نشریه مبانی فقهی حقوق اسلامی
سال سیزدهم شماره 1 (پیاپی 25، بهار و تابستان 1399)

The need for security after the physiological needs is considered to be the most important human need, but it should always be sought to provide security, an excuse to protect the community and to suppress individual rights and freedoms, and to ignore the defense rights of defendants on the other hand. For the same privacy and respect for the principles and rules of the public has been accepted, but it should be noted that respect for this privacy is not absolute, the law enforcement agencies have, in some cases, granted permission to enter or supervise this privacy breach of privacy restrictions. Private today are legally expanded. The root cause of this can be seen in the emergence and occurrence of severe criminal acts that can create extensive security implications for the community. Therefore, it is necessary to examine the extent of this violation in the jurisprudence and law.

The irrational rule (alert) is derived from one of Ali's ('a) judgments, which is mentioned in a narration from Imam Sadiq (AS), "The Height of My Commander Aware," that is, the one who warns against the excusable guarantor. Accordingly, before giving a harmful act, the warner and awareness required to escape the danger, the warner will be exempted from liability if he or she does not care about the arrival of the damage. This jurisprudential rule, which is in fact one of the guilty parties, is proven by rational and convincing reasons that many scholars have investigated. But the basic thrust of this paper is to what extent is the scope and scope of this rule? By reviewing the jurisprudential and legal writings and legal and analytical and descriptive methods and using library tools in order to reveal this scope, we will review the scope of the application of this rule in a variety of domestic and foreign domestic and international obligations.

The conditional entity is one of the major jurisprudential issues that is very important for its accurate understanding of the judgments it handles. One of the most successful ways to understand the concept of words is to examine the types of references that necessitate research on the nature of the condition. In this paper, with a comprehensive overview and comprehensive review of jurisprudential sources, all the effective directions in the division of the criteria (divisibility criteria) have been established and attempts have been made to determine the extent of these categories by addressing the terminology and the expression of the equipment, the history and effects of their acceptance. Accurately explained. Based on the findings of this research, the following are the most important and over-fulfilling conditions: the condition of the consent of the contract, the condition against the nature of the contract, the condition of the opposition to the source, the condition against the customary work of the contract, the condition against the use of the contract, the conditional, the customary (ordinary), religious and Rational condition of the verb, description and purpose of the verb, implicit, elemental, collusion and explicit, in each case based on the subject, the type of ruler of credit, the necessity of respect, and the mentioning and not mentioning in the text of the contract, the split is conditioned.

The issue of privacy is the important provisions in Islam and jurisprudence, which has a very high reputation, the privacy of its kind, is divided into material and non-material confidentiality, and scholars have issues such as the privacy of individuals, attention and considered in the profound jurisprudence. Therefore, the eighth Government of the Islamic Republic in 1386  revised the privacy bill and surrendered to the Islamic Consultative Assembly. This research has been attempted to discuss the privacy bill, which has several headings: physical privacy, places and houses, personal information on media activities, communication, at work, and responsibilities arising from privacy violations and the principles governing it. In this regard, the present study introduces the principle of non-velayat, اصاله, and the principle of human dignity as the principles governing the privacy Bill, as well as the prohibition of disclosure, the need to pay attention to human dignity and to abstain from tyranny as relevant privacy issues.

One of the indisputable and important rules of jurisprudence is the rule of Domination. According to this rule, man has dominion over his property and, consequently, the right to possess. The issue that has been raised in this regard and has caused controversy among jurists as well as jurists is the possibility of recognizing the human right to the body based on the rule of Domination. The specific question in this regard is whether the human right to one's body can be justified on the basis of the rule of Domination or whether another approach should be sought? The results of the analysis of this issue in the present paper are that the inference of kingship over the organs of the body, by analogy with the priority of human kingship over rubbing, does not seem correct because our kingship over property is not absolute so that we can By analogy of priority, let us conclude that we have dominion over the organs of the body. Also, the delegation of human affairs to him can not be considered as a reason for man's dominion over his body parts, because the delegation of human affairs to him is only in matters not related to body (blood) and includes political and social issues. It does not enter into the circle of sensitive issues in which the Shari'a procedure is based on excessive precaution. On the contrary, reliance on the rule and theory of guardianship seems to be a better explanation of the human right to his body.

The precepts of religion have come from God Almighty to humans so that they can walk on their path of evolution and end their divine and secular happiness. abstract the current and current issues in the context of islamic society can be such that custom can sometimes interfere with islamic laws and the need to infer the divine order for that issue and the effect of that order will be imposed on the custom. one of these issues is the issue of shaving. the main question of this study is to trim the legal and juridical opinions in the shia and sunni religion and its feedback is common in custom. which is carried out with a carry - out method. the findings of the study can be mentioned as follows: by cutting the evidence from medical findings based on religious jurisprudence (shia and sunni)according to God's verses in the quran as well as the traditions of god and imams and the rule of judgment rule, it is taboo that this is challenging and sometimes conflicting with what happens.

Kasameh is one of the proofs of the criminal case used in the courts, and the scientific evidence is based on the development of in-house technology of the judge in science. This descriptive-analytical paper, combined with documentary and library data collection, seeks to answer the following questions that today, given that people often swear by the facts, do not use the passage And where is the proof of retribution, where is the rule of law for the accused? Is it possible to substitute scientific proof for the sake of caution in temperature and population? And finally, it turns out that given the length of the evidence to prove each other's criminal claims, one can use the scientific evidence and the credible results that are within the judge's knowledge, which is then the case. The measure will not be reached and the precautionary principle in temperature and population will also apply to the accused

he Cuckoo of Faith is one of the curses who have given the Shari'a and consequently the law and the foundation of the rationale for the customer. In the event of a product being defective, the customer will be in a position to terminate the contract and / or to obtain an order and sign the contract. By contrast, any verb and manipulation that, in the common sense of the people, imply the abandonment of obligations and obligations, will deprive them of the right to reject and commit to a transaction. One of the things that causes the right to decline is to seize it in such a way as to cause the same change. This change should be in such a way that the other is not the same as the original condition that was traded. The common sense of the mind ignores the slight changes, and any loss of the attribute of health or the adjective of perfection also accompanies the change at the same time and causes the fall of the right to reject. On the other hand, if a number of transactions are made on this basis, the customer can return the goods and cancel the transaction and cancel the transaction until it has remained in its original condition and has the possibility and ability to return to the bank. To restore.

The emergence of genetic science and the research on the human genome and the new functions that make up this new subject have created a range of discussions between experts and jurisprudents, and since jurisprudence has the ability to respond to the issues that are under investigation, This issue is also necessary for the views of the jurists to be considered. Referring to the views expressed by the jurisprudents, there are various statements ranging from consent to opposition to such actions. Among these, the arguments for the opposition to express their opposition to the particular effects on it and the type of reasoning presented are of particular importance. . What this research seeks to answer is, on the one hand, to explain the approach of jurists to this issue and, on the other hand, to discover why some scholars oppose genetic research. Findings of the research indicate that the reasons for the adversaries have a stronger position, although there are disagreements among the adherents, and what is presented as a reason for opposition from the opponents of genetic actions is a legal concern, rather than a reason, Because research on the human genome is not in the limelight in the form of initial titles, and if the issue of abusing the permits of such actions is posed, it is another issue that opponents follow from the interpretation of the Convention that has the negative consequences of such actions Emphasizing that by preventing the potential misuse of this There is a background and there is more evidence that the arguments of the opponents of genetic actions can be ruled out.