نشریه حقوق و فقه تربیت و کودک
پیاپی 7 (پاییز 1400)

Medicine is one of the necessities of social life and the health and lives of human beings are constantly one of the important concerns of human societies. The revolution that has brought about scientific research and new medical discoveries in the field of medical science has raised countless questions that Islamic jurists cannot remain silent about. Because jurisprudence has a deep connection with human life, the results of discussion and research on these questions are effective in human life. Therefore, it is up to the scholars and jurists of Islam to take the rulings of these emerging issues that affect the lives of human beings out of the texts and rules of Sharia and to express the divine ruling on them. Based on this, by relying on the rules of jurisprudence, many problems in medical science can be resolved and a valid and acceptable Shari'a solution can be presented to specialized physicians to rely on Shari'a arguments and confidently examine examples of issues. Let them solve the problem and find its religious aspect, and in this way, we can carry out jurisprudence and medicine together. In the present study, we intend to explain the role and effect of the rule of negation of embarrassment on solving new problems in medical science and its efficiency.

With the development of human societies and the recognition of equal rights in international instruments for women and men, women's rights are still controversial in most domestic systems. The Iranian legal system, like most domestic legal systems, is in its early stages of recognizing equal rights with men, but it is important to note that the rights recognized from the Islamic perspective for women, which are the basis of Iranian domestic law, are relatively stable. In ancient times, it was considered a leading legal system. However, progressive societies have been able to move from not recognizing the minimum rights for women to recognizing equal rights, and in some cases surpassing the legal system of Islam and consequently Iran, which can be cited as examples in the case of inheritance and blood money, and in some cases. Appeared. On this basis, in this article, while explaining the financial rights of women from the Islamic point of view, its compatibility with international documents is examined and the relevant and non-compliant cases are extracted. Extracting the mentioned cases, including discussing the concept and explaining financial law and its study in Islam and the Iranian legal system and international documents, and analyzing the right to inheritance, blood money, dowry, employment right and control over one's income, equal wage equal pay, The right of ownership over property, etc. can be effective in the development of the Iranian legal system and its stimulation towards social equality. In the case of diyat, this has been enhanced not by a new interpretation of religious rules, but by the establishment of law

Custom in Imamiyya Jurisprudence is not explicitly considered as evidence for inferring rulings. Explaining the place of custom in the Iegislation and evolution of Imamiyya jurisprudence, which was done through research and search in jurisprudential books, indicates that Imamiyya jurists have not considered custom as an authority in its authority conditional on the signature and non-rejection by the Sharia.Accordingly, from the point of view of Imamiyya jurisprudence, customary law can lead to the enactment of rulings on new issues that are not contrary tosharia, but are the discoverer of the ruling of reason so that it can be accepted due to the connection between the ruling of sharia and reason, Because in this case, according to the signature of reason, the rule of  custom will be   considere the rule of sharia.

One of the principles of the science of principles, which is used as an association in various discussions, is the skepticism of the rulings. Lack of accurate explanation of this basis has created many ambiguities in jurisprudential issues, principles such as the nature of apparent and real rules, solving the problem of components and the non-calamity of many actions, and has raised many questions. The leading article, by examining the mentioned basis, has proved and explained the skepticism of the rulings and has also mentioned some of the consequences

The principle is that each obligor is liable for his obligation, but sometimes the parties to the contract, while concluding the contract, or outside it, agree that in case of loss to one of the parties due to non-fulfillment of the obligation, or performance Incomplete or delayed performance, the obligor is released from liability. The contracting party may state that it is not liable under certain circumstances (such as unintentionality and large error) for possible future damages at the time of the contract, or in another contract. The basis of validity of the condition of irresponsibility is: UFO with contracts, the rule of conditions, the rule of domination, the principle of freedom of will and the basis of invalidity, the condition of opposition to public order and good morals and the necessity of our abolition is not obligatory. The condition of non-liability is valid within the scope of the civil liability of the contract, which is the result of error, mistake, fraud and major error. The condition has the same effect on the parties and their representatives as it does on the third party. In case of invalidity of the condition, its effect on the contract depends on the status of the condition. In this research, using the descriptive-analytical method and with the method of phishing and library studies, we try to discuss the scope and effects of the non-responsibility condition.

Today, free access to information is one of the undisputed principles of democracy that contributes to the realization of the concept of citizenship and has been specified in credible international instruments.     In Islamic jurisprudence and Iranian law, this right was accepted with the approval of the law "Dissemination and free access to information". According to the law, public and private institutions are obliged to provide solid information to citizens, except in exceptional cases. Accordingly, the main question in the article is what are the principles and principles governing the dissemination and free access to information in Islam and the subject law? Which has been analyzed by descriptive-analytical method and referring to library sources, and based on this, some principles have been obtained: freedom of expression, counseling, right of supervision, right of knowledge, trustworthiness of information, prohibition of concealment of knowledge and Transparency.

