ardavan arzhang

According to various legal texts, such as Article 55 of the Municipalities Law, the Ministry of Roads and Urban Development, the Road Maintenance and Transportation Organization, municipalities, and traffic police are obligated to take various actions for the development of thoroughfares and enjoy specific privileges such as immunity from liability for governmental actions. On the other hand, statistics on financial and bodily accidents on roads and court rulings against these entities indicate unresolved legislative and legal challenges that not only fail to ensure social order and security but also lead to crimes or violations and omissions due to the exploitation of legal gaps and advantages, resulting in damages that each carry legal and social harms. The question arises: What are the challenges stemming from the deficiencies and inefficiencies of laws related to the entities responsible for safety and development of thoroughfares, and what are the solutions? Ambiguity and dispersion of laws, ineffective enforcement mechanisms, and lack of adequate oversight are part of the legal gaps that have led to consequences such as increased violations and omissions in the development of thoroughfares, the spread of corruption, and an increase in the number of related lawsuits, misappropriation of public assets, confusion among drivers, and the loss of social order and security. This article employs a descriptive-analytical method, utilizing court precedents, civil liability rules, and principles of good governance such as accountability and the necessity of responsiveness, to elucidate the mechanisms for claiming compensation for damages incurred by these entities.

The organization tasked with collecting and selling illegal property has encountered several legal challenges, such as: Legal loopholes that hinder the ability to claim damages for negligence Extended legal deadlines for determining property ownership The multiplicity of possessions and the parallel work of similar institutions A lack of guarantee for efficient execution and timely fulfillment of obligations Insufficient interaction between government organizations     These unresolved challenges have had significant consequences for the organization's material and legal possessions of illegal property, including: Violations of property rights due to improper transportation, storage, or disposal Delays in fulfilling obligations Disruptions in the process of assigning illegal property Increased violations and omissions in securing government property rights Numerous lawsuits Financial losses Confusion among businesses Loss of economic order and security   This article aims to address the following questions: What are the legal challenges faced by the organization for the collection and sale of illegal property? How can these challenges be addressed through legal solutions?   The research methodology employed in this study is practical, objective-based, and qualitative, using content analysis. Information was gathered through library research and field interviews with experts, using a descriptive-analytical approach. The findings of the research reveal that the challenges and solutions can be categorized into three areas: legal, judicial, and executive.   Legal challenges include: Insufficient rules for claiming property damages and determining performance guarantees Lack of timely prevention of violations and omissions   Executive challenges include: The organization's extensive scope of obligations and possessions Parallel work of similar organizations Increase in contraband and prohibited goods Cultural and educational gaps   Judicial and regulatory challenges include: Delays in court proceedings related to property assignment Weak performance of inspection and supervisory institutions Increased judicial cases The complexity and specific characteristics of crimes related to seized property   The organization's establishment law, anti-smuggling law, and customs law have caused confusion for officials, owners, and businesses. The lack of clarity in judicial opinions and the assignment of possessions has also hindered the organization's efficiency. Multiple obligations and the failure to prevent illegal possessions have not only violated the government's property rights but have also significantly impacted the organization's timely performance of its legal duties. This has led to violations and omissions, damage to private property, and disruptions in economic order. Proposed solutions include: Comprehensive amendments to the organization's establishment law Creation of specialized courts Establishment of online communication systems between relevant organizations Training classes and research support Increased communication with scientific authorities   If the organization becomes a member of the anti-trafficking headquarters, the process of determining property ownership can be facilitated, and the volume of prohibited and smuggled goods can be reduced.   Innovations of this article compared to previous research include: Providing legal, judicial, and executive solutions to address the organization's challenges Categorizing executive restrictions to ensure timely fulfillment of legal obligations Suggesting guarantees for more efficient execution to prevent and resolve violations Identifying new areas for future research   The research findings demonstrate that while the establishment of the organization has centralized the collection, storage, and sale of seized property, unresolved challenges, such as the dependence on final judicial rulings for property assignment, have disrupted the process in some port cities. The most significant legal challenges faced by the organization in the third decade since its establishment include: The growth of contraband, counterfeit, and prohibited goods Managers' abuse of legal ambiguities Increase in violations and economic crimes Improper storage of property Spoilage of goods   To prevent further challenges and ensure timely fulfillment of obligations, vague and numerous rules should be removed or modified, the organization's duties and powers should be consolidated in a single law, and clear criteria should be determined for various assumptions of its possessions. By addressing these challenges, financial losses to the government, owners, and merchants can be prevented.

