نشریه حقوق و فقه تربیت و کودک
پیاپی 9 (بهار 1401)

"Nahleh" is one of  the financial rights that has been provided for the wife in Imami jurisprudence and subsequently in Iranian law. This institution was recognized by the legislator in 1992 in order to provide financial support to the wife and to achieve more justice for women in paragraph (b) of Note 6 of the Law on Amending Divorce Regulations, which can be defined in a short and useful definition. He considered the payment of a sum by the husband to the wife at the time of the divorce. In the latest developments in the field of family law, the legislature in 2012 repealed the law amending the provisions related to divorce. Nevertheless, the institution of "Nahleh" is considered an exception to this version, and as a result, the legislature has still upheld its provisions. Given these developments in the legislative process of this protectionist institution and the ambiguities and conflicts that have occurred in the concept of Nahla in the jurisprudence, the present article intends to respond to the contradictions in the jurisprudence and provide suggestions in this regard. The results of the research also show that Nahleh is a suitable institution for financial support of the wife; However, due to the uncertainty of its position and basis, especially in the judicial procedure, it does not have the necessary function as it should.

Changes to contracts occur when they cannot be considered under general and pervasive requirements such as disease, in the meantime the identification of these issues becomes purely technical, which defines the political nature of the contract for the parties, although this Purely technical issues are implicit and hidden phenomena in the contract, but identifying them can be important for the parties to the contract due to the weakness of the legal contracts and their knowledge will prevent future damage to the parties to the contract, or their readiness to influence policies. Arise from legal contracts. The aim of this study is to identify a new range of issues related to contract law, examining purely technical issues in contract law that are affected by contract policies, which is a new exploration of the political and non-political nature of commercial contracts. Has dealt with an unpredictable difference.

Due to the secrecy and widespread criminal applications of Haarp technology, the criminal policy of governments in this regard has remained silent and has not been criminalized, but because these applications are more in line with the complete violation of human rights, accordingly criminalization. It will be of great importance to human societies. One of the ways in which governments can criminalize these practices is by invoking the rules of jurisprudence. The main purpose of this article is to investigate the criminalization of criminal applications of Haarp technology with reference to the rules of jurisprudence. The research method in this paper is descriptive and analytical and the data collection is library. The findings of the study indicate that criminalizing Haarp's criminal activities is the best way to prevent it, and because the holy Shari'a of Islam has rules and regulations for all actions, the legislature can rely on those rules to To criminalize it. The rules of no harm and no harm in Islam, negation of the mustache and rule of obligation to repel possible harm as the most important jurisprudential rules, can help governments to criminalize the criminal activities of this technology.

In the present age, the dangerous state of the mentally ill and its elimination is one of the most challenging topics in criminology. Some criminologists believe that instead of punishment, security measures should be taken in proportion to the dangerous level of the perpetrator in order to eliminate his danger to society, and with a rational view and away from hasty and emotional actions, the offender may suffer It has been unusual, so it seems that preventive policies through the management of this situation is much more practical by recognizing the effects and consequences of the dangerous situation, and by managing and controlling the devices involved, in order to prevent further damage and Risk-taking to achieve the intended goals, especially by using the teachings of criminology and criminal sociology, is the best and most logical solution in the current period and circumstances. Therefore, the present article uses descriptive and analytical methods to explain the challenges of monitoring dangerous psychic offenders and strategies to strengthen it in the light of Article 150 of the Islamic Penal Code adopted in 2013.

The necessity of cohabitation of couples is one of the conditions for concluding a marriage in Islamic jurisprudence and law, and the lack of this alignment leads to the non-conclusion of the marriage at the beginning and dissolution in the continuation of the marriage. Members of the community were also asked. It emerged in the form of two questions, the result of which were the components of lifestyle, general rules, tools to follow the path, the framework for expressing the concept of religion, and the need for co-rituals for couples to achieve psychological well-being, peace and happiness, establishment and strengthening of marriage. Proper upbringing of children was produced according to the participants.

