نشریه پژوهش های حقوقی میان رشته ای
پیاپی 11 (پاییز 1401)

The issue of limiting the ownership of persons by the state is one of the most important issues in society. The main question of the research is, with what permission can the government restrict the ownership of individuals, and in fact, what is the jurisprudential and legal basis of the realm of state sovereignty in restricting the ownership of individuals?

It is descriptive study.

Ethical Considerations: 

All ethical considerations have been observed.

In sum, theories of restricting ownership can be divided into three categories: Absolute Freedom of ownership (Capitalism), Complete Limiting of personal property (Shared or Socialism) and Partial Limiting of personal property (Islamic opinion).

Justifications such as the primacy of public interest over private, expediency, the exercise of sovereignty by the state, and the jurisprudential rule of La-Zarar, can be a license to restrict the private property of individuals.

United Nations Convention on Law of the Seas 1982 is considered as a beginning of new era in international law of the seas. One of the most important issues in this document is about delimitation of maritime zones that amongst them delimitation of continental shelf and the rights of coastal state are given a great importance. This article has a glance to the sovereignty rights of coastal states and tries to answer the question that how obligations of these states is limiting the domain of their sovereignty rights.

It is descriptive study.

Ethical Considerations: 

All ethical considerations have been observed.

Article 76 of the Convention comprehensively includes the elements that constitute continental shelf, precise formula for delimitation, the process of delimitation and other related details. Even though in this document seabed and sub soil in the distance of 200 M from coastal baseline is inherent to the coastal country, however this country may extend its continental shelf beyond 200 M according to the requirements of the Convention. 1982 Convention recognizes sovereignty rights for coastal country in continental shelf which is related to seabed and subsoil however this country has some obligation toward other countries and international community as a whole.

Drunkenness means drunkenness and a state that is placed between a person and his intellect or is affected. Some Islamic thinkers consider Muskar as something that disturbs the order of words and reveals secrets, in other words, it is something that disturbs perception and intellect, and in most people who drink alcohol, with a sense of joy.

It is descriptive study.

Ethical Considerations:

 All ethical considerations have been observed.

Taking intoxicants is a Hadd crime and has unpleasant psychological effects and consequences. Today, it has been proven that Islam has chosen the right path in dealing with the issue of intoxicants. Current science has also proved that alcohol is, indeed, the root of all crimes and corruptions that cause the loss of intellect, thought, health and wealth, and the rupture of the family system.

The Islamic Penal Code discusses drunkenness in various articles. Therefore, the legislator has not criminalized drunkenness, but has criminalized the consumption of intoxicants, so that even if a person eats intoxicants but does not get drunk, even if it is a drop, he will be sentenced to the Islamic punishment named Hadd. Therefore, what has been important for the holy Islamic Shari'a is the consumption of intoxicants, not the state after it.

Beihaghi history is one of the most important works of Abolfazl Mohammad Ibn-e Hussein Beihaghi (385-47A.H), famous secretary of Gaznavid court. It has been written about history of Saboktagin dynasty from the beginning of his reign to early monarchy of Sultan Ebrahim Ibn-e Masoud. By citing real historical, socio-literary events of his age, this scientist has stated deep teachings about causes of social corruptions, occurrence of crime, methods of coping with offenders.

The research method in this article is content analysis.

Ethical Considerations:

 All ethical principles have been followed in writing this article.

Beyhaqi, in her valuable work, behind the narration of the story of Behdar-Avikhtan-Hasnak-Wazir, which is (caused by revenge, sedition and accusations of blasphemy), It describes the criminal atmosphere governing the society of that time and presents various horizons of concepts with the aim of explaining a certain structure of the criminal policy of the time in a documentary manner. It is more to express the fact that the lack of social base and the labeling process and the defective structure of criminal policy have been effective in criminalization and punishment and this issue causes the formation of the belief that the approach of criminology and criminal policy to crime also has a historical reading. This study shows that in this historical event, the manifestations of social reaction criminology and the application of risk-oriented, anti-segregation, populist and punitive criminal policy have been emphasized.

The intrinsic authority of certainty is one of the issues that the famous jurists have accepted based on the Akhund Khorasani opinion and sought to prove it with theological, rational or rational reasons, and have made it the default of many principled issues, but from the point of view of Sadr and Imam Khomeini, these reasons are not complete and unacceptable. This article attempts to provide an acceptable and reasonable solution based on the principles of martyr Sadr and Imam Khomeini in this regard.

This article was done based on descriptive method.

Ethical Considerations: 

All ethical principles have been followed in writing this article.

According to Imam Khomeini's principles, unlike Martyr Sadr, certainty is not inherent, but both of them believe that the reason for the authority of certainty in religious rulings is due to rational reasons, which can be concluded from some of their jurisprudential rulings.

One of the complex issues related to building pre-sale contracts is determining the nature of the arbitration clause, which the legislator has required the parties to include in the pre-sale contract. Because even though the arbitration clause is included in the said contract by operation of law and according to Article 20 of the Building Pre-sale Law, that the arbitration of the subject of this law will be subject to the rules of civil procedure of public and revolutionary courts, still many issues such as the effect of the non-acceptance of arbitration by one or more appointed arbitrators, the death of one of parties, and the agreement on its termination, etc. are not clear.

The research method in this article was descriptive-analytical.

Ethical Considerations:

 All ethical principles have been followed in writing this article.

Although the arbitration clause is included in the pre-sale contract of the building, this clause is not an arbitration agreement in the common and complete sense and lacks the stage of submitting the matter to arbitration - which is considered the founding document of contractual arbitrations.

The absence of arbitration by prohibition or the death of one of the parties, the impossibility of its termination, and the pre-sale contract of the building is an absolute mandatory arbitration.