The consequences of a crime sometimes befall other individuals who have not played a role in the commission of the crime. Therefore, the scope of the duties and authorities of the judicial police in dealing with individuals unrelated to the crime, similar to their dealings with the perpetrator himself and the crime, must be based on the law and be clear and transparent. Sometimes, after the commission of an apparent crime, the person is pursued by the officers, and then, in the course of the pursuit, in order to escape from the law enforcement officers, the person hides in a residential home or an academic environment. In this case, what is the duty of the judicial police? Can they enter the private domain of individuals unrelated to the crime without a judicial warrant? The Iranian legislature's approach is such that for the inspection of residences, whether the place belongs to the accused person or another person (not involved in the realization of the crime), different laws have not been enacted, and in both cases, one law is applied, while a difference and distinction in this regard is necessary. Proving this difference and the need to create a differential approach is the outcome of this paper. The present research has utilized a descriptive-analytical method and library resources.

Nowadays, riots are one of the spreading events that cause huge damages to people's lives and property. Relatively permanent phenomena - but constantly changing face in the present era - whose spread is a warning for societies. Although dealing with riots and the resulting loss of life has been discussed in the criminal laws of countries including Iran, and the resulting financial losses have almost opened their place among civil liability issues, but this question shows which person Or are there persons responsible for compensating the damages and in what ways should such damages be compensated? The upcoming search has determined the responsibility and the quality of compensation for such damages with the support of the rich jurisprudence system, certain legal principles and reflecting on the laws of European countries. The concept of proving the government's civil responsibility or securing damages through special institutions such as insurance - which is often under the control of the government - is supported by jurisprudence and legal justifications. The claim of this theory is present in some of the traditional foundations of civil responsibility, and in most of the other parts, it is necessary to present a new approach that can be justified with a new look at the jurisprudential and legal dimensions of the government's responsibility.

The civil responsibility of the doctor in Iranian and American law is based on the theory of fault. With the difference that according to Article 495 of the Islamic Civil Code, the fault of the doctor is assumed and he must prove his innocence. According to the Good Samaritan Laws, to remove the civil and criminal liability from the doctor, the mere act of good faith is sufficient, provided that he has not committed a gross fault, even if there are emergency conditions in the hospital environment or outside of that environment. According to Iran's laws - based on Article 509 of the Islamic Civil Code - including the implementation of the rule of beneficence towards the doctor and the loss of the guarantee from him, in addition to having good intentions, this means that he should not commit fault and aggression in practice. The mere act of good faith only causes his criminal liability (and not civil liability) to be removed. The prohibition of beneficence in citing harm to the benevolent doctor and the conventional proportionality between benevolent action and avoided harm are among the elements of benevolence.

Sometimes, the consequences of the crime affect other people who did not play a role in the realization of the committed crime. Therefore, the limits of the officers' duties and powers in dealing with persons unrelated to the crime, as well as dealing with the criminal and the crime itself, must be documented by the law and of course clear and transparent.Sometimes a person is pursued by the officers after committing an obvious crime, then hides in a residential house or a scientific environment during the pursuit to escape from the hands of the police officers. In this case, what is the duty of the officers? Can they enter the privacy of persons unrelated to the crime without a court order? The view of our legislator is that for the inspection of houses, whether the place belongs to the accused person or another person (ineffective in the realization of the crime), he has not established different laws, and in both cases, the same law is applied, while the difference and separation in this The item is required. The proof of this difference and the need to create a different view is the result of this article.

