فصلنامه حقوق اسلامی
سال هجدهم شماره 4 (پیاپی 71، زمستان 1400)

One of the most complex topics in jurisprudence and criminal law is the discussion of the general knowledge of the existence of a crime agent between two or more individuals. It is argued when individuals act independently but simultaneously, similar acts are committed, and the action of one of them, which is not clearly identifiable, commits a crime to a third party. Or they have committed some crimes and others have not acted but the cause of the crime is not definitively established. The Imamiyya jurisprudents suppose that the issue of retribution is ruled out, even where it is a deliberate crime, but the question here is who is responsible for paying the blood money? The present article examines the jurisprudence of the person responsible for the payment of blood money in the crime of killing a person, with a particular view of the issue of equity and the rule of fairness and equity.

According to Article 691 of the civil law, "dayn guarantees that have not yet been established are invalid." The jurists, following the jurists, tried to interpret them. Due to the establishment of dayn. they carefully tried to follow the word "cause" in addition to some jurists, in addition to its true meaning, that is, appropriate, so that the conventional tradition would be in accordance with the legal regulations. Although the existing custom and custom can be somewhat decisive, since this dispute is not resolved in jurisprudence and law, and the fegh is silent, according to Article 167 of the Constitution, the ruling must be determined on the basis of fegh standards. The results of the research, according to the rules and principles of legal jurisprudence, as well as the combination between the concept of M691 and M697, indicate that the guarantee of the future dayn of the researcher is considered correct and there is a balance between the guarantee of the future dayn and the actual existence.And insisting on the invalidation of the guarantee of the possible future dayn of the product, given that it has become a social necessity, causes the system to be disrupted.

Deviation from the termination of the contract means that one of the contractors or both, after having terminated the contract in its entirety, renew the contract by ignoring the termination and referring to the contract. And this is possible if the will to terminate has been announced to the contracting party.The present study, with an analytical-descriptive method and citing library sources, intends to analyze the concept of deviation from the termination of the contract and examine its validity from a jurisprudential and legal point of view.It seems that deviating from the termination of the contract is not compatible with jurisprudential and legal principles; And based on various reasons, the promise of not being allowed to deviate from the termination of the contract is justified.However, there is no legal or legal prohibition on the permission to deviate from termination: deviation from termination if there is no objection and the condition of deviation from termination during the contract.

According to Article 691 of the civil law, "dayn guarantees that have not yet been established are invalid." The jurists, following the jurists, tried to interpret them. Due to the establishment of dayn.they carefully tried to follow the word "cause" in addition to some jurists, in addition to its true meaning, that is, appropriate, so that the conventional tradition would be in accordance with the legal regulations. Although the existing custom and custom can be somewhat decisive, since this dispute is not resolved in jurisprudence and law, and the fegh is silent, according to Article 167 of the Constitution, the ruling must be determined on the basis of fegh standards. The results of the research, according to the rules and principles of legal jurisprudence, as well as the combination between the concept of M691 and M697, indicate that the guarantee of the future dayn of the researcher is considered correct and there is a balance between the guarantee of the future dayn and the actual existence.And insisting on the invalidation of the guarantee of the possible future dayn of the product, given that it has become a social necessity, causes the system to be disrupted.

Privatization usually refers to economic programs to reduce government ownership of enterprises. Four decades after the start of this project in the world, the logic of privatization has not stopped only in reducing government holdings of enterprises and has also crossed the boundaries of government competencies in holding and distributing public goods and services.In Iran, in the late 1960s, privatization entered the country's economic development programs, and with the interpretation of Article 44 of the Constitution in the mid-1980s, this program gained significant momentum. Regardless of the difference in the waves of privatization, the statistics show a large deviation in the record of privatization in Iran. The small share of the private sector on the one hand and the high share of government institutions in the allocation of divestitures on the other hand indicate this deviation. Against the question of what is the reason for this deviation, there are two claims. One claim considers the deviation in the implementation phase, and another claims that this deviation stems from the government's legal support at the legislative level, including the interpretation of the constitution and the enactment of some ordinary government laws and regulations. The legal analysis of each of these two claims makes it clear that the small share of the private sector in the experience of privatization in Iran has been the product of large-scale legal protection in favor of the main beneficiaries of privatization, rather than a deviation in implementation.

