islamic law

Family institution, as the most fundamental social pillar in different societies, plays an irreplaceable role in the continuity of values, norms and education of the future generation. To provide jurisprudential and social solutions to strengthen and sustain family in the contemporary society, the purpose of the present research was to examine the jurisprudential-social challenges of family institution. Based on the social and cultural changes after the revolution, and, using written sources and related texts, and, inferential and analytical methods, the present research addressed jurisprudential issues and disputes in the field of family law and highlighted the role of dynamic ijtihad in solving these issues.The results showed that, after the Islamic revolution in Iran, family institution, on the one hand, facing extensive changes in the social, legal and cultural fields, tried to strengthen its position based on Islamic principles, and, on the other hand, it was influenced by social, economic and global changes. These different contexts and developments caused Iranian families to face new challenges such as changes in gender roles, increased divorce rates, decreased willingness to marry, and the effects by the global cultures, which required revisioning and adapting social laws and policies in according with the current realities of society which intensified the need to preserve and strengthen family institution. Jurisprudential solutions to face these social challenges for family institution requireed a comprehensive approach aligned with social developments. By raising awareness, revising jurisprudence, supporting the rights of women and children, and promoting a family-oriented culture, we can help strengthening family institution in our society. The implementation of these solutions responds to social and cultural needs and can lead to family institution improvement and stability in the contemporary era.

The administration of the Islamic state is entrusted to a fully qualified jurisconsult (faqih), who assumes the responsibility of guiding and maintaining the Islamic system during the occultation era. In all domains where the Prophet (peace be upon him) and the Imams (peace be upon them) held authority as rulers and leaders, the jurisconsult also possesses authority. The leadership's powers within the Islamic government are rooted in religious jurisprudence, and their scope is defined as both absolute and regulated within the constitutional framework. The legislator, aiming to establish justice and its societal expansion, has designated specific powers for the leader based on Islamic legal principles. This article focuses on elucidating the applications of the rule of maysur(the rule of ease) in governing the Islamic state, as well as its instances in the Constitution. This study addresses cases in which the jurisconsult may issue secondary or governmental rulings under circumstances of necessity and emergency to safeguard and administer the Islamic state. Examples of emergencies discussed in the Constitution include wartime conditions, illness, death, absence, resignation, or the dismissal of high-ranking government officials.

The family is one of the most important and fundamental institutions in the life of individuals that this institution has basic and important functions that can have the necessary capacity and strong motivation to adapt. In fact, just as legal norms lead to cohesion and stability, moral values contribute to its dynamism and maturity. This is even more important for the family, especially for couples.

The research method in this research is descriptive-analytical.

Ethical Considerations: 

All ethical principles have been observed in the writing stages of this research.

This article examines the relationship between morality and the rights of couples in Islamic law. It is centered on emotion and love and the use of law tools alone empties the family from within. Combining rights with ethics with a greater focus on ethics is very necessary. Especially, for couples, because the family is a complex. Morality is centered on emotion and love and the use of law tools alone empties the family from Love.

When a religion is officially endorsed and supported by a government, it takes on a formal role within the state. This means that religion becomes more than just a personal belief system; it becomes a state-sanctioned institution. However, a state with an official religion is not necessarily a theocracy where all aspects of governance are based on religious doctrine.The existence of an official religion in a country's constitution shapes the boundaries of citizens' freedoms, depending on the government's understanding of democracy and its relationship to religion. In other words, religion, as a cultural system, influences a state's political and legal systems.Given that constitutions are fundamental documents that both protect citizens' rights and define the limits of government power, they provide the most explicit examples of how states interact with religion. Different countries have adopted varying approaches to the relationship between state and religion, reflecting different understandings of freedom, the government's right to establish an official religion, and the freedom of conscience. In the modern world, the trend towards secularism and the increasing emphasis on human rights have led to a movement towards minimal government intervention in citizens' lives. However, theocratic states often pursue maximum state intervention, promoting religious teachings and values throughout society.It is also crucial to consider the rights of religious minorities when discussing the role of an official religion. The concept of religious minorities has emerged in political discourse and legal literature, reflecting the importance of ensuring fair treatment for all citizens, regardless of their religious beliefs.The Iranian Constitution officially recognizes Islam as the state religion and designates Twelver Shi'ism as the official Islamic sect. This has created a unique political and legal framework that differs from many other states. This research examines the impact of religion on both the political and legal spheres, demonstrating that official religions today have evolved beyond their traditional roles. In many countries with official religions, religion is seen as a higher authority that can be used to interpret and evaluate laws. This has led to a new hierarchy of norms, where religious principles often take precedence over secular laws.Key questions addressed in this research: What is the relationship between religion and the state in contemporary societies?     How does the concept of an "official religion" impact the rights and freedoms of citizens?What is the role of religion in the Iranian legal system, and how does it influence the country's governance? MethodologyThe research employs a descriptive-analytical approach, using a combination of historical analysis and legal research. The study examines various interpretations of the concept of "official religion" and explores the implications of this concept for the Iranian legal system. Key findingsThe relationship between religion and state is complex and multifaceted.The concept of an official religion has significant implications for citizens' rights and freedoms.In Iran, the official status of Islam has had a profound impact on the country's legal system and governance.The role of religion in the Iranian legal system is constantly evolving, and there is ongoing debate about the appropriate balance between religious and secular principles.