According to this rule, retaliation of a limb is for the "shain" (defect) that has occurred due to the crime, not merely the cutting and separation of the limb. "Shin" has not yet found its place as a jurisprudential rule. Therefore, the question of this research is to extract and establish the jurisprudential rule of Shin, as a fundamental rule in the chapter of retaliation of limbs. Based on the descriptive-analytical method, this paper presents the evidences of the rule (including the verse of Eteda, the narration of Ishaq Ibn Ammar, and consensus and also explains the characteristics of the rule such as the continuity of Shain, the actuality of Shain, and the similarity of Shin. Organizing the related titles in the form of a rule (based on the jurists methodology) will lead the towards a disciplined practice. Moreover, this rule is worth considering from the perspective of criminal philosophy and its affirmative and customary nature contributes to its validity, discipline, and regularity.

The pattern of criminalization and punishment in jurisprudence follows basic rules, principles and ideas, some of which are specific to some crimes and others are executable in all divisions of criminal jurisprudence. The principle of ḥamā - with the concept of applying the prohibition decree from the center to the surrounding environment - is considered as the most important principle in the field of preventing major crimes and supporting value patterns in Islamic society. So far, the jurisprudential and legal analysis and pathology and the challenge-seeking of this principle have not been dealt with. The main issue of this article is the basic challenges of the jurist and legislator in sanctioning and penalizing (criminalizing) permissible acts based on this rule. If utilizing this rule as the basis of criminalization, despite its narrative theoretical nature, is documented without considering some paralegal and extralegal suppositions, it will pose serious challenges for the philosophy of Islamic and conventional criminal law and some of their doctrines; challenges such as the confrontation of the principle of ḥamā with rights and freedoms, the theoretical contraction and expansion, the fundamentals of the principle of ḥamā, the principle's incompatibility with the principle of minimalism in criminal law, and the principle's resulting (intāj) in the inflation of criminal laws. In other words, although the exigency of implementing the principle is available, in some cases its obstacle is not missing. Therefore, the necessity of discipline in adhering to and citing this principle is fully confirmed.

The proportionality of the punishment with the amount of the responsibility of criminal  in the committed crime is a rational principle in the Diyat. This means that the amount of personal responsibility in paying Diya for a more serious crime should be more than for a milder crime. The implementation of this principle requires the preparation of preliminary documents that Islamic jurisprudence and legal issues along with medical science can determine the most appropriate punishment based on the degree of responsibility for crime. Bone injuries are one of the subjects of the Diat book, and the implementation of the principle of proportionality in it requires a precise definition of bone injuries and the scope of each of the listed bones and injuries. Although in Fiqh, the Diya of some bone injuries is mentioned, but with the advancement of science, many bone injuries have been mentioned in medical science with the help of imaging, which reconciliation of medical injuries with Fiqh and law requires the determination of the scope of concept bones and the definition of its injuries mentioned in the narrative texts as The subject of rulings and then is matching the injuries in medical science with it. According to the law of criminal procedure, the investigator must obtain the opinion of a forensic doctor or invite them as the case for examine injuries, marks and signs of beating and physical injuries.In the narrative-fiqhal texts as well as legal texts, the ruling is referred to as the bone, which includes all its parts. While referring to the forensic medicine procedure in issuing certificates, we see some decisions being made that are different from what is mentioned in jurisprudence and legal texts. Also, in medical science, nearly 20 types of bone injuries are considered, but bone injuries are mentioned in Fiqh with much more limited titles. The comparison of bone injuries from a medical point of view with Fiqh has been done in a tabular format which can be used in the judgment to punish according to the amount of life responsibility by determining the severity of the injury based on the injuries mentioned in the Fiqh as an indicator, which can be used by the judge in issuing judgments or investigations or examining Actively in forensic medical certificates.This article, in a library form, examines how to adapt the scope of bone inclusion and the concept of its injuries from a medical point of view with Fiqh and jurisprudence as a prelude to the implementation of the principle of proportionality of punishment with the amount of responsibility in compensation o bone injuries.

