نشریه فقه جزای تطبیقی
سال یکم شماره 2 (تابستان 1400)

The application of jurisprudence in the legislative or judicial process, often in the legal system and notably in criminal law, faces a number of challenges, including the emergence of disagreement among jurists on some topics. In order to become legislation, jurisprudential fatwas must be methodical and consistent with other regulations. The purpose of this article is to deconstruct a few selected fatwas that have been used in legislative and judicial proceedings. For this purpose the quantifiable metrics of 1- Guardian jurists' (Vali-ye faqih) fatwas, 2- popular jurists' fatwas, 3- the final opinions of the Islamic Republic of Iran Guardian council's jurists, 4- the fatwas of the most highly educated jurists, and 5- the efficient fatwas that are most related to the interests were investigated. Finally, based on the aforementioned quantifiable metrics, a fatwa that is more efficient and has jurisprudential validity will be introduced. This article, in addition to demonstrating the founder of the Islamic Republic of Iran's jurisprudential thoughts and governance method, also illustrates the Iranian legal system's effective capacity, in order to ensure the observance of Islamic regulations and to contribute to the development of the Iranian legal system's performance.

A child-friendly city is an important category in the field of social security and urban management, the realization of which enables children to engage in social activities and interactions without violating their rights, and police actions can prevent the violation of these rights. The present study was conducted with the aim of futuristic analysis of child-friendly cities, in order to investigate the impact of the actions of the police of the Islamic Republic of Iran. The method of this research was qualitative and content analysis using Shannon entropy method. According to the mission of this model, the statistical population is 250 documentary data available in the city of Mashhad, which have been collected by various centers such as welfare and police. The statistical population and sample size are equal. The analysis unit is the documents available in the welfare and law enforcement of Mashhad city (in the form of university research). The results show that social security is objectively manifested with five general axes and twenty-seven components with different and different coefficients of importance. Interpretation of data by Shannon entropy method, which is the coefficient of importance in the research, respectively dimensions (creating a home zone) with a coefficient of 206%, (monitoring public places and service categories) with a coefficient of 212%, (improving disciplinary methods and changing reaction norms) With a coefficient of 201%, (change in the structure of the police) with a coefficient of 196% and (accountability of institutions by the police) with a coefficient of 193%.

In this paper, the Islamic view of the principle of the implementation of punishment is expressed and then the components of human dignity in the punishment of adultery are discussed in two parts. First, the stage before the execution of Hadd, under which discussions such as why the punishment, the difficulty of conditions from the implementation of Hadd, the insistence of religious leaders on the lack of proof of the crime and the happiness of the Ali (PBUH) from the fall of Hadd, and then the stage of the implementation of Hadd and some of its characteristics Like Islam’s unpleasantness of observing the penalty scene, considering the dignity of the weak (the child resulting from adultery) in the process of punishment and finally imposing restrictions on the implementation (relative to the criminal's body and the time of execution) have been discussed.

A child-friendly city is an important category in the field of social security and urban management, the realization of which enables children to engage in social activities and interactions without violating their rights, and police actions can prevent the violation of these rights. The present study was conducted with the aim of futuristic analysis of child-friendly cities, in order to investigate the impact of the actions of the police of the Islamic Republic of Iran. The method of this research was qualitative and content analysis using Shannon entropy method. According to the mission of this model, the statistical population is 250 documentary data available in the city of Mashhad, which have been collected by various centers such as welfare and police. The statistical population and sample size are equal. The analysis unit is the documents available in the welfare and law enforcement of Mashhad city (in the form of university research). The results show that social security is objectively manifested with five general axes and twenty-seven components with different and different coefficients of importance. Interpretation of data by Shannon entropy method, which is the coefficient of importance in the research, respectively dimensions (creating a home zone) with a coefficient of 206%, (monitoring public places and service categories) with a coefficient of 212%, (improving disciplinary methods and changing reaction norms) With a coefficient of 201%, (change in the structure of the police) with a coefficient of 196% and (accountability of institutions by the police) with a coefficient of 193%.

