ماهنامه معرفت
سال سی‌ام شماره 4 (پیاپی 283، تیر 1400)

This study explains the words of Imam Mohammad Baqira to Jabir ibn Yazid Ja'fi about the characteristics of real Shiites. Another of these characteristics is to avoid delays in doing good deeds and procrastination. The Procrastinate means to postpone one's work to another time. One of the roots of procrastination is negligence. Neglect completely prevents a person from doing his work. The secret of human success in life and successful work is to avoid procrastination and seizing opportunities. Another obstacle is laziness and lethargy in doing good deeds. The result of this kind of dealing with good deeds is cruelty of heart. Carelessness, laziness and negligence are also obstacles to accelerate good deeds. The Human life is very transient and short; It is worthwhile to make an effort and enjoy the moments of our lives. Therefore, if one wants to be dear and beloved to God according to the command of Imam Muhammad Baqira, he should hurry in good deeds and not be in trouble with obstacles such as procrastination, negligence, laziness and carelessness.

One of the duties of the rulers of the Islamic society is to deal appropriately with the political opposition. The short period of Amir al-Mu'minin Ali's rule was full of problems and issues due to the special circumstances of the society of that day, in which the political opponents of the Imam were the main protagonists, as most of his rule was devoted to confronting these groups. The purpose of this study is to provide a model in accordance with the Imam's style of dealing with them in different situations, while respecting and recognizing the rights of the opposition and observing important principles of governance, have always tried to guide and return them to society. This study tries to disagreement and criticism of the governing religion is considered as a right, not to be considered a crime, and to regard the issue from a legal point of view by using descriptively examining and analyzing the thematic content of important historical sources, the practical life of the Imam in particular. At the same time, the rights of political opponents are recognized by the constitutions of Iran and most countries.

The Universal Declaration of Human Rights adopted to honor human dignity and a world without violence, not only did not pacify the world but also added to human problems; Therefore, it seems necessary for solving issues arising from it, to study the factors of its inefficiency, which is the type of attitude towards man and his dignity, and in fact, the approach of humanism and human replacement of God and religion; It also ignores the cultural and social differences of different nationalities. The sacred interpretation of man must replace the secular type for solving issues on contemporary man according to Ayatollah Javadi Amoli’s view. Three strategic approaches are necessary to restore human dignity in this declaration such as 1) to explain the position of the deist man in the revealed system in front of the rational animal in the West 2) Explaining the quiddity and function of revealed rationality 3) Strategies and how to achieve human dignity in the revealed system. This study examines and analyzes criticisms and solutions, while pathologically analyzing the Declaration of Human Rights, especially the issue of human dignity, according to the Ayatollah Javadi Amoli by using a research method and library.

The most important factors of difference in criminalizing behaviors, punishments, and the manner of their implementation are differences in the type of attitude of Islam and material schools towards human beings, law, right to life, freedom, and fundamental human rights. Some have argued for Islamic punishments in light of the ideological foundations of humanism and Western human rights, and some see them as denying fundamental human rights. The contradiction that seems to exist between them and certain punishments is eliminated, by carefully examining the semantics of each of the fundamental human rights and considering their origin, this study uses a descriptive-analytical method to explain the rights of "life, dignity, and freedom" from a legal and jurisprudential point of view and indicates that these punishments have been imposed in order to preserve and realize these natural human rights and should be implemented. Therefore, many of these suspicions are due to the lack of accurate understanding of arguments, causes, and conditions of limited punishments and it becomes clear on reflection and accuracy in their philosophy such punishments are in no way inconsistent with human rights, and the difference in this regard is due to differences in worldviews and anthropological attitudes.

