فهرست مطالب amir hamzeh salarzaei

women heads of the household are among the vulnerable sections of the society that need to be supported. In this article, an attempt has been made to provide solutions that are compatible with jurisprudential teachings in order to provide material support to this group.

The present article is descriptive-analytical with a problem-oriented approach and was written by referring to library sources.

Ethical considerations: 

In writing this article, honesty and trustworthiness have been observed and original and first-hand sources have been used.

The Islamic government can take advantage of the potential and capacities of the government jurisprudence and adopt strategies to provide financial support to women heads of the household and in this way support this vulnerable group. brought The findings of the research indicate that these laws alone have not been able to meet the requirements and requirements stipulated in the principles .

Considering the mechanisms for the insurance of female heads of households, the provision of the treasury and the public budget, the payment of fair wages and also the granting of guardianship of children to female householders can be considered as the types of support of the legislator for this group.

Suicide and taking life from a person is one of the most important crimes against individuals. In the Islamic legal system, the punishment for murder, if it is intentional, is retribution and this punishment is mentioned in the Holy Quran as the source of society's life, but when it comes to Wasted blood people like the apostates, the matter is completely different. According to the importance of the discussion of apostasy and at the same time the ambiguity in the situation of murder of apostates based on this, the purpose of this article is to examine the possibility of Muslim retribution in committing a deliberate crime against an apostate from the perspective of Iranian jurisprudence and criminal law… he upcoming article is descriptive and analytical and has investigated the mentioned question by using the library method. The findings indicate that from the point of view of jurisprudence, punishing the apostate is the only duty of the imam and vice-imam and at the present time, the guardian of jurisprudence has delegated this authority to the courts of justice and it is within the scope of their duties. From the legal point of view, first of all, the Penal Law has not discussed the punishment of the apostate and according to the principle of the law of crime and punishment, the punishment of the apostate is in an aura of ambiguity. The jurists also disagree about the way to punish the apostate, that it is simply not possible for the judge to issue a fatwa. On the one hand, one of the most important challenges of acquitting the apostate murderer and not retaliating against him is that it is difficult to prove the apostasy of the victim. By proving the apostasy of the victim, he will be punished because killing the apostate is one of the duties of the government, but if he cannot prove the apostasy of the victim or prove his mistake in this regard, he will be punished.

Imagining the nature of the relationship between the creator and intellectual phenomenon and how their legal effects are considered among the topics related to intellectual ownership. In this article, while explaining the nature of the right of ownership of intellectual works, different points of view have also been examined. This examination has been done from two legal and jurisprudential perspectives and the explanation of this relationship can be studied in two ways. First, the general examination of the relationship, which is how intellectual ownership is placed under the right section, and the second stage is the examination of the specific legal title that is applied to this relationship. In order to analyze the content, first the word right and ownership, which express the relationship between a person and a person or something, and then the relationship between the creator and intellectual phenomenon have been examined. According to the findings of the study regarding the nature of the relationship between the creator and intellectual phenomenon, based on jurisprudence, the holy lawmaker considers ownership as the right to benefit from the object and its exchange, and the legislator has also in a way endorsed this view.

The concept of "under surveillance" and the rights of the individual in this situation are associated with the police. Considering the development of India's criminal justice system in recent years and the extensive and anti-corruption reforms regarding the functioning of police authorities in promoting and protecting the rights of defendants, by examining the laws and rulings of the courts in both text and procedure, in this article The individual was monitored at the time in order to identify this concept in Iranian law in order to use the experience of India to achieve more protection of the rights of the accused and to improve the Iranian penal system.

The present article has been interpreted by descriptive-analytical method and relying on judicial judgment.

