فصلنامه پژوهش های فقه و حقوق اسلامی
سال نوزدهم شماره 3 (پیاپی 72، تابستان 1402)

The right to health and treatment, as one of the obligations of the government, provides the necessary platform for better implementation, and citizens will be able to achieve their legal rights in a better way. Governments have duties to protect the health of citizens, and if the government does not fulfill its obligations and causes damage to citizens, the government must compensate for the damage. Especially since the government is fully responsible for providing public health and meeting medical needs, according to the covenant between the nation and the government and international agreements and obligations. Therefore, the civil responsibility of the government means the responsibility arising from the activities of the government. Therefore, it will be stated in this article, the government's responsibility may be due to the failure to fulfill the duties towards the people, the undesired performance of the duties, or the delay in the fulfillment of the duties and obligations of the government towards the people. Therefore, the civil responsibility of the government may be due to the performance of the government or government employees who have played a role in the occurrence of factors that affect the health of the people, or they did not do so in situations where they could have prevented it or solved it.

The regulations of registration of companies in the laws of the field of trade, with the aim of protecting the rights of partners and shareholders towards each other, providing legal and judicial security of third parties in trading and economic relations and facilitating the control of the activities of companies by the government, under the two established and announced systems. are Examining the documents shows that in the practical process, apparently, the company registration authority follows the announcement system, while in the theory process, under numerous articles, the supervisory and establishment duty of the company registration authority is mentioned. The lack of transparency of the chosen system in this field has led to the lack of responsibility for the accuracy of the documents and statements of the applicants, and if the company is formed and registered contrary to the legal standards, any beneficiary can request the cancellation from the court. This article tries to clarify, by descriptive-analytical method and library-documentary collection method and the practical procedure of the courts and the view of Imamiyyah jurisprudence on these aspects of this issue, that with regard to the nature and effects of the contract of participation in jurisprudence and the general spirit of the articles According to the laws of this area and the current judicial procedure, the registration of companies and their changes in the company registration authority are declarative except in the few specified cases, and the company registration is not responsible for the correctness of the registered matter, and it seems that attention And paying attention to the established system is one of the ways to correct the current process.

According to the opinions of the jurists, and based on the principles of the Shiites, the first principle in premeditated killing is retribution. But Islamic law gave this right to the guardians of the murdered, so that they could fully forgive their right or forgive and make their pardon depend on money. However, sometimes there are cases in which it is not possible to carry out "qisas al-nafs" for certain reasons, and the guardians refuse to give up financial matters or pardon.In this case, is it for the guardians of the murdered to ask for a compromise by cutting off the limb instead of self-retaliation? This reconciliation, on the one hand, will heal the pain of the victim's loss of guardians, and on the other hand, it will save the soul of the perpetrator. This new issue clashed with supporters and opponents, and accordingly two opinions were raised, and after explaining and criticizing them, the final opinion was based on the permissibility of replacing self-punishment for amputation with the content analysis method. On the evidence, including the legality of reconciliation, the preponderance of pardon over retaliation, the evidence of the necessity of self-preservation, etc., is a solution to overcome the problems arising from the promise of impermissibility.

This article is related to the involvement of artificial intelligence in security and civil rights. This issue can be investigated in different directions, such as creating security through artificial intelligence in citizenship rights, depriving citizens of security through artificial intelligence, providing a compensation solution for depriving citizenship rights through artificial intelligence. In this article, only the issue of deprivation of citizens' security is mentioned, and the other two issues require an independent article. The working method in this research is based on content analysis and the data was collected in a library form by referring to jurisprudence and legal opinions. Criminals can use artificial intelligence to take away the security and rights of citizens, since there is no special law for crimes in artificial intelligence in our country, and some people think that computer crimes can be the answer to the present issue, while this is not the case, so the authors have addressed the issue of criminalization in depriving the security and comfort of citizens by revising Manat and using Sharia evidence. The result of its investigation is that it is harmful to the security and comfort of the citizens by using artificial intelligence tools, and if it is done, it will be punished.

