mohammad ali heidari

Mental or psychological security means preserving an individual’s life, property, honor, social, and family status from risks, threats, and external factors. Any threat to psychological security of society is considered a threat to the health of society leading to disintegration, disruption, and hindering its progress. The crucial question is “what responsibilities does the Islamic government have towards ensuring the psychological security of citizens?”
In this paper written with a descriptive-analytical approach, various aspects of mental security are examined through the analysis of certain Qur’anic verses, narrations (traditions), and jurisprudential documents. The procedures and the context for ensuring mental security of broad interest to the Wise Divine Legislator are also mentioned. The paper also highlights the management and planning of different affairs, the preservation of the security of the government structure, the establishment of security for institutions, values, norms, culture, beliefs, and ideologies prevailing in the government system and society, and safeguarding them against any form of threat or encroachment as part of the responsibilities of the Islamic government in ensuring and maintaining the mental security of the society.

The purpose of this article is to explain the policies and criteria that the religion of Islam and the jurisprudence of the Qur'an in the way of transmitting content in the mass media is seen as mandatory propositions and considers them a necessity of religious communication in the mass media. The Qur'an is quoted in the media and is briefly as follows: A. The free flow of information is not prohibited, except in cases where an explicit prohibition has been received from the Holy Shari'a or an expedient reason arises from a secondary ruling prohibiting freedom of information and the obligation to censor. B- Justice in information means equality between people in receiving information and prohibition of discrimination in providing information service to the audience of news media are other specific policies in the view of the Shari'a. C- Activation of the information system is another policy that has a positive dimension and a current aspect. According to this policy, the information system should not be indifferent to what is happening in society and should deal with unhealthy news flows and put service to the goals of the Islamic system on its agenda.

Hajj has many political, economic, social and cultural effects and consequences. In this regard, the aim of the current research is to examine the economic dimensions of Hajj security from the perspective of the Qur'an, hadiths and religious jurisprudence.

In this research, according to the content of the discussion, the descriptive-analytical method and reference to library sources, including jurisprudence books and articles, have been chosen. The opinions and views of Shia and Sunni jurists are the focus of the analysis of the present discussion.

Ethical considerations:

 Accurate reference to sources, use of authentic jurisprudential texts and first hand is the ethical guide of this research.

Establishing security in the spiritual journey of Hajj is an effort for economic unity for Muslim countries, benefiting from its economic benefits, providing an ethical-economic model for Muslim societies and feeding the poor and needy in these days.

Hajj security can be an attempt to organize the religion and world of pilgrims, Islamic societies and all factors of Hajj. The huge human congress can show the Islamic countries as a political-economic bloc of common interests and each of the Hajj rituals is a manifestation of the connection between the spirituality and the economic power of Muslims.

Lack of specific definition for mental emotion and disorder in Feqh, inconsistency of the term “periodic insanity” and the definition of insanity in psychology have made it vague to determine responsibility boarders of behavior. Therefore it is important to review the genesis factors of mental thrill and disorder. Emotion is a state which is caused by outer factors of a person in order to reflect danger or show feelings. On the other hand, mental disorder is caused by inner factors and malfunction of brain. The main question of this article is the relationship between criminal and civil responsibility and mental disorder and emotion. To answer this question it is assumed that the case study person has no criminal responsibility, because he/she has no ability to recognize between good or bad. Also due to the lack of validity of these people’s contracts, there would be no contractual responsibility for them and only non-contractual responsibility is fixed for them. Because of the proper function of brain, for the emotional person-just for the emotion to reflect danger-there is no criminal responsibility. In other cases, there will be a solution for criminal and civil responsibilities.

