نشریه دین و قانون
سال هشتم شماره 29 (پاییز 1399)

Economic and social developments, especially globalization and, consequently, the challenges facing the field of labor relations have led to the emergence of fundamental attitudes in the regulation of labor relations. New economic relations resulting from global production have shaped employment relations in such a way that previous protections appear ineffective; Therefore, a new structure is needed to flex the labor market and social networks that protect workers from the dangers of globalization and flexibility. In this regard, in the international arena, a flexibility-security approach with a focus on "labor" was proposed in order to moderate the interests of actors and agents in the field of labor. Examination of the articles of the Iranian labor law from the perspective of the above approach also shows that the labor law in Iran does not have the necessary flexibility and in other words does not have the necessary capacity for equilibrium in the labor market. Therefore, in order to be in line with new international policies, reforms in the field of labor relations in this regard should be made and the basis of laws and regulations governing labor relations should be changed in order to moderate the interests of labor actors.

A conditional sale is that the parties to the transaction stipulate that whenever the seller rejects the price or the like to the customer within a certain period, he terminates the transaction and if he does not use his right of termination, the sale will be finalized. According to the well-known opinion of Imamiyyah foqaha[1] and Article 459 of the Civil Code, as soon as a contract is concluded, the customer becomes the owner of the specified goods. Examining conditional sale in the history of Iranian law shows that conditional sale has been severely abused, and a legitimate and legal symbol has been abused, and riba[2] being ḥarām[3] in the holy sharia[4] has taken on a legal appearance; that is, in order to escape sharia law that does not allow riba, the lender pretendedly buys the borrower's property, and the contract stipulates that, if the seller pays the price within a certain period, he has the right to terminate the transaction. Additionally, since the property and consequently its benefits were transferred to the buyer, he rented the property to the seller and took the interest - that is actually riba- he desired as the rent of the property. Pursuant to the provisions of the Law on Registration of Deeds and Property, in order to prevent opportunists from abusing the conditional sale, and having taken into account the economic and social problems, the legislature has entered to define conditional sale, and thus has placed such a pretended sale (deal) out of a real sale and has attached it to mortgages and secured transactions. In this article, by examining the principles and arguments of conditional sale in fiqh, we intend to scrutinize this development.

Since from the very beginning of the formation of human societies, human beings have always witnessed various crimes in which some human beings violated each other's rights; Naturally, as these societies developed, humans began to think about preventing abnormal behaviors. One of the best preventive factors of criminal and abnormal behaviors and actions that has been the punishment of violators including the ones with a long history, and is still a part of conventional punishments is confiscation of property. For human beings acquire property with great suffering, one of the most painful punishments is the expropriation. This study, using an analytical-descriptive method, explains the nature of confiscation, which can be introduced as "permanent deprivation of property rights by the government and the transfer of property to the government without exchange." Although manifestations of such a punishment can be seen after the advent of Islam and during the time of the Rashidun Caliphs and the Umayyads and the Abbasids in the life of the caliphs and their agents, attributing this punishment to the sharia is not true and no firm evidence is seen in the sira of the Infallibles. However, this punishment is found in some Iranian legal materials before and after the Islamic Revolution, and for this reason, these legal materials can be subject to criticism.

Since from the very beginning of the formation of human societies, human beings have always witnessed various crimes in which some human beings violated each other's rights; Naturally, as these societies developed, humans began to think about preventing abnormal behaviors. One of the best preventive factors of criminal and abnormal behaviors and actions that has been the punishment of violators including the ones with a long history, and is still a part of conventional punishments is confiscation of property. For human beings acquire property with great suffering, one of the most painful punishments is the expropriation. This study, using an analytical-descriptive method, explains the nature of confiscation, which can be introduced as "permanent deprivation of property rights by the government and the transfer of property to the government without exchange." Although manifestations of such a punishment can be seen after the advent of Islam and during the time of the Rashidun Caliphs and the Umayyads and the Abbasids in the life of the caliphs and their agents, attributing this punishment to the sharia is not true and no firm evidence is seen in the sira of the Infallibles. However, this punishment is found in some Iranian legal materials before and after the Islamic Revolution, and for this reason, these legal materials can be subject to criticism.

In conjoined twins, the connection of two bodies to each other leads to the suspicion of multiplicity or unity of personality. In other words, in relation to this type of person, it is doubtful whether these two bodies belong to two independent personalities or whether they belong to a single personality in which part of the extra limbs is seen. Taking advantage of descriptive-analytical method of research, the present study seeks to examine the various criteria in determining the unity or multiplicity of conjoined twins. The most important findings show that the fiqhi rule in this issue is the :::::union::::: of sleep and wakefulness or separation of the two, which itself is rooted in more important evidence such as the multiplicity or unity of the brain or soul, and this reveals the issue of multiplicity or unity of personality in the conjoined twins. Conversely, this rule and criterion is in accordance with the medical rules of the issue, that is, the unity or multiplicity of vital organs of the body, since according to the foqaha (Islamic jurists), the sign mentioned in fiqh is only one of the criteria for this matter, and anything that can help in recognizing this matter is sufficient. Indubitably, one of the most important pieces of evidence in recognizing the mentioned issue is the multiplicity or unity of vital organs in the individual, as the vital powers and the leading organs of the body exist in each person as a unit, and thus, their multiplicity indicates the multiplicity of personalities.

The current study presents the latest legal and fiqhi findings on the punishment of Corona transmission from the perspective of criminal jurisprudence and criminal law. Corona transfer is a crime according to fiqh and the Islamic Penal Code. In case of death or injury of the recipient, retaliation of the corona carrier is canceled and diya must be paid instead; since retaliation in a deliberate crime is conditional on perpetration in the eyes of some jurists, the predominance of the act in the crime and the attribution of the crime to a criminal in the eyes of all jurists, while the fulfillment of these conditions is questionable here, so according to the rule of caution in blood [revenge], the rule of dar’[1], the principle of ‘ehtiyat[2], etc. retaliation is not applied. In the case of quasi-intentional crime and the crime of sheer error, retribution is not applied by all jurists everywhere, including here. The transfer of corona with intent, knowledge and intent to waste or harm members of society, is one of the instances of Ifsad-e fel-Arz[3] and thus punishment is imposed on the perpetrator.