نشریه حقوق و فقه تربیت و کودک
پیاپی 5 (بهار 1400)

One of the rules of jurisprudence that is widely used in both civil and criminal matters is the rule of urgency, so that the application of this rule makes the rules of Sharia compatible with the situation and paves the way for the administration of justice. According to the rules of the Qur'an and Sunnah (Hadith Rifa ') and reason, in Islamic jurisprudence, urgency is an obstacle to criminal responsibility and is very important in relation to crimes against individuals. But there has been little discussion about assaults on lives, especially murders. Since there is a brief overview of the urgency of murder in the Iranian penal code, and in relation to the issue with the provision of Article 167 of the Constitution, we refer to fatwas and valid jurisprudential sources, so we have to study the jurisprudence of the issue, although the issue in jurisprudence Only in the context of jurisprudential issues, jurists have been discussed and scrutinized in a scattered manner, and most of the discussions are that urgency is not a license for intentional killing, and the reason for this is the existence of the jurisprudential rule of indifference in the field. However, there is an exception to this rule, each of which requires general conditions.

The rule of ignorant guidance is one of the general rules of jurisprudence that is used in jurisprudence. According to this rule, the guidance of those who are ignorant of the principles of religion and the rules of Shari'a is obligatory on the scholars. To prove the necessity of ignorant guidance, there are numerous religious and intellectual arguments that have been cited by jurists. Ignorant guidance is divided into two types: guidance in rulings and guidance in matters. The main question of this research is where is the realm of the rule of guidance and what is the duty of this rule for the scholars towards the ignorant in the field of rules and subjects and what is its role in the rule of raising children? The research method of this research is descriptive-analytical based on the method of implementation and based on the method of collecting information, it has been done by referring to the books of jurists and reviewing verses and hadiths. Ignorant guidance is obligatory in the rulings, but in the necessity of guidance in matters, a general ruling can not be made obligatory, except for the subjects to which special attention has been paid in the religious sermons. Important things like life, honor and serious property that God has taken care of. One of the important applications of the rule of ignorant guidance is in the matter of family and upbringing of children, according to which the guidance of children after puberty is obligatory on parents. However, the use of this rule before puberty is a matter of doubt, and only the rulings and issues that are necessary for disciplining and guiding children can be considered a mandatory ruling. Also, the inclusion of the rule does not only concern the parents, but also other institutions of the society have a duty to educate the children. The necessity of guiding them is understood.

Numerous factors such as the role of the judicial structure, the role of the case law, the role of the trial judge, the role of judicial staff and judicial officers are effective in increasing or decreasing the daily litigation and the volume of court cases and litigation. One of the causes of litigation is the lack of a lawyer in litigation, and in case of consultation with a lawyer before taking any legal action and using the expert opinions of a lawyer will reduce the input of cases and lawsuits. Therefore, there are various solutions to reduce the inflation of lawsuits, such as paying attention to the role of the lawyer in reducing lawsuits and resolving lawsuits amicably. The main question is what is the role of the lawyer in reducing the number of court cases. The findings of this study on the root cause of litigation in Iran and local and regional strategies show that the lawyer has an important role in reducing and increasing the number of cases, so that the presence of a lawyer reduces or increases the number of cases. Therefore, the present study, as a solution to reduce the inflation of lawsuits, has suggested that the presence of a lawyer in legal and criminal cases be mandatory, and in addition, a family lawyer should be designed and the lawyer's position in society should be promoted and the legal profession should be specialized. It has been written by descriptive-analytical method and library study.

Undoubtedly, in today's world, one of the important indicators of human development is the presence of women and how they play their role in various fields. On the other hand, in the age of globalization, the interests and rights of individuals, even within their own territory, are tied to international considerations. has eaten. This has led to the issue of women's rights in international relations, and the entry of women's rights into the international arena has led to the formation of ups and downs in relations between countries and international organizations active in the field of human rights. Also, the issue of fundamental human rights and freedoms over the centuries has been the main motivation for the struggle against oppression and injustice, which is one of the highlights of international law in the first half of this century in the field of human rights and women's development. . Although women have been fighting for their rights for centuries, the struggle for women's human rights by the international movement is a new struggle. The Convention on the Elimination of All Forms of Discrimination against Women is one of the most important achievements in promoting the human rights of women, but due to some conflicts with the holy Sharia of Islam, the Iranian government has not ratified this important convention. However, in order to study the promotion of the human rights status of women with emphasis on the Iranian legal system, the authors of this article try to examine the issue under discussion based on descriptive-analytical method and documented by reliable sources and interpretations of international law documents and procedures.

