نشریه دین و قانون
سال نهم شماره 32 (تابستان 1400)

Articles 1121 to 1126 of the Civil Code discuss the defects by which the permission to dissolve the marriage contract is issued and state the related rules. In these articles, instead of providing criteria for termination of marriage, the cases of physical disorders and sexually transmitted diseases that have existed at the time of legislation and their occurrence has been the major reason to prescribe the dissolution of marriage for the other party to the contract have been enlisted. The emergence of some new diseases after the legislative age, being associated with more severity, dangers and painful consequences for the patient and more disgusting for the patient's spouse, raised the question that when the legislator has allowed the dissolution of marriage contract in the primary diseases of the legislative age, why should not it allow the termination of marriage in case of the newly-emerged diseases which on the one hand are riskier and incurable for the patient and on the other hand more disgusting for the patient's spouse than the diseases and defects of the age of legislation? In order to answer this question, a proposal to amend articles of the Civil Code was submitted to the Islamic Consultative Assembly in Tir 1398 S.H. (July 2009 AD), and despite the initial actions followed by the proposal in the Judiciary and Legal, Health, and Cultural Commissions, it was not seriously pursued to be approved by its drafters. The present study seeks to expurgate the above criteria from the validity evidence and adapt them to the criteria proposed in the 1398 legal draft.

Mo’ser is a person whose assets are not sufficient for his debts, so that for the time being he does not have solvency in paying the debts in their due time. In Imamiyyah fiqh and the subject law of Iran, two main approaches have been taken in relation to the punishment of such people, one of which is incarceration of the insolvent and the other is ’Inzar [1] of the insolvent. Now, a question is raised that whether the fiqhi and legal regulations with regard to mo’ser are compatible with the Quranic principles of I’sar[2] in the verse 280 of Surah Al-Baqarah, which introduces the solution of Anzar? Is incarceration of mo’ser inconsistent with the requirements of the verse? In general, among the opinions of jurists and commentators, this issue is emphasized. The emptiness of the bankruptcy law has been explained and analyzed based on the 2015 Financial Punishments Law.

The implementation of hudud[1] and divine Laws in different eras has been a controversial issue in Islamic jurisprudence (fiqh). The point of contention among the earlier jurists (foqaha) has been mostly about the issue of allocating or not allocating hudud and divine laws to the infallible custodian or the one holding the condition of infallibility or its unconditionality for implementation. In the contemporary era, with the introduction of two separate categories, namely ‘hermeneutics’ and ‘human rights’, this debate has also been affected. On the one hand, the focus of the debate has shifted from being allocated to an infallible custodian to "being allocated to the era of be’that[2]," and on the other hand, due to the need to raise humanitarian rights issues, the concern of preventing the display of a bad picture of Islam has become another field for proposing the non-implementation of hudud and divine laws. This article, through an analytical and critical approach, with the purpose of proving the timelessness of divine limits and rules intends to rely on some teachings and reasons related to the Holy Qur'an and provide reasons beyond the scope and generality of the verses that majority of foqaha have addressed. The findings of this study show that the arguments of the opponents of the timelessness of hudud are insignificant if measured by the Holy Quran as criterion or the main source of measurement.

One of the problems of urban life in the recent decades is the increase in construction in the form of reconstruction and renovation of worn-out buildings. One of the things that needs to be done in the renovation of the building is excavation and stabilization of the pit wall. There are several ways to do this, and the nailing method is one of the newest ones, which is both economical and more convenient, but despite these advantages, utilizing this method leads to trespassing the neighboring territory, and at the same time, the water, electricity and gas facilities of the adjacent or neighboring building may be damaged. As a result, this article seeks to explain the owner's civil liability for damages caused by the nailing regarding the owners of the adjacent buildings, passers-by and workers

The cultural industry is essentially the product of modernity and the achievement of a process that Walter Benjamin calls "mechanical reproduction". Cultural industries have a lot to do with mass culture or mass consumption of culture and in addition to transmitting culture, they have significant potential in generating income and creating jobs. However, the lack of expert and scientific view of this field in the country has caused the active organizations in this field generally not to have significant returns, and non-governmental cultural institutions and companies, whose number reaches more than 3000 units, face various obstacles in their activities in the field of cultural economy with various obstacles. Accordingly, the present study has collected and enumerated all the laws and regulations of the cultural industries in post-revolutionary Iran - 866 laws and regulations - and then has examined them in order to analyze the problems in this field in the scope of legislation. On the type of goal, the study is fundamental and in terms of method, it is qualitative. The data of this research have been obtained from the "Comprehensive Search System for Government Laws and Regulations Portal of Iran” (dotic) in 8 fields of "approval periods", "approval authorities", "approval executors", "legislator's considered stage", "industry type", "area of the coverage", "obligation or authority of the executor" and "having a direct financial burden" have been analyzed.

One of the issues that has plagued societies today is addiction. This calamity exists in most countries, but the severity and spread of drug addiction in Iran dates back to the 1960s. Since some specific policies are adopted in all countries to prevent this, a specific legislative policy was adopted in Iran to combat trafficking, but it did not have any positive effect on reducing addiction. The ineffectiveness of this policy as well as the prevalence of addiction and its harms in 2010 pushed the government to adopt a legislative policy to prevent addiction. This policy has not enjoyed a harmony over time. In 2010, the legislature adopted an ‘irfaqi[1] criminal policy on addiction. According to the psychologists, addiction is not a crime but a disease. Given this point, as well as the resistance of the judiciary to the punishment of addicts, while the public view of addicts has changed, there still exist some criticisms of legislative policy. Iran's legislative policy regarding addiction has been very strict in a period of time, while in some other periods it has treated the issue with indifference and insignificance, and now in the present time what has been progressed is treatment strategy.