The present article seeks to answer the question of how the identification and guarantee of the rights of the supervised person has been in the Indian penal system and what has been the performance of the judicial system of this country? The findings of the study are that the rights of the accused have been properly identified in the criminal and constitutional laws of this country and the judiciary in India relies on rulings based on a broad interpretation of the law and in favor of the accused, gaps caused by vi

The lineage resulting from canonical and legal marriage requires correctness and effects such as inheritance, alimony, natural guardianship, custodianship, etc are arranged on it. However, an innocent baby may be born as a result of the committing fornication of their lawbreaker parents. There were many theoretical differences between jurists and jurisprudences according to Article 1167 of the Civil Code on the order or non-order of legal effects on the lineage of such a child, and in this regard, different opinions were issued by the courts. The end of this incoherence of votes led to the issuance of a unanimous decision of the Judicial Procedure No. 617-03-04 / 1376 of the General Assembly of the Supreme Court. This study tries to examine this issue based on the jurisprudence and legal-judicial system of Iran and uses a descriptive-analytical method and with the help of library tools. The view of adjudication a child to a whoremonger who is contrary to the famous saying of the Imami jurists and in accordance with the opinion of contemporary jurists, and especially in accordance with the fatwa of Imam Khomeini, according to which a great change in Iranian law took place, is preferable and stronger. Therefore, due to the existence of a special text, except for inheritance, all legal effects on illegitimate lineage are also regulated.

Although the theory of civil law and the generally accepted view among jurisprudents is the exclusivity of the defects leading to termination of marriage. Today, however, with the advent of new diseases, many of the contemporary jurisprudents believe in the allegoricalness of defects, especially given that the basis for termination of marriage in the defects specified by law is the negation of harm, and this criterion exists in emerging diseases a fortiori, since many of these diseases are pernicious, contagious and refractory, and tolerating such conditions by a healthy person, in addition to causing harm, is associated with great affliction. Yet, notwithstanding the fact that some of the defects regarded in the civil law as causes for termination of marriage can be treated today with scientific and medical advances, some jurists and jurisprudents still adhere to termination of marriage. In this descriptive-analytical article, through the comparison of priority, which is accepted by all jurisprudents, it was concluded that in the new defects that have appeared today, such as AIDS, hepatitis, SARS, syphilis, etc., which are far more perilous and refractory than the defects specified in the civil law, and for which no definitive treatments have been found so far, we must abide by termination of marriage in order to prevent harm to the spouse.

The decrees which are issued by the Wali al-Faqih in accordance with the expediencies and requirements of the human society, observing some regulations, are called the governmental decrees; and the absolute expediencies which are considered as expediencies for which there is no text, are called consideration of public interests (Masalih al-Mursalah) in the Islamic law. In this research, which is conducted through a descriptive-analytical method, we are going to assess the governmental decrees with consideration of public interests (Masalih al-Mursalah), in order to clarify the contingency aspects. The findings show that governmental decrees and consideration of public interests, despite the differences in views, on the fundamental aspects such as reason, expediency and objectives of the law, are compatible with each other, and certain religious and rational frameworks cannot be deprived in them. Therefore, the compromise in Shiite jurisprudence can be the examples of reason are based on the rational tradition. In the community, which is the place of the events of the Almighty, the duty to meet the needs of the obligated and to eliminate their distrust to the mujtahids, the necessity of the explanation of this issue, in addition to the purpose of the approximation of religions and views, is doubled.

Description and fixing the defects of some laws which have computational aspects by new mathematical literature, is an essential of the information technology age and such studies are unavoidable for programming in order to realize the electronic judiciary. The author's claim about article 393 of the Islamic Penal Code with difference of blood money topic is that this article does not cover certain instances of the related crime. Therefore, in addition to recommendation of a new version of the above said article, for the first time a mathematical formula has been devised to make it operational. With this approach, the author, while introducing the above said article, has explained the cases of deficiencies and their frequency. Finally, the article has been amended so that it encompasses all probable instances related to the sexes of those participating in the murder and the way the difference of blood money is calculated are covered. The result of this study in the section of offering a mathematical formula to calculate the difference of blood money of those participating in the murder, with simple to complex frequencies, is as follows

