نشریه حقوق و فقه تربیت و کودک
پیاپی 3 (پاییز 1399)

One of the causes of ownership is the right of pre-emption; There are conditions for the realization of the right of pre-emption, which according to the well-known view of the jurists and the civil law, which is inspired by this view in this field, one of the conditions for the realization of the right of pre-emption is the immovability of property. There is no such consensus on movable property. Some jurists believe in the proof of the right of pre-emption in movable property and others do not believe in such a right in movable property. This study analyzes the views of jurists in this regard and examines the evidence and concludes that the right of pre-emption can be applied to all property, both movable and immovable. The reason why the jurists are more inclined to the right of pre-emption in immovable property is that the pre-emption right has been established to compensate for the loss, and considering that the loss is more lasting in immovable property, they consider the immovability of property as one of the conditions for realizing the right. Pre-emption is considered, but this case can not be a reason that the pre-emption right can not be applied to movable property, but, in some cases, pre-emption right is applied to movable property. Therefore, the immovability of property under the pre-emption right is one of the conditions for the realization of the pre-emption right, has no logical justification and is not compatible with the principles and arguments of the pre-emption right.

Article 1212 of the Civil Code considers the non-gratuitous possessions of a minor auditor to be valid and effective, while from the point of view of legal jurisprudential principles, the validity of the possessions of a minor auditor has been questioned.
Citing narrated evidences such as the hadith of elimination and rational evidences and proving that the minor does not have the authority to possess, and therefore the intention of possessing about him is eliminated and his possessions are not valid and effective.
On the other hand, some believe that his possessions are correct, citing the authenticity and proof of possession for the minor.
In this research, which has been done in a descriptive-analytical method and with reference to library sources, we have examined the evidence of 2 opinions and we have come to the conclusion that minor seizures are not valid and effective and minor seizures have not been possessed, so the content of the article is necessary. 1212 The Civil Code is being revised

Children and adolescents are a sensitive and large part of the members of any society. It is necessary to identify the dangers that threaten this population group and think of measures to eliminate them. In Iran's criminal policy, before the adoption of the Law on the Protection of Children and Adolescents in 1399, we faced a lack of comprehensive and accountable law in the field of flawless and intelligent exposure to these dangers, based on the need of the time. With the enactment of the mentioned law, while separating childhood from adolescence and differentiating some support measures for each of these two groups, in order to organize the educational status of Iranian and non-Iranian students, guarantee criminal execution for negligence of caregivers and guardians of children and adolescents. Duties have been laid down to specialize and tolerate parts of the investigation of crimes against children and adolescents and to prevent the development of justifiable causes of crime in cases of child abuse. It is clear that planning to educate those for whom duties are enshrined in law, as well as the interaction between the institutions entrusted with duties in law, will lead to the success of criminal policy to provide maximum criminal and non-criminal protection for children and adolescents under the new law

One of the types of commercial agencies is "transport company". The perpetrator of this type of agency is called a "transport operator" and is one of the people referred to in both civil and commercial law. It should be noted, however, that the transport of the subject matter of the Civil Code is different in nature and its consequences from the institution of the same name in the Commercial Code, because in the Civil Code, transport is in the category of rent of persons, while in the law Business, this institution is a type of commercial agency (similar to a power of attorney). However, in both of these laws, the transport operator has rights and, of course, duties (duties and responsibilities) that in practice complicate the contracts governing the transport of goods. Therefore, in order to better explain this issue, in this article, we will try to first deal with the manner and conditions of concluding a contract for the transport of goods and then the legal rights and duties of the transport operator (from the perspective of civil law and commercial law).

Article 1212 of the Civil Code considers the non-gratuitous possessions of a minor auditor to be valid and effective, while from the point of view of legal jurisprudential principles, the validity of the possessions of a minor auditor has been questioned.
Citing narrated evidences such as the hadith of elimination and rational evidences and proving that the minor does not have the authority to possess, and therefore the intention of possessing about him is eliminated and his possessions are not valid and effective.
On the other hand, some believe that his possessions are correct, citing the authenticity and proof of possession for the minor.
In this research, which has been done in a descriptive-analytical method and with reference to library sources, we have examined the evidence of 2 opinions and we have come to the conclusion that minor seizures are not valid and effective and minor seizures have not been possessed, so the content of the article is necessary. 1212 The Civil Code is being revised

Every society has a definition of interpersonal relationships based on its worldview and builds its foundation based on this definition. This definition in Islamic society is taken from the long view of the Infallibles (peace be upon them) and is in accordance with the Holy Quran. In the view of Islam, all members of society have dignity, especially women, who have a high status and are considered the pillars of the social system. The ethics of women's association in the field of society and family is of special importance for the whole society due to its deep and wide impact. This issue can be viewed from at least two angles; First, to the woman herself and the benefits or harms that come to her as a result of this social ethic, and second, to the benefits and harms that result from this social ethic to society and its members. In the present article, with an overview of the two mentioned dimensions, we sought to answer the question: from the point of view of jurisprudence and law, what are the principles of women's association in the field of social activities and family and what are the solutions to implement these principles in these two fields? ? The findings of the research indicated that in jurisprudence, various aspects of women's lives have been extensively studied and by collecting recommendations, commands and generalizing examples of narrations, the moral principles of Islam in this field can be achieved and a model can be defined based on it.

