محمدحسن جوادی

Role of governance and political ideas in determining the policy of the principles of criminal law, criminalization and punishment is inevitable. Because its decisive role in the emergence of new criminal laws and institutions is evident. Therefore, with the change of governments, political ideas or strategies leading them have a tangible impact on criminal law. In fact, political ideas as a tool with the networking of the main platforms of governance have increasingly emerged in the space of criminal law. The type of worldview of various political schools causes fluid political ideas to be included from criminalization to types of punishments. Therefore, the political ideas governing the society, which are derived from the two components of freedom and power, rule over criminal law. This article, in a descriptive-analytical way, comes to the conclusion that political ideas are based on the construction of limits and gaps of two components, namely freedom and power, and criminal law seeks to limit and support these two components, and the desired governance. It imagines. Therefore, modern criminal law, with the positive influence of political ideas, tries to use the superiority of these ideas for the benefit of criminal-legal structures.

Many times, in damages, what is abused and attacked is immaterial matters related to human personality such as dignity, reputation, emotions and feelings and the like, all of which may be depending on the cause of moral damage. For the person and cause moral suffering and damage to his non-financial rights. Due to this, the present study was formed with the aim of investigating the moral and moral damages doubled from beatings and refers to the solutions that the law has considered to compensate for these damages.

From the point of view of the Islamic Shari'a, there is no doubt in accepting the principle of the concept of moral damages and its compensation in jurisprudence and the subject laws of the country, and the harmless rule, which is one of the jurisprudential presuppositions, covers and confirms it; On the other hand, moral damages can be considered as one of the most controversial issues of civil liability; Controversial because there is no consensus on the scope of this type of damages, and especially how and in what ways to compensate for moral damages. It seems that what has turned this issue into an acute problem of the judiciary is the lack of attention to the need to pay attention to the compensation of double mental and physical injuries from beatings (excess damage to blood money) and not knowing the true nature and philosophy of blood money on the one hand and Lack of a comprehensive analysis of the problems of the implementation of legal provisions of blood money on the other hand.

War is a topic that has always been considered by moral scholars. One of the ethical issues in this field is the use of weapons in the war against civilians, which can be considered as one of the horrible phenomena of modern wars, which, leaving many victims, its effects for years after the end of hostilities. It affects its victims and their families. This led to it being banned not only from a humanitarian law perspective, but also from the perspective of international criminal law as an example of a war crime. Therefore, the present study examines the rights of civilian casualties in war from the perspective of Islamic ethics and international documents.

From the perspective of the basic Islamic thought, supporting the civilian casualties in war, whether in the form of legal and judicial support or in addition to material and spiritual support, is one of the most basic moral duties and religious duties. Is. Therefore, according to various articles of the Islamic Penal Code, not only is it possible to prosecute officials who use weapons against the people, but also foreign perpetrators of weapons with these weapons can be prosecuted. Under international law and the Geneva Convention, in particular Article 3 thereof, compensation for war casualties is mandatory for civilian casualties and governments have a moral and legal responsibility in this regard.

Measuring the will of the perpetrator at the time of withdrawing from committing a crime in proportion to whether it is voluntary or involuntary is one of the most important topics of attempt of crime since the main core of renunciation is the spiritual element, which cannot be easily understood. Therefore, it is necessary to make a fine distinction between voluntary and involuntary withdrawal by codification. Finally, in this article, by using the descriptive-analytical and library method, it was found that there are two types of withdrawal criteria for the existence of conditions beyond the perpetrator's will. The first category is human obstacles, which are either third parties or victims, and the second category is non-human obstacles, which are either indirect obstacles or direct obstacles related to crime. In the first type, withdrawal is involuntary, and in the second type, indirect obstacles are voluntary withdrawal, and in direct obstacles, involuntary withdrawal. The American Criminal Law has regulated voluntary withdrawal by adding the phrase "full intent to withdraw" and specifying conditions such as the presence of a third party, the severity of the crime or the victim's resistance, or changing the criminal purpose of voluntary withdrawal. In contrast, Iran's approach is only accepting the principle of withdrawal without stating the rules. Therefore, it seems that the American approach in expressing the rules is considered more efficient. However, the attention of the two criminal systems to the development of the circle of renunciation to prevent the crime or sometimes the irreparable damages of the total crime and to encourage the criminals to avoid committing the crime seems to be considered.

