نشریه مطالعات فقه اسلامی و مبانی حقوق
پیاپی 43 (بهار و تابستان 1400)

The crime of disrupting the country's economic system is a collection of 30 criminal cases mentioned in the law punishing disruptors of the country's economic system. One of the important issues in the field of the nature of crimes, which has different effects and consequences, is the study of the extent or punishment of a crime. In the nature of the crime in question, two possibilities are conceivable; The first possibility is that this crime has a dual nature and in some cases it is a punishment and in others it is a punishment. The opinion of the legislator of the Islamic Republic of Iran, considering that the death penalty is not mentioned in Article 19 of the Islamic Penal Code, is that this crime is a limit crime if it is considered corruption on earth. The second possibility is that this crime is a ta'zir crime in any case, even if it is punishable by death for corruption on earth, for violating the rules of government approved by the Islamic regime. Which of these two possibilities is closer to the truth in terms of jurisprudential and legal evidence and principles? The present study will try to prove with a descriptive-analytical method that according to the authorities provided in the Shari'a for the Islamic government, these crimes can be considered as absolute ta'zir; Because the Islamic government can criminalize some crimes and consider various punishments for them, including the death penalty.

Juvenile criminal responsibility in Iranian criminal law has changed significantly over time according to the law. In the contemporary era under the influence of new criminal thoughts and ideas , Has tried to further expand the age range of absolute irresponsibility towards these people.Islamic Penal Code adopted in 1392 in a scientific approach He has taken a step in this direction scientifically and at the same time as far as possible from the jurisprudential point of view, And without gender discrimination, a certain age for 1- Absolute criminal liability 2- Relative criminal liability 3- Total criminal liability, albeit in a reduced form, The legislature in crimes causing hadd and retribution by adding the condition of "criminal growth" to other conditions of criminal responsibility, one of the most important features of the system of responsibility Penalties for children are reduced in this law.This article seeks to answer this question What are the characteristics of the system of reduced liability of children in the current law and how the two criteria of criminal growth and puberty in law recognizing juvenile criminal responsibility has been considered. In this article with the method of descriptive-analytical form and information libraries And the data is analyzed, and finally it can be said that the current law, although it has been able to challenge the previous laws But it is worthwhile to make decisions for children under the age of nine that are lighter

The truth of sale has long been considered by Imamiyah jurisprudents and in their jurisprudence books with their definitions of the contract of sale have been expressed their views on the truth of this contract. In the present age, with the development of capable of being owned and recognize property something’s are non-existent but traditionally considered to be a purchase and sale, the question arises whether these new contracts can be incorporated into the contract of sale? According to the famous view of the jurists, which is also followed by civil law, the object of sale in the contract of sale must be from standing property in its narrow sense, there is another view that considers the interpretation of the object broad and considers the object vs. profit. Emphasizing on the customary nature of the contract of sale. The present article with emphasizing the customary nature of the contract of sale seeks to examine the truth of the contract of sale and to review the definitions of the scholars with regard to its customary truth and the conclusion is that the truth of the contract of sale, is a property-to-property exchange, and both views are critical and are incompatible with the customary reality of the contract of sale. According to the authors, Article 338 should be revised in the definition of the contract of sale and provide a definition that is consistent with customary reality. This research has been done by a descriptive-analytical method and based on library resources.

The concepts of commitment and requirement and their relationship with the concept “obligation” in the western laws, on the one hand, and the relationship between these concepts and duty in Imamiyyeh jurisprudence, on the other hand, are amongst the most complicated legal relationship s in Iran. Some jurists realize commitment as a legal relationship; some other s as the composition of a relationship and another group as a fixed duty to be shouldered by an individual. . The exact identification of the concept “commitment” along with the elucidation of a contract’s subject from its exchangeable item would contribute to the analysis of the nature of promissory contract s in the laws of Iran. Investigating the notions of the jurisprudents and jurists, the authors have come to this conclusion that the commitment lacks a legal relationship sense in the laws of Iran and it means the composition of a situational relationship in its infinitive form. Acceptance of commitment in this sense would correct the flaws related to article 183 of the civil law and it will become incorporative of the possessory, promissory and permissive contracts. As an infinitive without to, commitment is a fixed duty to be shouldered by an individual and it can be the subject of a promissory contract whereas the transaction item is the commitment-based doing or not doing of an action in the promissory contracts.

Despite the imposition of a maximum penalty for the crime of alcohol consumption and a strict penal policy for the crime, the two facts about alcohol cannot be easily overlooked. First; Available official and unofficial statistics show an increasing increase in alcohol consumption in society. Secondly; The formation of the underground economy and the subsequent spread of counterfeit beverages have caused severe physical injuries, including death and loss of organs, to consumers of this type of alcohol. Accordingly, the question of the leading research is whether the Islamic government has a duty to protect the health of citizens against harm caused by the consumption of counterfeit alcohol? If so, what are some solutions? The present study, based on some of the existing capacities in Jaʿfari jurisprudence, namely the rules of repelling More corrupt to Corrupt, the obligation to repel possible harm and the need to maintain the system of society, has concluded that protecting the physical life of citizens is the duty of the government and nothing It can not interfere with this task. Thus, without decriminalizing alcohol consumption, the government can provide citizens with alcohol health testing services to detect counterfeit to non-counterfeit alcohol in order to prevent its often irreparable consequences; Importantly, this does not in any way mean acknowledging the criminal behavior of alcoholics.

