hamed rostami najafabadi

Formalism and the consent principle have been open to discussion in law for a long time. When speaking about the principle of consensualism encountering with formalism in law, it is usually concluded that the principle of consensualism is ranked as first and formalism as the second. However, today after going through extremes in implementing these principles in western law, it seems that the confrontation of originality with formalism has been significantly reduced due to new forms and goals. Therefore, it can be said that these two are implemented in law proceed without breaching each other and in line with elevating the science of law in the field of legal practices. Today, the forms that bind legal practice have appeared unprecedentedly, all of which have reasonable and expedient goals; for instance, western law protects consumers against professional sellers in request to establish a legal relation between a skilled worker and an amateur individual in a written form containing the necessary information. Based on the descriptive-analytical method, this research concludes that the synchronicity of the consent principle and modern formalism, in contrast to Western law, in contemporary jurisprudence and Iranian law, has not been well received by scholars in this field. Additionally, the consensualism of legal acts against the new formalism is considered as a principle.

The expansion of moral principles has been one of the necessities of human society throughout history. Also, the most important point that should be addressed in the discussion of moral damages is the definition of moral damages. Moral damage is one of the most challenging legal issues in the legal system of different countries. Therefore, in the present study, the researchers decided to compare the compensation for moral damages in the legal systems of Iran and England.

The research was a review method, in order to achieve the goal of the research, in addition to electronic education books and virtual education in this field, articles related to the research keywords from 2004 to 2022 from the databases of Civilica, Magiran, Sid, Researchgate, Science direct, was reviewed.

In the legal system of England, as in Iran, the "theory of fault" is the main basis of civil responsibility. Investigations indicate that in Iran, based on various laws such as the "Constitutional Law", "Criminal Procedure Law", "Civil Liability Law" and some other scattered laws, compensation for moral damages is mentioned, but it has many problems. While in countries like England, issues such as one-sided or two-sidedness of the damage, insurance coverage, social credit, job and financial resources of both parties to the damage, and reduced life expectancy are taken into consideration in issuing moral damages compensation orders. It seems that people's awareness of their rights in this field, the insurance coverage of moral damages and the compilation of the compensation table in frequent cases will help to follow up and issue judgments in these types of cases.

Undoubtedly, according to the necessity of human social life and survival, generation and reproduction, marriage is essential. Therefore, since the beginning of creation in different nations and villages, special behaviors, customs and laws have been established and have been flowing. Among the discussed issues and scientific criticism is the issue of the marriage of an adult girl and its dependence on the permission of the wife's guardian. This article first examines the concepts of research such as guardianship and its types and degrees from the point of view of Shia and Sunnis, and while expressing the opinions of Shia and Sunni jurists regarding the performance of marriage without the permission of the guardian, it has answered these questions. "1. Is the permission of the guardian a condition for the validity of marriage in adult marriage or not? 2. What are the viewpoints and opinions of the supporters and opponents of the guardian's permission and their arguments? 3. What is the opinion of the commentators regarding the participation of the guardian's permission and mature will in marriage? 4. What is the opinion of the commentators on the details of consent in permanent and temporary marriage?" In this research, it has been stated that some jurists believe in the independence of the opinion of the father and the paternal ancestor in the issue of adult marriage, and some believe in the independence of the mature adult's opinion, and some believe that the opinion of the guardian and the mature adult are shared, each of them have their own reasons, which are explained in detail. It has been stated and also the opinions of the jurists on temporary and permanent marriage have been mentioned with their proofs. In the end, the research has reached the conclusion that Rashideh's proverb has the biggest role in solving this problem; Because it is determined by the means of revision of manat and the clarification of some narrations, the meaning of the necessity of the permission of the guardian in the adult is a directive ruling, and in the case of the marriage of the adult without permission, but with the verification of the growth of the daughter and the existence of the expediency and jealousy of the daughter, this marriage is valid.

