اصغر عربیان

The present research aimed at reviewing a key issue, “in post-revolution Iran, under social changes, Iranian family institution has been faced with important challenges such as early or late marriage, changed childbearing and parenting values and appearance of abnormal families.

descriptive-analytical methods were used for a descriptive research. Library method by referring to the books, papers, documents, and internet websites was used.

Social changes in Iran followed by family changes including extended family changing to nuclear family as the most notable one along with reduced family functions and outsourcing them, breakdown in relationships between generations, conflicts of values, changed power structure, the problem of aging, early or late marriage, changed childbearing and parenting values, and the appearance of families abnormal in Iranian society.These changes have resulted in different challenges including violence against women and children, uncertain conditions of widowed women and their children, financial family issues, raising family disputes and divorce, dangers for mother’s lives, increased illegal and irreligious relations, violence and discrimination against women in workplaces. In response to some issues and their damaging consequences, some post-revolution legal regulations based on interpretations of dynamic Islamic jurisprudence have been changed and reformed, but, some of them remained intact waiting to be reviewed to regulate family members’ interactions and their relationships in accordance with contemporary conditions and circumstances

social changes have resulted in shaping different challenges regarding guardianship and headship in family, financial regulations for families, the relatives, child marriage, custody, abortion, white marriage, and women employment etc. These new challenges have had different damages to and consequences for family nature doubling the necessity of accordant legislation and reforms in laws to control and adapt them

In the field of family institution, from the perspective of sociology and criminal law, especially criminology, there are many factors and variables that can be effective in committing or preventing crime. The criminal justice system requires that the roots of the crime and the tendency towards it be analyzed from the smallest element of the society, i.e. the family. Although in criminology, criminals can be divided into accidental and habitual criminals; But in accidental criminals, the roots of crime are activated from the most basic institution of society, namely the family. On the other hand, crime-causing factors generally include physical and genetic factors, emotional and psychological factors, as well as social factors and environmental effects, can be formed from the foundations of the family. Therefore, the family will be recognized as an independent variable and the effect of the family institution on the occurrence or prevention of crime as a dependent variable; Therefore, the factors in the family are analyzed by separating the effective factors in committing crime and the effective factors in preventing crime. The results of the discussion indicate that the challenges of the family institution such as violence, corporal punishment, parents' preoccupation and the like can be effective in the occurrence of crime, and on the other hand, emotional connection with children, family management and religious education can have a direct effect to prevent crime.

Istehhab, which is one of the most widely used topics in the sciences of jurisprudence and the principles of jurisprudence and law, is defined in its definition: From the beginning of the science of the principles of jurisprudence, until the time of Vahid Behbahani, the scholars of the principles believed that the reason for the legitimacy of istishab is narrations and istishab is a devotional and founding rule in case of doubt and as a result istishab is one of the practical principles. However, most fundamentalist scholars after the time of Vahid Behbahani believe that the reason for the legitimacy of istishab is the intellect and manners and method of the wise, therefore, istishab is a presumption. Sheikh Ansari, with the initiative of practical principles, put Istehhab next to the other three practical principles and changed its nature from being a narrative to a practical principle. If we consider istishab as a statistic, istishab is a way and a discovery for reality. But if we consider it as a principle, it is obligatory only to remove the bewilderment and confusion, and its benefit is in the place where istishab conflicts with a statistic, while if we believe that istishab is a statistic, they fall for two reasons, but if we believe that Istehhab is the principle, in which case the statistic precedes and enters into the principle of Istehhab. Because we go to the principles of jurisprudence when we call it the principles of ijtihad.

The right to self-determination, as a fundamental and inalienable right, allows individuals and nations to have a decisive influence on their political, social, and economic destiny, among others. In fact, the right to self-determination, as the foundation of other fundamental human rights, plays a significant role in their realization for the people, nation, or group as the primary holders of this right. In human societies, it can be assumed that if this fundamental right is not observed in a society, that society will not be committed to other fundamental rights or human principles either. The right to self-determination has a close relationship with the genuine will of the people, which must be freely expressed, and they must be able to exercise this right without any pressure. This principle also holds an important position in international law, as mentioned in Article 1(2) of the United Nations Charter, where it is referred to as a fundamental basis for peaceful relations between states and nations. Furthermore, this right is outlined in Article 1 of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social, and Cultural Rights as a general right that can encompass various aspects of political, social, economic, cultural, and other dimensions of a nation's life. The conceptual scope of this right, due to the growing attention to certain fundamental legal principles, has led to interactions with these principles and has expanded the meaning of jus cogens in contemporary international law. As a result, violations of many fundamental legal principles invoke the international responsibility of states concerning the right to self-determination.

