نشریه حقوق و فقه تربیت و کودک
پیاپی 11 (پاییز 1401)

Civil liability means the obligation to compensate for the harm caused by one person directly or indirectly to another by his unintentional act or negligence, in other words, he is a guarantor against it. In Islamic jurisprudence and rights, the word guarantee is used instead of responsibility. The main purpose of creating liability and guarantee is to compensate the loss and establish Islamic justice. To achieve this goal in the early days of Islam, in addition to the offender, other individuals and institutions pledged to pay the blood money in some cases and resources, so that the offender who compensates for his mistake and damage is not the only one to pay the blood money. But this principle has exceptions, such as the obligation to pay the blood money by the wise ones, the guarantors of the debtor, or the money of the Muslims. The payment of blood money by individuals or institutions other than the offender stems from the importance of Islam in protecting blood and honoring human beings and its members.One of the important issues in Islamic law is the issue of ensuring the sane woman and her responsibility to pay the blood money. Aqila from the word ‘aql means prevention and precaution, and in the terminology it is called the people who guarantee the payment of blood money instead of the offender, and these people are male relatives of the parents, or only the father in the order of the layers of inheritance so that everyone who inherits it after death, are equally responsible for paying the blood money.This study aims to accurately collect the opinions and sayings that have been raised about this type of guarantee.

With the development of international law based on individualism and greater protection of individuals, the concept of humanitarian law was expanded to respect the high dignity of human beings during and after the conflict. International conventions in the various fields of human rights, war law, etc., and guarantees and executive framework should be found and codified, and legal and executive gaps and gaps in these conventions should be identified and by international mechanisms and by competent authorities. In naval warfare, special tools and methods are used, and humanitarian law restricts the effects of war, and for humanitarian reasons, the parties to the conflict have the right to choose and use the tools and methods of warfare. Restricts. Today, humanitarian law pays more attention to the human dimension in naval conflict. In the present article, we try to examine the developments in the implementation of humanitarian law in the naval war through a descriptive-analytical method and a library study.

A fair trial is one of the fundamental rights of the parties to a lawsuit. After filing a lawsuit and referring to the judicial authorities and starting the trial, it is not conceivable to refuse or stop the lawsuit. On the other hand, this fundamental principle is necessary to stop the proceedings in some cases. Cases of sequestration of proceedings are divided into two parts: the first is due to the change in the personal status of the litigants or their representatives, which is stated in articles (39, 40 and 105 of the Islamic Law), and the second is the cases that are outside the personal status of the litigants or their representatives, which in Other items are foreseen. Regarding the cases of the first category, it is possible to mention the death and imprisonment of the litigants, the arrest of the litigants and the seizure of the proceedings due to the absence of the missing effect, and in the case of the second category, the seizure of the proceedings due to anatah, expert appointment, examination appointment and local investigation, provision Fictitious lawsuits and provision of foreign nationals were mentioned. Seizure of proceedings is in the interest of litigants and prevents their rights from being violated. Cases of seizure of proceedings both in this law of civil proceedings and in other laws such as the registration law, the law of discretionary matters, the law of the Administrative Court of Justice, etc. .. forecasted. In the upcoming research, an attempt has been made to investigate seizure of proceedings in Iranian law.

An increase in the number and number of Muslims is a desirable and desirable thing, and its increase is considered a blessing and abundance, and populous countries are considered to be happy countries, but the same preference for a large number of children and an increase in the number of people is provided at the level of the Islamic Ummah. But it is different at the level of families, it may be preferred for many families who have favorable conditions for the growth and development of themselves and their children, because they have found that the philosophical, moral, and jurisprudential foundations of the Islamic Sharia agree with the increase of generations in general and under normal conditions. It makes the Muslim family more able to have and raise more children by making efforts and efforts and hard work. But compared to many families who do not have the necessary facilities and do not have the ability to adequately raise their children, they believe that family planning plays a significant role. In improving the quality of life of women and paying attention to education and participation in social activities, rest and recreation, paying attention to spiritual matters and caring for children, it has more importance. This tendency is doubted.

Accurate thematics is one of the requirements of Tafqah operations, and weakness in the correct understanding of the subject of the Sharia ruling leads to wrong inference and as a result the wrong ruling. Undoubtedly, the jurists may not have the correct thematics due to their lack of expertise in basic sciences. Among these sciences is the science of chemistry, which may be that the jurists do not have a correct thematics of alcohol, and usually in such cases, it is necessary to leave the thematics to the expert, and if the issue is not verified, they should go to the principles, and the same issue can be lead to differences in their arguments and fatwas. In this article, the author examines the reasons for the purity of alcohol in four axes (principle, inauthenticity of the name, traditions of purity and abandoning the conventional) and the reasons for the impurity of alcohol in four axes (principle, consensus, general traditions of impurity and specific narration), the basis of the impurity of all intoxicants. has invalidated and believes in the purity of alcohol. But in the end, in order to solve the problem according to the opposite basis (the basis of the impurity of all intoxicants), he studied the exact thematics of alcohol and examined the intoxication of its types and concluded that except medical alcohol - which is intoxicating and poisonous - other types of alcohol do not have intoxicants and are clean.