Examining Islamic Jihad issues in resorting to military force and coercive actions against the enemy and the way to treat civilians and non-combatant people indicates that the humanitarian provisions of Islam are based on the fundamental principles that provide the necessary grounds for the implementation of Jihad rules in different conflict situations. They provide Islam. Justice, the right to life and respect for human dignity are among the foundations of humanitarian rights in Islam, each of which has a special place and importance in Jihad in the cause of Allah. Quranic evidence, narration, reason, consensus and Muslim jurisprudence rules have prohibited the production and use of weapons of mass destruction; Therefore, in this article, while examining the concept and examples of weapons of mass destruction, topics such as justice, the right to life, human dignity, which are discussed as the bases for not allowing the use of weapons of mass destruction, to examine the verses and traditions, reason and consensus, which are among the most important evidences for issuing verdicts. Regarding topics such as weapons of mass destruction; Paid. In this research, the prohibition of the production and use of weapons of mass destruction in Islamic jurisprudence has been analyzed, and in the books of the jurists of the previous examples, it can be revised and applied to the current examples; Also, the prohibition of using these weapons in normal conditions is based on customary rules.

The marriage of a muslim man and a woman who are bonded to different jurisprudential religions causes some disagreements in courts especially regarding personal problems. Triple divorce in one session is one of these issues which is a revocable divorce in Imamiye and is irrevocable divorce based on the ideas of the most jurists of Sunnah. Based on the survey of this researcher in some border provinces due to the widespread use of triple divorce in one session and the silence of the rule in this issue the difference effects of revocable and irrevocable divorce and the fact that the divorce is a monolateral right but it affects on both sides, this topic has been selected for the study. We will answer the questions that in performing the triple divorce which side's opinion will be respected and on which basis it must be performed? Although from the viewpoints of shiites one divorce and based on some fatwas no divorce has been performed but based on Sunni religion three divorces has been performed. This research which has been done using descriptive_analytical method and some library and related software sources tries to find a solution for this religious difference between the Islamic religions the findings reveal that based on obligation rule the place of truth and subordination rule and also in some subsidiaries even the ihtiyat-fi-lfuruj rule in some conditions the problem can be answered.

According to Shiite jurisprudential texts, the endowment (waqf) must be used for the purpose and intention of the endower, except in situations such as the destruction of the endowment object or the expiration of the endowment's formalities where the implementation of the endower's intention is not possible. In such cases, some jurists issue a fatwa allowing the use of the endowment where it is closest to the endower's purpose, while others oppose the use of the endowment for any other purpose. This paper, using a descriptive-analytical method, is divided into two parts: the first part examines the absolute expression of the endower's intention and whether expanding the circle of the endower's intention conflicts with the original intention or not. Using valid linguistic evidence, it can be proven that expanding the circle of the endower's intention does not conflict with the original intention. The second part deals with situations where the endower's purpose is fulfilled, but we want to add additional uses to the endowment. Different opinions of jurists are presented in this part, which requires further investigation, but ultimately, it is revealed by examining the words of the jurists that there is no conflict. By applying permission and disavowal, custom, and the rule of permission in an object, permission to extend the uses of the endowment is concluded. Careful examination of previous research shows that the subject of these studies is usually about the sale or conversion of the endowment, but in this article, the permission to extend the uses of the endowment is examined.

Apostasy is among the acts its worldly punishment is controversial; Some people, citing the Hadith, consider the punishment of the apostate to be execution, and others believe that according to the verses of the Holy Quran, the foundations of the texts and the Maqasid al-Shari'a, the punishment of the apostate is in otherworldly and not worldly. In this article, with a descriptive-analytical method and using library sources, different points of view have been examined and the worldly punishment of the apostate has been criticized by emphasizing on the purposeful reading. In the Maqasid approach, it has been stated that the preservation of denomination as one of the Maqasids has its meaning in the light of preserving the whole denomination and reducing it to details has not been the concern of the Maqasids. In addition, the purpose of self-preservation from its spiritual-psychological dimension and the preservation of reason in this dimension, emphasizes on the need to pay attention to the freedom of belief as one of the Maqasids of Sharia which guaranties the freedom in realm of belief. Also forcing people to accept Islam is neither possible nor desirable, and God Almighty has denied any kind of reluctance and compulsion in accepting religion or continuing religious practice. Moreover, emphasizing the worldly punishment of the apostate causes people to hide their apostasy and another evil (hypocrisy) arises. In addition, interfering in the inner and hidden affairs of others, is against some other Maqasids, such as self-preservation and individual freedom.