In Iranian law, the need to form a jury for political and press crimes is enshrined in Article 168 of the Constitution, but there is little legal literature on the need for compliance or non-compliance with the trial court. The jury should deal with judges in press crimes and its place in the legal system of our country. The results show that 1. The prediction of the jury in terms of constitutional rights can be justified in two ways: a. It enables the participation of the people in the judicial process, especially in political crimes and the press that have a public aspect. The judiciary may be influenced by the executive, ensuring the impartiality of the plaintiff. Here, the court must follow the principle of legality of crimes and punishments. Therefore, if the jury is guilty, the court can acquit on the basis of the legality of the crimes, because it is bound by the law.

Note 2 Article 1313 BC, like the famous jurists, has not accepted the testimony of beggars, who have made begging their profession; However, some jurists have accepted the testimony of a beggar whose work is not associated with haram. 1) - Disagreement in the interpretation of "Al-Sa'il al-Dhi Bakfa" which is mentioned in the narrations for not accepting his testimony. (2) - The difference between begging and not being forbidden. (3) - Assuming that begging is not forbidden, why is the begging testimony not accepted? This has led some jurists and jurists to consider non-begging as an independent condition for justice. (4) - Lack of a rule that includes all cases of "being accused of being a witness". The conditions of "justice" and "not being suspected" have led to the rejection of the beggar's testimony, while begging does not in itself deprive of justice, unless it is accompanied by forbidden acts, such as: lying, cheating, etc. . On the other hand, "being under suspicion" does not lead to the non-acceptance of testimony everywhere.

One of the punishments mentioned in the laws of the United States of America is the death penalty. In this article, a descriptive and analytical study examines the US legal system against the death penalty. Studies generally show that death sentences are subject to state, federal, and military law, and in addition to their multiplicity in law, these crimes fall into three categories: murder-related offenses, non-homicide-related offenses, vice, participation, and Consult in murder; Are divided.According to executions statistics in the United States, the legislature's approach to the death penalty appears to be increasing with the addition of those subject to the death penalty. However, the number of death sentences has decreased significantly from 1999 to this year (2018) on an annual basis.Thus, the United States, as an industrially developed country, continues to focus on the survival of this punishment in its judicial system, but has been cautious in enforcing it.

Madness, insanity and stupidity before committing a crime will be reduced from the perspective of Iranian law according to the "personality and background of the offender". If we punish the insane, we will never achieve the objective goal of punishment or correction of the offender, which is why punishment and punishment are not useful. The main research question of the article is what is the effect of insanity, insanity and stupidity on the criminal liability of the offender from the perspective of Iranian law? . Madness, insanity and cowardice at the time of committing a crime are the complete abolition of the criminal responsibility of the offender and the criminal responsibility of the offender has no effect on the criminal responsibility of the offender; But the court has the power to reduce the punishment of the insane, the innocent and the idiot. The research method in this article is descriptive-analytical with a comparative approach and using the library and by taking notes.

Any change, correction or change that occurs in a person's gender and his current status in terms of being a woman or a man with his previous state, is different and is called gender reassignment and in other words is a disorder in sexual identity. Today, it is relatively easy to issue a gender reassignment permit without providing its infrastructure and necessary items, and it is legal in Iran. Gender reassignment is very important not only medically but also from a jurisprudential and legal point of view, and the issues of its permission or not, or its legality and legitimacy are very important, because gender reassignment depends on marriage, dowry, alimony of wife and children, province, Guardianship and custody of children, family titles and relationships, and inheritance are influential. Therefore, the main question in the present article is what is the jurisprudential and legal status of the phenomenon of gender reassignment, which has been tried to be discussed by descriptive-analytical method, library study and collection of resources.