مجله مطالعات فقه و حقوق اسلامی
پیاپی 34 (بهار 1403)

The sudden increase in prices, along with the relative stability of incomes, has caused new problems for many Dowry debtors, which has created new problems for the country's judicial system; Because according to the current situation, many debtors who are unable to pay the installments of Dowry, have again claimed liens and requested adjustments, and this has led to the accumulation of many cases in the courts and the increase in the number of prisoners who owe Dowry; While from the perspective of Imamiyyah jurisprudence, imprisoning a Muslim who is unable to pay his debt due to poverty has absolutely no merit. This requires that the nature of the seal and its essential difference from other debts should be carefully examined by jurisprudence. However, according to Article 22 of the Family Support Law, if the amount of the dowry at the time of the marriage is one hundred and ten coins of the full spring of freedom or its equivalent, its collection is subject to the provisions of Article 3 of the Law on the Execution of Financial Convictions, and according to the prevailing judicial practice, the burden of proof of debt is on is even This is despite the fact that according to the capacity of Imami jurisprudence, it can be proved: firstly, the dowry religion is different from other debts due to the difference of the principle of the marriage contract with other status contracts; Secondly, the requirement of the spouse's ability to pay is also a very important point that can be used in Iranian law. In this article, in which the inference method is analytical-descriptive, we have tried to use the above items to help strengthen the family and provide solutions to solve the problem of dowry cases.

Whether or not it was permissible to pay tribute to the person in trust with the assumption of humiliation of other conditions of mutual respect, despite being the place of development، It has not been addressed in the laws of the subject, but research in the jurisprudential sources، It is indicative of the challenge of this issue among the jurists of the wise and contemporary in such a way that three jurisprudential views can be designed: A group of jurists with respect and another group, on the condition of mentioning the prayer mentioned in some narrations, gave a license to be allowed to write; and some others gave a license with a license with a license. By examining the jurisprudential foundations of the problem and especially with the synergy of the jurisprudential foundations of the views of the people, the opinion-writers are based on the new perspective plan with a combination of the second and third perspectives؛ thus, in an assumption that other than the deposit, other property of the debtor is available to the owner of the right to know, the verdict of the deposit is a license with the fraud، But if only the property is available to the rightful owner, the same property is a deposit and the possibility of access to his other property is not in any way consistent with the second point of view، Can afford a license without aberration. Since the provisions of Articles 617, 619 and 620 of the Civil Code, which governs the necessity of rejecting the trustworthiness and sanctity of the wise، To the place of comparison, there is a discussion of the common lawmaker waiting to give the decision in detail in the type of purification of the people in the property of the deposit, the purification of the people as the pursuit of the law.

One of the issues of contract law is the presentation of criteria and effects of the division of contracts according to Imamieh and Iran's subject rights. Therefore, the main question of the research is what are the criteria and effects of the division of contracts in Imamieh jurisprudence and Iran's subject rights؟ The present research seeks to answer this main question and its related questions, so that, while examining the theories of jurists and lawyers in this regard, it can be a criterion consistent with Iranian law To divide the contracts headquarters from Imamieh jurisprudence and Iran's subject rights by analytical and citation method. The autonomous theory of research in the criteria and effects of the division of contracts headquarters is the integration of different criteria under the criteria of opposition and non-contradiction of contracts with the required rules and laws of the book and the age of comparison and its works.

One of the rules of jurisprudential and legal education is the principle of judicial protection of individuals, which means that no one is a criminal unless his crime is proved by a court of law، Therefore, the stripping of freedom and the restriction of the rights of individuals is subject to the existence of a definitive argument that the individual is guilty. This principle is so important that many of the basic laws have established this principle in their own constitutions. The Iranian constitution, given the importance of citizenship rights, has also laid the foundation for this principle in principle 3. But lawyers, given the negative effects that some crimes in society cause, are important crimes of the economic world، Safeguards and organized crime have been excluded from this principle and have stated that in these crimes, the criminal is sufficient and can be based on the execution of criminals، it limited some of the freedoms and rights that are created by the principle of innocence for individuals. This article attempts to provide an analytical and descriptive method and, by adhering to the principle of judicial proceedings, a solution in the face of important crimes of Ghana؛ Therefore, this research emphasizes that fish for important crimes of comparison and organization should be analyzed in the context of crimes that lead to the weakening of the Islamic system. In this regard, this article believes that safe and organized crimes are a crime of Baghi and the believer of the people who are recognized in the crime of Baghi، there are also crimes in these crimes. In this case, the confrontation between security forces and law enforcement with the perpetrators of these crimes is in order to establish order and security of your health؛ Therefore, their action is not a judicial act that is the basis for the principle of criminal offence.

