احمد باقری

Frequent judicial decisions in similar cases are known as judicial procedure. This event, as one of the sources of law, has a significant role in the development and excellence of the rights of societies. But one of the questions that has always been asked is why judicial procedure in the general sense has not had a proper place in Iranian law? Since Iranian law originates from Islamic jurisprudence, the reason for this is the incompatibility of jurisprudence with Islamic rules, to the extent that a number of jurists have denied the principles of jurisprudence in Islamic law. While examining the conduct of the wise and its authority from the perspective of Imam Khomeini and some experts, the functions of the judicial procedure were also explained. It is considered and thus can not be considered an obstacle to the application of judicial procedure in the general sense (rule-making procedure) in the Iranian judicial system.

This study presents an innovative approach to eliminating the pharmaceutical pollutant diclofenac sodium (DFS) by combining nanofiltration membrane technology with an electrochemical oxidation process. The nanofiltration membrane was prepared by phase inversion, and modified with cetyltrimethylammonium chloride (CTAC) to improve surface properties and pore structure. The concentrate from the nanofiltration treatment has been utilized as the input feed for the electrochemical section, employing Ti/SnO2-α-Fe2O3 electrodes. The PES/CTAC membrane exhibits a more uniform and stable pore structure, leading to increased permeability and antifouling properties. Additionally, the inclusion of CTAC through the surface adsorption mechanism improved the DFS rejection performance, achieving a maximum rejection rate of 65.2% for the membrane with a composition of 0.1 wt% CTAC. The obtained results show that the titanium electrode coated with SnO2 and α-Fe2O3 nanoparticles removed the DFS pollutant by 56%. In total, both membrane and electrochemical process removed 80.5% of the primary Diclofenac pollutant. According to the low energy consumption of this process (EEC=0.014144 US$/m3) and other results, the combination of the PES/CTAC membrane and Ti/SnO2-α-Fe2O3 electrode is an efficient method for diclofenac sodium pollutant removal.

Cryonics or cryopreservation is one of the newest topics in biomedicine and has been able to keep incurable patients with some hope of recovery. Considering that in cryobiology, the heart and brain and all body mechanisms are stopped and bringing people back to life is currently not a practical possibility, we are faced with the question of whether it is permissible to freeze incurable patients from a jurisprudential point of view or not? In this research, we intend to discuss the permissibility or impermissibility of cryobiology by analyzing the nature of freezing.

This research has been carried out by descriptive and analytical method and using library tools. First the nature of freezing and then the jurisprudential validity or invalidity of freezing has been discussed.

The examination of Shari'i evidence shows that, considering that the freezing of a patient is considered a type of death that can be proven in the theory of unstable death, and currently there is no practical possibility to revive such people, the freezing of incurable patients is not allowed from the Shari'a point of view.

Taking an oath and Qasamah are two reasons to prove criminal claims. In this paper, an attempt is made to address this important question that is it possible to use taking an oath and Qasamah in proving blood money for body parts and interest? Legal texts and jurisprudential and legal foundations show that although apparently taking an oath can be used in proving financial matters like blood money, but this proof seems to emphasize only testimony; thus, providing testimony beside an oath is actually only one testimony and cannot be considered as oath. The present paper aims to validate taking an oath and Qasamah in proving blood money for body parts and interests. The method used in conducting the study is descriptive-analytical. Library data collection and comparative approach was done to investigate its jurisprudential validity. The findings indicate that, in the event of dispute between victim and criminal regarding loss of interests, it is provable with Qasamah. According to well-known comment by jurists and legal procedure, Qasamah in injury accrues blood money, not Qisas. But, with support of some jurists' comment, we can suggest that in case the crime results in amputation, one may suggest Qisas due to performing Qasamah.