One of the social beliefs in the field of family is that customs and ethics should be governed in marital relationships, and a Sharia and legal logic cannot and should not be involved in this matter. In this regard, some people don't agree with Sharia and legal requirements in marital relationships and believe that the Holy Quran confirms that by ordering to follow customs. This analytical-documentary research was conducted with the aim of reviewing and analyzing the conflict between the rule of the necessity of behaving reasonably and jurisprudential-legal requirements in marital relationships; thus, all written jurisprudential sources in the field of marital relationships within family were analyzed. The results demonstrated that the rule of the necessity of behaving reasonably should be taken into account in both extracting the jurisprudential rulings of couples' relationships and legislative system. Moreover, jurisprudential and legal requirements are not only in conflict with the rule of the necessity of behaving reasonably, but they are one of the executive guarantees of the rule of the necessity of behaving reasonably.

Iranian legislator has provided the death penalty for four groups of criminals by enacting Article 45 of the Addendum to the Anti-Narcotics Law. Since the approval of this law, scholars and jurists have criticized this way of criminalizing and determining the heavy death penalty, but less attention has been paid to the analyzes and criticisms from the viewpoint of jurisprudence of Islamic schools of thought. Therefore, it is necessary to investigate, analyze and criticize the jurisprudential foundations of Article 45 of the Addendum to the Anti-Narcotics Law with an emphasis on comparative jurisprudence. Based on this, the findings of the current research are that the jurisprudential evidences and foundations do not support the exclusive determination of the death penalty stipulated in Article 45, but the examination and analysis of the jurisprudential foundations and evidences yield other results. The method of this research is descriptive-analytical using library resources.

Alimony for pregnant women and fetuses is one of the important topics that an attempt was made to analyze it in the light of variable verdicts and to examine its criminal sanction. The current paper is descriptive and analytical and has been explored using the library method. The findings of the present paper indicate that alimony of the wife and fetus is the responsibility of the man, but if the woman leaves her husband's house due to her refusal to fulfill her marital duties, her alimony will be reduced, and the fact that the woman is pregnant has no effect on the reduction of her alimony. But the child's father is responsible for maintaining and alimony of the fetus. Regarding the alimony of a pregnant woman, according to the opinion of most jurists and civil law, if a woman is in a retrograde divorce, she is entitled to alimony and during the period of idah, but a divorced woman is entitled to alimony only if she is pregnant. But regarding the alimony of a pregnant woman of dead husband, the woman is not entitled to alimony. The alimony is one of the subjects that are affected by variable sentences due to the consideration of the time requirements and conditions of the wife and the examples of alimony, which are subject to the custom and social conditions of the wife. Husband refusal to pay alimony to wife is punishable by imprisonment penalty.

In all human societies, according to the prevailing legal system, criminal or non-criminal measures are proposed as ways to deal with sexual crimes. In Islamic criminal law, unlike the legal systems in Western countries, sexual assault in the context of marital relations between couples, even if it is done without consent, is not considered an example of sexual assault, and the Islamic legislator has not considered such acts as a crime in a marriage. This is the case that in the West, intimacy with the spouse without consent and other examples of sexual violence with a milder degree are predicted and criminalized, and if the sexual act is performed despite the spouse's lack of consent, it is considered sexual assault in marital relations. Employing a descriptive-analytical method, the present study seeks to answer the problem of how the criminal policy of Islam and the West deal with the phenomenon of sexual assault, which is due to the lack of independent research in the study of this issue in a comparative manner. The results indicate that in both the Islamic and Western systems, significant measures have been adopted in relation to criminal prevention, howerver, in the criminal policy of Islam, in the field of non-criminal prevention, both in terms of social prevention measures and the situation regarding the establishment of rules such as the prohibitions on the secluded intimacy of non-mahram men and women and adornment, along with the encouragement to marriage and the prohibition of celibacy and strictness in marriage, maintaining the necessary distance between men and women in public, facilitating the areas of community participation in criminal response in the field of dealing with sexual assault, such as banning perverts or murdering a stranger in bed, or the mandatory sentence in defense of one's honor, in addition to the special rules regarding criminal prevention, such as the difficulty of proof, the prohibition of the spread of prostitution, and the public execution of the punishment for the purpose of setting an example, are among the measures that shows the superiority of the criminal system of Islam over the West.