The condensed wergild for murder in the sacred months was unanimously in the opinion of Islamic Jurisprudents, but the scope of it to all kinds of murder and the crimes infrared murder is differences in opinions that in this regard, generalized theory of condensed wergild for all kind of killing is accepted in the IPC. The main question about this legislative measure, it is “from the perspective of jurisprudence, whether condensed wergild sentence contains all sorts of murder is forbidden months or is limited to intentional murder". This research is done to arriving objective juridical and legal documentation for legislative in reforming Acts and with the assumption that the "condensed wergild in jurisprudence is dedicated only to intentional murder". Evaluate the pros and cons reasons of generalized judgment of condensed wergild on all kinds of killing showed the view of devoting the concentration of wergild to premeditated murders documented for jurisprudential and legal reasons is noteworthy and, on the other hand, is more effective than the generalized theory in today's societies, which are more alien to the forbidden months. Accordingly, the approach of the Islamic Penal Code of Iran in accepting the theory of generalization seems to be criticized, from a supra-legal point of view.

Criteria for multiple offenses as one of the causes of individualization of punishment, From the beginning of the Iranian legislative movement until today, it has undergone several changes in the scope of cases and the manner of determining and enforcing punishment. The latest change in this area, it refers to the law on reducing the punishment of taimprison which has tried in the light of some innovations and return to some of the criteria contained in previous regulations, including the General Penal Code adopted in 1352, eliminate the shortcomings associated with ta'zir crimes. According to the research findings, the method of which is descriptive-analytical and the data collection tool is library, approach adopted, from such dimensions as abandoning the strict policy of aggregation of punishments for seventh and eighth degree crimes Considered the most severe punishment stated in the lawsuit if suspended, parole and pardon, it is justified. And from other dimensions, such as not copying specific legal cases who, without any special wisdom, have chosen a method other than the general rules for determining the punishment of various crimes, and silence on how to determine punishment when both the crime and the recurrence of the crime occur is unjustified.

In the process of Iran's accession to the United Nations Convention against Transnational Organized Crime, known as the Palermo Convention (hereinafter the Palermo Convention) and the International Convention for the Suppression of the Financing of Terrorism (hereinafter the CFT Convention), the Guardian Council has, among the others, two objections regarding the non-accession to the two instruments. First, concerns about potential impediments on the circumvention the United States sanctions and second, obstructing assistance to resistance groups. Given the common provisions of both Conventions on the fulfilment of obligations under the domestic standards of the Member State, there seems to be no reason to worry about them. In this article, while examining the reservation of other States to these instruments, it will be analysed in light of international law rules the Guardian Council's objections to the proposed reservation to the Conventions. The conclusion is that the concerns raised about accession to the conventions can be eliminated in the light of the principles and rules of international law based on the objections raised.

Specific physical and emotional characteristics and the different origins of crime in women require considerations for them in punishment, which must be specified in admiration, but the lack of gender segregation in the abusive use of crimes against taqsiry indicates that the necessity of this issue for lawmakers is not clear. So the question is how can we explain the necessity of gender rebellion in ta'zir crimes?The method used in this research is a library that was compiled by studying jurisprudential texts and legal texts. In jurisprudential sources, referring to the dignity of women in Islam, the need to pay attention to the preservation of the value of women in all aspects, including obedience, is expressed. On the other hand, in the Islamic Penal Code, several discounts have been made on the amount and type of punishment for offender women. In addition, criminal offenses also have the legal capacity of a gender approach, so that the legislator takes gender stricture according to the physical, psychological and social characteristics of women and the grounds for committing them.An overview of the principles of punishment also clarifies that, in all the principles, consideration of gender considerations is inappropriate, and it is also inconsistent to have a gender-based approach to punitive purposes. Because women will have the same criminal purpose than men with fewer penalties or even different types of punishment. Because women will have the same criminal purpose than men with fewer penalties or even different types of punishment.

Morals are the fundamental values on which majority of a community are agreed based on norms and beliefs. Morals are principles such as: good faith, honesty, commitment to cooperation, lack of deception, fairness, justice, loyalty and non-discrimination. Ethics is inner which leads to utility, reduction of transaction cost, wealth maximization, efficiency and welfare by building trust, averting opportunism and, optimized commitment to obligation. It would be too expensive to apply for a contractual guarantee; to adopt a mutual strategy, which is sometimes against the initial incentives of conclusion, and an effort to gather more information in order to prevent the other party's opportunism. It seems that including explicit non-law clauses, such as duty of respecting morals in order to prevent opportunism, is not only regarded as a means of internalizing the costs and but also as a sequel of such measures, it comes with fall in transaction costs and rise in contract efficiency. Adhering to morals in contracts and adhering to them can lead to contract performance by reducing contract termination, breach of commitment, renegotiation, contract adjustment, moral hazard and adverse selection. Without consideration of the utility of exchange, as a cross between justice and efficiency, the commutative justice will be violated, because the inefficient contract, won't be fair either.