سیامک بهارلویی

The present study tries to study and analyze the issue of payment of diyat in intentional murders of euthanasia by a physician or medical staff with emphasis on Quranic, jurisprudential and Iranian law, in order to clarify this issue through these legal and jurisprudential rulings to be.

This research has been done by the method of library studies and in a descriptive-analytical method, which has been obtained and analyzed by referring to Quranic, narrative, legal and jurisprudential texts.

Euthanasia, which means "good death", is a condition in which the patient dies naturally and calmly at his own request. People who are in this type of death are more likely to have the characteristics of an incurable patient or a person suffering from a severe mental illness (major depressive disorder, etc.) and to be satisfied, such as physicians or nurses or family members. Ask them to help them die. Now there is the question that if the doctor or the medical staff kills these people out of pity and compassion and with the consent of these people, should they pay a ransom or not? By referring to the books of the great jurists, it is obtained that a kind of fame but also a higher consensus has been formed in this field, based on retribution and that the killer will be the only retribution in the face of multiple murders. But when this Shari'a ruling is presented to the rule of justice, the question arises in the mind against which this kind of retaliation takes place. The general provisions of the Qur'anic principle "How can the soul be transformed" now? Based on this, the researcher's hypothesis is that the necessity of the rule of justice, but also the necessity of other Qur'anic and religious evidences in various premeditated murders, is the ruling to pay diyat in addition to qisas. Because in the premeditated murder, several people are killed and the families of the victim are harmed in two ways, that qisas covers only one aspect of it, and the aspect of compensation and payment of diyat remains, and on the other hand, the murder is faced with only one soul. And other populations do not receive a clear answer. One of the most important findings of the research is that the rule of justice as a basic and pivotal rule in relation to sharia rules and by observing the element of time and place can have a special and accurate help in reading and explaining sharia rules.

Based on the general Qur'anic verses and rules and legal and jurisprudential principles and rules, especially the rule of "justice", it can be said that non-payment of blood money in numerous euthanasia murders by the perpetrator, contrary to Qur'anic justice and fairness, contrary to public order and expediency. It is jurisprudential and justice requires a ruling to pay diyat.

The present study tries to investigate and analyze the issue of the consent of the doctor or the medical staff of the perpetrator of euthanasia in the payment of dowry with emphasis on verse 8 of Surah Ma'idah and jurisprudential evidences and laws of Iran, so that through these investigations the juridical and jurisprudential verdict of this The issue should be discussed.

This research was conducted with the method of library studies and in a descriptive-analytical way, which was obtained and analyzed by referring to Quranic, jurisprudential and legal texts.

Euthanasia, which means "good death", is a condition in which the patient dies naturally and peacefully at his request. The question of the research is "Does the consent of the doctor or the medical staff of the perpetrator of euthanasia play a role in the payment of ransom or not?" The research hypothesis is that according to Article 384 of the Islamic Penal Code; If the deceased's parents want ransom, they do not have the right to collect ransom from him or his property without the consent of the murderer. The point to be considered in this legal article is that it has made the payment of ransom from the property of the victim to the victim subject to the consent of the victim. This legislative literature is taken from the point of view of some jurists. The researcher's hypothesis is that basically, the consent of the deceased has no place in this legal article and if the parents want ransom, then Jani must pay the ransom according to the number of victims. The present article, in a descriptive-analytical research, with a problem-centered view, criticizes the consent of Jani in this legal article and follows its jurisprudential foundations. According to the findings of the research, the consent of life in the mentioned article needs to be revised due to its incompatibility with jurisprudence.

According to the verses of the Holy Qur'an and traditions such as the honorable verse "Adelwa howa aqrabu lilttaqwi" (Maidah: 8) which is a requirement of justice and an important principle of the Qur'an, and also considering the rights of parents, one should not consider the satisfaction of life as effective.

The re-examination of any political or jurisprudential school, while showing its strengths and weaknesses, creates an opportunity for excellence and continuity of the teachings of that school. The schools of jurisprudence and the political systems arising from them are no exception to this general rule. In today's world, on the one hand, with the dominance of liberal and materialist systems, and on the other hand, due to the different political approach of the schools of jurisprudence, the political system of Islam has faced questions and challenges. Re-reading the evidence and its basics can lead to better flourishing and show less explained dimensions. The subject of the present study is to examine how the governorship is exercised in governance relations from the perspective of the Najaf School of Jurisprudence.It is clear that entering this space requires an initial establishment in the field of evidence. In this article, the researcher uses a descriptive-analytical method and focuses on the opinions and sayings of the elders of the Najaf school of jurisprudence and the centrality of the rule of non-guardianship over others, and uses Sheikh Ansari's method in creating the principle. To the extent of the original drunkEvidence is needed.