The financial rights of the couple are affected by the customs and conditions in which the couple lives. Accordingly, the purpose of this study is to examine the position of custom in determining the financial rights of couples from the perspective of Imami jurisprudence.

To investigate the present issue, a descriptive and analytical method was used, relying on Islamic jurisprudential and legal documents and sources.

Building a life together based on love, cooperation and self-sacrifice. In order to achieve these original and fundamental criteria, we need to consider the changes and changes in law, duties, and consequently the legal system in Islamic society, which is called custom.

The present study has been made possible by considering ethical considerations such as accuracy in sources and scientific references.

Establishing custom means the importance of regulating rights and duties in the family system, paying attention to temporal and spatial conditions, not going beyond the universal standards of Islamic law, and prioritizing the sanctity of the family system and the couple's life over minor matters.

The unity of existence means the circulation of the absolute existence of God in every bit of the universe. That is, the essence of existence is one, the example of which is God Almighty, and the universe is the manifestation of God. That is, the universe is a shadow of the Divine Essence. Therefore, the author with the question that the main subject of theoretical mysticism, i.e., the unity of existence in Holy Qur'an and in the words of its commentators has been raised? Follows up the issue by collecting information in a library and in a descriptive – analytical manner and by examining a number of verses of Holy Quran and the words of Innocent Imams, assuming that the issue of unity exists in many verses of Holy Quran and also the divine saints are seen in many cases of speeches, seeking to prove that the most important subject of theoretical mysticism, namely the unity  of existence, is found in many Verses of Holy Qur'an and numerous words of the Great people and intellectuals.

In the present day, the media is one of the most important and influential means of social communication from the viewpoint of Shi'a religious jurisprudence. On the other hand, one of the sciences that can set norms for the media considering its universality is the science of “Religious jurisprudence”. Among the religious jurisprudential propositions, the “expedience” rule can have the most impact on setting the norm for the media. Accordingly, the main question of this research is, “what is the status and use of the expedience institute in the media?” The research hypothesis is that expedience is the most important rule governing the media and its activities, which used the documentary method to investigate this hypothesis. The findings of this research are that the element of expedience in the media determines the propagation of news and information. It was also found that maintaining the country's livelihood and political system, justice and security are among the most important incentives, which are the most important materials that should govern media activities in order not to harm one of them. Therefore, this article is organized to explain the concept of religious jurisprudential expedience in the media and to study the motivations and introduce the expedience determining reference in the media.

Warlord and corruption on earth are among the security crimes in the Islamic Penal Code adopted in 1392, which are separated from each other and each has its own instances. But what is important in the meantime is that some perpetrators of these crimes are not psychologically and medically able to bear the punishment, so it remains to be seen whether, given the importance and severity of these two crimes, mental, psychological and medical disabilities can to be considered as just agents of punishment? This fundamental question provides the basis for independent research. Well-known jurists do not consider Muscat as a punishment for some mental illnesses such as insanity. However, the well-known arguments in this regard seem to be insufficient and are in conflict with some other arguments. Despite the innovation, the Islamic Penal Code and the Code of Criminal Procedure also have shortcomings. Therefore, the research hypothesis is that psychological problems, including insanity, which are confirmed by specialized doctors, can be the cause of the fall or conversion of the perpetrators of warlords and corruption on earth. The research method is descriptive-analytical using library resources.

The present study tries to explain the content, scope, rules and medical applications of the rule of necessity in order to solve some of the current jurisprudential problems by examining emerging examples of the rule in medical issues.

This research has been done by the method of library studies and in a descriptive-analytical method, which has been obtained and analyzed by referring to Quranic, narrative and scientific texts.

The rule of necessity (the necessities of explaining the necessities) is one of the doctrinal rules of the texts, among which the Quranic documents include verses 173 of Surah Al-Baqarah and 145 of Surah Al-An’am. This rule has a great impact capacity in various fields of jurisprudence and law and plays a key role in solving many emerging problems and issues, but in Islamic jurisprudence has been less studied in detail.

