فصلنامه حقوق اسلامی
سال شانزدهم شماره 3 (پیاپی 62، پاییز 1398)

In the evidences of his reluctance, urgency, prevaricate and constriction, there is an exception and that is the discussion of "blood". There are some questions about this exception in which these questions are answered in three sections.The first part relates to the monopoly of blood in killing or its inclusion in the wound, which is correct, acting in accordance with rational balance. The second issue is the permission to pass or not to pass the blood, namely, killing in special circumstances, which, by not accepting the opposite opinion, and relying on reasons, the notable notion of lack of permission is strengthened. And the ultimate issue is the high tempo discussion of blood equality that is discussed in four branches of the blood equality of believers, believers and dissidents, believers and dhimmi kafir, believers and non- dhimmi kafir. In these four sections, the blood equality of the Muslims is considered to be appreciable. To be To explain this section, it is about the validity of blood equality, the proving of the impossibility of action based on the requirements, the requirements of the principle of transparency in legislation, the types of blood is wasted, the possibility of acting on priorities in terms of conflict and the need for action based on the overcoming of quantitative measures Is expressed.

There is a serious disagreement in the jurisprudence of Imamiyyah as to whether or not the trustee of the minor affairs is entitled to receive remuneration and, if so, the criteria and amount thereof. There are five theories : Absolutely permissible to remove the wage (whether poverty or financial ability of the manager of minor affairs), the ability to remove as much as personal sufficiency, Licensing the minimum amount between the wage and personal sufficiency, absolute authorization to take the wage in the event of trustee poverty, and the permission to take the least amount between the wage and personal sufficiency in the case of trustee poverty. The source of the disagreement is the difference in understanding and interpretation of one of the verses of the Qur'an. Also, although the famous doctrine of jurisprudence holds that this is a conditional right to have no intention of exoneration. However, there is no such requirement in the theory of authorization of taking as much as personal sufficiency. The famous theory is that the license to take is as much as the wage. However, reasons and analyzes that are opposed to this theory have also been put forward and even if the famous theory is accepted, it is subject to several conditions. However, due to numerous doubts and various criticisms of the reasons to prove this theory, some jurists have taken the precautionary approach. And in the absence of personal emergency, they believe that the property of the minor should not be seized.

Attachment liability is one of a set of obligations in which several officials are committed to the ‎domain without the common interest and representation of one another, and each of them is ‎attached to the other. Of this kind of liability, there is no liability in the laws of the name of the ‎name, but some examples can be found in different laws. This has made it possible, in the sharing ‎of this responsibility with the‏ ‏joint and several responsibility from the aspect of the debt issue ‎unit, to consider the liability of the attachment as merely a branch of the joint and several ‎responsibility and make their separation unjustified. In this article, by analyzing these ‎responsibilities, their commonalities and differences were stated and the distinction between ‎these two responsibilities was discovered. Also, in order to identify the basis of attachment ‎liability and considering its social‎ implications, we have examined this in two categories social ‎basis and legal and given that the lack of advice on this responsibility, we have outlined a number ‎of important and controversial cases to provide a clear basis.‎

The Principle of supervision in public affairs by looking at Islamic teachingsContrary to popular imagination, In Islamic teachings, the principle is based on the assumption of non-benevolence. Acceptance of the principle of supervision in public affairs, can become the Origin of Transformation in Criminal Policies in Organizations. sovereignty in the real fight against corruption is possible with proper but the subject of this research is the principle of supervision. In the social life, principles, such as authenticity, the principle of innocence and the principle of the purity and innocence of the community of people governs every crime and sin unless proved otherwise. Accordingly, the principle is based on the lack of investigation and overthrow of the affairs of others as a Quranic principle. Generally, it is believed that in the criminal policy of Islam, the principle of piety is everywhere dominant. And in public affairs, the transfer of affairs to qualified persons and pious will be tolerated.

