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

In many countries today, specific frameworks have been established to recognize physical injuries and provide compensation for bodily harm. These frameworks, in line with criminal policy objectives, aim to deter future harm and ensure compensation. This paper employs an analytical and descriptive approach to examine this issue within the criminal justice systems of Iran and England, exploring the conceptual differences in the recognition of bodily injury and the provision of compensation in both legal systems. The present research reveals that in the Iranian legal system, the compensation for bodily injuries is based on the concepts of "diyyah", "arsh", and "government", while the English legal system evaluates and calculates compensation based on tariff systems, consideration of the function of body parts, the lost enjoyment of life, and the valuation of human life and the quality of life years. Both legal systems strive to realistically calculate and compensate for bodily injuries.

Raising children and related rulings is one of the important issues of jurisprudence, the dimensions of which can be extracted from religious evidence and sources. The verse 233 of Surah Al-Baqarah or "Ayah Muḍāra" is one of these proofs that has not been taken into consideration in the articles from the point of view of "educational jurisprudence". When it comes to this verse, there are some reflections. Who is harmed in this verse? Can it be cited when education is discussed from a jurisprudential viewpoint? Is harm specific to the harm of abandoning a child, or does the conceptual scope of this word include other positive actions and actions of parents as well? Are non-physical, spiritual and other-worldly losses included in the definition of "lā tuḍār" (do not inflict harm)? The results of the research showed that according to two possible meanings of the verse, which is strengthened by some factors, harm to the child is supposed, and thus this verse finds a special place in the Qur'anic arguments of educational jurisprudence. The concept of harm in the verse is general and it includes any forms of harm, physical, mental and spiritual of the child. According to the conventional meaning of harm and the example mentioned in the verse, this word is also true for the current desertion that leads to the harm of the child. The purpose of this research, which was carried out in an analytical way and which relied on Quranic sources and opinions of Imamiyya jurists, is to develop the conceptual realm of harm in this verse so that it can be used in the citations of the jurisprudence of education.

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.

One of the problems of the tradition of "Lazarar and Lazerar" is to plan and examine the effect of the presence or absence of the phrase " in Islam"  in deducing its jurisprudential issues. In this regard, a comprehensive and independent research has not been done, and the present research is trying to do this and answer this main question and the related sub-questions by analytical reference and library method in such a way that the presence or absence of the phrase in Islam has a direct effect on the inference of the jurisprudential issues of this tradition..This article has sought the effect of the presence of the phrase "in Islam" in the narration of "La zarar and La zarar" in the establishing  nature of the verdict that is deduced from the tradition, as well as the negation of harm from the legal harmful relations  between people, as well as compliance with the Shari'a rulings. Such a ruling is unprecedented in human legal schools.

The principle of proportionality is one of the elements of retributive theories.Moreover its application is about the proportionality of the punishment of a crime to the same crime.Crucial question is whether the proportionality of the punishment with those crimes,determining the appropriate punishment for each crime and execution in cases where there are multiple crimes or not?Regarding the proportionality of punishment in various crimes,the criminals have relied on another principle called"overall proportionality"to determine the punishment commensurate with those crimes,which is based on mitigation.Otherwise,we will face an increase in the impunity of punishments.In some cases,the offender is deprived of major part of life and in some cases;people are destroyed as a result of criminal sanctions or it imposes a punishment that is equivalent to the punishment of severe and serious crimes.Although this principle is supported by intuitive attractions,it will need philosophical convincing justifications.Retributivists who believe in the principle of equal punishment for equal crimes must now provide evidence in order to justify bulk discount in the punishment of multiple offences.The idea of overall proportionality,which is based on the qualitative measurement of harm rather than a quantitative and numerical model,can be a good basis for determining punishment of multiple offences.

Distinguishing between prescriptive and advisory commands is an undeniable and significant necessity in jurisprudential inference. In this study, through the case study of famous examples of advisory commands and comparing the three types of religious commands i.e. advisory, preferred prescriptive and prescriptive command being a path, the main elements that form advisory and prescriptive commands will be discovered. The results of this research show that the essential element in prescriptive commands is the use of the lordship status and the lord’s legal personality in stimulating the servant to perform the act; on the other hand, advisory commands apply where either there is no lordship or the lord, for certain reasons, does not use his lordship to stimulate the servant and instead he uses other methods such as declaring the benefits and harms of an act.  Nevertheless, in any type of commands, the lord actually desires that the servant performs the act or refrains from it and only the method and means of stimulation are different. The results of this research show that having an independent benefit, entailing reward, lack of punishment, being related to worldly and hereafter affairs, the existence of real or factitious demand, the existence or absence of an independent intellectual ruling, being new-established or emphasized, etc. do not constitute inclusive and exclusive standards for the distinction between advisory and prescriptive commands.