The present study used Flow-3D to investigate the effect of installing netted collars with different shapes on bridge piers. The results showed that installing netted triangular, circular, square, and rectangular collars with a hole diameter of 0.1 (d/D) reduced scouring by 49.5, 52.2, 52.7, and 56.5 percent, respectively, compared to the case with no collars. A hole diameter of 0.15 (d/D) for the same shapes resulted in reductions of 46.1, 43.3, 44.2, and 49.3 percent compared to the case with no collars, respectively, and the reductions for a hole diameter of 0.2 (d/D) were 15.9, 24.8, 26.4, and 26.5%, respectively. Moreover, increasing the collar hole diameter (d/D) intensified scouring, such that an increase in diameter from 0.1 to 0.2 increased scouring by an average of 44.1 percent.

Reforming and rehabilitating criminals has been one of the important and necessary topics of society throughout human life. The Islamic penal system, in dealing with crime and criminals, has never been oblivious to its main goal, which is to educate and rehabilitate criminals, and in this regard, it uses the mildest way to rehabilitate criminals in order to enhance the dignity of human rights, and it use different educational tools such as: preaching, avoiding, forgiveness, and repentance, but the most advanced of these corrective educational tools is education and rehabilitation in the form of words with a kind and gentle meaning; like the words of verse 178 of Surah al-Baqarah, which according to the findings of this research, contrary to the misconceptions of the mentioned verse that the verdict of intentional murder is violent, the Holy Qurʾan manages the most violent incident of human society by choosing and arranging the words; and by using words with positive meanings, such as: kindness, mercy, tolerance and etc. especially calling the murderer "brother", while accepting the incident, it tries to solve the problem with moral and educational subtleties. This article, organized in a library method, tries to prove the importance of "language and expression" in the issue of education and rehabilitation in Islam.

Background and Goal: 

The phenomenon of apostasy, in the sense of returning from Islam to disbelief, is one of the most controversial jurisprudential and legal issues. The main difference between the decre for an innane (or fetri) apostate man on one hand, and an innane apostate woman and a national apostate man or woman on the other hand, is that after proving apostasy, innane apostate men are killed without punishment, while other types of apostates are punished by the ruler. Therefore, this question arises that what is the difference between “repentance” and “asking for repentance”? And according to the opinions of the jurists that “asking for repentance” of an innane apostate man would be rejected, is it possible to accept his true repentance by referring to the verses of the Qur'an?

This research has been conducted with a documentary method through the study of authentic jurisprudence-legal books. Obtained information was then processed through a descriptive-analytical method.

Repentance in the Islamic penal system is considered as one of the factors for punishment fall or reduction. Also, they are principally considered as discretionary punishment, with the exception of those whose hadds are established by authentic texts, such as adultery, buggery, alcohol drinking, etc. In the famous opinion of jurists, the decre of the apostate is not considered as one of the divine rules, that is, one of the fixed and unchangeable rules.

The aim of this study was to identify the effect of time and place on the allocation of divorce rights by descriptive-analytical method. The issue of equality between men and women in the right to dissolve marriage, as well as its conclusion in terms of Islamic jurisprudence and law, has long been raised among Muslim thinkers; But the objections and protests have never been as high as they are now, the emergence of civil movements and human rights activists and the increasing awareness of women about their rights have caused these issues to be raised more seriously and jurists and legislators of Islamic countries look at the issue from new horizons. The findings show: The study of the role of custom in allocating the right to divorce is one of the important issues in the field of jurisprudence dynamics and without a doubt the role of custom of time and place is one of the important issues in this regard. Assigning the right to divorce to a man is one of the matters that is not explicitly mentioned in the Qur'an and does not deprive the wife of this right. A historical study of the status of women in the time of ignorance and the view that the Arabs had of women and the types of divorces in that day, by examining different temporal and spatial customs, customs and religious imitations, is ordered to divorce the wife

