hossein ebrahimzadeh

The legislator in Note 2 of Article 495 of the Islamic Penal Code, introduces the guardian of unconscious patient in order to consent to treatment or discharge (action regarding quittance) of certain damages as the father and the public guardian and authority (the Supreme Leader). This Note is derived from jurisprudential texts, and there is a question regarding the mentioned Note, who is meant by specific guardian? Do the patient’s relatives have the entitlement to sign the medical clearance? The present research which is written in an analytical-descriptive method, concludes by examining the cases cited in the jurisprudent’s theology that the verse “But those of [blood] relationship are more entitled [to inheritance]” (Arabic: واولو الارحام بعضهم اولی ببعض, Transliteration: waoloo alarhami baAAduhum awla bibaAAdin) can be accepted as a general rule in response to the above question, and in the assumption of the anesthesia of the patient who has been removed from under the authority can also be referred to his relatives to obtain clearance. The legal and jurisprudential studies such as diligent search in cases of application and citation of the mentioned verse by the Jaʿfarī jurists by generalizing the verse or rectifying or isolating the effective cause as well as the rule of prohibition of detriment (Arabic: لا ضرر, principle of harm) and think carefully about the practice governing the medical condition of the country at the present time, reinforces the hypothesis that the meaning of the guardian in this note is not a natural guardian (compulsory guardian) but is the satisfaction of one of the patient’s first-degree relatives (customary guardian) which is jurisprudentially and legally is correct and will exempt the physician from liability.

The family is the first, most important and most blessed social institution in the history of human culture and civilization. Considering the importance of the family institution in societies and considering the cultural and social commonalities between Iran and India. The present study examines the Characteristics of the family institution in India and identifies its commonalities and differences in these two countries. The data of this research work were collected by comparative descriptive method using experimental observation technique (according to the study and six-year life of researchers in India) and the use of secondary data (documentary method). Given the multiplicity of religions and cultures and cultural pluralism in India, the data of this study were only related to Hindu families in the southern Indian state of Karnataka. The outcome of this paper showed that there are many similarities and commonalities in the family institution in Iran and India such as the importance of family formation, sexual regulation, monogamy, family orientation, respect for the elderly, tendency to have children, low employment of women, female illiteracy and differences such as low divorce rates, Populism, violence against women and high abortion rates. The result of the present study was that in these two societies, the family is a natural and basic element of society and as one of the three institutions, structuring the social system of the society (family institution, religion institution and government institution) is centralized in organizing human and social life.

Ta'zir, as the main punishment in the laws and regulations that have more application, must be clearly defined its limits and territory. In terms of its cause, ta'zاتr is divided into shar'i prescribed ta'zir and ta'zir for committing shari'ah prohibitions and violating government regulations in the Islamic Penal Code 9213. The purpose of this study is to explain the difference between ta'zیرr in committing shari'ah prohibitions and violating government regulations. Ta'zیرr in committing shari'ah prohibitions in the realm of ta'zاتr and whether it is a divine right or a human right. Its public status is due to the violation of the rights of society and disturbance of public order, and they also differ in the implementation of the rule of law. It is carefully understood in the jurisprudential principles and words of the jurists that ta'zir for violating government regulations in order to maintain public interests and public health and sanitize social relations is more extensive than ta'zir in committing religious prohibitions and the characteristics of this contractual ta'zir Being community-oriented means that ta'zir is related to the centrality of society and public order, and also has a general deterrent to ta'zir in committing taboos. Practical rules such as the principle of individualization of punishments, the proportionality of crime and punishment, and the inclusion of the rule of law can also apply to this part of government sanctions.

The globalization of Covid-19, the high rate of disease transmission and mortality resulting from it, has explicitly persuaded researchers and thinkers, especially sociologists, to consider it a social issue. This study aims to discover the interpretation and meaning of religion from the perspective of male students living in Tehran in the face of the Covid-19 pandemic and its impact on their mental and social health. The research method of the present paper is qualitative and the strategy of the underlying theory has been used. For this purpose, in-depth and semi-structured interviews were conducted with 23 male students living in Tehran who were selected by purposive sampling and snowball methods. Eight main topics and one core topic were extracted through the data coding system including fear of death, strengthening thinking and belief in the hereafter and the world after death, highlighting the ritual aspect of religiosity, strengthening the belief aspect of religion, religion and peace during the pandemic, strengthening social capital and social health during the pandemic outbreak, the emergence of new meanings of life, and changes in diet and lifestyle. In addition, "Covid-19 pandemic and return to spirituality" was selected as the core topic, and finally, the paradigm model extracted from the data was set up. The findings suggested that male students in the face of the Covid-19 pandemic had significantly strengthened religiosity in the belief and ritual aspects or experienced a return to spirituality. Furthermore, the role of religion in improving the mental and physical health of these people in the face of the Covid-19 pandemic is significant and important. An issue that in the global age with an individualistic culture, invites the human eye to concepts such as cohesion and solidarity, intimacy and social participation, charity in crisis and peace in life.

One of the most important issues in criminal law and in the process of criminal proceedings and an important part of the preliminary investigation is the search of places and houses or devices or persons mentioned in the fifth chapter of the Code of Criminal Procedure 92. Home searches are closely linked to privacy and freedom of the individual. Therefore, by examining the exact meaning of the inspection and its scope in criminal law, it can be said that the inspection also has jurisprudential support in jurisprudential arguments. While examining privacy in jurisprudential arguments, ie in the Holy Quran, the tradition and reason and law, and dividing privacy into examples such as physical privacy, information, communication, and homes and places, it is concluded that Imami jurisprudence emphasizes maintaining respect. The privacy of individuals is subject to certain criteria for inspection, including the Code of Criminal Procedure and the Constitution and other laws that emphasize the protection of the rights and freedoms of individuals, including their privacy. The principle in the preliminary investigation of crimes is that the privacy of individuals be respected, and on the other hand, the search warrant allows investigators to invade certain homes and places that are considered the privacy of individuals, but the Code of Criminal Procedure, search and inspection It is permissible when it is more important than the rights of individuals such as privacy and individual freedoms, because in jurisprudential arguments, the preservation of human dignity, the prohibition of spying and the prohibition of disclosure of secrets refer to the privacy of individuals. Therefore, in this research, we try to explain the limits and scope of the inspection and also to study the jurisprudential principles of the it.

During recent decades, the issue of regeneration of urban inefficient and old textures has become one of key issues in the field of urban development strategies. For this purpose, the managers and urban policy makers have used different measures including increase of building density, improvement and modernization of old textures, mass construction, etc. some of these policies are practiced in the form of direct interventions by urban management system in order to provide public services and facilities and or improvement of old tissues. Unfortunately, lack of considering the effective social, economic and physical parameters in an effective manner concerning the capacity of urban tissues for intervention from the practitioners and authorities of urban development affairs has led to emergence of some problems during execution of civil projects such as delay in execution time of projects, high costs and or social dissatisfactions. On this basis, the present study, tries to determine the intervention of the old and inefficient tissues of Qom city with the help of three main indicators: physical, economic and social indices to perform the measures more effectively. Of course, if all these criteria are followed together with their sub-criteria, so that some complications would emerge in decision making process. Therefore, in order to facilitate decision making process, we used analytic network process (ANP) for achieving the objectives of present study. Our findings revealed that out of 76 ha area of District 6 Qom City, 20.3 percent has low intervention-capability and 41.8 percent have medium intervention-capability. While 37.9 percent of this district area has high intervention-capability, which could be contributed to the existence of the vast arid lands within the texture.