In the domestic criminology literature, at least two terms have been used for crimes committed by the power structure: State Crime and Governmental crime, both of which are referred to as the equivalent of the Latin term "State Crime". Although in appearance it can be considered as a broad concept of government, the two terms mentioned are considered compatible with each other However, the existence of objective and practical effects such as the possibility of separating these two concepts from similar concepts, differences in type and the nature of responding to the crimes committed against them and the difference in the reference for responding to these crimes, and determining the responsibility (including political, administrative and legal), etc., distinguishing between these two concepts and determining the limits and limits of these two concepts Makes it necessary. In the present article, with the analytical-descriptive method and the use of library resources, and with reference to internal and external crime texts in the field of State crimes, as well as by reviewing domestic legal documents, it has been concluded that the use of the term "State crime" is more correct for the Latin term, both in terms of scientific and practical works and in terms of compliance with domestic legal texts.

A conflict of interest is a situation in which there is a potential capacity for impartiality in the decision or action of an official, manager or employee; In other words, a situation in which an individual or organization is faced with different interests, each of which can corrupt the right decision of that person or organization. Although conflict of interest does not necessarily mean corruption, it does mean creating conditions for corruption, and the individual or organization may be consciously or unknowingly engaged in a conflict of interest.
Conflicts of interest in politics are important because of the many slips they can cause. Therefore, any phenomenon that causes personal or group interests to take precedence over national interests in decision-making in any category of administrative responsibilities is a source of conflict of interest.
Conflicts of interest may arise from individual or institutional factors. In the Iranian legal system, conflict of interest has been considered not in the discussion of prevention but in some instances of conflict of interest with a criminal and criminal approach. And is in the pre-legislative stage.
There is a conflict of interest in all areas of public policy, especially in the field of administrative health, which has been evaluated by the field method (questionnaire) as one of the disadvantages of administrative health policies in the stages of development, implementation and monitoring. Indicates low administrative health and confirmation of the existence of conflict of interest in the stages of formulating, implementing and monitoring administrative health policies.

Decisions about how to invest, produce and consume individuals, households, businesses and the government also affect other individuals who are not directly involved in the transaction, so one of the main topics in economics is how to compensate for this. Injuries and consequences. This article first deals with the issue of harm in jurisprudential literature and extracts the conceptual model of harm in jurisprudence, explains the problem of external consequences and then with reference to the response of Imami jurists in different categories and sometimes opposite in solving the problem of external effects to provide a model. Jurisprudence as an autonomous opinion in solving this problem.

The research method in this article is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

 In all stages of writing the present study, while respecting the originality of the texts, honesty and trustworthiness have been observed.

This article extracts the conceptual model of losses from Imami jurisprudence and determines the position of negative external effects as one of the types of losses, presents a jurisprudential model of eliminating external effects and finally compares the model with conventional economic patterns of Pygmy. And Kozi in two parts of troubleshooting the conventional pattern and the distinguishing feature of conventional models expresses the distinguishing features of this pattern.

Since the custom considers the side effects as harm and damage, so the "harmless rule" can be used as an important jurisprudential rule in the discussion of external effects and considers it necessary to compensate for the loss or its disappearance. A jurisprudential model for eliminating external effects, knowledge of the conceptual model of harm in jurisprudence is very important because in addition to recognizing the types of harm, the reporting of the conflict of side effects in jurisprudence is easy.