The oath is one of the evidence considered by the legislature for proving claims and is so addrecodified legal laws as if it has a purely positive place in the legal system, both civil and criminal, while the analysis of the jurisprudential and legal teachings shows that such a place cannot be absolute. In order to examine the validity of the oath in proving the claims, a distinction must be made betwssed in een legal and criminal lawsuits on the one hand and the lawsuits by private plaintiff and those without a private plaintiff on the other hand. Accordingly, this descriptive-analytical study investigates the validity of oath in hudud and ta’zir. According the findings of this study, based on the arguments such as the narration "there is no oath in hudud", the fact that hudud are due god and some of them lack private plaintiff, the denial nature of the oath (except in exceptional civil cases), the tendency of legislator to mitigation and tolerance in the issues related to hudud and strictness in proving them hudud, as well as insisting on repentance and not disclosing the crime by execution of hudud and preventing the spread of prostitution and retaining the indecency of crimes subject to hudud, the invalidity of the oath in hudud has been proven. Considering the above-mentioned arguments and the commonalities of hudud and ta'zir in the above aspects, the oath also has no positive place in ta'zir and cannot be considered as a valid reason in proving the crime subject to ta'zir. Obviously, in cases where hudud and ta'zir have a financial aspect in addition to public status, such as robbery, the attached oath can be valid and only prove the financial aspect of the crime.

Complementary and secondary punishments are considered as one of the secondary punishments that the legislator has prescribed in some crimes in addition to the main punishment to punish the criminal. The continuation and survival of social life combined with prosperity and comfort is not possible except by properly regulating the relations of the members of the society with each other, maintaining public order, ensuring the security of the society, and spreading social, economic and moral justice...which requires coordinated rules and regulations in all fields to avoid any violation. and prevent people from violating each other's rights. Establishing criminal rules in Islamic Sharia and commands and prohibitions are exclusively for the welfare and benefit of the people, and it is to prevent encroachment and violation and respect the rights of others. This research with a descriptive and analytical method, whose sources have been collected in the form of a library, seeks to answer the question, what is the effectiveness of additional and consequential punishments in the health of society? Since the explanation of criminal justice and individual and social health of the society is one of the most important goals of this research, the most important evidence of health in supplementary and secondary punishments in the jurisprudential sector; Proportion of crime and punishment, preventing the promotion of corruption, compensation for financial and spiritual losses, and the authority of the Islamic ruler in the legal sector; Implementation of justice, maintenance of political system, public order, maintenance of good morals, which can be examined.

The issue of pretense in jurisprudential and religious principles has been mentioned in its own form and in the line of hypocrisy, as an unacceptable feature in both the Qur'an and the hadiths. What has been explained as the ultimate goal in this study is the issues arising from the generalization and spread of pretense in the same jurisprudential and religious form in legislation and the criminal dimensions. The results of this descriptive-analytic study indicate that the influence of pretense in laws and its reflection in criminal cases has faced challenges, although this challenge and interference has emerged more in the field of criminal law than civil law; in civil law there is more connection between jurisprudence and sharia with legal principles, and examples such as pretending in the form of cheating in marriage and transactions are less difficult, but in the field of criminal law, citing jurisprudential and sharia pretending causes problems such as inconsistency with the principle of legality of crimes and punishments due to lack of precise definition of pretense, pretense of forbidden act, etc., which requires review of some legal materials and a preamble to take advantage of religious and jurisprudential examples in criminal law.

Diversity and complexity of behavior in human beings and guiding them to the path of perfection is one of the most important issues in educational sciences. Islam, which considers the purpose of human creation as his transcendence and perfection, has made this important matter the headline of its teachings and has manifested it in the life of the Prophet and the infallible Imams. Because "error correction" requires expertise and commitment, and undoubtedly having a good model and choosing the right and appropriate method, has a great impact on the success of dealing with error; This article aims to further understand the moral and educational dimensions of the Holy Prophet of Islam in the face of mistakes and wrongdoers and seeks to achieve his corrective methods and methods as a practical educational model in correcting mistakes and written in a library and descriptive manner. An analysis explains the problem; The findings of this study indicate that the most successful corrective method is model learning and the Prophet (PBUH), by connecting to the divine center and under the supervision of revelation, as the best model, had the best methods in the face of error; Correcting the perception of error precedes correcting the act of error; Utilizing public opinion to correct mistakes and errors; And paying attention to the effect of error correction, and tolerance with remorse and eliminating his bad background are among the findings of this research.