acculturation is considered one of the main and most important functions of the education and training process; On the other hand, the acculturation process plays an important role in policy formation. With regard to the police's behavioral policy, which is basically based on the relevant laws; Therefore, the purpose of this research is to explain the place of cultural education in Faraja and its role in legalism of employees of the police command of the Islamic Republic of Iran.

The present research is of quasi-experimental type and using pre-test-post-test and control group and the method of data collection in two documental and field parts through the distribution of questionnaires made by the researcher. The statistical population in the present study includes all the employees of Shahrekord police command and the research sample was selected by the available method and through screening. In order to analyze the questionnaire data, the multivariate analysis of covariance (MANCOVA) test was used.

The results of the research showed that by proving the necessity of training, education and teaching the basics and principles of Islamic culture in police command, the goals of the training and excellence courses in the dimension of legalism (taking into account the order of effect) as described, ensuring the implementation of the law to the extent of 37 0.0, positive attitude towards legalism at the rate of 0.32 and identification and reflection of legal gaps and weaknesses at the rate of 0.29 have been achieved.

It is clear that regarding to the political system of Islam, not every individual can take over the affairs of Muslims and govern over them, but must be the most worthy person in the society and have the necessary conditions, characteristics and serious responsibility for this major position, because growth and the excellence of a society or its decline and overthrow are the consequences of their actions. One of the main purposes of this article is to answer questions such as: at what extent have the jurists of the Islamic Denominations referred to the prevailing conditions and characteristics? Or what are the differences between them in this case? Accordingly, after explaining the concepts of the present study, related to and in line with the discussion, would have explained the views of the votes of Islamic Denominations. First of all, the consensus conditions have been explained: being a Muslim, have the power and act of leadership and courage, being a man, Intellect and maturity, health of body organs and being free, and in these circumstances there is not much difference among the jurists of Islamic Denominations. Then, the disputed conditions have discussed which they are: justice, the qualified jurist, and the ruling science. This article is analyzed by descriptive-analytic method with the aim of examining the conditions and characteristics of Islamic governor.

Insulting the sanctities of religions and denominations under the guise of freedom of speech is a threat to the peace and security of the world, and according to some documents of the International Charter of Human Rights, it is prohibited and is an example of violation of human rights; However, the Western countries have a dual policy about this issue. France, which considers itself the cradle of freedom and human rights, has different positions in similar situations. Respecting the sanctities and preserving the sacred concepts, expands the communications and strengthens the peaceful coexistence of the followers of different religions. Islam condemns the insult to its sanctities, and emphasizes not to insult the sanctities of others. A practical commitment to the declaration and human rights treaties in the world - especially in Denmark, France, etc., with the aim of creating religious and denominational division, insults are made towards the holy Prophet of Islam (SAW) - and to eliminate the legal loopholes of this crime in the country, is necessary more than ever. This research, with a descriptive-analytical method, aims to investigate the insult to sacred concepts according to the jurisprudence of Islamic religions, the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. Insulting sacred concepts is punishable from the viewpoint of Islamic denominations and Iranian legal system and is also prohibited in human rights.

