نشریه دین و قانون
سال هشتم شماره 30 (زمستان 1399)

According to narrations, consensus of foqaha and legal texts, the oath of the defendant in court, if done with the request of the plaintiff and the permission of the judge, as long as it has not been refuted by the defendant or the judge, has external and internal effects such as the peremptory termination of the plaintiff's action, extinction of the right of retribution, the extinction of the right of demand, and so on. Of course, these effects appear when the oath is true and enjoys all the requirements, but the false oath, in addition to the afterlife punishment and legal punishment for the oath, does not create any change in the fact and the position of proof, and the defendant is still under an obligation and indebted and obliged to pay the debt, and the property is in possession of the right holder. There are four possibilities proposed as to whether the main cause is the oath itself, the permission or ruling of the judge; the strongest of these is the probability based on which, effects are the judged property that is issued on the basis of the oath, or in other words, an oath can be effective that the rule of judge as a concurrent condition goes with it.

Through resorting to the commands and recommendations contained in Nahj al-Balaghah, the present study seeks to specifically address preventive social strategies of embezzlement as a crime in order to reduce the incidence of this crime. In general, the results of the present study try to present the preventive teachings of criminologists according to the teachings of the valuable book of Nahj al-Balaghah in the field of embezzlement in a categorized and systematic way, so that the executors of the criminal justice system can be required to operationalize such teachings. The important question of the article is to what extent are the teachings of Nahj al-Balaghah consistent with preventive criminological approaches? This research has been done by theoretical and analytical method and with a functionalist approach, in the form of description and analysis of materials, and the systemic approach and the related concepts in relation to crime prevention has been used. The method of research is documentary analysis as a research method or data collection technique. The study ultimately suggests that the new teachings of preventive criminology are in line with the approaches and teachings of Nahj al-Ablagheh, and thus taking advantage of preventive solutions are proposed to those in charge of criminal policy

One of the most important issues in any society goes back to the field of family. Throughout history, family as the most important and main social unit has always performed important duties towards society. For divorce is one of the components affecting family instability, its study is very significant. At the same time, the study of the family in today's societies shows that families face many challenges, including child abuse, spouse abuse, domestic violence, and the family disintegration phenomenon which are all some of the most important factors in the occurrence of social harms. Divorce is a social phenomenon for which several factors are involved including lack of mutual understanding of each other's behavior, not giving sexual submission, unemployment, addiction, etc. To reduce and prevent this social harm, Islamic jurisprudence and status law have provided solutions such as arbitration, mediation, peace and reconciliation, and advice, each of which in turn are effective in strengthening family ties. The present study presents the most important legal jurisprudential solutions, including arbitration and mediation, to prevent the social problem of divorce.

Our country's penal system is facing some challenges in relation to crimes committed against women, which make it difficult for female plaintiffs to achieve their rights. The slightest of these challenges is the mistreatment of those involved in the penal system, which is often accompanied by harshness, blame, and insult against female plaintiffs, as well as oversimplification of the crime and accusation of the female plaintiff. Moreover, if the offender is a wife or a female relative, she is expected to remain silent. Even if she complains, since she has no financial support may lose her place of residence or risk her life in the future. The bigger problem is in the cases of rapes wherein the need to file a complaint in the provincial capital court, the existence of unusable evidence, the masculinity of the judicial system and the prohibition of the prosecution from pursuing and investigating make a female plaintiff get in trouble in achieving her rights and proving the crime of rape against her and sometimes the case even goes so far as to consider her a female accomplice

order to justify the requirements of the labor law at the time of its adoption from fiqhi-usuli[1] perspective, serious negotiations and disputes were raised among the related thinkers. The requirements of the labor law were in clear conflict with the basic provisions of traditional fiqh and the general rules of contracts. In principle, the employment contract is considered a subcategory of hiring the individuals, and any interference in the personal and private relations of the individuals will require fiqhi justification. Some tried to justify these requirements based on the rules of traditional fiqh, while others tried to explain the need for changes by citing the objective needs of society. One of the serious justifications proposed at the time of the adoption of the Labor Law was the inclusion of the employer's obligations in the contract, which is not analytically acceptable, and even lastly in the final version approved by the Expediency Discernment Council of the System, this basis was not mentioned, nor referred to. In the present study, an attempt has been made to examine the plausible justifications for the requirements of the labor law by specifying the new arguments having been debated and accepted by the scholars in the science of usul al-fiqh regarding their hojjiyyat[2]. Among these arguments, we can mention the necessity of hokm-e hokoumati[3] and the autorities of Valiye Faqih, maslehat[4], masaleh morsaleh [5], and mazaq-e sharia[6]. In this paper, through library method of research and descriptive-analytical method, the data are collected and examined respectively.

The subject of the present study is a critical review of the generalities of the bill ‘Ensuring the Security of Women Against Violence’ submitted by the government and the amendment of the bill entitled ‘Protection, Dignity and Security of Women Against Violence’. Descriptive-analytical approach is adopted in the study, and the data is collected through documentary method, referring to the related literature, studying the related conferences, and conducting elite and expert interviews. Outlines of critiques were expressed in fourteen areas, and finally amendment strategies were proposed