From the jurisprudential perspective, any sexual enjoyment that is not approved by religious law (sharʿ) is somehow considered sexual deviation, and if one is accustomed to this act in such a way that he is satisfied only in this way and is not normally able to leave it, he/she has a mental illness of sexual deviation disorder. Therefore, when the sexual enjoyment causes difficulty or unconventional harm outside the nature of each couples’ engagement in sexual intercourse, it is sexual deviation and if it becomes a habit, it is a sexual deviation disorder even if they are legally married. The husband’s infection with the illness of sexual deviation disorder is one of the cases that legally removes the obligation of the wife to obey the husband and it deprives the husband of the right to oblige the wife to obey.Although obedience (tamkīn) in jurisprudence means the necessity of sexual submission and obedience of the husband, the wife should not disobey the sexual enjoyment of the husband at any time or place. Also, one of the requirements of marriage is the sexual enjoyment of both parties with all its examples and is not limited to the specific example. The examples that have been excluded from the conventional relationship due to being harmful and difficult are exempt from the inclusiveness of evidence for the necessity of obedience to the husband and wife’s disobedience does not make her nāshizah (disobedient). The husband with a sexual deviation disorder cannot force his wife to accept his unconventional obedience which usually leads to intolerable harm or difficulty and only has the right to demand the enjoyments that are conventional.

One of the basic and fundamental rules of jurisprudence is the system disruption prohibition rule that is, the obligation to maintain the political system. In jurisprudential texts, there are cases in which jurists deny the existence of something due to disorder of the system or, on the contrary, consider it necessary in order to maintain the system. On the other hand, according to jurisprudential principles, one of the ways to receive financial rights is Taqas rule or retaliation. This institution was not recognized by the legislature after the revolution, while judicial precedent following jurisprudence in many cases has considered retaliation as a justifiable factor. The reason for the negligence of the legislator is that some jurists believe this institution as a cause of chaos; but by reviewing the conditions of retaliation, we will see that the territory of this institution is not vast and unruly, and depends on the realization of conditions that are created according to public order. Therefore, the prohibition of committing a crime in retaliation is a condition and hence, inflicting damage with retaliation is not accepted. In this research, in a descriptive-analytical method, while emphasizing the importance of maintaining the political system and preventing its disruption, it is stated that according to the conditions stated in the Sharia, there is no conflict between these two rules.

Today, we are faced with a new term called "child labor in the virtual space" or "Instagram child labor," where children are not poor like traditional child laborers in the real world. These are children whose daily activities are displayed in the virtual space with the aim of earning income. They have a large number of followers and face numerous harms and problems. Previously, child labor referred to children who earned income by selling goods on the streets or collecting waste, but easy access to social networks and the internet has given rise to a different type of child with different conditions compared to traditional child laborers. The legislator in Iran has taken steps to pass various laws regarding child labor, but it has not paid much attention to the social problem and the emerging phenomenon of modern child labor. Perhaps this is because the harms of exploitation, forced labor, and the instrumental use of children in the virtual space do not seem significant. By amending laws, criminalizing these behaviors, and developing appropriate laws and monitoring the activities of children in the virtual space, the legislator can find a solution to these problems. This research examines the legal and normative aspects of child labor in the virtual space in the domestic and international arenas using a descriptive-analytical method and a library research approach. It also addresses the harms of the virtual space for children and children's rights in the virtual space.

The most considerable religious trainings are about observing ethical norms. These norms have also entered jurisprudential rules in various ways and they have caused overlapping between these two areas of science. One of the most important ethical norms emphasized in holy narratives is the necessity of maintaining self-esteem, some instances of which have been manifested in the form of jurisprudential rule of "unnecessary action to admit indebtedness". Of course, the afore-mentioned rule has rarely been stipulated or studied independently in the area of jurisprudence and has been usually used as a hidden major premise in the arguments. The small number of analytical discussions in this area may be due to the same reason. The present research, while investigating and classifying the rulings in this regard, analyses the jurisprudential nature of "indebtedness" and its relation with the associated jurisprudential rules. It seems that "indebtedness" as an instance of harm to pride can be classified under the no-harm rule. In addition, the prohibition of indebtedness can be considered as an independent principle derived from the ethical norm of "the need to maintain self-esteem".

Three elements are needed to form civil responsibility: harm or injury, injured party, and connection between defendant and injury. The injury element is talked about in law and jurisprudence as “harm”. Present paper comparatively studies harm and its basis in environmental damages. The essential point is, damages occur when loss or waste of another’s property happens, therefore proving liability depends on proving that natural resources are considered property so that damaging them would constitute harm. Therefore discussing whether natural resources are property and consequently discussing their ownership is the first stage of discussion about liability regarding environmental damages. Accordingly, it is necessary to explore different kinds of harms, and then using general reasons and legal and jurisprudential information in national and international law, the question of natural resources being property could be debated. Among reasons to be cited are fatwas by Islamic jurisprudents in some Islamic rules which could prove natural resources to be property and then prove their ownership for public, using them, damaging these resources could result in liability.

