نشریه دین و قانون
سال نهم شماره 34 (زمستان 1400)

Gamophobia[1] as a social harm enjoys various economic, cultural, and social causes. Some legal structures of the family in the Islamic Republic of Iran have caused men and women to be afraid of marriage and to continue a single life. Husband's financial obligations to the wife and wife's social constraints within the family law as the factors of delaying marriage have made marriage risky for them and have pushed men and women to tend to alternative marriage patterns. This situation is mainly originated from the reckless legal interventions of the legislator as well as the social developments of our time. The law as science has significant potentiality in preventing gamophobia. Taking advantage of a library research method, the present study, while describing the legal structures of gamophobia in the current legal system, examines and evaluates the legislative and contractual capacities of law in controling the fear of marriage and elaborates the existing challenges.

From the viewpoint of public law, all forces and institutions that hold some portion in political power must be accountable to the people and their representatives to the extent that they have that political power. Accordingly, none of the elected and appointed powers and institutions can refuse to shoulder the responsibility. On the one hand, in the republican system’s structure, the judiciary is governed within the framework of a representative system, and the accountability of institutions and agents is considered as an inseparable part of the representative system. On the other hand, one of the important functions of public law is to bring all channels of power under the control of the people; in a way that without the presence of public law, the sovereignty of the people over their own destiny will not be realized. Obviously, the ‘republic’ concept finds its meaning at ‘accountability of forces to the people’, and non-accountability does not correspond to the goals of the republic and those of the public law. We can talk about the nature of representation in the judiciary and the structure of the Islamic Republic of Iran, when the effects and consequences of a representation system can also be identified in such a way that a genuine and representative relationship is established between people and all owners of power, including the judiciary. The question of this study is that how it is possible for the judiciary to be accountable to the people and the Islamic Consultative Assembly from the perspective of public law.

Cyber theft is one of the criminal offenses in Iranian criminal law. Due to the spread of theft of the natural and legal persons’ property in cyberspace, in the Computer Crimes Law approved in 2009, computer theft has been criminalized and punished, but its nature and its jurisprudential and legal rulings have not been properly explained. Besides, the difference or distinction between computer theft and similar crimes against property in cyberspace is not clear and thus there exist many questions in this area. The punishment of cyber theft is one of the issues that is discussed from the perspective of fiqh and law. Regarding the punishment of cyber theft, there is a difference of opinion in both fiqh and law. The present study suggests that if cyber theft meets all the conditions for theft which deserves had[1], both from a fiqhi and legal point of view, it deserves the equal ‘had’ for the theft, and if it does not meet all legal conditions of the theft deserving ‘had’, it is subject to Article 12 of the Law on Computer Crimes (Article 740 of the Islamic Penal Code).

 

[1]. fixed/definite punishment; punishment exactly defined by sharia which may neither be reduced nor augmented.

Determining the optimal bank interest rate in the country's economy is an important issue upon which the country's thinkers have not yet reached a general consensus due to the multiplicity of economic, political, monetary and financial variables. Thinkers and researchers of Islamic economics, considering the differences in legal and economic aspects as well as the observance of religious aspects of the method of determining the optimal interest rate from the perspective of Islamic economics with conventional economics, have announced diverse theories. These patterns and theories, while revealing the significance and sensitivity of determining interest rates in the Usury-free banking system, also indicate that a coherent framework and a comprehensive theory for determining interest rates in the Islamic society of Iran has not been established. Moreover, no specific operational pattern is observed for determining interest rates in the theories. The present study attempts to clarify the fiqhi, legal, and economic criteria and indices of determining the optimal interest rate, and then taking advantage of such criteria, it investigates and assesses the opinions and finally introduces an alternative solution. The results indicate that, firstly, the strategies and theories expressed are generally not comprehensive, nor are they complete, and they do not have maximum compatibility with Islamic criteria. Secondly, the regular interest rate, inspired by the Taylor rule, can be a very suitable method for determining the interest rate in the Iranian economy, in which all the jurisprudential, legal and religious criteria have been observed and enjoys more comprehensiveness than the other methods

Foqaha have consensus of opinion on the proof of full diya[1] for the fetus when the soul enters body of the fetus; however, on the amount of diya for the stages before the onset of the soul and the number of these stages they are of different opinions. According to the Qur'an and narrations, foqaha set five stages before attaching soul to the fetus, which are notfeh[2], alaqah[3], mozghah[4], Izam[5], lahm[6] and one stage at the time of attaching soul (breathing spirit) to the body, i.e., khalqan akhar[7]. Accordingly, on the basis of various narrations, they have set a specific diya for each stage. Notably, for different stages of fetal development, in many narrations, a time criterion has been presented but many foqaha, due to the conflict between these narrations, have renounced to issue fatwa based on them and have not set a time criterion in their fatwas. Taking advantage of Ibn Idris' point of view, the present study has made an attempt to gather among all the related narrations as much as possible, and thus to determine a clear time criterion for the developmental stages of the fetus and the diya of each stage. According to what has been demonstrated in this article, for every day of fetal development, one thousandth of a full diya (one dinar) is fixed until the stage the spirit/soul is breathed into the fetus, which is on the 120th day. Right after this stage, the full diya is fixed. So, the diya of the fetus starts from 1 dinar and reaches 119 dinars by the time the soul is mature at four months. After that; that is, at the time of completion of the body and soul, it will be 1000 dinars.

Report on corruption is a legal mechanism to encourage private and public sector actors to report corruption about which they are informed. In recent years, this mechanism has taken measures to encourage and protect reporters who uncover corruption in various countries under some specific laws such as the “Law of Protection of Corruption Reporters’’. The present article, while addressing the existing laws, related concepts and its effectiveness components, deals with its obstacles in Iran. In this regard, the study explains three main legal, political and cultural barriers.

In the early twentieth century, as a result of the global economic crisis caused by the inability of the market mechanism, which led to the growth of monopoly, the role of the government in economic relations in the form of regulatory rules gained attention. Competition law emerged in the economic sphere of most countries with the content of regulatory rules. Factors in the formation of competition law can be divided into two categories: economic and political, and on this basis, the goals of competition law are also divided into two categories: economic and non-economic goals. In the next stage, based on the inherent goals of competition law, monopolies are divided into two categories: positive monopolies and negative monopolies. Competition law, based on its inherent goals, on the one hand prevents the growth and formation of negative monopolies and on the other hand protects and promotes the growth of positive monopolies. Talking advantage of descriptive-analytical method, the findings of the present study indicate that the law on the implementation of general policies of Article 44 of the Constitution, relying on development programs as the most important economic document in the field of competition law, generally adheres to this process of competition law.