جستجوی مقالات مرتبط با کلیدواژه « government order » در نشریات گروه « فقه و حقوق »

According to the narrations, all the rules that are needed by mankind are stated in the Book of Sunnah. However, since the Islamic government includes fixed and variable rulings, and the limited and finite nature of detailed evidence and texts and the infinite nature of events and events, it is possible and even necessary to appeal to expediency, therefore, it is necessary to appeal to expediency and general principles and purposes. The Sharia community responded to the events of the day and new developments. Reflecting on the legal texts of our legal system clearly shows that taking into account the principle of expediency, putting collective expediency before the rights of individuals in the administrative system is one of the serious mechanisms of Islamic legislation in consolidating and organizing the relations between the people of the nation and government institutions based on Islamic limits and values. Article 40 of the Constitution is a special manifestation of the presence of the thought of collective expediency in the legislation of Iran's legal system. After explaining the principle of expediency as the supreme principle governing the Islamic legislative system, the following article aims to outline the position of this principle in the Islamic legislative system, and finally explain the centrality of this principle in the administrative system by emphasizing the primacy of collective expediency.

Islamic rulings and, accordingly, penal rulings are divided into three categories: divine, judicial, and governmental, according to the positions of the innocent when issuing judgments. Divine decrees are fixed and unchangeable decrees that the infallible have expressed while preaching the decree of God Subhuman, and judicial rulings are the rulings that the infallible issued a ruling when resolving enmity and conflict. Such a ruling was specific to this incident. The rulings of the government are the rulings issued by Masoom in the capacity of guardian and considering the interests of the Islamic society. Failure to pay attention to the separation between Shariah rulings from a divine, judicial or governmental point of view can cause a jurist or legislator to deviate in the path of ijtihad or legislation and make some narrations seem contradictory, while this problem will be solved by separating the narrations. The follow-up in the hadith of the penal chapters indicates that part of the hadith is in accordance with the rules of judicial and governmental rulings and is an example of judicial or governmental rulings.

The rule of prohibition of detriment has a wide application in jurisprudence. The purpose of this research is the feasibility of using the rule of prohibition of detriment in information activities. On the other hand, there are different interpretations of the hadith "no harm and no damage" that affect the application of the rule. Therefore, the need to examine the foundations of jurists in this field becomes clear, because according to some views, it removes the harmful ruling, and according to another view, it removes the effects of the harmful ruling. Some believe that a harm that cannot be compensated will be removed, and some have used the prohibition of harm. But in the meantime, Imam Khomeini (may Allah be pleased with him) considered the prophetic narration of harm as a sovereign prohibition and did not accept a rule called harm. After investigation and clarification that which view is closer to the appearance of evidence, the question of this research is how this rule can be used in information activities? Also, one of the other things that can be used in information activities is the connection of the discussed rule with the category of urgency and necessity. What is the relationship between these concepts and how is it used in the field of information and security? In this article, after expressing and analyzing the ideas related to the rule of prohibition of detriment, in addition to examining the possibility of using this rule in security activities, the connection of this discussion with the issue of necessity and the urgency and how to use it in information jobs will be investigated. This article is based on inferential and ijtihad method and based on the analysis of available sources, and we come to the conclusion that the rule of prohibition of detriment can be used in the issue of information and security as well which is closely related to necessity and urgency.

Expediency plays a fundamental role in the legislation of religious precepts and Religious edicts have been legalized considering expediencies and corruptions. As government orders are directed in providing social expediencies, they are of special status. Expediency has played a valuable role in actuality of the guardianship of Islamic jurist and they are in a close relationship. Various authorities entitled to the sharia ruler facilitated compatibility of Islam with emerging needs. Governing social affairs requires decisions not limited to secondary sharia rules, and the ruler issues orders and precepts different from the original ones of which expediency and corruption are found by the guardian of Islamic jurist who is also the ruler of society. The present research aimed at explaining the status of expediency in the theory of guardianship of Islamic jurist. Through analyzing the role of expediency in the theory of guardianship of Islamic jurist, the present work tried to review the basics and the main foundation of the issued rules by the guardian of Islamic jurist, and the tools for access to social expediencies.

