نشریه مطالعات میان رشته ای فقه
پیاپی 7 (تابستان 1401)

Arsh al-Bakareh and Mehr al-Mathl as compensation for the removal of virginity are among the concepts that are discussed in the two areas of criminal law and civil law. In this research, with a descriptive-analytical method and by considering various regulations in the mentioned fields and also by considering the jurisprudential teachings, we have reached the conclusion that the basis for paying the dowry is intimacy and the basis for paying the throne of virginity is the removal of virginity. In addition, although the proverb in the words of the jurists and the appearance of the narrations does not indicate the compensation of moral damages and is paid to a virgin or a woman due to the benefit of the woman in adultery by rape or reluctance, but from the point of view of civil liability law Some cases are compatible with moral damages. In addition, there is no conflict between Articles 658 and 231 of the Islamic Penal Code of 1392, and in accordance with the rules of civil liability, if the removal of virginity is done with sexual intercourse or non-sexual intercourse and with consent, there is no guarantee.

One of the important issues in enforcing a verdict in absentia after certainty is the introduction of a valid guarantor or obtaining appropriate security from the convict, which is mentioned in Note 2 of Article 306 of the Code of Civil Procedure. Well-known jurists also believe in obtaining a guarantor or securing in order to execute a verdict in absentia.This is because, in doing so, the absentee convict finds support to secure his or her damages. The present research is of descriptive-analytical type and the method of data collection is library and using filing tools. In this article, after examining various points of view, two forms of problems have been examined and discussed. First; In jurisprudence and law, there is no set time for survival. Second; In jurisprudence, the court receives bail when issuing a writ of execution, while the writ of execution may actually be served and there is no need to obtain bail,Therefore, they must obtain security during the execution of the sentence so that the convict's rights are not lost. Therefore, some solutions have been proposed to prevent the loss of some convicts' rights

According to the Islamic Sharia and Imamiye jurisprudence, justice is a condition for the (ruling) leaders, authorities on matters of religion, judges, leaders of congregational prayers, leaders of mid-day congregational Friday prayers, witnesses, trustees, governors of the property of orphans, executors, depositaries. Ordaining such an obligation signifies the importance of justice in Islamic jurisprudence. Holders of public offices – from the leadership to the lowest positions – have to be qualified for being just as a legal condition, an example of which has been seen in prophetic and Alawite government in early Islam; and, its general mechanism is available in IRI constitution, orders by the leaders of Islamic revolution, and orders relating to the responsibilities and government. The present research aimed at studying the consequences of condition of justice for the ruling positions today and providing some usable strategy for the administrators of the Islamic system. On one hand, the spiritual and material development of society, just wealth distribution, welfare, and security are of potential achievements realizable by implementing the condition of justice for the administrators. On the other hand, lack of justice in the governing positions may result in insecurity, noncooperation, class distinctions, economic injustice and corruption, falsification of reality, and divine and human values. It is of necessity to compensate for legal gaps in implementing the condition of justice for governing positions, especially for the middle positions in the government through a proper legislation and its implementation by the administrators. Using descriptive-analytical methods, the present research proves the necessity of condition of justice for the governing positions and impacts of its presence or absence in the government.

The religious government seeks the help of special rules in governing its society and political system, including expediency.Ignoring the natural and religious interests of individuals is not compatible with the principle of legislation and is not satisfied by the lawgiver, the issue of maintaining the system as a religious obligation has been emphasized in various jurisprudential chapters,and this ruling is indicated by all the main and secondary arguments and principles of the Sharia. One of the findings of this article is that maintaining the system and the obligation to save lives is the intention of the Shari'a (religious lawgiver),but in the position of obedience and in times of conflict, the most important interest is carefully preferred to the goals of the Shari'a. The legitimate ruler recognizes the most important thing,which is more expedient,and implements it in the form of government decrees.Maintaining the system based on rules such as the most important rule,the rule of maintaining the system,preventing disruption of the system takes precedence over the expediency of saving lives.This article has been done with the aim of recognizing the relations between the expediency of maintaining system and saving lives in the shadow of describing and analyzing jurisprudential proposition.

