فهرست مطالب سیدمحسن قائمی خرق

Independence in responsibility is something that has been specified in different legal systems, with different titles and propositions, based on reason and fairness. According to this principle, the government or international organization is responsible for behavior that is considered a violation of their international obligations and is attributed to them. On the other hand, a system of jurisprudential rules such as the minister's rule and its supplementary rules (as the issue of this article) will include provisions for the development and advancement of the principle of independent responsibility. The necessity of the independent international responsibility of the government is one of the most important issues of international law in the contemporary era; Moreover, it has a close relationship with other areas of international law, especially the issue of international peace and security. Therefore, the legal development of this debate based on jurisprudence and its introduction to the field of international law will lead to the development of the guarantee of the implementation of international law and will have useful and valuable effects on the international responsibility of the government. Based on this, the purpose of this descriptive-analytical writing is to develop this legal entity found in the United Nations International Law Commission by presenting the fruits of the jurisprudence rule and its supplementary rules to the field of international law, in order to guarantee The interests of small powers against big powers and the enrichment and efficiency of international law are with the help of Islamic thought.

Abstention is one of the types of votes used in the Islamic Council. This vote, in many cases, has a meaning next to a positive or favorable vote and a negative or opposed vote, and in that case, the person refrains from giving a declarative and expressive vote (positive or negative). Analyzing the acts of governance based on Islamic standards and the necessity of not contradicting these acts with Islamic standards highlights the necessity of this jurisprudential and legal review; in addition to authenticity, the efficient principles and approaches in comparative law can also be used for the legal status of "abstention". Based on this, the main problem of this descriptive-analytical and library paper is that, considering the range of tasks arising from representation, along with the degree of freedom of action and moral life for the representative, as well as the necessities governing decision-making in different situations, what an abstention in the two areas of "assignment ruling" and "status ruling: interpretation of the status of the abstained vote" is? Among the results of Anake's paper, in jurisprudence and comparative law, different approaches have been adopted in facing this issue; but in jurisprudence, the majority of statements and bases are guided by the prohibition and impermissibility of abstention in the initial situation; at the same time, on a case-by-case and exceptional basis, in some cases, it is possible to prescribe abstention. Among other principles governing the abstention vote is the principle of transparency and the principle of relative legal value, which will open a middle way for "application" and "interpretation of the abstention vote" based on the evidence or the previous certain situation.

The socio-cultural and legal framework derived from Islamic jurisprudence, serving as the governing law for social realities in the Muslim community, formulates a distinctive approach. Going beyond a reliance on rational foundations in methods for ensuring global food security and sustainable agriculture, it establishes an exemplary model for food security and agriculture based on a set of principles and foundations. In addition to the responsibilities of Islamic governments in ensuring food security, the broader societal culture should transition towards overseeing this matter, with food security being guaranteed within the framework of sufficiency or necessity during the tenure of the Islamic government. Naturally, within this framework, considering the "principle of preference in Islamic jurisprudence," "priority of needs over luxuries," and "foundations of succession and balance in land use," there arises a necessity to prohibit the extensive cultivation of non-fruit-bearing plants and trees. This prohibition extends to both public and privately-owned lands. Furthermore, beyond the obligation to ensure food security for everyone, peaceful coexistence in both public and private domains will ensue.

With the evolution of the governing approach to the rights of disabled people, from welfare rights and granting case-by-case privileges to the rights-oriented of disabled people, a model of custody of disabled children has been formulated that is aligned with jurisprudential concepts. Therefore, the current research was conducted with the purpose of comparative investigation of the custody of disabled children in Islam and international law in an analytical-documentary way. The results of the investigations showed that custody has gone out of the scope of interpersonal relations (owner, guardian and parent) and has changed to an area that can be originally and primarily monitored and it refuses the one that exceptionally requires supervision. In addition, the principle of expediency refers to the precondition of the actions of the judge and not only the absence of corruption and the necessity of the expediency being evident and monitoring the expediency in all stages (including the purpose of the actions of the judge and the result of the actions) is one of its characteristics. This approach of Islamic jurisprudence is somewhat incompatible with the approach of the Convention on the Rights of Disabled Persons since according to the convention, the best interpretation of the will and preferences of the disabled person should be replaced by the determination of his best interests by the guardian. Therefore, the principle of independence and participation of a disabled child is in conflict with the recognition of expediency for him; especially, the problems related to the legal value of the child's speech will affect the nature and quality of his participation. Furthermore, other questions such as the accuracy or inaccuracy of attributing the legal act formed after participation to the disabled child and as a result the refusal or the possibility of dissolving the legal act (during childhood or after puberty) in human rights, require jurisprudential re-examination.

expertise and thematics for Shari'a rulings or legislation in the Al-Faragh area can not be considered apart from society and its requirements. Social realities have sometimes been a catalyst for Islamic legislation and sometimes an obstacle to legislation or the implementation of sharia law. However, the jurisprudential attitude to the dimensions of public law and the possibility and extension of attention to the sociability of law, as well as the permission and extension of silence in legislation, as the issue of this paper, is what has put the act of legislation in the test of jurisprudential sociology. And the two strategies advance the necessity of the socialization of the law and the silence of the law (against inflation in legislation). The importance of this descriptive-analytical paper, using a  library method is due to the fact that it mainly tries to multiply legislation with an integral view of Sharia, regardless of social contexts, and the necessity of the position of the Islamic Consultative Assembly as a productive and dynamic source of normalization. While the pathology of this process, has achieved a strategy of gradual (sociability of law) and necessity (silence towards legislation and in legislation) based on jurisprudential and legal principles and documents.

