نشریه مطالعات میان رشته ای فقه
پیاپی 8 (پاییز 1401)

It is a fact that spiritual damages and losses have effects on family leading to its rights to be abused and wasted culminating in the collapse of its foundation; something that are seen frequently in the emerging white marriages in our society, as these marriages don’t follow the principles of the legal and religious ones. These damages and losses include the couple going under the compulsion of covering up; men and wife enduring the resulting heavy mental and psychological burden, depression, along with frequent lying to cover up the fact; all just to satisfy mere lust and sexual desires, committing crime and guilt as the result, being deprived of legal and common protections, deflowered girls, loss in value of virginity, failure in their next marriages, short-term relationships, admitting to be permanently and absolutely single, promotion of childlessness or giving birth to illegitimate children, lack of satisfaction in sexual relationships due to poor quality relationships, increased number of abortions, decreased number of childbirths, decreased population, increased number of foundlings, increased number of unattended children, and children with no identification, creating the need to establish centers for the protection of unattended children and foundlings, overpassing the obscenity of illegitimate relationships, increased domestic violence against women, the couple's infidelity toward each other, increased corruption in society, insecure families, decreased physical and sexual health of society members, increased sexual diseases, drifting away from legal marriages, rise in legal age of marriage among the youth, rise in divorce statistics, increased number of runaway girls, general commitments violations, disclosure of man´s and wife´s secrets, accusations regarding infidelity, men´s abuse of polygyny by violating the legal principles and justice, ...

By examining the laws related to children and adolescents, it can be seen that regarding the age of criminal responsibility of children and adolescents as well as the procedure for the crimes of this category of people, the criminal laws of Iran have undergone changes and many regulations have been approved in this field. In Iran, according to Article 147 Approved in 1392 and the note of Article 1210 BC. The age of criminal responsibility is 9 full lunar years for girls and 15 full lunar years for boys. In the analysis of the old and new laws, we will see that unlike the old laws, the new law includes 3 types of age for children and adolescents: 1- Age of no criminal responsibility (minors): people under this age have no responsibility and in case of committing a crime They have no criminal liability. (Article 146 Q.M.A. approved 1392) The reduced age of criminal responsibility is that children between 9 and 15 years old are not punished but are subject to protective and educational measures and are divided into two categories. Children 9 to 12 years old (non-juvenile minors) Children 12 to 15 years old (juvenile minors) are the criminal age of majority, based on which if people under this age commit a crime, according to the laws and regulations related to juvenile proceedings Their crimes are dealt with, as the legal age of majority in Iran is 18 years. People who commit a crime between the ages of 15 and 18 are kept in a correctional center. In the Islamic Penal Code approved in 2012, there is no criminal responsibility for minors, and for people who have recently reached the age of puberty, the criminal responsibility is equal to Adult people have been accepted. The present study

The right of custody and custody of a child is one of the rights and duties of parents, which the law has made subject to its own provisions for boys and girls up to the age of 7 and 9, and has recognized this right for the mother; And has since recognized this right for the father. Among these, the effect of the agreement on the right of custody is one of the issues that are considered as a violation of the rule of law or an exception to the rule of law. The purpose of this study is to examine consensual custody and determine its scope. Behind this approach, some judicial theories have been criticized, and the effect of the agreement is where the law does not specify the minimum status. Therefore, the approach of this study follows the effect of agreement on custody after the ages mentioned. Findings of this study include the effect of consent on custody after the age of 7 and 9 years, and regarding artificial insemination, if it is laboratory and the identity of the sperm owner is not known, it is possible to agree on custody, otherwise only for the natural mother of the child. It is and is natural for the father when his identity is clear.

What has been studied in this article is the principles and criteria governing criminality in the light of the Iranian criminal justice system. In order to pass a criminal law, from the formal point of view, the parliament or the legislature must establish a rule, otherwise we will see a departure from the principle of jurisdiction. But from the point of view of quality, or in other words, from the essential point of view, the law must have certain characteristics in order to be characterized by this attribute. In this article, after explaining the quality of criminal law or criminalization, the authors have referred to the explanation of the necessary principles from the perspective of thinkers. After passing these filters, the criminal law can meet the minimum standards. But from the point of view of legal principles such as the principle of minimumness, the principle of legality of crimes and punishments and even the principle of innocence, the law must have minimums. In this article, the authors have explained these cases in a descriptive-analytical manner. As a result, it can be said that except for the above-mentioned cases, if a law is enacted, it only has a formal description of the law and from the substantive point of view, it cannot be called a law.