One of the examples of foreign exchange transactions common in the recent years in Iran is the future exchange transactions. Theses transactions basically are done in economic systems with high fluctuations of foreign exchange rate in their markets. The main base of profits from the mentioned transactions is these fluctuations. These transactions in systems under international sanctions may have direct effects on the market fluctuations. For the same reason, the government should regulate the mentioned transactions and how they are performed. In Iran, too, some sporadic regulations have been approved by some special institutions such as the central bank and its jurisprudential council and the high council of economic coordination to forbid future foreign exchange transactions. The mentioned transactions to be considered by two aspects: first, their legal credit; and, second, judicial courts’ approach to them. Using descriptive-analytical methods and library tools to gather data, the present research shows that future foreign exchange transactions from the jurisprudential standpoint face with challenges including prohibition of uncertainty and usurious transactions. In the judicial procedure, the mentioned transactions have attracted attentions as the tools for general criminal activities such as acquisition of illegitimate properties and causing disorder in the economic system.

Contemplation and investigation of various narratives by the Imamiyyah jurists about the ownership of oil and gas mines reveal that four theories are more popular. They include the inclusion of the mines by the concept of Anfal (profits), Ibahah (permissiveness) in mine ownership, subordination of mine ownership to land ownership, and the difference between inner and outer mines. Since these controversies have led to the ownership of the oil and gas mines by the government, or public and private ownership, and the difference in the way these resources or their benefits are used, this topic has been always a challenge and a bone of contention. In the Iranian legal system, oil and gas ownership has been studied under the title of “mine’ and the influence of Imamiyyah jurists. Although some scholars have considered the approach of the legislator based on the theory that mines are absolute Anfal, the findings of the present study, referring to principles 44 and 45 of the constitution, indicate that actually, the legislator has issued a general ruling without considering the jurisprudential issues related to the examples of Anfal or inclusion/exclusion in Anfal. It has attributed the ownership of the Anfal and public wealth to the government only by the term “in possession” so that it can act in accordance with public interests. The same basis has been reflected in the Petroleum Act of 1987 and the Amendment to the Petroleum Act in 2011, and the government has entrusted the Ministry of Oil with the exercise of sovereignty over oil resources and facilities on behalf of the Islamic government.

Valid custom approved by the Shari'ah is one of the evidences and tools for deducing Islamic rulings. In some cases, it is the most important and sometimes the only document for responding to the daily needs of society in the field of ijtihad (jurisprudential reasoning). The Shari'ah has approved the custom of custom in non-worship matters. Since rational presumptions do not need to be authorized by the Shari'ah, their rationality suffices for their authenticity. This is because the audience of religious rulings are the common people, and the religious orders have been established for them to live better lives. Entrusting the diagnosis of issues to specialized customs is effective in many cases and leads to uniformity in the construction of logic. The custom in question is a precise and tolerant custom that is carefully adapted and recognized. In this case, there is no prohibition in the Shari'ah. It cannot be said that a custom with this characteristic, which is a product of rational nature and as a general theorem of proof, is a proof in the time of the presence of the Infallibles (peace be upon them) and not a proof in the age of absence. On this basis, custom is one of the evidences and tools that can be used to deduce Islamic rulings.

The currency system of the country has been in turmoil in recent years due to the imposition of international sanctions against Iran, and illegal currency brokers and traders have fueled this turmoil. Meanwhile, some unauthorized foreign exchange brokers and dealers have further provoked the turmoil. Unfortunately, by forming groups of hundreds persons in real life and virtual environments, some of the brokers attempt transactions called “foreign exchange value tomorrow” something which, according to economic studies by the central bank of Islamic republic of Iran, have created disturbances in the Iranian economic system. foreign exchange value tomorrow transactions include those transactions when the parties, without giving or taking, postpone foreign currency delivery to tomorrow or some days later, while most of the time no delivery takes place, and the parties just regard the exchange rate difference. According to the regulations of foreign currency exchange and amendment of anti-smuggling of goods and currency act, foreign exchange value tomorrow transactions, are considered illegal.

