mohammadamin maleki

The current study aims to design and validate the model of damage caused by cryptocurrency-related crimes in Iranian law with the aim of helping legal institutions to identify these damages and fix them. In order to analyze the problem, qualitative research strategy and thematic analysis were used. The research data were collected by means of semi - standard interviews with 12 experts in the field of corruption and related crimes who were selected using theoretical sampling method and it was rebuilt by applying the theme analysis method of the network type of the analyzed themes and the conceptual model of network measurement. The findings of the qualitative research showed that the design and validation of the model of damages and crimes related to cryptocurrencies in Iran law with the three overarching themes: 1- Legal, executive and legal damages related to the field of cryptocurrencies 2- Existence of various risks (activity, exchange rate, laws and regulations, etc.) in the field of cryptocurrencies 3- The threats related to the increase in cryptocurrency crimes have reached theoretical saturation. In addition, in order to validate the themes and the rebuilt model two credit assessment methods, the communication method and the audit method and also in order to test the reliability, two methods of reproducibility and transferability or generalizability have been used.

Concerning the wide scope of the issue of cryptocurrencies in both international and domestic dimensions, cryptocurrencies have become a solitary life of criminals because governments have less supervision over them, and it leads to the creation of risky crimes such as money laundering, tax evasion, fraud, financing of terrorism, etc. and many people have been victimized and lost money in this field(cryptocurrencies). This topic has gradually brought the cryptocurrency discussion into legal discussions and countries are trying to establish laws in this regard. Therefore, the current research aims to design and validate the optimal model against risky crimes related to cryptocurrency in Iranian Law. To process the problem, qualitative research strategy and thematic analysis type were used. The research data was collected using semi-standard interviews with 12 experts in the field of cryptocurrencies and their related crimes who were selected using the theoretical sampling method and using thematic analysis method of the network of the analyzed themes and the conceptual model of network measurement was built. In addition, to "validate" the themes, and the built model, two methods of validity evaluation were used in the communication method and the audit method, and for "reliability assessment", two methods of reproducibility and transferability or generalizability were used. The findings of the qualitative research showed that the design and validation of the optimal model against risky crimes related to crypto-currency with 3 overarching themes: 1. the synergistic interaction within and outside the system in the field of cryptocurrencies 2. the overarching theme of applying knowledge management in the field of cryptocurrencies 3. the overarching theme of reducing all kinds of risks and improving the level of hardware and software security has reached theoretical saturation.

One of the conditions for Qisās, according to the majority of Imami and Sunni jurists, is the absence of a father-child relationship between the killer and the killed. This means that if a father commits the murder of his child, he will not be subject to Qisās. It is maintained that if the child born is the result of an illegitimate relationship between a Muslim man and a Muslim woman, the Shariah discredits the father-child relationship. Due to the lack of such relationship, it is then a bone of contention whether the adulterer who intentionally kills his illegitimate child shall be punished by Qisās. Recruiting a descriptive-analytical design, the researchers have examined Shariah texts as well as the expert opinions of the jurists and found that the adulterer can apparently be exempted from a Qisās even in the absence of the legitimate father-child relationship. It is due to the fact that the Shariah has not exclusively stipulated the legitimacy/illegitimacy condition of the child birth upon deciding on the Qisās issue. It is also more consistent with the principle of caution in Islam.

Transactions during mortal disease, whether he dies or not, has been a controversial topic among jurists, as well as a popular theory among Shi'a and Sunnis. On the other hand, in the Civil Code of Iran, illness is not one of the reasons for dispossession in Article 1207, but regarding the divorce and marriage of a sick person, it is mentioned in Articles 944 and 945 of the said law. Therefore, the search for the criteria included in the mentioned materials and the assessment of the patient's charitable and loving actions related to death it is necessary that the history of dispute in it goes back to the long life of Islamic jurisprudence. Therefore, according to Article 167 of the Constitution and Article 3 of the Civil Procedure Law, it is necessary to analyze the jurisprudential descriptions of the issue and search in the wise statements of the jurists in order to resolve the ambiguity and brevity of the mentioned laws. According to this approach, the criteria mentioned for marriage and divorce are different from the criteria for other financial possessions of the patient connected with death. This difference also has reverse effects; including the evidence of the claimant and the denier in the assumptions of Articles 944 and 945 of the Civil Code. And their variability in other acts of charity and love of the patient is related to death. In comparing the issue with Sunni jurisprudence, in addition to stating the criteria in line with the previous theory of Shafi'i and Hanbali jurisprudence, the reputation of the issue in Sunni jurisprudence, which believes in the method of unity of ways with extra will, has been investigated in a comparative manner. Therefore, among the mentioned opinions, the criterion of not harming the owners of the rights, in other cases of marriage and divorce, is introduced with the mentioned description of the criterion of influence of the owner's monarchy; However, in this case, the claimant and the denier are the opposite, contrary to the appearance of the patient's actions; And it is measured by proving the poverty of the heirs.