For a long time it was thought that it was only war that threatened international peace and security, but later it was proved that international peace and security can be used in countries' conflicts, proliferation of weapons of war, global climate change and confrontation. Countries for the acquisition of water resources along with the growth of world population and increasing poverty, unemployment, especially the growth of terrorism can be considered as new threats to international peace and security. In other words, the problem of poverty and terrorism is as harmful and terrible as the wars themselves. If countries want to always have peace and security, they must be careful not to reduce the international security factor, so in this study we try to prove that every issue A human being who encounters misunderstandings between countries can lead to conflict and even war, and the research hypothesis is based on the fact that instances of threats against peace are increasing in various ways and the international community should think of threatening a solution. To increase countries' patience and tolerance through dialogue and diplomacy. In the present study, we examine the evolution of the concept of threat to international peace and security in the global village and the research method is to use the methodology of international law in a descriptive-analytical way between the content and inference of new solutions.

Ethical discourse as one of the new branches of professional ethics includes a field of issues and issues that are related to managers. Existing Islamic sources also indicate the importance of this issue in Islam and Islamic culture This research has tried to examine its importance and need in the field of managerial ethics by relying on the discussion of value institutionalization. This research has used the library method in order to collect the data and information it needs In this research, after examining the desired values ​​in Islam and the field of management, the methods and strategies of institutionalization and its effects have been studied. The findings of this study indicate that the institutionalization of values ​​and ethics in the field of ethics, in addition to creating internal commitment to employees and other people, will improve the level of ethics and facilitate the manager's relationship with subordinates

The main purpose of life is based on perfection. God Almighty has provided the best tools for guiding human beings in the path of happiness and merit in the service of human beings. In the meantime, jurisprudence explores all the cases in which human beings need to know the divine rule and discovers the laws related to it. This research is an inferential analytical method based on evidence; the Holy Quran and narrations, and the rules of harmlessness and tasbib, lahraj. achieved this result that happiness is one of the natural needs of human beings and can be taught and has different levels and is an important factor for moving sincerely in the path of worship and creating motivation and ability to do Sharia duty and healthy communication in the family. The purpose of creation is achieved by reaching the highest level of happiness, which is possible by paying attention to spiritual values, basic needs, and having a purposeful life. Therefore, Islamic jurisprudence by presenting principles, framework, and laws tried to draw man's attention to the fact that happiness is not limited to material happiness and man should not always remain in material happiness and immaturity, rather, he must reach for the higher joys, science, discovery of unknowns, invention, etc. Hence, citing the four arguments of the book, tradition, consensus, and reason, have identified praiseworthy happiness and encouraged human society to be truly happy and confirmed the impact of happiness on the life process of individuals and the intellectual and practical manifestations and dynamism of the family and the progress of society.

The purpose of this research is to identify the concept of fetishism and the self in both language and terminology. The Self-Fetishism is when a person considers his desires and Psychological instincts a God that he sanctifies، worships and obeys so he moves away from Allah. It defines the psychological diseases that affect person's thoughts، feelings and behavior which in some extent interfere with his care and treatment.  As the methods of treatment have been evolved over ages and Muslims' scholars contributed great part in it. It also shows that Ahlu' Albait cared about the self and its safety and exclusion from sinners and vices. After that it covers the Methodology of the Qur'an and its vision to a happy and safe life، it also categorizes  self into three categories: Bad self, blamed-self and self-Reassuring. It also identifies heart diseases and its remedy in Qur'an and modern medicine which clarified the prevention before treatment. As the Moral diseases are Multiple and many، this research minimizes and mention only the most gnarled and destructive ones that cause damage to self-humanism and the impact of these diseases over souls and hearts like: The arrogance، Vanity and jealous. It shows also the role of prophet Mohammed (PBUH) and Ahlu' Albait in self repair to give up all vices and to gain all virtues through their guidelines In particular, the commandments of Imam Ali in self-knowledge which considered to be the best knowledge. And, also circulates the two enemies for human being which are the bad-self and the  evil and ways to get rid of hostility then follow the practical steps in order to realize the self-discipline and upgrade it in the way to Allah. And it also covers the methods of treating the Moral diseases through Qur'an and Hadeeth and Ahlu' Albait which clearly shows the most dangerous ones like the anger، lust and gossip، and their causes and remedies