" expediency " is the basic element of the philosophy of laws and rulings, and this is the case of Islamic schools, which is in two general areas: jurisprudence and law, on the one hand, and jurisprudential propositions and articles of statutory law, on the other hand. Other, it is seriously discussed and the role of expediency element in the final decisions of jurisprudence scholars and its executors is considered inevitable. Although the independent role of expediency as a source is not a matter of coincidence, but its instrumental role, apart from the fact that it is a matter of consensus, is undeniable in Islamic punishments. What this article aims to explain is that today in the legislation and implementation of Islamic punishments, one should also pay attention to the element of expediency and the philosophy of punishment, and in case of discretion, the ruler of Sharia can use the secondary rulings and the element of expediency for some determine alternative punishments, or not implement some. Therefore, in the opinion of expediency, both in the stage of enactment and in the stage of interpretation of laws and their application to examples and the implementation of Islamic punishments, it is effective and it can even change the quality and manner of the implementation of Hudud; Because if a law is passed and is not implemented for any reason, it will lose its declaratory nature. This issue is also true regarding the punishment of stoning, amputation, amputation, and amputation of hands and feet, for crimes such as adultery, robbery, and moharebeh.

The lack of separation of real concepts from credit is a challenge that jurisprudence is facing, and in some cases it has caused wrong perceptions and undesirable practical consequences, sometimes it has even been opposed to rational concentration, and it has caused many rulings to remain abandoned and confused, especially in the field of transactions. . It is not possible to falsify the power of speech, which is inherent in human beings, or to falsify something contrary to the nature of the contract and make it a condition in the contract. The knowledge of law has also been affected by this procedure in such a way that the binding nature of the rules governing the real concepts in credit is considered a matter of course, and the laws approved based on it have found a fate similar to jurisprudence. Therefore, it is necessary to first recognize the truth of these concepts; Then jurisprudential inferences based on current principles will be analyzed and scientifically criticized in real concepts. Considering the validity of most jurisprudential and legal concepts, some propositions that are taken for granted can be undermined, and by negating them, results can be achieved that are both more compatible with common sense and lead to more dynamic jurisprudence. No credit concept has a real and self-sufficient relationship with a real concept or another credit concept. This article has analyzed some effects and consequences of confusing credit and development concepts in a descriptive-analytical way.

One of the orders can be granted by the judicial authority for access to the accused party and the possibility of compensating the injured party is the order to "obtain a guarantor by determining the amount of bail". A legal person can participate in all legal activities and consequently have civil and criminal liability. According to Article 221 of the Criminal Procedure code, a legal person can also stand bailing. However, the the letter of the sentence in the mentioned note causes legal ambiguity and may conflict with some basic laws. The present study examines the conditions and limitations of legal person's standing bail by descriptive- analytical method and data collection by library method. The result of the research is that in the case of standing bail by a legal entity, a distinction should be made. The standing bail of a state legal person is generally against legal rules and unjustifiable. Bail is acceptable by a non- governmental legal entity with two conditions: the bail of the accused party in the interests of the legal entity and with the decision of the competent authority at the level of management of the legal entity. standing bail by the endowment, depending on its legal personality, is subject to compliance with the terms of the endowment letter or the agreement of the endowed against the special endowment.

From challenging and controversial issues, the issue is the age of people in the enjoyment of social and political rights, as well as criminal liability, with no single procedure in this regard. In terms of maturity and the age of criminal responsibility, the two terms are different, yet related. In Article 91 Alongside growth, the courage of intellectuals under the age of 18 has been voiced in the context of the criminal responsibility of adolescents, which implies a dramatic development in juvenile criminal responsibility, which in terms of recognition of the growth and perfection of criminals under the age of 18 years of jurisprudential basis has it. Therefore, the present research seeks to answer the question of how well the growth and perfection are and what is the basis? Which initially explains the concept of growth and perfection, and it is proved that growth is not exclusively dedicated to a specific civilian concept and can be generalized to non-financial issues, including criminal affairs, since through the former or at least the unity of the criterion and the spatial , Growth is also conditional on criminal responsibility, and age is 18 years old for growth, and the growth of a person must be established for criminal responsibility; for this claim, while explaining the meanings, the narrations and precedence analogy are cited in the issue of growth and perfection.

