پژوهش نامه فقه اجتماعی
پیاپی 18 (بهار و تابستان 1400)

International treaties are a kind of obligation of the parties that is the responsibility of the contracting parties. These contracts are sometimes financial and commercial and sometimes other than that. If an international agreement is concluded between an Islamic state that has a legitimate government and illegitimate governments, whether Islamic or non-Islamic, on a financial issue, there will be doubts. These contracts sometimes form financial agreements and sometimes intergovernmental transactions, both of which face jurisprudential challenges. The status of illegitimate state ownership of public property, especially Anfal, the illegitimate use of funds received by illegitimate governments and the consequent validity of donations to the obligor, etc. are among the challenges that have arisen in this type of obligation. In this research, an attempt is made to examine the mentioned challenges and to Terminated contractand the necessity of fulfilling international agreements. Explaining the meaning of contributions to sin and examining the rule of expediency of public facilitation and rescue are among the cases researched in this article.

Jurisprudential rules are general propositions that play a key role in deriving sharia rules. The rule of no-harm is one of these rules, according to which whenever the provisions of Islamic law cause harm to the obligees, it is lifted. An important drawback to the above rule is that in cases of non-legislation of the Holy Shari'a, no-harm did not have the necessary efficiency and accordingly, no rulings can be made to neutralize the loss, because in this case, he is faced with the great obstacle of establishing a new jurisprudence. The above point is the most basic focus of the study in the present study. The author has a serious critique of this theory and in a descriptive-analytical research, while enumerating the proponents and deniers of inclusion on the non-existent matters presented by them, he has put them in the test of jurisprudential criticism. The necessity of the discussion is that, assuming the proof of the rule in non-existent matters, this capacity can be used to respond to emerging issues and various jurisprudential challenges in cases of legal vacuum. The conclusion of the debate is that the establishment of a new jurisprudence in itself cannot be a barrier to proving the verdict with the rule of no-harm. Therefore, no-harm is unconditional and the provisions of the rule are both the negation of the verdict and the proof of the verdict; Therefore, no-harm has the power to veto and neutralize harmful judgments, as well as the power to enact and legislate.

One of the emerging areas that is in dire need of characterization is the field of media ethics. The media now overshadows all areas of human life (thoughts, feelings, and actions) and has transformed man's fourfold relationship with himself, God, nature, and other human beings. One of the most important tangible areas in which the media has the power to transform is the area of human relations with other human beings, which shapes social ethics. In this study, instead of using only statistical methods in characterization, the expert method in producing social ethics characteristics in the media is emphasized. Also, the approach based on which the indicators of social ethics are computed in the media is not the approach of collecting existing indicators; Rather, the author seeks to construct desirable indicators of the moral media in the field of social ethics. The theory of social interdependence responsibility has been used to explain and analyze the desirable characteristics of moral media in the social field. Institutions subject to interdependence responsibility (such as family, relatives, neighbors, friends and religious brothers) in the context of non-market or moral relations, by providing all the needs and solving all the problems of society, play an important role in establishing and strengthening a moral society. Now, the media of the style of the Islamic Revolution, with the help of relying on the theory of social interdependence responsibility, can play an important role in shaping the characteristics of moral media in the social field. Therefore, by using the verses and narrations about the institutions on the subject of interdependence responsibility, we can understand the requirements for the dissemination of social ethics in the media. The most important requirement in this area is the denial of individualism and the promotion of a culture of cooperation and collaboration in the context of institutions subject to interdependence responsibility. Family orientation, kinship, good neighborliness, friendship and relationship between believers in Islamic society and the do's and don'ts of each of them are among the characteristics that the media can promote and strengthen social morality in society to the extent that they are close to them.

The execution of divine punishments in different periods has been a controversial issue in Islamic jurisprudence. The point of contention among the earlier jurists has been mostly about the axis of assignment or non-assignment to the infallible custodian or the condition of infallibility or its unconditionality for execution. In the contemporary era, with the introduction of two separate categories, namely "hermeneutic knowledge" and "human rights", this debate has also been affected; On the one hand, the focus of the debate has shifted from being assigned to an infallible custodian to being "assigned to the age of resurrection", and on the other hand, due to the need to raise humanitarian rights issues, the concern of preventing the weakness of Islam has become another field for talking about non- execution of the punishments. This article, with an analytical-critical method, intends to present some reasons beyond the scope and generality of the verses that the Republic of jurists have dealt with, in order to prove the transcendence of divine punishments, relying on some teachings and reasons related to the Holy Quran. The findings of this study show that the arguments of the opponents of the transcendence of punishments are insignificant if measured by the measure of the Holy Quran

Evaluating crime costs and trying to reduce those costs have a long history. The first assessments were made in the United States in 1929, and the results showed that criminal policymakers do not pay much attention to the study of this aspect of criminal law. But as we know, the cost-benefit criterion is a good tool for evaluating the results of legislation; A tool that helps the legislature determine the policy that will increase the welfare of society by evaluating the costs and benefits of different criminal policies. In this way, the policymaker can achieve optimal resource allocation where resources are scarce. The criterion of complementarity of criminal law, on the one hand, seeks to internalize the costs of crimes, and on the other hand, in crimes with high economic returns, in order to raise the level of deterrence, it prescribes the exercise of execution guarantee of criminal law as a complementary rule for the legislature. Also, achieving optimal punishments has been proposed as one of the high goals of economic analysis of criminal law and in this regard, they explain what is considered as an optimal punishment from an economic point of view. In this article, with a descriptive-analytical method and with a practical approach, we will analyze the approach of criminal law and Shiite jurisprudence regarding the evaluation of the cost of a criminal phenomenon (crime).

One of the new methods used in laboratory fertility is the surrogate or surrogate uterus method, which is used for people who do not want or can not keep the fetus in their womb during pregnancy. From a legal point of view, the most important challenge in this method is who is the mother of the born child? A person with whom he has a genetic relationship (the owner of the ovum) or a person who has a physiological relationship (the owner of the uterus)? Or both? Attention to the legal and moral effects of identifying the legal status of the mother, including honor, inheritance, custody, etc., highlights the importance of discussing this issue. The legislator has not set any rules in this regard, so to answer this question, the principles, jurisprudential and legal opinions, and most importantly all the verses of the Holy Quran are discussed. First, the reasons for those who believe in the relative relationship of a woman with a newborn child are examined , and then it is concluded with reasons such as lexicography of “Om” and “Waleda”, custom, verses, etc., that both women can be considered as the mother of the child.