The issue of family court proceedings is one of the important discussions in the field of family law and judiciary bodies dealing with family affairs. It must be definitely claimed that failure to observe some principles in court proceedings related to family lawsuits may render rules and verdicts of family courts invalid. In this paper, we have tried to find an appropriate answer to this essential question: Are the court proceedings special for family lawsuits founded based on certain principles? In response to the above question, while investigating the sensitive position of the family institution through a descriptive-analytical method and based on rules and regulations, the efforts by the legislator to enact laws related to this important institution of the community have been hypothesized. This is, on one hand, to take into account various individual, social and family considerations, and on the other hand, to enact laws for sustainability of family relations. Therefore, undoubtedly certain principles must govern family court proceedings. The legislator has paid special attention to observing what is good for children, young adults and women according to the principle of expediency – which is a jurisprudential principle – and has avoided unnecessary formalities in family court proceedings in line with observing what is good for families and accelerating settlement of family lawsuits. Given close connection of family lawsuits with public order, the need for private session of court proceedings is proposed. Finally, referring all family lawsuits to arbitration is requested as a Quranic and jurisprudential principle. In the midst of discussions, we have reviewed Imam Khomeini’s views when needed.

The tendency of Iran's criminal policy and consequently its criminal policy is to reduce imprisonment and the prison population. In other words, Iran's key priorities are to reduce the dominance of imprisonment. Accordingly, the legislative and judicial approach seeks the release of imprisonment and the use of compassionate and alternative institutions. Hence, the dream of deprivation of liberty has become the main goal of criminal policy today, and the predictions of compassionate institutions and the approach of the law to reduce the punishment of imprisonment confirm this approach. However, despite the move towards deprivation of liberty, it is important to keep this approach in line with the issue of deterrence and impunity or the purpose of punishment. Because with the reduction of punishments, the deterrent power of punishment also decreases. This article concludes that reducing the prison sentence without the development of a culture of legalism and attention to other factors affecting the increase in crime will not be possible to reduce the prison population. Therefore, the result of the law reducing the punishment of imprisonment, approved in 1399, is to reduce the deterrent power of punishment and help impunity for criminals. On the other hand, it has little effect on reducing the prison population. Because the production of crime and imprisonment is not the only result of long punishments that reduce the criminal population to achieve the desired result. Rather, the main components of crime and attention to alternatives to imprisonment should be considered.

The subject of this article is the study of the evidences of jurists who believe that the mere conjecture is sufficient to verify and prove the justice of witnesses. In fact, the main issue of the research is to examine the reasons for the absolute adequacy of conjecture about justice of the witness due to the lack of manifestation of his immorality. According to this view, the criteria for justice is in fact the lack of manifest immorality and being a Muslim. This definition is the opinion of some Imami scholars, and some Sunni jurists, including the Hanafis, as well as some Maliki jurists, have such a view. According to this group, the principle is that people are in a state of mental and moral health and have the criteria of justice, and immorality is a temporary condition and its proof needs evidence, and as soon as a person is a Muslim and no immorality appears in him, he is characterized by the attribute of justice, and in court, if the judge does not suspect the witness of immorality, it is sufficient for the judge to verify his justice. With these descriptions, a just person will not be rare, and it will be easy to verify the criteria of justice. Therefore, the result of this research, which has been conducted through a descriptive-analytical method, is that although justice is an innate attribute, but in reality, it is necessary to verify the morality of people and the good appearance and the lack of manifest immorality or conjectural verification of justice are the criteria for justice.

In the legal system of Islam, in order to strengthen the family system, rights and duties are of interest to the parties to the marriage, one of these rights is the right to a woman's alienation, the subject we are discussing in this article is that in the later sentences of the couple to the alimony , The famous jurists believe that the wife should wait for it and not have the right to terminate or divorce, while many jurists, if the couple refuse to pay alimony, have ordered the couple to spend on divorce or divorce What is the difference between the two issues, which has been issued differently? Will the result of both of these do not harm women and deprive them of legal and legal rights. In this article, while explaining and analyzing different perspectives, the famous view has been criticized, and the result is that the theory of divorce governing the rest of the opinions is more justifiable and stronger, even the evidence presented for the theory of termination of the woman or ruler can also result to give.

