فصلنامه پژوهش های فقه و حقوق اسلامی
سال نوزدهم شماره 1 (پیاپی 70، زمستان 1401)

While issuing of interim and conservatory injunctions is an uncontroversial powers of  judicial courts and it divided between judicial court and arbitral tribunal in international arbitration litigation, the possibility of issuing of them was a controversial subject and equivocal and doubt in domestic arbitration hearings. Although it is acceptable on the light of principles of denying of vacuum of adjudication and some jurisprudential rules, some writers rejected the possibility of them in domestic arbitration hearings generally and some accepted in general. In addition, there isn't any consensus about tribunal that issues above injunctions in domestic arbitration hearings with supposition of it's possibility. In spite of that some are believing that issuing of them is an inherent heritage of judicial courts, others believe that issuing of them is possible by arbitral tribunal, specially where the parties of arbitral litigation agreed or with judicial Tribunal in turn or Instantaneously. Undoubtedly the interference of judicial courts in issuing of them before establishment of arbitral tribunal and conflicting with third party right and mandatory enforcement of them against whom they issue, is necessary. 

In today's media world, it is one of the major social issues in jurisprudence. Therefore, its umbrella has spread over all subjects and has covered and affected everything from religion, culture, art to economic, welfare, political, security, etc. issues.
With this statement, during the extensive activities of the media, the real or legal personality may suffer as a result of media attacks, which is an example of war and terror. In this case, the main point in terror is to create terror, lawlessness, violence and lack of rules, which can be seen abundantly on radio, television, cinema and cyberspace, and the result is to change people's behavior. Now the question arises, where is the position of jurisprudence and its foundations in confronting the assassination of real and legal personalities? It is assumed that according to religious ideas, support of society, guarantee of public order and protection of individual rights, a punishment is considered for the wrongdoers and perpetrators of media crimes, and the guarantor of the damages is specified and the method of compensation is stated. . The jurisprudential foundations clearly show the customary and Sharia responsibility of the media. To reach this hypothesis, a descriptive-analytical method has been used. The purpose of this research is to formulate comprehensive laws based on the existing facts in this field.

In the new punishment of law, for any unwarranted or deliberate crime is Diya, but Does Diya also be multiplied by the multiplicity of crimes committed, or are a Diyat paid for all crimes? In diya interference Diego smaller damage in the damage absorbed is greater and the multiplicity of crimes against the Islamic Penal Code of the plurality of interference diyah and is considered something exceptional. The law limited materials related to interference diya mainly from Tahrir Imam Khomeini (RA) is adapted In rare cases, interference report on atonement and atonement in the report is accepted by the legislator. In this paper, due to the differences in the issues of interference and interference crimes diya and allocating the articles of the Penal Code Act 1392 to this topic After reviewing different forms of interference or non-interference in accordance with law and the rulings of Islamic law diya Shiites and Sunnis have tried to obscure aspects of the law is clear Article 543 of the Penal Code interference condition created as a result of injuries unit, and units of real damage being located in a single or multiple injuries the customary unit is considered the And the above-mentioned stipulations is considered to be interference. The laws on conflicts of interest if the interest is vested with the member and the member’s interest in the ongoing crime of interference is known to be eroded and other forms of interference are also not mentioned.

With emergence of vehicles, one of the essential needs of humankind was met and an important step was taken in the field of speeding up the transportation of people and goods. Along with all developments, the vehicle still has a special position in transportation, but at the same time, the damages caused by vehicle accidents and its compensation are always considered in different countries so that the annual statistics of damages caused by vehicles are more than any other factors. Accordingly, the necessity of having regulations that easily guarantee the rights of the victim is felt more than before. The civil liability of the owner is always raised in emergence of the damages caused by these incidents. Contrary to Iranian law, except for the provisions of the Compulsory Insurance Law approved in 2016 that seems the responsibility of the owner is subject to the general rules of civil liability, the responsibility of the owner is determined in the laws of the common law countries in such a way that the damages caused by vehicles are compensated as much as possible. In addition to expressing the concept of the owner and his/her civil responsibility, the present paper deals with foundations and obstacles of civil liability and determining the person responsible for the damages caused by these devices, according to the relevant laws of the applicable countries and the evidences of Islamic jurisprudence.

