فصلنامه حقوق اسلامی
سال هفدهم شماره 3 (پیاپی 66، پاییز 1399)

The necessity of preference for the more important in the sphere of sovereignty and governance of the country is one of the issues that has always been of interest to jurists and politicians in different societies. The executive in the balance between rights and duties must inevitably take one over the other. The Rule of the More Important and Important, considering its jurisprudential and legal foundations in Islamic thought, is one of the most applicable rules in resolving conflicts between rights and legal obligations. In this article, after a descriptive-analytical approach, after examining the conceptual and religious and legal background of the important and important rule, its jurisprudential and legal nature in Islamic law will be explained; Study the preference of the more important ones in Islamic law. The results of the applied analysis of the more important and important rule of law show that the rule has a rational origin and is considered to be efficient and necessary in all human societies. Also, this rule has certain criteria for the preference of the more important, so as not to misuse it for "justification of the intended purpose."

“Supervision” is one of the most important pillars of the construction industry, which will be implied By a natural or legal person known as a supervising engineer Along with the effective responsibilities set out in the legal building regulations. However, the silence and law enforcement about their scope of responsibility have made it difficult to identify the main culprit in the proceedings at the hearing. The most important obligations of the supervising engineer are in contract or non-contract formats, and sometimes with a condition of non-liability (including disadvantages and benefits). In some assumptions, the nullity-based view of jurisprudence is met with jurisprudence. On the other hand jurisprudential arguments (including the principle of necessity, correctness, obedience, conditional loyalty, action, etc.) and legal arguments (including the principle of freedom of contract, non-compliance with public order and good ethics, etc.) Indicates the validity of the supervisor's engineer non-responsibility clause as discussed in the present study.

There are many foundations in the word of the jurists for expert witness validation. Acceptance of them has specific effects, especially on the scope of expert witness validation and its circumstances. In this research, while criticizing the basics of the credibility of the expert evidence, such as accuracy because of witness validation, unique news, obstruction, assurance and judges awareness, prove that the correct basis in the validation of expert witness is wise way.Based on this expert opinion on the external issue of the subject, because of existence wise way, it is an independent reason for proving issues and its not just way for the judge awareness, but in proving crime and citation, according to lack of the same way between the Imams and wise men, in referring to the expert opinion, the wise is not an independent reason but merely a sign of based on suspicion that along with other signs can be a documentary for judges awareness. In matters of judgment – such as determine Arsh- expert evidence is not validation, but it can not described as an argument.

841/5000One of the uncertainties is the detention limit and the maximum term of exile. The period of exile in virginity is one lunar year. The term of exile of Qawad has been determined by law for a period of one year. However, from a jurisprudential point of view, this view is not defendable, and the point of view of the article is that it is to determine the duration of exile with the ruler, and at least it should be in such a way that the gurus is punished and determined. The maximum is also with the ruler, and after tolerating the common sense of the punishment of exile, with the abandonment of the exile limit is abandoned. In the case of exile in warfare from the perspective of the law it is at least one year and the maximum for it is not stated in the law and it is at the discretion of the judge, but after one year if the wrath of repentance is attained, the arguments of the jurists are different and Makhtar's article It is the determination of the duration of the exile of the mohareb with the ruler, and at least the exile of the mohareb should be such that the punishment does not apply and that it does not cause unhappiness, and when the exile mohareb repent, the exile is abandoned by tolerating the common sense of the punishment of exile and repentance.

Although numerous scholarly scholars have been referred to the jurisprudents as the proof of this rule. But without a doubt, the good and evil way of preventing it, and thus preventing harm, is from the precepts that reason, regardless of the legal texts, or the adjective, is ruled by it, and is from the doctrine of reason. Since the foundation of the Qur'anic reasons is the validity and consensus of the dismissive principle of returning due to rational reasoning, it seems that explaining this reason is of great importance. The significance of this explanation is in such a way that it can be used as a yardstick for judging various views about the content of this rule. So the most important question about this rule is how can we explain the rational cause for it?This paper seeks to explain the rational reason based on the anthropology of the Holy Qur'an, which was actually raised in a philosophical context. Given this explanation, a new perspective on the meaning of the rule can be raised.The present study uses a descriptive-analytic method to investigate the basics of anthropology of the unpardonable and lazy principle.

The mental element of Intentional crime, because it has a mental aspect, is very complicated to prove. This difficulty is present to all Components of this element in both intentional and unintentional crimes.In the present article, by using analytical-descriptive method, The author has tried to comparatively study the reasons and techniques of proving the Components of the Mental element in intentional crimes, including knowledge, general intent, and specific intent in Islamic jurisprudence and the law of the United States of America.The research findings show that the criminal intent and its components are mainly proven on the basis of Objective Circumstantial Evidences. Which in American law has tried to get overcome the difficulties of proof by applying assumptions. However, in Islamic jurisprudence, it is permissible to prove the contrary of the principle of lack of intention only through the confession of the accused or otherwise objective evidence and exteriors to assure the judicial authority; and the reliance on presumptions is not recognized in this regard.

