پژوهشنامه حقوق اسلامی
پیاپی 49 (بهار و تابستان 1398)

A variety of motives have an undeniable role in committing certain intentional crimes and religious motives are one of the most important types of them. The title "committing crimes with religious motives" means any criminal act which is the exclusive or the main motive for committing it, is to act on religious orders or to protect religious privacy. This paper, by analytical descriptive method, proves that by looking at the dangerous examples and the role which these crimes can play in the destruction of religions, two important points are apparent. First, the factors of these crimes have delicate differences with the factors of the others, and therefore the division of factors below the conventional form of criminology is ineffective. The other is that the factors of religious crimes are different from religions that have the revelation source and religions that are deviations and divisions of the true divine religions. The result is that in divine religions that the teachings are not massive, the incorrect transmissions of religious teachings, etc., and in the case of inhumane religions, the wrong doctrines are deviation factors.

The Compensation of damages has always stressed In shia Jurisprudence and Iranian law. The legislator considers compensation for the losses caused. However, some factors such as self-defense and consent knowns as a defense and civil liability despite the existence of elements, in this case ruled out compensation in through put. About illegal act of Injured party to be considered as defense, although There has been no separate discussion between jurists and lawyers, but compared to some of the examples raised serious disagreement between them. By exact study this subject in some reliable sources available can say the committing an illegal act in some cases no effect on the civil liability and he is required to compensate for losses incurred, In other cases the illegal act of injured party in accordance with the defence and destroys responsibility.

physical and mental problems. In case crimes against fundamental rights, against physical integrity, against financial rights and against sexual integrity of persons with disabilities are committed, criminal responsibility policies must be supportive and protective of them; the most important law on the rights of persons with disabilities in Iran is the Law on the Protection of the Rights of Disabled Persons that was passed by the Islamic Parliament on 10 March 2018, and approved by the Guardian Council on 12 April 2018. Through the perspective of welfare and protection, this law requires all governmental and nongovernmental organizations to protect cultural, educational, economic, and social rights of people with disabilities. The adoption of this law is, in fact, a very positive step towards the promotion of the rights of persons with disabilities in Iran. Despite its positive points, there are some problems such as the lack of effective criminal enforcement guarantee as well as the lack of differential judicial and extrajudicial protection. On the one hand, Iran's criminal laws have only focused on the crime and the punishment for the offender, and thus the victim persons with disabilities have been forgotten and ignored by adopting a crime-based approach. It is while in the Modern Criminal Law, one of the major missions of the substantive and procedural criminal law is protecting the disabled persons though passing a regulation that involves the most protection for these victims. Therefore, what should be considered by the legislature is that the status of the person with disabilities should be under attention and thereby take their vulnerability to the occurrence of a crime as the strict position of the legislature. In this article, the authors aim to investigate criminal responsibility policies for crimes against the disabled persons as well as providing differential criminal, judicial and Moral protection of them with the analytical-descriptive method and finally analyze the problem of this vulnerable group of society

Foreign exchange trading or "Forex" is a decentralized global market in which currencies are traded in pairs and traders benefit from currency price changes. The ban on this market by the Iranian legislator should be taken into consideration. This article assesses the angles of these transactions by examining the nature of the Forex market and complaining about it in a descriptive analytical approach. The arguments presented based on the similarities of gambling transactions are reasons for the illegal Forex market. Because financial damage is not just for a trader and in turn affects many communities; several laws, including injunctions, bans on deception, profits in the country, etc., are the basis for analysis and evaluation. The article has been studied. With all of the above, not only religious status, but also the prohibition of these transactions is clear in Iran's law.

According to the Islamic Republic of Iran rules, Non-governmental public institutions, should be provided more than 50% of the budget through the institute itself. These institutions to provide this income, they do business activities, providing services, receiving fees, and using public and public assistance, but some of these institutions also use public funds and instead using from the government's budget, The government controls them in types of Administrative, judicial and parliamentary reviews. In spite of the government's supervision, it should be acknowledged that most of these institutions have a relative financial independence from the government in the administration of property, although the financial independence of these institutions is not the same. These institutions, based on their autonomy in the financial system and their dependence on the country's budget, are in three categories: first, institutions that provide their income from their activities, do not have a link with the budget of the country and have complete financial independence ; Second, a bunch of institutions that have incomes but their costs are higher than their incomes and require government assistance; the third category is generally lacks income and is financed by budget of the country. It seems that the third and even some institutions in the second category, despite the name of the non-governmental public institution, do not have the condition to provide more than 50% of the budget in the definition of these institutions and are under full control of the government because of the use of the state budget; So they aren't  non-governmental public institution according to the legal definition.

Today, the government is engaged in private ownership of various types of interference, in a variety of ways, such as legislation, regulations, and Executive bylaws, or through judicial decisions. In this article, Meanwhile explaining the legal and Jurisprudence forms of government involvement in ownership and its area and method, we will examines the pathology of the existing system and examine the implementing and Basic imperfections of interventions. In the end, we will present desirable pattern of the extent of state interference in ownership. By adopting a descriptive-analytical method, this article concludes that the implementation of Islamic rulings in the legal system of the Islamic Republic of Iran, in some cases, including the freedom to revitalize lands without government supervision, or the possibility of construction on personal property without supervision, can be Make practical problems. Accordingly, some issues, including the preservation of public interests and public order, require the government to intervene reasonably in the ownership of individuals.

