نشریه مطالعات میان رشته ای فقه
پیاپی 2 (بهار 1400)

Digital currencies are one of the topics that needs an accurate evaluation given several complicacies and ambiguities about them. The preset paper is an attempt to elaborate on digital currency to clarify ambiguities about its legal identity. In addition, the status of digital currency in Islamic jurisprudence and Iranian laws was examined. As the results showed, digital currencies are a type of money in virtual space emerged on the Internet ground so that they have a monetary nature. From jurisprudence viewpoint, they are considered as property. At the first glance, digital currencies are highly complicated and ambiguous; while in practice, they have a simple essence. The true nature of digital currencies is lost in the growing debates about their advantages and disadvantages. Given the disadvantages and ambiguities about digital currencies, they may not be confirmed by Islamic religious laws until these ambiguities are resolved. To achieve the true concept of digital currencies and give a legal and jurisprudential account of them, grounded theory and case study approaches were used in this work. The study also gives more efficient approaches to using digital currencies that can solve many of the disadvantages of digital currencies. Keywords: Digital currencies Bitcoin, money, object, property, comparative jurisprudence

Attendance of litigants in trial is a principle for settling a lawsuit among parties because in divine Sharia of Islam and Islamic law, the presence of parties in the hearing validates the authority of the judge over trial, i.e. summoned party or his trustee (agent) must attend the trial and submit his defenses of the claim to the court or submit a bill to the court in the case of absence to prevent violation of his rights. However in some cases, the trial proceeds in the absence of a litigant of the lawsuit. This is an important issue in judgment and trail. Like other issues in jurisprudence, judgment by default needs to depend on authenticated sources and bases. The most fundamental and legitimate sources and bases for absent verdict include Quranic verses, tradition of immaculate Imams, consensus of jurist and reason. Therefore, we have studied and analyzed each of this sources while briefly considering Sunni jurisprudence in all aspects of the issue. The Current study has been a descriptive analytic research which has employed library method through note-taking instrument. In sum, it was concluded that in trial by default, considering some foundations, it can be said that in any condition, it is incumbent on the judge to summon the defendant to trail before issuing any verdict but in the case of the defendant’s absence, he is permitted to proceed a default judgment and issue the verdict in absence.

The patent of drug inventions plays an important and effective role in production and innovation in drug industry and the related researches. The guarantee of a drug quality and its price ceiling in turn guarantees the consumer's interests regarding the access to high quality drugs, on one hand, and protecting investment, research, and development, on the other hand. Beyond patent of drug inventions, there are also various obstacles to access to medicines which may have negetave effects on access to medicines in the developing countries. Other factors also play a role in this regard such as unobtainablity, inaccessibility, or high prices of medicines. By library and documentary approach, the present research analyses the existing laws governing the patent of drug inventions from the standpoint of human rights, which shows how the patent of drug inventions can effect the right of access to essential drugs and health.Necessary data were gathered using reliable internet sites, international governmental organizations and NGOs, related articles and books. And descriptive and analytical mthods were used to analyze the data. The results show that despite numerous barriers for access to essential drugs in poor and developing countries, the patent of drug inventions and the resulted iraising prices continues to be considered as the most important barriers for access to essential drugs which along with cultural, managerial, structural, economic weakness, and region-specific diseases lead members of a society towards crisis.

"Intent to typically deadly act" is a phrase that is specified in the articles related to premeditated murder (paragraphs b and c of Article 206 of the Law of 1991 and paragraphs B and C of Article 290 of the Law adopted in 2013); This restriction is interpreted in different ways by the legislature in the terminology of jurists in terms of not providing a definition of it. The important point is that this rule merges with kind of murder which used instrument in, and causes ambiguities that some consider typically deadly acts mean same as the murder which used instrumet.It was sufficient Judicialy the mere of the using deadly weapon regardless of the position of the blow, the sensitivity and the absence of the position to carry out the premeditated murder. We believe that both of, "typically lethal" and "lethal weapon," are two separate concepts, meaning that the lethal weapon is the instrument used in murder and does not have a specif meaning in murder, and only should He looked at it to prove the murder and the means by which the murder was committed. In this article, we intend to address some of the ambiguities and drawbacks about this approach and its distinction from the instrument used in murder. This research has been done in the form of a library-documents that we first found the source in relation to the subject according to the subject and then studied the field by gathering resources.

Drug-related issues are one of the most serious issues in Iranian society and are important from various aspects of sociology, psychology, law, politics, etc. The link between crime and narcotics is one of the presuppositions that policymakers have always used to gain public confidence and the need for a serious and intense fight against narcotics, and have developed specific anti-narcotics laws. Research Method The present study is a combination of descriptive, documentary and analytical methods, the final analysis of which has been done by qualitative analysis. Findings show that the legal aspects of counternarcotics are to reduce supply, stop production, cultivation, manufacture, trafficking, distribution and consumption and use of drugs and diversions and based on the nature and nature of judicial and disciplinary Has been explained. The crime of producing and manufacturing narcotics is the production of one narcotic from other narcotics, and the legislator has not made any special distinction between the production and manufacture of narcotics, and any quality of narcotics or psychotropic substance has been created. Has been considered a crime. In the distribution and supply of narcotics, any ordinary act where it leads to the transfer and distribution of narcotics to others without receiving any money or money for them is a crime. Distributor ownership is not a condition for the crime of distribution. The Anti-Narcotics Law, in terms of the dimensions of drug use and use, is more inclined towards the criminology of drug addiction and has chosen a "criminological" approach instead of "pathological" addiction, although a new look and approach to the approach It also has soft (disease-treatment, rehabilitation and prevention).

Crona virus is a new desease which has caused many people to die in a short time and this transmitters play an important and basic role in spreading this virus. Investigating this virus in jurisprudence point of view makes a challenge that what is the lawful and jurisprudent results of viruse transmission to the others? If transmitter have committed to a crime and he /she must be punished? or must pays penalties and compensates the losses? It does have various aspects and every which does have certain law. It could be possible that he / she intentionally, transmits virus to the others consciously or unintentionally does that inadvertently and causes the others to die According to jurisprudence basic, making losses or damages, except for exceptions , is considered as crime and considering it is intentionally or else, leads to punishment or penalties. Recently, some of the religious authorities started to give idea of this important point and noted that transmitters are responsible for penalties and medical costs if he/ she does that carelessly. In this article which has done based on library method, it is attempted to provide accurate and credit answer base on jurisprudent - lawful literature according to jurisprudent basis