نشریه مطالعات میان رشته ای فقه
پیاپی 6 (بهار 1401)

One of the major harms that Islam, like other divine religions, has faced is heresy. Therefore, in verses and hadiths, heresy has been repeatedly and clearly condemned and heretics have been condemned and denigrated. Although Islamic scholars have interpreted heresy as "our entry is not my religion in religion", there is no consensus among them on the criteria of heresy. Most Imami scholars have considered attributing something to religion without the existence of a religious document as heresy, but a group of Sunnis has considered everything that happened after the first three centuries of Islam as heresy. Therefore, the criterion of Shiism in this regard is qualitative and the criterion of Sunnis is quantitative (time). This practice in recognizing the tradition of heresy leads to differences of opinion of Islamic scholars on the scope of heresy and its examples. From the point of view of those who consider the events of the incident after the first three centuries as heresy, the scope of heresy is very wide and wide, but according to the view of a group that uses general evidence, Emerging issues are considered to have a religious document. The scope of heresy is limited. In this article, while explaining the concept of heresy, some of its criteria, arguments, and examples have been read analytically and comparatively.

The right of the buyer (customer) to receive safe goods in exchange for payment is a fact that is reflected in both domestic legal systems and in various international instruments such as the Convention on the International Sale of Goods (adopted in 1980). And its observance is guaranteed by a variety of performances. This article focuses on guaranteeing the implementation of compensation for defective goods, explains and examines the economic effects of it in the framework of the Convention on the International Sale of Goods, as well as jurisprudential teachings.

The type of research is descriptive and the method used is descriptive-analytical. The method of data collection is also library.

The research findings indicate that the most important economic effects of compensation for defective goods from the perspective of the Convention on the International Sale of Goods (adopted in 1980), is the restoration of the damaged condition assuming full implementation of the contract and the option to reduce the price for the buyer; From the point of view of jurisprudential teachings, if the seller is not exempted from possible defects of the seller at the time of concluding the contract, termination of the transaction and also receiving the arche (difference) are the most important economic effects of the need to compensate for defective goods.Ethical considerations: In the present study, preserving the originality of texts and fidelity in speech quoting, as the most important ethical requirements, have been considered by the authors.

Despite the seller's obligation to restore the status of the injured buyer, assuming the full implementation of the contract in the International Convention on the Sale of Goods, the possibility of the seller to avoid possible defec

Prior to the enactment of the Code of Criminal Procedure in 2013, the Iranian judicial system was in line with the investigative judicial system at the preliminary investigation stage, but with the innovations of the new law, especially in the field of promoting the defense rights of the accused, the situation has changed. The provision of criteria such as the right to inform the relatives of the accused, the right to a medical examination and the right to be informed of the rights of the defense are among the most important innovations of this law, which itself indicates an attempt to further the preliminary investigation. Installing the "Charter of the Rights of the Accused" in the corridors of police stations, courts and criminal courts in such a way that it is visible to the clients and the accused, so that they ask the law enforcers to observe these rights; It may have beneficial effects on the judicial reform process and the way criminal proceedings are conducted. Violation of the rights of others, including defendants, is an unforgivable sin, and hard-working judicial officers and judicial colleagues are also expected to make every effort to ensure strict observance. In the Code of Criminal Procedure adopted in 1392, failure to comply with the mandatory principles in the preliminary investigation stage has resulted in disciplinary punishment and there is no place that explicitly considers the guarantee of non-compliance with these principles in the preliminary investigation stage to invalidate the preliminary investigation. The comments of Articles 63, 106 and 196 of the said law confirm this opinion this research has been done as a documentary library .We first found a source in relation to the subject according to the subject and then studied the field by gathering resources.

One of the prominent manifestations of restorative justice is mediation, peace and compromise, which is referred to in the Holy Qur'an as the reform of the essence. The reform of the essence is one of the programs emphasized by Islam in cases of conflict. Which is done with the participation of members of the Islamic community (person or third parties who are called mediators) and the active and free participation of the parties to the dispute and seeks to establish peace and reconciliation and friendship between the parties to the dispute through reparation and compensation. This new establishment, with the efforts of jurists and the application of issues related to resolving disputes with the enlightened religion of Islam and jurisprudential texts, as well as a look at the rights of developed countries from the perspective of the judiciary, is gradually included in the legal texts of the country. Also becomes. However, the research findings indicate a significant effect of the use of mediation mechanisms in reducing the volume of cases and also the number of court appeals. Based on this, it can be concluded that mediation based on the Qur'an and Sunnah has a significant role in achieving restorative justice in the criminal proceedings.

