نامه الهیات
سال سیزدهم شماره 51 (تابستان 1399)

 One of the rules that has been legislated to create civil liability and coercive guarantee and the legislator has formulated legal materials and compensation according to this rule, is the rule of loss and causation. The purpose of this study is to investigate the status of guilt in criminal and civil regulations and as the pillars of the perpetrator's responsibility from the perspective of jurists and jurists. Jurists consider fault as one of the pillars of responsibility, but believe that in the guarantee of loss, fault is not a condition, but attribution is a condition, but in addition to attribution, fault is also a condition. Therefore, in the lawsuits filed under the heading of causation, the injured party must, in addition to proving the loss, also prove the existence of fault. But Imami jurists do not differentiate between loss and causation and believe that the perpetrator of harm is the direct agent or agent of causation, it does not change anything and what is important is to achieve the loss and the need to compensate it even if the fault is not realized and the current It can also be done involuntarily. And it is not important to separate the loss into direct (direct factor) and causal (indirect factor). The results of research show that the rule of causation is closely related to the rule of loss and as such is one of the effective jurisprudential rules in guarantee. And in cases where the cause is stronger than the steward, that is, it was the perfect cause for loss, instead of the rule of loss, the rule of causation applies. In both rules, there are elements of responsibility and the difference in the cases should not be confused with the difference between the two generals and the general principle in compensation is that the damage can be attributed and customarily attributed to the perpetrator of the damage and can be claimed.

The increasing growth of Islam throughout history has led to various attempts by the enemies of Islam to destroy it, and one of its solutions throughout history has been soft war, and the denial of Mahdism is one of its main components. The enemies have taken many steps in this direction and have tried to strike at the issue of Mahdism in various ways, one of which is the denial of Mahdism. In this article, while defining and explaining soft war, the denial of Mahdism is introduced as one of the main components of soft war and the doubts of the deniers of Mahdism are expressed and analyzed based on rational and descriptive criteria with the aim of strengthening Shiite knowledge with this knowledge. Remove one of the tools used to strike at Mahdism and ultimately Islam, turn it into soft power and use it for the benefit of Islam, and explain and introduce the colonial goals of the enemies of Islam.

"Love" as a challenging category has been the concern of many Muslim mystics, including Roozbehan and Ibn Arabi. In addition, this word has always been associated with the female sex as a mistress. This connection seems stronger in the opinions of the two mystics than the others. The importance of the issue of love from the point of view of Roozbehan and Ibn Arabi, emphasizing the role of women, is due to the fact that both mystics had innovative and somewhat different views on love and women from other Sufi elders. This is what makes this issue "controversial" and readable. In this regard, the authors, through phenomenological studies, have explored the circumstances and views of these two characters about women and chaste human love. How these two mystics interpret love and its types, as well as the status of women in their minds, are questions that have been tried to be answered. After studying the opinions of Sheikh Shatah and Sheikh Akbar, it has been concluded that for all of them, virtual love is not just a training ground or a ladder and a path to true love, but chaste human love is a radius of the spark of divine love and along and in line with It is counted. Moreover, both mystics believe that understanding the eternal beauty of God and tasting the love of God, only by paying attention to the "manifestations" of that eternal truth in the forms of creatures, especially the highest of them, namely man, especially woman, with All aspects of his existence, including physicality and spirituality, are possible. It is in this direction that woman and chaste human love find a special place in the life and thought of these two in comparison with the opinions of other great Sufis.

In this article, we have studied the method of understanding the hadith by examining the method of inference of the great Shiite jurist and hadith scholar, Shahid Thani, who used hadith in Islamic sciences, and in this regard, "paying attention to the ends in the hadith." We have examined. Explanation: Paying attention to a layer of law which in legal society is interpreted as "the spirit of law" and in the jurisprudential society is interpreted as "spirit of Sharia" and both groups mean the ultimate cause that is considered beyond the words of law. Has been, is. The jurists, believing that there are hidden interests in the Shari'a to bring human beings to perfection, have paid attention to the laws and rules of the Shari'a, which are based on a set of interests and corruptions, and whenever the current one has a definite interest and corruption, Sharia prohibition is imposed on it.

The drafting of the Convention on the Elimination of All Forms of Discrimination against Women is one of the results of Western studies on the issue of women. The main tool of the drafters of the Convention is the elimination of discrimination in order to eradicate the existing traditional gender stereotypes and to deny the differences between men and women and thus to create equal rights. In this case, the provisions of this convention are not in full compliance with Islamic law, and this has caused challenges in various social, legal and cultural fields. The purpose of this study is to compare the rights arising from the articles of the Convention and Islamic law, in order to provide an appropriate response to address the challenges in this field. Based on descriptive analytical studies, it was concluded that in addition to the common human and male commonalities, the two are inherently and evolutionarily different from each other, so it is natural from a social point of view and in the field. The regulation of legal rules should not be expected to be similar to them. In many of its rules and laws, Islamic law complies with the provisions of the Convention. The right to life, the right to liberty, human dignity, the right to employment and political rights such as the right to participate in elections, social rights, the right to education and health are some of the issues that have long been considered in Islam. But in some cases, men and women have different rights and rules based on the characteristics of creation and the responsibilities based on it. Therefore, equality in the Convention on the Elimination of All Forms of Discrimination against Women, contrary to Islamic law, is not based on justice and nature, and this is a form of discrimination.

Today, there is no clear boundary between the sciences, many specialties are located between the sciences, including e-health and telemedicine. Of course, in general, this science can not be considered specific to health sciences or only in the field of information technology. However, telemedicine is one of the technologies that is expected to dramatically change the pattern of health care delivery, as it has already revolutionized many areas of this science, namely medicine. This technology is used as a communication tool that connects healthcare professionals and patients in different areas through telephone, wireless, fax, video conferencing and the Internet and many other means of communication and the possibility of providing medical services to patients without need. Provides for their physical presence. On the other hand, many other problems and issues related to the relationship between the patient and the physician, events and incidents that may occur in this regard and following various medical and therapeutic operations, although in traditional medicine and in other words where between the physician And the patient is not a barrier and the distance is largely resolved, but in relation to telemedicine this issue is debatable and needs to be studied and pondered. In medical services provided to the patient through the medical system remotely, the medical center where these services are provided is a party to the patient's contract, although in this case the contractual relationship between the patient and the telemedicine is not assumed, Subordinate form and based on principles such as employer responsibility, replacement responsibility and apparent representation with the medical center is discussed.