The present article, titled "the legalization of moral affair in the geography of right and duty," deals with the question: How can moral values be articulated and dominated in the modern right-axis world?Here, the author tries to follow the discussion of the legalization of morality in the four areas of the human society, the religious community, the Islamic society, and the national community, while referring to Durkheim's theory of "moral conscience" and expressing the profound social differences between the two axes of thought and right axis.According to the present article, the moralization of society, whether through law or otherwise, requires the consideration of society as an influential structure.A community is a society that consists of the composition of its components that are the people of society and, at the same time, has a different property than the individual constituent of it. In this context, any change in social relations, such as legal or moral affairs, requires the consideration of society as a fact of determination

AbstractIn Participate in the murder that documented premeditated murder of two or more people, the retribution of the partners requires the payment of excess Diyat or, in the case of fatal homicide and deliberate murder, the divide is divided between several persons. Jurists' opinions about the quality of payment of Diyat or excess Diyat are different; Some in the Diyat divide know the number of partners and some others the extent to which each person's influence on the killing is a measure of their responsibility. In this article, we have tried to refer to legal material related to the quality of responsibility and Theories of Jurists and jurisprudential documents of the issue to be expressed.Finally, by confusing the documentation of the division of responsibility into the number of persons and expressing some of the limited arguments,- on the contrary, there is an application - elaborate on the distinction between the possibility of being diagnosed and the impossibility of being diagnosed that In the case of impossibility of diagnosis, the theory of liquidation and in cases of impossibility of diagnosis, the theory of responsibility to the extent of impact accepted.Keywords :Relative guarantee, killing, determining responsibility, corporation, crime, Diyat , retribution

The invention of IoT tools, despite its many applications in industry and commerce, has also posed challenges to the legal system.One of the most important challenges is maintaining the security of private data processing.The main question of the present study is what legal frameworks are in place to protect the private information of individuals in the processing of private data by transnational corporations in Iranian and EU law, and what legal and executive policies should be pursued in the face of existing gaps? To take?The most important legal frameworks available are licensing of Internet of Things controllers and processors for this information, determining the limits and quality of performance of these institutions in the face of private information, monitoring the performance of these institutions and implementing mechanisms for concluding processing contracts in decentralized platforms. However, in this regard, Iranian law requires the adoption of effective laws on the mechanism of private data processing, the allocation of licenses for digital signatures, accreditation and the mechanism of exchange of virtual currencies, and the provision of competent regulatory authorities.

One of the instances of accessory of "abuse of power" is added to the instances of accessory in Article 126 of the Islamic Penal Code. The legal language refers to the "abuse of power" of official organizations and institutions, and in Iranian law, the abuse of power is a criminal offense and its implications are not explicitly stated in the law. Jurists have not been given a definitive definition of the concept of abuse of power; and what the concept and implications of the law are not precisely defined, in terms of scope and model, with concepts such as the abuse of physical, situational, financial, ideological, persuasive, persuasive Sexual and administrative have semantic affinities, although semantic affinities and its intimate relation to similar concepts are distinctive of abuses of power, with some similar concepts general and particularly absolute. The expansion of the concept of instances of abetting limits individual freedoms in society, and the importance of criminalizing "abuse of power" for the criminal defense of its victims. Therefore, the purpose is to examine the conceptual realm of abuse of power and its implications in the victimization measure. The method is descriptive-analytical. The dominant individual, the basis of power, is not only political but also a working relationship, a kinship, and so on.

The Feasibility to resale of goods in Shiite 's JurisprudenceThere are some cases in our Jurisprudence and law system relating to legally binding of breaching a promise including right of confiscation ,the right of canceling a contract through contractual options and guarantees. Beside common guarantees in article88 of the convention of International sale of Goods1980(CISG) ,it also enables two sides to sell the goods to a third party to guarantee possible losses in case of breaching a promise .Review of the case in the convention and possibility of it's possibility in Iran's law in the various assumptions of the Convention can be explored in the form of different jurisprudential institutions based on jurisprudence rules including . retaliation would help us to establish the right of resale of goods in our civil and commercial rules .Keywords: resale of goods, receipts, creditor's refusal of receipts, retribution, loss of seller, Imami jurisprudence

The development of global communications, legal relations between the parties in the international arena is also expanding. This has led to the emergence of the problems is that in addition to the domestic legal to take an international dimension. This becomes more important when, as a historical necessity and an Islamic order seeking to expand relations with the Islamic countries and the international alliance with them, too.So should consider whether to accept the judgments that courts in different countries, especially Islamic countries exported there jurisprudence? It has a double importance on personal status.So you can say yes to the above question is an important step towards the realization of close and effective relations with Islamic countries and strengthening relations is removed.In this article we shall see that the laws of Jurisprudence, regarding personal status, acceptance of orders is quite possible other countries....But on the other, although problems such as lack of sentencing by Judge Vote fully qualified for admission but there are rules such as no requirement, as well as Shrvthm Almvmnvn bed capacity state law opens the door to acceptance of non-Islamic courts and Islamic countries.