نشریه مبانی فقهی حقوق اسلامی
سال هفتم شماره 2 (پیاپی 14، پاییز و زمستان 1393)

This paper aims to redefine the social supervision and control in Islam as one of the most important ways of preventing deviations and abnormalities based on Islamic social worlds which include real world, contemporaries’ world (Umwelt), ancestors’ world (Vorwelt), and non-material world. Using Islamic resources (Quran and Hadith), this paper demonstrates four areas of Islamic society especially intangible area. According to the definition of social worlds in Islamic society, there will be a new definition for concepts such as norm, audiences (deviants), executive guarantees, and social control agents. The above mentioned worlds are generalized into the intangible elements and even their tangible elements are redefined in new ways. This kind of attitude would improve the efficiency of the social supervision and control in Islamic society.

Jurisprudential principle "whoever is owner of thing is also owner of confession of it" is a collected principle and famous among Shia and Sunni jurisprudents. Although the infallible Imams word specifying to this principle but not great jurisprudents like Shaykh Tusi, Ibn Idris, Ibn Barraj, mohaqeq, Allama, Fakhr Almohaqeqyn and shahid avval have appealed and based on that it has been fatwa. According to this rule, anyone who has power, domination and possession in the one thing, it also has the authority to admit towards it.Therefore, confess Attorney to his client in matters that have allowed to do it,Confession Minor, in matters that are allowed to perform, as will the famous and charity andalso acknowledge the legitimate representatives to dominate as governing, guardian or legal guardian, will be acceptedandthe sentence this law, acknowledging them as genuine confession, will be validor that the content of this rule may give notice or announced or claim is not the the true meaning of confession. Some of the rule of rule "eqrar al oqala" that, in the case of general and specific considered and some By taking this ratio in the cases, them with each other accepted conceptually divergence. But some other, general and specific rules Relationship these two absolute expression and rule "eqrar" within in the rule of " whoever is owner " considered and some scholars like Imam Khomeini, both equally well knows rule. Of this rule, different expressions from the jurisprudents of the most famous, «whoever is owner of thing is also owner of confession of it ». in the Iranian Civil Code, substances confession, based on rule "eqrar al oqala" has been set; but the some material based on this rule exists. Anyway, documenting The most important validity of this rule,consensusandconsensus and Concept of rational people is andwhile with the rule of law " eqrar al oqala ", both case society and also case differentiate the two concepts together in the their heterogeny.

Composing the favorite legal contracts in particular conditions, some companies are trying to misuse from the economic needs as well as from the non-expertise of their customers. As a matter of fact those companies impose their stipulations which cover only their benefits on the customers. A field in which one can see such contracts is in Iranian car industries. Some states and international organizations by enacting rulings and provisions came to support the customers in order to eliminate "significant disparities" come from those imposed stipulations. Furthermore, the support for the weaker side in those contracts may bring about more justice into contract. Taking some jurisprudential origins for such rulings into consideration including mutual consent, public order, and theory of preventing abuse of their own rights, this article tries to analyze those rulings and provisions to see in which condition it would be possible to cancel the contract.

Determination and execution of punishment as well as existence of a systematic criminal proceeding have invariably been among most important controversies over punishment. By the principle it means that whole of the criminal proceeding such as investigation, trial and subsequently execution of the punishment should be done by a competent judicial authority. In the religious thoughts the authority called Imam or Governor or Judge. Accordingly people who lack the competence cannot intervene in the affairs and take arbitrary measures. The paper is devoted to development of the principle and determining its position. Although Article 36 of Constitution expressly embodied the principle in itself, it have been experienced an uneven road in its way to Criminal Code (2013). The act devotes a separate Article providing for the principle a long whit principle such as presumption of innocence and legality of crimes and punishments. But the principle is surrounded by exceptions some of which are new.

Transsexualism is one of the most challenging social phenomenon in the world. Some of the people consider it as an abnormal behavior and some of the physicians think of it as a disease that must be cured. There are some methods for its treatment the most important of them is changing sexuality through surgery.Since Law seeks to control the social relations, the position of law as to this problem must become clear. So the vital question is: what is our legal system’s response? In this paper, after difining changing sexuality legally and medically and explaining jurisprudential and legal opinions, I conclude that in Iranian legal system in the case of necessity the judge can permit changing sexuality.

Impossible crime is an inchoate offence which the occurrence of result is impossible because of absence of matter or absence of necessary legal conditions or using inadequate equipment and results to non-existence of target crime. Occurrence of impossible crime shows mens rea of perpetrators of it and these perpetrators does not have less criminal mind than the people who commit the complete crime. Although, the original crime doesn't happen, it's obvious that the perpetrators haven't obeyed the law. Impossible crime is a crime which has been considered in Iran Law and has amounted to different decisions. Criminal Code 1370 provoked the conflict and most of jurists believe that the Law doesn't mention the impossible crime. But the criminal Law 1392 under the title of attempt finishes the conflicts. Although, this is not considered as an invention this statute because the mentioned Article, with little difference, is a comeback to Criminal Law 1352. Entrance to execution operations and impossibility of target crime are actus reus of the impossible crime. Contrary to the most of jurists view, in this crime there is no need to finish the executive operations and it can be stopped in the half way. In accordance to Iran Law, and not in England Law, the impossible crime in crimes which there actus reus is an omission can be occurred. Moreover, essential of occurrence of an impossible crime is existence of intention. About punishing or not punishing the perpetrator of an impossible crime different views are taken.However, the mention countries Law believe in punishing the perpetrator of an impossible crime. It is necessary to be considered that the punishment should be diminished to complete crime, and due to this in Iran Law an impossible crime is tantamount to an attempt and it is punishment is less than a complete crime. English Law also considered the impossible crime as an attempt but the punishments are the same. However, in all two countries Law it is necessary that the attempt be punishable in order to punish the impossible crime.