Illegal Sexual Relationship other than Adultery has been forbidden by the jurisprudents of Islamic religions and is still considered a crime under the laws of Iran and Afghanistan and its punishment is Ta‘zir. Jurisprudentially, the Illegal Sexual Relationship other than Adultery is the relationship of a man and woman which is against Shari‘a and law and it entails punishment even if no intercourse has happened, otherwise it is considered adultery. Legally, by law, when there is an unlawful relationship between a man and a woman who has no marital relationship, it is called an illegitimate relationship. It should be borne in mind that illegal sexual relationship other than adultery is not exclusive or limitative (hasri) but it is allegorical (tamthili); some of today’s common criminal offenses have not been addressed in Islamic jurisprudence nor in the existing penal code of Iran and Afghanistan. Therefore, this paper is trying to identify old and recent cases of illegal sexual relationships other than adultery and, considering the legal and jurisprudential principles of crime, express their statutory punishments in a comparative way from the views of Islamic jurisprudents and law of Iran and Afghanistan.

Nowadays, in judicial proceedings, attention to the evidence of litigation plays a key role in resolving issues and judicial cases.But this depends on the correct understanding of the terms and conditions. differences in the views of the courts in interpreting the implementation of some form of rules sometimes leads to a defect of the claimant's right who does not have objective evidence, such as testimony of witnesses or documents. Occasionally, for reasons related to the reasoning, the claimant only mentions his own oath or not even a reason as an oath in the relevant parts of the reasons, and only in the part of describing the petition to declare his reason as an oath. In some cases, basically, not in the column of evidence, nor in the descriptive statement, there is no reason to cite. This documentary inquiry seeks to answer the question of how courts should deal with cases in order to prevent a claimant's violation?Each of these forms has its own rules. But in a nutshell it can be said that the important issue under Article 51 (6) of the Code of Civil Procedure,is the reason, whether in the relevant column or in any part of the petition. In addition, the oath may only be invoked if no other reason has been invoked or the judge does not proceed in accordance with article 199  of the code of civil Procedure to study it. Today, in judicial proceedings, attention to the evidence of litigation plays a key role in resolving issues and judicial cases.But this depends on the correct understanding of the rules and regulations. differences in the views of the courts in interpreting the implementation of some form of rules sometimes leads to a defect of the claimant's right who does not have objective evidence, such as testimony of witnesses or documents. Sometimes, for reasons related to the reasoning, the claimant only mentions his own oath or not even a reason as an oath in the relevant parts of the reasons, and only in the part describing the petition to declare his reason as an oath. In some cases, basically, not in the column of evidence, nor in the descriptive statement, there is no reason to cite. This documentary inquiry seeks to answer the question of how courts should deal with cases in order to prevent a claimant's violation?Each of these forms has its own rules. But in a nutshell it can be said that the important issue under Article 51 (6) of the Code of Civil Procedure,is the reason, whether in the relevant column or in any part of the petition. In addition, the oath may only be invoked if no other reason has been invoked or the judge does not proceed in accordance with article 199 of the code of civil Procedure to study it.

The majority of jurists regard "the  rule of avoidance of punishment (darā’)" as being applicable to the dubieties concerning the object, while the rule is absolute and can include the dubieties concerning the precept as well. The dubiety in criminal law is sometimes in the legal element, and sometimes in the spiritual element, and sometimes in the material element, the inclusion of the rule in these cases is also accepted. Another dubiety is raised in jurisprudence, and it is a dubiety in repentance that, if there is a dubiety about repentance, the punishment will be removed. It seems that the dubiety in the implementation stage has been effective and causes the execution of the sentence to be stopped; that is, in the absence of a process of social justice, the execution of the judgment of the place is uncertain; therefore, along with the dubieties of the object and the precept, dubieties of error and reluctance, those of the judge and the accused, and those of repentance and execution of the sentence – which are new considerations in the rule of repelling - should be taken into consideration.