Wilayah (Guardianship) is the power of directing seizure without any need to the permission of anyone. In marriage, Wilayah is the idea and comment of Mawla about Nikah (marriage) and agreement or disagreement about it. Constant occurrence of the religious difference between Mawla and Mawla Alayh in the present era requires expert review of this case, including its impact on Wilayah in marriage. This research is a descriptive-analytic approach in which the central issue was the study of the effect of Religious Difference between Mawla and Mawla Alayh in the guardianship of marriage. We came to the conclusion that, Islamic scholars have agreed on the religious agreement between Mawla and Mawla Alayh as the requirement to establish the guardianship in marriage and they have mentioned Quranic verses, traditions and ’Ijma‘ as the reasons for their opinion. However, there are controversies over these reasons. If there is not religious agreement between Mawla and Mawla Alayh, the jurists believe that Wilayah and guardianship of Wali is annulled and another person will have the guardianship of marriage. In general, according to the permission of Wilayah in marriage and the controversies on the reasons about religious agreement, it seems that in a state of urgency and necessity, considering the expediency of Mawla Alayh, the religious difference between Mawla and Mawla Alayh do not have effect on the establishment of Wilayah and correctness and effects of marriage.

Foreign exchange trading or "Forex" is a decentralized global market in which currencies are traded in pairs and traders benefit from currency price changes. The ban on this market by the Iranian legislator should be taken into consideration. This article assesses the angles of these transactions by examining the nature of the Forex market and complaining about it in a descriptive analytical approach. The arguments presented based on the similarities of gambling transactions are reasons for the illegal Forex market. Because financial damage is not just for a trader and in turn affects many communities; several laws, including injunctions, bans on deception, profits in the country, etc., are the basis for analysis and evaluation. The article has been studied. With all of the above, not only religious status, but also the prohibition of these transactions is clear in Iran's law.

The assignment of checks and promissory notes as a debt document has provided the context for jobs such as Champerty. A Champertor buys the nominal amount of not received check and promissory note from the creditor for a lesser amount and collects the amount stated in the check and promissory note by using legal or illegal solutions. The balance of buying the amount of the check and promissory note with nominal price that is demanded by the champertor provides the context for conflict in Fatwas on this issue. The phenomenon of "champerty" is sometimes associated with the champertor's committing inappropriate behavior. This leads to digressing from the topic in explaining this phenomenon and increases the importance of conducting studies on this topic. In addition to examine the brought-up fatwas, this study evaluates whether the research on this phenomenon would be possible considering the distinction of champertor's deal from his selective methods in line with vindicating the religion. Therefore, with a careful look at the authority of the debtor to pay back all the debt, based on most of the jurists' perspective, in this case, lack of the current "borrowed usury and transactional usury" will empower this requirement. Furthermore, because the crime of this phenomenon has not been determined, the behavior of champertor would be merely liable to prosecution when he intends to commit some actions such as threat.

As ratification of new laws and regulations really needs refinement and expurgation and as the necessity of analyzing such laws is crystal clear, the resent paper is to level a fundamental criticism on the penal rule of declaring war against God (mohārebeh) and corruption on the earth (ifsade filardh). The main question of this research is that why the criminal acts of declaring war against God and corruption on the earth have been mentioned as two separate criminal subjects? The research hypothesis is created based on the Fourth Principal of Constitution of the Islamic Republic of Iran and seems that categorizing these two crimes under the same subject and category lacks reliable reason. Therefore, the existence of Innamā (showing limitation) and wāw (showing linking), the same subject in the word yuhāriboon and yasoon and interpreting this verse for the accused, as well as considering jurisprudents' opinions and concluding the traditions on the issue of mohārebeh all entail that these two issues enjoy the same rule which corresponds the criminal act.