Amnesia is the lack of paying attention to what is in the mind, which is considered as a psychological phenomenon by scholars and has been discussed in the authoritative Islamic sources. The main question is whether amnesia affects the contract based on Islamic jurisprudence or not. In general, the jurists have studied the amnesia based on the “Hadith-e Raf‘”. It should be noted that there is disagreement among Islamic jurists in this regard; some jurists consider that the “Hadith-e Raf‘”, and therefore amnesia, are effective in contract and considered the validity of the contracts of the person suffering from amnesia. However, some jurists consider that “Hadith-e Raf‘” and amnesia are not effective in contract and in case of concluding a contract in the situation of amnesia, the contract is considered void. Also, some jurists have considered in details that if it affects the reason, it is considered void and if it affects the cause, it is considered as having no effect on the contract. However, what it seems is that if amnesia disrupts the foundations of the contract, it will be void due to the lack of intention of the contract. Otherwise, it will not affect the contract.

In this study, a new modeling method using QSAR model and artificial neural network is used to predict the aggregation number of some anionic surfactants in aqueous solution at 25 °C. The micelle aggregation number was determined using electrical conductivity measurements and the Evans method for anionic surfactants in aqueous solutions. However, the obtained results based on conductibvity strategy were not in good agreement with those of fluorescence method. Since the fluorescence method is a more accurate method for calculating the aggregation number of micelles, the results of the fluorescence method have been used in this study. In order to correlate the molecular structure of these surfactants with their aggregation number, a quantitative structure-property relationship (QSPR) study was performed. An artificial neural network (ANN) model was developed to predict the aggregation number of anionic surfactants by using four out of more than 3200 molecular descriptors, calculated by Dragon software, as input variables. The importance of selected descriptors were computed based on ANN method and listed as follows in descending order: nC> X5V> MWC05> MWC04. The complete set of 24 anionic surfactants was randomly divided into a training set of 16, a test set of 4, and a validation set of 4 compounds. Also, multiple linear regression (MLR) analysis was utilized to build a linear model by using the same descriptors. Correlation coefficient (R2) and root mean square error (RMSE) of the ANN and MLR models (for the whole data set) were 0.94, 4.99 and 0.82, 8.38, respectively. The higher R2 of the ANN method showed that the relationship between the descriptors and the aggregation number of the compounds is nonlinear.

Throughout history, women have endured many forms of male oppression. The historical oppression of women led to the emergence of a great movement called feminism in support of women's rights from the eighteenth century onwards, which promoted equal rights for men and women. Islam, on the other hand, considers legal equality between men and women to be unjust, despite very physical and psychological differences. Gender justice in the field of criminal law means that the conditions of the offender, the victim, the crime and its effects are examined for each class and case and the appropriate punishment for the conditions of the offender is considered. Based on verses and hadiths, it seems that in order to achieve gender justice, the holy shari'a has considered three important characteristics of women, namely centrality in the family, the need to observe hijab and physical and mental gentleness in determining the type and method of punishment That has brought a system of massive discounts for women in criminal law. Naturally, it is conceivable to observe the interests of the offender and his family in the punishment of individual crimes, because considering social interests takes precedence over individual and family interests. In this article, after explaining and separating individual and social crimes, by considering and systematizing the fatwas of jurists based on the prescribed interests, the Islamic protection system for delinquent women in the field of individual crimes has been examined in the form of a jurisprudential rule. The establishment of this rule can be effective in cases of silence of the legislature, especially penalties and due process.