The promise to sell the human body organs is a legal practice in which, a person, during his lifetime, promises to sell his body organs and receives a payment in accordance with the terms and conditions agreed upon. This paper, through attributive method, seeks to answer this question that “what is the decree of promising to sell the human body organs in the viewpoints of Shiite and Sunnite jurisprudents, and which solutions the advocates of prescribing this action should provide to the challenges ahead?” To answer this question, this paper examines the concept, context, and foundations of human ownership of organs and the promise to sell the human body organs, and then examines the opinions of jurisprudents to solve the objections raised by the opposition. Regarding the possibility of such transactions, some jurists have challenged the possibility of carrying out such obligatory acts such as organ transplantation, harassment, mutilation, and ultimately rejected such deals. In this paper, the opinions of Sunni jurisprudents have been accepted and solutions from the Sunni jurisprudents have been expressed to reject these challenges. As a general rule, promise to sell human body organs is permissible according to majority of jurisprudents of the Islamic denominations, but due to cases such as human dignity and the possibility of harmful injury, it is not possible to forcibly commit to fulfill the obligation in the event of violation of the provisions of the contract and it must inevitably be ordered to disengage Contract based on commitment.

The age of the growth and criminal responsibility of children and adolescents is one of the important and challenging issues in Iran and other countries' criminal law, which has been criticized and protest by lawyers and is a matter of dispute between Islamic jurisprudents. This age, often referred to as puberty, varies from country to country. In Iranian penal codes, this age is influenced by Imamieh jurisprudence; according to most Shiite jurisprudents, this age is for girls nine and for lonely fifteen years, but in Article 91 Alongside growth, the courage of intellectuals under the age of 18 has been voiced in civilian civic debate among adolescents, which has marked a dramatic development in juvenile criminal responsibility, which in terms of recognition of the growth and perfection of criminals under the age of 18 years of jurisprudence has it. Therefore, the present research first explains the concept of growth and its similar concepts, namely, perfection and distinction, and it is proved that in the legal and juridical terms, growth is not exclusively devoted to a specific civil concept and can be generalized to non-financial issues, including criminal matters Also because criminal matters are far more important than finance, and the condition is first and foremost, or at least the unity of the criterion and place of spatial planning, in terms of criminal responsibility. For this claim, the precedence of precedence in the growth problem is cited and then explained to the term "perfection", and by comparative study of the subject of age, development, perfection and criminal responsibility from the point of view of jurisprudence, rights and critique of existing laws, suggestions The age of criminal responsibility for children is proportionate to their rational development and their differentiation, and it is therefore necessary to review the age of criminal responsibility of adolescents and adopt a single procedure.

Development of the registration system is considered as one of the necessities of the development of other systems in each country. Estate registration formalities will increase the security of trade and the development of the economic system. In order to do such a ceremony, the first step is to identify the property to be registered in the legal system. In Iranian law, public property is not allowed to be owned and in English law, in addition to the public property, the property belonging to the Queen is also not capable of being registered. Estate registration in addition to cause the security of exchange can reduce the claims related to estates in the courtroom and has some effects Such as tax breaks in cases of natural transference, identification of the individual's legal ownership, entry into force, the inability of the arbitrator to conflict with the provisions of the document and the impossibility of eliminating the validity of the document, but with the court's ruling. The registration of property and the official identification of the ownership of a person on his property is also considered one of the infrastructure for the establishment of smart contracts in the legal system. Smart contracts are the most advanced type of electronic contracts, where the contractor replaces the state-identified property or the digital cryptocurrencies. In common law, the allocation of digital signatures to individuals is subject to the identification of his identity and assets. Therefore, property registration in the allocation of digital signatures to individuals is also used as a license to conclude these contracts.