The art of design and architecture of mosques in Iran has a history of more than 1200 years that the glorious examples of these mosques in Iran are well-known in particular and general, and Islamic architecture owes a certain period owes to Iranian Islamic architecture. In the age of modernity, not only should the functions of the mosque not be reduced, but according to it, there should be a comprehensive emphasis on making the functions more effective. In this age, the possession of knowledge and awareness increases, the fruit of which is stronger faith. A study of the history of Islam shows that the mosque, as a center for various activities, including worship, social, cultural, military, political, etc., has played a very effective role in advancing the goals of the religion of Islam.
Some of the mosques in our country are mosques that have been directly influenced by traditional patterns and forms, but such mosques were built only by modeling, adapting and even imitating only these ancient works, and although these mosques have a semantic burden, which They are counted, but they do not convey the identity, functional and physical principles of their contemporary era. The present article is based on library studies, review of documents, interviews with professors, experts and officials in written and oral form. This article is of applied-theoretical type which generally consists of two main parts of studies and design.

The jurists have considered the documents to guarantee the receipt of a corrupt contract. Sheikh Ansari, for example, has tried to study and explain it; However, most of them, after examining the contents and explaining the meaning of the prophetic narration of "Ali Al-Alid", have not considered its citation to prove the acceptable guarantee of a corrupt contract. In this article, after a brief semantics of the construction of the wise, the author examines its function in documenting and discovering the scope of the above-mentioned prophetic narration, and as a result, considers the narration to be complete in terms of documents and meanings. Also, with a new expression, he considers the guarantee of a corrupt contract to be based on the "Ali al-Alid" rule.

This article examines the philosophy and principles of flogging in jurisprudence and human rights. It is one of the corporal punishments that has been properly addressed in both the Iranian Penal Code and Islamic criminal jurisprudence. This type of punishment is one of the most common and oldest punishments and has existed in almost all human societies to punish and intimidate criminals for committing certain prohibited acts. The cover has been accepted in Islam as a signature sentence and now exists in Iranian law as one of the main common and important punishments for some limited crimes and a number of punitive and deterrent crimes. In Islamic criminal jurisprudence, the emphasis on the immediate implementation of this ruling is an indication of the importance and care of the holy sharia in its implementation. However, in some cases, the delay in the execution of the sentence has been accepted by the religious ruler due to the time and place component. It should be noted that addressing the nature of this punishment in terms of discipline and deterrence of the offender, as well as creating a spirit of obedience to the commands of the holy Sharia of Islam by members of society and the favorable effect of implementing divine commands at the community level doubles the importance of this issue.

Prison, as one of the means of punishing criminals, has been one of the main punishments considered and practiced in the vast majority of governments from the past to the present.
It is very clear that the punishment of imprisonment was also applied in pre-Islamic times, for example, the contents of Surah Yusuf indicate this.
The main purpose of writing this article is to study the jurisprudential principles of imprisonment in the holy Sharia of Islam by relying on the Holy Quran, jurisprudential books and using the views of contemporary jurists with reference to authentic hadiths. In some of the cases raised in this article, cases such as the manner of imprisonment and imprisonment, as well as the personal rights of prisoners and detainees with Islamic principles and the orders and conduct of the infallibles, as well as the issues raised in Shiite jurisprudence are compared with the principles governing modern prisoners. 

Children and adolescents are the spiritual assets of any society; That the health of their soul and body will guarantee the health of society in the future. Therefore, their issues, including the delinquency of this group, require special and separate measures. Following this necessity, in the present study, an attempt has been made to evaluate the impact of the Prosecutor's Office and the Special Court for Children and Adolescents on the prevention of crimes in this group.
The structure, manner, and mode of action of juvenile delinquency actors from the stage of arrest to the post-execution stage can reinforce, according to their orientations, norm-setting and sociability, or, conversely, the norm-abstinence or sociability of those who experience it, and ultimately Provided the ground for the recurrence of the crime. In the present article, the main lines of juvenile delinquency prevention with the guarantees of juvenile justice institutions have been examined.
In this regard, when arresting a child or adolescent in the police department and then in the preliminary investigation stage, if the behavior of the activists of these institutions with the child or adolescent delinquent is not dignified, it can have many effects for him and society. Using measures such as de-judicialization, observance of defense rights and appropriateness in issuing criminal warrants based on the personality file at this stage can prevent the continuation of the criminal process; In the court stage, by considering the criteria of a fair trial, using a counselor and social worker, using alternatives to imprisonment, such as postponing the issuance of a sentence and suspending the execution of a sentence, it is possible to prevent sending a child or juvenile to a correctional facility. By applying all these measures, if it is sent to the correctional center as a last resort for a child or adolescent, the correctional programs of this institution can help a lot in re-socializing him and ultimately prevent the recurrence of the crime of these people. Measures will emerge in the Islamic Republic of Iran, relying on professionalism, attracting public participation, and emphasizing the need to prevent crime, especially juvenile delinquency.