The Nafaqah financial system is one of the effects of marriage and one of the fixed rights of the wife and is one of the responsibilities of the husband in Islamic jurisprudence. All Islamic sects agree on the need to pay alimony to the wife; yet they are not unanimous on the basis of proving the cause, and marriage contract, imprisonment, tamkin, obligation by contract and establishment by tamkin, tamkin and ehtebas, dukhul of an adult husband or summoning of the husband to conduct dukhul (of course, if the conditions are met) and the right of headship and guardianship over one’s family have been introduced as the principles and causes of rendering Nafaqah to the wife. Using a descriptive-analytical method and adopting a comparative approach between different Islamic sects, the present study investigates the views of jurists. The result of induction and investigating the above views is the acceptance of the theory of Tamkin as the basis for proving Nafaqah of the wife; as all of other views are in harmony with the purposes of Sharia, and the purpose of marriage is the general mission of the family foundation.

Bankruptcy reorganization and liquidation is, in fact, an attempt to revitalize trade activities of a businessman. This act of reorganization is carried out in order to support a businessman who has gone out of business due to insolvency. In jurisprudence, the term “bankrupt” is synonymous with Mofles (insolvent), but the exact meaning of Mofles and when it can be applied has been subject of controversy. Reorganization of bankruptcy is actually based on Procrastination in repaying debts according to the jurisprudential principles. It goes without saying that every individual is tasked according to their potential, and entrusting insolvents with non-bearable obligations flatly contradicts this. The process of bankruptcy reorganization As an innovation of this work can be carried out under specific conditions within the context of gratuitous contracts such as gift, conclusion of peace, endowment, charity, relief from obligation, loan agreement and the payment of zakat, which are all recognized as obligatory-moral rules. In fact, in jurisprudential channels, the beth din (house of judgment) can gratuitously show lenience towards the bankrupt person before the issuance of the bankruptcy verdict in order to help them reorganize their business and extinguish their liability towards debts arising from their bankruptcy. This extinguishment is dependent on jurisprudential rules.

Examining the jurisprudential reasons for "vacant house tax" is an important step in the conclusion and implementation of the tax law on empty houses, as is the purpose of this analytical and descriptive research, which is a library-type method of collecting information. On the other hand, despite the importance of this issue, the entry of jurisprudence researchers in this field even after the Islamic revolution and the formation of the Islamic government was very weak and weak, and therefore this research is completely new and innovative.
The findings of the research indicate that the juridical legitimacy of the "vacant house tax" can be proven with three reasons: a) the approval opinion of the ruler of Sharia (with legal approval and the approval of the jurists of the Guardian Council). b) With the reason of "reason" through examining the aspects of the issue in terms of real advantages and disadvantages. c) The rules of "harmless" and "harmless", by proving the loss and harm of the absence of tax on an empty house.
Generalities and principles such as "be faithful to the contracts", "Muslim fulfills his condition" and "principle of correctness of action" are unable to prove the jurisprudential legitimacy of "empty house tax". As the arguments of the opponents under the heading 1- conflict with the rule of subordination and property rights of individuals 2- conflict with the rule of the need to protect the economic and social order and prevent system disruption, are weak and they do not have the power to contradict the supporting reasons.

Undoubtedly, the issue of gender change is one of the common and problematic issues in today's society. This research examines this emerging phenomenon in jurisprudence and criminal law. Due to the existence of many assumptions, the only ruling on the issue of gender change before the crime occurs is examined in the chapters of Hudud, Qisas and Dayat. After examining and examining the evidence, it can be said: Although the application is necessary to follow the rulings in accordance with the state after gender change, but due to the doubt in concluding the matter in the state after gender change, it is not correct to adhere to the application. Also, although it may be necessary for a reason such as rational basis, to consider the state after gender change, but in the chapters of Hudud and Qisas, the specific rules of these chapters such as the rule of caution in temperature, the basis of Hudud on discounts and the rule of Dara due to the importance of the chapter of Hudud and Its retribution and seriousness, as well as the special sensitivity of the Shariah to these chapters, especially when they lead to blood, govern the foundation of rationality, and because of narrowing, it narrows the subject of reason, such as the foundation of rationality, to definite cases in these chapters, and accordingly The requirement of these special rules is the implementation of the least punishment in this matter. This government is in accordance with the taste of Sharia in these chapters. In the matter of diet, considering the non-flow of the above three rules, it is necessary to consider the condition after the change of gender and, accordingly, infer the verdict based on that condition. In case of insisting on not accepting the rational basis, the basic rule is the process of assihab, according to which the state before gender change (primary creation) is assihab and the ruling is deduced based on it. In all of these cases, it is not possible to insist on the signs and correctness of carrying as signs of truth and understanding of the meaning, because there is a flaw in their meaning.

