مجله مطالعات فقه و حقوق اسلامی
پیاپی 14 (بهار و تابستان 1395)

One of the crimes increasing in today's society due to technological advances is homicide and murder in cyberspace. Taking place in virtual world, it is consequently incapable of being proved by clear evidence (giving true witness by two men, BAYENEH and QASAMEH). The purpose of this study was to investigate the possibility of murder in cyberspace as well as providing some proofs, giving some instances, considering how it can be proved and sentencing for cyber crime offenders by conforming to the traditional type and analyzing the evidences in this respect.

There are few days when we do not witness a number of driving accidents specially collisions with an amounts of wastage resulting therefrom. Wastage which Sometime are left unattended to for hours, even days, causing more accidents and losses. Who is liable for later losses caused by the earlier damages and what is the basis of liability, is something difficult to decide particularly because of lake of express regulations in this case. So, considering the field of the issue and the content of concerned Acts and regulations, it is recommended that article 10 of amending Act of the Act for compulsory insurance of civil liability of terrestrial vehicles against third parties, is amended or completed in some way that covers clearly the losses and damages involved in this research.

Today codeshare flights are recognized as a proper tool as a routine to operate in international air transportation and are important as an integral part of the operation of an aviation company, which has clear consequences for parties to such agreements. This paper aimed to explain the legal nature of codeshare agreements and to reviewing the legal consequences of such procedure in air transportation agreements. Although a transportation agreement between passenger and aviation company or air travel agency may be subject to the general rules of agreements, the effects of codeshare agreements between two aviation companies become more visible when it comes to, for example, the civil liability arising from plane crashes, which makes it even more necessary to study the nature thereof. Here, it was tried not only to study codeshare agreements, but also to clearly define the concept of contractual carrier and actual carrier and various codeshare agreements; however, finally it was concluded that the analysis of codeshare agreement based on Article 10, Civil Code, was consistent with the legal logic and the realities of the aviation industry.

There are disputes and in turn doubts about the judge's science; whether in its principle of authority or its exploitation territory or in its meaning and purpose. It seems that significant part of differences is due to the lack of understanding the nature of the judge's science. In the realm of religion and law, what is important is the realization of science. And approximately, if not by research, the purpose of science in above area is not the rational or logic which is concerned in epistemology and philosophy. In the judiciary territory which is a part of law framework to community cohesion, this science can not have other conceptual domains. Knowledge of the judge is the same science that naturally is obtained through conventional methods and in jurisprudence, science that is obtained through conventional methods is certainty normal science. This certainty normal science is the same principles certainty that is distinguished from logical and philosophical certainty. So, judge's science is the same certain normal science. Of course, for many, this science arises in the field of suspicion. And introduced by the interpretations of suspicion lead-knowledge, common knowledge, prevailed suspicion, semi-certainty and etc. But in terms of research, this normal science is the same principles certainty all jurists emphasize the requirement of it in the judge.

Islamic government claims execution of divine punishment in the “Absence” period. However, in some cases, carelessness and discounts in execution of these punishments, without closure of them, has been specified by Holy legislator. “Dare” rule is one of the rules that achieved from the tolerance procedure of Holy legislator in execution of “Hodud”. The content of this rule is placed in 2 Articles of Islamic penal code. Contents of these article shows that this rule is interpreted so wide in compliance with the jurists that believe the closure of Hodud in “Absence” period.
So study of these articles and review the content of this rule, in the way that Hodud is be implemented and also the tolerance procedure of Holy legislator is followed, is inevitable. This article by analytical method, using jurisprudence sources in this issue and considering the way of elicitation of this rule, is tried to submit new interpretation of this rule that includes only the certain cases.
The findings of this article show that “Dare” rule includes Hodud in its special meaning and Tazirat punishment which is related to divine right. Also this rule includes mental element and criminal responsibility and is apart from legal and physical elements of crimes.

As a main element of contracts and unilateral contracts, will has always been focus of attention of Lawyers and jurists but they have never focus on it as an effective element in inheritance neither independently nor dependently because they assume rules governing inheritance as mandatory norms. Lack of attention to said issue is rooted in the fact that the prominent view as regards the rules applicable to inheritance is that inheritance is by nature completely non-optional and rules applying thereto are among peremptory rules. In this paper we try to prove that devisor can change rules governing inheritance directly or indirectly. Some of lawyers and jurists in some cases have accepted effects resulting from such voluntary actions. Relating to this, lawyers and jurist's point of view also will be mentioned and subsequently assessed.

Two theories of frustration and force majeure almost refer to the same subject, namely, the impossibility of performance of the commitment or contract. However, although they are very similar in theory and practice, they have differences that distinguish one from the other. For instances, frustration of contract has a wider scope, compared to force majeure. However, in comparing the theories regarding changed circumstances and hardship of performance of contract and theory of frustration, it should be considered that in the former, the performance of contract is not cancelled but faced by high hardship and cost, while in the latter, the performance of commitment or contract either becomes partly or completely cancelled as applicable or, if it remains possible to perform, it becomes essentially different from what is originally agreed and intended by the parties. Thus, according aforementioned theories, they are similar, they may not be considered as identical. Briefly speaking, theories of changed circumstances and hardship of performance of contract have a wider scope than that of frustration of contract.

The important question regarding such cases is if the sum of such amounts should be paid as blood money (Non-Interaction Theory) or payment of the largest of such amounts releases the perpetrator of liability for blood money (Interaction Theory). jurists consensually believe that when several bodily harms have been caused by one single strike and such harms have led to the death of victim, blood money of members and profits overlap with blood money for death. If this situation happen by numerous consecutive strikes, interaction prevails over. Of course, if numerous strikes inter with time space and well- being between them, non- interaction theory prevails over. In this case custom invocation homicide to strikes appoint interaction or non- interaction. In all of cases in doubt non- interaction is a principle.

“Dastarmy” or “Dastdarmi Right” is a common law which is belonged to the Northern region of Iran And particularly has been common in Mazandaran, and is also called “Karafe” and “Tabartarashi”. “Dastdarmy right” is accepted in these areas as a certain norm and transactions relating to it is common between people. “Dastdarmy” is in group of land dependent laws and is directly taken from the norm and custom which controls the relationship of landlord and farmer in agricultural land. This common concept has been recognized and confirmed in some rules explicitly or implicitly, and also there are several votes in Judicial procedure which confirm it. From Material View Dastdarmy is a financial right which is Very similar to the right of business or profession or trade in commercial places.

Among very important and influential issues involved in automatic liability are two issues of “combination of perpetrator and cause” and “combination of multiple causes” in committing loss. Article 526 of Islamic penal code covers the former while Articles 533 and 535 address the latter. However, there are two important criticism that can be raised against the legislator: first, the legislator fails to hold one stance in these articles; and second, provisions of the said articles are intrinsically problematic and questionable. Explaining the reasons of and providing a critical analysis of the change of stance of legislator in the said articles, this research provided a comparative study and suggested the view we deemed to be better in terms of quality of liability of multiple perpetrators of loss.