Considering the jurists' contradictory opinions about the possibility of compromise without actual or potential conflict and proving the right, authorizing the contract of compromise by the civil legislator in transactions with no definition of preliminary compromise and clear purpose of the transaction and determining the limits or examples of the transaction has resulted in doubts on a contract of compromise for discharge since discharge as a unilateral obligation requires extinction of debts.Regarding independence of compromise and the definition of transaction compromise and the previous use of "transactions" by the legislator as well as the jurisprudential sources, the result and composition of compromise for discharge, which is concluded through written requirement of the creditor's grantor and acceptance of the debtor's grantee, is nothing but the extinction of debt in the compromise, which is achieved without transferring to debtor's property, and con not be acquisition of debt. While, compromise for discharge is naturally different from discharge, despite similar result (extinction of debt), in the formation stage (concluding the compromise and nature of discharge as a unilateral obligation) and in ruling stage. It is possible in compromise, unlike the discharge, to conclude a compromise for discharge in an unauthorized way, or through option clause. Moreover, regarding the different result and application of compromise for discharge with debt donation (extinction of debt and acquisition of debt), despite of similar formation stage (being concluded), the difference is that in case of compromise, unlike debt donation, it is not possible to refer to other authorities.

Testimony is definitive information about a mandatory right for the benefit of a third party, which occurs from a third party. According to some legal articles (161 and 162 Islamic Penal Code), the proof is subject to Shari'a and legal conditions. On the other hand, according to Article 241 B.C., the value and effect of testimony are assigned to the court's opinion. In a vague way, it may mean that when the testimony conflicts with other evidence, it is up to the court to determine its value and effect. In contrast to this legal and Shariah presumption juris tantum, the judicial emirate is the situation that leads to the knowledge of the judge and is obtained from three sources: Judges' suspicions, customs and social habits, evidence and circumstances... and at the discretion of the judge and if this evidence creates confidence and inner belief for the judge, it is considered as judicial evidence and can be considered as a document of the court's decision. In this research, with the analytical and descriptive method, using library sources, the problem has been addressed that in the position of conflict between testimony with Shari'a and legal conditions and the knowledge of the judge due to the judicial emirate, what is the solution and which one is the priority? The answer, while examining the legal status and evidentiary value of each one, as well as analyzing the relevant legal materials, with an extensive examination of the nature of the judge's knowledge and the evidence of its validity and its evidentiary value in evidence, it has been argued on the precedence of the judicial decree resulting from the judge's knowledge over the certificate.

In some cases, people leave their place of residence for various motives, such as work, travel, family dispute, or any other reason, and after a while there is no news of their existence; such a person is called an absentee in Islamic jurisprudence and law. In this research, the alimony entitlement of the missing man's wife, who has been legally removed from the missing man's marriage contract by the ruler's ruling, has been investigated from the perspective of Khamsa religions, and then, by using the descriptive and analytical method, it tries to give an appropriate answer to the question whether the absent wife who is divorced by the ruling of the ruler is entitled to alimony during the days of Adah? The findings of this research show that if the couple's separation is due to the decree of divorce, the missing man's wife will be entitled to maintenance, because every woman deserves maintenance during the days of divorce, and the missing man's wife is no exception. However, if this separation is the result of assuming the death of her husband, according to jurisprudence, the wife will not be entitled to alimony because a woman is not entitled to alimony during the days of her husband's death.

The warranty due to the lack of time is one of the controversial issues that is raised under the issue of the authorities' omission. The loss of time due to the abandonment of the action has raised the question of whether it is possible to consider the loss of time as a type of damage and condemn the abandonment of the action to civil liability. The present research has organized its discussions with the descriptive-analytical method based on the hypothesis that if the omission of officials leads to the death of people, it will be covered by the guarantee of execution. The conclusion of this research is that, although there is no chapter in Iranian law about the omission of officials due to the passing of time, there are examples such as mudaraba, jaala, delay in crisis management and delay without legal and justified reasons in issuing business licenses, and so on. .. It implies the civil responsibility of the officials, leaving the verb. In addition, from a jurisprudential point of view, rules such as non-harmful, wasteful and vindictive, reprimanding the usurper, respecting inalienable property and justice, indicate this type of responsibility.

Since the consideration of any civil liability requires the existence of a present loss and on the other hand it cannot be passively sought to compensate for damages upon entry. Therefore, the principle of preventive litigation to avoid damaging or reducing it, and the imposition of costs. This article seeks to answer the question of whether the laws and regulations of Iran subject to the use of jurisprudential rules and through the deterrent of civil liability "with emphasis on the French judicial system" can oblige individuals to exercise caution and prudence to some extent. That failure to adhere to these principles and rules would result in "even before the actual loss" claim for damages commenced? The findings of this study suggest that civil liability using legal and jurisprudential rules as well as the "positive approach of French judicial procedure" will be able to interfere with the allegation of violations of law and before the loss enters into force against the principal. Identification damages and thereby provide a legal basis for a lawsuit.

