alireza fajri

One of the relatively common crimes that take place against the physical integrity of individuals are injuries that pierce the victim's body and cause suffering and fatigue and in some cases lead to the disability of that organ. The diya for this type of injury, which is called penetrating, is one-tenth of the human diya. Different angles of this crime have not been agreed upon by scholars and need to be studied and examined. Among the controversial cases, we can mention the exact definition of the piercing and the amount of the diya for piercing of the organs and the women's diya in these types of injuries. Based on the descriptive-analytical method, after proposing different jurisprudential viewpoints, the present study evaluates the aforementioned arguments and then shows with numerous arguments that penetrating injury, both in terms and in women's diya, is different from the opinion of the famous jurists and accordingly the legislator of the country. Therefore, a penetrating injury is an injury that splits the end parts of the body and does not come out from the other side, and the amount of its diya does not differ in men and women.

Branch four of the Criminal Court Lorestan, Iran, in the lawsuit no. 140036390000625830, has ordered qisas for a person who was attacked by individuals and committed the murder of one of the attackers in his defense. There are several reasons to address this lawsuit: First, it is related to the loss of human life, and in case of an incorrect verdict, it is not possible to compensate the damages. Second, there are many similar cases in the courts of justice in Iran, and their review and investigation can be effective in other cases as well. Third, this lawsuit has significant underlying problems, which show that this lawsuit lacks legal and even jurisprudential support, since the murderer was basically in a position of self-defense, and if his transgression in the defense situation is proven, the quasi-premeditated murder will be proven, not the premeditated murder. It also has several formal problems, including the lack of a case file for the accused, the lack of documents related to the reconstruction of the crime scene, the lack of investigation by witnesses and informants, and so on. This number of problems even in much less important files cannot be ignored.

There is a challenge in the studies of the concept and examples of worship. First, there are several views for the definition of worship (seven meanings) and most jurists have not clearly stated which meaning they have followed. Secondly, because of the challenge in concept studies, most jurists have been challenged in expressing the examples of worship, or have deviated and provided a few examples from their own point of view in worship, or have gone to extremes and given more examples or they have confused the meanings of the examples of worship and given some examples of one meaning along with some examples of other meanings. The present study seeks to enumerate and refine the meanings of worship and then to determine the examples of each meaning clearly. In this research, induction method has been used. First, in the words of jurists and Usul scholars, the concept of worship was studied and related terms were collected. Then, in the jurisprudential books, the examples of worship were examined and at the end, the examples of each meaning were determined. The novelty of the paper is in three items. The terminology of the concept of worship and the separation of their examples, the difference between the term worship and terms such as devotional and proximity, and the difference between inference in worship and non-worship; the issues that have not been studied based on this method so far.

One of the most common crimes at the community level is strife and conflict, and consequently the bodily injuries that occur due to the conflict, and unfortunately in some cases lead to minor injuries and the death of the victim. In such cases where the victim refuses his or her treatment, there is a difference of opinion among the jurists about the person responsible and in charge of the murder, and most of the jurists have issued fatwas guaranteeing the life of the victim.This article studies all aspects and areas of the victim's refusal to seek treatment by examining the books of jurisprudence and the viewpoints of the jurists. These views and reasons are sometimes very different or contradictory. The final goal of this study is to clarify the aspects of this challenging issue in order to determine the exact guarantor in these cases and to pave the way for providing effective legislation to protect the rights of the criminal and the victim. This study deals with the most important theoretical issues that influence decision making on this topic. Finally, we conclude that the intentional refusal of the victim is due to different assumptions and each assumption must be examined separately in order to decide whether to guarantee it.

Spinal cord is one of important body organs that sometimes are hurt or injured because of crime. Jurists in Islamic Penal Code consider the complete spinal cord injury as the cause of complete Diya. In addition to have consensus, they have referred to the principle of Diya for single and pair organs. Through examination of jurisprudential texts as well as anatomy of human body in respect to subject studies, it seems the jurists' arguments, and especially resorting to principle of single and pair organs; Spinal cord cannot be considered a single organ in the body to have complete Diya in case of an injury. The current paper in addition to examining the jurists' viewpoints on Diya of spinal cord injury and precise investigation of their arguments concludes that basically spinal cord injury does not include diya, but includes Arsh (compensation for injury). In addition, the Arsh in different cases will be different. Therefore, the Islamic Penal code must be changed and reformed.

Providing society with moral security is one of the most important social rights for women in order to live freely in a secure environment. The main queson of the present paper is to what extent bothIran and internaonal community have paid aenon to women’s moral security and mental quiescence and which one has put more importance to this issue. Reviewing internaonal documents legislated for providing people around the world with moral security and Iran’s policies and laws in this regard, this paper takes into consideraon the formulaon of these policies in internaonal community. Finally, it comes to the conclusion that internaonal documents are so weakand insignificant in comparison to Islamic Republic of Iran’s laws that would not worth considering and that if internaonal community wants to provide sociees with security, it should take Iran’s laws as its model and reformulate necessary laws according to these laws.

In Islamic law if urinary and fecal incontinence were the results of two felonies, the compensation would be two. But in one single felony, most of scholars believe one compensation is enough not two, and this is just due to one hadith about it. Since it is not supported by medical studies, alterations or heresy and..., it cannot stand against the rule of non-combination of the causes and so the two-compensation idea in one felony seem validated and stable. In this article we will discuss different opinions to prove what the exact and valid idea of Islam is.