One of the important issues in Islamic jurisprudence as well as in political issues is the discussion of "preserving the Islamic system". The importance of this issue is that many political behaviors and decisions are based on it. Numerous reasons have been presented regarding the necessity of maintaining order, the most important of which are numerous narrations that have been narrated from the infallibles (peace be upon them) and have also been cited by jurists. In this article, we will review and review these citations and answer the question whether the citations to the hadiths about the need to preserve the Islamic system have been made correctly?

The present study uses a descriptive-analytical research method to critique the narrations in terms of citation and reasoning.

Regarding the necessity of preserving the Islamic system, several hadiths have been cited to prove the necessity of preserving the Islamic system, some of which lack the necessary argument and logic to prove the said ruling.

In this study, these hadiths have been identified and criticized, and other authentic hadiths have been counted and examined, and more logical arguments and arguments have been presented to strengthen the related hadiths, and this proves that maintaining the Islamic system is obligatory. And its realization can have valuable fruits such as acceptance and political stability for the Islamic government in the world of politics.

E-commerce is essentially a financial exchange that takes place in the context of interconnected electronic devices. A contract through the Internet is basically a contract between two people who are present in terms of time and absent in terms of place. E-commerce is an agreement between two people that is accepted by the buyer remotely through an international network (Internet) against the request of the seller, and this is also done through audio and visual devices. This work is research, theoretical and of the type of content production, and the content is presented by referring to jurisprudential and legal sources. In any of the electronic or traditional contracts, there may be a dispute between the parties on an issue of that contract, in order to resolve the dispute, it is necessary for the court to conduct legal proceedings and deal with the dispute. Among the issues raised in electronic commerce is the conclusion of electronic contracts; Because compared to traditional contracts in the law of our country, it is in the initial stages of development. Based on the laws of the subject of contracts and obligations in the context of the prevailing legal system or based on the agreement of the parties, the contract will be based on a law. In Iran's legal system, the law governing transactions is determined by the law of the place where the contract is made. If the contracting parties are non-Iranian and enter into a sales contract in Iran, they can specify another law implicitly or explicitly in the text of the contract. In this research, the quality and manner of laws governing electronic contracts as well as the dispute resolution authority in Imamiyyah jurisprudence and Iran's subject law have been discussed.

Unfair terms are imposed by one of the parties on the other party by abusing his/her socio-economic status or expertise. Given the governance of the principle of freedom of will, to solve the problems arising from the absolute acceptance of this principle, the legislator has intervened in special lawa under various excuses. By abiding the rule of fairness and justice, the courts have dealt with this category of unfair terms and have decided to invalidated all or parts of the contract or modify it. This study aimed to investigate some examples of unfair terms and the strategies applied by legal systems of Iran and England in dealing with such terms. Of the examples of unfair terms, we can refer to limitation of liability clause, penal clause, as well as additional and standard contracts. The most important legal sources of unfair terms in Iranian law, in addition to the common law (civil law), include special laws such as maritime law, labor law, e-commerce law, and protection law for motor vehicle consumers. The legal control of unjust contract terms by the legislator and assigning the evaluation of these terms to the courts are considered as two monitoring methods in England, whaich are not accepted in Iranian law except in special laws and under exceptional conditions.

One of the important manifestations of protecting individual rights is the right to a fair trial. Complying with the rules of competence is known as one of the mandatory rules among the principles of fair proceedings, the violation of which has been exceptionally recognized in the criminal procedure law of Iran and France in the form of deviation from inherent and local jurisdiction. The main question in this article is what is the basis of disqualification? In this article, with a descriptive-analytical method, we have investigated cases of deviation from jurisdiction in the criminal procedure law of Iran and France, and we have come to the conclusion that the two important viewpoints of individual rights and public security can be used as the foundations of deviation. He mentioned the qualification. Sometimes the government ignores the rules of jurisdiction in order to protect the rights of the accused in order to have a fair trial, and sometimes the government overrides the rules of jurisdiction for order and public security. The latter case is one of the cases that, due to its unclear scope, can cause the violation of the rights of the defendants.