مجله پژوهش های اخلاقی
سال دهم شماره 4 (پیاپی 40، تابستان 1399)

The article attempts to examine the contractual principles governing the Baikon contracts in Iran, which is frequently used by the National Iranian Oil Company, which serves as the Ministry of Oil. Iran, with its significant reserves of oil and natural gas, is ranked as the world's second largest oil producer and exporter, as well as the world's second-largest gas reserves holder in the world, in terms of two highly desirable areas for investment. Investors (foreign) in Iran can mention the development of oil and natural gas, which still requires a drastic investment.

Innate apostasy is one of the crimes that, if proven, is punishable by particular punishments in the criminal system of Islam. The question arises as to whether in the true sense of innate apostasy, being Muslim parents of an apostate is enough. Or, in addition to it, is it necessary to fully describe Islam for the person after puberty and the revelation of disbelief later on? In this article, we describe the role of defining and describing Islam for an apostate and the role of repentance in it with a descriptive-analytical approach. The results show that in addition to being Muslim parents of an apostate, the continuity of their being Muslim and the description of Islam and its provisions for a person during puberty are among the conditions for the realization of innate apostasy. Also, with regard to the question of whether the punishment of an apostate is in conflict with freedom of thought and the freedom of accepting religion, we have come to the conclusion that what is described as an apostate’s punishment is in cases that the enemy and disagreeing apostate seeks to destroy society and its scientific environment and violate the rights of others, instead of using logical reasoning and scientific methods

Educating privacy and adhering to code of ethics in cyberspace is an important and challenging issue because it is a global, high-speed, accessible, transcendent, transcendental, fluid, augmented and dense reality; Ethical rules and order become more important. At the lower level, at least in the national cyberspace, binding ethical codes need to be approved by the Majlis to become binding law. However, in the cyber space, the issue of disseminating information that is the nature of this environment seems to conflict with the right to privacy. The principles, rules and softwares of the cyber environment have been formulated primarily to facilitate and expedite communication. Whereas in the real environment, the core of morality is the provision of material and spiritual well-being. Thus, in cyber-space privacy violations, especially where the breach is merely cyber-infringement and not real-life cyberbullying, there appears to be an inherent philosophy of cyberspace that facilitates the enforcement of law, which facilitates Is the diffusion and exchange of information, Deterrence should be considered ethical as far as possible, but assumed that breach of privacy in cyberspace will result in material and intellectual damages to individuals; It used civil and criminal bail guarantees in response to them

Morality is a category that has always been present and everywhere, and its flow is a non-mentioned condition in all human activities; Similarly, in the field of contracts and the right to property and the exercise of private rights, morality has a colorful presence and has serious advice. Therefore, in the field of legal behaviors that are related to the public sphere, law and the right of sovereignty and the general public. Naturally, ethics has presence and advice. The present study examines the exploitation of people's rights and privileges, as well as public mines, which naturally have a lot to do with public law, and moral advice will impose restrictions. It discusses the right of individuals to own property in the private sphere, describes it in a descriptive way, and discusses the library's methods and tools, and achieves innovative and good results in this regard, and answers several questions and ambiguities in this regard. It has been found that individuals are exploited in the realm of permissiveness and reed The public mines are not absolutely free and open, but have a number of limitations, including in the area of ethical advice.

One of the requirements of the era in which we are living is the growing trend of trade and economic exchanges and the resulting contracts, in which trade disputes are inevitable. Commercial disputes are settled with the court or lead to a settlement. The complexity of the litigation and the importance of their speedy settlement justify the necessity of these trials. Thus, not only judges who are well versed in business traditions and expectations are involved in these trials, but they must also be in line with the requirements of the business community. There is peace and reconciliation, but the lawsuit has not only negative external consequences but also positive external consequences, including deterrence that companies need to exercise caution.

Citizenship Charter Reflects Government Concern Over Public Awareness on Citizenship and Proposes Respect for Human Rights. In this regard, one of the most important pillars of the civil rights charter is the issue of women's rights. The purpose of the present study is to investigate and analyze the level of attention to women's citizenship rights in the context of the Citizenship Charter. The above study shows that women's citizenship rights are accepted in the Charter of Citizenship to an acceptable extent, but there is no guarantee of proper implementation on the one hand and some practical challenges and on the other hand desirable and realistic research of women's rights in Iran with serious obstacles. Is facing