There are numerous contracts in the Islamic jurisprudence for utilizing and exploiting the arena, which can be mentioned in the contracts of Moan Mazar, Moghreza, Mosqat, and ... in this regard. One of the types of these contracts is a contract called "Estehkar" or "Hoker", which, despite the advisability and usefulness, has not been addressed in the legal system of Iran, but in civil law in Afghanistan and in the fourth book of the seventh article of the Civil Code, The title of the various sentences has been drafted, and in the material 2323 to 2349, there is an independent subject entitled "Rightful". This agreement applies to lands that are out of use and need development and development.
In this law, there is a contract for the construction of any kind on which to receive the exchange, which is essentially different from the nature of the other contracts, including the rental agreement. These types of contracts for the construction of the land on leased real estate, in most legal systems, like the country of Iran, are placed under the title of lease contract with other conditions or contracts, and it seems to be able to This jurisprudential institution takes advantage of its independent and legal jurisprudential title. The review of this law indicates that the culprit is an independent contract of rent and requires legal and legal review. Since this institution has codified and approved laws in civil law of Afghanistan in order to clarify its nature and to apply its provisions in Iran, it is useful to examine this contract in civil law of Afghanistan, which writers intend to enter this Have an article.
The most important question to be asked about the title of this research is that: What is the nature of the right and wrong contracts in Afghanistan's law? And what about the rules and rules of knowledge of law in Afghanistan, what are the conditions for this contract to be considered?
Research In order to accomplish this research and to achieve the results of the research, we use a common method of collecting information, using a library study method (studying and reviewing references), and using a hyphen for direct quotation or mohaghegh's The content is used indirectly as a quotation. Like all library studies, books and articles have been used and referring to related sites and resources.
In the fourth book of the seventh article of the Civil Code of Afghanistan, entitled "Different sentences", under the 2323-2349 articles, an independent subject entitled "Lawyer" has been mentioned, which is expressed in the terms of this legal and legal institution as follows: Definition of right
The lawmaker of this country in civil law has placed a token in the amount of objective rights and has provided such definition in Article 2323: "Right is the right to object, which is the purpose of the survival of the land for the construction, planting or one of these Two are against certain wages. " (Mohaghegh, 909: 1388)
Contrary to Egyptian civil law, which did not provide any definition of this institution, the legislator of Afghanistan has given a clear definition in the first part of this book. One of the goals of this institution, referred to by this article, is the survival of areas that are out of exploitation and need development and development. Therefore, the owner of the right can have any seizure, including the construction of a building or a planting site, and, in exchange for such seizure, must pay a sum to the landlord as a rent. Although the contract seems to be similar to the rental agreement and can be considered as one of the effects of the rental agreement, it should be considered for that independent legal title because of the fundamental differences with the rental agreement.
The time is right
One of the basic characteristics of the institution is the length of time that the law referred to in Article 2324 and assigned it a period of 50 years, and stated: "The length of time is not exceeded from fifty years. slow. For a period of more than fifty years or so, it is credited for a period of fifty years. "(Mohaghegh, 910: 1388) This long time has given a special face to the nature of the contract. And distinguishes it from ordinary rental contracts. This institution has long been in all legal systems, and one of the differences with the rental agreement is the same feature of the length of the term.
Expiry clause and court authorization
Because of the special effects and the mixing of various contracts and the plight of multiple rights, it is not possible to conclude this contract in Afghanistan except in exceptional cases. The contract in this country shall be concluded only on the basis of necessity or expediency and with the permission of the Provincial Court, where all or a substantial part of the land is in the jurisdiction of that court. Article 2325 of this law states: "A marriage contract is not a license, except on the basis of necessity or expediency and the permission of the court of the province where all or most of the land is situated in the area of ​​the court in terms of price. The contract shall be signed by the chairman or the member appointed by the chairman of the court. The bail will be arranged later in accordance with the law. " (Mohaghegh, 910: 1388)