Judicial security has been defined as the proper, timely and unbiased functioning of the judicial system in order to achieve specified objectives and public confidence in regards to its operation. Judicial security could be divisible and deserves to be studied in two theoretical and practical levels and also two legislative and executive stages. ‘Rationality’ points to man’s power and capability to make smart decisions. Tradition, habit, emotion and blind following are the opposite points of rationality. The author while expounding the concepts of judicial security, rationality and expediency, intends to evaluate and measure the extent of attention paid to the topics of rationality and expediency and their components by Iranian legislators who approved Islamic Penal Code in 2013. The author hypothesizes that lack of attention to expediency and rationality in legislation threatens citizens’ judicial security, numerous instances of which can be found throughout the above act.

Confession is one of the proofs of crimes. Since the confessor expresses news to his detriment, in Islamic jurisprudence and also in Iranian law, he has a special place in proving crimes. It is accepted in both Iranian law and Islamic jurisprudence, but because of the effects of proving these crimes in terms of the type and amount of punishment, which sometimes leads to death, as well as in terms of reducing the social status of the offender and sometimes the victim (in cases where the judge tries to prevent such a person from confessing to such crimes, which is undoubtedly in line with the offense that is approved by Islamic jurisprudence and in order to prevent labeling. In 2012, in Note 1 of Article 102 of the Code of Criminal Procedure, in line with the aforementioned policies, the Criminal Legislator obliged the judge to advice in order to cover up the crime and not to confess to the accused who initially intends to confess if he has no plaintiff. An important issue that has been addressed in this article is the limitation of the practice of preventing confession in crimes against chastity.

Attracting foreign investment is one of the most important requirements for economic growth and development, which has been seriously considered by various countries in the past decades. One of the most important platforms for attracting foreign investment is the existence of an efficient legal system. Legal criminal policy plays an important role in this regard. The descriptive-analytical study of Iran's legislative criminal policy approach to foreign investment shows that despite the requirements related to foreign investment in jurisprudential texts and doctrines (including the rules of negation of difficulty and harm, the sanctity of contributing to sin and harmlessness), in The aforementioned criminal policy, challenges and shortcomings are visible in order to criminally support foreign investment. Challenges such as criminal populism, criminal managementism and securityism and shortcomings such as the lack of comprehensive criminal protection of intellectual property rights standards, lack of stability in the relevant laws and also the lack of coherent criminal policy, each of which in a way, the effectiveness of the current legislative criminal policy system. In order to support foreign investment, they have faced serious doubts. It seems that the approval of a comprehensive law regarding foreign investment and avoiding the adoption of procedures based on scattered legislation in connection with this issue is the first and necessary step in solving the mentioned problems.

Transgenderism is one of the important issues that has always been the subject of debate from the point of view of jurisprudence and law. In this paper, an attempt is made to address this important question that what are the rules governing the blood money of transgenders from a jurisprudential point of view? The present paper is descriptive and analytical, and the mentioned question is investigated using the library method. According to the findings, transgenderism is a type of gender disorder in which the affected person is psychologically dissatisfied with their gender identity and tries to change gender. From a jurisprudential point of view, if a transgender person is recognized as a woman, the blood money of a woman is considered for her according to jurisprudential rules, but these people generally change their gender and become their desired gender identity, in this case, their blood money is subject to the changed gender. The criterion for calculating the blood money of a person who has changed gender is the time of claiming the blood money and not the time of the injury, therefore, the blood money of these people is calculated and demanded based on the new gender, even if the gender change is performed under the supervision of a specialist doctor and in compliance with medical standards between the time of the accident and the time of the claim, the blood money of the person will be still calculated with the new gender.

Telesurgery is now a new technology in medical science. This innovation has caused the rights of patients, physician's responsibility and factors affecting surgery in the countries using this technology to undergo changes that traditional laws do not respond to.  This technology is an emerging science in Iran's medical system and legislative system requires a dynamic legal system in this regard. Considering the advancement of science and technology and consequently the lifting of distances between patients and physicians, appropriate mechanisms should be considered to ensure the safety of patients' lives and health, and also the surgeon should not risk the lives of patients with their negligence. On the other hand, society should not be deprived of surgeons' services, as the imposition of responsibility on physicians and accompanying teams removes their order and consequently opts out of providing medical services to patients. Although the results of this study show that in many cases, crimes caused by telesurgical surgery are a new face of old crimes of the same nature, but it seems that there is no other way to protect patients' rights than to enact new laws and regulations in accordance with the nature of these crimes. For the importance of the issue, specific laws should be enacted.