فصلنامه پژوهش های فقه و حقوق اسلامی
سال هجدهم شماره 3 (پیاپی 68، تابستان 1401)

Upbringing is the base line in each society and life period of each society depends completely on this important issue. Based on this holey saying, “God has equipped human to the power of thinking which can be the best guide in their way of living”, the discussion of sexual training and its jurisprudential and the pros and cons of that,  is one of the most important issues that since the beginning of Islam religion. Considering the importance of this fact, the scrutiny of this title has a special place. It is worth noticing that based on the distribution of sexual deviance in today's world, the recognition of practical practices of sexual training along with Islamic jurisprudence and its related issues has to be considered. Thus, each topic expressed through telegraphic rulings which are not, of course, ceremonial matters, but its principles expressed through forms of Obligation and Respect. Hence, in this article, sex trainig is addressed because of the sensitivity of this type of education and its close relationship with the commission of sin and its declaration through the right direction and with use of Quranic documents. In this way, it deals with religious law and its peruse in the form of rational documentation has been matched with 2030 document.

Digital and software systems are undoubtedly the vital force governing the information society. As it plays a huge role in the economy and employment of the society in the present era, with the expansion of its application in various aspects of life, the category of defects and disadvantages has also arisen in this field. And the software in Islamic jurisprudence, the subject laws of Iran and Europe" and the result is that: the obligation of safety can be obtained from the works of Islamic jurists, because their emphasis is on production without harm and such discussions can be discovered under jurisprudential rules. The presence of safe goods in the market of any countries is necessary for the health and general well-being of the citizens living in that country, therefore the right to safety and having safe digital and software systems is granted among the human rights and also the basic rights of every consumer. Considering the extreme importance of the right to safety, special attention has been paid to this right in the consumer protection laws of Iran and Europe, and various arrangements have been made to guarantee its observance by suppliers - both manufacturers and distributors. At the international level, especially in the European Union, a lot of effort has been made to realize this purpose. However, the situation in our country is somehow different and the existing regulations are not in any ways adequate to the purpose.

The Islamic penalty code of 2012 considered the realization of the title of a Rebel subject to armed uprising and the use of guns. This article tries to cite the definitions and other statements of the jurists on this subject (despite the lack of an independent plan related to the aforementioned conditionality in the works of the jurists and as a result the difficulty of discovering their views), by referring to the Sharia evidence, including the verses of the Holy Quran and The narrations of Ahl al-Bayt (pbuh) should prove the theory of non-stipulation and thus, prove the distortion of the legislator's point of view in this field. The inaccuracy of making the crime dependent on the use of weapons becomes clearer when we consider the advancement of technology and today's facilities, and that it is possible to achieve the same results as weapon as the use of new tools and even with simple actions such as spreading lies in the cyber space. The present research was done using descriptive analytical method and library data.

Agent is a method of financing in which an issuer transfers its receivables to a specific institution so that the latter institution manages, collects, or discounts the receivables. This contract has various types and since the agency contract (factoring) is one of the emerging contracts in Iran and recently some institutions conclude contracts with their customers through this process and since enough researches have not been done in this regard, it is necessary to analyze the types of this contract in the light of the use of jurisprudential and legal rules and principles and to apply it with similar institutions in Imami jurisprudence and the subject law, as well as the legitimacy and illegitimacy of the agency under consideration. This study has entered into the discussion to understand the position of the subject of agency, based on the existing jurisprudential and legal rules with the approach of referring to the opinions of jurists and great authorities. The conclusion is that this contract is not generally contrary to the rules of Imami jurisprudence and the subject law of Iran, and if it encounters a problem somewhere, it is possible to provide a solution to solve that problem so that institutions and banks can use this contract between themselves and their customers. However, it is necessary to study and compare the laws of countries with the law of the agency and consider the jurisprudential and legal principles. The contract should be established and implemented in the country so that those laws can be used whenever necessary.

Money laundering means legalizing the origin of dirty money, among new crimes that the legislator has more sensitively approved due to its specific characteristics and apparent conflict with some jurisprudential foundations and documents. Also, its jurisprudential documentation is not well clarified and at the first glance, it seems to be in conflict with some jurisprudential principles and rules among which is the burden of proof process. In criminal lawsuits, the prosecuting attorney basically proves the cause, and based on this, one is obliged to prove the elements of the alleged crime. But this issue is reversed in the crime of money laundering and the burden of proving the legality of the obtained money is placed on the accused. Therefore, apparently, the process of prosecution, trial, and proof of a crime is in conflict with such fundamental rules as the rule of "Al-Bina Ala Al-Mada'i", the rule of "Yad", the principle of "quietus" and the principle of "authenticity". In this regard, the text of the amendment of the Anti-Money Laundering Law approved in 2017 states that the legislator has paid attention to this point, and in notes 1 and 3 of article 2 of this law, he considers the meaning of knowledge to be the same as the knowledge of a judge as stated in the Islamic Penal Code. Therefore, if the meaning of suspicion is close to judge knowledge in this law, relying on the evidence of the authority of the judge's knowledge, the crime can be easily proven, and the issue of reversal of the burden of proof is eliminated. And, if a problem is stated that the strength of the evidence of suspicion is close to the knowledge, it does not reach the level of knowledge of a judge. Here, with the objectivity of suspicion and the incompleteness of its evidence, the mentioned conflict will be created, which must be resolved. The leading research with jurisprudential and principled approach and with descriptive-analytical method has expressed and resolved the mentioned conflicts and finally, the non-conflict of these rules has been concluded.

