جستجوی مقالات مرتبط با کلیدواژه « damage » در نشریات گروه « فلسفه و کلام »

There are many cases in which the accused does not deserve to be detained and is detained without observing the legal terms and conditions or imprisoned due to a judicial error. In such cases, compensation for an innocent detainee is an important issue that needs to be addressed due to the violation of the fundamental rights of individuals. Therefore, the purpose of the present study is to investigate the approach of Islamic ethics against compensation of innocent prisoners and a comparative study of this issue in the Iranian and American legal systems.

In Islam, there is a rule called “no harm in the law of Islam" according to which no one has the right to harm another, and if he causes harm, he will be responsible for compensation. The no-harm rule also applies to the punishment of an innocent person, and the judiciary and the government must compensate the innocent person. In Iranian law, the mechanism of compensation for the days of detention is provided in Articles 255 to 261 of the Code of Criminal Procedure adopted in 2013. However, it is possible to compensate for the days of detention in two ways; one in case of acquittal and the other with a restraining order against the accused, which will be paid from the credit fund provided in Article 260 of that law. In American law, compensation for detention is the responsibility of the government, with the difference that in Iranian law, if the detention is due to a biased declaration of a crime, false testimony or fault of judicial authorities, the government can refer to the principal after compensation, but in US law The government has full responsibility for damages, and the presiding judge has no responsibility.

Civil liability from nuisance in property laws is one of the major areas in civil liability. People may cause nuisance or inflict harms to the latter through exercising their rights of occupation in properties. This subject matter is the area at which property rights and civil liability converge. On the one hand, the proprietor reserves an unlimited right of occupation in his/her property (Article 30 of the Civil Law). On the other hand, the right to property is restricted to this natural and legal right that the latter's property receives no damage (Article 132 of the Civil Law, and Principle 40 of the Islamic Code). The Civil Law does not have an explicit decree as to the civil liability of the proprietor and has not enumerated its provisions or elements either. Therefore, by comparative study of the subject, and via the analytical-descriptive method, it was concluded that the extra occupation of the reasonable would have the result of civil liability, if it would create nuisance in the property law and damage to the neighbor, whether it is intended or unintended for the proprietor. The absoluteness of the right, reasonableness of the act and satisfaction of needs shall not remove liability. However, the rule of "Prohibition of Detriment" governs the relations arising from vicinity and neighborhood, and the occupation by the occupier is customarily endurable by the vicinity law.

Nature and Environment in religious texts, the right all peaple in all time. Thus. In contract to human rights that Allah has placed in the Environment , he has also undertaken the task. That s it, protect and proper utilization of the Environment for god s purpose for man is the welfare and development of their own benefit. So, if the use of those facilities that are at his disposal, not indulgence, in contrast to the noble goal Resulting in a risk his own life and others and the evolution of happiness in this word and the next in line will stay open. First, given the nature and evolution of environment damage seems that traditional methods of applying general rules and compensation damage in the area of environmental law does n t work. Therefore, determination of specific environmental compensation system is necessary to approach new methods. Second spill of climate change and of the ozone layer, loss of biodiversity and numerous environmental problems that human life on the planet delimited. And quality of life have drastically reduced. The fact is undeniable that the international community is grappling with difficult. The purpose of this paper is to compensate for environmental damage in the Iranian legal system. this way our country has done little to environment rights.

Abstract Environment will change day by day which as we know are due to human interferences. Destruction of natural resources and decreasing national wealth in country is due to population increase that has created numerous difficulties for social life and imposed adverse impacts on the environment and its associated problems of limitation of primary resources, what is needed are guidelines on management that include of spreading the culture of environmental ethics. Therefore, techniques and methods of environmental sciences were developed. One of these popular methods is to combine environmental ethics and civil liability in order to compensate environmental damages. Meanwhile, it is considered as a new instrument for the environment, which acts to prevent damages and will prevent damages in the future as well. On the other hand, acceptance of civil liability in environmental ethics can aim at protection and development of the environment and present a new framework for solving the environmental crises. This research, describes the environmental ethics with together civil liability, Proposes a new process for protecting of environment.

There are some obstacles on the way of knowledge of which one can refer to sin. As is understood in Quranic verses and traditions, privation of knowledge, its destruction and conversion is due to the consequences of sins. Sin would lead to human heart conversion due to which virtue seems to be vice and vice to be virtue. There can be presented different explanations on this conversion. On the Quranic teachings, penetrating human feelings and affections, sin brings about changes in thoughts and, using perceptive faculty begins to devise one`s inner life and converse the truths. Insisting on sin would cause human reason to be replaced with imagination. In this way, fallacy happens and true knowledge turns to be nothing.