فصلنامه حقوق اسلامی
سال شانزدهم شماره 1 (پیاپی 60، بهار 1398)

Properties outside of sovereignty of states situated in the areas including the high seas, atmosphere, outer Space and Antarctic, comprises of sea, mineral resources, fish, land animals, satellite orbits, celestial bodies, atmosphere and outer space. With considering of the range of Anfal in Imamieh jurisprudence, the properties outside of sovereignty of states can take in to account under Anfal concept other than items are excluded for its subject. The Anfal in performance position is needed to sovereignty. The areas beyond all states sovereignty in performance of Anfal divided in two parts: the first is existence of a convention that the Islamic Stated accessed it and the convention or international custom is binding and second nonexistence of any convention or international custom related to that area. In first condition, the Anfal rules are non-enforceable, because of enforcement of “binding of contracts” maxim and maintenance of international public orders then refer to international regulations. In second condition, the Anfal rules shall perform according to the power of Islamic State proportionally and to the nationals of Islamic State who intend to use of such area.

Due to the many uncertainties surrounding the legal provisions for the crime of forging and using the document, this crime has become one of the most serious crimes against public welfare and social systems. Deficiencies such as the lack of legal definition of this crime, the failure to express all its legal implications, ambiguity in the subject matter of the crime, whether it merely observes the document, the writing or the contents of each bill? And the dispersion of the legal element of the crime of forgery and the use of a foreign document in various laws and the multiplicity of different legislatures that lead to confusion in the recognition of the rules of unconscientiousness, the general and the particular, the absolute, and the imposition of the crime, are one of the issues that affect the ambiguities of this Crime has increased in legislative and judicial procedures. What has been considered in this article is considering these issues and providing solutions to these problems. It seems that the legislator should consider such cases as absolute, or absolute crime forgery, the aggregation of all forging materials in one place, and the avoidance of dispersion in the process, compliance with the principle of proportionality of the offense and punishment, the elimination of the ambiguity of the crime, the use of the document, and so on. In the criminalization of this crime.

A comparative study of the adequacy of the ability to determine the transaction in Iran and Egypt law and the common lawBased on the well-known recognition of sources of jurisprudence and even the law of our country, the necessity of definite determination of the transaction during the contract as a principle for the accuracy of known transactions, followed by the credit of many of the contracts required by the economic community in which the transaction is based on the agreed procedure The parties were in the future to be determined, the document was to be confused with this principleThis, while providing the ability to determine the necessary approach for economicization and the emergence of legal capacity for its transactions. Using the achievements of this research, it should be acknowledged that the adequacy of the ability to determine not only the Islamic jurisprudence and the law of our country have well-documented documents, but today is accepted in the law of Egypt and the common law as a principle. And in their legislative system, it has been reflected in it. In this paper, by collecting information from library resources, analytical and descriptive methods are used to discover the sentence and analyze it and provide corrective suggestions.

The term “personal collateral” contrary to “financial collateral” is used to show the decreasing of default risk of capital market participants and paving the way for fulfillment of obligations in the primary and secondary markets. Depending on the subject and the committed commitment, it has different types and special requirements. The Guarantor in these transactions has legal personality and is chosen from special and reputable agencies and in some cases, its appointment would depend on the decision of the guaranteed. The guarantor’s undertaking and the independence of its obligation and guaranteeing of the future debt, would distinguish the stock exchange personal collateral not only from the contractual collateral, but also from other types of personal collateral and gives it especial nature. In this research, the nature of the stock exchange collateral is examined in light of its specific features, with analytic-descriptive study of legal viewpoints and the securities laws and regulations in this regard.