Nowadays, the existence of personal necessities in various areas of life, especially medical issues, requires the rule of "necessity" to be further studied in order to explain the limits and criteria of its implementation and jurisprudential scholars can use this rule well when studying issues.

There is a debate among the jurists as to whether the judge's knowledge of the event can have an external effect on his verdict, in the sense that even if he is aware of the event between the two parties in any way, what is valid for him to rule based on it, is only the hints appointed by the Sharia which are evidence and confession, or the knowledge of a judge without specific hints has the authority to issue a rule. The result of this debate on the validity of ijtihad or the adequacy may show itself and be useful in terms of its single criteria. Since examination of the hints (evidence and confession) is a completely specialized matter in the field of expertise of a mujtahid, then assuming that indication and evidence are relevant in proving a claim and verdict, then ijtihad is necessary for judgment, and if we can prove evidence and confession are only a way to the truth then the truth is revealed to the judge and the judge can issue a verdict, so ijtihad is not necessary.

Infertility is one of the phenomena that has been raised as a major problem for some families. However, medical science has taken measures to solve this problem, which is necessary for the legitimacy of these practices, considering the public following the Islamic rules. The jurists have expressed various opinions in this regard, but in the meantime, what has not been discussed is the position and influence of the purposes of the Sharichr('39')a and the verses expressing the purposes in the legitimacy of medical fertility. Accordingly, the main question of the research is "What effect do the purposes of Sharia have on the legitimacy of medical fertility?" The purpose of this study is to analyze the position of Sharia intentions in the legitimacy of medical fertility.

This research has been carried out by the method of library studies and in a descriptive-analytical manner, which has been obtained and analyzed by referring to Quranic, narrative and scientific texts.

The results show that verses such as "I created you to fast Yath I Zvaja Nfskm Ltsknva Lyha Vjl Bynkm love mercy ..." (I: 21) and other evidence suggest great religious purposes, itchr('39')s important to say that Preservation of the family unit and cohesion and love between couples have been the main purposes of marriage legislation in the view of the holy sharichr('39')a, so actions and behaviors such as medical fertility that are in line with this purpose of the law have legitimacy.

Based on what we have brought so far, a child born through artificial insemination is pure in all the above cases, and its owners are the first two, namely the sperm and the first, his parents, and he has all the rights and It is the duties that every other child has, whether one of the two owners of those first components or both are known and definite or unknown and indefinite.

Mass media have individual functions such as identification, information, social interaction and entertainment, in addition to which; It includes social and main functions. These functions include cohesion, solidarity, continuity, entertainment and social mobilization. In the Iranian system, the media should try to operate within the framework of social norms, moral principles and jurisprudential principles. Among the mass media activities are related to media advertising. Media advertising, with the use of new and diverse media that have been created in line with the advancement of technology, in order to influence the social life and even the culture of people, is an undeniable reality that goes beyond even a simple advertisement or linking and introducing the seller. It is to the buyer and vice versa, but it has profound and even fundamental effects in the social, political, economic and cultural fields and is considered as one of the main financial sources in the media. The media is covered from the perspective of Iranian jurisprudence and law.

The seal is the exclusive right of women in Islamic law. Thereason for legislating this right can be considered as supportingwomen and distinguishing their position in the Islamic way oflife. However, with the passage of the Family Protection Law,the Iranian legal system has sought to facilitate women'slitigation in family litigation; However, the courts' perceptionof the seal claim as documented in an official document as aceremonial claim and the woman's obligation to pursue theseal through the pre-litigation registry has challenged the sealclaim. On the one hand, the right to sue is restricted forwomen, and on the other hand, the lack of official registrationof many of the couple's property will prevent the property fromrecognizing his property to be sealed by the registry office, andthis is a good ground for transferring or hiding property.Provides couples to others until litigation.

