نشریه مطالعات میان رشته ای فقه
پیاپی 13 (زمستان 1402)

Women's rights is one of the main issues that has been focused by jurists and lawyers. From a legal point of view, considering women's natural rights is the initial step to realize their rights. This main point can be achieved just by adverting some particular circumstances that they may experience via their lives.studying jurisprudence areas is not sufficient for legislation, so to find a better understanding of legislation, this situation should also be examined from the perspective of psychology and medicine context. One of the big gaps in women's rights is neglecting women's rights during menopause, childbirth and especially her monthly discomforts.In all contemporary legal systems focusing on the rights and responsibilities of women during menstruation -as one of their natural rights- is a necessary basis for the development of laws and citizenship rights.

This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

Ethical Considerations:

 In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

Therefore the current research,relying on medical, psychological, legal and jurisprudential evidence and applying descriptive analytical methods In the menopause, in the position of proving or rejecting the hypothesis by reviewing jurisprudence,medicine and psychology we came to the conclusion that our law neither supports this state of women nor passed any laws or protective measures. 

Homicide, as a general word, is attributed to all illegal killings, including murder and manslaughter, sometimes leading to benefits for the perpetrator. All murders are not intentional; some are unintentional and legal, such as murdering due to legitimate defense or an attack by a crazy person, which are considered justified despite being intentional. It is to be noted that intentional murder is taking the life of another person life with malice. Regarding this crime, the primary victimized person, who loses life as the significant life capital, sometimes creates the grounds for committing the crime. As a result, they are the ones who motivate the murderer. Therefore, creating a favorable situation and conditions for committing a crime by the victim, which creates a dangerous situation for the murderer, and the one who inevitably commits the crime, makes the murder beneficial for the perpetrator. The present study aimed to elaborate the approach of Imamiyah jurisprudence and, accordingly, the criminal law related to the perpetrators of murder based on benefit. The results derived by descriptive-analytical study of related jurisprudence and legal sources indicate that the newly emerging criminological subject has been the focus of thinkers in Imamiyah jurisprudence and criminal law. Perpetrators of such criminal behavior are not considered blameworthy, and a permissive and sometimes reductionist approach is taken toward them. Moreover, this is what has been taken in the subject of criminal law.

An expert's opinion is an investigation that the court entrusts to a competent person called an expert in order to distinguish the right by preparing its preparations and asks him to provide technical and specialized information that is not available to the court in order to resolve legal and criminal cases. put In fact, the purpose of the current research is to examine jurisprudential and legal examples of referring to an expert, which is written in a descriptive-analytical way and with library tools, and the findings of the research indicate that in the current situation and with the specialization of affairs and also considering the complexity Court cases, especially in the fields where the judge has no expertise in this field, there is no other option but to cite and refer to the expert's theory. In order to give validity to the evidential power of the said theory, the legislator has set conditions, including the reliability of the expert, and if those conditions are established, the opinion He considers the expert to be reliable, although due to the large number of cases and the ease of the proceedings, he does not consider it necessary to achieve justice even in the criminal cases referred to the forensic medicine because it is not easily possible, and he cites the doctor's theory. But the existence of these conditions does not mean that the judge is obliged to give effect to the expert's opinion, except in cases of non-compliance with the researcher's circumstances. Therefore, if necessary, the judge will refer to the expert's opinion, and he is free to accept or reject it, and basically, the judge will examine and evaluate the evidence based on his broad authority.

Identifying the consumers’ right to have access to information has a significant effect onorganizing their behavior and making an informed choice in goods consumption. With thecomplexity of the structure of the goods and the difference in the information level of themanufacturing and supplying specialists compared to the consumer, a kind of informationasymmetry has been created that endangers social peace and tranquility and creates tension in therelations between the two social groups: the supplier and the producer on the one hand and theconsumer on the other hand. Therefore, to prevent problems arising from the asymmetry ofinformation, the task of providing information to the consumer is assigned to the suppliers ofgoods. In addition to the will of the parties and their agreement regarding the obligation toprovide information explicitly and implicitly, the importance of the law as one of the sources ofthis obligation should not be overlooked. The issue of the obligation to provide information inlegal sources can be the act of providing necessary information or the act of refraining fromproviding false information, depending on the case. In Iranian law, the traces of acceptance ofboth aspects of this obligation can be observed in both general and special regulations. In thecommon law legal system, the lack of guidance and warning is considered a type of productdefect. However, since the discussion of the obligation to inform and the duty of producers andsellers regarding guidance and warning is important and comprehensive, it is investigatedseparately from the discussion of defect option under an independent heading.

Achieving individual and social ideals and goals in societies requires public trust in social relations. Public trust means positive reception from the custodians of affairs and institutions and organizations towards the wishes and demands of the general public. Legitimacy of the council and emphasis on justice and beneficence and faithfulness to promises and trustworthiness and enjoining what is good and forbidding what is bad and the ruling of reason and rationality is a proof of the existence of its jurisprudential foundations, and the creation of a spirit of cooperation and responsibility and relying on honesty and the realization of justice Social is one of its jurisprudential works. And the constitution is a proof of the existence of its legal foundations and the development and consolidation of equality and public participation, and the provision of all-round rights of individuals and the elimination of unfair discrimination are considered to be its legal effects. Commitment and action based on jurisprudence and law will be the foundation of a desirable society. In this research, we will explain the role of jurisprudence on public trust with a descriptive and analytical method, and we will show that the current research will show that jurisprudence is one of the forms of public trust.

Using descriptive-review methods, and by focusing on the law of notary public's offices, registrars, and assistant registrars association (1975) and the by-law of notary public's offices, registrars, and assistants registrars association (passed by the head of the judiciary, 2020), the present research examines the types of employment of registrars and assistant registrars in their service period. The findings showed that Iranian legislator considered different orders for the employment of registrars and their assisstants in ordinary days, temporary being in charge, and permanent being in charge. It also seems that the approval of the abovementioned by-law, though an important and necessary step in the unification of the regulations and standing orders related to the profession of notary public registry and assistance registry in Iran legal system, it hasn’t been sufficient and it is in the need of a serious measure by the legislation institution of the country.

 The public properties is the type of possession which relates to all individuals in the society. The other is the governmental properties which is the possession of the government merely. The knowledge of differences between public and governmental properties is the criterion for finding their meanings. This research with using libraries study, descriptive and analytical approach and also with emphasizing on the Article forty five of the constitution law investigate Imami jurists and lawyers’ ideas and viewpoints. Then, the findings of the differences between these two types of properties have several criteria. The possession can be divided in two sets of private and non-private properties. In non-private properties only government can access to the possessions.The differences between guardian and ownership can be found in heritage, it means that in ownership the possession can be transfer to the heirs but in guardianship the possession cannot be transfer to this heirs.