The institution of sovereignty means the responsibility of the state towards citizens and individuals within its jurisdiction. This responsibility has many diverse aspects. In order to exercise national sovereignty, states exercise judicial powers and resolve disputes. One of the important issues here is the conviction of innocent individuals by the judicial system. After the innocence of the convicted, the most important issue that arises is compensation for the damages suffered by the said individuals. The purpose of the present study, which has been compiled using a descriptive-analytical method and library tools, is to explain the conditions for compensation for the damages suffered by innocent convicts in the laws of Iran and Islamic countries. The results of this study show that despite the existence of appropriate regulations and mechanisms for compensation for the aforementioned damages, some compensation conditions, such as placing the burden of proving the causal relationship between the damages incurred and the behavior of criminal justice actors on the innocent convicted persons, are not in line with the principles of justice and fairness as well as human rights standards; In this regard, it is necessary for Islamic countries to move towards reforming and adjusting the regulations governing compensation for damages incurred by innocent convicted persons.

Although the Abbasids were able to overthrow the Bani Umayyad government with the slogan of Al-Reza Man Aal Muhammad (pbuh) and as a result of the cooperation of the Alevis and allegiance to the self-proclaimed Zakiyah, but very soon and from the very beginning of the victory, the difference between the Abbasids and the Alevis over the legitimacy of the government became apparent and gradually intensified. took The reaction of the Abbasids to these differences was to imprison the Alevis and torture and kill them. This research aims to clarify with a descriptive-analytical method what are the different types of Alawites imprisoned against the Abbasid caliphate and whether there was a proportionality between the crime and the punishment of these prisoners or not? The findings of this article show that although Alevi opposition prisoners can be divided into different types, but due to the lack of codified judicial laws, the will of the Caliph determined the type and amount of punishment, and accordingly, there was no significant difference between the punishments of these groups. There is no proportionality between the crimes and their punishments.

Although it is possible to present a general and apparent interpretation of the foundations and justifications of the idea of "governance" through understanding the structure and legal developments of societies and considering the way citizens and the state interact, understanding its underlying layers (the issue of governance) is completely inconsistent with such an attitude. Based on this belief, the present research aims to gain a sound understanding of the theoretical foundations of governance in Islamic and medieval thought, and then to evaluate and interpret this idea among Islamic thinkers and compare it with the mindset of Western thinkers in the Middle Ages. The approach that governs this comparative assessment is such that first introduces the theoretical foundations of governance in Shiite and Sunni political thought, and then to examine the conceptual developments of governance in the thinking of prominent Western thinkers in the Middle Ages, regardless of the differences and similarities with Islamic governance. The theoretical framework of the present article, in an analytical-descriptive manner, considers the guiding theoretical foundations of governance in the components of Shiite thinkers' thought to be based on the theory of ‘Imamate’ and in Sunni thought, on the theory of ‘caliphate’; and in comparison, it seeks the theoretical foundation of the idea of governance from the perspective of Western legal philosophers and theologians of the Middle Ages in the light of the theory of ‘divine sovereignty’. Finally, with an interpretive approach (legal hermeneutics), it aims to point out a governance model that is compatible and consistent with both views.

