نشریه حقوق و فقه تربیت و کودک
پیاپی 12 (زمستان 1401)

One of the Shari'a UAE and suspicion that causes a valid or valid suspicion of the theme, and the decisive reason for its authority is the fatwa fame, a fatwa fame, including some of the sources of jurisprudence, its purpose, Being a famous sentence is to the jurists, though it has no reason for reason. According to most researchers, all the funds that have been resorted to prove it are undermined. This article, based on the views of the Khorasani mullahs' views in the primers, deals with the Fatwa's reputation in the principles and analyzes the fatwa fame as one of the suspicious Emirates that has been discussed. What is the opinion of the jurists about its authority?

The paradigm of criminal justice is a rooted pattern in the Islamic jurisprudence system, which, with the intelligent approach of crimes and punishments within human communities, and consequently the imposition of criminal laws seeking to fulfill and extract the desirable and efficient criminal system, to suppress the deeds and behaviors. ;; Given the ultimate purpose of punishment (prevention of crime), therefore, based on the evolution of the process of justice, the purpose of writing this essay, understanding the concept and philosophy of criminal justice -based law -abiding, as well as explaining the educational status of this subject in the doctrine. It will be Islamic jurisprudential and legal. This is a documentary research and in line with Imam Khomeini's opinion on the process of criminal justice -based justice, findings by referring to information sources in the field of criminal jurisprudence and philosophy of punishment in Islamic legal system based on human dignity, human dignity, The usefulness, correction, training and rehabilitation of criminals have been collected.Outcome: In the intellectual context of the Imam (PBUH), the punishment of the offender in the process of human and criminal view of him and on the basis of mercy and mercy is considered to him; In this respect, the basis of punishment will not only be with his human dignity, but also with the aim of educating the offender and in order to reform and socialize him and to establish the prosperity of the individual and society.

In this article, we find that the relationship between couples and their rights in the family is based on a descriptive-analytical method and the adaptation of different Sunni jurisprudents to Islamic law, meaning that if the law or the rule of law leads. Damage to one of the couples' rights, the rule of harm flows, and the initial ruling is replaced by the other, such as the use of the divorced rule in cases of failure to do so. The monopoly of divorce in the iodine is deprived of him and forces the man to divorce, so the rule of family law in general largely prevents legal problems in the family and couple's rights.

The type of interaction of any state with other religions and religions indicates that the government's relation to the people and human rights. Therefore, besides determining the official religion of the country, the rights of religious and religious minorities, as well as the possibility of informal religious rules in the lawsuit called legal density, have also been a place of conflict. One of the discussions at the time of Iran's constitution was to determine the official religion of the country, along with the rights of other religions. Article July 1312 has obliged the courts to enforce the rules and habits of non -Shiite Iranians, but the law in three categories of relations, including "non -Shiite and non -Shiite parties" and "Shiite". And the claimant of Shiite »can be examined for conflict of rights. In this study, which is conducted using a descriptive-analytical method, the resolution of the conflict of these relationships has been examined. The law governing the personal status of the non -Shiite parties shall be subject to non -opposition to the public order, the regulation on the basis of expediency, and the need to refer to civil law in cases of disagreement, as well as the principle in the personal status of the Shiite and non -Shiite parties, citing the requirement, Numerous advisory theories of the judiciary and the International Covenant of Civil and Political Rights are respect for the rights of minorities, which must be referred to this principle in doubt. In the case of the law governing the personal status of the Shiite and Shiite claimants on the conflict of law, the appropriate sentence will also be issued.

The benefit of a healthy environment is one of the rights to be examined by the third generation of human rights. The environmental protection movement goes back more than half a century ago, and environmental protection is internationally important, and international actions have gone so far that even non -governmental judicial institutions in support of the environment. Biomed have called for permission to address environmental issues. Unfortunately, by the 1950s, the seas were regarded as areas for removal of waste, with the development of world trade by the seas and increasing maritime transport, as well as the shift of organic matter through sea pollution and the importance of marine environmental protection. It has been taken into consideration by international societies, and international organizations sought to pursue a specific system to protect and protect the marine environment. Therefore, governments and specialized organizations are committing their international declarations and meetings to take action in this area through conferences.