In this research, for the first time, based on normative futures studies in Islam, the physician's commitment to deny ignorant deception with emphasis on Imami jurisprudence and Iranian law is discussed. The present study, which was carried out by descriptive and analytical methods, verse 29 of Surah Al-Nisa ', has considered the narrations and the construction of the wise as the reasons for denying the deception of the ignorant. If the doctor or his / her secretary refers the patient to a laboratory, hospital or other doctor inappropriately and unnecessarily, and allocates a percentage of the examination and visit for himself / herself and pays for the patient, who has trusted him / her, this The action of the physician or his secretary is under the jurisprudential and legal title of deceiving the ignorant, and also the doctor does not prescribe a placebo, assuming that there are alternative ways for it, even assuming that he wants to benefit the patient, depending on the patient's reward. He receives, it is not possible to remove the guarantee and responsibility from the doctor, he has paid, that due and proper attention to this commitment, the doctor can achieve a better efficiency of tomorrow's health system.

Intelligent fault detection diagnosis methods are one of the common topics in recently investigations. In this paper, a new hybrid technique is presented based on discrete wavelet transform (DWT) and multi – class support vector machine (Multi-SVM). The considered vibrational signals are collected in three conditions: normal, chipped tooth and worn teeth. These signals are decomposed using DWT methods with different wavelet base functions and the most appropriate level of decomposition are selected by the cross - correlation concept. The feature vector for each sample is extracted using different time domain statistical functions. «One – against - one» support vector machine (SVM-OAO) is utilized for detecting the gearbox conditions. The condition recognition of a gearbox is depended on the extracted features type and setting the SVM parameters. Therefore, in this study, particle swarm optimization (PSO) is used for identifying the most sensitive features to the defect and its type and determining the optimal parameters of SVM method. The obtained results show that the identification accuracy of the gearbox conditions is significantly increased with improving the feature matrix and the SVM classifier method.

Optional duress, as one of the most widely used types of duress, is divided into three kinds: duress over comprehensive, substitute duress and duress over indeterminate example. The present study, with its subjectology, seeks to evaluate the applicability of the concept of duress to different kinds of optional duress. According to the findings of this research, in case of duress over comprehensive if the subject matter of duress is comprehensive of valid, duress is extended from comprehensive to the example, but if the subject matter of duress is comprehensive of valid and invalid, duress does not affect the elimination of individual effects. Substitute duress is examined in three parts: in the first part where substitute duress is over vertical examples and is specific to independent precepts and its subject matter is two or more alternative examples, there are generally three theories the correct one is that the concept of duress does not apply to the example; in the second part i.e. substitute duress over horizontal examples, there are two theories the correct of which is that the concept of duress does not apply to the first example and only applies to the second and there is no difference between the imperative and positive rules; in the third part where the subject matter of duress is leaving an element or proviso of obligation, under Usuli rules, the principle of obligation fails. In duress over indeterminate example, the correct opinion is that such kind of duress is unreasonable in terms of reality.

Forced transfer of ownership of a corpse to an heir is considered a private right of individuals and the involvement of the governing body in it is legally ambiguous. In the manner of acquiring inheritance, the civil law states that it is innate, and some have contented themselves with rationality and the requirements of social life without rooting out the problem. By explaining the quality of inheritance from the perspective of the verses of the Holy Quran, this discussion seeks to express the origin and legal validity of property in inheritance in the Islamic legal system; In the light of which, one can interpret the legislative laws and the philosophy of rulings and explain the interference of the sharia and the governing institution in it.From the point of view of the Holy Qur'an, this private right is rooted in public law, and its legal validity, contrary to the well-known natural theory, is to prove its falsity to the forgery of the Shari'a, although this forgery is also compatible with nature; Which was explained by explaining the Qur'anic evidences in the four documents of substitution, imagination, forgery and divine determination; As a result, with the development of Qur'anic arguments showing the institution of possession in inheritance, a proper explanation of its legal status in the Islamic legal system can be led.

