نشریه دین و قانون
سال پنجم شماره 16 (تابستان 1396)

The present study mainly investigates the ways of achieving security in Motahhari's thought. The security concerns around the world, especially the Islamic world, require more attention to the issue than ever before. In this paper, through a descriptive-analytical approach, the mentioned problem has been discussed. In a general classification of Motahhari's thoughts, we can speak of two categories of security mechanisms: soft and hard. Soft tools include two categories: ‘ijabi and salbi1. The important achievement of the article is that some explicit points about security can be extracted and presented from among the martyr Motahhari's works. Also, a large part of his critiques to the secular security schools as reflected in the text of the article is visible. The researcher claims that from the discussions of Professor Motahhari, the transcendental and divine approach to security is inferred.

The need to compensate for the losses caused by government and state employees to natural or legal persons, under the title of civil liability of state, is a prominent example of the accountability of the state in its general sense, which is typically the equivalent of the term regime. Although the history of the definition of civil liability of state in Iran is not as long as other countries, its roots -although indistinctlycan be traced in the laws of The Persia Constitution of 1906. This has continued in the ordinary law, and especially after the formation of the Islamic Republic of Iran, has had a significant expansion, particularly, in the Islamic Penal Code of 1392 and in the same year's ruling. The purpose of this article is to emphasize the necessity of the expansion and completion of the principles and materials related to the civil liability of state in various laws and the codification of comprehensive civil liability law in the territory of the state and public institutions, with reference to the reflection of such a liability in the laws of some countries. Consequently, the report of the growth of what was mentioned is obtained in the laws of Iran and then, in pursuit of this objective, several proposals have been made in generalizing the civil liability of state in the Constitution of the Islamic Republic of Iran as well as the ordinary laws, such as the inclusiveness of deliberate assumption.

National security is one of the most important political and legal issues in each country. To grasp this significant concept, one should take the threats and immunity and also the factors eliminating the threats into consideration. In preserving the national security, the existing threats to the country is detected, and in case it is realized that the threat has penetrated to the society, through stablishing and applying rules and regulations during an emergency, the crisis is managed. Although Iranian parliament is one of the pillars of national sovereignty, it has no role in national security during emergency, and it is the Supreme National Security Council’s responsibility to manage the crisis. However, except the confirmatory approval of the decisions of the council by the Iranian Supreme Leader, the ratified decisions are not monitored by another entity. Judicial supervision and the compensation for possible losses which occur as a result of the enforcement of these laws can be part of the monitoring process regarding the rules and regulations of the management crisis.

One of the fiqhi principles is respect (also mentioned as rule of respect) as the basis of civil liability. In spite of mentioning some Quranic verses and the methods of elite scholars of jurisprudence as proofs of the rule of respect, it is believed that the most important source for proving the rule of respect is the related ahadith. The question is, can the ahadith related to respect, as a fiqhi principle, justify ḍiman which is a contractual or contract-based rule and also is the basis of civil liability? In the present study, by not accepting the views of the jurists who extracted ḍiman from the hadith " ملل الیحل "المسلم اال عن طیب نفسه 1 , the implications of the two ahadith, “ذهلب الیصلح " حق احد " حرمه ملله کحرمله دمله" and 2 3 , regarding ḍiman are accepted, and then by rejecting the proposed objections, it has been proved that according to a more acceptable view, the latter hadith is on respecting the believer, and respecting to the believer considering taklifi1 hokm (verdict) merely as not to seize the Muslim property is not in harmony with that; however, the actual respect is based on not permitting the seizure or confiscation of the property of the owner without his/her permission, and this respect also should mean ḍiman or guaranty in case of the loss of wealth or property.

In 1358, the legislators of the Constitution of the Islamic Republic of Iran stipulated that judges must refer to Fiqhi reliable sources and fatāwā (religious verdicts), and since then, this particular type of launching into criminal law was the starting point for major debates between lawyers and judges in the field of theory and practice. Majority of the lawyers for some various reasons, especially the opposition of the provisions of Article 167 to the principle of ‘the legality of crimes and punishments’, ambiguity in recognizing valid Fiqhi sources and fatāwā, and the opposition of such measures to the philosophy of legislation in the Islamic state, intend to limit and reduce the scope of this principle, so that the provisions of this principle cannot be applied to criminal matters. But on the other hand, judges face with legal obligations to refer to fiqh at a time of defect, as well as the ambiguity and silence of the laws. In this paper, while expressing different views on this subject with reference to the final decision of the legislators in 1392, as well as finding the jurisprudential roots of the subject, and also focusing the philosophy of the legislation in Iranian legal system, judges’ reference to fiqh is only possible when the cases are limited to Shari'a criminal laws or in cases of ambiguities related to qisas1 and diya2 , and it has been introduced as the opposite point of ta’zir3wherein there exists not such a possibility.

Poverty alleviation from the view point of Islam is not limited to paying cash to the needy. Studying religious resources about poverty shows that poverty alleviation is a set of strategies that none of them alone can eradicate poverty, but it is through interaction of these strategies that poverty can be eradicated. Investigating poverty alleviation strategies in Islamic resources and Iran's economy, with a systemic attitude, indicates structural deficiencies in the Iranian economy for fighting against poverty. Lack of harmony in manufacturing systems, the consumption culture, wage and salaries management system, the social security system and the tax system with the goal of poverty alleviation are some of these shortcomings which need to be reformed. Remedial suggestions include the determination of minimum salaries above the poverty line, the modification of the procedures for implementing labor contracts and the encouragement of cooperative contracts, the reform of the social security structure to support the disadvantaged groups, the reform of the tax system during economic boom and stagnation, the reform of the production structure and creation of the required incentives for a non-wasteful high quality production, and ultimately the correction of consumption pattern.