فصلنامه پژوهش های فقه و حقوق اسلامی
سال نوزدهم شماره 2 (پیاپی 71، بهار 1402)

The right of goodwill and the right of business and occupation are both of the accrued rights, and while they have similarities, they are different from each other. Goodwill is an amount that the owner takes from the tenant at the beginning of the lease, apart from the leased property, in order to rent and transfer the place to him, but the right to earn or trade or profession is a right that is created as a result of economic prosperity in the place and due to the activity of the tenant. comes. In some cases of endowment of commercial properties, there is a conflict between the two mentioned rights and endowment rights, which has many consequences in practice. If the commercial property is leased with the right of goodwill or the right of occupation is assigned to it, with the passage of time, there will be practically no benefits to spend for the purpose of endowment. On the other hand, the laws have recognized both the right of goodwill and the right of business and profession. Based on this, in case of stopping the lease or selling the endowment property or changing its use or any action that causes the loss of the provisions of the original contract, if the tenant has not violated the provisions of the law and the original contract, there is no right to ignore these acquired rights. However, if the tenant's violation is confirmed, or if the tenant has closed the leased property during the lease period, he will not have the right to trade, because basically, the tenant has no right to qualify for the privileges of commercial premises. Regarding the endowment rights, the laws and consensus of jurists show that there are two solutions in the above conditions: 1- Changing the use and revitalizing the endowment, 2- Ending the endowment.

Judicial justice is one of the biggest goals of any judicial system, which has been raised as a value in legal systems. The concern of Islam is also evident in the implementation of justice and the establishment of justice based on Sharia standards in this field. On the one hand, the implementation of judicial justice requires the participation of citizens in providing timely and correct information about the occurrence of a crime, and on the other hand, it requires accurate and fast actions of the judicial system. Any action that delays the discovery of the crime and the identification of the accused and leads to the misleading of the judges handling the case and the escape of the accused from the clutches of justice, or leads to the reduction of their role in the occurrence of the crime, or makes innocent people into suspects. to accuse, it will put the execution of justice in a halo of ambiguity, and finally the order and security and public interests of the society will be under threat. Finally, in this research, using the descriptive and analytical method, it is concluded that false statements, in addition to bad consequences in the process of handling cases and delaying the proceedings, cause people's skepticism towards the judicial system, Iran's legislator except in cases Especially due to the lack of an independent chapter with the name of crimes against judicial justice, special attention has not been paid to the crime of informed false statements as a crime against judicial justice, and the need for a new look at the criminalization of false statements in line with the implementation of judicial justice.

In terms of volume and high value, government contracts are of interest to business activists and private sector businessmen. Government contracts, like other contracts, must have the basic conditions of correctness of transactions. In addition, Article 79 of the Public Accounts Law stipulates another condition for the conclusion of government transactions, according to which the conduct of government transactions must be through tenders and auctions, and the terms of auctions and tenders are also in the Public Accounts Law and other regulations for government agencies. It has been specially established. Despite this, the legislator is silent about the role of certain conditions in the formation and conclusion of government contracts. This has caused the nature of government contracts to be ambiguous; Among other things, considering the general rules of contracts and the special rules contained in the special regulations of government transactions, when will the request be issued in government contracts and as a result, what will be the time of concluding the contract? It will be very important to accurately determine the time of issuing the request and the time of concluding the contract, considering the large volume of government transactions and maintaining the rights of the parties to the contract. The results of this research show that there are three stages from the beginning of the tender and auction procedures to the signing of the contract. Publication of tenders and auctions, price proposals from bidders and auctioneers, and finally signing the contract. It seems that the call for tenders is neither a requirement nor a contract, but rather an invitation to make a transaction, and as a result, the price offer of the bidders against the call for tenders is a requirement. Therefore, by determining the winner and concluding the contract, government contracts are concluded.

