نشریه پژوهش های حقوقی میان رشته ای
پیاپی 9 (بهار 1401)

One of the most essential social issues is the implementation of Islamic legal rulings, including Hudud. Considering the problem of adultery in today's society and the existence of differences in jurisprudential opinions of Islamic religions, the question arises about how Islamic religions have any consensus or disagreements in the types of the limits of adultery?

In this paper, the researcher has stated the types of hadd of adultery among five religions through library study method and then has adapted its evidences between them.

All ethical considerations related to writing article have been observed.

According to the characteristics of the criminal, for adulterers in Imami penal jurisprudence, eight types of hadd and in the eyes of Sunnis, generally two types of murder, fennel and stoning have been mentioned, which in addition to these two main punishments, exile of the criminal or imprisonment have also been applied in proportion to the type of crime and fatwas of his jurists.

Despite disagreements among religions, fatwas of Imami and Sunni jurists do not have a general disagreement, but in most cases there is consensus.

The civil liability of the government and its employees is a relatively new idea that has created a variety of topics. Considering the importance of the position of judgment and its impact on the interests of individuals, judge error can be one of the most important instances of error of government employee.

It is descriptive study.
Ethical Considerations: All ethical considerations have been observed.

The judge's mistake can be divided for a variety of reasons, and its origin can also be the judge's ignorance or his misinterpretation of legal texts.

In any case where a person is forced to compensate for other compensation, he or she has civil liability. Therefore, these interpretations can also be attributed to the judge's performance and the works that follow his judgment. The damages caused to individuals by the judge's ruling are an example of the judge's mistake. If the damages are not due to the judge's mistake and are related to the court's instruments, the government is responsible for the compensation.

One of the controversial contemporary issues, which is the result of the advancement of modern medical technologies in recent decades, is the issue of brain death and legal challenges related to the effects and rulings on this situation. Investigating and explaining the rulings related to brain death and hypothetical death in Iranian criminal law is one of the objectives of this study.

The research method in this research is descriptive-analytical.
Ethical Considerations: All ethical considerations have been observed.

The findings and results of this study have shown that, firstly, in case of proving the defendant's presumed death in the criminal proceedings, the judicial authority is obliged to issue an endowment for prosecution. Secondly, if the absent person (hypothetical deceased) is found after a final verdict is issued, there is the possibility of prosecution and re-investigation. Thirdly, crimes against a person with brain death are considered to be a crime against the dead in Iranian law. Finally after observing the formalities in case of proof of the defendant's vegetative state, the judicial authority shall order the temporary filing of the case by appointment of supervision.

The rule of brain death is like actual death.

The most important convention on piracy is the 1982 Convention on the Law of the Sea. However, due to the year of its drafting, this convention faces many limitations in establishing an appropriate legal framework to deal with the "new piracy", which is clearly different from its predecessors. It remains to be seen whether the Convention against Transnational Organized Crime 2000 can provide an appropriate legal framework for combating modern piracy.

The research method in this research is descriptive-analytical.

In this research, the originality of the texts, honesty and trustworthiness have been observed.

The piracy that has been taking place on international waterways in recent years is different from the past, both in terms of how it occurs and in terms of the targets and even the areas where the attacks took place. Do not have it. Therefore, as the UN Security Council has insisted in some of its resolutions, it is essential that the provisions of other international instruments be used to fill the gaps.

The 2000 Convention against Transnational Organized Crime is one of the most important international instruments for this purpose. But to take advantage of the provisions of this document, it must first be seen whether, in essence, the crime of piracy can be considered a "transnational organized crime" as defined by the Convention. And if the answer to this question is yes, it should be considered what benefits or benefits can be obtained from this international document to deal with modern piracy as effectively as possible.

It is obvious that one of the ways to enter a perfect economy is abandoning trade of foreign goods and engaging in domestic goods trade as economic growth, employment, and realization of economic independent all rely on the trade of domestically produced goods. The import of foreign goods will result in widespread unemployment of the youth, brain drain, destruction of important sources of wealth and dependence of income to single products such as crude oil, closure of factories and numerous other economic, political, and cultural problems. The aim of this research is to highlight national threats and dangers in various areas due to lack of emphasis and discipline in economic and political act toward the issue of solutions for domestic products. To this end, trade of foreign goods in the face of availability of domestically produced goods of similar characteristics can be extremely important from a legal and Islamic jurisprudence standpoint.

The research method in this research is descriptive-analytical.

In this research, the originality of the texts, honesty and trustworthiness have been observed.

Following the analysis and study of the reasons for prohibition of foreign goods trade in case of the availability of similar domestic products, the government, authorities, and producers are obliged to promote the culture of domestic goods trade.

All Islamic jurisprudence rules point to the prohibition of foreign goods trade in favor of similar domestic goods.

The present paper aimed to study effective solutions available in the Imamiyeh jurisprudence and the Iranian criminal law to decrease the execution of death penalty in Iran to not only save human lives but also realize human rights in Iran.

The library method was used to conduct this descriptive-analytical research.
Ethical Considerations: Originality of texts, honesty and confidentiality were preserved in this paper.

The execution of death penalty was almost common in the past. However, with regard to the necessity of respecting for human rights and lives against violence, the execution of death penalty is now forbidden in many parts of the world or has been decreased to a great extent. Therefore, the present paper have dealt with three types of punishments, namely definite punishment, retaliation, and discretionary punishment, in order to find effective solutions to achieve the foregoing goal.

According to the Shiite criminal jurisprudence and the Iranian criminal law, the death penalty proved to be the most severe punishment among others. With regard to quadruple punishments introduced in the Islamic criminal law (2013), death penalty falls into three categories including definite punishment, retaliation, and discretionary punishment.