jurisprudence

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.

Today, the society has many examples and various situations of murder and the effective presence of more than one person in its occurrence. Although on the surface, jurisprudence and penal texts are available regarding these forms, unfortunately, in practice, due to the differences in their interpretation, we see different perceptions by people, including academics, lawyers and judges. Sometimes, even in the real world, there are cases that, on the one hand, due to their rarity, and on the other hand, due to the failure of the jurists and legislators to provide criteria and standards, make it difficult to compare them with the previous cases. The findings show that this problem is more visible in different situations of community of means and community of cause and manager. Considering the fact that any ambiguity and misperception in the issue of "the temperature of Muslims" can lead to irreparable consequences, therefore, explaining the issue and a complete and detailed review of the examples can lead to clarifying the issue and providing accurate criteria for applying the examples and removing ambiguities. . On the other hand, by carefully and expertly examining the opinions of different jurisprudents and criticizing them, it is possible to understand the weak and strong points of the law and to help in the correct interpretation of the laws in these cases and to amend the relevant laws. Therefore, the present writing is descriptive, analytical and with a comparative approach, which is first conducted in each topic, if necessary, and after refining the topic, its jurisprudential and legal dimensions are analyzed and investigated.

The religion of Islam emphasizes the importance of maintaining and improving the health of people in the society. Basically, the strict orders of Islam in the field of cleanliness, hygiene, and nutrition, as well as the rulings on food and drink and the prohibition of certain foods, have been aimed at maintaining health. In the meantime, supporting the health of some groups is doubly important, for example, not only are the sick exempted from Jihad (Toba / 91), but also in order to honor the elderly, the majority of jurists agree that in the war with the infidels, the elderly infidels who are They are not fighting with Muslims, it is forbidden to kill them by the Islamic army. Therefore, the right to health is so important that one of the most important religious duties is dropped from the patient, and he does not even allow Muslims to kill their infidels in war. United Nations United and the World Health Organization, as a general and specialized international organization, has been successful in many of its missions and goals in the field of human health. This article, with descriptive-analytical method, examines the protection mechanisms of human rights, the right to health in dynamic Shia jurisprudence and international documents.

Moharebeh is one of the crimes that cause the hadd in the Islamic Penal Code. In cases where the judge determines the punishment of deportation for the perpetrator of the moharebeh, the legislator has given the authority to imprison the perpetrator in execution of the court decision in order to prevent the perpetrator from socializing with others. The question is, which Sharia basis has given such permission? This research aims to answer this problem with the method of text analysis and using library and documentary studies. The findings of the research show that the phrase (Yenfua Man Al-Arz) in verse 33 of Surah Ma'idah, which is the basis of the Shari'ah punishment for the perpetrator of Moharebeh, means the deportation of Mohareb from the city where he committed the crime to another city. This meaning is one of the certainties of Shia jurisprudence and it is one of the topics that has the support of narrations and the consensus of jurists. However, in cases where it is not possible to prevent the communication and socializing of the person sentenced to deportation, in order to maintain the order and security of the society and based on the government order, the punishment of deportation can be changed to prison in deportation.

One of the significant legal challenges pertains to the status of intersex individuals (khuntha) in penal matters, and various issues have been raised in this regard. Among them is the question of how punishment should be determined if an intersex individual commits a criminal offense. The fundamental question posed in this article is: What is the ruling of qisas (retaliation) concerning intersex individuals in Islam? and What is the method for determining the dominant gender for applying qisas penalties? This study employs a descriptive-analytical method. In Islamic law, gender plays a crucial role in determining qisas punishment. Concerning the status of intersex individuals (khuntha), Islamic jurisprudence refers to these individuals under the title khuntha and classifies them into two general categories: khuntha wadhih (discernible) and khuntha mushkil (indiscernible). Jurisprudential rulings, including those related to qisas, are also classified based on these two categories. With regard to khuntha mushkil, there is relatively little controversy among Islamic jurists. The more critical and debated jurisprudential discussion concerns khuntha ghayr mushkil (non-problematic intersex individuals), which is primarily addressed in the context of inheritance law. Accordingly, it is essential to base rulings on the dominant gender. Thus, qisas rulings for khuntha ghayr mushkil or khuntha wadhih—individuals with a discernible gender tendency toward male or female—must be rendered based on that dominant gender. This means that the prevailing gender in the intersex individual must be identified, and qisas should be applied accordingly. The determination of dominant gender can be referred to medical science and forensic medicine. However, this does not negate the necessity of codified legal provisions in this area. Given the existing gaps in both jurisprudential and legal discourses, it is imperative that the legislator formulates efficient and explicit statutes in this regard.