Islamic jurisprudence in different periods is a manifestation of the Islamic Ummah's care for Sharia; A law that represents justice, mercy, and reform. Ways of proving the evidence as a protector of rights, the manifestation of mercy and effective tools, the realization of justice and one of the most common issues in implementation and the most widely used jurisprudential-legal issues are among the most important methods on which the proof of justice depends on justice. But martyrdom, like other Islamic rules and issues, has rules and conditions, one of which is that, if the testimony is proven, is it conclusive news that the ruler should rule according to it? Is number and justice a condition? What are the pillars of testimony? What are the terms and conditions of testimony? How many witnesses are there? Is the testimony of a witness with an oath acceptable? Another question is what will be the legitimacy of proving the testimony of witnesses or the testimony of a witness with an oath? Therefore, in the present article, which has been written with a descriptive-analytical approach, different dimensions of the subject of martyrdom and its rulings and conditions have been comparatively studied from the perspective of different religions of Islamic jurisprudence and by analyzing the opinions of jurists of five religions in this field The proof of martyrdom and its sub-issues have been studied and finally it has been concluded that the subject of martyrdom in Islam .

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

Taqiyyah means expressing or concealing one's belief and action against one's heart to avoid religious or worldly harm is one of the jurisprudential issues that has educational consequences. The purpose of this study is to investigate Taqiyyah as a behavioral method in Islamic education by applying the pros and cons from both jurisprudential and educational aspects. The method of the present study is a qualitatively comparative with an analytical-inferential approach. Researchers have used the library method to collect data, including the study of primary and secondary sources. To analyze the data, the qualitative analysis method was used based on data recording and categorization of the "subject" unit. Findings of research in the field of jurisprudence show that Shiite jurists were mainly in favor of Taqiyyah and Sunni scholars were against it. From the educational point of view, Taqiyyah means positive in the sense of self-control and tolerance with people whose beliefs are not in line with one's beliefs. The main similarity between the proponents and opponents of Taqiyyah is the recourse of both groups to the verses of the Qur'an and the behavior of the Prophet Mohammad and his companions through the presentation of different interpretations. Another finding of the research shows that according to the proponents, in many matters of life, it is not necessary to refer to Taqiyyah and it cannot be referred to as a permanent behavioral principle. According to the opponents of Taqiyyah, in the contemporary world and due to the new developments based on the prevalence of legal mechanisms in society, resorting to Taqiyyah is not necessary. The similarity between the two groups of proponents and opponents of Taqiyyah is the attention to positive developments such as civil rights and negative developments such as the increase of religious extremism to accept or reject Taqiyyah.

AbstractExpertise in Islamic procedure law has been considered as one of the proofs of claim based on experts' opinions, and doctrinaires have investigated its validity as the solemnity of the lexicals' words; and using religious and rational reasons, they have proven the solemnity and expertise of the lexicals' words; and according to the intellectuals' reason which are n't in contrast with canon and with the support of reasoning through intellect, expertise is considered as a knowledge-based reason and its solemnity is innate; and it has drawn the attention of jurisconsultants in terms of various jurisprudencial subjects such as calendar, translation, and medicine; and then referring to experts' opinion is found necessary; and expertise has been stated along with other proofs indicative of independence in law specially in civil procedure law; and its specific position has also added to its importance.Expertism within civil and penal procedure law for relevant law issues, along with other proving reasons indicative of its independence and its specific law status, has added to the importance of its position; and it has been accepted and proven in the intellectuals' lifestyle, regarding the meaning of reason in article 194, which is considered as the common knowledge and assurance; and not only has it not been in contradiction with juridical lawgiver but also it has been supported by rational ,

The Islamic Shari'a is known for its perfection because it has raised religious and secular issues in its prominent laws. Although the Shari'ah is based on belief and worship, this does not mean that they are worldly affairs and that a large part of Islamic jurisprudence constitutes financial transactions. Most people's disagreements over trade are about the highs and lows of the term, especially when it is combined with ignorance or deception, and the jurists interpret it as "groaning". On the one hand, the present article examines the realization of the subject of the Qur'an, including the background, legitimacy, circumstances, instances and cases of fall of the cucumber in the Khamseh religions, and on the other hand, reviews the reasons and forms of its realization in the transaction and its religious status. Paid. Often cucumber is a legitimate cabbage, but cabbage causes a cucumber that has some proof requirements, one of which is gross cabbage. However, not with change or one of the successors in the position of stress. There are some cases of cucumber but cucumbers do not prove to be stable, such as in cases of cucumber fall.

