فصلنامه حقوق اسلامی
سال نوزدهم شماره 1 (پیاپی 72، بهار 1401)

one of this rules is rule cessation civil claim , cause design claim criminal that unfortunately is not article in our civil system and is in the present time , under discussion , existed rule , in the capacity of one civil rule in doctrine and judicial process of Iran serious divergence of views . we will retouching In this paper, by surveying the bases , the conditions and effects of that , intention to prove something existed in civil Iran . also exceptional that , trading documents(check ,promissory note ,bill of exchange) و and third party holder an official document a title immovable property , intention to prove something existed in civil Iran . also exceptional that , trading documents(check ,promissory note also exceptional that , trading documents(check ,promissory note ,bill of exchange) و

The penal system is designed to deal with crime and deal with criminals. In any legal system, it is designed based on the type of approach to the world and existence, and specifically human beings; For example, the belief or disbelief in human freedom and agency forms the basis of many schools; The penal system of Islam is also designed as one of the components or pillars of Sharia and the religion of Islam based on the type of view of man by the Creator of the universe. On the other hand, in other schools, by believing in a kind of anthropology, the penal system, and in particular, appropriate reactions and responses to crime and criminals, is designed and implemented; In this article, the principles of criminal anthropology and in the general sense of criminal law in the monotheistic worldview of Islam and in contrast to some legal schools have been discussed with a descriptive-analytical method. Man seems to be a perpetual and eternal being who, by his own voluntary effort, determines happiness or misery; Of course, happiness and cruelty that the world and the limited material world do not have the capacity to achieve. In religious teachings, the world is introduced as the farm of the Hereafter.

A Survey on the Right of Lien : Conditions and its effects in View of Iran and England Law . This essay will concrete on comparing Iran Legal rules in regard of right of lien with England ones . In this field , it can be said that territory of this right in Iran legal system is wid er than England one . This right is available In England law for both main and subsidia ry obligations while that right is available only for main ones . Beside in English law there is a possi bility for resale as one of effects of right of lien performance while in Iran law buyer or purchaser except for contract recessi on and return of property , can not do that . Where an obligation is divisible Iran and England method in the field of performance of right of lien is alike .

One of the requirements of marriage is the right of children for couples. This right is especially important in view of the population of the country and can be considered in the field of government security. Infertile couples are naturally deprived of this right, but medical science is chosen with its new advances by artificial insemination to significantly contribute to the production and fulfillment of this right and bring it to the field of jurisprudence. This study, considering the need to make every effort to realize the right to procreation as much as possible, according to the jurisprudential rules of artificial insemination by "IUI" method or intrauterine and "IVF" or in vitro fertilization, as well as in the process of "E. Or donating an egg that uses foreign sperm; Or to use a pair of sperm and the same sperm is enriched or changed in the laboratory. First, the methods of artificial insemination are briefly mentioned, then, in detail, the jurisprudential views on the obligatory rules and status of the methods of "IUI", "IVF" and "ED" or the use of foreign sperm and eggs in artificial insemination are expressed in a descriptive-analytical manner. The right to have children should be clarified in the light of these rulings.

The use of the words "Expression", "Display" and "Creation" under the definition of "Work" in Article 1 of the Law on Protection of the Rights of Authors, Writers and Artists (1348) indicates a lack of protection for the ideas of works. As a result, the first condition of protection is that the idea must be externalized. The legal term representing this distinction between idea and expression of works is Idea-Expression Dichotomy. The Idea-Expression Dichotomy is the first and the most fundamental axiom of literary and artistic property law, which has been accepted as a fixed principle in all systems of protection of literary and artistic works. According to this principle the mere idea is not a subject of monopoly, and that protection is given only to the original and creative expression of that idea. Ideas are the building blocks of creativity and free public access to them should not be restricted by monopolizing them. However, separating idea from expression in practice has always been one of the biggest challenges for judges and experts in recognizing what is protected. The present article seeks to provide diagnostic guidelines for the courts and facilitate the judicial process of literary and artistic works infringement cases by using a descriptive-analytical method in examining judicial decisions and a comparative study of doctrines governing the recognition of ideas and expressions.

