نشریه آراء
سال چهارم شماره 7 (پاییز 1400)

The role of Islamic teachings in improving the social and organizational environment of reducing crime, as well as the place of approaches of Islamic teachings in the crime prevention program and the Islamic legal system, is of particular importance. In Islamic criminal jurisprudence, the crime of theft is the only financial crime that is subject to Hudud crimes with special conditions. The Holy Qur'an, as the main source of Islamic law in verse 38 of Surah Ma'idah, has ruled that the thief should cut off the hands of men and women, and this ruling is considered as one of the limits; But it is clear that the details of this general rule must be sought in the light of tradition and statutes. By examining the verse of theft, we have benefited from the jurisprudential and legal interpretations that the application of the application of the amputation of the theft's fingers requires meeting some pre- requirements in the theft theirselves requires conditions in the person of the thief, the act of theft and how to do it and the stolen property. In addition, the execution of hadd also has conditions that not meeting them, hadd will not be performed on the thief. The present study has investigated the verse of theft through a descriptive- analytical method based on a jurisprudential and legal approach.

Child abuse is one of the social problems that has always had a high black figure. This means that many crimes leading to child abuse are concealed by the offender, society and even the victim for a variety of reasons. One type of child abuse is child sexual abuse, which has far more dangerous effects than other types of child abuse. This can have adverse effects on both the child's body and mind; And if this important issue is not dealt with properly, in the future, it can pave the way for the spread of this sinister social event, as well as changing the victims of this crime into future criminals. In the field of investigating the crime of child sexual abuse, including related definitions and how to deal with it and punish the perpetrators, we study the legal resources of the country as well as jurisprudential sources as a source of legislation in the country. The study of these cases leads to the assessment of the appropriateness of crime and punishment in this field and the possibility of taking measures to reduce this crime and punish their perpetrators, and the answer can be found to the question of whether these measures are in the field of jurisprudence and law. Can they deal with the crime and its ugliness properly?

Parental addiction, as a factor in reducing the positive functions of the family towards children, provides the grounds for children to be victimized in a defective and unfavorable family environment. Therefore, according to criminological criteria, parental addiction can be considered as a "dangerous situation" for children in the family environment. Such a risky environment may lead to the victimization of children wether by their parents, as intra- family factors, and others, as the external ones. One of the important issues that can be discussed in relation to the discussion of parental addiction and its effect on child victimization is that the prevention of child victimization in such families should be a task based on social responsibility towards Such children undertaken by the state and other concerning authorities and even by parents themselves. The result of this study is that this prevention can be implemented through the application of strategies that monitor the parents themselves or those who have somehow caused the victimization of children due to their parents' addiction, and strategies that monitor the situation (meaning, family environment). . The most important finding of the present study is that one of the main strategies that can be offered to prevent child victimization is to improve the skills and abilities of parents in parenting, which is based on the initial withdrawal of addiction and effort from addicted parents. To lead a healthy and purposeful life based on a sense of responsibility towards children. In this study, while identifying the concept of situational prevention or situation- oriented, we have examined three categories of economic, social, environmental and cultural factors as factors of child victimization in parent- addicted families and the most important strategies for situational prevention of crime. We have analyzed the vision of these children.

The crimes of children due to special circumstances require special justice system that utilizes institutions and special procedures, special attention to their crime. Children's justice system should be able to modify them on the one hand and on the other hand can guarantee fundamental rights to all over the investigations. The Code of Criminal Procedure 1998 given the lack of specific penalty in some cases to apply general rules to the children there. The Code of Criminal Procedure Act of 2013 special legislative procedure for preliminary investigation, trial and execution of judicial decisions relating to children and adolescents is defined. The penalties are in addition to those under 15 years of crime, investigation and prosecution duties of a judge and the family and parents in all stages of the criminal process involved with the criminal justice system work. According to the preliminary investigation of the prosecution and investigation by a judge or a request made by the investigating judge and the court of all the tasks that the law of the court is restraining the spur.

Judge knowledge is a method or principles that it should act in various ways to document and justify the verdict they issue. In the first stage, citing legal materials that are codified, and secondly, judicial statistics, and in the third stage, practical principles, it is worth mentioning that there are special practical principles, such as: Asalah al- Saha and its examples, which is a rule and the proof of which is the Qur'an. sayings- consensus – the lifestyle of prophet muhammad and his household (pbut)- and reason. But there are two types of decisions that judges make, one of the is orders (at the preliminary stage) , and the other is the verdict issued by courts concerning the cases of technical and specialized nature, so they are referred to expertise. therefore, to find the truth, the nature of the case finds som scientific aspect with judges, because they issue verdicts on the guiltiness or non- guiltinrss of either parties. nevertheless, judges may not issue verdicts while they are in a state of doubt. And is aware of the guilt and innocence or the declaration of guilt, whether it happened or not, and in any case, the judge can not rule with suspicion and suspicion, and this type of method is not correct. According to the codified laws, and if he does not find any cases, he will issue a verdict bassed on authentic Islamic sources or valid fatwas, and he will not be able to refuse to be examined and issue a verdict due to silence and shortcomings or brevity or conflict of laws.

One of the orders can be granted by the judicial authority for access to the accused party and the possibility of compensating the injured party is the order to "obtain a guarantor by determining the amount of bail". A legal person can participate in all legal activities and consequently have civil and criminal liability. According to Article 221 of the Criminal Procedure code, a legal person can also stand bailing. However, the the letter of the sentence in the mentioned note causes legal ambiguity and may conflict with some basic laws. The present study examines the conditions and limitations of legal person's standing bail by descriptive- analytical method and data collection by library method. The result of the research is that in the case of standing bail by a legal entity, a distinction should be made. The standing bail of a state legal person is generally against legal rules and unjustifiable. Bail is acceptable by a non- governmental legal entity with two conditions: the bail of the accused party in the interests of the legal entity and with the decision of the competent authority at the level of management of the legal entity. standing bail by the endowment, depending on its legal personality, is subject to compliance with the terms of the endowment letter or the agreement of the endowed against the special endowment.