The purpose of this research is to investigate the deterrence of retributive punishment in Islamic law. This research was done in a descriptive-analytical way. Based on Islamic texts, God has legislated retribution to prevent the shedding of innocent blood. After the Qur'an mentions the respect of blood and the ruling of retribution and the manner of forgiveness, the philosophy of retribution is based on verse 179 of Surah Al-Baqarah. He draws: O wise men, life is life in retribution. The best manifestation of this life is when a person refrains from killing another person so that both his life is preserved and his own life is lost if he commits a murder. Therefore, in the punishment of retribution, Islamic legislators have emphasized the most on the execution of justice and the healing of the survivors of the victim. It should be noted that the existence of the sentence of retribution for murder to a large extent prevents the occurrence of crimes. Many scholars of criminal law are currently Presently, they consider the sense of justice as an important factor to maintain order and security in the society. They believe that if people in their community feel that the law applies to everyone and that everyone will comply with their demands equally to maintain the order and security of the society. Those who commit acts that will not be prohibited by the law, in such a situation, respect the law and do not commit a crime, unless they observe that someone else has disregarded the laws in order to achieve their demands, and there is no unpleasant consequence waiting for them. They don't commit to the laws. Therefore, if a criminal goes unpunished, nothing comes to mind from this statement except encouraging punishment, which is the exact opposite of general crime prevention. In order to prevent the spread of the feeling of injustice and abnormality, the Islamic penal system has considered two important factors of justice implementation and maintaining order and security.

Although, the final judgement is obtained or the binding deed is issued for the wining party or the beneficiary of the deed requiring the claims to be collected or the obligations to be fulfilled by the judgment debtor, undertaken party, or third party, the mere issuance of judgement or drawing-up of the writ shall not lead to this purpose. One of the requests applied by the beneficiary or the winning party is the confiscation of the undertaken person’ properties, which is one of the most important stage of executive proceedings. Indeed, the enforcement of such measures is not easily accomplished by the judicial and registration authorities in Iran, because of multiple challenges, the enforcement operations, particularly with respect to the properties confiscation, is seriously challenging. This descriptive-analytical study aims to elaborate the gaps caused by the legislator’s silence on articulating some of the decrees and regulations on confiscation, the problems, restriction, and/or impedances for confiscation of governmental and public properties as well as the properties possessed by the municipality, embassies, consulates, and enforcement of the religious exceptions, which can be removed by amending and revising the respective regulations. The French Law as well as Islamic law in some Islamic countries are posing with such challenges. However, in French law, due to the establishment of a proper legal and enforcement structure, amending and ratification of new rules, etc. such challenges have been removed or are less challenging.

Today, at the national and international levels, human survival and health is considered as a very important issue. Food security is one of the seven tools of human security in the context of human rights discourse. It currently includes various geographical, economic, political, social, environmental, legal and other dimensions. This research examines food security based on the descriptive and analytical method and considering the importance of the issue of human health security and environmental hazards despite climate changes. The purpose of the current research is to pay attention to the approach of domestic law, Islamic law and international law from the perspective of strengths and weaknesses. Through this description and focusing on the existing hypothesis, there are risks of food security and also the development of poverty due to climate change. The finding of the current research is that the framework of food security should not be affected by the chaotic changes in climate due to environmental hazards.

One of the main issues related to legal anthropology is the issue of legal and legal developments. In this regard, the impact of the law on people and the impact of people's behavior as a custom on the law can be investigated as an interaction. After the 1957 revolution, in the processes of development and legislation and evolution of social issues, we witnessed developments in the field of legislation and the impact of custom on law. One of the areas that saw changes according to the customary conditions of the society is the area of family law. In the following review, the role of custom in the most important laws of Iran after the revolution is examined because these laws are tied to the quality of life of citizens. In addition to the role of customs, on the other hand, the jurisprudence-law duality in relation to family law has always caused changes in the interpretation of Sharia and has an impact on law. This research seeks to investigate the most important legal-customary-jurisprudential changes with a qualitative method. Also, this article aims to answer the question that these changes in the field of the family were mostly centered around? According to the findings of the descriptive analysis and review of laws, many legal changes in the field of family law have a customary basis and have occurred with the will of the majority of the society and the pressure of public opinion.

E-commerce as a growing industry has created many challenges for the interaction of customs, jurisprudence and law. One of these challenges is the communication between these three areas. In the interaction of customs and e-commerce, there is a need for coordination and understanding between customs rules and regulations and e-commerce rules. This issue becomes the correct interpretation of laws and regulations in two areas by lawyers and jurists in the interaction of customs and electronic commerce. In jurisprudence and law, the interpretation and adaptation of existing laws to electronic commerce creates special challenges. For example, determining jurisdiction over electronic interactions, determining the concept of an electronic contract and its legal requirements, the issue of privacy and information security in electronic commerce, etc. In addition, communication between customs laws and regulations and e-commerce also brings challenges. For example, determining the methods of electronic authentication and verification in electronic commerce, the issue of calculating and determining taxes and customs duties for electronic goods and how to implement them, etc. Finally, the correct interpretation of laws and regulations and effective interaction between lawyers, jurists and customs officials in e-commerce is very vital to protect the interests and rights of all people and to provide appropriate answers to the challenges of this field.