It is widely-held by Imami jurists that if confession, which is one of the methods of proving a lawsuit, happens twice, it proves the punishment (hadd) for theft. According to Article 172 of the Islamic Penal Code of Iran (passed in 2013), the legislator sees eye to eye with the famous or widely-held opinion. Meanwhile, some early jurists have explicitly opposed this notion, and it is also deciphered from the words of some more recent jurists that they also disagree with this position inasmuch as they maintain that a full confession made only one time shall suffice for proving the hadd (punishment) for theft.  Considering that the narrations cited by famous jurists can be undermined in terms of their "chain of transmission" and "denotation" and no other convincing proof has been presented in this regard, and also, in view of the existence of authentic narrations indicating the sufficiency of one confession for proving the punishment for theft as well as the conformity of this saying with the generality of the proofs of the validity of the confession and the traditions that prove the punishment for theft by confession, the writer considers one confession that meets all the conditions to be sufficient for proving the punishment for theft.  

The Islamic Penal Code has been silent on the possibility of a "pardon" of Johnny by Majni Alayh against the possible future spread of the crime of intentional assault. Reference to authentic Islamic sources and fatwas indicates that the present issue is the source of disagreement among jurists, so that the well-known jurists, mainly because such an amnesty requires our removal, do not consider it correct and remove the guarantee from They do not know the next infection. The second view considers such an amnesty to be a valid will, which is valid and effective for up to one-third of the diyat, and more than one-third of which is subject to the permission of the heirs. In contrast, some other contemporary jurists, without justifying this pardon by will, have absolutely ruled that such an amnesty is correct, which, in turn, guarantees the removal of any further contagion for Johnny.
The present article, with its descriptive-analytical method, while re-reading the jurisprudential principles of the proposed views and using the available documents and approvals, has considered the third promise to be defensible. The proposal of the present article is that the legislature, with the aim of creating the unity of judicial procedure, by adding a legal article, to give legal validity to the "correctness of pardon from contagion and non-guarantee of life".

Annulment as one of the reasons for the dissolution of the marriage contract means that the marriage contract which was first correctly concluded, is destroyed without the intention and will of the parties and according to the law; Therefore, the annulment of the marriage contract is a forced dissolution, which means that the marriage contract is automatically dissolved without the need for any other legal action, leaving no choice for the court or the parties to the contract. Marriage is annulled by the death of one of the spouses; that in the case of discussion, the issuance of a presumptive death sentence, like other cases of annulment of a marriage contract, causes the forced dissolution of the marriage from the date of the issuance of the sentence, and if the invalidity of the presumptive death sentence is determined, the effects of the issuance of the sentence will be nullified as much as possible; Therefore, in the matter of marriage, in the case of proof of the absentee's life and her return, if the absentee woman has not married; The woman remains married to the man and the man has the right to appeal; However, if the absent woman has married a husband, the second marriage will be valid, because it was done according to the law. The principle of applicability of the presumptive death sentence to the marital relationship, which is explicitly accepted in Egyptian law, is also in accordance with legal and jurisprudential principles, and with the issuance of a verdict, its effects and rulings on the relationships of spouses, such as alimony, inheritance, dowry, adah, and custody, and Joint custody of the child will be applied 

Considering its direct relation to human soul and dignity, penal jurisperudence is always dependent upon Nas(text). Thus, any violation or restriction of the scope of the sentence requires a valid religious reason about the case. However, in addition to the one-propositional approach to religious evidences, a holistic approach to a set of religious evidences and the implications of this holistic view can be proposed. This implications, which can be categorized in the form of concepts of sharia purposes, similar reforms, and general rules governing jurisperudence, represent the general bias and orientations of legislator in the position of legislation. Theoretically, the authority of the ruling based on such an approach can be proved according to some Quranic evidences and the validity of the concept of induction and spiritual continuity. As Jurists have stepped in to develop and deepening of juristic judgements by taking an holistic approach toward islamic evidences and its implications. Paying attention to the population, emphasizing on the prevention of crime, paying attention to specific criminal groups, avoiding the tormenting character of punishments, etc. are only part of the results of citing hypertext implications in penal jurisprudence.