With the damage to one of the parties to the transaction due to the invalidity of the transaction concluded between them, it comes to mind how this damage caused by the invalidity of the transaction should be compensated in order to put the Damaged in a situation before the transaction and the compensation is removed.There are several methods of repairing damages caused by void transactions and each of them has its own conditions, advantages and disadvantages And each of these methods has theoretical bases, jurisprudential bases and legal bases. Determining the amount of damages is either by the court or by law.Compensation methods include of the traditional methods and modern methods. Traditional methods include of object, similar to original, cash, moral compensation and payment of cognizance. New methods also include of binding on provisions of a void transaction, correcting or converting a void transaction, paying daytime value in exchange for the transaction, paying contractual value, and paying damages by insurance and the government.In the present article We try to study the principles and methods of compensation in a descriptive-analytical and library study.

Restorative justice seeks to repair the relationship between the offender and the victim with the efforts of the local community, and in our country there is a special and high capacity to implement restorative justice programs. But sometimes restorative justice mechanisms face challenges that conflict with the context of criminal litigation because the law somehow protects the victim, and restorative justice seeks to upset this balance and favor the victim in a distinct way. The offender becomes a tool. This also provides a challenge in the implementation process. In addition, in the implementation stages of restorative justice, to implement the teachings of restorative justice, we must form organizations and institutions to implement various methods of restorative justice, which in addition to having guarantees to have adequate budget for compensation, and this makes restorative justice Run at a broader and more desirable level. But if it is on paper, we can not expect more in the implementation process. Restorative justice in the Code of Criminal Procedure approved in 1392 in Articles 82, 83, 84 and 192 has been considered by the legislator. Restorative justice is mediated.

Crime responsibility is taken on an agent that there should be a relationship between the agent behavior and its result when several agents are involved in occurrance a crime. This relationship that relates responsibility to a responsible person is called "the causation relationship" and so its elements and components must be explained to ascertain it. The legislature has taken a basic approach to identify the causation relationship, in the recent legislation in the criminal law and by approval of the Islamic Penal Code in 1392. The present study, as descriptive analytical and library one, presents a new concept to describe the causation relationship on the one hand and proof of its guarantee on the other hand, also shows need to pay attention to the citation in the actus reus and mens rea concepts which their combination is effective to determine the criminal responsibility of the agent or agents influencing to occur the criminal outcome.

Human beings have different spirits and variegated wants and needs and they are constantly seeking to accomplish what they call their ideals with one of the scientific methods of doing so being implementable within the format of transactions. Therefore, when attention is paid to the transactions, it is seen that contracts and transactions serve various intentions; some intentions just look for profits such as when selling something and some others consider benevolence and charity such as when lending something; and, also, in some of the transactions, there is this possibility of sustaining losses such as in sales but there is no risk of sustaining loss in some others like trust. In some of the contracts, it is necessary for the contracting parties to have knowledge otherwise loss may be incurred following which a person may sustain a loss of a type and losing is intellectually and canonically detested and, resultantly, the contract can be revoked or compensation might be demanded etc. Of course, it is not necessary in some of the contracts for the contracting parties to have special knowledge such as in endowments and alms for the reason that these contracts are flexible in respect to the lack of knowledge and the subsequent losses. The present study uses a theoretical grounded theory method of research. It has been codified based on a descriptive-analytical method, as well. The study tries investigating perspectives of Imamiyyeh jurisprudents from the antecedent to the subsequent figures; Iranian jurists’ notions will be also examined along with it. The result is that it is necessary to have knowledge when entering a transaction of course, knowledge of various contracts is usually accompanied by different case-specific consequences. For example, it is necessary for a transacting party to have detailed knowledge without which the contract has.