Bankruptcy institution was removed from Iran's legal literature according to the Insolvency Law approved in 1313. The interpretation of the civil law articles in which the word bankruptcy is used is an undeniable necessity. Specifically, in Article 380 of the Civil Code, the status of the insolvency option and its interpretation were disputed. Sometimes the claim to abolish the insolvency option and the invalidity of Article 380 of the Civil Code has been emphasized, and sometimes the claim to the existence of an option under the title of insolvency option has been strengthened. The question that arises is what is the interpretation of Article 380 of the Civil Code in light of the jurisprudential and legal documents after elimination of bankruptcy institution from the applicable laws? In this article, with the analytical descriptive method and among the reliable jurisprudential sources, we have found that the documents of the insolvency option can be applied to the case of bankruptcy, Therefore, we considered the existence of the insolvency option valid in law and jurisprudence. Therefore, if there are conditions of insolvency option and when one of the parties becomes insolvent and it is one of the exceptions of debt, another institution can be considered as valid in addition to deferment and debt distribution under the title of bankruptcy option. The existence of jurisprudential fatwas regarding the existence of an option in the event of non-payment of the price due to the occurrence of a customer's bankruptcy is considered one of the important reasons for the option of bankruptcy. This discovery and the creation of an option under the title of bankruptcy option as a great achievement helps to solve many court cases related to the issue of bankruptcy

purpose of this article is to investigate the relationship between the rule of law and the ruling of the government in the Islamic Republic of Iran.

This article is descriptive and analytical. Materials and data are also qualitative and data collection was used in collecting materials and data.

Ethical Considerations:

 In this article, the originality of the texts, honesty and trustworthiness are observed.

regarding the possible conflict between the rule of law and government decree, there are various solutions, such as interpreting the limits of the authority of the jurist within the framework of legal standards, predicting the adjustment mechanism in the. And referring to the rulings stipulated in the constitution in cases of ambiguity is one of the most important of them. Since the ruling of the government is issued in cases where there is a legal gap, therefore, it is not in conflict with the law.

The result is that, in general, considering that the main basis of the, and usually in cases of necessity and crises, it is considered to complement the legal gaps in the society; it does not conflict with each other, and the government decree complements the principle of the rule of law. Of course, the ruling of the government is temporary and includes a specific time and depends on the expediency of the society within the framework of the Holy Sharia, but the law is fixed.

since possession lawsuits in Iranian law have a civil aspect by nature and are considered among legal lawsuits, and the main purpose of these lawsuits is to assert personal rights and protect the possessor.

This article is descriptive and analytical. Materials and data are also qualitative and data collection was used in collecting materials and data.

Ethical Considerations:

 In this article, the originality of the texts, honesty and trustworthiness are observed.

The findings of the research indicate that there are conditions that need to be proven to commit the crime of aggressive possession. In general, every crime consists of three elements (legal, material, and psychological), therefore, a possession is an aggression in the eyes of the legislator if it has the aforementioned three elements.

In order for a crime to occur, committing a material act for which the punishment has been determined is not enough according to the legislator, but the origin of this material act must be the intention and will of the perpetrator, and the result of the perpetrator's intentions must be the actualization and emergence of the act of committing the crime. This connection between the action and the perpetrator constitutes the spiritual pillar of the crime.