Love and determinism ‎are the most prominent themes of Persian literature. Determinism ‎is opposite to the highly frequent term Free will. Love in its spiritual aspect is reminiscent of the mysticism of the Divine Atonement, both physically and according to its instinctual origin, and is known as earthly love. The current paper aims at examining, describing, and analyzing Sadegh Chubak Naturalist fictional works to study his view of Earthly and Physical Love and Human Fate. The animal nature of human in these stories as an overbearing, lustful creature is portrayed in a naturalistic view, and love is presented as a legitimate experience in the form of physical and gendered desire and determinism, that is, human beings - has to comply with biological requirements, and fails to exercise the will of man to submit since destiny is inevitable. In his stories, Chubak relies on the influence of modernism on fate, ambiguity and inheritance on characters

International law books on arbitration have discussed, and in a brief and transient way, the nature and nature of the rules of international trade arbitration, and most of the books and articles on this subject have been published abroad. Since arbitration is one of the most important and common ways of resolving disputes in international business litigation, this research can help to identify its substantive dimensions and thus be effective in responding to existing uncertainties. And in this research, the nature of the rules of ethics in international commercial arbitration has been examined ethically and legally. And the researcher concludes that although the rules of international commercial arbitration imply a modality of ethics, but because ethics is a matter of credit and ultimately abstraction, the rules of international law in international business arbitration cannot be ethically In the conventional sense, it is examined and made clear because the relation between ethics and interest in international relations is of the contradiction. And these rules should be seen as a purely legal tool, derived from the rules of public order whose ethics are one of the constituent elements of its legal approach

he special place of property in the daily life of human beings is of special importance and prominence among other issues, so much so that in the divine schools and even non-divine systems, it is a fundamental and certain principle for regulating the social and economic relations of society. It is the most famous jurisprudential rule and has long been one of the most basic rules of Islamic jurisprudence due to its extensive economic and social application. This rule establishes the pillars of ownership in conflict with the subject of ownership and the rule of domination with the public interest. Most believe that the principle of preference for public rights and collective interests It restricts the scope of domination and is in conflict with these two public interests. However, some views in the rule of domination refer to the collective and do not infer conflict with the public interest. The present study focuses on ownership based on the rule of domination and the rule of public interest The growing complexity of people's lives and social relationships, which limit the rule of domination in conflict with the public interest and even deprivation of property, has been processed so that no one has entered as above.

In Islamic mysticism, one of the most important rights of individuals is the trusteeship and protection of the rights of the parties. One of the most important rights of authors is their moral rights. Nonetheless, law-enforcement works worldwide have become increasingly cyberspace. Works such as films, recording and display of music and scientific texts, can be sent to all over the world, and in today's world, more mystical study is required. Duplication of works in databases located in foreign countries and publicly available intellectual works by online service providers is one of the greatest legal challenges. The violations of moral rights of the author, regardless of their mystical levels, can be carried out continuously in different countries. Because digital access to the digital universe is possible and makes it possible for recipients and traffickers of intellectual works to do so, it is very difficult to locate the works of art and art there where they are produced, reproduced or violated. In international documents, the determination of the competent court has been made to determine where the violation of moral rights has been committed. But it seems that this criterion is ineffective due to the crampiness of the cyber space, and also needs to be further explored in Islamic mysticism. Therefore, in this paper, using a library research methodology based on the place of activity of Internet service providers, a new criterion for determining the competent court and its explanation in Islamic mysticism is presented.

The term “privatization” has not been defined in our laws. Privatization is a complicated and vague concept featuring various political, social, economic and legal aspects and outcomes. Before and after the Islamic Revolution, our legislator’s approach has been towards the domination of public and state ownership. But, a larger deal of attention was gradually paid to privatization due to numerous reasons such as domestic and foreign factors including the prevention of public and state sectors’ monopoly, stagnation of the society, downsizing of the government, valuing the private sector and entry to global trade and markets. The objective and distinct examples of such an approach is the Act 44 of the constitution and Islamic Republic of Iran’s first to sixth economic, social and cultural development plans. The most important objective of privatization has been enhancement of the entities’ efficiency and optimization of resource allocation in the majority of the countries. Valuing the privatization is in fact supplementing the state and public proprietorship. Such an overlap can remove the gaps and impediments and concomitantly put into effect all the national talents and competencies. The present study aims at elaboration of the adopted by value – legal analysis of Islamic Republic of Iran’s governance approach towards the process and concept of privatization.