Lack of sanctions for the efficient fulfillment of cultural obligations of the government in policy, legislative, executive and judicial terms has created  shortcomings as regards legal provisions such as article 3 of the [Iranian]Constitution. It has also led to the violation of individuals cultural rights. In addition, article 11 of the Civil Liability Act exempts the government from liability in all governance matters, regardless of the importance and vulnerability of the victim. This has created a large gap in compensating damages caused by the actions or omissions of natural and legal persons in respect of cultural rights. If legal challenges such as how to prove faut in cultural affairs are not resolved in a timely manner, beside affecting public order and security, it will further increase the violation of rights and cause human, material and moral damage to individuals. The question that arises is, what is the way to demand such damages, especially from the sovereign institutions such as the Supreme Council of the Cultural Revolution and the Ministry of Culture and Islamic Guidance? In this descriptive-analytical study, while explaining some principles of administrative law and good governance such as responsibility and accountability, it will be argued that due to the high importance and particular features of cultural rights, damages caused by government institutions to such rights should not remain without compensation.

A number of occupations necessitates that the people deal with risk like frontier guards, battlefield fighters, security police, firefighters in high-risk situations, and other occupations in which the duty and commitment naturally involve danger and endurance. Although both jurisprudentially and in accordance with the principle of Article 152 of the Islamic Penal Code, urgency removes punishment, the legislator, under the note to this article, has not allowed individuals responsible by law or duty to cite danger and urgency to leave duty and the breach of obligation is considered a crime entitled to punishment (criminal responsibility). The validity of this note can be documented based on evidences and jurisprudential principles; in this way it can be justified and legitimatized. The rule of action, the sanctity of escaping, the pervasive principle of the sense of responsibility, the sanctity of assistance in doing sin, the necessity of achieving the mental security of society, are some of the principles of the rule in question. The research method is descriptive-analytical and based on library resources.

The interpretation of "private plaintiff's consent" and "ways to obtain it" suffers from a kind of challenging ambiguity and conciseness. Therefore, research is needed in it. One possibility is its "subjectivity." This means that acquittal of the offender is possible only with the consent of the victim. Another idea and possibility is its "method"; That is, the output of satisfaction is not necessary, which is obtained in the form of words, but if the compensation is realized, satisfaction is achieved. The result of the approach of dividing the consent into real and legal is that in the title of private plaintiff, the aspect of privacy is superior to the complaint and, consequently, it is concluded that in addition to the direct method of satisfying the private plaintiff with apparent consent or expression, In case of resignation or compensation of damages to the private plaintiff by any person, whether the offender or a third party, the consent of the private plaintiff is obtained in a "judicial" manner. That is, obtaining the consent of the private plaintiff in a real and logical manner is not the exclusive way to obtain the consent of the private plaintiff

Note to Article 152 of the Civil Code, employees are required to do some activities that are required to deal with danger, and this duty and obligation on their part is usually associated with danger and loss (such as the police, whose duty is to maintain security, a person who, according to His legal and Shariah duty has gone to guarding the border, fighting and confronting the enemy, the fireman, who is generally in dangerous conditions while performing his duty, is not allowed to leave his duty citing danger and emergency. They are considered deserving of punishment due to their omission. This writing is descriptive-analytical and based on library sources, and believes that there are many jurisprudential evidences that consider this rule unsuccessful in the jurisprudential test and consider it to be critical and unacceptable. The self-evident ruling on the necessity of self-preservation, the impermissibility of self-induction in danger, the rational and rational ruling on the necessity of saving life, the inappropriateness of differentiation in the effect of emergency, the application and generality of emergency evidence, the importance of saving life in the event of conflict, the rule of emergency evidence over primary evidence, the emergence of evidence The primary obligation to fulfill the contract in case of non-discipline, the withdrawal of primary evidence for non-discipline, the condition of not being distrained in the fulfillment and discharge of the obligation are part of these evidences.