Every lawsuit has two parties, the plaintiff and the main defendant; Maybe some people like the lawyer, executor, guardian, heirs, or deputy are also involved in the lawsuit, but they actually enter the lawsuit as the main plaintiff and defendant. If other than the plaintiff and the main defendant (their dependents), another person is also a beneficiary in the lawsuit, he should enter the lawsuit under the title of "third party"; "Third-party entry" or "Third-party acquisition" will have special provisions. The results of this research showed that in Iranian law, the conditions for filing the said lawsuit are not mentioned in the legal articles related to the third-party claim. But there are two related conditions or the same origin. In order to file these lawsuits, the American legislator has provided three conditions of a common action or legal event, a common judicial or subject matter, and having an interest in the main issue to file these three lawsuits. These conditions of the American federal law are similar to the Iranian procedural law. . Regarding the third entry, the situation is slightly different. The third party cannot always be considered as a defendant, which has been proven both in Iran's civil procedure and in the American federal law.

Today, the issue of buying and selling Thesis has spread consequences on the country's education system. Therefore, in order to solve this problem, it is necessary to collect the opinions of contemporary Jurisconsult regarding the trade of the Thesis, its obligatory sentence and its conditional Sentence, and its position in the subject law of Iran. In this article, by descriptive-analytical method, the results indicate that according to contemporary jurists, if according to the regulations, writing a Thesis is one of the duties of a student, it is not permissible to assign and write it for another and earning money from it. According to the verses and hadiths indicate the obligation to follow the law, the obligation of justice and fairness, the sanctity of donating sin, the sanctity of lying and the sanctity of wasting the rights of others, and the rational arguments of the obligation to maintain the system and the sanctity of disrupting it and fraud, Since it is one of the examples of transactions, therefore, the example of acquiring property is invalid, so it is also haram to seize the trade property and earn income. In Iranian law, the legislature criminalizes this under the heading of fraud

There are three kinds of death Punishments in Islamic law: Retaliation, Hadd or death ascertained execution and Tazir or not- ascertained death execution. Sometime after execution and death ratification by the physician, there appear the signs of life in the offender. The question to which this study, an analytic one is going to answer is that whether it is permissible for the judges to execute the offender in this case or not. The Islamic criminal Law of Iran following the majority of Imami jurists accepts the view that the family of the victim have the right to ask the execution of the offender due to the concept of some verses of the holy Quran and some narrations. The outcome of this study is that in the case of the retaliation it is trough but The outcome of this study is that in the case of the retaliation, it is trough but in the case of Hadd or death, ascertained execution it is not permitted when the offence is proved by his assertion, and the offender suffers the enforcement of the punishment. And Finally in the case of not- ascertained death execution it is not permitted at all due to the lack of proofs.

In Article 91 of the Islamic Penal Code approved in 2013, Iran's legislator has implicitly considered it necessary to verify the criminal maturity of the perpetrator in order to impose the maximum punishment or retribution on adults under the age of 18 years, which has caused disagreements among jurists and judicial practice. and it is not clear that upon reaching the age of puberty, is the principle of penal growth or the principle of non-penal growth? The authors, using the descriptive-analytical and library method and with the aim of providing a logical solution in this regard, while expressing different views, came to the conclusion that the sentence contained in Article 91 of the Islamic Penal Code has a Sharia precedent and He is a jurist and the legislator under the title of "growth and perfection of intellect or understanding the nature of the crime committed or its sanctity" by accepting the opinion of the minority of the ancient jurists as well as the opinion of the contemporary jurists, implicitly raised the issue of penal growth in crimes requiring hadd or retribution committed by adults. Under 18 accepted. Also, in this legal article, the legislator has considered the principle of non-attainment of growth for these people.

In crimes against persons through indirect cause, the perpetrator does not directly cause bodily harm. Rather, it provides an instrument to commit a crime. In these crimes, unlike some legal systems that consider fault to be necessary in order to verify the link between the causal behavior and physical injuries, in Imami jurisprudence, the main criterion is "odvan". "Odvan" can be defined as an illegal behavior by extrapolating the existing partial rulings about the causes of responsibility from jurisprudence books. Hereto two general rules regarding the role of "odvan" in such crimes could be explained. First, the rule of "non-responsibility of the owner in his property except with proof of odvan". Second, the rule of "responsibility of the perpetrator in other than his own property, except by removers of the responsibility". Islamic Penal Code, in the sixth chapter of the Book of Diyat, about the causes of responsibility is satisfied of translating the related issues and rulings from jurisprudence books in the form of partial rulings, and it has not paid attention to the role of odvan in crimes. In this research, an attempt has been made to revise the relevant general rules with the analytical descriptive method and to provide a scientific basis for solving this legal deficiency.

