نشریه دین و قانون
سال پنجم شماره 18 (زمستان 1396)

Employment security as the most important qualitative aspect of a job is the main tool of income security. Employment security as a socioeconomic and statistical concept is a relatively new concept in political debate and in the academic field. This term has not been comprehensively and precisely conceptualized. This concept is often used as a synonym for job security. Although the concept of employment security is related to the concept of job security, it is not entirely the same. Conceptualizing employment security, the current study examines how employment security is assessed by identifying its indicators at different levels. Even though the indicators presented in this paper contribute to the evaluation of employment security, they lack coherence, integrity and universality. Therefore, in order to assess the employment security in labor market, and consequently, labor law, the existence of an organized and comprehensive approach toward employment security is essential.

The rule of warning (tahdhir) in Imamiyyah fiqh is accepted as a functional rule, and application of this rule in disclaiming responsibility of the agent and preventing the occurrence of unpleasant situations is effective. However, in making laws and regulations, the legislator has merely sufficed to using the word warning and the like, and has not practically paid any attention to the conditions of the realization of the rule of warning or the conditions of disclaiming responsibility. This inattention causes some negative consequences and difficulty in determining the responsible causes of the undesirable events, as well as in preventing possible future risks in the event. Moreover, such an inattention has created some obstacles on the way of proper analysis and reasoning.

Punishment, as a "social institution" rather than a "historical and static abstract structure", being influenced by different social conditions and environments, takes some different forms. Yet, the study and analysis of the social logic of enacting criminal laws, especially the smuggling of goods, is a problem which has little been focused on in Iranian law, and thus may lead to the abandonment of laws in the existing social structures of the society. In this regard, it seems that contemplation on the basis of criminalization due to the evolution of the economic conditions of a society (type of economic system, economic policy of the state and economic conditions), will lead to reviewing the fiqh and penal code of smuggling. The necessity of doing research on this issue is that the economic analysis of economic crimes and their penalties will have a beneficial preventing effect on the decline of a law. Such an economic analysis, however, will cause an effective legislation to prevent crime along with eliminating its effects. For this purpose, the economic crime of smuggling and its penalizing pattern in fiqh and lawmaking should be evaluated only from the perspective of the economic sociology analysis, because economic analysis in the realization of social justice, especially the distributive justice arising from the law and crime, the law efficiency and crime prevention all enjoy some objective criteria, which come to rescue faqihs and lawyers being trapped in multiple and vague legal issues. Based on a descriptive-analytic approach, and with the assumption that the social logic is effective in criminalizing, and penalizing the legal and juridical smuggling of goods, the present study analyzes economic factors and also other factors influencing on determining punishment such as the economics of punishment and the economic conditions. It can be concluded that in determination of punishment for smuggling goods, one must pay attention to the four vital principles of fiqh in criminalization and determination of punishment, namely "damages", " reliefs ", "proportion" and "economic power."

Legislative fiqh is a kind of fiqh-e mozaf [1] and is part of general fiqh that derives religious and legal rulings pertinent to law and regulation. This law is  governmental ratification of the religious law and the goals of religion and the purposes of shariah in the course of time, and the legislation is the process of this ratification. From legal point of view, lawmaking is an optional action on the part of the lawmaker, but from shariah point of view is a religious law. These religious judgments can determine the most important rules and procedures for legislating in an Islamic system of government. In this paper, the philosophy of legislative fiqh is explained first, and then the structure of its discussions is presented in four chapters. Those who have been involved with fiqh-e mozaf in the new discussions know the importance of structure in formation of fiqh-e mozaf  and its impact on the promotion of general fiqh. The purpose of presenting such a structure is to provide the enthusiasts with the required help and information, and to complete and correct the structure by the relevant professors. Additionally, along with the presented structure, the most important innovations are mentioned in each chapter.

 

With the presence of political freedom, individuals, groups, and organizations find opportunity to get free from internal restrictions and overcome external sociopolitical barriers and the ruling power.  The just law is a way for any individual to escape from the religiopolitical bondage and dependence to others or to dictatorial systems, and thus through this just law man can achieve all his fundamental sociopolitical rights of citizenship. This paper, employing descriptive-analytical method and referring to the text of the Holy Qur'an and related interpretations, explains the strategies of the law in providing political freedom. The hypothesis is based on the fact that, given the evolutionary relationship between law and freedom, in case freedom is present in the community, it paves the way for fair legislation and justice, and with the help of some law strategies including just law, equality before the law, and the liberation of man from the domination and the rule of others, man can have his rights in political freedom. Moreover, it should not be forgotten that a just law is taken as a prerequisite for freedom.

Death and escape of the person who has committed intentional crime are among the factors that make the right to qisas[1] impossible. In various cases of the impossibility of qisas, based on specific narratives or the rules and principles governing this issue, foqaha have given different fatwas regarding the indemnification for diya[2] by the perpetrator, al-’aqrab -fel-’aqrab[3] of the heirs, aqeleh[4] or bayt al-mal[5]. Likewise, the IPC in Article 435 has referred to the provisions of the issue, i.e., the impossibility of the execution of retaliation, according to the opinions of some foqaha. In this paper, after reviewing the provisions of this article, the fatwas of foqaha and their arguments, in some cases one of the arguments (reasoning-based ideas) has been given priority and in some other matters a new argument has been established. Finally, some suggestions for amending the law are presented.