The lineage resulting from canonical and legal marriage requires correctness and effects such as inheritance, alimony, natural guardianship, custodianship, etc are arranged on it. However, an innocent baby may be born as a result of the committing fornication of their lawbreaker parents. There were many theoretical differences between jurists and jurisprudences according to Article 1167 of the Civil Code on the order or non-order of legal effects on the lineage of such a child, and in this regard, different opinions were issued by the courts. The end of this incoherence of votes led to the issuance of a unanimous decision of the Judicial Procedure No. 617-03-04 / 1376 of the General Assembly of the Supreme Court. This study tries to examine this issue based on the jurisprudence and legal-judicial system of Iran and uses a descriptive-analytical method and with the help of library tools. The view of adjudication a child to a whoremonger who is contrary to the famous saying of the Imami jurists and in accordance with the opinion of contemporary jurists, and especially in accordance with the fatwa of Imam Khomeini, according to which a great change in Iranian law took place, is preferable and stronger. Therefore, due to the existence of a special text, except for inheritance, all legal effects on illegitimate lineage are also regulated.

Some issues have been raised because of the globalization of corona disease, one of which is the civil responsibility for the individual through whom the disease is transmitted to another. Proof of indemnification caused by the transmission of infectious diseases such as corona, after knowing the characteristics of the disease and the conditions and causes of responsibility is possible. This study aims to investigate civil responsibility for the spread of corona disease. Therefore, first, some of the characteristics of the disease are stated and then the conditions of civil responsibility for relation to the occurrence of damage from the spread of corona disease are examined. The reasons for creating and eliminating responsibility have been considered by using an analytical method in the following. The general conclusion is that if a person infected with the coronavirus spreads the disease to another and loses his or her benefits, he or she will be responsible for indemnification; Unless the damage can be attributed to the victim himself.

Explanation of the nature of business documents such as checks, promissory notes, and bills of exchange great help to improve business relationships because play a key role in the business transactions of individuals and financial institutions. A commercial paper is a marketable and negotiable document. Despite all differences, commercial papers have some features in common. In this study, we examine different views on the nature of commercial papers in a descriptiveanalytic manner while trying to introduce the common features of commercial papers, for instance, showing the debt, negotiability, preventing obtaining extra security, differentiability of character, unconditionality, issuing a writ of security for the relief sought, and joint and several liabilities concerning commercial papers. This section explains nine views of the nature of commercial documents, such as cession of claim, advocacy, draft, agency theory, theories of conversion of commitment, and unilateral commitment, theory of trust and theories based on the dual nature of the commercial document, independent's view means guaranteeing its fulfillment despite the survival of the debt owed by the principal debtor and his responsibility.

In the Islamic and international legal system, interference in the internal affairs of states is prohibited based on the principle of non-interference. An exception has been made based on principles and criteria according to this principle. This study examines the most important principles of the legitimacy of intervention from the Islamic point of view on referring to jurisprudential and legal sources to explain and develop the concept of intervention by mentioning similar cases in the international legal system. The purpose of this study is to make greater compliance and interaction of the principles of intervention legitimacy with the existing laws in the international legal system and the emerging issues in the world today. This study is introduced principles of human dignity, the jihad of invitation, defense of the other people, and the principle of collective security, defensive jihad or legitimate defense and intervention according to the invitation or contract as the most important principles of the legitimacy of intervention by using descriptive, and analytical study.

The Turkish government started Operation Olive Branch with help the doctrine of legitimate defense with the aim of establishing stability and peace on the borders and eliminating terrorists in Afrin Syria in January 2018. International law does not in any way refer to the right to attack another state for fear of being plotted to attack in the territory of another state. What is clear is that "legitimate defense" is allowed only when a real attack has taken place, and in the absence of an element of aggression, it is not permissible to citation for legitimate defense. Therefore, citation for this principle to justify preventive defense is completely unjustified and is considered a clear violation of the UN Charter. The purpose of this study is to examine the operation of the Olive Branch based on the perspective of international law, especially the Charter of the United Nations. This study uses valid library sources and documents and is applied in terms of purpose and descriptive-analytical in terms of method.