Establishment of a criminal system within the framework of Kant's philosophical system in the theory of justice, if possible, will be its central value. But how we can do and justify and justify and justify and justify the abstraction with the cause of impartiality and without any specific judgment of human and society, and in a veil of ignorance, crimes and punishments, and the abstraction can be acted upon. There is no clear and hopeful justification.Crisis crises such as the staggering population of prisoners' lack of health of the traditional criminal system, insufficient and equal access to those protests to the structure and function of the Police Criminal Justice System, the Prison Court and the Post -Exit References for Human Rights. The inability of modernity's logic in the management of criminal policy revealed in most countries, and the reduction of the legitimacy of governments was a bell to address policymakers' problems over the problems of penal and global nationals. Among these crises and deficiencies, the lack of proper support for vulnerable criminals and groups, and essentially the restriction of the capacity of the traditional penal system to meet the needs and necessities of crime, the most important "theory of justice" through the widespread citation of various sciences Socially attracted many audiences. This theory found a wide range of readers from different disciplines, from psychology to economics and ethical issues.

The Iranian legal system has taken a dual position in the implementation of criminal law; Islam has precisely determined a significant portion of crimes as predicting and punishing them in terms of type, quality and quantity, but the other part was not accurate because it is very popular and cannot be explained based on religious and jurisprudential sources. The Constitution has identified valid Islamic resources and fatwas as the reference to judges.This study is one of the analytical descriptive research based on the nature and method. In today's societies, new issues and issues have become the subject of punishment, and essentially a set of criminal law that require compliance with religious and jurisprudential criteria in a new approach tailored to the requirements of time. In the end, it should be said that the change in the issues and issues of the day from the jurisprudential point of view requires the platforms in which the sentences in the form of these platforms are changed; Intra -religious contexts that are the basis of the evolution of religious law with the intellectual and cultural requirements of human beings inherently transformed.

Undoubtedly, one of the most important tools of law science for regulating relations between citizens in any country is the legal entity of contracts and contracts that have its own unique characteristics in the economy, commerce and commerce, and from the common legal installations in all contemporary legal systems. Is. On the other hand, this legal entity has not only been used by the private sector but also government agencies and departments in various forms such as administrative and public contracts, delegating some daily matters to the private sector, but specialized monitoring and controls. One of the common contracts continues to be a gas station contract and the establishment of gasoline supply stations, gas oil, single -purpose and dual -purpose CNG stations. A look at the legislative system shows that the Islamic Consultative Assembly has avoided legislation and has delegated this important task to the Ministry of Petroleum and the National Petroleum Distribution Company. At the same time, the results of the research prove that these types of contracts are close to the sex of administrative and state contracts and by distance from the balance of contracts in private law, a type of contract inequality at the time of the contract between the employer (National Petroleum Products Distribution Company) and The contractor (private broadcast) will be seen as the employer looks and behaves from the position of power to these types of contracts.

Occasionally, deliberate damage is needed to prevent heavier losses, in which case all stakeholders should contribute to the loss. This type of damage is called "public damage" or "common damage". In this case, it is sufficient for the assignment of compensation only to prove the imminent danger and the relationship between the verb and the inhibition of the loss. It seems that there is no specific legal procedure except in Article 185 of the Maritime Code, which is not in the formation of compensation, so it can be possible to extend minor laws on the conditions of compensation, given the position of Islamic jurisprudence in our country's rights. Provided joint damage. In the current silence of the law, it is necessary for Article 167 of the Constitution to be recognized in all civil affairs. In this study, the analytical-descriptive method discuss the situation in which the person is responsible for compensation while the three pillars of civil liability (loss, fault, and the cause of the cause between fault and loss) have not been realized simultaneously. The purpose of the research is to identify joint damages as one of its non -contractual compensation and its legislative requirements, because in the current situation, focusing on the pillars of civil liability, the rights of the individual or persons may be trampled on due to the benefit of preventing the damage. It should be compensated.

Iranism Jurisdiction and its beginning throughout the entire existence of Iran is one of the issues that actually stay in debate. One reason adding to this is that there are a few ambiguities in the set of experiences. In the mean time, the job of Maneckji Limji Hataria is among the variables that are deserving of additional reflection. In 1854 Maneckji Limji Hataria has entered Iran as the main agent of Parsis of India.He communicated with scholars and journalists of Naaseri period of Iran culture during his drawn out inhabitancy in Iran. This investigation tries to respond to this scrutinize that "what is the situation of Iranism Jurisdiction and Iranian disposition in the his collaborations with masterminds of Naaseri period?". For this reason, alluding to verifiable sources, archives, correspondence and giving confirmations, the creators show that Iranism Jurisdiction is the focal and crucial issue in Maneckji Limji Hataria connections with intelligent people of Naaseri time is and these communications can be considered as an auxiliary factor influencing the Iranism Jurisdiction mentalities of Naaseri time.