The subject of public welfare and public works are important issues among Muslim philosophers such as Shi'a and Sunni. On the one hand, this issue, similar to some other issues in governmental jurisprudence, has partly been influenced by verbal differences between Sunnis and Shi'as. Accordingly, the Sunni people had paid more attention to the public aspect of public affairs due to the acceptance of caliphate sovereignty, but Shiite jurisprudents had often considered most non-governmental aspects of public affairs. The proper unity and appropriate consensus between the jurists (in their foundations and approaches to the public welfare and public works) in the expansion and limitation of the extent of the implementation of these divine commandments are not observed (although there is a consensus in the sense of affairs). This discrepancy indicates that each of them has different foundations and approaches compared to public welfare. According to the above descriptions, there are two theories and views on the excerpts of the public works. The first view is that the domain of this institution is limited to the guardianship of the estate of the orphans, insane people, and bankrupt orphans. The second view does not limit the scope of public works to specific issues and has a wider perspective than the first view, which also includes social, economic, political, and cultural issues. Even though the public works are one of the vague issues in legal affairs, legislators have not considered a comprehensive definition of it and have not provided an effective criterion for identifying it. Therefore, the main objective of this research is the comparative study of public works for the jurisprudence of Shia and Sunni jurisprudence' views by the codified statue. Also, the findings of this research show that the scope of public works in the Sunni jurisprudence is limited to the issue of Enjoining good and forbidding wrong, but for the Shiite jurisprudents, it covers everything that leads to the disorder in a social system and the fault in society. Thus, the concept of public works is beyond enjoining good and forbidding wrong.

The analysis of the arguments and principles of each jurisprudential or juridical school of thought, while explaining the strong and weak points of that school of thought, may bring about the development and continuation of the doctrines of that school of thought. Jurisprudential schools of thought and the political systems which are originated in them are not exceptions to the rule. In the meantime, the jurisprudential school of thought of Qum which lays the cornerstone of the political system based on the institution of the guardianship of the Muslim jurist, is of particular importance. This article seeks to explain the question of the primary principle in the field of political authority (guardianship) in the light of arguments and principles. By principle in this context we mean a criterion which the wise men rely on in shaping social association. By reference to the jurisprudential doctrines of the school of thought of Qum, it follows that although the result of the studies on the sources and principles is that human beings have no guardianship and authority over their fellow human beings. However, the primary principle in governmental relations is political guardianship which has been exception to the general rule due to certain reasons such as having the attribute of infallibility or justice in the light of infallibility as the one which finds its expression in the theory of the guardianship of the Muslim jurist. Taking the present condition into account, the jurisprudential schools of thought of Qum have succeeded to follow the course of the pure Alawid school of thought.

Financial crimes as one of the important criminal and legal issues constitute a major part of Iranian law insofar as it is taken into account both in the pre-Revolution and post-Revolution laws. Accordingly, goal of present study is the examination of the manifestations of the innovation in the law of the procedure of implementation of the financial proscriptions and its influence on the citizenship rights. In other words, concern of the present essay is the way that innovation in the law of financial proscriptions can influence the citizenship rights.

The method used in this essay is descriptive-analytic. The required data have been collected through library studies. 

The law of financial proscriptions in addition of implementation of the innovation in some regulations, has taken advantage of methods but imprisonment that can provide the ground for betterment of the conditions for the strengthening of citizenship rights through reduction of imprisonment, possibility of arrangement for payment in instalments, delay in payment of debts, possibility of employment of the convicts, necessity of existence of witness in a file, presentation of financial properties of the financial convicts. Particularly, prisonment reduction and attention to the alternative punishments in the law of the procedure of the implementation of the financial proscriptions adopted in 2015 are in line with the fundamental citizenship rights as stipulated in the constitution, Isalmic penal code and promotion of equality, freedom and human dignity.

Law of financial proscriptions, given the decisive punishments in the field of financial issues, along with prisonment reduction, reform and rehabilitation of convicts, human treatment of convicts through separation from other convicts, replacement of the imprisonment and change of the process of witnessing, providing the citizenship rights, has paved the path for implementation of the financial proscriptions. Particularly, since some convicts (whether the cash convict or financial convicts) refuse to pay their fines or are unable to pay, this law allows the arrangements for payment through instalment and delay in payment of the fines, and provides the ground for the convicts for easier payment of debts.