Many films promote certain behaviors which are dissonant with social norms - such as violence - The production and distribution of these films go hand in hand with a lack of supervision on the ground. To improve this situation, movies should be produced to raise the level of awareness of the audience, instead of targeting the audience's feelings, which is the fundamental mission of cinema. As for the heterogeneous criteria, films and programs are divided into different types, which are the reasons and the roots of criminalization from one criterion to another. This study aimed to investigate the principles and foundations of criminalization in conjunction with the spread of violence in the cinema. To this end, the principles and foundations of the criminalization of the distribution of these films have been studied by the descriptive-analytic method. The findings show that, based on the principles and foundations of criminalization of the promotion of violence, two strategies are necessary. The first solution is to revise the frameworks and policies related to the theme of movies so that the production stage of the theme is carefully regulated in the preventive aspects of crime, otherwise, criminal law, such as the second one, regards to according to jurisprudential and fundamental legal principles such as verses, hadiths, the rule of law, the principle of legal patriarchy, the principle of legal ethics and the principle of public interest, it prohibits broadcasting programs promoting violence. Considering these principles and roots, it should be noted that the portrayal of violence in cinema is balanced and reasonably sound, but the continuous and varied depictions of violence on a large scale have irreparable consequences

Today, attitudes such as considering people with mild symptoms of mental retardation and those with borderline intelligence as criminals by nature, is unacceptable and rejected. However, because crimes are registered in their names and in view of the strength of the risk factors, it is undoubtedly necessary to address in a special and detailed way the criminological issues of this group, especially delinquencies. In this article, which is qualitatively-inferential and based on library sources, the arguments of the proponents and opponents of the necessity of dealing with this matter have been brought up and discussed with emphasis on the duty of parents and those in charge of education and rehabilitation. Arguments such as the small number of these people in the society, the lack of criminal responsibility and the ineffectiveness and costliness of the measures have been seriously criticized and considered unacceptable. On the other hand, positive arguments such as the verse of prevention, the verse of "no harm" (lā tuḍār), the verses indicating the promotion of the good and the prohibition of the evil, as well as narrations such as the principle of no-harm (lā ḍarar) and rational reason have been presented on the necessity of studying and acting to prevent mentally retarded trainees from committing delinquencies.

Bone-crack is an injury known as "Sad’" in Islamic jurisprudence. Medically, this injury is defined as a type of fracture. Distinguishing this injury from other types of injuries and finding its examples are necessary because each bone injury leads to a different kind of compensatory damages.The amount of damages for bone crack is determined as a proportion of Diyah and functions as the standard for fracture injury although fracture is of two types of repairable and irreparable with different amounts of damages. Failure to determine which one of repairable and irreparable fractures is the standard has resulted in legislative equivocation.

This is a descriptive-analytical study and is conducted in a documentary method and by note-taking.

This study has been done with adherence to the values of honesty and reliability.

The findings of this study indicate that some kinds of fractures in medicine correspond with bone cracking and will be subject to its rules and effects. For the case of legislative equivocation, a solution can be sought in light of the principle of proportionality.

Bone injuries like hairline cracks and partial bone fractures are two examples of bone cracking. According to medical findings, bone cracks, greenstick fractures and intra-articular fractures conform to the definition of the injury in Islamic jurisprudence and thus are subject to the rules of bone crack. The Islamic Penal Code has attempted to determine the damages of bone crack injury as a single principle, however, after examining it from the perspective of Islamic narrations and Islamic jurisprudence; we came to this conclusion that there is no correspondence in some cases between the statute laws and the narrations. In the light of the principle of proportionality, it is possible by categorizing cracking injuries into repairable and irreparable to help to determine the amount of compensatory damages based on the amount stipulated in similar cases of fracture injuries as the standard and to remove the legislative equivocation.Please cite this article as:Arzhang A, Kalantari Khalilabad A, Rahmat MR, Shaker Ashtijeh MH. The Injury of Bone Cracking: The Concept and Principle of Monetary Compensation Resolving the Legislative Equivocation in the Light of Proportion Principle. Medical Law Journal. 2022; 16(57): e6.

One of the demands of feminists is to permit and legitimize abortion. Because it is a matter of the right to life of another person, it is perhaps the most challenging demand. Therefore, attempts have been made to provide various reasons in this regard. Referring to the right to choose, the right to freedom, as well as adhering to the right to flourish women's talents and also seeking help from the right over one's own body, the feminists seek to prove their claim. This paper, taking a view of the philosophy of jurisprudence as a science that is responsible for extrajurisprudential explanation of the jurisprudential affairs, investigates these fundamental issues. It considers the proof of these reasons weak and neutral, deems such attempts unsuccessful, and explains the disagreement between such principles and reasons and Islamic principles of the philosophy of jurisprudence.