A Comparative Study of Women's Rights in Divine ReligionsAbstractWomen's rights and their positions in the divine religions, especially in their books, have always been disputed and faced with different comments. A descriptive-analytical study of the contents of divine books shows that, for example, in psalms one can’t find especial regulations in this regard. Although, in the old testament, the creation of woman follows the creation of man, but, in the new testament, this point of view has been turned into a more modified form. Quran, in general, considered the creation of the two coming from a single spirit. Quran and the old testament both assign divorce and polygamy rights to men. While, the rights of social, religious, and political activities for women are in common between Quran and the new testament. Also, the prohibition of having an instrumental look towards women is the most important common point in the three abovementioned divine religious books.Keywords: Bible, Torah, Women's Rights, the Old Testament, the New Testament, Quran.

The legislator of the Islamic Republic of Iran has also considered these important developments from among the regulations regarding the defense rights of the accused; and paying attention  to and supporting the accused from the very beginning of the criminal process (crime detection) has been taken into consideration by the legislator. Being influenced by international paradigm of fair trial and using comparative studies by adopting new approaches from the investigative procedure system, the law of criminal procedure has moved away from the preliminary investigation stage. Maintaining security and respecting citizens’ rights followed by meeting the basic human needs is of primary importance.

Given the nature of the subject and the intended goals, the present research is of qualitative type and descriptive and analytical in terms of method and is based on explanation, expression, description and reasoning based on the materials extracted from the sources.

It will not be possible to establish criminal justice unless one holds a fair trial based on providing the right to petition and defense for the accused; because disregarding the defense rights of the accused and not respecting them may lead to the guilt of the innocent and the freedom of the criminal persons. That is to say, the measures taken to restore the disturbance in the public order and security and prevent the violation of the rights of the members of the society, have adverse consequences and lead to disturbance of order and violation of citizens’ rights.

Protecting the rights of the accused in the under-review period in the criminal system and social rights are closely related to each order, because the protection of these rights is aimed to preserve the dignity, personality and social position of the accused in the law and society and prevent the destruction of the personality and high human status of people, and finally brings about social security for the citizens.

The constitution is in fact the foundation of a country and the basic fundamental basis for regulating and controlling the relations between government organizations and government relations with the people and the people with each other within the framework of conventional political culture. Regarding any constitution, two basic components are decisive important: One is the unchangeable principles of the constitution, which are mainly related to the structure of the national government, the political regime and the fundamental rights of the citizens, ; and the other is the revision of the constitution according to the variable needs of different generations. There is no doubt that the first component, i.e. immutable laws can violate the second component, which includes some principles of fundamental rights, such as the right to self-determination but in this research, after considering various aspects of the first component, it is concluded that the validity and continuity of these principles will strengthen, maintain and consolidate democracy and protect the rights of citizens.

There is no consensus on the nature of copyright in legal systems; Theory of Personality rights (in German law), theory of debt, theory of natural right and as property (in Britain and the United States in the 18th century and some of the Paris Court of Appeals), property theory (some of the French courts and some of the Egyptian doctrine), the theory of dual nature (in Quebec law, Lebanese law, the Berne Convention and French intellectual property law), the theory emphasizing the economic benefits of intellectual property, the theory of labor law, Special right theory and as a kind of intellectual rights and privilege theory have been proposed and analyzed. Egyptian law is as silent as Iranian Law. In Iranian law, the term intellectual property is often used (property theory), as a result, the theory of two dimensional nature (independence of the nature of material rights from the morals rights of the author and the specific nature of each one) is more correct. So, the property theory is flawed; because it does not include moral rights that are non-financial and related to the author's personality. The type of this article is Academic / Scholarly.