Proscription and approval are two precedent approaches among the Muslim petitioners and clergymen. Approval originates from Sunni principles while proscription has a root in Shiite ones. Since two tribes of shiite and Sunnite have had disputes on the issue of the caliphate of prophet this kind of above -mentioned issues caused a distinction between their approaches more and more. The studies done by researchers in academic centers and religeous schools are often descriptive and merely illustrative.A deep and precide look at both the issue of proscription and approval of kalami functional challenges of these views was the main reason for the study. In this research, in addition to descriping and explaining both categories. The kalami errors of theseviews are reviewed by examining the comprehensiveness or deficiency of religion from the perspective of approval and also the problem of excommunication and its relation with the proscription has been examined. Bisides the contrast and paradox of the tow approaches, equality and unity of the content of tow views and some of the positive and constructive aspects of the thought of approval have been other findings from the researcher.

The defendant’s incarceration is one of the most important solutions to the achievement of the thing to which s/he is sentenced and it is carried out in a resort to the mechanisms specified by the legislator in the special law on the method of enforcing the financial convictions. The present study’s goal is the analytical-descriptive investigation and interdisciplinary examination of the individuals’ financial convictions as a result of their falling short of liquidating their debts to the others from the perspectives of the criminal rules and Iran’s statutory provisions as well as the theology field of the study; it also aims at analyzing the nature of such a type of incarceration, its conditions and barriers and offering of solutions for its replacement. The general result of the present study is that the legal nature of the incarceration should be accepted in financial convictions according to the jurisprudential and legal documents and proofs posited in the body of the present research so that it can be considered as a punishment. This has also been accepted and confirmed in the texts of the Islamic sciences. The necessary conditions for the incarceration of the defendant would be the impossibility of retrieving the thing to which s/he has been sentenced through ways mentioned in the law on the method of enforcing the financial convictions and the plaintiff’s demand and the barriers to such an incarceration, as well, would be the acceptance of insolvency, debt payoff and/or the creditor’s consent. On the other hand, since incarceration is a ground for the real perception of the debtor’s financial status and a way of liquidating the liabilities hence lacking any topicality, it seems that it can be replaced by other ways lacking its harms.

The doctrinaire individuals' opinions of lexical experts diverge from each other.Some of them don't admit to the expertise of lexical experts, and don't consider their promises solemn, except in the case of pledge; but, on the other hand, theyconsider them as the ones of testimonial type and liable to testimony; however,the most renowned doctrinaire individuals have stated some rational and relational reasons for their expertise and promise solemnity, that lexical expert is specialized in their field of study and has gained their specialty by doing research in semantics in such a manner that their expertise betokens their pledge, and in case of suspiciousness, they are considered as the specific suspicions who aren't included in the general edict of respect to the act of absolute suspicion. Jurisconsults have referred to lexical experts in most of juridical cases, even in the era of the infallibles (peace be upon them) in order to state the lexical meaning of expressions, as pioneer jurisconsults of Shiite and Sunni religions, with the assumption of their lexical expertise, have referenced lexical experts' texts as one of the ways to distinguish between reality and unreality, in that, their solemnity is innate based on intellectuals' principles in no contradiction to juridical canon (shari'a), and supporting the intellectuals' independent reason as a specific scientific reason; and it is considered as a specialized subject independent of testimony as well. Thus, with proving the expertise of the lexical individuals and their word and promise through the  intellectuals' principles, and other juridical principles, the validity of the experts' opinions will be proved.

Approximately four decades have elapsed since the Islamic government was established in Iran. Nowadays one of the most important topics of discussion in which the Islamic government and the legislature are involved is the degree and kind of affinity between the Islamic government and the society’s established custom. No doubt, discussions on the extent to which the Islamic precepts and rulings are related to the established custom of society makes it a jurisprudential and juridical necessity to bring fixed and changing rulings up for discussion. The reason for this necessity lies in the fixed and changing needs of human beings. One of the contemporary thinkers who fully realized the significance of ‘time and place’ in the realm of religion was Shahid MurtiÃÁ MuÔahhari whose concerns for these matters appeared in a collection of issues raised under the title of “Islam and the Exigencies of the Age”. In this research work the criterion of affinity between the fixed and changing rulings have been investigated from MuÔahhari’s viewpoint and concerning the concept ‘fixed’ and ‘changing’ some relevant cases from among his works have been scrutinized. Among these criteria one can refer to the idea of paying attention to the progress and development in Islamic societies, putting emphasis on the common interests, and considering the spirit of the Islamic Law (shariÝah). Having conducted the research, a conclusion has been drawn that a review of Shahid MuÔahhari’s thought reveals the fact that accepting the exigencies of the age and attending the fixed and changing criteria in drawing up Islamic laws will be the solution to the problems in the field of ‘authorized interpretation (ijtihad)’and expertise (fiqÁha) in the legal, social and political realms of the Islamic government.