This research studies the legal nature of the bank guarantee by library research method. This research aims to answer the main question as to what the nature of the bank guarantee is and how this nature affects jurisprudential rulings. The effect of the features the bank guarantee in Uniform Customs and Practice for Documentary Credits and bank guarantees (UCP 600) and (URDG 758), like independence from the basic contract and genuineness of the documents characterized by a jurisprudential nature and its special jurisprudential nature are investigated in this study. The hypothesis of this research is the interpretation of the legal nature of the bank guarantee in the form of a non-binding guarantee. According to the hypothesis of non-conforming after the bankruptcy of the bank, the beneficiaries are not considered part of the bank. The application of the bank guarantee to the warranty contract is faced with the problem of a guarantee which has not yet been established and proven. The legal nature of the bank's fees in the guarantee is a substitute in the contract, and the rent do not apply to it. The legal nature of the bank's fees in the guarantee is a substitute in the contract, and the rent and ju'alah (commitment in granting a determined reward) do not apply to it. The bank referring to the pledging individual, in case the agreement is implemented, will be in accordance with the terms, otherwise it will be on the basis of the guarantee.

Adult, sane has legal capacity and can take over in their affairs. On the other hand, no one can do without permission or allowed to interfere in matters of such a person. Unlike the legal capacity man who was always granted, the issue of qualified women has been controversial issues in all communities. Islamic law on the recognition of legal capacity of women has historical precedence over other legal systems is undeniable. In Islamic law and jurisprudence, qualification requirements, there is no difference between men and women. However, some interpretative resources denial of women's qualifications is concluded. Also according to some legal theory, the wife is incapable of contracts and unilateral obligations on some issues. Based on this theory, man is the total legal capacity, but the capacity of women's rights or wife is disputed. This article examines the reasons of rejection and evaluate the qualifications of men and woman.

Substantial constitutionalization is the process of recognizing people's rights in constitutional law. This process is enshrined in the Constitution of Islamic Republic of Iran (IRI) the form of its third chapter. Shahid Beheshti, as an influential person, has had a notable influence on the process of drafting the Constitution, recognizing the rights of the Nation and emphasizing the position of the Islamic legal theory compatible with the conditions of the new world. In this article, we have tried to explain the process of this thought’s impact on and position in formulating the Constitution of the IRI by presenting various evidence from two important generations of human rights. The main presumption of this article is based on the fact that some part of the transcendental concepts set forth in chapter three of the Constitution of the IRI is due to the efforts and reflection of Shahid Beheshti.Key words: Substantial Constitutionalization, Constitution, Legal Thought, Shahid Beheshti, Rights of the Nation, Islamic Law

Despite the efforts of jurists and lawyers to explain the relationship between man and his "mode of domination" to his own members, there remain ambiguities about the theoretical foundations of human relations with members of his body. This article seeks to answer the question that, as Maker (the victim) relies on the killer (slave) on his killing and says, "If I punctuate you, I will kill you". With the argument that Zerah On his own body, he can be reluctant to assume that he is responsible for the criminal responsibility and, therefore, he considers the person to be of any kind? The main finding of the research is that by pondering on the theoretical foundations and arguments of jurists and lawyers, one can claim that even if the elements of reluctance are realized in the assumption discussed, the person will not be deprived of criminal responsibility; Therefore, it should be assumed that accepting the responsibility of the killer (Maker) is consistent with the general principles of criminal law, and that the interests of society and citizens can be better achieved.

Legal Aspects of Trump's anti-refugeAbstract:Executive order of president, Donald trump, on January,27,2017 ban most citizens of seven countries which they are mostly Muslim include Iraq, Iran, Yemen, labia, Soudan, Soria, Somalia to travel to United states of America. Third version of Trump's travel ban gets Supreme Court nod (Dec 4,2018), but legal challenges continue in other courts. some scholars and lawyers believe that this Executive order is not legal decision. This article deals with investigate the definition of Alien and rights of him in legal challenge to trump’s anti-refuge, to exhaust illegal aspects of Trump's Executive Order. Author has tried to express contrariety of Trump's Executive Order and some of conventions and Domestic law of U.S.A Using descriptive-analytical method and on the base of international law and Human Rights. As a result, we can say trump’s anti-refuge is not legal decision and is Anti-Human Rights.