In the EU Council Directive to Protect the Consumer, ratified in 1985, strict liability is accepted as the basis for civil liability of the producer.In Iranian law, there is disagreement among jurists regarding the basis for the legislator's choice in the Protection of Consumers’ Right Act, ratified in 2009.The bases for producer’s liability in Article 2 of the aforementioned Act is not clear. Moreover, it is not clear whether in the production and distribution chain, the suppliers have joint liability or several liability, and to what extent such liability may be extinguished through exclusion or limitation of liability clauses.The results of the research show that civil liability in the EU Council Directive to Protect the Consumer, contrary to the general rule of liability, has been enshrined based on non-fault or strict liability. Thus, claiming damages from the producer and distributor does not require proof of fault.

A comparative study in the theory of imprevision after the amendments of French Civil Code in 2016 and comparision with the similar jurisprudence rules in Imamiah jurisprudenceAbstractAlthough in jurisprudence the reference to the theory of Imprevision is relatively limited, but nevertheless some rules and principles of jurisprudence such as the rule of hardship, new swindling and harmlessness in justifying such theories have been cited by legal writers. Although some jurists have equated the harmlessness, hardship and new swindling rules with the theory of Imprevision in French law, a distinction must be made between the above rules and the theory of Imprevision. However, the theory of hardship has enough consistency to resolve the troublesome situation of unpredictability and prevention until the ambiguity is resolved and a new rule is enacted. In other words, judicial modification or revocation of the contract, like the theory of non-contingency after the amendments to the French Civil Code, can be deduced from the rule of hardship.Key Word: theory of Imprevision, harmlessness rule, hardship rule, the theory new swindling

The relationship between food and human health has led to the adoption of various laws in different countries regarding the effects of civil liability due to production defects in food and also the role of insurance industry and compensation funds in achieving these effects. Research is ahead.

Because this study analyzes the data qualitatively, it lacks a clear statistical population. Obviously, the criterion of data analysis is based on logic and reasoning and based on the study and inference of laws and legal doctrine, we analyze hypotheses and data.

Ethical Considerations:

 In the present study, preserving the originality of texts and fidelity in speech quoting, as the most important ethical requirements have been considered by the authors.

The research findings indicate the effectiveness of the insurance industry in realizing the effects of civil liability due to food production defects by predicting pure liability for producers and also creating a system based on compulsory insurance. In the case of compensation funds, although the special fund for damages caused by food production is not specifically provided for in the legal systems of the United States, European countries and Iran, but similar and close legal mechanisms can be used, which is one of the most important They can be called liability contracts as well as contracts for the intensification of liability.

It seems necessary to use more and more neglected capacities of the insurance industry as well as compensation funds by the Iranian legislator in order to realize the effects of civil liability due to food production defects (customer compensation and punitive damages).

Weakness in government functions means the executive branch in many developing countries, including Iran, is evidence of the growing conditions for the spread of administrative secrecy and corruption in these countries. In most of these countries, the source and cause of government inefficiency, the existence of variables such as corruption, secrecy and lack of transparency, rent-seeking in obtaining legal privileges and economic licenses, reduced productivity, employment and unprofitable activities of government employees, disregard for the principle Meritocracy and the rule of gangsterism and the appointment of incompetent people in managerial fields. How to increase the efficiency of the government by prioritizing transparency and countering rent-seeking and discrimination (corruption)? And what are the executive strategies for achieving real government efficiency? And does tackling corruption and creating transparency lead to government efficiency and public satisfaction? The results of the studies conducted in this study can increase the constructive, trusting relations in economic and political systems between the government and the people and, as a result, bring the strength of national development programs and the quality and efficiency of the government in the sense of executive power. Brought. This research examines the effectiveness of government through existing information and records and uses standards related to a qualitative research based on interpretive methodology and content analysis.

A conflict of interest is a situation in which there is a potential capacity for impartiality in the decision or action of an official, manager or employee; In other words, a situation in which an individual or organization is faced with different interests, each of which can corrupt the right decision of that person or organization. Although conflict of interest does not necessarily mean corruption, it does mean creating conditions for corruption, and the individual or organization may be consciously or unknowingly engaged in a conflict of interest.
Conflicts of interest in politics are important because of the many slips they can cause. Therefore, any phenomenon that causes personal or group interests to take precedence over national interests in decision-making in any category of administrative responsibilities is a source of conflict of interest.
Conflicts of interest may arise from individual or institutional factors. In the Iranian legal system, conflict of interest has been considered not in the discussion of prevention but in some instances of conflict of interest with a criminal and criminal approach. And is in the pre-legislative stage.
There is a conflict of interest in all areas of public policy, especially in the field of administrative health, which has been evaluated by the field method (questionnaire) as one of the disadvantages of administrative health policies in the stages of development, implementation and monitoring. Indicates low administrative health and confirmation of the existence of conflict of interest in the stages of formulating, implementing and monitoring administrative health policies.