Since Islam is a religion of mercy, punishing people without informing them of his commands and orders is against the mercy and dignity that God has placed in the nature of mankind. The conclusion is that in Islamic jurisprudence, especially Imamiyah jurisprudence, many principles and foundations are available to the people from the side of the jurists and their inferences from jurisprudential sources regarding the prohibition of the punishment without notification and notice, such as "shamefulness of punishment without the declaration of law", "the presumption of innocence" etc. The purpose of this notice in modern criminal law is to ensure the peace of mind and preserve the human dignity of accused persons, so that in the shadow of this principle, on the one hand, they will not be condemned without reason and only based on suspicion and the other hand, their punishment under the disobedience of the judges should not be more than what they deserve. The scope and content of the principle of notifying the obliges of their obligations to punish them in Imamiyyah jurisprudence are certainly clearer and more comprehensive than the principle of legality of crime and punishment because the principle of stating the obligation is not only about issuing it but also about receiving it while in law, the principle of awareness is placed on the issue of law. In the criminal law of Iran, although this principle has been accepted in principle despite the rich source of Islamic jurisprudence, in several cases, especially in the Islamic Penal Code approved in 2013 and the regulations of the courts and special clerical courts approved in 1990 amended in 2005, it has been conspicuously ignored

There are three hypothetes about whether rights can be prices and goods or notin writing buying contracts amony Foghaha (Jurisconsults) and Lawgers: Some don't accept transferring rights at all and think it is just for property. Some others accept it The third group thinks it is construable. They think there is a difference between changing and invalidiation of rights. They accept invalidiation of rights. In the present research, the content is presented with the descriptive and qualitative analytical method, taking into account the evidence The results of the research show that the definition of property is the same as the definition of sale in the eyes of the latter for the purpose of eviction of rent And the jurisprudence also refers to the same thing, and the definition of sale is true for the purchase and sale of rights, and rights can also be replaced, and the evidence of the validity of the sale also indicates this.

Jurisprudential rules form the basis of our country's civil law. Accordingly, In this paper, while studying the “al-Kharaj be al-zaman” rule using a descriptive-analytical method, its legitimacy is confirmed by ensuring that the issue of the narration is from a Massoum (AS) due to the existence of similar narratives to the rule, the practice of earlier jurisprudents and non-contradiction with jurisprudential principles. Because this narrative is damaged in the Shiite sources but is well-known in Sunni sources as a Fatwa reference. On the other hand, the difference between the latter and earlier jurisprudents views about the acceptance of a weak hadith clearly reveals the change in the criterion of a weak hadith for the earlier and latter jurisprudents. Because the earlier have considered the confidence in issuing hadith from a Massoum (AS) as the criterion of authenticity. The rule states that the profit is subordinate to the property of a commodity, and the guarantor of a commodity will be profited from the benefits. The concept of “Zaman” in the rule includes two different views. In this paper, while discussing both views, the importance of the aforementioned rule in the economic resilience and the role of taxation in providing economic security are addressed according to Imam Khomeini's governmental sight to the rule. Obviously, the emergence of the emerging issues necessitates the importance of achieving jurisprudential rules in the context of time and place.

One of the important issues in the natural child is the issue of lineage, which means whether the natural child has a lineage and can have parents or not. And does he have all the effects of legitimate descent like a legitimate son. Many opinions have been raised on this issue, some believe that a natural child is like an illegitimate child, which has no lineage and does not join its parents, and another group believes that a natural child, although born from a forbidden relationship, belongs to the parents and all the rules of descent are established between them. In this research, we came to the conclusion that a natural child is not an illegitimate child, he is attributed to his parents, but due to the lack of marriage relationship between his parents, he only has some traces of legitimate descent; means, the sanctity of marriage, custody, guardianship, alimony; and these children do not inherit from their parents. However, the cloned child is considered a twin with the owner of the cell, and the parents of the nucleus donor are the parents of the cloned child.