نشریه فقه جزای تطبیقی
سال دوم شماره 1 (بهار 1401)

Apostasy is a major issue and a point of contention in criminal jurisprudence. Given the importance of the crime of apostasy, the punishment of which is related to human life, the method of proving apostasy is much more critical. In this article, an attempt has been made to examine the conditions, method, and quality of proving apostasy. The article is descriptive-analytical, and the subject has been studied using the library method. The findings indicate that from the point of view of the general jurists. The most important way to prove apostasy is to confess; A person who is himself inclined to a religion other than Islam, disbelief or doubt and hesitation about the principles of Islam and the denial of Islamic rules in a way that leads to the denial of monotheism or mission is considered an apostate. Confession is the most common way of proving apostasy, as it's all-encompassing. Another way to prove apostasy, also mentioned in the narrations, is the uprising. The third way, which is the point of disagreement of the jurists, is the judge's knowledge. Regarding apostasy and freedom of expression, it can be said that in Islam, the right to research one's beliefs is permissible and obligatory. Considering the principle of freedom of expression and the approach of jurisprudence regarding freedom of expression and belief, the legislator must consider the conditions and methods of proving apostasy and get out of the current ambiguity, especially since the knowledge of the judge is one of the methods of proof in this regard and the judge's authority in this regard should not be restricted.

Travis Hirschi and Michelle Gottfredon, in justifying how crime was committed, first articulated the theory of social control and then the general theory of crime. According to these two theories, people who have committed a crime, or at least the rate of crime committed by them, is very small, which is defined by four constraints, which are: Involvement, Correlation, Commitment and Belief to be controlled. Then, with the development of this theory, they came to the conclusion that in addition to the above four constraints, it is necessary to motivate and institutionalize self-control in childhood and mainly from 7 to 12 years old by proper upbringing and various teachings in children. Preparing forms based on the above theories and conducting interviews with about 600 people sentenced to imprisonment in various crimes in Kermanshah and Evin Tehran Central Prisons as a scientific solution to determine the extent of the impact of these theories is the subject of this study.

wife's position among of the right of retribution is one of the critical issues in criminal jurisprudence that has been examined in this article. The primary and vital question that has been raised and discussed is how the approach of criminal jurisprudence regarding the position of the wife in the holders of the right of retribution can be explained? The article is descriptive-analytical and examines the question using the library method. The findings indicate disagreement in criminal jurisprudence regarding the holders of the right to retaliation. According to the well-known view of the jurists, the rightful owners of retaliation are the same as the victim. From this perspective, all male and female relatives have the right to retaliation as the victim, but the wife does not have the right to retaliation. According to another view, the right to retaliation belongs only to paternal male relatives, and maternal relatives, whether male or female, do not have this right. Accordingly, women are not entitled to retaliation if they are paternal relatives or relatives. As a result, it must be said that the wife has no right to demand retribution and amnesty. The common denominator of the two views is that the wife does not have the right to retaliate. Traditions, consensus, and cases such as the lack of relative bond between couples are among the jurists' reasons for rejecting the wife's right to retaliation, which can be criticized and considered and are not strong reasons in this regard.

Security is considered as one of the basic elements of efficiency and providing services to citizens and beyond that, it is the survival of existing political systems. Crimes against security have always been an significant topic of discussion. The present paper is an attempt to examine the threats and crimes against security in the Iranian legal system and its future challenges. The present paper is an analytical descriptive study and using the library method to investigate the subject under study. The findings of the study show that cyber crimes, such as espionage and unauthorized cyber access are among the crimes against security that have been criminalized. But security is also exposed to other important cyber threats that pose future security challenges. Cyber terrorism, cyber warfare, cyber disruption and hacking, phishing, farming, and smashing are among the security threats that are considered as future challenges because of the unclear nature of cyber security challenges, and dealing with it requires criminal and non-criminal prevention.

Correctional and educative approach towards prisoners is one of the important issues of high significance in policy making regrading prisons. In this paper, an attempt has been made to investigate the place of religious programs of the country's Prisons and Security and Corrective Measures Organization and the effect of these programs on the education and correction of prisoners. The present paper is analytical-descriptive and the subject is studied using the library method. The findings of the paper indicate that the country's Prisons and Security and Corrective Measures Organization has paid attention to religious programs in its correctional approach towards prisoners. According to the regulations of the Prisons Organization, various religious programs are envisaged in order to purify and cultivate the soul and raise the faith and beliefs of the prisoners and keep them from committing crimes. The country's Prisons and Security and Corrective Measures Organization is attempting to affect prisoners through religious education, correction of prisoners' attitudes towards existence, human beings, and self, and educative trainings such as self-control training of criminals. To achieve such a goal, it is necessary for the country's Prisons and Security and Corrective Measures Organization to use indirect methods and benefit from the views of experts and criminologists in this regard.

