فصلنامه حقوق اسلامی
سال نوزدهم شماره 4 (پیاپی 75، زمستان 1401)

Islamic state is obliged to establish security of the citizens and justice. Sometimes, some people suffer harms for which, for some reasons, the one who has caused such harms apparently cannot be expected to compensate harms. Is there any responsibility for the state in such cases? Though, it is pre-assumed that there is no responsibility for public treasury, in the Punishment Code 1392/2013, however, in many cases it has been noted that blood-money should be paid from public treasury to the victims. Such cases may be classified under 4 titles: - Crimes unintentionally committed by statesmen;- Paying blood-money of the criminal or difference with her/his blood-money;- Paying blood-money to the victim in addition to the criminal;- Paying blood-money from public treasury on behalf of the criminal.Each of these four cases has its own principles and faces its own challenges which, sometimes, makes for one difficult to understand the legislator’s policy.Studying the above four cases and briefly mentioning their principles, the present article goes to explicate the present challenges and ambiguities in each case and, while, making suitable proposals, tries to improve the Code.

In March 2020, the outbreak of the new coronavirus (Covid-19), which was eventually declared an epidemic by the World Health Organization, changed daily life. In the case of Corona, a wide range of issues related to contract law are of particular importance. After Corona, we are faced with an unprecedented situation that has caused contractual obligations or due to closure and social distancing due to the requirement of the approvals of national institutions, to face it or its implementation is very difficult, and therefore to strengthen the legal doctrine in This emerging situation, the status of this contract should be examined and analyzed at the time of the outbreak of this epidemic.In this article, we are talking about one of the legal challenges that this event has created to the student dormitory rental contract. In this article, we intend to analyze the situation caused by the outbreak of the corona in relation to the student dormitory rental contract by examining the criteria set out in the law of the British and Iranian contracts. This paper shows that in the context of Corona, the doctrine of force majeure and hardship play an irreplaceable role and allow the risk of such a crisis to be evenly distributed among the parties to the contract.

Artificial intelligence is a branch of computer science that aims to make computers intelligent enough to achieve functions similar to or even beyond human abilities. Considering the pervasive development and usage of AI in many fields, views of some contemporary Imami jurists about the usage of the weak artificial intelligence which currently exists, and the usage of the general artificial intelligence which is supposed to be achieved in the future and would have all human abilities, seem necessary to be collected and compiled and then their jurisprudential ruling be inferred and extracted. Through implementing the descriptive-analytical method, the results show that some Imami jurists do not allow the weak artificial intelligence to be used as a judge. In the case of the general artificial intelligence, some have considered its permission to be used not unlikely and others believe that it is not permissible to be employed. Based on the Quran, hadith and conditions of the judge, inadmissibility of the weak artificial intelligence and permissibility of the general artificial intelligence usage as a judge is more convincing.

In Iranian criminal law, the Computer Crimes Law adopted in 2009 is the most important law against these crimes, and Articles 12 and 13 of the Computer Crimes Law (Articles 740 and 741 of the Code of Criminal Procedure) are dedicated to theft and computer-related fraud. Some methods of stealing digital property in cyberspace are not covered by these articles, and some criminal behaviors are subject to several criminal titles, and the jurisprudence in applying criminal titles to these cases is fragmented. The research method is descriptive and analytical in terms of collecting library resources and in terms of content. The main question of the investigation is that the criminal title of cyber hacking methods is to deceive people with card-to-card; What is the misuse of card applications to card holders, phishing and farming? The result of the research is that the criminal title of these behaviors varies from case to case and according to the circumstances. The criminal title of stealing property by deceiving people with card-to-card is a traditional fraud, and if the elements of traditional fraud are not found, the criminal title of education will be illegitimate. If the theft of the property is by abusing the card request to card the cardholder from another, according to the conditions of the criminal title, theft may cause limit, cyber theft and cyber fraud, and if the theft of property by phishing or

The upcoming research aims to examine the fundamental rules in transcendental wisdom around the question, what is the mechanism for the development of fundamental rules in transcendental wisdom? The answer to the present question requires attention to two parts of the ontology of fundamental rules and the methodology of discovery of fundamental rules in the space of transcendental wisdom. The ontology of the fundamental rules according to Mulla Sadra's foundations is in the three parts of ontology, psychology and epistemology in the part of developmental rights, which is realized despite the right holder and does not need to be falsified independently of the right holder. The second part is the methodology of discovering the fundamental rules based on referring to the creation, which the creator has given to creatures at the beginning of their birth. Based on this, it is possible to access the fundamental rules in the three parts of natural rights, instinctive rights, and natural rights, taking into account the rule of practical reason that says "Act according to your nature". Natural rights are the rights that are formed based on the plant self, which can be referred to as the right to plant life, the right to nutrition, the right to grow, and the right to marry. Instinctive rights are obtained by taking into account the animal soul, which can be mentioned as the right of animal life, utilitarianism, defense, and the ultimate natural rights arising from the human soul, which the right to human life, the right to worship and worship are some of them.

Transparency of MPs' votes" is one of the categories that oversees parliamentary transparency, which has become mandatory in parliaments in recent decades in parallel with technological advances in some democracies. The fact that it is considered a fundamental step towards the characteristics of good governance. In the Islamic Consultative Assembly of Iran, "the plan for the transparency of the votes of the deputies was presented in the open court of the Assembly on October 28, 2017 and its urgency was approved, but after two years, no decision has been made yet. This description of the present article raises the question of what are the advantages of the transparency of the votes of the representatives over the non-transparency of the votes. ? In this regard, an attempt was made to deal with the transparency of votes with categories such as democratic necessities, civil institution building, the religious rule of Ashar, and the culture of transparency and accountability. According to the findings of this article, any political system that can exercise transparency in its affairs, especially in the system of voting of representatives, is equally far from political and economic corruption.