Torture is among the most significant crimes against human rights. The basis for the illegitimacy of this act lies in the affront to human dignity. Both the Convention Against Torture and the regulations governing torture in Islamic and Iranian law regard torture as an inhumane act that is contrary to human dignity and honor, and they prohibit its commission. However, there are significant differences in both the definition and the manifestations of torture between Islamic law and international documents. Although the Iranian Constitution prohibits all forms of torture, whether physical or psychological, the Islamic Penal Code only prescribes punishment for physical torture. On the other hand, in Iranian law, certain corporal punishments such as stoning, amputation, and flogging exist, which, according to the Committee Against Torture, are considered forms of torture. In general, any form of oppression, injustice, murder, aggression, violation, torment, harassment, insult, humiliation, degradation, or harm without cause to others or oneself that results in physical or psychological harm or distress is absolutely forbidden in Islam, and the perpetrator is deserving of punishment. Islamic sources such as the Quran, Sunnah, intellect, and consensus clearly indicate the prohibition of torment, torture, and the violation of human dignity.

Personal status encompasses a set of characteristics and conditions existing within an individual that, while distinguishing them from others, define their legal standing in society. A profound relationship exists between personal status and religion, evident until the late nineteenth century when Islamic law exclusively governed Islamic countries. These countries, while legislating laws and regulations governing personal status and adhering to them, have segmented the realm of personal status based on Islamic jurisprudence. This research aims to explore the feasibility, mechanisms, and potential consequences of formulating a trans-religious personal status law. Through a descriptive-analytical analysis of legal systems related to personal status in Islamic countries, the research illustrates that while the influence of jurisprudential doctrines on family law varies across Islamic countries, general principles governing family law remain similar. This similarity arises from the intimate connection of these issues with religious teachings, beliefs, and ethical principles. Consequently, the feasibility of developing a cross-denominational personal status law is deemed desirable and attainable.

artificial insemination has been among the challenging legal, medical and ethical issues in the contemporary period. Keeping in mind the opponents of this method of fertility, the supporters of this method from the point of view of jurisprudence and law also consider economic rights for children born from this method, which will be discussed in this research. 

The method of this article is analytical and descriptive and the research tool is library.

Ethical considerations:

 In writing this article, the ethical principles of referencing and quoting sources are of concern to the authors. 

The rights of children born from artificial insemination are reserved in jurisprudence and Islamic law for those who follow the scientific methods and the specificity of the guardian and the owner of the fetus or by respecting the rights of the owner of the womb in the matter of surrogate womb. The most important rights are benefiting from inheritance, meeting economic needs and equality with other citizens. 

Children born from artificial insemination will inherit from him if the owner of the sperm is known. However, if the sperm is from a stranger, the inheritance relationship and the provision of his economic needs are cut off from the owner of the sperm, and the child inherits from the mother, and the provision of his economic needs is the responsibility of the mother.

The contractors may sometimes want to change some provisions of the former contract according to the requirements of the new conditions; In fact, they intend to revise the previous marriage. In such cases, the contracting parties tend to add these issues, which are part of the former contract and related to it, by means of a condition to be considered part of the former agreements. Ashhar's opinion in jurisprudence is that in order to adopt the basis for initial obligations, the additional condition is invalid. But in the legal system, due to the fact that the constituent element of the contract is the intersection of the will and the common intention of the parties, the additional terms are valid. This research, which was carried out in a descriptive-analytical method, shows that by analyzing what happens in the condition during the contract in the Islamic legal system and based on the customary understanding of the condition, it is possible to interpret the word condition as a related obligation; Therefore, what causes the establishment of a conditional relationship is the content relationship between two obligations, whether the condition occurs before the contract, during the contract, or after it. There are many examples of this type of conditions, which are sometimes confirmed by the text of the law and sometimes by judicial practice, which all indicate the validity of additional conditions.

The development of humanitarian rights is an undeniable necessity. The need to formulate this important need of human society during conflicts is an inevitable outcome of war. As Article 48, Paragraph 2 of Articles 51 and 52 of the First Additional Protocol to the Geneva Conventions refers to the fact that attacks should only be carried out against military personnel. The following article, by examining library sources in a comparative-analytical way, aims to develop humanitarian actions from the perspective of the Islamic legal system. The issue is, which trades have support in Islamic and international law? In the Islamic legal system, with what characteristics are people protected and what acts cause people to leave immunity? Searches show that since the beginning, Islam has given special rights to people who are not involved in battles. The present study, by examining the persons who were supported in the narrative sources, reached the conclusion that Islam has supported all those who lack the "description of active action" in war. Immunity is waived only by "direct and indirect participation in the conflict" and "requirement of the principle of military necessity".