The present study investigates the effect of implementing the knowledge management on safety improvement of construction industry and presentes an appropriate knowledge management model for this improvement.

This research is a practical research in terms of purpose and is descriptive-survey in term of data collection. Regarding the fact that the statistical society of this research is all experts in the field of construction management in the country, the number of memebers of statistical society is considered to be unlimited. After reviewing the research literature and interviewing with three experts, six main parameters “culture, acquisition, publish, creation, implementation and save” were identified as effective parameters of knowledge management on improving safety. Pearson correlation and one-sample t tests were used to examine the correlation between these parameters and knowledge management in improving the safety and to prove their relation. The necessary data were collected through the distribution of a questionnaire. A total of 384 people were determined as the sample size using the Cochran's formula and random sampling was performed. To check the validity and reliability of the questionnaire, the content validity and Cronbach's alpha methods were used respectively. The value of this alpha was 0.948, which indicates the reliability of the distributed questionnaire. In addition, all the calculations were done in SPSS software.

Results and Conclusion:

Findings showed that application of knowledge management in order to improve the safety of construction industry will have a positive affect on decreasing the accidents and hazards. According to experts, it is necessary to consider the implementation and development of all six steps of safety knowledge management in improving safety. Finally, a model based on the results of field research and expert opinions was presented that has six main stages (culture, acquisition, publish, creation, application and save) in which culture is considered as the initial stage and basis of knowledge management to improve safety.

One of the basic ethical issues in the field of civil liability is the degree of compatibility of civil liability and social justice and what is the principle of social justice in the field of civil liability? In the field of civil liability, the purpose is to compensate the victim and in Iranian law, fault is the main basis of this type of liability. Therefore, the purpose of this study is the degree of compliance between civil liability and social justice and whether social justice can be achieved by relying on the element of guilt? 

In line with the changes in society and the emergence of new values, the law of civil liability is also evolving because of the need to establish social justice. Justice is one of the prominent concepts in the field of philosophy of ethics that philosophers, politicians, jurists and other thinkers have explored the ways to achieve it in society throughout the era. Justice depends on the time, place and transformation of social relations, and the first step in ensuring social justice is to establish the right law so that everyone is aware of their rights and is hopeful and confident in achieving what they deserve. In the field of civil liability, one of the ways to achieve this justice is to use the concept of intentional fault. Various divisions have been created by jurists for fault. Guilt is divided into intentional and unintentional faults based on the spiritual element. Intentional guilt can be the basis of actions and rulings in action that no common sense can deny. One of the most important effects of intentional fault is the effect on the causal relationship. The causal relationship is an essential element and a vital element of civil liability. That is, there must be a connection between the damage inflicted and the fault of the mystics, so that if it were not for the fault (act and omission of the act), there would certainly be no harm. Finally, the theory of fault alone cannot be considered the sole basis of civil liability; because sometimes justice requires that someone who has not been at fault be harmed, the division of responsibility should be based on the degree of guilt.

Civil partnership agreement is one of the common methods of allocating resources and granting facilities in the country's banking system, which is based on the partnership of capital owners. The standard nature of the form has led to the inclusion of conditions that unilaterally serve the interests of the bank and the rights of the customer are ignored. These conditions, known as "imposed conditions", are the subject of this article and it has been tried to identify the meaning and examples of these conditions in civil banking partnership agreements and based on jurisprudential and legal principles, the case Be analyzed and evaluated. The results of the present study, which was done by descriptive-analytical method, show that these conditions have been formulated without using the real results of the principle of sovereignty of the will, and in them, no place has been considered for the free will of the facility applicant. In addition, the mentioned conditions have violated the principle of justice and fairness, which is one of the basic principles of jurisprudential rules and the basis of conscience and unauthorized exchange contracts.