The issue of the multiplicity of instruments is devoted to examining the effect of various instruments on unit loss. This may be in the form of a community of instruments that form longitudinally or transversely as a single source of damage, or that several instruments are independent and unrelated to each other, and  each cause be it the source of the guarantee independently. Thus, although causation is not exclusive to customary causation and may arise from contractual or legal liability, assuming the independence of the independence multiplicity of instruments, we see a legal entity of attachment liability in which many authorities are unrelated to Each other is liable for all damages for the loss. this article attempts with scrutiny in meaning and understanding of cause and causation and offerring a division of causation, also divides the multiplicity of instruments with a new approach in terms to the social multiplicity of instruments and the independence multiplicity of instruments. And to explain the recent role of the multiplicity of instruments in creating the responsibility we have referred to as attachment liability, with different instances.

Relinquishment to pay maintenance is criminalized in law and if  husband fails to pay maintenance, he will be prosecuted. According to the majority of Imamiyya jurists, any husband who refuses to pay the alimony of his wife, while having financial capability, will be sentenced to imprisonment. Accordingly, Article 642 of Penal Code also convicts such husband to imprisonment. But given the negative effects that these sentences can have on the basis of the family and the relationships between couple, the question arises as to whether these laws are subject to revision or modification

  The study is descriptive-analytical and library method is used for data collection.

The evidence used for permission of husband's imprisonment is based on traditions that report Ali (AS) imprisoned husbands who refused to pay the alimony of their wives. Some also referred to narrations that generally refer to the husband's imprisonment if he did not pay for his wife's alimony.

The given narratives do not permit imprisonment of an insolvent husband nor the one of unknown state or one who claims insolvency unless his  claim is proved; discretionary sentencing merely applies on an insolvent husband who refuses to pay the alimony of his wife and does not have actual property. Therefore, because of negative consequences of sentencing, criminal rules on family matters, particularly the general policies on family, shall be reviewed.

Criminalizing of omissions is a controversial issue in criminal law and two predominant legal traditions regarding this matter have arisen. At first, it should be proved whether there is any metaphysical difference between act and omission and then whether this difference is to bring about differentiated punishability. Consequentialism and utilitarian have a different view of deontologist. There are two competing principles regarding Criminalizing of omission: autonomy and welfare principles. On the bases of autonomy principle, the subject of criminal law is the negative obligations and criminalizing the omissions lead to the extension of criminal law’s network. Welfare principle’s argument insists on the social corporations and responsibility in the society. They believe that criminalization of omission is not related to existence of differences between an act and omission. However when the omissions brought in the criminal law, it will faced with several technical challenges. This article seeks to discuss arguments of these contradictory principles and technical challenges of criminalization of omissions.

Nowadays, Iran monetary and financial market encounter a new concept, named “Resolution” that is going to be technically replaced with “Bankruptcy” system for facing failed or likely to fail banks and credit institutions. Dissatisfaction of policy and decision makers from bankruptcy system toward banks and credit institutions highlights the importance of “Resolution” in their eyes. Among all of the tools utilized under “Resolution” system, “Bail-in” is counted as one of the most challenging on the one hand, and the most useful tool on the other hands which is not only does open a new window in the realm of facing bank failure, but also comprehensively stands against “Bail-out”. This tool can be analyzed in two perspectives; an independent tool and the complementary one. “Bail-in” means “the mechanism for affecting the exercise by a resolution authority of the write-down and conversion powers in relation to liabilities of an institution under resolution”. As it is crystal clear, “Bail-in” includes two steps: loss absorption for “Write-down” and “Conversion” of liabilities to equity. Initially Considering “Bail-in” tool versus the rules of private law, most of the countries have carefully eliminates the impediments before applying this tool. In Iran legal system, originating from Shiite jurisprudence, this tool is not flawless. Islamic banking principles, Shiite jurisprudence rules, i.e. particularly “debt forgiveness” and “novation”, and lack of economic infrastructures are the major barriers before “Bail-in” tool, for which the authors have attempted to resolve them, in addition to explaining and clearing the issues, through descriptive-analyzing method.

There is no doubt that contract law is one of the important foundations of economic system and efficiency and being up-to-date of its rules can have a major role on economic growth. So foreseeing suitable remedies for breach of contract is very important and it can be said that it is a fundamental factor in evaluating the efficiency of contract law. The paper analyses one of the major defects of Iranian contract law. It should be noted The Supreme Court in decree number 733 provided a solution for how to compensate buyer’s losses in an unauthorized transaction. Alongside with uncertainty and doubt that exists about the accepted standard in the decree and its restorative ability in these cases, the possibility of the application of the standard in other cases of dissolution of contract; specifically termination is an important question that giving an answer to it, is very necessary considered with practical aspects. In this survey, it has been proposed that the application of the decree in all causes of contract dissolution is rational and reasonable on the understanding that it has the same base in common with unauthorized transactions and in fact, the buyer has been deceived

Technology development is one of the tools for developing e-commerce. In recent years, the emergence of public Ledgers such as the Blockchain and the invention of digital cryptocurrencies have created a new type of electronic contract called smart contracts. Smart contracts are contracts under the supervision of artificial intelligence in the context of the Blockchain, and the contractor replaces them with smart properties or digital cryptocurrencies. Intention is one of the pillars of the formation of any contract in legal systems. These contracts must be able to identify the element of intent in order to be considered valid in any legal system. Acquiring the intent of the parties in smart contracts through the licensing mechanisms for the use of digital signatures, the mechanisms for assigning permissions to use virtual currencies, the mechanisms for accessing information systems, and in contracts that are represented by artificial intelligence, the conclusion of a transaction by The representative represents the intention of the attorney to grant the lawyer to the client.