Taqiyyah as one of the most tense issues between Shia and Sunni, which has always been raised as a doubt and question. In many cases, necessity requires that a person hide his beliefs and faith and change his actions. This behavior, which is considered a defensive tactic and not a reaction indicating weakness and fear, is called taqiyyah, in fact, before it indicates weakness and fear, it is a form of self-defense or self-belief and faith. The legitimacy of taqiyyah in the opinion of Imamiyyah jurists and theologians is based on verses and hadiths and is certain in such a way that in certain circumstances, it is considered a part of faith. Adherence to taqiyyah and its narration undoubtedly follows types, works and accessories that Ali al-Qaeda should also be committed to. One of the types of taqiyya and perhaps the most practical one is political taqiyya. Political taqiyyah has been one of the practical policies of Imams - peace be upon them - in the field of preserving Shiism and Islam. Taqiyyah in dealing with the government and the ruling caliph is called political taqiyya, and it is interpreted as political taqiyya traditions on the part of the Ahl al-Bayt (peace be upon them). The main hypothesis in this research is that taqiyya in general and political taqiyya in particular have always been a tool of Muslims in preserving Islam and Shiism. The research method in this research is the descriptive-analytical method, after collecting and describing the materials

The main purpose of this study is to evaluate the effect of type of water resource in simulating water quality parameters in Savel plain by the intelligent models. In this investigation, the performance of ANN and CANFIS models in simulation of TDS, SAR, EC, and TH were compared with each other. For this aim, considering the correlation of the parameters, the Ph, Ca, Mg, Cl, and SO4 from 1966 to 2016 were selected as the input variables. The results indicated that the minimum error by the ANN in groundwater and surface water resources were related to the TH and the EC with 1.29 and 5.3 % respectively. The maximum error in both resources corresponded to the SAR. The same results were obtained by the CANFIS. The consequences of the T-Test showed that there was a significant difference between the ANN and the CANFIS in estimation of the SAR in the groundwater. So that the value of NRMSE decreased from 32.9% in the ANN to 22.82% in the CANFIS.  Concerning the other parameters, there was not any significant distinction. In case of the surface water, the CANFIS led to increase of proficiency of simulation of the SAR and the TDS. So thar, the value of the NRMSE declined from 60.35 and 29.27% in the ANN to 28.72 and 16.85 % in the CANFIS. In general, the impact of the type of the water resource in the accuracy of intelligent models in simulation of water quality parameters was approved.

In Article 166 of the Constitution, it is stated that the judgments of the courts must be substantiated and documented by the legal articles on the basis of which the verdict was issued. In this principle, it is considered necessary to cite mandatory sources in the judgments of the courts, and it is also stated in Article 167 of the Constitution. that the judge cannot refuse to deal with a lawsuit and issue a verdict on the pretext of silence, defect or abridgement or conflict of codified laws, but he is obliged to try to find the verdict of every lawsuit in the codified laws and if no verdict is found in the laws, citing the sources valid Islamic or valid fatwa to issue a verdict and this principle allows the judge to issue a verdict in cases of silence, defects, brevity, conflict and ambiguity of the law by referring to sources or valid jurisprudential fatwas as the case may be In civil affairs, following the order of Article 167, valid legal sources and fatwas are among the mandatory sources, but in criminal matters, there is a difference of opinion as to whether Article 167 is valid in this context as well or not. The difference of opinion in this matter is due to the fact that some judges have referred to jurisprudential sources regarding Shariah prohibitions for which no punishment has been determined in the law, and some judges have referred to jurisprudential sources and fatwas in these cases

In this study, the micellization behavior of the sodium cholate (SCH) and sodium dodecyl sulfate (SDS), in aqueous solution in pure state, and mixture of them (SCH + SDS) in different mole fractions were investigated by conductometric method at 298.15 K. The obtained data from experimental measurements were used to determination of the critical micelle concentration (CMC) of surfactants in pure and mixed state. Also according to Regular Solution Theory (RST), were calculated the following parameters: the interaction parameter between surfactants in the mixed system (), activity coefficient (،), mole fractions of the components in the mixed micelle (,) and thermodynamic parameters such as Gibbs free energy of micellization () and excess free energy (). The results obtained show that in the anionic-anionic mixture, the interaction parameter is low and the activity coefficients show a small deviation from the ideal state, the standard Gibbs free energy of micellization () are negative values, this shows that the micelle formation process take place spontaneously.