In "art rights", the owners of theatrical behaviors in public manifestations such as theater are considered as the subject of rights and duties. The strategy or aspect of "creating rights and obligations" at the threshold of religious sovereignty and in the context of "government jurisprudence" constitutes the main axis of the present article. Basically, what rights and requirements do cinematographers and religious authorities have? It is worth mentioning that the "right of religious sovereignty over cinematographers" is not limited to such norms. The nature of private-public rights of art and media rights requires the influence of religious sovereignty on the scope and narrowness of the rights of this group of artists on their performance work, including in the form of supervision of the work or restrictions on "intellectual property rights", "the right to being forgotten" should also be examined next. Also, this article will take into account the scope and nature of these rights in the government requirements and with respect to the rights of cinematographers. The following study is conducted through descriptive-analytical method and library studies.

The “law of art” is the right to discipline and regulate the work of professional performers in conventional art forms such as theater. In this paper, I aim to explore the right of fame for filmmakers and actors in terms of the principles of a religious government and from the perspective of Islamic juridical-legal views. Focusing on the juridical-legal aspects of the fame of actors and actresses in a religious government, Regardless of the fame earned from public or private media, the questions raised what is the role of religious government in the “law of art”? And if the role is conceived, on what legal basis this role is defined? Basically, the relationship between the government and filmmakers is not limited to the right to fame. Reviewing the public-private rights in the law of art and media leads to investigating issues such as the legal ban of the filmmakers and actors or their spiritual and financial support. Taking into consideration the legal rules, liability, and the law of the artist, the present inquiry aims to discuss the basis and development of the law. In this regard, I presented a model based on a descriptive-analytical method of studying juridical literature. Studying the issue can pave the way to clarify the purpose of supporting the rights of filmmakers and actors, as well as the fame of the movies, society, and the government. Moreover, this study shows the legal aspects of the government's observation and legal conditions for the limitation of the filmmakers and actors in their movie contracts.

The challenges of understanding "right" indicate that "right" is a broad concept in a way that most abuses and misunderstandings in the historical and civil space have been influenced by this concept. The purpose of this article is to analyze the jurists’ reading of the concept of right. It also seeks to study this concept in different religions and jurisprudential approaches in order to achieve the effect of the concept of right in the formation of religious state and its scope of authority over citizens’ rights. The importance and the need to write this text is because of the fact that socio-political demands as well as the legitimacy of the formation and continuation of the religious government are effectively linked to the interpretation of the concept of right and the development of the concept of "freedom" and its change from "liberation and removal of internal vices" to "freedom from formal and informal obstacles". First, it is necessary to attempt to explain the concept of right as the basis of all citizenship rights in political jurisprudence. From the results of the present writing, which is written based on a descriptive-analytical method, it is possible to draw the principles and development of jurisprudential perceptions of the concept of right and its transformation (i.e. changing the tools and process of inferring right), including three theories of custom, production, obedience right and legal validity. Proving the "effective ratio of the concept of the right to build a state as well as the scope of competencies of the religious state in seizing the people" is another result of this article.

The formation of the government and the adherence of the people to the institution of government, based on the principles of both Sunni and Shi’a jurisprudence, depends on the formation of the "correct" government. The "correctness of governance institutions and mechanisms" and conversely, the inconsistent jurisprudential theory of "imperfect government" in each of these principles, despite conformity, have significant differences. In addition, the weakness of the government faces many challenges and ambiguities that will affect the ratio of powers and scope of guardian and obligee to the sovereignty and duties of citizens. The present study, with a descriptive-analytical design and explanation, deals with the comparative comparison of imperfect government in general jurisprudence and its contexts in Shi’a jurisprudence, and on the other hand, considers the various provisions of the public law of such government. The legitimacy or validity of domestic legal authorities’ (or institutions) actions that are not in line with sharia or legal conditions, can be a dimension of this theory in Iranian constitutional law. As a result, in Shi’a political jurisprudence, “the government of unjust”, “the guardianship of the believers” and “the election of a non-competent person to rule”, can be the forms for the realization of an imperfect government.

In this article, the view of Kathryn Kueny about “wine” in the Encyclopedia of the Qur’ān, volume 5, pages 481 to 483 is propounded. Then, it has been probed using the jurisprudential, exegetic, and lexical books of Shī‘a and Sunni and some articles of Iran’s positive law. The author, at first, mentions the quiddity of wine and the location of winemaking, and then investigates the lexicology of the words khamr (ordinary wine), sakar (intoxication), and raḥīq (pure wine). Later on, the quiddity and difference between the worldly wine and heavenly wine is put forward. Finally, the jurisprudential principles for drinking wine and its metaphorical sense are mentioned.

The crisis of natural resources in the world and the continued submission to the inefficiency of domestic and international "statute law" have led Environmental scientists to believe in “the lack of the element of spirituality in the environmental law system” and “the necessity of returning to the fundamentalization of Islam-centered propositions among all religious systems”. With this purpose, the issue of the present descriptive-analytical research is the independent reasoning induction of “capacities, principles and requirements of Imamiyyah jurisprudence” in line with the legislation of “interaction with natural resources” in the context of binding propositions. The present study, by moving to the direction accepted in the “structural order of jurisprudence” (measuring the validity and non-validity of propositions), achieves the essential order of natural resources including the two-sided duties and rights of the government-people. Hence, the following research suggests a perspective for legislators to support natural resources, which will be based on two components: “principles” and “policies and guarantees”.