نشریه حقوق و فقه تربیت و کودک
پیاپی 13 (بهار 1402)

When you think about the greatness of the power and greatness of the God of the universe and look at the animals with the eyes of insight, you can see the kindness of God with the eyes of insight and touch it with your skin. Animals have natural rights and rights. Their rights guarantee the right to life - the right to reproduction - the right to receive alimony (obligatory alimony). Animals also have resurrection and life after death (animal resurrection). The truth of the principles of animal rights explains the fact that the animal is a sentient being with understanding and the power of speech. We need to consider how to maintain and deal with the strength and suffering it endures In this article, considering the sources available in Iran and the world and in consultation with our esteemed professors, we will examine the legal foundations of animals in Islamic and Imami jurisprudence and compare her with the Sunnis.

Orientalism is an all-encompassing intellectual current that was formed in the period of the Crusades in order to study, understand and discuss the nature of Islam and has continued until the present day. In recent centuries, orientalists have more seriously studied various aspects of the intellectual, political and social life of Muslims and have written many works in this field. One of the fields of interest of Orientalists is jurisprudence and the fundamentals of law in Islam, in which Orientalists have studied and theorized in a methodical manner. This article has analyzed the opinions of Orientalists such as Goldzihar and Shacht, who have significant views in the field of Islamic jurisprudence and law, with an explanatory and analytical method and by referring to library data. The results of the investigations in this research show that most of the views of this group of orientalists, including the acquisition of Islamic law from Rome or the beginning of Islamic jurisprudence and law at the same time as the expansion of conquests, due to the lack of access to authentic Islamic sources, are presented without careful study or in a biased manner. has been

With the spread of crimes related to online payment portals, criminal laws and setting penalties for financial crimes, the prevention of crimes related to online payments has faced serious challenges and harms, which has caused people to worry. Therefore, the aim of the upcoming article is to analyze the measures and solutions to prevent it by using the descriptive-analytical method. Disturbances in the data of electronic payment portals, withdrawals from other people's accounts, electronic forgery are among the crimes related to online payments. Software factors, lack of sufficient training on how to use payment devices and lack of sufficient monitoring of them, unauthorized access against confidentiality and banking computer systems, disrupting the functioning of the computer system, disrupting bank operational systems are among the factors of the occurrence of crimes related to Internet payments. Measures to prevent crimes related to internet payments have different characteristics, situational prevention measures, technical preventive measures for the security of websites, mandate not to disclose information and social preventive measures, especially preventive measures to protect the customer from electronic codes, customer attention to the announcements issued by the financial and information institution. Are.

The theory of nature is a fundamental and explanatory theory that is derived from a heavenly and kingdom truth which is the same divine deposit in the institution and existence of man, and it is called nature, which is a special and unique nature in his existence, and a special view of man and his rights in It has its individual and social life, and this view is one of the main factors that differentiate between Islamic and non-Islamic theories of education. In this theory, nature plays a key role in education, and it is considered the "foundation of education", "basis of education", "capital of education" and "destination of education", all of which somehow play a role in the formation of human rights. According to the theory of nature that is used from the verses of the Holy Qur'an, the verses of the Holy Qur'an lead us to a grounding process, to create a gradual transformation and flourishing of the natural talents hidden in humans in all dimensions (cognitive, tendency, etc.), by removing the defects and It indicates the shortcomings and in the direction of realizing the growth and perfection worthy of him. Therefore, in the current research, it is tried to determine based on the theory of nature, what goals should be considered in education, which is the most important reason for our knowledge about our own and others' rights. For this purpose, by using the descriptive-analytical research method, the educational implications of the theory of nature were defined based on the teachings of the Holy Quran regarding the goals. According to the research carried out, it was found that in the field of educational implications of the theory of nature in relation to the goals of education, the ultimate goal in Islamic education in various ways is welfare, salvation and being on the path of God's worship. And the intermediate goals that will lead us to the ultimate goal are: self-knowledge, correct worldview, development of human social personality, strengthening and cultivating the spirit of gratitude to parents, recognition of lasting and desirable values, and cultivation of virtue, strengthening and cultivating nature. Seeking the truth is strengthening and nurturing the desire for immortality, good life, etc.

In recent years, dowry payments have become an increasingly worrying issue in Iranian society. As a result, a growing number of young men tend not to get married. In this study, the primary purpose, history and amount of dowry according to the Qur’an, hadiths and jurisconsults’ sayings were discussed. Our observations showed that based on well-known jurisconsults’ opinions, there is no conflict between marriage contracts without dowry and the principle of freedom of contract, contrary to the Iranian civil law system which says no dowry marriage can be an effective way of encouraging people into marriage. Moreover, it might be possible that the inheritors of a wife would be not allowed to receive the dowry after her death if this condition was included in the couple’s agreement. The possible solution can motivate more and more people to get married. Finally, the proposed way of the dowry determination could not only guarantee wives’ rights but also prevent unreasonable divorces and promote a stable home. To conclude, the idea of compulsory payment of dowry to the wife may be an appropriate remedy for a slight decrease in the percentage of broken families and of those who see marriage as a business.