Islamic veil is obligatory for every Muslim man and woman and leaving it is forbidden. according to، The Islamic ruler can invite and oblige the Muslim community to observe the Islamic hijab. A society that has preferred a religious government over a non-religious and secular government، has no expectation other than that the elected government behaves based on the divine law and legal custom. The purpose of this article is Investigating the hijab ruling in jurisprudence and law and the role of the Islamic government in it.

This article is descriptive-analytical. Also، this research، with a practical purpose and in the form of documentary and library studies، has investigated the ruling of hijab in terms of jurisprudence and law and the position of the Islamic government in this regard.

Ethical Considerations: 

In this article، the originality of the texts، honesty and trustworthiness are observed.

Studies show that the issue of Muslim women observing hijab against non-mahram men is agreed upon by all Islamic sects ، but there are differences of opinion in its necessary limits. However، most of the Shia and Sunni jurists have considered it obligatory to cover the whole body except for the face and hands.

The results showed، seven reasons; The way of thinking، the application of the proofs of individual and social religious rulings، the proofs of the prohibition of evil، the proofs entered in special cases of punishment، the application of some hadiths entered in the interpretation of punishment، the authority of the jurist on the punishment of offenders، the principle of jurisprudence in general that is contrary to the Shari'ah. It proves that it is permissible to require hijab by the Islamic government.

Finding effective and effective solutions and methods with comprehensiveness and a high level of inclusion in the matter of combating and controlling and preventing drug abuse is an important concern and the highest level of need. Measures must be taken. This research has been done by examining religious jurisprudence rulings in the field of drugs and addiction for the purpose of combating, controlling and preventing.

This article is descriptive-analytical. The materials and data are qualitative, and in collecting the materials and data, the fiche method was used.

Ethical Considerations:

 In this article, the originality of the texts, honesty and trustworthiness are observed.

Islamic jurisprudents have used the breath of narcotic drugs as a criterion for the evaluation of mandatory rulings and conditional rulings. The jurists consider the ruling of drugs to be deadly poisons and their rulings apply to other drugs as well. Some of them have considered the personal and social effects of drugs and have ruled and given fatwas regarding personal and social harms.

Regarding the disciplinary and preventive nature, the Islamic ruler has the right to adopt policies and measures regarding enjoining the good and forbidding the evil, and even the evidence of the necessity of preserving and surviving the Islamic system in preventing harm and crimes resulting from narcotics and psychotropic substances.

The development of science and technology have undeniable effects in areas of jurisdiction, proof of claim and crimes like other areas especially in legal systems. By considering the examples of evidence it is possible to obtain the Criteria of falsification, validity affirmation from the field of law and by generalising these criteria and based on the complexity of claims in the line with the social necessity and civility, it will be possible to identify and confirme other examples of evidence.

Method and Materials:

 The present study is descriptive_ analytical.

Ethical Consideration:

 In writing present paper, the principles of text origionality, honesty and trustworthiness have been observed.

Iran's laws have recognized electronic evidence by referring to the Electronic Commerce Law and the regulations on the citation of electronic evidence and have considered it as one of the evidences to prove the lawsuit.

According to the sayings of the jurists, it should be said that electronic written documents are considered as one of the proofs of the lawsuit, both independently and as an effective evidence in the knowledge of the judge, which can be relied upon to prove the claim in the judicial courts skip.

In the Islamic legal system, young age is considered one of the factors that mitigate criminal liability, and jurists consider maturity as one of the general conditions of duty; As a result, they do not consider a child who has committed a crime or a crime to be entitled to punishment or retribution. In the penal regulations of Iran, the lack of criminal responsibility of minors has been explicitly accepted, but at the same time, in crimes with non-punishment punishments, educational and punishment measures have been established for them, which in the last part contradicts the principle of the lack of criminal responsibility of minors. In this regard, in addition to paying attention to the explanation and adaptation of the opinion of experts in the field of Sharia with the penal regulations for minors in the field of converting the limit of theft to Ta'zir, the effective causes of children's delinquency can be investigated and evaluated. Most of the studies and researches that are carried out on the axis of social structure are focused on reforming the behavior and thought of this particular group and analyze the effective factors in the deviation or guidance of this age group. Perhaps the most important reason for the special attention of experts and experts is the effective role that children will play in the future structure of society.

