نشریه حقوق و فقه تربیت و کودک
پیاپی 8 (زمستان 1400)

The parliament has always been recognized as an important decision-making body in the political structure of societies. Therefore, the need to evaluate the performance of this institution is of great importance. If we evaluate the actions and performance of this institution, we can hope to improve its performance. Because behind evaluation is accountability. Accountability is a social relationship in which the person or institution being evaluated promises to provide appropriate justification for their actions. Therefore, the evaluation process will lead to transparency in the functioning of the parliament. Since the parliament is an institution that influences the life of the general public with its decisions, the need to improve its performance is considered important because it can lead to the realization of collective goals in societies. In this regard, the development of necessary mechanisms in order to achieve this goal deserves attention and the parliament can take an important practical step in this direction by resorting to the mentioned mechanisms. Therefore, the purpose and innovation of this study will be to provide the necessary mechanisms to evaluate and improve the performance of parliament. Obviously, if the actions of the parliament are transparent and improved, the collective interests of the general public can be guaranteed.

The issue of repentance is one of the most important educational and moral teachings of the Holy Quran and Islamic traditions and has a special place and status in the holy Sharia of Islam.The truth of repentance is man's return to God, and it is a reaction on the part of man to his unworthy behavior, who has spent his life in divine sin.Recently, in the criminal law of Iran, the jurisprudential sources of the institution of repentance have been legislated to prevent the recurrence of crimes and the correction of criminals, and it has been dealt with in the eleventh chapter of the second part of the Islamic Penal Code approved in 1992.In this article, the concept of the importance and effects of the role of repentance in the fall of the hadd punishment from the perspective of jurisprudence and law, as well as the views and opinions of famous jurists are discussed. It is hoped that it will be noticed and studied by respected students and other interested parties.

Since many Muslims have lived in cities since the beginning of Islam, and urban interactions require their own rules; In the holy religion of Islam, there are several rules in this regard; That these rulings are not on the same level in terms of learning, and those rulings that are more comprehensive are called the rules of jurisprudence; The present study, with a descriptive-analytical method, first explains the ways of discovering jurisprudential rules, such as explicit text, interpretation, follow-up and induction in texts, application or generality of text, intellect, custom and manners of rational, legislative way of life. are not. And then examines the general rules governing urban affairs, such as the rule of human ownership of the planet and the "sanctity of disorder", etc., in which civil activities outside the public order, the city and society are considered illegal. And according to the verses of the Qur'an, the development of the earth is obligatory and its destruction is forbidden. And leaving the land useless is illegitimate. And according to the rule of no harm, the antiquity of what causes harm is not a proof and evidence of its religious value, but its antiquity is not valid and it is obligatory to remove it. And according to the mentioned rule, the possession of the queen is conditional on the absence of harm and in order to ensure both the expediency of the owner and the harm to others; But the renovation of the house was not obligatory on the owner; Therefore, as long as this failure does not lead to harm to others; It is not permissible to force him to repair. In the following, some special jurisprudential rules such as the sanctity of closing property are discussed, as a result of which the sanctity of gilding the roof and walls of houses can be deduced.

Undoubtedly, one of the main challenges of the world village in the third millennium is the destruction, pollution and destruction of the plant, animal and human environment that occurs by some people, so that this two-legged creature has marked the order of nature so much that It seems that there is no need for water, air, soil, plants and animals, and it should be noted that nature and the environment do not need the presence and help of humans to sustain life, while humans need nature at all times and certainly the desire of all animals. It is the extinction of the human race because it alone causes the extinction of all species of plants and animals, and has brought wildlife into the sixth stage (anthropocene), and animals are endangered in terms of extinction or survival in eight species. Extinct, vulnerable species, rare species, unspecified species, inadequate species, endangered species and endangered commercial species and need to help this unequal war with the help of the international judicial mechanism which is the establishment of the International Court of Animal Rights End it and let the planet not be devastated by wildlife.

Arbitration is one of the most important and alternative ways of resolving disputes. Resolving legal disputes through arbitration has advantages over litigation, such as the speed of arbitration over litigation, as well as the consent and agreement of the parties to the arbitration, whether the agreement is in the contract or after the dispute. also, disputes related to intellectual property are also areas of arbitration, but in Iran, the study of the arbitrability of intellectual property claims is one of the objectives of this study. On the other hand, the subject of intellectual property rights as a specialized subject requires experience, knowledge and mastery of relevant international rules. However, the question of what claims in the field of intellectual property can enter the arbitration process, by examining the draft of the Comprehensive Arbitration Law and the executive policies of national measures related to industrial property adopted in 1392 and the WIPO Arbitration Center and arbitrators in the field of arbitration will be given Which shows the special attention to the arbitration of intellectual property claims and shows that the existence of a competent intellectual property court in Tehran does not negate arbitration and arbitration in the field of contracts of transfer and exploitation of intellectual property, ownership of unregistered trademarks may be possible.

Permission is one of the important jurisprudential and legal institutions that has been discussed in many jurisprudential chapters and legal writings. According to verse 34 of Surah An-Nisa 'and Article 1105 of the Civil Code regarding marriage, the head of the family is the husband. Therefore, doing some things of the wife is subject to the permission and consent of the husband, and some of the activities of the wife are prohibited without the permission and consent of the husband. "Women's testimony" to be analyzed whether the tolerance and testimony of women is one of the things that the husband's permission is required to do or not? The findings of this study show that tolerance and testimony are sufficient. The husband's permission is required to perform the wife's sufficiency duties, but when tolerating and testifying against the wife becomes an objective obligation, there is a conflict in the community between the two objective obligations, and the strong and important criterion takes precedence, or a community of commands and prohibitions. If the community is not allowed, if the obligation of testimony precedes the obligation of obedience to the husband, the testimony without permission is valid, and if the prohibition takes precedence, then the woman has committed a sin and her testimony is void. However, if the community is allowed to command and forbid, if the woman tolerates and testifies without the husband's permission, she has committed a sin, but her testimony is valid.

The evolution of the concept of government in the age of modernity and the material development of human life have created new problems and challenges, the solution of which requires a review and up-to-date analysis of jurisprudential and legal rules. Among these issues, we can mention the conflict between the condition of permanent endowment contract and the implementation of public projects in dilapidated urban areas. This has led to uncertainty and delays in the implementation of construction operations and renovation projects.According to the well-known opinion of Imami jurists, permanence is one of the characteristics of a waqf contract and it is not possible to sell or convert it. However, according to another group of Imami jurists, the possibility of selling endowments is conceivable under certain conditions.In this study, while expressing various opinions on this issue, the pathology of the traditional jurisprudential approach regarding the endowment contract, the nature of the endowment institution's signature is explained and the rational basis in the endowment management process is strengthened. Finally, it is concluded that if the continuation of the life of the endowment property causes loss or non-benefit to the society, the endowment sale license can be inferred.In this regard, concepts such as the role of Hasbah affairs in the management of endowments, the application of the rule of maintaining order and also the need to move towards social jurisprudence in the process of jurisprudential ijtihad have been discussed. Not to be missed.

Citing Islamic sources, Muslim thinkers consider Islam to be a progressive and humane religion and consider Islamic legal rules to protect human beings in material and spiritual dimensions. Coordinate and in this way use any kind of criminal tool. This issue is discussed under the heading of organized crime. The present article tries to define organized crime, enumerate its possibilities and characteristics, examine its goals, effects and examples, and finally review the main factors that lead criminals to turn to organized crime. This research can provide a suitable basis for its jurisprudential analysis.