If a wise person deliberately murders a madman, he will not be punished. This sentence is stated in Article 301of the Islamic Penal Code. The documentary is a story known as Sahih Aba Basir, in which Imam Sadeq replied to a questioner that the killing of the insane by the wise would not be accompanied by retribution. They then put forward the principle of "La Qud Laman La Yaqad Mane." Sometimes serious challenges come along. What leads to retribution is the intentionality of the verb by an adult who has the power to control his or her action based on the intellect. This applies to the insane killer who is wise.On the other hand, according to the Holy Qur'an, retribution is the preservation of life and is a punishment for preventing subsequent murders that are virtually ignored with the insane killing of retribution. On the other hand, the principle of "laud" is not followed in similar instances and in practice in the jurisprudents' orders. However, the present study aims to provide a more and more critical explanation of this ruling by examining the documentary and contextual content of the narration cited by the jurists as well as the content analysis of its verdict. Wise killer retribution closer to justice, rationale philosophy and rational custom in insane killing.

While referring to some verses of the Holy Koran, the sacred legislator sets retaliation as a punishment for the premeditated murder, through which not only the other people get warned, but also the murdered, who has performed a wicked deed with an evil intention and motive, bringing about horror and agitation in the society, would receive a punishment. However, since the main harmed person in this crime does not exist, the right of performing retaliation is given to the avenger of blood. But the question is that if the murdered has some debts that his heirlooms do not suffice to pay them, do the avengers of blood still have the authority to perform retaliation against the murderer or not? In this regard there is a controversy among jurists. Relying on the verse "…he who is unfairly murdered, we have made his avenger of blood king…" and on the fact that retaliation is the right of the avenger of blood, some jurists believe that avengers of blood can retaliate the murderer without undertaking the debts of the murdered. But relying on Abu Basir's narrative, some others believe that avengers of blood cannot perform retaliation against the murderer without undertaking the debts of the murdered,

Credit transactions play an important role in commerce and their necessity is obvious. Issuance of commercial (barati) documents for Pawning; considering the advantages of those documents over ordinary documents, it is an appropriate solution. The legislator in Article 774 of the Civil Code, which has a jurisprudential background, defines the subject of mortgages as the specific goods, and considers void the mortgages of debt and interests; but the legislature has sometime shifted that position and some jurists have issued fatwas on the validity of that juristic act. The commercial (barati) documents is not property on the basis of usage view. The pawning of the mentioned documents does not have a single legal nature. the cases that are subject to the debt mortgage are nullified according to mentioned article. the things that have been considered to bill mortgage is valid due to the validity of that contract. Also, the cases under the name of untitled contract are valid with regard to Articles 10 and 758 of the Civil Code, the principles of validity, irrevocability, permissiveness and non-existence and acceptance of the suspended contract and the issuance of the check for pawning by the legislature.

the jurists have voted that "Al-Taziri al-Ijtihade al-Amami". But it is necessary to know the meaning of "ijtihad in ta'zir" in order to distinguish it from the term ijtihad in the sense of acquiring jurisprudence for the Shari'a ruling or knowing the Shari'a.Research Questions: 1- Does ijtihad in ta'zir mean knowing the Shari'a law or acquiring it? 2- What is the relationship between ijtihad in Ta'zir and the infallibility of the infallible Imam(AS)?According to the results, in the traditions and the sayings of the jurisprudents, there is no transgression in the ijtihadism of Ta'zir, as some have stated it, some have pointed it out. In this essay, it is argued that ijtihad in ta'zir does not mean ijtihad in terms of (knowledge of the law or acquiring jurisprudence for it), but rather, the expediency of the jurisprudence. Confirmation of this result is the narrations and the words of the jurisprudents in which the ijtihadites have been determined to determine the amount of Jizah, Raza, Abdul's price, etc. in the sense of expediency.

one of the requirements of accession to international conventions and documents in the islamic republic of iran is the content of its content with upstream documents, especially law and constitution. one of the challenging and controversial documents in recent years is the document of unesco education and its supporting document ; that is , sustainable development document of the united nations general assembly . according to the opposition view of the adoption of sustainable development of 2030, the document is based on the ideas the of individualism and individualism to impose their cultural - cultural beliefs on the countries of the world. hence, the purpose of this thesis is to investigate the possibility of adopting the 2030 document from the legislative and policy aspect in dealing with the hadith and superiority of islam. the results of this research indicate that according to the tradition of especially hadith , any acceptance and commitment to documents and international protocols should be in a way that leads to the domination of non - muslims on the social , political and economic structure of the islamic society . meanwhile, the adoption of 2030 has caused irreparable consequences on the cultural, social and economic resources of the islamic republic of iran and pave the way for foreign domination. therefore , the acceptance of the islamic republic of iran is contrary to islamic teachings , especially hadith .

Pessimistic thoughts about applicability of reformism that got born in The 1970s and 1980s created a wave of disappointment and disillusionment between intellectual and involved in penal justice system. After this expensive experience of reformism and then, failure in furtherance of goals claimed Little by Little this belief was shaping that nothing works. Scholars were asking themselves if can the punishment changes mental values and mental norms of violent offenders, indeed this question was effect of another question that is fundamentally changing mental norms in violent criminals possible with suppressional reactions?Against this inclusive pessimistic thoughts, exactly in that time, experiences of some countries shows that reforming of violent criminals is not inaccessible dream. For example in USA results of some reforming plans were hopeful by using both addressing cognitive ability in crininals and changing their lifestyle. Present essay goal is to try recite and describe some of these efficaciousprograms.