Fitness, coherence and reconciliation between punishment and crime are the tools of a balanced criminal system. Holding a rational basis for punishment is of fundamental principles of the criminal justice system and its legitimacy factor. In penal system of Iran, at least, it has not been set general and comprehensive foundations for the proportionality of crime and punishment. The lack of fundamental principles in determining punishment at the stage of penalization and sentensing is one of the major Bugs or, perhaps, the most serious criticism of Iran's criminal system. Sometimes the legislator has reduced the gap between the minimum and maximum to a maximum of 40 times in the determination of the penalty, and the court has no obligation to justify it between the minimum and maximum. It determines the amount of punishment that there is no proportion between crime and punishment, and this will undermine the proportionality principle. Therefore, the expression of the general and fundamental criterion for adhering to the proportionality principle is a strategic principle that should be addressed in Iran's criminal system. The question that has been raised and answered in this research is whether Iran's criminal system complies with the single criterion in proportion between crime and punishment. Can deduced from criminal law and judicial procedures a standard for proportion between crime and punishment? The next and, more importantly question is that what is the nature of the proportion of crime and punishment? In the present article, while referring to the Iranian and England penal codes and doctorine of the two countries, dealed with the expression and evaluation of the criteria for the proportionality of the punishment with the crime. Accordingly, the severity of the crime is a fundamental measure for proportionate to punishment and the amount of damage or damage to the victim of crime and its degree of ability to blame is the nature of the severity of the crime. In addition, on the same basis, it is possible to determine the punishment at the stage of penalization and in the process of implementation and issuance of a ruling in courts, realizing proportion by prediction of the institutions that monitor the courts.

An unsolicited electronic message means any messages are sent without recipient’s permission and ignore her/his rights to not receiving messages. Spamming may also provide opportunities for malicious activities in the cyberspace. Problems made by spamming on one hand, and non-efficacy of self regulation techniques used by internet hosts, on the other hand, have made the legislator to take effective action against spamming. There are several countries which have enacted specific laws and regulation with respect to criminalization of spamming and provided particular limitations for data exchange in the cyberspace. It seems that issues like harm, privacy and protection of consumer rights are considered as legal foundations of such legislations. The present research aims to study the foundations of the above mentioned regulations through a comparative approach and from an action-oriented perspective.

In Islamic jurisprudence, Tas’ir is defined as the pricing of goods or services by the ruler or his representative and determining that price as the basis of transactions. All Shi’ite and the majority of Sunni jurisprudents agree that Tas’ir is Haram (Forbidden) in normal conditions when there is no hoarding or surcharge. In cases of popular need for specific goods and services, monopoly on the production or sale of goods, hoarding goods, surcharge and gross difference in price, price determination is allowed. However, the question is what commodities are subject to pricing in permissible cases. The present study addresses the theories of Islamic jurisprudents to answer this question. Some Sunni jurisprudents permit price determination only in the case of food for humans and animals; some others in the case of quantifiable and weighable goods; and the rest in the case of all goods needed by the society. For observing justice and preventing oppression, enjoining good and forbidding wrong, and the principles of no harm (La darar) and no distress (La Haraj) and considering weak arguments for limiting price determination, the present study concludes that price determination includes all essential goods and commodities needed by people, that is, goods that cause harm or distress among the public when rare or expensive.

Changing the nature of money since the beginning of Islam and alteration from irreplaceable property (Gold and Silver) to Treasury note which is validated behalf of governments by credit of existent gold in banks and also emersion of monetary crisis and recession especially in last decades as well as birth of inflation; all of them caused the reducing of purchasing power of money which is studying in economics but also in law this question is one of the arguable subject in civil liability and is one of the harm elements; thus upon the wrongful act of a person, the value of money of another person reduces which is called “devaluation”. In this article the ability of compensation has been studied in view of jurisprudence and positive law.

The present article is devoted to study the term “Muđārr” mentioned in the verse 12 of the Chapter al-Nisa. When we refer to the existing studies, we see that there are serious conflicting views in interpreting this part of the verse despite the weak relating resources. These studies also did not discuss all aspects of the verse. For example, they have not made a distinction between the concept and instance of “Muđārr”; nor have they specified whether the negatuion of “Muđārr” is declaratory or obligatory and whether it concerns only the “will” or the “debt”. Finally, they have not specified that whether it concerns this part of the verse or includes all aspects of the inheritance.