To enter important responsibilities, such as the presidency, the parliament, an oath is referred to as a non-judicial oath. The importance of these occupations, as well as the status of the oath (due attention to religious-Islamic values), increase the prominence of this category. That consideration and this position, deems the violator of this oath as deserving atonement. But in addition to the religious atonement, for the guarantee of its implementation, there is silence that reveals the importance of research thereby. This inquiry is based on some principles such as the obligation of religious emphasis on fulfilling the covenant (based on Qur’anic verses and hadiths), jurisprudential rules (such as la zarar), inadmissibility of deprivation of public trust, the rule of maintaining order and the necessity of being a dictator. Faithfulness in the covenant and contract, maintains that the need for criminalization and violation of the judicial oath, is very justified and well-reasoned.

A brief look at the variation and magnitude of medical errors necessitates that compensatory ways be determined equitably and appropriate to the situations of the society. In this regard, jurisprudential and legal inquiries to determine the compensator for damages is very essential. The crucial matter in this regard is the doctor's guarantee or non-guarantee. One factor that might have such effect is obtaining letter of innocence from the patient, which has also been known as non-guarantee, or non-liability. According to a view, it is necessary to obtain letter of innocence from the patient for not guaranteeing a physician. Other views consider that the mere consent of a patient to receive medical treatment by the physician is sufficient for not being a guarantee. They not only consider that it is necessary to obtain letter of innocence from the patient but also maintain that there is no jurisprudential arguments and legal support for that. The implementation of the first view and consequently not guaranteeing the physician boosts the number of medical errors and further fatalities. Moreover, establishing the validity of such an innocence, which is, in fact, a condition of non-liability, has consequences. Realization of the other view provides the best for both the patient and the physician. Although famous jurists have not decreed on the recent opinion, it has documented based on the opinion of some scholars such as Ibn Idris. The central claim and idea of ​​the current inquiry are to clarify and justify the lack of necessity to obtain letter of innocence from a patient in the context of inaccuracy of the condition of non-liability with a new look at jurisprudential and legal dimensions of the physician's responsibility in a different statement and configuration.

The ownership of a vehicle can be proved by different proofs. The contradiction between these proofs is possible and probable. The contradiction between formal or conventional instrument and authorized conjectural proofs (ammarat) or with each other are types of these contradictions. In the contradiction between documents and authorized conjectural proofs (ownership amara) in the supposition of the simultaneousness, with the Corroborative evidences such as the document proof and negative evidences such as the inconsistency between the opposite supposition with the maxims, the document takes priority over amara. In the supposition of the different times some prefer amara because of its absolute validity. The preference of the document in this supposition is supported by the proofs of the previous mentioned supposition. The debate and argument about the evidences of the vehicle green card it is resulted that the part (the part which proves the owner of the vehicle plate) which police legally and exclusively have the authorization to establish it has been believed that the formal document and the other part (the part shows the vehicle ownership) it is not believed the formal instrument. But pursuant to the Islamic prevalent maxim -as the basis for the validation of ammarat- and because the ammarat are not restricted to the mentioned and known ones it is thought that green card is amara. It is a strong and logical amara which owes its power and effectiveness to the most cases and the behavior of most contract parties and it indicates the transfer of the vehicle ownership. Of course like other evidences and amara, the way to prove the opposing side is not blocked.

Punishment is imposed on a person whose appropriateness exists and whose obstacles are missing. Drunkenness, unanimously and concisely prevents (removes) criminal responsibility. It was expected that the legislature, based on jurisprudence, would express all the flaws of this supremacy. In the legislative criminal of Iran, the classification of drunkenness into different types and the differences of the rulings of some of them in each of the chapters and also determining the relevant sentence have not been given due attention. Some legislative ambiguities are due to the unreasonable repetition of rulings in a subject with different expressions, which is due to non-observance of formal cases and leads to different interpretations.The other part is defective or concise. The relationship between drunkenness and committing certain crimes and determining a single criterion, including cases of defects, as well as the sentence of ta'zir without determining its reference, is one of ambiguous if the crime is considered unintentional.