Custody of the child by the mother is one of the important issues that has been discussed in jurisprudence and law. In this article, an attempt has been made to examine the challenges facing child custody by the mother and, if possible, to provide solutions to address these challenges. The research method of this article is descriptive-analytical and the library method has been used. Maternal custody faces two important challenges; Lack of guardianship of the mother over the child and revocation of the mother's custody in case of remarriage. Prohibition of maternal guardianship over the child is absolutely unacceptable because the mother is more compassionate and kind in protecting the child and her property, while in today's society and also due to the ability of women in managing family affairs and outside the family, maternal guardianship over the child, accepted. In the case of remarriage, such a condition can not be imposed on the mother alone, while for men there is no such restriction and the mother can be prevented from remarrying by creating fear in her. From the jurisprudential point of view, the ruling of compulsory guardianship is not one of the rules of worship but one of the rules of reason. On the one hand, with the shrinking of the family in the present age, and on the other hand, the rising level of education and social presence of women, forgery of forced guardianship for mothers and the possibility of remarriage of women is the most important way to solve the existing challenges.

Despite the fact that emigration is one of the keywords and critical concepts in Islam, there is no comprehensive explanation of the concept in accordance with modern issues of a society. Therefore, the present research studies migration by considering the sociological and psychological aspects of this important issue from an Islamic perspective.According to Quran verses and Islamic traditions, migration can be of scientific, religious, fleeing from oppression, internal-divine kinds and, it is obligatory in any time when there are causes of and some philosophy for it. Islamic jurisprudence divided the world geographically into the abode of Islam and the abode of infidelity, based on which migration is classified into four groups of obligatory, recommended, permissible, and prohibited. This classification, particularly in contemporary period, has brought under focus the situation of Muslim minorities in non-Muslim countries. Motivations for migration from an Islamic perspective include relief and (psychological and sociological) security, promotion and expression of religious rituals, and education in other countries for providing the needs of an Islamic society. Islamic religion considered seriously the psychological issues of migration. This can be clearly traced back to individual and social interaction management among the Ansar group and migrators in Prophets´ time. Through founding Islamic system on the precepts of god which are found in divine revelations and rules, this individual and social management resulted in cordiality and brotherhood between the Ansar group and migrators.Migration policymaking in Iran should be done in accordance with Islamic basics and concepts on emigration and migration in such a way to profit all the members of an Islamic society.

In populist thought, emphasizing the thoughts of individuals in society as the basis of public policy is doubly important. The centrality of public opinion and political intervention in criminal policy has led to a populist approach. In other words, populist criminal policy seeks to combat crime by engaging public opinion. In the Iranian penal system, in recent years, under the influence of the prevailing atmosphere in society, populist policies have emerged. In fact, the idea of ​​criminal populism emphasizes the model of crime control through hostility to the perpetrator. This type of criminal policy deviates from the principled and scientific process of criminological teachings and makes it subject to political considerations, in a way that damages the structural implications of criminal law and the moral rights of criminal law subjects. In this article, we will examine the issue in a descriptive-analytical manner and answer the question: What factors cause populism and what are the characteristics of this phenomenon? In the following, we will examine the reflection of populist laws and make suggestions in this regard.

No written jurisprudential and legal research and analysis has ever been conducted on presentation and disclosure of financial and banking information of the Islamic Republic of Iran to foreign individuals, groups and organizations. The present study aims to answer the following question: Is Iran's financial, banking and economic system allowed disclosing information to foreign elements, like domestic audiences. This study also studies and analyzes the important issue of "accepting the recommendations of the Financial Action Task Force (FATF) by the Islamic Republic of Iran" from the perspective of jurisprudence and jurisprudential laws, as the most important, most comprehensive and reasoned criteria for identifying issues, on transactions. The present research is theoretical, the research method is descriptive-analytical, and the library method has been used to collect information by referring to books and articles.As the result, the author concludes: disclosing information to Fatf and accepting its provisions, instructions and recommendations is acceptable as long as it does not harm the interests of the Islamic Republic of Iran and does not lead to any domination of enemies of the enemies of Islamic Iran. Otherwise, acceptance of the provisions, instructions and recommendations of Fatf is contrary to the Shari'a and legal standards, as well as the goals and ideals of the Islamic Republic of Iran. Therefore, according to Nafy-e-Sabil Rule (Non-Dependency Rule) and the rule of the most important and the important, the system of the Islamic Republic of Iran should neither give its financial and banking information to (Fatf) nor trust nor rely on it.