نشریه مطالعات میان رشته ای فقه
پیاپی 5 (زمستان 1400)

Accepting that a jurist authority can intervene in issues associated with his boundary of authority on the bases of evidences, the question raised is that how the conflict of Imamiyeh jurisprudence with international legal system for a charged follower (of jurisprudence) can be explained and investigated. Adopting a descriptive-analytic approach, the current research is intended to investigate the relationship between the Imamiyeh jurisprudence and legal international system on one hand and the commandment of the jurist for a charged follower in his boundary of authority on the other. After analyzing the data, it was concluded that the primary duty of a charged follower is to refer to a qualified jurist authority while the duty of the jurist itself is the establishment of an Islamic state. Thus, considering the international rules and regulations, the strategy of the plurality of the jurist’s authority system for a qualified jurist in his own geographical boundary is closest to the correct. In this way, not only the commandment of a jurist authority do not intervene for a dutiful follower but also the conflict between Imamiyeh jurisprudence and international legal system is far from conflict.

Nowadays, organ transplant is an inevitable necessity for patients who cannot be treated by other medical treatments. Nevertheless, it has become one of the major challenges of societies to find enough transplantable organs in order to bring patients back to society and their families. The attention of organ transplant experts and jurists has been drawn to finding new sources for organ donation, because of restrictions on member donors despite the increase in people in need of organ transplants. One of the most important resources of organ transplants is the organs of people sentenced to death. The present study aims to analyze the jurisprudential point of view regarding to the organ donation of those sentenced to death and retribution, by studying primary religious resources and regulations based on documentary method. This jurisprudential view emphasizes that the punishment for those sentenced to death and execution need not be the same. This view considers the execution and retribution of convicts possible by removing their vital organs under anesthesia. Donation of non-vital organs of people sentenced to retribution can also be considered as another source of providing organs for transplantation, if he obtains the consent of his parents. This donation can lead to discount of his punishment.

 The broad definition of criminal policy emphasizes the role of public institutions in partnering with formal institutions in combating the criminal phenomenon, and therefore participatory criminal policy means the broad participation of public institutions alongside formal and governmental institutions in response to crime. Diyat in unintentional crimes is more than a criminal form, it is a legal framework for compensating and compensating the victim, therefore, due to the existence of significant capacities such as labor dispute resolution authorities, primary and renewal boards. According to the medical system, the bodily injury insurance fund, dispute resolution councils, mediating authorities, etc., it is possible to handle cases related to blood money in unintentional crimes, such as work-related accidents, sports accidents, medical accidents and accidents. Driving is crystallized with the participation of informal and non-governmental institutions and, according to criminal policy scholars, public institutions and not only by the court as a formal government institution, which in addition to reducing the entry of cases to the judiciary, avoids From labeling, reducing trial delays, de-judicialization, using the capacities of civil institutions in resolving disputes, tending to a restorative approach in dealing with crimes and protecting the rights of both parties to the lawsuit, and dealing appropriately and distinctly with other perpetrators of intentional crimes in court.

The aim of this study was to investigate the challenges of localization of criminal enforcement guarantees in Iranian law with emphasis on community-based punishments in Iran as a library study with a descriptive-analytical method. Community-based punishments are punishments that are applied and executed in line with participatory criminal policy in the context of society, not in government institutions and institutions such as prisons and similar institutions. With the increase in the criminal population of prisons and the inefficiency of imprisonment, many efforts have been made in the form of various policies, which can be considered the emergence of community-based punishments as the most obvious of these efforts, which was approved by the Islamic Penal Code on 1/2/2013. Findings. The findings of the study show that community-based punishments face challenges in practice. These challenges are: ; Conflict of the obligation to obtain the consent of the convict and trial in absentia as provided in Article 406 of the Code of Criminal Procedure with Articles 65, 66 and 68 of the Islamic Penal Code; The possibility of issuing two types of public service punishments, the note of Article 64 and Note 3 of Article 84 of the Islamic Penal Code are in conflict with paragraph "d" of Article 23 of the Islamic Penal Code and the specification of Note 2 of this article. Lack of proper structure for coordination between the judiciary and the receiving institutions; And legislative challenges following sentencing 2. Cultural barriers, including: traditionalist judges; The punitive attitudes of the masses; Cultural delay; Lack of adequate manpower. 3. Political barriers that include: ideology and political culture and strictly unscientific criminal policy. Overall Conclusion Research findings show that the implementation of community-based punishments faces three legal, cultural and political challenges. are

Among the general principles of law and progressive scientific rules, the rule of fairness has a prominent value and position, and since this rule has considerable flexibility, it has the ability to be applied in dealing with new issues and challenges of public international law. Is. Therefore, while defining the rule of fairness, it is necessary to evaluate the position of this rule in the implementation of international agreements related to the field of international environmental law, and also to analyze the need to protect the environment based on the requirements of public opinion in jurisprudence. Accordingly, in this study, which was conducted inductively and using library studies, while evaluating the application of the rule of justice in ensuring human security, it was found that the rule of justice through the principle of "joint but different responsibility" in the Paris Climate Change Conference Has been exploited. On the other hand, it has been shown that the rule of fairness in international environmental law has led to the introduction of the term "climate justice".

Sociologists believe that mutual relationships among people and their trends are effective on the formation and continuity of the social life of a society from the beginning of the formation of any social system. These mutual relationships and their quality, which today are studied under the title “social capital,” have attracted extensively the attentions of the knowledgeable in different fields of political, social, economic, and cultural. Despite the fact that social capital is a modern subject in the area of humanities and social sciences, but it seems that by studying exhaustively jurisprudential rules in Imamieh jurisprudence and Islamic teachings in general, one can recognize the remarkable aspects of social capital status in them. The present research aimed at the same objective and, through adopting descriptive-analytical methods, tried to recognize and reflect on the status of social capital subject in Imamieh jurisprudence and Islamic teachings. The research findings showed that jurisprudential rules and teachings such as prohibition of detriment, distress and constriction, prohibited contributions to sin, prohibition of usury, order for interest-free loans are of the most important manifestations of Islamic legislator's attention to the subject of social capital and the necessity of its protection.