نشریه حقوق قضایی
پیاپی 24 (بهار و تابستان 1398)

The Islamic Penal Code includes the definition and explanation of crimes and their reprimands. Hadd, Ghesas (Retribution), Dieh and ta'zir are parts of this law. Regarding the Hadd reprimand, legislator in article 264 of Islamic Penal Code stipulates as follow: ((The consumption of intoxicants such as eating, injecting and smoking with  low or high value, solid or liquid, intoxicating or not, pure or mixed in such a way that it does not exclude the person from being intoxicating, causes a Hadd reprimand. In the holy Shari'a of Islam the limits of Hadd reprimand is determined, and the crime that caused it has been specified precisely and clearly. In the penal laws of the Islamic Republic of Iran and especially in the field of the Hadd reprimand, the legislator criminalizes the acts subject to Hadd, and explains its related reprimand according to the Shari'a rulings and also according to the opinions of the senior jurists. The purpose of this study is to answer the question whether Article 264 of the Islamic Penal Code is fully consistent with the religious teachings and views of senior jurists? And also are the injections, smoking and other forms of intoxicants subject to Hadd from the point of view of jurisprudential rulings? To obtain this answer, the fatwas of the senior jurists and the principles of the rule of this legal article were investigated. From the point of view of the senior jurists, “drinking” and “eating” of intoxicants are two examples in which If verified, the cause of these crimes capable of the Hadd reprimands, while only "drinking" is intoxicant that leads to the reprimands of had according to the narrations in this regard. Therefore, "eating" and "drinking" are definite examples of intoxicants that cause had reprimands, although according to Islamic criminal law, the judiciary can impose a Ta'zir reprimands on other examples of intoxicants for the benefit of society.

Facing doubts about the judge's competence after his appointment to the judiciary is an issue that can be described as a constant challenge for the judiciary in overseeing the performance of judges; Although some changes in the economic, political and social situation of the society can cause some fluctuations in the mood and as a result the character of a judge, but the seriousness of the judgment and also the worldly and otherworldly consequences of the judge's improper performance, the sensitivity of this important Has doubled. This study seeks to analyze the legal doubt in the jurisdiction of the judge with a documentary look at Imami jurisprudence and examine the challenges ahead to illuminate a faint light in this area, which despite its great importance in poor writings and documents.

The enjoyment of certain special protection rights by foreign investors requires that their actions, property or instruments be recognized as an "investment". In this regard, the concept of "investment" or "foreign investment" is of particular importance. In the definition of international treaties as "foreign investment", a broad asset-oriented approach is usually chosen. Thus, "investment" is defined in the form of a general definition with a list of types of assets and sometimes with the main characteristics of investment. Non-oxidized international arbitration tribunals do not have an independent approach and have often interpreted the concept of investment based on the provisions of treaties or laws cited by litigants, using well-known principles and rules of international law. Each of these approaches has advantages and disadvantages, but the asset-based format is recommended as the most appropriate model for defining foreign investment due to its breadth of scope and ease of management. Businesses and lawyers today know that signing a contract is only the starting point for a challenging relationship, not the end of negotiations. They say they may still be at the negotiating table to renegotiate the contract. This goes back to the nature of investment contracts, that is, their length and technical complexity. Opinion occurs in the initial contract, so one way to avoid disputes is to revise the contract by anticipating the condition of renegotiation.

"silence means refusing to say and not speak and will notice explicit or implicit legal concept lack of something. From a legal standpoint silence, except in cases of exceptional  is effective and substantially lack of expression will parties is silent and this rule that silence gives consent, is  including Iranian civil law origin effect, however, exceptional cases will be is silence effect. Imamieh silence as the absence is will not work unless in exceptional circumstances like silence virgin in marriage in the marriage contract, like all contracts of commitment is necessary so famous that requires commitment by the wife is declared by pair, Miss silence in marriage, according to legal scholars to accept stronger view is evidence of the commitment to prompt satisfaction that we have as a mirror of modesty virgins at marriage for the first time can be prevented from expressing and this is mirrored along silence implies consent. In this paper, we will be examples of silence in legal procedure, according to Shia jurisprudence examined.

One of the problems in the relationship between couples and families;  Is absent.  Since the most absent effect is in the family, there are special legal effects and rulings, especially when the missing person or the absentee is married, the absence of the person leaves much more serious and complex effects and examples.  In such a way that absence can be considered as one of the examples of hardship and embarrassment, or as an example of leaving alimony.  Therefore, economic issues such as alimony, dowry, inheritance and divorce, heirs, etc. are created that make any legal system face many ambiguities and confusions.  The most important issue This article is the missing verdicts and effects in the dimensions of property maintenance and durability or dissolution of the marriage.  The most important goals are: Familiarity with the legal status of missing property and knowledge of the status of non-financial affairs of missing property, which has been done using descriptive-analytical method and reference to library resources.

After the advent of jail in the early nineteenth century, intellectuals and criminal justice specialists were very optimistic about this new punishment because they were very human in contrast to the previous punishments, but it was not long before the criticisms began. Prisons were faced with many problems from the very beginning, and their situation deteriorated further. To overcome this dilemma and avoid the devastating psychological and material effects of imprisonment, prisoners of imprisonment in the criminal policy of different countries have emerged that the new Islamic Penal Code of Iran has also been affected. The purpose of this article is to study the jurisprudential aspects and legal alternative penalties. In this research, using the library method and examining texts and writings about prison substitutes, the research hypotheses were examined. The results of the study showed that alternative prison sentences can have many positive effects for criminals and society, and reduce the many social and economic costs of imprisonment for convicted people and society.

From the view of the experts, relation between the economic growth and environment quality is significant. Environment and natural resources consider as the providers of production entities and production process besides the favorable outputs have unfavorable outputs. Harmful production techniques and process for environment impose extra expenses to the human life including healthiness and longevity reduction, decrease of treatment costs, lack of the usage of the generated economic resources and possibilities and growth of government’s controlling expenses of pollution. All aforementioned items contain legal analyses. This manuscript in the form of qualitative research and with applying the mix methods of descriptive-analytical research examines the effect of respect to the legal framework of environment law during the economic investment on the societies ‘sanitation and health. It finally concludes that the environment pollution not only violates the essential rights of individuals for the health, however considers as the main barrier against the economic development of states.