جستجوی مقالات مرتبط با کلیدواژه « فقه و حقوق ایران » در نشریات گروه « علوم انسانی »

Mu’atati marriage is one of the challenging and important issues in family jurisprudence. Some jurists, accepting the point that words are not relevant in the fulfillment of demand and acceptance, have claimed the validity of the marriage of mu’atati, but most jurists believe that such a marriage contract (Aqd) is not valid, which was stated by Imam Khomeini. It seems that despite the verses and hadiths, the consensus and the sirah (lifestyle) of Muslims, the view of most jurists is more valid. From the point of view of Imam Khomeini, the requirement of the principle of Mu’atat in every marriage and Iqaa (Those pronouncements which do not require participation of two parties) is that its composition should be turned into the deed. Because the deed, like the word, is a means of valid creation and iqaa. As a result, in this article, the jurisprudential explanation of marriage without a verbal contract (mu’atati) was dealt with from the point of view of Imam Khomeini. For this purpose, the validity of mu’atati marriage has been analyzed by descriptive analytical method and in line with the investigation of this issue, taking into account the views of Imam Khomeini and other jurists.

The issue of financial seizure of Private limited companies is one of the important issues that in this article will be addressed.

Thise article is Analytical descriptive and the library method uses.

Ethical considerations: 

In this article, Originality of texts, honesty and trusteeship Has been complied with.

The competence and authority of the managers of Private limited companies, in accordance with the law and the articles of association of the company ,are determined. The authorization of directors to factors such as the subject matter and articles of association of the company, the authorization of general assemblies and commercial laws and regulations are limited. What is assigned to the directors is a trust and the directors are obliged to use this position only for the benefit of the shareholders in such a way that the interests of the company are provided in the best possible way. The limitation of directors in matters falling within the special competence of general assemblies, the invalidity of the legal actions of directors outside the subject of the company, the prohibition of obtaining facilities from the company and the prohibition of their competitive transactions with the company in order to prevent financial seizures of the company.

Illegal seizure of company property by the directors of Private limited companies is a violation of the limits of authority and duties and, as the case may be, has civil and criminal liability such as betrayal of trust.

The diversity of criminal responses is part of the meaningful and wise diversity of criminal policy in Islam. Among the manifestations and symbols of this penal legislative wisdom is the legislation of fixed and certain punishments (limits) and indefinite and flexible punishments (tazirat). The correct interpretation of the Shari'i arguments and in accordance with the goals of the Islamic religion and the philosophy of punishments in the Islamic criminal policy requires that the limits and punishments are two types of criminal responses to two categories of crimes, one definite and definite, which is applied to serious and unforgivable crimes. and the other is indeterminate and indeterminate, the limits of which are determined and the amount depends on the discretion of the judge. However, the existence of strong differences of jurisprudential opinions regarding the aspects of different punishments, especially punishments, shows the ignorance of the true nature of punishment in Iranian jurisprudence and law. This lack of jurisprudence has caused the positive results expected from this variety of penal instruments to be obtained in the legislative and judicial criminal policy in the Islamic Republic of Iran, and there are differences in these two criminal responses. In this regard, the author explains the place of punishment in Iranian jurisprudence and criminal law by using descriptive and analytical method.

The vastness of cyberspace has taken up all aspects of human life, in a way that keeping aloof from this space is inconceivable for some people. Despite the undeniable benefits of cyberspace, unfortunately, since its advent, the misuse of this space has created many potential and actual risks. This research has been done by descriptive and analytical method, based on the available library resources, and its jurisprudential principles have been expressed by going through the releval sources and its nature and legal conditions are examined. The result of this research shows that assistance in cybercrime is one of the examples of involving in a sin or wrongdoing. So, its forbidness is proved by citing Quranic evidence, validity and the independent rule of reason on the ugliness of helping sin. Also, the introduction of religiously prohibited and the rule of harmlessness have been studied as other jurisprudential principles. Examples of the acompalice’s behavior in cyberspace, if a combination of legal, material and spiritual elements, is criminally liable. Of course, assisting in cybercrime is sometimes independent of the main act; such as pornography, in which the legislature, while emphasizing the importance of maintaining public decency and protecting the privacy of society in two articles of Penal Code, has considered pornography as an independent crime and is sometimes subject to the main act, such as crimes against privacy, accuracy and integrity of data and systems, computers and telecommunications, etc., which can be punished according to the conditions set forth in Article 127 of the Islamic Penal Code.

Children have an important role in organizing and directing the community and defining its  goals, and a positive intuition to them depends on their full enjoyment of their childhood rights. Therefore, it is essential .for the community to have familiarity with the judicial and legal rights of the child and act based on these rights This study, in problem-solving style, with a descriptive-analytical approach and library research method, states that: there are some widely discussed and debated issues in Islamic jurisprudence and law that regards the criminal protection for children's spiritual rights. Matters like abusing children for beggary, drug issues, sexual abuse including adultery, sodomy, marriage, defamation, and issues related to crimes against the child's identity, including kidnapping and abandoning the child. Although in case of some new matters such as the refusal to declare the birth of a child, children trafficking, the forced labor of the child, there are not judicial logical debates but in judicial system of Iran, a practical guarantee has been applied

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.