According to the theory of transferred malice in common law, in cases of mistake in person, the criminal intent is transferred from the failed intended purpose to the finished unintended purpose and the committed crime, without regarding the predictive ability of the unwanted victim is intentional. In this way, the committed crime against the real victim is considered as the crime of the intended purpose and has the same sentence. Because, the intention is transferred from a definite purpose to an indefinite or accidental purpose as a face of malice; without the mental presupposition of universality. Therefore, the perpetrator is exposed to two intentional charges of starting to kill the intended person and intentional murder of the unintentional person with a primitive intent of killing man. But, according to prominent Shiite jurists and jurisprudential rule such as ((We intend not to do and we do not intend)), the murder sentence resulted from a mistake in person is unintentional. Also, the sentence of this type of murder in case of intent to kill a certain respectable person on the Islamic Penal Code of Iran approved in 1392, citing Articles 144, paragraph (a) of Article 290 and paragraph (c) of Article 292 and paragraph (c) of Article 291, except in the case of rule of the footnote of Article 292, it is considered as unintentional.   As a result, citing some jurists the theory of transferred malice or paragraph (d) of Article 290 of the Islamic Penal Code or even the title ((similar crime)) in the paragraphs of Article 290, with the motive of protecting human beings to make this type of murder intentional, is not acceptable.

The terrorist attacks of 1 September to the World Trade Center and the Pentagon building in the United States, in just one day, resulted in more than 300 victims. The main losers of terrorist acts and attacks are the victims of the view that these actions are essentially the violation of their basic rights, such as their right to life, liberty and property. The importance of supporting the victims of terrorist crimes is to the point that their compensation is inappropriate and inadequate by the conventional method of damaging other crimes. Right now، Terrorist crimes with variable figures and different victims threaten human life and cause descriptive-analytical research of this issue in this article that supports Efficient of terrorism offenders, what policies and measures are appropriate in criminal systems؟ According to the findings of the study, the real compensation of victims of terrorism based on the standards of international humanitarian law requires co-ordination and international action plans. Damage of victims from terrorist acts should be compensated without discrimination, regardless of nationality, race, color, religion, gender, and fairly, proportionate and timely. Facilitating the process of deleterization of the victims of terrorism is appropriate for the intervention of the public and private sectors to repair their material and spiritual losses, regardless of the identification of the factors of such actions: Adopting a special law for the protection of terrorism victims, increasing the powers of the police in identifying, arresting and arresting suspected terrorist acts, establishing the Office for the Investigation of Terrorism Victims، prescribing interference by NGOs in announcing the occurrence of terrorist crimes and filing complaints and effective presence in the proceedings، Providing free judicial services and assistance to the affected offenders and timely informing them of the proceedings, providing immediate and free medical and medical services، Exemption of the victim and its family from any taxes and judicial and medical expenses, use of resources and capacities of insurance companies, public assistance، Establishment of a special fund to support the victims of terrorism and immediate payment of damages to the victims are among the effective strategies for supporting such criminals.

The present study, based on the verses of the Qur'an and referring to the books of interpretation, validity and legal, is the source of the differences in opinion of experts in the field of corruption and its examples؛ Therefore, in a library way, the root of ^ and then the verses are extracted from the verses, and then the verses are presented, the study and interpretation of the corruptors and different votes in relation to them. The findings of the study indicate that what has become the place of differences in the opinion of jurists and jurists has been interpreted، The interpretations and, most importantly, examples of the provisions of the lawful understanding of verses 33-32 of Sura Maedeh under the title of crimes of corruption on earth. The use of two titles of Moharebeh and Corruption on the face of the earth together, especially in verse 33 Surah Maedeh, has caused the controversy whether the two terms have the same examples or this Each of them has separate concepts؟ In the Holy Quran, corruption in meaning: perishing, bloodshed, sorcery, disobedience to God’s command, killing، Lack of rain and oppression has come and in the legal and jurisprudential terms, the crimes of comparison have been met with the title of Corruption on Earth. The achievement of the research suggests that corruption is not the independent criminal title of comparison to Moharebeh، It is a general title that all crimes are placed under its collection because they are against peace and good. Corruption on its own earth is not the subject of the verdict, but in the term of the expert، Reasonable intermediary and scholars are in the field of punishment and between them the relationship of the whole of England and the part of the daere, and in no verse of woman or man being the enemy and the corruptors of the unknowable and wise in comprehensive terms of understanding According to the verb of Moharebeh, in general, verbs in the Quran have been mentioned in the form of verbs.