The arbitration body, as a method of dispute settlement based on the agreement and contention of the parties to the dispute, has long been favored by the public. This popular system of arbitration has privileges that make it superior to other methods of dispute resolution. Diversification and diversification of references as well as their functioning make it difficult to formulate a single administrative code of law that is based on fair trial principles, But the quasi-judicial nature and their differentiation from judicial and rule of law principles and administrative practices can be common ground for investigating the conduct of investigations that may create a single trial and non-compliance with legal requirements. In judgment, arbitration, administrative hearings, and in general, any type of legal action based on fairness is a moral conscience that recognizes the issue. In general, the principle of fairness can be characterized as impartiality, rejection of bias, rejection of bias, listening to the other party's (fair hearing), performance of duty without regard for personal and group tendencies, with due diligence, reinforcement and trustworthiness, and ... enumerated. We therefore seek to examine the ethical assessment of fair arbitration prior to quasi-judicial hearings in the Iranian legal system with an emphasis on the principles of fair trial.

The constitution is the supreme norm of the legal system, and the coherence of this system requires compliance with the rules below the supreme rules. Defending the constitution is certainly one of the great achievements of public law in the last century. The value and validity of a constitution is maintained when all elements of the legal system are in harmony with it and the constitution is the dominant element in that system.The Administrative Justice Tribunal, which, under Article 173 of the Constitution, is the authority to deal with administrative disputes and to monitor the compliance of administrative regulations with Islamic law and the law; It opposes ordinary law and primarily the constitution and, by issuing judicial opinions as constitutional norms, has provided a valuable resource, namely judicial practice in the field.In the present article, while examining the aspects of judicial oversight over the administrative functions of the Court in the substantive jurisdiction of state law, the role of this judicial authority will be examined with a view to respect for persons and prohibition of dignity in the Constitution.

One of the most obvious rights of the accused, which is considered in international documents and legal systems, as well as in the Iranian legal system, is the right of the accused to remain silent at various stages of the proceedings. It has been disputed that some consider the observance of the right to silence to cause delays in the trial, the escape of the accused and professional perpetrators from the grip of justice, etc. Failure to comply with the defendant's right to remain silent has provided for an executive guarantee There are obstacles and problems in the implementation of the right of silence of the accused in the various stages of the proceedings in the Iranian legal system, which should be considered as a challenge. Obstacles and Challenges It should not be overlooked. In the following study, descriptive and library methods have been used. The truth is that predicting ethical and legislative mechanisms, judicial, administrative and disciplinary to facilitate the implementation of the right to remain silent at various stages of the proceedings, recognizing solutions to address existing challenges, takes a very useful and effective step to make the criminal justice system fair. Be..

The Islamic Shari'a is known for its perfection because it has raised religious and secular issues in its prominent laws. Although the Shari'ah is based on belief and worship, this does not mean that they are worldly affairs and that a large part of Islamic jurisprudence constitutes financial transactions. Most people's disagreements over trade are about the highs and lows of the term, especially when it is combined with ignorance or deception, and the jurists interpret it as "groaning". On the one hand, the present article examines the realization of the subject of the Qur'an, including the background, legitimacy, circumstances, instances and cases of fall of the cucumber in the Khamseh religions, and on the other hand, reviews the reasons and forms of its realization in the transaction and its religious status. Paid. Often cucumber is a legitimate cabbage, but cabbage causes a cucumber that has some proof requirements, one of which is gross cabbage. However, not with change or one of the successors in the position of stress. There are some cases of cucumber but cucumbers do not prove to be stable, such as in cases of cucumber fall.

In the criminal proceedings, the preliminary investigative phase, considering the features and features of this phase, is of particular importance in the subsequent proceedings, in particular the rights of the accused, and the legal influence of the lawyer in guaranteeing and protecting these rights. The presence of a lawyer in the preliminary investigation phase provides both legal and ethical requirements, respecting the rights of individuals, and equipping them with the opportunity to defend and to exercise their rights. The Criminal Procedure Code adopted in 2013 has effective innovations on the right of the accused to have a lawyer in the preliminary investigation stage, and the presence of a lawyer in the supervised phase, unlimited attendance, the right to study and access to the case, and the need to appoint a lawyer. , From the point of view of guaranteed subject matter rights, and obtaining the latest defense of the lawyer, admonition of the lawyer to the interrogator, maintaining the dignity and dignity of the individual, and segregation from the prosecution to facilitate the intervention of the lawyer in the light of ethical requirements, including the most obvious signs of strengthening the intervention of the lawyer. is considered. In this article, about the right of the accused to have a lawyer during the preliminary investigation phase, with emphasis on the drafting of this law, its specific rules and provisions are analyzed and described.