"occult affairs" is a way to acquire science and knowledge through unconventional methods, which in addition to "occultism" i.e. the five sciences of "Kimyia", "Limia", "Himia", "Simia" and "Rimia", it also includes other things such as "Al-jafr", "Raml", "Zikr", "Ilm Al-Horuf" and so on. Despite the disagreement of religious jurists about whether these things are "real" or "imaginary", according to the verses and traditions, it can be confirmed that they are real. The "religious Jurisprudential judgment" of occult affairs is based on verses and traditions and indicates that it is "prohibited" Unless it does not cause harm and repels harm. Some religious jurists have considered it permissible to learn and practice magic to ward off the harm of magic and invalidate it. From the legal point of view, since occult affairs are informative, their application by the judge can help the judiciary in justice. In this research, using the "descriptive and analytical" method, we intend to, by presenting a clear picture of occult affairs, look at the various aspects of these affairs in religious jurisprudence and jurisdiction.

Referral, as an important issue in the fields of jurisprudence and law, has conditions regarding referring person and consequences that have always been the focus of legal experts, jurists, and stakeholders. Some theorists consider referral as a right and extend the conditions and consequences to it. Others have regarded referral as a ruling and define its characteristics based on the ruling. They have also established conditions for using referrals about the referring person. The present study aims to explain the difference between whether referral is a right or a ruling and the conditions that arise from the referring person. It seeks to provide a precise understanding of the conditions of referral in the field of law and jurisprudence, in line with the opinions presented so far. This research has been conducted through library studies and a descriptive-analytical method. The ultimate results of this study indicate that for the referring person to be able to use referral, they must have eligibility, intention, consent, and willingness. However, regarding the difference between right and ruling, it seems that before determining referral as a right or a ruling and favoring one over the other, we should initially pay attention to the existing conditions.

The issue of marriage is a very simple and at the same time important and complex issue. Marriage and forming a family are one of the needs of human life, based on the satisfaction of sexual instinct, participation in the formation of life and spiritual intimacy and peace of mind (let them dwell in it), raising children and cooperation in all aspects of life. The realization of these matters cannot be achieved without living together, because these two sexes complement each other and are the source of each other's prosperity, salvation and upbringing. In such a way that each of the two is incomplete without the other, and in this way it regains its perfection. With all these interpretations, there are a large number of young men and women of marriageable age who cannot get married, and this issue has become a giant and difficult obstacle to overcome. Whereas in the past, the issue of marriage was not so difficult, but now, for some reason, problems have arisen and marriages have become difficult. What should be done with these dead ends and overwhelming problems that young people face in this path? With this mechanical life and all its complications, with these unfounded expectations, with this difference of opinion between fathers and mothers and the youth, with this state of education and its seven-year-olds! And with this state of job preparation and its problems, and with this distrust of individuals towards each other, can this great and sacred task still be accomplished on time? These are the issues that must be examined precisely, and without their solution, the final solution to this social problem is not possible.

Fujis and some jurists have discussed the rule of the market of Muslims in works titled jurisprudential rules. Also, in the science of principles as one of the emirates, its validity has been discussed sporadically. Jurists have relied on this rule to derive the Sharia ruling in some jurisprudential chapters such as prayer, purification, trade, eating and drinking, and hunting and slaughtering. According to some jurists, Since the validity of some transactions, such as buying and selling animals, their meat, skin, and other parts, as well as eating their meat, is based on this rule, if this rule is not valid, these transactions will face problems, and therefore every Muslim must slaughter the animal, which will cause hardship, inconvenience, and disruption to the Muslim system, and as a result, the decline of their market. Based on this rule, buying and selling meat and parts (wool, skin, leather, etc.) of halal animals is permissible in Islamic countries and its purity and cleanliness are ruled. In this article, we will examine this rule analytically and descriptively.

Cash pre-purchase of products of production units at a certain price, which is used to secure part of the working capital of production units. According to the definitions of the jurists, the sale of an object described in dhamma and with the word salam or salaf; or the purchase of long-term assets is considered as cash.