Criminalization, one of the important institutions of the penal system, like other jurisprudential and legal institutions, requires a strategic approach and transformation due to the complexity of human relations. The jurisprudence of systems is the systematic view of the jurisprudence system in thought and action to provide goals at the level of macro system structures and at the level of systems (social systems). The main question is what kind of change does the attitude based on the jurisprudence of systems create in this criminalization system? The legitimate claim of the Shari'a that it is comprehensive, universal, and temporal requires that there be no defects, theoretical conflicts, or practical implications in the judicial and penal system. With this assumption and by relying on the method of jurisprudential-innovative theorizing – Shahid Sadr - the subject, elements, effects, conditions of crime, and punishment of the perpetrator, has been redefined based on the jurisprudence of the system to reduce the theoretical and practical challenges of the penal system. The basis of this idea is that each crime, according to its necessity and belonging, has two personal and systematic directions and aspects, and with a micro and macro scope. Acceptance of these aspects has important effects on the responsibility of the criminal (manager and deputy), his punishment, and other cases. The claim of this theory is considered in some of the crimes (subject to hadd, qisas, diyat, ta'zirat) and the punishments of the existing conventional jurisprudence, and in another part, it needs to be commented with this new ap-proach.

If cultural and social institutions cannot play their roles appropriately in order to provide cultural rights, social norms and cultural values will be affected and there will be widespread changes in the lifestyles of influential people in society. In fact, not only will the spiritual and religious rights of citizens not secured, but also they will be disrupted; this is the result of irreparable spiritual and cultural losses. In addition, while in some cases, the hypothesis of the responsibility of public social institutions has been accepted, in other very important cases, such as culture, this hypothesis requires the production and explanation of research theories.  In other words, when a government takes over the system of society and nation, any misconduct in social and legal affairs at a macro level is due to its lack of deception, whether it results from improper regulation or non-regulation and non-fulfillment. This descriptive-analytic research attempts to outline the jurisprudential and legal issues of the state's responsibility, such as the rule of law, the theory of fault and the guarantee of the right. Considering the scope of civil responsibility of state in cultural affairs and mechanisms of compensating moral losses, this research attempts to base the theory on a regular and unitary model and introduce relevant challenges for future research.

One of the conditions stated for mahriyyah (dowry) is its determination and, of course, it faces challenges and ambiguities. The meaning of its determination, the inference of arguments (Nafy Gharar, Bay'e Jazaf) against the determination of exchanging items in the contract and the possibility of considering this condition in conclusion of marriage contract, the documentary and reasonable arguments in the necessity of complete determination of the dowry or the inference of brief determination of dowry,  the concept of brief determination, lack of conceptual clarity and referential knowing of moderate principle which in the narratives is considered as the solution of ambiguous dowries, are some of the challenges the determination of dowry has faced ambiguities. The current study seeks to mention the challenges in order to find the solutions based on the jurists' thought and viewpoint.

The duty to pay Khums and possession of its subject matter deserve reconsideration from the viewpoint of positive and imperative consequences. Such reconsideration depends on the nature of this rule and how it applies to property. The above said rule may be conceived in three ways:  pure imperative rule, positive rule of indebtedness and joint ownership (real joint ownership, joint ownership of property and joint ownership of a whole out of a specific aggregate of goods). The majority of Islamic jurists maintain that this rule is not of a pure imperative nature and evidently, a positive rule is applicable to the case as a result of the imperative rule. Nonetheless, the nature of this positive rule is contentious. According to the famous opinion, such positive rule is the realization of joint ownership for Khums owners and unless the property is destructed or there is excessive use or failure of due care, it does not indebt the duty-bound person. However, this opinion is in contrast with certain other elements of the rule. By extracting the elements of Khums and given the literal meaning of Quran verses and hadiths (traditions), one may conclude that although the initial rule in this field is its application to the physical property in the form of joint ownership, such ownership is instable for Khums owners and the property owner's possessory acts make him indebted and his possessory acts as to Khums subject-matter are valid and he is merely responsible for the value and price of Khums.