The purpose of this study is to Analysis of the legal jurisprudential rulings on the insolvency payment of dowry(With emphasis on judicial procedure).

In Iranian law, the acceptance of a couple's imprisonment prevents them from being imprisoned. Previously, the judicial procedure was to reject the claims of usury or to determine the installments and the inappropriate deadline for the observance of women's livelihood. With the advent of the policy of deprivation of liberty, dual jurisprudence led to the unconditional acceptance of these claims, and as a result, it became impossible to enforce the dowry.

In this research, while expressing the concepts, with the focus on litigation, different dimensions of usury lawsuits have been investigated. In the first part, it is pointed out that in terms of not increasing the couple's assets due to the obligation to pay the dowry and the court's ignorance of his financial background, the procedure is to accept the couple's debts. In determining the installments or granting a deadline for the payment of dowry, according to the view of the Imami jurists, the court can install the dowry or grant a suitable deadline until the full payment in terms of the couple's potential, and should not be satisfied with actual cases. Failure to pay attention to this criterion usually leads to not determining the appropriate installments or deadline for paying the debt.

Since the obligations of the treasury are limited in Imami jurisprudence and Iranian law; In these cases, the dowry cannot be revoked from that place

This research is designed to provide a new look at the analogy (Qias) and its application in Islamic law. An overview of empirical foundations suggests that most previous studies have emphasized the widespread disagreement between Shia and Sunni jurisprudents. It is often believed that there is no analogy between Shia and Sunni in the theoretical application of analogy. However, contrary to common beliefs, there is a broad resemblance to the use of analogy between jurisprudents of Imamiyyah and Sunni scholars. The jurisprudents of Imamiyyah, like the Sunni jurisprudents, use the analogy in many cases; but they use it with other titles, such as Tanqih-e Manat, etc. Thus, Shiites do not oppose the use of analogy in jurisprudential affairs; they do not accept the use of analogy in all affairs; whereas the Sunni jurisprudents do not have any reason to question analogy whenever there is no reason for a ruling in the Quran or narratives. They are convinced to use analogy because of the perception of the causes of Sharia Laws in issues related to everyday life of human, and also because of the inability to access to the true causes of all religious laws. In contrast, Shiites are skeptical about the use of analogy in all affairs, but practically, they use analogy in many cases and only in limited cases, they try to infer the laws with other means.

The method of anesthesia affects intraocular pressure (IOP), especially general anesthesia which is sometimes administered with endotracheal tube (ETT) insertion. The aim of this research was to compare the effect of laryngeal mask airway (LMA) and ETT on intraocular pressure in cataract surgery.

In a single blind randomized clinical trial, 61 patients were divided into two groups: ETT group (n=36) and LMA group (n=25). Induction of anesthesia was with midazolam, fentanyl, lidocaine, propofol, and atracurium in both groups. IOP was measured by Schiotz tonometer 5 minutes before and after induction of anesthesia in both groups.

IOP was found to decrease in both groups, but the decrease was significantly higher in LMA group (P<0.05). Heart rate did not show any significant changes in the two groups (P>0.05) Blood pressure decreased in both LMA and ETT groups but was not different between the two groups. 

According to current study, IOP decreased after induction of general anesthesia and the decrease was higher in LMA group. Therefore, LMA can be used as an alternative in general surgery to reduce IOP.

The interpretation of religious texts and the rules governing it have always been and are the important topics of linguistic knowledge, including the principles ofIslamic jurisprudence. Ertekaz in common law is one of the principles governing the interpretation of religious texts that plays an important and influential role in the process of deduction. Ertekaz is the initial perception of people about one thing that has penetrated the depths of their minds and thoughts, therefore; in the system of dialogue, it is considered by the parties. The main questions in this study are whether Ertekaz has a role in deducing legal- jurisprudence law or not, and whether the mujtahid necessarily pays attention to Ertekaz in common law or not. The hypothesis of this research is in view of the fact that the saint legislator speaks to the people as a law maker to guide them and also he considers their perceptions (Ertekazat) and if he does not accept that, he explicitly proclaims to prevent them from being deviated. The great jurists have repeatedly relied on this rule in the interpretation of religious texts, and they have deduced the religious judgment from this point of view. The researchers in this study tried to revive the magnificent capacities of Ertekaz through presenting its comprehensive definition and explaining its aspects. The findings of this study showed that the law of Ertekaz had effects on interpreting the religious texts, providing some law, and preventing long discussions on the principles ofIslamic jurisprudence.