Authority and authority of the owner
The right in Afghan civil law will not be dissolved by the death of one of the parties, and after the termination of the term, the property and the land and the realm will be owned by the main owners, and therefore the contract can be considered as necessary contracts. Article 2326 of the Civil Code of Afghanistan states: "The owner of the right can, on the ground under his control, make a declaration of transfer of property or profits. In all these states, the land, buildings, objects, and other immovable property after the end of the term of the right, shall be restored to the main owner or his heirs or to the observance of article 2324 of this law. " (Mohaghegh, 910: 1388) Also, according to this article, the rightful owner has the right to own and has the right to transfer to the arena.
Article 2327 of this law also states one of the rightful owner of the right: "The rightful owner can seize one and the same rights in the field and in the field". (Mohaghegh, 911: 1388) is also one of the homeowner's homeowners who pay the rent, which the owner must pay the rent to the landlord in due time: "The owner of the right is obliged to pay the assessed allowance in the agreed upon agreement , Blacksmith ". (Mohaghegh, 911: 1388)
Other assignments for the rightful owner of this law are as follows: "The owner of the right is obliged to use the means necessary to obtain the land, and the conditions agreed upon by the nature of the earth, for which the land is prepared for it. And subject to the custom of the region. " (Mohaghegh, 912: 1388)
Surrender
The amount of the right is determined on the basis of the agreement of the parties, but in any case, it should not be less than the equivalent. Article 2329 of the Civil Code of Afghanistan states: "A contract is less than the amount of employment permissible, no reimbursement, or the deduction of the amount of paid employment, which may have been incurred in excess of the value of Khums in excess of or decrease in value. And has passed since the last assessment of five years. " (Mohaghegh, 911: 1388)
Article 2330 of this law also states in the preceding article: "In assessing the amount or amount of land rent, the land is to be counted when it is measured, in which the position of the land and the size of the people's desire are respected. The existence of the object or the property of the rightful owner thereof is not established or the rights and privileges of the owner of the right in the land in question are not valid for the assessment of the remuneration. "
Extended right
Article 2331 of this law is related to the renewal of the right: "The new measure is valid from the date of the agreement of the parties or from the date on which the claim for payment of the claim is made." (Mohaghegh, 911: 1388).
Okay in the endowments
There is no specific property in Afghanistan civil code and can be used for endowment property. Article 2334 of this law states as to the exact relationship with the property of the endowment: "If an act has been made on the land of the endowment and the waqf's attribute from the land referred to by the waqfent is deduced from the waqf, it will end there. And if the endowment period is deducted from the waqf, if the remaining period is less than a certain period, then the waqf end time is continued.
One of the legal and legal entities is a contract called "Honest or Arbitrary", which is further mentioned by Sunni jurisprudents. The treaty is a long-term contract and, as stated, the Afghan legislator has set a maximum period of 50 years to conclude it. In this agreement, the landlord has the right to take an interest in the field and, with this in mind, can look for a lot of legal issues and new tangibles.
Of the discussed issues, it can be seen in Islamic jurisprudence that the legitimacy of this institution, which is applicable to the assignment of leased land for the construction of a land. The contract in the neighboring country of Afghanistan has a comprehensive and comprehensive legal system for concluding contracts with special conditions. Since many of the new contracts in our country are applicable to this jurisprudential institution, in view of the civil law reform plan proposed by Mohammad Jafari Jafari Langroudi, and in the third part of the fifth book and in Article 1461, And its definition, and it is suggested that the Iranian legislator will discuss a clause in Iran's civil law to discuss arbitrary contracts and express terms and conditions, in order to set up many transactions and contracts. Which is similar to the legal and legal concept.