In wars, each side resorts to different war methods to achieve victory, one of which is the use of human shields, which can be Muslim prisoners or children and women. The question raised here is that if the enemies use this method, how should Muslims react to this action? The opinion of most jurists of Khamsa schools is that the lives of human shields should be preserved as much as possible, otherwise, in case of necessity, any attack and shooting towards the enemy should be aimed at those who are hiding behind human shields. Not for hostages.

Considering the issue of the husband's permission for the wife to leave the house, the social and economic rights of the woman should be considered as potential rights, the actualization of which depends on the permission of the man.Assuming that the wife has performed her obligatory and recommended duties at home, and in terms of fully maintaining the Shari'a rituals outside the home, if the husband is responsible for matters such as education, employment, peace of mind, and attendance at the congregational prayers of the mosque, etc. does not allow her to leave the house, practically the social, political and economic rights that Islam has provided for women will not come true, and therefore the woman's intellect, will and authority will not have a place in this category.Apparently, this Shariah ruling and also the issue of the right of a man to be the head of the family in some situations creates unfair social and economic restrictions on the wife and sometimes her hardship and embarrassment. In this research, by referring to jurisprudential sources and analyzing the proofs of the ruling on the permission of the couple in the statement of the jurists, as well as examining the concept of the ruling on permission, the extent of the scope of inclusion of the excluded cases of this ruling, compared to the scope of the exclusion of the ruling, i.e. the ruling itself, and finally with the help of the rules According to the jurisprudence, we will prove the guidance of this ruling.

Sometimes, as a result of careless actions and mistakes made by Irshad patrol agents, damage and losses may be caused to the people of the society. In this case, the question that arises is who will be responsible for compensating these people? In recent months, the lawsuits related to the complaints against the guidance patrol agents have increased significantly, therefore, special attention should be paid to compensation for the damages caused by the actions of the guidance patrol agents. Did he demand compensation from the government for the wrongful officer? In response to this question, it seems that the government is responsible for two reasons, both of which fall under the heading of responsibility due to wrongdoing: 1- Responsibility due to its sub-group in the executive branch, 2- Responsibility due to the deficiency of laws in the branch of the branch. legislature In this article, after discussing these two cases, we will discuss how to compensate the damage from the government.

The creation of virtual currencies on the basis of distributed ledger technology as a new topic in the virtual world, while facilitating, reducing costs and increasing the speed of value transfer, is the cause of transformation in the field of electronic commerce, monetary and banking systems, information and communication technology, etc. has been In addition to the usefulness of virtual currencies, it is possible to use them in some criminal activities such as money laundering, terrorism financing, tax evasion, buying and selling of drugs and psychotropic substances. On the other hand, the financial value of virtual currencies has provided the possibility of theft, fraud, hacking and unauthorized access to these currencies. The purpose of this research is to examine the criminal policies that deal with criminal activities related to virtual currencies. Accurate legal definition of virtual currencies and determining their legal nature, amending laws related to virtual currencies and approving new laws taking into account the unique characteristics of virtual currencies in cases where there is no law, determining criminal titles related to virtual currencies where possible There is no compliance with the current laws, cooperation with foreign countries and international institutions in the field of exchanging information and communications related to virtual currencies, concluding a memorandum of understanding between the private and public sectors, using and employing virtual currency experts and training prosecutors and judicial officers, among other solutions It is a proposal to control criminal activities related to virtual currencies.

The formation of a common security system in the Persian gulf region with the participation of the states of the Persian Gulf and far from any foreign forces has been always part of the foreign policy of the Islamic Republic of Iran. In this regard, The President of Iran, Hassan Rouhani, having realized this necessity and has proposed the Hormuz Peace Endeavour (known as HOPE )for the Hormuz Community in September of 2019 in order to provide a  framework for reaching sustainable regional security agreement in  the Hormuz community. Although, this idea was positive, endogenous, holistic and subject-oriented and proposed the gathering of states without any preconditions for resolving regional issues with the secondary role of world powers and under the auspices of the United Nations, but due to the deep-rooted and long-standing challenges of the region and the new balance of power, as well as the representation of the nature of global security in the Persian Gulf, it is still not welcomed and viewed with pessimism. Despite the cultural similarities and common needs between the countries of the Persian Gulf, the presence of foreign forces is an obstacle to achieving a security order for cooperation between the countries of the region. The Hormuz Peace Endeavour has the ability and capacity to lay the groundwork for a cooperative security order. This study seeks to express the strategic challenges and solutions to achieve the Hormuz Peace Endeavour.