Different opinions have been presented regarding the validity or invalidity of an endowment in which the donor incorporates a condition under which in case of need, the endowment object returns to his property. The opponents of validity of this act either consider it void ab initio or believe that such act is in fact a surrender of property not endowment; since in any situation, endowment must be perpetual and the condition that the object returns to the donor contradicts the essential character of endowment and is against the requirements of endowment contract. The third category consider the endowment and the condition as valid. The origin of all of the above said theories is the issue of “requirement of perpetuity in endowment contract” and the possibility of incorporating a resolutory condition therein. The present research, after studying the current jurisprudential opinions in this connection and accepting the theory of non-requirement of perpetuity in endowment, has proven the correctness of “the validity of endowment on condition that the endowment object returns to the donor's property in case of need” and by examining the concept of resolutory condition in law has considered it as applicable to the condition incorporated in endowment contract and the authors believe that based on the theory accepted in Islamic jurisprudence, it is permitted to incorporate a resolutory condition in the endowment contract and  the condition of return of the object to the donor in case of need is its most obvious instance.

In this article, an attempt has been made to critique and analyze one of the innovations of the new Family Protection Law approved in 2012. Undoubtedly, the establishment of family counseling centers is a valuable action, an admirable step that the legislator has created with the help of the Judiciary to strengthen the foundations of the family and prevent the increase of family disputes and divorce, in addition to helping the judge to find out the truth and try to establish peace and reconciliation between couples. Criticism and understanding of the functioning of this institution takes place in the context of a comprehensive understanding of family lawsuits. In this article, we try to identify and explain the legal status of counseling centers, with an analytical-critical look at the conflict between the duties of these centers and the inherent duties of the judiciary, as well as the limits of jurisdiction and the duty of the court to follow the centers and finally explain the deficiencies of the law and we will provide the necessary suggestions.

The family is one of the most important human institutions in which human personality is formed and human perfection flourishes and grows. In this research, the author has tried to ask help from Raḍavī discourse in explaining the strength of couple relationships. Accordingly, by researching the word of Imam Rīḍa (as), he explains the causes and instances of family disputes, which are lessened by the couple's observance of each of them. In the following, in order to resolve the family disputes and with regard to the explicit emphasis of the Holy Quran, the institution of arbitration has been examined from the perspective of jurisprudence and law. Finally, by pathological analysis, suggestions are made for completing and amending the rules.
Arbitration institution as an institution based on legal-jurisprudence, has allocated to itself the articles from 454 to 501 of the Civil Procedure Code. Therefore, in the present article, one of the innovations of the new Family Protection Law from the jurisprudential-legal perspective has been comparatively discussed.

The fact that divorce is a right, vindication of which is legally granted to men and which the Iranian civil law has asserted in article 1133, is on the condition that man’s relation to the woman follows its natural procedure. In case there is a man who would neither fulfill marital duties nor consent to divorce, then what is to be one? Does the woman have to tolerate her husband’s transgression till the end of her life? In this case, can a judgment be made obligating the husband to divorce her with reliance on the rule, “Necessity of abstention by virtue and repudiation by benevolence”? Is the above principle also applicable to the case in which the husband’s evading his marital duties is out of impotence and disability? Using the analytical-descriptive method, this article is intended to find answers to these questions. With a survey of the jurists’ various viewpoints, the conclusion is made that the principle denotes that in married life, it is necessary for the husband to choose one of the following two ways toward his wife: either fulfill all rights and duties in a properly and competent way or leave her. This principle is general and comprises all the wife’s rights and there is no difference between the husband’s voluntary or natural shortcoming.

According to the judicial precedent of the Supreme Court No. 156 to claim damages for delay in payment of salaries of public servants and payment it by the government, despite the recognition of this issue by the legislatures in other cases, the delay in paying debts by the natural or legal persons is not allowed. The reasoning in the decision, "the difference in pay employees the government in the implementation of employment legislation required to implement it with government deals as well as trading and obligations of the parties" is expressed. The basis that is not acceptable by the general rules of contracts. So check it is important that what is the difference between the delay payment of salaries of government employees and other natural persons or legal liabilities? And demand for the delay in payment of salaries of public servants and pay for it can be based on what rights jurisprudence? Recognizing this necessity this study explains, reviews and assesses the judicial precedent and then with legal proofs and legal arguments, proves the foundations permits compensation of delayed payment of state employees.