Obsessive compulsive disorder as a condition of serious study of the science of psychology and the science of medicine, but the scope of this disease that is often in denial of religious affair finds led to this question to be raised, how the authors can be found via the juridical principles and rules to prevent this disorder withdraw step by step? Therefore, using the descriptive method of analytical research on this-to have the fruit of the field which was divided into two parts, the first part to set the definitions, characteristics, symptoms, etiology, etc. Productions and in the next section the different juridical principles and rules such as the principle of authenticity, Principles astsahab ...It as that can create awareness to religiously accountable time to get through the opposite concept arising from the application ofthe principles of juridical and perplexity fixes in task and passing thoughts shifted to fear and shame and agony of blunt kindness divine, in the prevention ofimpaired learn to come together; the attention for this purpose, the claim of principles jurisprudence and the argument on principles jurisprudence to mixing with topics non-scientific belief and do not benefit the expectorant and finally got results through the application of the rules of the juridical principles can be found in the field of primary prevention and secondary prevention (after the occurrence of a disorder), was effective

Principle of no Harm is one the most important and useful principles in deducing precepts. Likewise other scholar, Akhund has discussed this principle in Kifayeh. This study has criticized Kifayah’s author opinion about the well-known Principle of no Harm by emphasizing the spiritual seizure of the tradition. The author of the present paper believes that Akhund’s viewpoint in explaining the Principle of no Harm is in contradiction with literary and verbal principles, the jurisprudential effect influences on this principle, the linguists’ sayings, the scholars of rhetorics ideas, as well as the interpreters’ standpoints and their verbal manner. The conclusion shows that not only the does Principle of no Harm bear a kind of rhetorical succinctness, but also it demonstrates a developed skill of law setting, and unlike Akhund’s viewpoint, its two dependents of lā zarar and lā zerār bear two different meanings and are included among two jurisprudential effects under the title of positive and imperative rules.

Crime as a complex and unfavorable phenomena, is caused from different factors, including individual, family, cultural, political or economic and etc. Given the importance of crime in different countries, in recent years, extensive studies have been conducted to identify and explain the reasons for its occurrence. Identify and explain these factors, as well as important and related performance some of them, will achieve us to the goal of prevention; Thereby, the cost of crime will be reduced. With spend them on other priorities, it can be a step towards economic stability and economy of resistance. Economic factors such as poverty, inequality and unemployment, including major factors in the occurrence of this phenomenon are known. In experimental studies, the causes of segregation and separate are usually measured in relation to various offenses in an area, town, city, province or a country. In this paper, the authors stated with to the cross sectional results of empirical research conducted in Iran and India have included the concept of priority and relevance to the analysis of these factors which may have been more or less attention to them. The results indicate that the priority and continuity for the labor market relative to both inequality and poverty is there in two societies in our studies.

Human perfection and happiness depends on thinking and reasoning، and rationalism is defined as invitation and encouragement to contemplation and deliberation and also avoidance of restriction from wisdom and thought. Many Islamophobians believe that Islam is incompatible with rationalism. The main question in this paper is that in Islam، accomplishing this in discussions of «principles of jurisprudence» which is the science of Inferring jurisprudence and one of its resources is wisdom، how much credit is allowed for rationalism? The purpose of this paper is to prove the existence of rationalism in a high level in «principles of jurisprudence». Based on the definitions of rationalism، «principles of jurisprudence» has been one of the sciences that has been founded to remove the barriers of reasoning and explore the reality in Islam. To fulfill this objective، a descriptive and analytical research in this field has been done and fundamental issues related to this subject have been raised. Finally، we have concluded that not only is not «principles of jurisprudence» opposed to rationalism، but it has also offered the solutions، rules and regulations for thinking. It takes rationalism away from methods that have not rational credit. It also extends the scope of wisdom and it considers wisdom as one of the resources of inference of jurisprudence.

The author of this paper seeks to prove by means of descriptive-analytic method and library researches that the Qura’nic prayers are so delicate that the non-Qura’nic prayers recited by the prophets and saints lag seriously behind them. The results demonstrate that the Qura’nic prayers open with words markedly different from those of non-Qura’nic ones; therefore, those non-Qura’nic prayers in which God, against His divine dignity and omniscience, is addressed by words other than Rabb are open to suspicion.

The policies of holly Quran about crime prevention in the name of Islam criminal policy and a descriptive analysis of this policy is presented in this paper. It is believed that the criminal punishment after the crime commission is not the only solution for the problem. Also, Islam involves a wide range of people’s functions in personal and social regions. For planning such policy, humanity and correction in of high attention. Islam programs bring bliss to the human and the specifications of such policies are its efficiency during all eras. This issue is related to the preservation of individuals and society expedient with time and place.