Ehsan rule as an obstacle in order to prove generally the responsibility of Mohsen and from Muscat liability is considered in an independent manner. This article waiving liability, because no authentication attributable relationship and the main way, duct work on the principle of beneficence, resulting knows. Lack of the responsibility, of duty and whether a situation requires intentional act where there Ehsan simultaneously because of its good intentions, has a negative impact on the spiritual pillar crime. Therefore, the responsibility falls also on duty and influence the good verbs material element, the residual responsibility of the individual task will be Mohsen. Ehsan based on the concept of the nature of its opposite, "Odwan within the meaning of the harm" is defined as the "act of kindness" requires "non-forcible of the verb" is. The same rule also good links with related citations Because to prove liability, there is Odwan necessarily as an introduction and description of the action necessary to process citations and establish the relationship between action and outcome is essential, and this negative impact, the fall will be the responsibility of the state Mohsen

This research is about the special system of Shiite human rights in Saudi Arabia . According to the international law , there are many different definitions for the concept of minority ; and many of the scholars believe that minorities must be subject to certain human rights system to have extra support , besides taking advantage of the universal human rights, due to their vulnerability against the ruling majority . Considering this fact that based on the internationally accepted definitions and principles , the Saudi Arabian Shiites are regarded as a religious minority and in spite of Saudi government not excepting them as a religious minority , they have certain rights to preserve their existence and identity . One of the most fundamental rights of the Saudi Arabian Shiites is the right of self - determination that in this article it’s going to evaluated using the descriptive -analytical method .

The criminal law of Islam is purposeful. Its purpose is to modify Fredo-community. Alignment of the jurisprudential principles with this aim, on the other hand, has made the Islamic penalties and the use of audiovisual media less attractive to the extent of the reciprocity and disdain of the charges, although this is precisely addressed in practice and in order to achieve the same goal.The research question is that the legal basis of discount and neglect is about the amount of fees. In this research, with inferential rational method, as well as rational deduction from the texts, jurisprudential sources and the rule of discounts and neglect are defined as charges.The present article, with the commentary on the narrations and the opinions of the jurisprudents, and the analysis of his arguments about repentance and amnesty about the limits, discounts and neglect of adultery with the possibility of generalization to other terms, related jurisprudential rules, condemnation, and the fall and reduction of punishment, this rule The term and conclusion of this article emphasize that the foundation of the jurisprudence of Islam is the remission and negligence in the limits of its endowment and its ultimate goal, the reform of the individual and society, and to this end, also makes use of punishment.

The visibility of political systems based on Islamic ideals in the contemporary era has led the minds of the searchers to explain how these systems are treated with Islamic principles. In the current era, there are few countries that have a majority Muslim population and the ruling political system even seems to have its own adjective of Islam in face, but in the legal system of these countries there is no trace of Islamic law. However, regardless of the various types of communication between religion and government, one of the most important and most sensitive positions that reflect the behavior of countries with Islamic laws is current laws in countries, especially criminal and penal laws. The present article examines the legal systems of the four countries of Iran, Iraq, Saudi Arabia and Egypt, focusing on the models of communication between the Sharia and the legal system, so that the entry or non-entry of Islamic rulings into the criminal law of each one is clarified. In this article have been considered Iran and Iraq as two main sites of the Shias of the world with different legal systems, as well as Saudi Arabia and Egypt, as two powerful and influential Sunni stances, though distinctly different from each other.

The growth of artificial intelligence technology and robotic and their usage by people based on their needs, although plays an important role in meeting needs, but it has caused problems and even can cause losses to people and property. Autonomous robots are able to perform different activities without human control, particularly due to special software which is inside of them. Therefore, examining legal liability concerning the incurred loss would be more difficult. Regarding autonomous element, one of the most important questions in this field is that the responsible persons who can attributed loss to them, Who are they ? and another that ,with Assuming attribute, what is the aspect of responsibility? The present paper attempts by selecting robot as a product, among the existing theories, regarding the functional nature of the robot, considering current situation and latest developments in this area, applies the rules of product liability and civil responsibility to the robot producer. on this basis, the producer due to due to producing an inherently dangerous product and creation of hazardous activity and by considering precautionary principle, has strict liability.