The issue of the disbelief (Kufr) of the Shia's opposition (Mukhaalif) has been raised in many Shiite traditions, based on which, some Imami scholars considered the mukhaalif to be disbeliever (kaafir) and out of the realm of Islam. In terms of the meaning of mukhaalif, Shiite narrations and the writings of Shi'ite scholars convey that mukhaalif includes all Muslims other than twelver Shiites. Though opposing (mukhaalafah) can be in various fields, such as believing in anthropomorphism (tajsim), materialization of Allah (tashbih), predestination (jabr) or delegation (tafwid), however, the most striking instance of opposing is the rejection of the Imamate and leadership of the twelve Imams. On the other hand, many traditions explicitly affirm that anyone who accepts the belief of the unity of God (tawhid) and the prophethood of Prophet Muhammad (s), is considered as a Muslim and all of the rulings of a Muslim are applicable to him/ her. The analysis of these two groups of traditions and referring to the other relevant traditions and the writings of Shiite scholars indicate that neither of Islam and kufr can be proved for the mukhaalif in an absolute manner, nevertheless, a separation between the various meanings of kufr and the different types of mukhaalif is necessary. What can be certainly proved is that kufr, in the sense of being out of the realm of Islam, is only applicable to the prejudiced mukhaalif, and the other two types of mukhaalif, being ignorant and denier, are considered Muslims. However, the inclusiveness of some traditions to all types of mukhaalif, and categorizing them as disbelievers is justified by the different levels and degrees of belief and disbelief.

Today, life in the world of information has faced serious challenges for human beings; Deconstructive access to information and lack of monitoring of individuals' competencies can lead to analysis errors; On the other hand, although awareness of news and information plays an important role in people's lives; But ignorance can also be psychologically safe in some cases; This is why the media use the news to direct public opinion; Of course, the effect of news on the power of choice and decision-making of the audience is not hidden.
In the meantime, jurisprudential rules have good efficiency and coordination with various conditions, and the field of news and information is no exception to this rule; Therefore, with a comprehensive look at the application of the rule of expediency in information, the news can be controlled by these rules from the time of collection to the time of announcement and can be legalized in accordance with the rules of jurisprudence and the purposes of Sharia; Accordingly, in this research, the jurisprudential and legal principles of expediency are stated, then, while pointing to the various aspects of expediency and its theoretical framework, as well as information and processes studied, at the end, some examples in the field of news and information are examined. Is located.

Among the factors that cause heresy are the denial of the necessities of religion and disrespecting them. What is meant by necessities of religion is those beliefs and instructions that are proved to all Muslims. In the present paper, while investigating the necessities of religion, the role of awareness in denying the necessities of religion by the denier is examined and it is concluded that the denier of the necessities of religion is considered as heretic when he/she is aware that what he/she denies is part of necessities of religion. Basically, the knowledge and awareness of the denier that what he/she denies is part of the necessities of religion is among the principal conditions of heresy. Then, the controversy among the Shi’ite jurists whether the denial of the necessities of religion is an independent cause of heresy or the denial of the necessities of religion and the prophthood of Prophet of Islam are the requirements of heresy is dealt with and after quoting and examining the jurists’ opinions and their reasons, the second opinion is accepted. In this regard, if the denial of the necessities of religion is due to an existence of doubt from the denier, this is not only the cause of heresy, but his/her doubt should be responded and he/she should be guided.