Social justice is rooted in spatial and environmental justice. And the lack of access of parts of the city to public spaces will deprive residents In today's societies, due to the complexity of crimes and the variety of crimes, the errors of courts in many stages are high and can not be ruled out, and the eyebrows and dignity of citizens are questioned in this matter, and there is a need for law to overcome this dignity. Restoration of dignity is the reinstatement of the dignity that has been influenced by various factors of the deprived or subverted individuals, which may sometimes be applied to an innocent person who has been found guilty of a crime or has been harmed by his dignity. In this case, it will compensate for all its spiritual damages by restoring the dignity, because without doubt in the societies governed by the law the respect and dignity of the individuals who are among their spiritual assets is considered and respected by the legislator, as far as this is the case The attention of the texts of the constitution to most countries has been clarified and supported by the legislature. Therefore, the desecration of people's honor and dignity in any form is unlikely to be punishable as the case may be, and it may sometimes be possible to restore the dignity of the offender, in which he or she would return some or all of the sentenced to justice. In the religion of Islam, several verses such as Sura Toubah, Surah Yusuf, Surah al-Nuru… in various narratives, including the traditions of Mohammad Baqir about the necessity of compensation for the right of Allah and Imam Ali regarding the reverence of the personality of humans and the positive attitude of the offenders and ... The rules of wisdom and the restoration of dignity have been considered. In the present article, the definitions of restorative dignity and its types will be discussed first, then the defects of the Islamic Penal Code, adopted in 1392, will be considered. However, the jurisprudential justification for the complete restoration of the non-existence of dignity in the context of the law is one of the goals of this article.

The purpose of this article is to answer the questions: What is psychic fight and its operations? Doesitsexamplesreasoning originate from the legal reasoning and is it acceptable by Islam and EmamyeFaghihs’ viewpoints? Or its acceptance is limited by the proper situations and conditions?
The research method of this article is a library based one and processing the data is of analytic descriptive one. With a short glance at the history of psychic fight and operations. it is revealed that from the beginning of man’s creation such fight and operations exist and the farther the history, the more its complexity and extend while approaching the communication era. In this paper psychic fight and its operations, its essence, and its examples are analyzed and explainedbased on a Feghhi opinion. Although the examples are many, some are used in todays’ world are of man’s concerns.
The findings of this research reveals that psychic fight and operations is a normal phenomenon like the other phenomena existing in the start of Islam while its use and application is lawful to weaken the enemy’s spirit or to protect the ethical Islamic principles.

Women criminals make up a small but rising group of prisoners whose health needs assessment has been neglected in most societies.
The aim of this study was to compare the mental health of female prisoners and non-prisoners in Urmia, Iran, in 2016.
This descriptive-analytical study recruited 300 women (150 prisoners and 150 nonprisoners). We employed the GHQ-28 questionnaire and a researcher-made demographic questionnaire to evaluate mental health. The data were analyzed in SPSS 16.
The mean age of the women in this study was 33.42 ± 9.9 years. The results showed that the total score and four subscales of mental health were significantly lower in female prisoners than non-prisoners. In both groups, the least and most frequent mental disorders were depression (3.54±3.42) and social functioning (10.35±5.06), respectively.
Women prisoners are a vulnerable social group whose mental health is lower than that of other women. Therefore, women's mental health requires further attention from prison officials.

Although transactions are complicated and of specific variety nowadays, concern of both parties of transactions concerning probability of deservingness of each considerations is so important that all legal schools have thought about some solutions for removing that concern and creating peace of mind for both parties. Islamic legal law has not ignored that important issue too, and has offered liability of darak for solving such a problem. In addition to clarifying the concept of liability of darak, the present research attempts to nullify the opinion which claims its synonymy with that of ‘uhda through correct explanation of the essentials and conditions of its actualization, and to remove its exclusiveness to the contract of sale through expanding it to other exchanging contracts.