As the outcome of human endeavors, the human knowledge is not free from mistake and error. The more the human moves in the path of science, the more the unavoidable events might happen, events that lead to mistakes with numerous grave consequences. As humanities are concentrated on the human, they are more prone to mistakes. The reason is that the topic of these sciences has the highest complexity. Just like other disciplines of humanities, economics is not free from mistakes. As a comprehensive plan for the guidance of the human in various aspects and backgrounds, the sacred religion of Islam expresses facts from various perspectives the consideration of which would be useful for the worldly and otherworldly lives of the human. One of the advantages that Islam offers is the expression of precious points that, if noted by economists, can be thought provoking and helpful for them and can be useful in decreasing the mistakes in studies related to economics. The study at hand focused on some critical thoughts about the philosophy of economics based on Islamic viewpoints. It was carried out via a descriptive-analytical method using library research data to explicate the criticisms against the philosophy of economics expressed from the religious outlook.

The present research examines the validity of the rule of certitude and the effect of accepting the validity of this rule in deduction Jurisprudential rulings. Undoubtedly, the acceptance of this rule is dependent on the acceptance of the implications of the narrations mentioned about the validity of Istehhab, and although the famous late Usulists believe that Istehhab traditions do not have the comprehensive authority for both the rules of Istehhab and certitude, and therefore they have removed the institution of the rule of certitude from the evidence of Istehhab, but in their opinion It seems that among the narratives of Istehhab, the narration transmitted by Mr. Sadouq (may Allah be pleased with him) can prove the validity of this rule in its minimal interpretation - i.e., the signing of works based on prior certitude and ruling on the validity of past actions based on that certitude - if the document and evidence are accepted. Also, in the supporting documents of the Wrappers (Faraq) and Passing (Tajavoz) rule, there are interpretations that can be positive for the certitude rule in its minimal interpretation.

Well-known Imami jurists believe that insanity after crime committing does not prevent the execution of punishment. Although this opinion has been questioned by some jurists and also the Iranian legislature has provided conditions for the possibility of executing this punishment in its criminal law, but it seems that by carefully documenting the validity of this issue, more restrictions can be placed on the execution of insane punishment. This research has reached the conclusion by descriptive and analytical method and by examining the authenticity and signification of the relevant narrations that the narration indicating the punishment of the insane does not apply in terms of the type of crime committed and the time of proof of the crime, i.e. the time of correctness or insanity and the method of proof, And its inclusion in the commission of any crime and also the presumption of proving the crime at the time of insanity and in any way is questionable. And it seems that what can be used from the evidence is the permission to perform the whipping punishment, which has been proven by the person's confession at the time of his health; This is more compatible with the defendant's defense rights and with the rule of Caution in bleeding.

The famous narration of Abi Khadijeh is among the most important evidence on welāyat-e-faqih and judgment, and many rulings in the field of judgement are based on this narration. The legitimacy of these rulings depends on the documentation authenticity of this narration and the attention the Islamic jurists have paid to it. The document of this narration includes a character with the kunyah Abu al-Jahm, which, according to rijāl sources, corresponds to only two characters, Thawir ibn Abu Fākhetah and Bokair ibn A'yan. The problem with this theory is the time interval between the narrator from Abu al-Jahm, i.e., Hussein ibn Sa’eed al-Ahwāzi, and Abu al-Jahm himself as Hussein ibn Sa’eed, according to various sources, was one of the companions of Imams Kāzem, Rezā, Javād and Hādi (a.s.) while Thawir ibn Abu Fākhetah and Bokair ibn A'yan lived until the time of Imam Sadiq (a.s.). To solve this problem, some scholars have suggested the possible eliminated intermediaries between Hussein ibn Sa’eed and Abu al-Jahm. Some others do not consider Abu al-Jahm to be exclusive to these two individuals, but they have not reached a definite conclusion about the referent of Abu al-Jahm. Using the documents of narrations in narration books, this study has tried to compensate for the shortcomings in rijāl books to some extent and has proved that although this kunyah in that hadith category corresponds only to these two characters, it has been used for another character in the books of narrations and documents of some narrations, as well, and that person is Harun ibn al-Jahm.