نشریه مطالعات فقه اسلامی و مبانی حقوق
پیاپی 46 (پاییز و زمستان 1401)

As a feminist theory in the criminology of criminal courts, the theory of madona and whore women examines the barriers to women's access to justice. According to this theory, if women victims of rape fail to prove their guilt in court and are labeled as dishonorable, they lose their victim status and are punished by becoming criminals under the criminal title of "having an illicit affair." This study aims to evaluate the position of the theory of noble and non-noble women in the judicial procedure of criminal courts in a province of Khorasan Razavi, using the analysis of judicial opinions and in-depth interviews with judges, to examine the approach of judicial procedure to delinquency in rape. The findings of this study show that the procedure of criminal courts in a province of Khorasan Razavi and branches of the Supreme Court is that if the victim is not able to prove rape, they do not enter as a charge of "having an illicit relationship" for the plaintiff; On the one hand, the conditions set forth in Article 102 of the Code of Criminal Procedure do not exist in this case, and on the other hand, failure to prove violence does not mean obedience. Also, the existence of a previous friendship is not a reason to punish the victim. At the same time, the judges of the criminal courts of Khorasan Razavi and the branches of the Court, by adopting a humane approach and avoiding extremist feminist reactions,

One of the laws recently passed by the parliament is the tax on vacant houses. The legislator's motive is to increase the supply of housing and create a balance of prices between supply and demand, and the Islamic government is required by this law to collect taxes on vacant houses that have been left unused for various reasons. However, due to the lack of extensive and integrated research in this regard, the jurisprudential foundations of the tax are not very clear. Therefore, the question of the jurisprudential principles of this tax and the elimination of problems around it is an issue that needs to be explored until the answer stage. Based on the analysis based on the judgment of reason and in the light of revelatory teachings, the present article considers this tax as a financial punishment for committing a religious prohibition and has been compiled to prove it in two main parts. In the first part, the legitimacy of the principle of financial penalties is proved through four ways, one of which is punitive taxes. In the second part, the reasons for the sanctity of the obligation to maintain an empty house where some people need it or lead to disruption of the Muslim market are examined. The arguments used in both sections, the Qur'an, narrations, reason and rational manners approved by the Shari'a in the light of paying attention to the views of the great Shiite jurists.

In Iranian criminal law, a special criminal policy has been adopted to combat security crimes and punish imperfect crimes. And the regulation of the commission of a crime in law has been based on this policy. In this article with theoretical and library research method and with descriptive method And is analytical, seeks to examine Iran's criminal policy towards the beginning of security crimes according to the principles and foundations of justice We are criminal. From the point of view of the Islamic Penal Code, without Security crimes and the beginning of committing them violate security, disrupt public order and threaten the existence of the government, hence. . From the point of view of the Islamic Penal Code, without Security crimes and the beginning of committing them violate security, disrupt public order and threaten the existence of the government, hence. . From the point of view of the Islamic Penal Code, without Security crimes and the beginning of committing them violate security, disrupt public order and threaten the existence of the government, hence.

Generally, the inclusion of bankruptcy law in Iran's current legal system toward non-merchant debtors has created legal gaps in support of creditors and debtors.Explaining the promotional aspects of aflas law such as public credit to debtors, observing the principle of equality between debtors, Explaining the promotional aspects of aflas law such as public credit to debtors, observing the principle of equality between debtors, preventing the escape of religion and enacting laws in accordance with the principles of jurisprudence and Islamic law will lead to the diligment and promotion of business relations and will develop the economic and commercial system. On the other hand, with the passage of the Financial Convictions Act 1394, a separation was created between the Law of Ahsar and Afras and the Bankruptcy Act.Although this was done with the aim of clarifying the commercial law, but in the executive office, it encountered problems such as the increase of lawsuits and disruption of the economic system, therefore, in the present study, the restoration of the Law of Aflas in the bankruptcy system of Iran due to its inclusion and generality towards the trader and non-trader has priority and prevents disruption of the commercial system and economic order of the society and supporting the debtor and non-merchant. will bring.

Human beings today have a great place for their natural resources and environment. In Islamic jurisprudence, special rules have been set for natural resources such as pastures and forests. One of the important jurisprudential issues about forests and pastures is to study the possibility of endowment of these God-given riches. However, Islamic scholars have not opened an independent chapter on the endowment of these sources. Using bibliographic sources and descriptive, analytical and comparative methods, this study examines the reasons for the possibility of endowment of pastures and forests by individuals, legal entities and Islamic rulers in Imami and Hanafi jurisprudence - as the most popular public religion. Rational classification and comparison of the reasons for each of the aforementioned species provide the basis for the fatwa on the validity of the endowment of pastures and forests by these individuals in absolute or conditional terms and pave the way for the implementation of this type of endowment in society. According to the findings of this study, according to both religions, endowment of pastures and forests is permissible for natural persons if acquired. The endowment of these resources by the Islamic ruler and legal entities - of course with the permission of the ruler - is permissible in Imami jurisprudence, but in Hanafi jurisprudence this endowment by the above-mentioned individuals will not be permissible without acquiring ownership due to lack of primary ownership.

Criminological approach to the religious terrorismReligion has conflict functions as two sides of a coin in the field of terrorism. Accordingly, the relationship of religion and terrorist crime is very complicated. on one hand, islamic teachings of islam reject any violent behavior following the creation of peace and security in society and on the other hand, abuse of religion can lead to religious terrorism. The relationship between ideology and crime is among the topics that are not addressed in criminology. The ideology, however, leads to the heinous crimes and the most heinous crimes, including terrorism. Although different ideologies may cause crime, religious ideology is one of the most important issues that individuals commit to committing crimes with a commitment to religious teachings. in this context, religious ideology is discussed in the light of religious criminology. In this situation, criminology can enter to the prevention of religious terrorism with the etiology and appropriate approaches.