The theory of foreseeable breach of contract refers to a situation in which one of the parties, despite his observations and calculations, cannot reasonably wait for the other party to execute the contract. This theory is relevant in contracts that are subject to a certain period of time. In Iran's legal system, the theory of foreseeable breach of contract is not explicitly accepted, even in certain articles, it is practically not possible to propose such a theory. But since speed and security are one of the main elements in commercial contracts, the design of this theory in Iran's legal system allows the obligor not to wait for the obligee to fulfill his contractual obligations in case of excessive delay, and by planning this type of violation, he can have a suitable time to compensate for the lost time. Although there are obstacles for proposing this theory in every legal system, its acceptance can be much more practical. In the principles of jurisprudence, in a topic entitled extended obligation, it is mentioned to perform the duty within a certain period of time, and the basics of this obligation can be used in the theory of predictable violation. The most important question that we are trying to answer in this article is with what tool the theory of foreseeable violation can be justified in Iran's legal system. By providing this goal, we have progressed from the origin of this theory to its legal analysis.

In this article, we examine the jurisprudence of teaching the jurisprudence of business if the business owners do business using artificial intelligence knowledge. Artificial intelligence is one of the new and widely used knowledge in the IT world. In a short period of time, this technology was able to show its ability in the evolution of knowledge and prove its ability to be used. Business experts also used this knowledge to advance their goals and were able to provide a new development in electronic commerce (telecommunications). This research has investigated the topic in a theoretical way and with a case study method. Relevant information was provided through electronic systems, specialized books and observation. The main question in this research is: What is the Shari'a rule of teaching business jurisprudence in case of using artificial intelligence in business? In this regard, there are some hypotheses, such as Ishtahab, Abaha, and Obligation. But the result of the research shows that in the case of using artificial intelligence in business, due to the complexities of transactions and the possibility of committing fraud, usury, arrogance, arrogance and in general, learning jurisprudence and legal rulings. Business is obligatory and every businessman should read and know these rules before starting business.

One of the most heinous atrocities some people have committed against their fellow Muslims is the assassination of Muslims. This article discusses the Shi'a and Hanafi jurisprudence through a library and documentary method, which results in: The Shiites and the guile of the laws of moharebeh can be applied to the issue of terrorism in the present age. The verses 33 and 34 of Surah Ma'eda are the most explicit verse of the Holy Quran regarding the fight against terrorism, which the Shiite jurisprudent has used as a prohibition against jihad and jihad. That this theory is in line with the theory of jurisprudence. Investigating the Jurisprudential Basis of the Assassination of Muslims from the perspective of jurisprudential jurisprudence indicates that terrorist acts are blameworthy and criminal behavior, because what stands out in jihad is fighting the war and adhering to its rules, not killing or killing innocent people. Take the assets, surprisingly. In jurisprudence, however, it is not a clear title for a terrorist act, although it is more consistent with moharebeh and rhetoric on the basis of the type and outcome of the behavior.

This article seeks to answer these questions: what is the main challenge in the interaction of traditional jurisprudence and law in the construction and transformation of Iran's criminal policy? Also, which of the criminal justice policy governing the Islamic Penal Code is more compatible with international or Islamic criteria? In order to achieve this purpose, the most important factors of tension between the changeable sharia punishments and human rights norms in Iran's criminal policy should be recognized; The means of achieving this goal is to study and research the recent developments of Iran's legal criminal policy (Islamic Penal Code, Criminal Procedure Code and several other recently approved main criminal laws) in order to measure the dominant discourse in the field of punishment. The article explains that the translationism of jurisprudence and the raw injection of jurisprudence into Iranian criminal law, the confusion in the way of adapting the laws of western countries, and the lack of foundation for the implementation of new penal institutions, are the most important manifestations of the aforementioned challenge; As the judicial criminal policy governing the Islamic Penal Code, in the realm of punishment, retribution and atonements, is based on Islamic teachings, and in punishments to an acceptable and not desirable extent, is in line with some international standards of criminal law in the direction of protecting human rights.