Islamic penal code (IPC)  in 1392 has new approach to Iranian penal policy and  has made a massive transformation with regard to crime and punishment through predicting new penal standards. One of these new approaches to penal policy are article 115 and 220 of IPC which predict the judge options in referring to patent resources in authorized religious offenses and thus bring some ambiguity  in the principle of interpreted in favor of accused person with regard to the principle of legality of crime and punishment. Because in several cases although possessing the Hudud and Diyya to either enter or accept to authorized religious offenses, jurist rejected to do so or they have accepted very limited cases. Authorized religious punishment in Iranian penal policy owns a position similar to that of Hudud and in some cases Iranian penal policy has accepted and referred to these crimes related to Hudud, yet the law giver has given the authority to the judges to explain and determine the provided punishment in juridical sources about some crime through searching in patent resources and using their knowledge, and sentence the accused. This penal policy in Iran’s legal system is not protected by the similar legislative and administrative history and most of authorized religious offenses are in a way that Imams determine the kind of the offense, punishment and the extent of it and some jurists have consensus about it in their juridical books and resources. This is a analytical-descriptive study.

The present research is titled as the goals of mercy-oriented education in line with human rights, which was carried out in order to investigate the goals of education based on mercy. For this purpose, in this research, an attempt has been made to find the goals of mercy-oriented education in line with human rights from the Quran. . According to the geometry of the verses related to mercy, it is clear that God's mercy is the source of all His actions. And for this reason, the guidance and education of the formation and legislation of the world of existence has been realized. This research is a descriptive and analytical method, and in the analysis of the topics, it used the inferential interpretation method and investigated the topic. In this research, an attempt has been made to obtain the Qur'an's opinion about mercy and the educational goals arising from it in line with the rights of individuals by using the method of inferential thematic interpretation. In examining the goals of mercy-oriented education, according to the verses of the Qur'an, we found goals such as attaining the knowledge of God Almighty, faith in the extent of God's mercy in relation to the rights of each human being, gratitude, attaining piety in relation to the observance of human rights, and the like.

The importance of sports and physical exercise is obvious to all. Hence, the related studies even in other sciences are of great importance. In this paper considering the development of sports and physical training and their importance in today's societies, we are going to study the criminal responsibility in high - risk sports from the point of view of Islamic jurisprudence and legal terms. The main point of this study deals with elimination of liability conditions and criminal responsibilities in these sports; indeed with this discussion the issue in low-risk sports will resolve too. We should notice that the discussion of responsibility and liability of sports mishaps is in its infancy because sports laws are developing their initial stages and have not yet reached their status in countries' legislation. Therefore, the development of juridical and religious discussions can have an influential role in the development of sport-law domains and their freedom.

Women's employment in affairs outside the home and their economic conflicts are among the issues that deserve more attention and care. The purpose of this research is to explain the legitimacy or non-legitimacy of women's employment outside the home, in the discussion of women's employment, according to the suitability of employment with the mental and physical characteristics of working women, and also the benefit of society and family. The present article has analyzed the use of descriptive-analytical method for jurisprudential and legal reasons regarding the permission of forced guardianship in the employment of women outside the home. Among the findings of the research is that women's employment is permissible if it does not conflict with the family interests and the status of the parties. In other words, the legitimacy of women's employment is not absolute, but is bound by certain conditions.

The existence of minorities is a reality that has existed in many countries for centuries, and attention to the rights of these minorities as a part of human rights has only begun since the beginning of the 20th century and has reached its peak with the adoption of the United Nations Charter. However, until the 20th century, the rights of minorities were considered political issues and were under the exclusive jurisdiction of governments. Respecting the rights of minorities is one of the concerns of human rights and various international conventions. In Islamic jurisprudence, respect for the rights of minorities has been taken into consideration. Islamic jurisprudence, by using rich Islamic resources and emphasizing on the verses and traditions and the words of the innocents, has stated many times and in various debates on granting the rights of minorities and creating favorable living conditions for them, that in the light of that, many tensions subsided. has done. Understanding this, this article has tried to analyze the principles and foundations governing the rights of minorities, including religious minorities in contemporary human rights and Islamic jurisprudence, and while examining ideas and gains in this direction, the limitations of religious minorities in jurisprudence. Check Islamic. Finally, this article concluded that the discussion and category of discrimination in international law is negated in the case of human rights, and in order to realize non-discrimination in the rights of minorities, the principle of equality and non-difference is emphasized, but in Islamic law, discrimination in the case of human rights is negated and for The realization of non-discrimination is emphasized on the principle of justice and non-oppression, therefore, in the majority of cases and issues of minority rights, from the point of view of both systems, they have seen the negation of discrimination in equal rights and without difference, but in some cases, Islamic law has differences in rights. accepted it, but did not consider it discrimination and considered it to be in harmony with the principle of justice - which is the observance of rights under equal conditions.