Illegitimate relationships in cyberspace are one of the important issues, which are ambiguous and needs to be investigated due to being a new phenomenon. In this paper, an attempt has been made to investigate illegitimate relationships in cyberspace from the perspective of criminal jurisprudence. The paper is descriptive-analytical and the library method is used. The findings indicate that illegitimate relationships can be realized in cyberspace considering that it is not limited to a physical relationship from a jurisprudential point of view. Just as people can have illegitimate relationships with each other in the physical world, they can also have such relationships with each other through cyberspace, because what is the criterion for an illegitimate relationship is corruption and temptation, and it does not matter if its realization is through a computer or any other device. Therefore, people who communicate with each other outside the framework in this way, have committed a crime and can be punished. In conclusion, it can be said that the basis for the realization of illegitimate relationships is corruption and temptation. However, it is not easy to determine the exact criteria for corruption and temptation. Especially since the issue of custom can also be effective in this regard.

The equality principle is one of the important principles of punishment. Nevertheless, the type and manner of execution of punishments for women is one of the significant issues that have been discussed in jurisprudence. The basic question posed and investigated in this respect is, what are the specific rights of women in the type and manner of execution of punishments from a jurisprudential perspective? The present paper is descriptive and analytical and has investigated the above-mentioned question using the library method. The results of the study indicate that the principle of equality, including in punishments, is accepted in Islam. However, equality does not mean the same thing, and in some cases, the amount and execution of punishments for women are different, which is defined on the specific rights of women in punishments. The specifics of women in the field of punishment, including in cases, such as punishment for Adultery, Muharibeh, and Apostasy, have been observed and considered. In terms of the execution of the punishment, in cases, such as flagellation, a more favorable situation is considered, and in some cases, such as during pregnancy, menstruation, and puerperal illness, the execution of the punishment is delayed. As the conclusion of the paper, it should be noted that in Islamic thought, in addition to their common position, men and women also have a special position based on their different roles, functions, and characteristics, and therefore, women's "right to be different" should be defended and justice should be performed. Implementing the equality principle without considering differences is unfair.

The Caspian Sea, as the largest lake in the world, faces environmental problems on its shores and water borders, and its solution is criminal protection of the urban environment in the form of criminalizing destructive behaviors against trees, waste, air, water and soil pollution and noise pollution, as well as threats to public health and damage to the environment based on the provisions of the Convention on the Law of the Sea. Governments have the sovereign right to exploit natural resources according to environmental policies (water border of the Caspian Sea). The question is how to compensate the damage to the environment of the Caspian Sea? And the hypothesis is that the issue of Caspian Sea border contamination is always disputed. The result is that if the damage occurs by the workers in any case, even thought the sponsor government has done appropriate measures; it is possible to suppose criminal responsibility and compensation for him.

The response system to sexual crimes is different according to the legislative policy of each country. In the Iranian legal system, the response system can be called jurisprudential and legal. English legal systemon is based legal doctrine and judicial procedure. It seems that Iran's legal system has performed better in responding to these types of crimes, and the scope of sexual crimes is determined according to jurisprudence texts, and the conditions for proving these types of crimes and how to deal with them are also different. In English legal system, which is derived from the common law, any sexual behavior that takes place without consent is considered as a crime, and this standard is the same for all sexual crimes. The current research aims to investigate the legislative policy governing the response to sexual crimes in the legal system of Iran and England, using a descriptive and analytical method, and has reached the conclusion that the response to sexual crimes in legal system of Iran is based on jurisprudence and in the British legal system is based doctrine and judicial procedure.

In this article, the subject mentioned in Iran's criminal law has been investigated. This article is descriptive and analytical, and the library method to collect data was used. The findings indicate that the damage caused by the crime and the damage caused by the emotional damage of the victims in the Criminal Procedure Law and the Islamic Penal Code are accepted. Compensation for damages caused by crime includes material and spiritual losses and possible benefits obtained from the crime. Compensation for moral damage is of a civil nature, and the implementation of civil liability should not cause the criminal liability of the perpetrator of the damage to be eliminated, so it seems logical that in addition to compensation for moral damage in crimes, the criminal should be punished. As a result, it may not be possible to determine the exact amount of moral damage, at the same time, the causer of damage from her harmful actions cannot be excused.

Today, the scope of all forms of violence has expanded so much that it has raised the concerns of most human societies. Women's legal status and their rights in any society are the best indicators for assessing the legal status of human beings in that society. In some societies, violence against women and girls, including psychological violence, physical violence, financial violence, is rooted in laws and regulations, some of which can be attributed to the roots of the law because of the necessity of following religious sources and texts and not adapting it to the realities in society, interests, needs and social necessities. The aim of this study was to investigate the legal context of violence against women in Iranian law. The research type in this paper was analytical-descriptive and was conducted using library tools. The findings indicate that in Iran’s legal system, some provisions in civil and criminal rights, as well as a bill to protect women from violence, have legislative protection against violence, especially sexual violence.

Financing terrorism is one of the most important crimes. In this study, the question is whether in Iranian law, a proportional legislative attention has been considered for the prevention of terrorism financing crime. In response to this, we found that Iran's criminal policy on combating the crime of terrorism financing has acted relatively in accordance with international documents and is facing flaws in international rules and principles that exist in order to prevent the crime of terrorism financing. In this context, we can refer to the guidelines on the formation and organization of the Anti-Money Laundering and Terrorism Financing Unit approved in 2022 and laws such as the Anti-Money Laundering Act of 2007, as well as the Executive Regulations of the Anti-Money Laundering Act 2009 and the Anti-Terrorism Financing Act of 2015 and an amendment adopted in 2018 that these regulations have been enacted in accordance with international laws and documents.