Hoarding is one of the destructive economic crimes that endangers the health of the economic system of the society in critical and emergency situations and makes it difficult for the majority of the society to access one or more specific goods. The conditions for the occurrence of the crime of hoarding is that, firstly, the maintenance of the goods must be major, secondly, there must be an intention to harm the community or overselling, and thirdly, the competent authority must have requested supply. According to the author, the nature of hoarding is a governmental ruling, not a religious ruling, and its subject matter is determined according to the ruling discretion. In hoarding, the rule of dominance conflicts with the rule of no harm, which we prefer the rule of no harm to the rule of dominance. The crime of hoarding in some cases overlaps with the crime of corruption on earth, which can also be considered a corruptor on earth. This article seeks to resolve differences in the nature and subject matter and purposes of the hoarding crime and the pricing reference of hoarded goods and compare this economic crime with the crime of corruption on earth.

The phenomenon of money laundering has become one of the problems of the global economy in the present age. Therefore, countries and international forums seriously intend to deal with this phenomenon and its destructive effects and consequences. The Islamic Republic of Iran, like other countries, passed the Anti-Money Laundering Law in twelve articles to combat money laundering. In addition to the problems and destructive effects that this phenomenon has on the economies of countries, including the Islamic Republic of Iran, the existence of Article 1 of the Anti-Money Laundering Law has caused many problems, including the failure to open cases and vote. Accordingly, the present study, relying on traditional arguments of the rule of Amare Yad and government jurisprudence, examines its effect on the crime of money laundering and the rightness or wrongness of removing it from the law, and then concludes that the removal of Amare Yad on the crime of money laundering is against the rules and regulations of Sharia and law.

The positions of the Prophet and the infallible Imams can be divided into three dignities, divine orders prophecy, judgment, and supervisor. Paying attention to the position and dignity of the innocent in issuing a narrative contributes greatly to the correct understanding of the narrations.The question here is whether the observer narrations of the Diya guilds have been validated by the divine orders prophecy to the Prophet and the infallible Imams and as a result, in the present day, the killer have authority to pay every one of those guilds or basically determining the Diya guilds is governmental; therefore the Islamic ruler with regards the appropriates of society can order to pay a certain guild of these guilds? In this descriptive-analytical article, the nature of the order for the sixth guild of Diya is regarded as a government; therefore, for the payment of Diya, killer must only pay the Diya from the guilds designated by the ruler. On this basis, the Article 549 of the Islamic Penal Code, because of reduction of determining of blood money type to juridical practices it has been considered to be criticized and a replacement of Article 421-1 of the Islamic Penal Code has been proposed.

Hiring as one of the most important social areas in which the relationship between the tenants in the general sense with the hired in the general sense is defined below has always been a topic of interest to specialists in various sciences. One of the most important dimensions in this issue is the transfer of the right to hire from father to child, ie the replacement of a child instead of a father, for the employment of the employer and employment by the employer. In the event that applicants have the qualifications for having a job, profession and position exceeding the number of job vacancies, they have to choose between applicants. Now, in the situation where it is not possible to place a person on other persons who are qualified in one level, is it right that from the point of view of jurisprudence as a supporter of the expression of the verbs of human verbs, one can be right for a person whose father is engaged in a matter, Whether or not priority is given? In response to this question, two major facets can be imagined; First of all, this right can be left to the child in the form of a right or leave with regard to the salary, including the right of priority and therefore the child has priority in hiring. Secondly, this will result in the deprivation of other people from the occupation, and secondary titles, including injuries, are unfulfilled and the ruling will be changed. Or, in view of the interests that the ruler recognizes, in particular, in order not to accuse the Islamic system of inheritance and oppression, he can take such a right with a government order.