The role of "urban landscape" and its beautification is one of the important factors in creating a positive mental image and promoting the aesthetic experience of citizens.Combining landscape design techniques with "environmental" and ecological values is one of the newest plans and strategies to achieve sustainable development in the present age.In order to identify the level of concern and attention of Islamic teachings in dealing with the mentioned concepts, the present study has explained the rules of urban jurisprudence by modeling the components and approaches proposed in "urban aesthetics" and urban landscape and evaluates its efficiency. The method of the present research is descriptive-analytical and has been adjusted by referring to library sources and due to the interdisciplinary nature of the subject, it has applied and combined theories in the two fields of aesthetics and urban jurisprudence. It should be noted that the purpose of urban jurisprudence is a series of religious teachings and rules of jurisprudence related to the customs and requirements of urbanization, which can be identified, extracted and applied to the subject according to the present research from the written jurisprudential heritage. The results of the research show that by using the existing rules in the written jurisprudential heritage such as the rule of Saltanah, Aitlaf, Tasbib and La darar, and in combining them with aesthetic methods and approaches, efficiency and the greater effectiveness of these standards in managing the place and urban landscape becomes more achievable. Also, the research findings indicate that the concern of paying attention to the environment and human encounter with urban space are among the issues that have been considered by jurists. In this regard, the issue of maintaining the privacy and moral and psychological security of citizens is one of the advantages of urban jurisprudence that should be considered and based on action in urban management.

The ruling of the conditions is among the various jurisprudential rules which has the base part of some rules and provisions of family law governing the whole country. Based on this rule, the couples must be commited to conditions written in marriage law texts. The jurists have controversial idea about the validity of initial constructive additive rules. This article hs about the validity of initial, constructive additive rules. The validity of additive (Eg-haghi) rules has the seal of the Qur'anic source. In this article, while criticizing the arguments against the Sharia, the principles of jurisprudence, the legitimacy of the conditions of origin, the basis and attachment of the marriage contract, opinions, is being evaluated legally and jurisprudentially.

Surveillance in the crime of murder, which facilitates the realization of the crime, is one of the examples of the vice and is punishable from the legal point of view due to the theory of the metaphor of the guilt of the vice from the main crime. And from the point of view of jurisprudence, based on the existing traditions, the punishment of blinding the eye is foreseen for the watcher. But in the case of a supervisor who does not guard, the famous jurists do not consider any responsibility towards the supervisor. While assuming the existence of a legal duty and leaving the legal duty on the part of the supervisor, the order of criminal liability is undeniable. On the other hand, if there is no legal responsibility, by measuring the state of the observer in relation to the victim, it is possible to prove the order of criminal responsibility through being a deputy and causation. And by referring to the rule of "sanctity of helping the wrongdoer" and based on the rule of "tazir for the sake of forbidden things", the possibility of punishing non-custodian supervisors is proven. In this research, an attempt has been made to prove the criminal responsibility of the non-observer in the crime by examining different theories, so that the realization of crimes and social harms can be prevented by taking appropriate action from those present at the crime scene.

On August 28th, 1997, a single article consisting of two notes was added to Article 1082 of the Civil Code. According to Note 1 of this single article, "If the dowry is the currency, it will be calculated and paid according to the change in the annual price index of the payment time compared to the year of the contract, which is determined by the Central Bank of the Islamic Republic of Iran." Although the enactment of this single article shows that its provisions are legal, its legitimacy is a matter of controversy among jurists due to the lack of text and suspicion of usury. Some rules have been cited as the basis for the jurisprudential principles of this Article, including the rules of “Zamane yad”, “La Zarar”, and the necessity of observing justice and generalities such as fulfilling [all] contracts (“awfuu bialeuqud”). In this research, while analyzing and criticizing these documents, its legitimacy is proved using a descriptive-analytical method based on the rule of “al-Kharaj be al-Zaman”, which is a narration narrated from the Holy Prophet (PBUH). The rule states that the benefits are the function of property of the sold, and the guarantor of the sold will be profited from the benefits. This rule is applicable to all debt contracts, including marriage. Obviously, reliance on jurisprudential sources is the basic principle in every rule and law.</strong>

Substituted Service is one of the greatest challenges of legal systems and the date of notice is the beginning of legal deadlines for the audience to exercise his right from then on, in accordance with statutory time limits. Serve judicial documents can be considered as one of The Act Creator Right as it creates a right to object to judgment and votes and to protest against mentioned claimes that can lead to the Rightfulness or violation of the right of the person. Putting up the rules of Electronic Substituted Service in the criminal procedure non inhibition using them in civil procedure but there is new interpretation of rules in the legal system of Iran. Electronic Substituted Service is a new method which is against the old legal systems in terms of method of notifications. In old method, notifications to relatives and other people in legal cases, date and background of notification in terms of inserting in the system, observing the addresssee and the existence of two dates of notification and binding to use and the performance of the responsible institutions and not paying attention to some laws, has a great impact on the quality and nature of electronic communications. The analysis of present rules and identification of problems by considering French Rules through library research and providing proper solutions such as non-mandatory use of the system, corresponding to constructive service, not imparting notice on holidays and non-office hours with a look at Jurisprudence and French  rules are the purposes of this article.