نشریه مطالعات فقه اقتصادی
پیاپی 1 (تابستان 1398)

The liability or guarantee, when not based on the will of the parties or the particular contract, is a general title which, in the legal and legal terms, is referred to as civil liability and guilty of conscience; that is, each of the individuals in relation to their actions and acts Which is the same safeguard against individuals and society, is responsible and guarantor. This general concept is sometimes overshadowed by certain circumstances, such as when a person is influenced by his or her intentional intention to do something that eventually leads to the fulfillment of the terms of the guarantee or liability, the place is skeptical until the determination of the warrant for the durability or waiver of the guarantee in It is especially problematic for the subject, and the question arises whether, on the basis of the benevolent intention, the introduction of the act of committing an act as charitable action will be to remove the responsibility of the subject, which can be answered in this regard, as proof of the diligence of the act The commission and fulfillment of the terms of the law of jurisprudence will lead to the loss of the guarantor and the exclusion of the defendant. Allah has tried to investigate, analyze and describe the subject and the relationship between the jurisprudential principle of IHSAN and the original instrument of guarantee, based on the jurisprudential and legal opinions and legal sources and library resources of various aspects

There is a controversy about the possibility of compensating for the losses caused by the depreciation due to time over time, but it seems that the reasons for the respondents are more powerful than compensation. The payback is nothing but purchasing power and volatility. Therefore, in order to pay the deductible, you must pay a deduction from purchasing power on the day of borrowing. At present, only the provision that can be applied to the ability to compensate for the depreciation of the value is Article 522 of the Code of Civil Procedure, and therefore there is no general rule in this regard, and it faces the possibility of compensation with a wide range of obstacles.

There is a controversy about the possibility of compensating for the losses caused by the depreciation due to time over time, but it seems that the reasons for the respondents are more powerful than compensation. The payback is nothing but purchasing power and volatility. Therefore, in order to pay the deductible, you must pay a deduction from purchasing power on the day of borrowing. At present, only the provision that can be applied to the ability to compensate for the depreciation of the value is Article 522 of the Code of Civil Procedure, and therefore there is no general rule in this regard, and it faces the possibility of compensation with a wide range of obstacles.

After research in the works of Sadr and Motahari martyrs, it turned out that when it comes to the role of time and place in ijtihad, it is not time and place itself because the time itself and place have no effect on the religious order and their change is changing It is not a religious law; it is the status, condition and condition that has arisen in time or place and determines the ruling and the subject of the religious order, and its change will change the sentence and subject of the religious order. Therefore, if time and space is raised, it is to refer to the circumstances in which time and place are located, and the time and place are the basis of their existence According to Sadr and Motahari martyrs, the two elements of time and space play an important role in solving the emerging issues, and the religion of Islam, by paying attention to these two elements and by introducing some other principles, has created a quality in the structure of its verdicts. Which goes hand in hand with the developments of various ages and responds to the needs and issues of any age, taking into account the circumstances and conditions prevailing in that same age, and to be heard and discussed in all jurisprudence.

Inherently, man is interested in hearing praiseful statements and social life, on the other hand, will not pave the ground for development and transcendence without praise and encouragement of the elites. Praises either refer to the human and fair notion and orientation or are contaminated with hypocrisy, expediency and profiteering. Flattery and adulation are one of the explicit extensions of praises that have become blurred by profiteering and conspiracy and are subject to the verdict «praising the one who does not derserve the praise or deserves to be reproached». Many jurists in their ethical and jurisprudential works have dealt with this issue. Imam Khomeini is one of the contemporary jurists who have explained the praise and reproachment in his ideas. Scientific background and pure ideas of Imam Khomein due to his extensive knowledge of Islamic sciences like jurisprudence, principles of jurisprudence, Quranic exegesis, theology and etc, not only express the depth of his ideas, but also explicate the concept and scope of damage that can be incurred by the phenomenon of flattery and hypocrisy in the spheres of individual and collective life. Accordingly, in this study, it was sought to take advantage of moral and spiritual words and works of Imam Khomeini via library based studies in a descriptive-analytic fashion concerning flattery and its depreciation focusing on the Islamic and religious texts in order to tile .the path for moral discussions

The crime of genocide, which has been regarded by international organizations as one of the most important international crimes, has historically threatened human societies and, in order to deal with this crime, The Convention on the Prevention and Punishment of the Crime of Genocide was adopted in 1948. This crime has been discussed and revised in various legal systems in various jurisdictions and has been investigated by the International Criminal Court and various tribunals, including Rwanda and Yugoslavia. Accordingly, the main objective of this study is to investigate the crime of genocidal crime in the International Criminal Tribunal of the Rwanda and Yugoslavia Courts of Justice. This research has been done by descriptive-analytical method and the required information has been gathered using valid and first-hand documents and categorized and analyzed by information analysis to confirm or reject the research hypotheses. As a result of the research, it can be said that the crime of genocidal crimes in different international criminal systems has different differences with regard to the components and legal basis and the historical context of this crime. The first difference is that genocide is not explicitly criminalized in all systems, contrary to Article 6 of the ICC Statute, which precisely defines the material and spiritual elements of this crime within the framework of the International Criminal System (in accordance with international conventions) Is . The punishment for genocide in the Statute of the International Criminal Court is only lifelong imprisonment and there is no discussion of execution in any way. But it should be said that in some of the 20th Century International Criminal Courts, the death penalty in their final sentences is that some of these sentences have been implemented and some have not been enforced. But in the Rwanda and Yugoslavia courts and the International Criminal Court, similar penalties have been imposed for this crime.

The principle of «Necessities permitted forbidden» is one of the secondary titles and one of the principles that has a great role in discovery of Jurisprudential sentences. This principle is known as the principle of necessity and consider as the basic and applicable principle of jurisprudence also it’s effect and performance can be seen everywhere in jurisprudence. Particularly in solving the problems and troubles of new topics and issues, it plays an essential role. Although Jurists have less talked about it; But strength and Plenty of evidence about it from a side and it’s applicable role in everywhere of jurisprudence from another side has made us to think a little about it. However independent and coherent considers of this principle by Imamia›s jurists and specify the limits and criteria for using it caused that we write current article With the aim of introducing the concepts of this principle and conditions and causes of necessity, authority or necessity requirement, being personal or special necessity and introducing some of jurisprudential aspects based on the principle of necessity.