The time and place mean the requirements of time and place and issues, developments, circumstances, and conditions that take place in time and place. This meaning has been emphasized in hadiths as well. Time and space play a decisive role in the enforcement of hadd, so in the event of an interference of the expediency of the enforcement of hadd with a more meaningful expediency, hadd may be suspended temporarily or be enforced in a different way.
Reviewing of hadiths as one of the sources of inference of judgments is important in this discussion. For example, delaying the execution of hadd for a pregnant or sick convict, the perpetrator’s taking refuge in a holy shrine, warming and cooling of the air, woman being in menstrual period, and non-enforcement of hadd in such cases as the enemy's land, hadd in case of the people of the book, the urgency, amnesty of criminals in war times, amnesty of unmarried women, hadd in famine year, and change in the quality of execution of hadd for a diseased person, the case where it is expedient to expedite enforcement of hadd. In this paper, the role of time and place and discussion of expediency in hadd punishments is considered in terms of delaying, stopping and changing the quality of the execution according to the hadiths and opinions of the jurists, and it is concluded that it is necessary to consider in case of hadd the expedience and to observe the requirements of time, place and persons.

In Imamyya jurisprudence, Muharaba (fighting; hostility) refers to the use of weapons for scaring people. In Sunni jurisprudence, some define Muharaba as banditry and the creation of insecurity on roads and some others define it as the creation of insecurity, fear, corruption and murder on earth by weapons, including chemical ones. In Quranic verses on Muharaba as well as in textual arguments by Sunni jurisprudents, there is no statement that makes Muharaba conditional on the use of weapons. There are also references in Islamic Hadiths narrated by Imams that refute the dependence of Muharaba on the use of weapons. Apparently, the main condition for the realization of Muharaba is the presence of force, violence and disturbing the public security. However, there are references to the use of weapons in some arguments, and it is justified as a dominant and obvious instance of Muharaba insofar as it involves violence.

“Expediency” is a widely used and familiar term in jurisprudence and its principles. From the perspective of Islam, it is referred to as any action that leads to material and spiritual benefit for individuals and the society. From the perspective of jurists of Islamic schools, “expediency” is essential to the legislation of Islamic rules and regulations – although there is no agreement on the extent of this role. The dominant view, the perspective of most jurists, on divine rules is that they include variable and fixed ones. In this perspective, divine regulations – especially prescribed corporeal punishments – do not change under any circumstances and are binding at any time and any place. Contrary to this perspective, some other jurists consider that expediency conditions are effective in Islamic rules. The latter believe that regulations are established on the basis of good and evil and the purpose of enforcing regulations is to achieve expediency. In general, expediency in the jurisprudence of Islamic sects can be taken in this sense in relation to the implementation of punishment, especially prescribed corporeal punishments, in addition to legislation. In other words, in cases of conflict between the grounds of religious orders and the potential impact of circumstances against the actualization of orders, the ruler can resort to secondary rules and expediency in order to suspend certain prescribed corporeal punishments and replace some of them with some alternatives. Therefore, it is necessary to consider expediency conditions in relation to corporeal punishment and the quality of its implementation with regard to the requirements of time, place and persons of punishment and in compliance with religious narratives and the opinions of jurists. Moreover, in case of doubting the existence of expediency conditions, prescribed corporeal punishment would be subject to suspension.

People while they are asleep would commit a crime. It is obvious that in these cases the volition of that person is disordered and the person could not control his/her behaviors. Therefore the penal responsibility of him/her must negate. This non- responsibility in punishments of Hodud, Ta’zirat and Qesas is obvious, but in paying blood – money there are four viewpoints: first, paying the blood – money undertake by Na’em (the person who was asleep and committed a crime), second, parents (in charg of the family) of Na’em must pay the blood – money, third there is no proof for paying blood – money, forth if the person knows that while s/he is sleep moves and might commit a crime then s/he is responsible for his/her crime, this is means that s/he must pay the blood – money from his/her property and if s/he does not know his/her habits the person is not responsible and s/he not culpable. It seems that the forth view which the Islamic punishment law also authorize it, is much better. In the case of especial order of nursemaid that with his/her rolling cause to death of a child there are three viewpoints: the blood-money must pay by parents, the nursemaid must pay it, or if the nursemaid feeding the baby because of her poverty then the blood-money would pay by child’s parents and if she is wealthy she must pay the money from her property.