mohammadhadi tavakolpour

The method and type of cession of public land by the legislator has created illegal possession of the public wealth. It is required to investigate the existing condition and the causes of occurrence of these possessions in legislative criminal policy and formulate policies to reduce these abnormal behaviors. The present study is a descriptive-analytic design via the evaluation of the relevant rules and library studies and it examines the basics of the possession of public land and evaluation of the performance of the legislator in Iran. The studies show the lack of comprehensive, purposeful, effective policies by the legislator in this field. Based on the great power of the legislator in cession of public land and the confusion of the rules in this regard, general policies of the government in land field and its emphasis on the necessity of legislation in the framework of Spatial planning can reduce the illegal possessions of public land.

One of the conditions for Qisās, according to the majority of Imami and Sunni jurists, is the absence of a father-child relationship between the killer and the killed. This means that if a father commits the murder of his child, he will not be subject to Qisās. It is maintained that if the child born is the result of an illegitimate relationship between a Muslim man and a Muslim woman, the Shariah discredits the father-child relationship. Due to the lack of such relationship, it is then a bone of contention whether the adulterer who intentionally kills his illegitimate child shall be punished by Qisās. Recruiting a descriptive-analytical design, the researchers have examined Shariah texts as well as the expert opinions of the jurists and found that the adulterer can apparently be exempted from a Qisās even in the absence of the legitimate father-child relationship. It is due to the fact that the Shariah has not exclusively stipulated the legitimacy/illegitimacy condition of the child birth upon deciding on the Qisās issue. It is also more consistent with the principle of caution in Islam.