In the history of Islam, with the deviation of the Caliphate from the family of revelation, the Ahl al-Bayt (PBUH) were forced to follow the policy of Taqiyya in order to preserve Islam and revive the pure Shiite thought. Accordingly, just as they tried to observe the direction of taqiyyah politically and theologically, this issue was also important in issuing fatwas. Although taqiyyah is one of the special conditions which is different according to the requirements of time and place, caliphs, companions, sects and religious sects, and in general, the Imams (pbuh) gave fatwas based on the real rule and without taqiyyah, but there are several cases of narrations in jurisprudential books. Which has been carried to Taqiyyah according to the rules of jurisprudence and principles. And the narrations that indicate jurisprudential taqiyya are called jurisprudential taqiyya narrations. Considering the multiplicity of jurisprudential taqiyya narrations and the existence of conflict between these narrations, the author seeks to answer the question of what is the effect and position of agreeing with the popular religion in identifying the jurisprudential taqiyya narrations so that by recognizing them the jurist can resolve the conflict between these Do narrations deduce the real verdict from narration sources?

One of the subjects that are usually discussed by the lawyers at the beginning of the public employment issue is discussion about "legal nature of public service" and in this area, has been a lengthy discussion between lawyers of Administrative law. Accordingly, some of the lawyers, introduce the relationship between employee and government as a "contract" and others introduce it as a "unilateral legal act" and many of them introduce it as a relationship based on "law".The findings of this study show that due to the various missions of the executive bodies, it is not possible to use a single nature in justifying employment relationships. Accordingly, formal employment and command status is an administrative unilateral legal act; Contract employment, employment under the labor law, and employment of specialized retirees is an administrative contract for the rent of persons, and part-time employment is a private contract for the rent of persons.

The outbreak of Covid 19 since 2019 has posed many challenges to the world. During this period, people, on the one hand, seek to prevent disease by following guidelines such as social distancing and quarantine, and on the other hand, by adopting methods such as wearing masks, washing hands regularly, and using disinfectants such as alcohol. .. are looking to adopt a health-oriented lifestyle. Due to the rapid changes in social life during the coronavirus period, in practice, people experience a new life in this period. Although social distancing as a social theater is the main tool for regulating interpersonal relationships that determines how people relate to each other, in the pandemic period, the emphasis on the medical model of social distancing has confused people. During this period, rapid changes in social life not only destroyed the social balance in interpersonal relationships, but also affected criminal patterns. According to the findings of this study, the corona virus conflict with conventional forms of social life and repetitive patterns of human activities, has caused the collapse of normal patterns of social life and has created unbalanced structures in this area. In this context, citizens experience feelings of loneliness, fear, dissatisfaction, frustration, and anger from new situations due to the confusion caused by emerging patterns of behavior, and are influenced by new patterns of interaction to commit behaviors such as suicide, domestic violence, and economic crime.

What is always referred to as puberty as the beginning of the responsibilities and limitations of the obligated human being is the attainment of a girl and a boy at a certain age; But regardless of its religious basis, puberty is a natural phenomenon with the actualization of sexual talent and reproductive powers. The criterion and rule specified in verse 6 of Surah An-Nisa '. However, many narrations and news have mentioned various signs to interpret this stage of sexual ability and have stated different ages for it. The studies of this research show that the jurisprudential arguments presented to determine age as a criterion of maturity for individuals can be criticized and damaged. At the same time, these arguments contradict the truth of maturity mentioned in the verse. Because attention to maturity in terms of ability and fertility is affected by many factors such as climate and climatic characteristics. That is why in the narrations, various ages have been expressed that have dealt with the subject of the need of the addressee of the word. However, this issue has not been much considered in the fields of jurisprudence and law, and dynamic jurisprudence is expected to have a fundamental review of the issue.

Ta'zir, as the main punishment in the laws and regulations that have more application, must be clearly defined its limits and territory. In terms of its cause, ta'zاتr is divided into shar'i prescribed ta'zir and ta'zir for committing shari'ah prohibitions and violating government regulations in the Islamic Penal Code 9213. The purpose of this study is to explain the difference between ta'zیرr in committing shari'ah prohibitions and violating government regulations. Ta'zیرr in committing shari'ah prohibitions in the realm of ta'zاتr and whether it is a divine right or a human right. Its public status is due to the violation of the rights of society and disturbance of public order, and they also differ in the implementation of the rule of law. It is carefully understood in the jurisprudential principles and words of the jurists that ta'zir for violating government regulations in order to maintain public interests and public health and sanitize social relations is more extensive than ta'zir in committing religious prohibitions and the characteristics of this contractual ta'zir Being community-oriented means that ta'zir is related to the centrality of society and public order, and also has a general deterrent to ta'zir in committing taboos. Practical rules such as the principle of individualization of punishments, the proportionality of crime and punishment, and the inclusion of the rule of law can also apply to this part of government sanctions.

A citizenship is a person who is located in a certain political society and has a common citizenship with them, and citizenship rights are rights and duties that are provided by domestic law for a person because he is a member of a political society and has a bilateral relationship with the government Has been determined. Because these rights are created or recognized by governments, these rights are also violated by governments. The present article examines in a descriptive and analytical manner the actions that the Afghan government has taken or should have taken against Corona, which led to the violation of at least three generations of citizenship rights. Finally, these results were obtained that the right to freedom of movement, the right to access information on Number of Quaid19 patients and Deads, the right to Social insurance and access to medicines and peripheral equipment against Quaid19 have been violated in this country. Even the burial of the dead in Corona has not been regulated in this country.