One of the conditions that the parties agree on when drafting the contract is determining the condition of the obligation. The present article seeks to examine the "adjustment of the contractual obligation in the 2016 French Civil Code."

The research method is comparative and the data collection method is documentary-legal analysis. Ethical considerations: The writing of the present article is based on the observance of ethical principles of writing articles, including fidelity in citation.

Comparison of previous laws and the amendment of the French Civil Code (2016) is mainly based on compliance and convergence with the international environment is influenced by the phenomenon of globalization in order to be able to modernize it while maintaining the original structure of the civil law.

The French legislature seeks to bring contracts and their obligations into line with European law. In the next step, to ensure equality and observance between the interests of the parties, regardless of market requirements. In this sense, it is a progressive law that other legal systems can take advantage of, taking into account indigenous conditions.

To include women for citizenship rights is an important matter and it has been a subject of serious discussions in various schools. In the present research, after gathering related and relevant data from jurisprudential texts, Islamic approach to the women´s rights of citizenship were explored and analyzed. The results showed that, in Islam, the women´s rights of citizenship are of three aspects including primary rights, social rights and marital rights. Also, positive discrimination in favor of women is one of the social policymaking methods in Islamic Teachings as a solution for compensation for discriminative behaviors and realization of the women´s rights of citizenship. Ambiguities ascribed to Shiite jurisprudential approach regarding equal rights to women and men results from the fact that many humanistic schools don’t believe in distinctions between the similarities between women´s and men´s rights and the equality of those rights. This point can be analyzed in various issues such as heritage, punishment, testimony, divorce, judgment, and authority. Due to superiority of Islamic approach, in developing the women´s rights of citizenship its teachings can be followed and introduced as a model for legal schools.

In current world, cases referring to arbitration as means of resolving dispute is an undeniable necessity. Due to some deficiencies in Iranian legal system, strengthening this institution seems to require protective of other legal instruments; one of the most important of which is the principle of good faith. Since currently there is no specific criterion for behaviors with good faith in Iranian arbitration laws of our country. This article by examining the principle of fair trial, introduces criteria and factors such as "Clear Hand, Prohibition of inconsistent behavior, Timely production of documents, Prohibition of Evidence hiding" as standards for measuring the parties behavior in obligation to good faith and continuity during the arbitration proceeding. Procedural of good faith concerns proper enforcement of principles of arbitration. Therefor it leads the arbitrators and the parties to the effectiveness of arbitration. In this article by investigating the laws related to arbitration in English and Iranian law and judicial proceeding, analyzes these standards using descriptive-analytic method and the obligation of arbitration parties in this regard and English and Iranian legal system approaches has been examined.

Legitimacy is one of the long-standing and most essential debates in political systems. It is important in that the political systems’ sustainability depends upon legitimacy. Therefore, any government tries to consolidate its legitimacy to avoid disruption. Reason is an outstanding element in Imam Khomeini’s political thought. Therefore, in terms of political legitimacy of the governance, he considers appealing to reason as the most important intellectual proof. Speaking about Imam Khomeini’s manner of Ijtihad (the process of making a legal decision by independent interpretation of the legal sources), rational proof is more outstanding in his political legitimacy. Imam Khomeini’s jurisprudential and Usuli (principles of Islamic jurisprudence) fundamentals are influential constituents of his political thought. Many novel debates presented by him on political jurisprudence come from the practice of rational proof in using the references. Additionally, in view of Imam Khomeini, rational proof can be used for conforming jurisprudential principles to modern-day developments and issues. The discovery of many jurisprudential principles and their use in political arena is a result of Imam Khomeini’s rational work. Therefore, in identifying the criteria for verdicts in his rational method, Imam Khomeini appeals to reason to analyze and conform jurisprudential principles to everyday developments. This is how the political theory of the absolute rule of the Islamic jurisprudent and the establishment of an Islamic system of government are formed.