The famous jurists of Imamiyah and, consequently, the Iranian civil law, consider the consent of couples in marriage to be a condition of the influence of marriage and consider marriage to be non-observant؛ So that if Makrana allows the contract after the decline of the reluctance, the contract will be effective and if the subsequent consent is not added, the contract will be corrupt. But followers of some Islamic religions, including the guilds, consider marriage to be correct and other Islamic religions, consider it invalid from the beginning. Despite the difference in the sentence of marriage between Islamic religions, if such a marriage between two of the two religions is carried out with a contradictory view, it will lead to conflict in the sentence؛ For the religion of one of the couples considers marriage to be correct and the other considers it to be false. This research, developed in a descriptive-analytical way, suggests that the existence of such a problem, since it has caused disruption in society، It withdraws from the circle of private rights and takes a public aspect; therefore, according to the rule of negation of the disorder of the system، criterion of public order and the interest of society and preference of the viewpoint in favor of caution for resolving the existing conflict، It should refer to the law of the country that is non-invasive to the contract and resolve the conflict with the common law between Article 12 of the Constitution and Article 1070 of the Civil Code.

The emergence of newly created institutions leads to the formation of new rational structures, which it seems necessary to examine their validity in order to solve emerging issues. The issue is, what is the validity of this range of buildings? It is assumed that contemporary intellectual structures have intrinsic validity. Famous scholars believe in the non-intrinsic validity of rational constructions, so they face restrictions and difficulties in confronting invented constructions and discovering the consensus of the Shariah. The positive result of the upcoming research is the unpopular theory, that is, the inherent validity of rational structures, especially contemporary rational structures. By looking carefully at the Usuli works of Imam Khomeini (RA), the conclusion is reached that the view of His Holiness is different from the Usuli scholars. In this way, they adopted the theory of non-deterrence in relation to non-invented constructions while accepting the validity of credit. But regarding the contemporary rational constructions, it can be said that it believes in the inherent validity, because it is rationally (to us also rationally) acted on it, and failure to adhere to them leads to difficulties and embarrassment and disruption of the system. The rule of attachment, grace and expediency element strengthen this view. The upcoming research has addressed this issue with an analytical and descriptive method.

Islam’s criminal policy towards child delinquency has not been sufficient only to cover up and support children against delinquency and response to child delinquency at the time of crime is part of the policy Criminal is Islamic jurisprudence. Restorative justice, in turn, and to others, can be considered a factor for the prevention of child delinquency at risk and in some way provide security for their personal and social health. There are many effective institutions at the heart of the prevention of delinquency of children and at-risk adolescents, relying on the goals of restorative justice, to reduce crime and crime, children and adolescents try to reduce crime. According to the study of jurisprudential materials, it seems that there is a close relationship between the teachings of jurisprudential and restorative justice. In addition, the theory of restorative justice in the field of children is among the necessity of ^ and applications of this theory in jurisprudential standards. Therefore, it is suggested that in the application of restorative justice in the field of children at risk, delinquent or delinquent, the jurisprudential and ethical principles of Islamic Islam should be used. In this regard, the Islamic community should not move away from these standards, but rather, it should implement these principles in the proceedings of ^ children. This article is about Koshd with a descriptive-analytical method and with an emphasis on the criminal law of children, to explain the field of 3 jurisprudential and restorative justice in Iranian criminal law.

Social identity of nations forms in connection with the cultural and historical heritage left by the ancestors. It is considered the preservation and maintenance of cultural heritage as one of the most important duties of governments. Unfortunately, the superficial and fanatical (gheshri) interpretation of monotheism has led to irreparable damages to ancient objects. To prevent the destruction of cultural heritage, the jurisprudential solutions are divided into two parts. First, those examples of cultural heritage such as an idol, which was a symbol of polytheism in the past, are examined precisely based on the jurisprudential criteria, their characteristics are cancelled, and then this rule is extended to similar cases. Second, the governmental attitude based on that the old and ancient monuments are examples of Anfal (public wealth) and as a result their ownership and management is in government's hands should change, since the difference between the examples of Anfal in jurisprudence texts implies that public wealth is a flexible concept and the applicative interpretation of the monarchy rule has caused serious damages to cultural heritage, especially ancient monuments. Therefore, to change the customary concept of ownership and to limit owner's authority in order to comply with collective rational standards (law) can be very useful and beneficial.

In domestic law, some forms of remedies for breach of contractual obligations, such as the obligation to execute a commitment, termination of a contract and claim for damages, are in common with what is stated in international documents. However, some of the practices in these documents are not in Iranian law and are specific. Such as judicial penalty, interest payments, price Reduction, and resale of goods. Given the progress and dramatic increase in contractual relationships amongst the community, strengthening domestic rights in this field seems necessary. International documents contain regulations on remedies that, in quantitative and qualitative terms, allow for fair and complete compensation for damage. Therefore, their generalization to domestic law will provide the objective of realization of liability, the full compensation of damages, as appropriate. However, it is not possible to pay legal interest in domestic law, but predicting other international remedies will strengthen Iranian law in this regard.