Since the discussion of the general division of the treasury among Muslims has been of great importance for a long time, the observance of justice and equality in this division is important. The jurists to prove the necessity of observing equality in dividing the possibilities into some verses of the Qur'an such as Qast verses and verses of justice and some narrations such as the narration of Hafs Ibn Ghias from Imam Sadegh (as) and the narration of Abi Ishaq Hamedani from Amir al-Mu'minin (as) and the definite biography of the infallibles They have adhered to the Shari'a and the Shari'a. In addition to all the above arguments, the rule of justice is another reason for this claim. In the words of many jurists, it has been stated with different interpretations that the most important document of this rule is the rule of reason. The example of justice in the division of possibilities among Muslims can be considered as settlement; Because the only reason for receiving these facilities from the treasury is the Islam of individuals in society. And Islam cannot be ranked and distinguished; And none of the members of the Islamic society can be considered superior to another in this regard. But since in the current conditions of society in some cases it is not possible to divide the facilities equally; It is necessary to examine the reasons for equal distribution of facilities.

When two legal addresses are not in conflict in the legislative stage, but in the implementation stage of the law, there is a contradiction between them, it is interpreted as conflict. The fundamentalists refer to antagonism as a form of retaliation. In their terminology, the contradiction between two rulings arising from the impossibility of combining the two in the position of obedience is called antagonism. The way out of antagonism is that if one of the two antagonizing precepts is preferable to the other, the intellect will give preference to it, otherwise the intellect 'ruling is a choice in doing one of two things. To express the criterion of preference, the fundamentalists have mentioned preferences such as having a substitute, giving conditionally to rational power over conditional to religious power, the priority of the important over the important and the temporal precedence, which will be examined in a descriptive and analytical manner and library tools. Took. The results indicate that the acceptance of the domain of these preferences by the fundamentalists is associated with differences.

According to the principle of legitimacy of the study of reason, the principle of respect for human dignity and the principle of respect for the privacy of the believer, the protection of the privacy of individuals in the field of communication and conversation has been emphasized and supported by legislators of different countries. Therefore, in order to protect and protect the privacy of individuals in all fields, the legislator of our country approved a comprehensive and codified law that specified the boundaries of the issue, although there are scattered provisions in the laws to protect the privacy of individuals. There is. Ordinary laws and the Constitution of Iran provide for legal guarantees to protect the privacy of individuals, including the privacy of communications and conversations. Respect for the privacy of individuals and mentioning legitimate and permissible cases of eavesdropping are the findings of the research. This research is theoretical and its method is descriptive-analytical and the method of collecting information is library and by referring to documents, books and articles This article seeks to examine the interception of conversations from the perspective of Iranian criminal law, Imami jurisprudence, and international documents and conventions.

Today, investment has a significant impact on countries around the world. Every country makes every effort to attract capital from around the world. However, there is still a big hurdle called mistrust because investors are only looking for huge profits. In order to reach this bilateral agreement, the World Bank for Reconstruction and Development, together with the United Nations Economic Commission for Europe, established the International Center for the Settlement of Oxide Investment Disputes, which significantly reduced disputes. Foreign investors can easily benefit from Oxide services and facilities, such as comprehensive guarantees and full insurance. Either party can refer to the International Center for the Settlement of Disputes Arising from Oxide Investment to resolve disputes between them through compromise or arbitration, which have many advantages, such as: flexibility, retention Secrets, speed of action, no waste of time, money and energy and so on. Methods of resolving disputes arising from foreign investment have their own characteristics. In most foreign investment contracts, the government and government institutions are on one side and the private person on the other. Governments complicate dispute resolution due to their judicial and administrative immunity, and therefore the resolution of such disputes requires appropriate mechanisms. Arbitration is no exception to this rule and its application in cases arising from foreign investment has the same characteristics. In the present article, we try to discuss the position of the arbitration body in resolving investment disputes by descriptive-analytical method.

Undoubtedly, one of the topics that has occupied the human mind since three thousand years ago is the issue of democracy and the rule of the people over the people, which means the rule of law in human relations with each other. They are fully implemented and they live in peace and friendship with each other in understanding, but this pleasant thing has only happened in some continents, and continents like Africa are taking the first steps towards democracy, but there are some obstacles and challenges ahead. Sometimes it causes despair and hopelessness. However, this is the path that sooner or later the countries of the continent must take in order to enjoy international and regional stability and to distance themselves from war and violence. The purpose of this study is to get acquainted with the challenges of democracy in Africa and the findings of the study show the fact that African countries are going through a tense transition from instability to the rule of law and sustainable democracy and are on this path. Countries with the sovereignty of democracy and the values ​​of the United Nations will benefit, and certainly a bright future awaits the nations of the Black Continent, given the status quo and the golden opportunities facing the African continent