This research is of a theoretical type, and the research method is descriptive and analytical, and the method of collecting information is library-based, and it was done by referring to documents, books, and articles.
Ethical Considerations: In this article, the originality of the texts, honesty and trustworthiness are observed.

The current bank contracts related to receiving advance loans from Iranian banks have conditions that according to the legal definitions of peace sale and its validity conditions; We find that the existing differences between banking contracts in Iranian banks and the fiqh laws of sale of peace, and the difference in the terms of granting advance loans by banks, and the conditions of price and goods in the validity of sale of goods, cause the corruption of salem contracts between banks and customers. .

In the repayment of a bank advance loan, Muslim Fiyh (goods) which is traded in immovable form, is changed like a cash sale for cash plus a predetermined interest.

Retribution and ransom is one of the important punishments of criminal law, which has always been the subject of debate and controversy. The purpose of this article is to examine the question of what innovation has criminal policy, based on the perspective of jurisprudence, in crimes requiring retribution and ransom? This article is descriptive and analytical and has investigated the mentioned subject by using the library method. The findings showed that the provisions governing self-retribution in the Islamic Penal Code approved in 2013 have seen favorable and essential changes and developments, the legislator in the Islamic Penal Code Approved in 2012, its goal is to support the victim, to ensure public order and security, and to implement justice as best as possible, and in order to achieve these goals, rational and logical rules in cases that are far from the point of view of famous jurists. In the Islamic Penal Code approved in 2012, with a correct understanding of the possibility of abuse by some criminals, the legislator has abandoned the rule of the necessary agreement between the killer and the victim in order to convert qisas into diya, which is accepted by the majority of the victim - it has provided the possibility of the right of the victim as best as possible, even in the case of the death of the accused. And on the other hand, by realizing this approach of the victim, he has developed the cases of paying money from Bayt al-mal.

In theoretical criminology studies, theories such as interactionism and preferential association are proposed, which in this article, which is written with a descriptive, analytical method and library sources, examines the jurisprudence of this category first and then in Iran's criminal policy within the scope of the crystallization of interactionism theories. It is worth noting that in theoretical criminology, specifically the theories of interactionism and preferential association, basically by using information and data related to crime and then analyzing and processing them, etiology and theory Processing is done like tagging and suspension of pursuit. This type of criminology, which has been given a lot of attention in jurisprudential theories and Shari'a sources and evidences in view of the principle of human dignity in order to eliminate prison in possible cases and its deterrent role in other cases, following questioning in order to identify what and why. Realization of crime and then why the problem of victimization appears in jurisprudence and the way of religious elders in interactionism in order to preserve the dignity and human position and reform the nature of albin in the direction of restorative justice to punish the criminal in a different way is analyzed from another dimension. be placed

The expansion of modern technologies and the consequent legal challenges necessitate aligning regulations with these domains. One such instance is artificial intelligence (AI) technology. Establishing a clear and coherent civil liability framework for AI is of social and economic significance. National laws adopt diverse approaches to addressing AI-related challenges. The research methodology is descriptive-analytical, utilizing legal material analysis and legal interpretative methods. Given the broad concepts arising from the social nature of the subject, substantial efforts have been made. Topics akin to legal concepts are explained and legally articulated. The aim of equality for all before the law necessitates a library-based research approach without sampling. Ensuring that society as a whole benefits from social provisions and finding necessary solutions fosters motivation and diligence for further studies aimed at providing scientific and legal answers. The foundational principle that can justify civil liability in robotic actions is the "principle of respect," which, compared to other bases of civil liability, encounters no theoretical or practical challenges. Furthermore, this principle constitutes a jurisprudential foundation with robust supporting evidence. On the other hand, since the primary objective of civil liability is compensation for damages, and robots lack legal or electronic personality, they cannot directly be obligated to compensate for damages. Instead, due to their non-human nature, the responsible human agent—such as the owner, possessor, hacker, manufacturer, or designer—must be identified based on the specific circumstances.