The city as a social and living phenomenon has received special attention in the religion of Islam. A religion that was born in the city and had a special look at it. Therefore, Islamic scholars and urban scientists throughout history have sought to create Islamic and ideal cities, and in this way have had a deep look at the principles of jurisprudence and Islamic religion in creating and recognizing the city. The city of manifestation of Islam is a suitable city for the believer. The Islamic city is constantly looking for appropriate ways and means of time and place to manifest the respected values of the Muslim community. The purpose of this study is to recognize the place of Islamic laws and ethics in the planning and design of Islamic urban spaces, which is done by research method analysis of the content of texts and logical reasoning and my methods of reading libraries and documents. In this regard, the most important research question is what are the Fiqh” s laws for urban spaces? Fiqh” s laws are among the important factors in the management of cities. These laws define the generalities of each subject, how it works, and the important principles that must be considered in the design and planning of cities.

Article 53 General Conditions of Contract, has not been able to resolve the disputes effectively in the last two decades. Due to the nature of construction projects, the factor of time and procedural rules for resolving disputes is of special importance that the mechanism of the general conditions of contract is unaware. This has extended the time of projects and imposed additional costs on the parties.In order to find the causes of inefficiency and inadequate performance of the role of dispute resolution authorities in General Conditions of Contract, one should seek to answer the question of what is the objectives of legislation in this area and what legal gaps remain? Also, to what extent has the FIDIC model been successful in resolving disputes over construction projects, and how has the relevant legal system prevented claims from turning into disputes?Examining the rules of FIDIC 2017, as a successful international example and benchmarking them for the predicted authorities in General Conditions of Contract, we find that although attempts have been made to entrust dispute resolution to non-judicial authorities, but due to legal excuses, inappropriate implementation of the dispute review framework and non-compliance with the planned schedule has practically doubled the problems of the projects.To fix this would require amending Article 53 to make it mandatory to refer to non-judicial authorities, include in-project dispute resolution boards, change the High Technical Council as an arbitral tribunal to another efficient arbitral tribunal, and prescribe the timing of the dispute resolution process.

One of the most controversial issues about which there are different ideas is the issue of cheating the law and its effects in both domestic law and private International law. In Iranian law, there is no a legal article that explicitly states the verdict of cheating, so the judge in the face of cheating, based on Principle One Hundred and Sixty Seven of the Constitution, must refer to valid Islamic sources or jurisprudential Fatwas (Sharia and Islamic jurisprudence) and rule. One issue that can be documented to some extent is the jurisprudence rule of "La Zarar". In this article, after mentioning cheating in customary law and explaining the rule of "La Zarar" in Islamic jurisprudence, the authors compares these two concepts, thematically and jurisprudentially, and in an attempt to infer the verdict of cheating from the rule of "La Zarar", conclude that according to this jurisprudence rule, it is impossible to consider one verdict for cheating, but depending on the different types of cheating, various verdicts will be ruled on cheating.

Cheque is one of non-cash payment instruments that for various reasons it has not been able to perform its desired function. The most important of these reasons are the lack of an effective legal basis, and the lack of comprehensiveness and transparency of existing regulations. So that, frequent amendments of Iranian issuance of cheque Act, have not been able to meet this important need. Amendments to the cheque Act in 2018 are an important forwarding step in strengthening the validity of cheques and reducing the systemic and credit risks of this payment instrument, but it has not been able to resolve some of the pre-existing legal issues of the check. In addition, the anticipation of an electronic system to perform part of the cheque’s issuance and transfer process, despite its advantages, presents new legal issues and challenges. In this article, some of the issues arising from the new cheque regulation’s requirements of its issuance and transfer have been studied in a descriptive-analytical method and by comparative law studies and using the international experiences, we provide appropriate solutions. According to results of this research, requiring the issuer of cheque to register issuance of cheque in electronic system is a legal duty that its non-compliance dose not negate the rights of holder of cheque as a negotiable instrument and so on,, requiring the holder to register transfer of cheque in that system, only has the effects of transfer of cheque without effect of endorsement and dose not add the transferor to obligors of commercial paper unless he has signed the behind of cheque.