نشریه دین و قانون
سال دهم شماره 36 (تابستان 1401)

Judicial security has been identified in the field of public law with the aim of guaranteeing the principle of “sovereignty” of law and protecting the fundamental rights of citizens through the application of fair trial rules and procedures. This goal was pursued first in the constitutional revolution, by trying to establish a house of justice and observing justice and equality in the application of Sharia rules and customary laws, and then it was institutionalized in the Constitution of the Islamic Republic of Iran, by recognizing the right to fair judicial security and equality of all before the law, and the Judicial System of the Islamic Republic of Iran was introduced as committed to supporting individual and social rights and responsible for the realization of justice. In this regard, approving the document of judicial security in October 2019, which is actually regarded as reviving the important legal principles and the fundamental rights of citizens in the domain of Iran's public law, considers the judiciary to be more committed and obliged to observe citizen's rights and protect legal freedoms than ever. Using analytical-descriptive method, this research seeks to answer the question whether judicial security has been recognized as a fundamental right in the constitutional law of the Islamic Republic of Iran. What can be deduced from this article is that the idea of ​​justice and providing and guaranteeing the right to judicial security of the citizens has been taken into consideration by the constitutional legislator both in the Persian Constitution of 1906 and with more detail and emphasis in the 1979 constitution; i.e., the Constitution of the Islamic Republic of Iran.

Juvenile delinquency is a risk symptom for criminal resistance, and also demonstrates a social disintegration. Thus, rehabilitation of juvenile delinquents is one of the considerable issues of criminal justice policy. The main goal of criminal sanctions in the field of juvenile delinquency is correction and rehabilitation, and the correction and rehabilitation center is one of the instruments in order to achieve this goal. Furthermore, the goal of criminal justice measures is rehabilitation and social reintegration. Thus, it seems that imprisonment fails at realizing this goal, and even severe responses may result in a bias in their behavioral system. Juvenile delinquency is an occasional situation and many causes such as age sensitivities, psychological deficiencies, and unawareness contribute to the occurrence of such type of delinquency. Therefore, adopting secure and correctional measures as rehabilitative policy, in comparison to mere penal responses, has effective consequences. The present study by means of library research and descriptive-analytical methods explores rehabilitation-based social responses, and with a critical approach to Iranian legal system, and for the purpose of a more effective criminal policy vis a vis this group of delinquents offers some solutions.

If several vertebrae of the spine in the lumbar region are damaged by one behavior or several behaviors, there are three points of view in the legal doctrine and judicial opinions regarding the amount of diya. The first viewpoint, referring to the expression of the note of Article 647 of the Islamic Penal Code, believes that the diya of all the vertebrae of the spine is integrated, and as a result, one diya must be paid for the fracture of all the vertebrae. The second viewpoint, referring to Article 543, Paragraph C of the Islamic Penal Code, believes that the diya of adjacent vertebrae (bones) are one and the same as a whole, while the diya of the non-adjacent vertebrae each should be paid separately. The third viewpoint is that the payment of the diya of none of the vertebrae interfere with each other and as a result, the payment of each vertebra should be paid separately. By criticizing the expression of the note to Article 647 and Paragraph C of Article 543 of the Islamic Penal Code, the present study concludes the weakness of the first two viewpoints and selects the third viewpoint on the basis of numerous jurisprudential and legal principles and evidences.

The economic behavior of Islam in the category of debt is different from other economic systems. Gharz al-Hasna[1] is a contract that is motivated and based on the lender's sense of self-sacrifice. Among the three categories of applicants for funds (loans), i.e., those who are only able to repay the principal [borrowed money], those who, in addition to the principal, are able to repay a share of interest, and the group who are able to pay none of them, Qarz al-Hasna is in the first category. Some applicants may not be able to pay their debts on time due to certain economic conditions or illness, despite their willingness to pay the principal. In such cases, individuals will seek to defer the loan agreement. The usual way of increasing the amount of debt in exchange for increasing the deadline leads to the sanctity of riba-ye- jahili[2]. This problem is more common in the banking system. The main purpose of this article is to study the existing strategies of the banking system for debt deferral and its compliance with Imami fiqh. The study findings indicate that the methods of deferral, renewal and financing of Gharz al-Hasna contract are possible through other contracts.

 

[1] Interest-free Loan; Qarz al-Hasna or Qarz-ol-Hassaneh is one of the precepts of the religion of Islam, which is exactly opposite to usury. In the Holy Quran and the hadiths of the Prophet of Islam and the Imams, its importance and necessity have been emphasized and it is one of the measures in economic adjustment and helping the needy in the Islamic society. A good loan is a type of loan in which there is no interest. In another definition, it is a contract according to which banks (as a lender) lend a certain amount to a natural or legal person (as a borrower) in accordance with the rules set forth in the relevant instructions.

[2] A type of riba (usury) wherein the debtor is given a deadline to pay his debt and in return for the given deadline, extra money is taken from him, which is used in business, and is one of the examples of usury and haram.

The rule of ferash or imarah of ferash assossiates a situation or condition in which a child who is born in that situation or condition belongs to the husband. But the extent of this legal concept and its conflict with medical evidence in Iranian and Egyptian laws, especially assuming the incongruity of medical evidence results with imarah of ferash, is not very clear since there has not been an extensive and integrated research on the subject. Therefore, the question of the branches of rule of ferash and its conflict with medical evidence in the two legal systems is an issue that needs to be explored until an appropriate answer is reached. It seems that imarah of ferash can be applied in relation to nikah[1] and out of nikah, and each of these two situations is based on different branches, which in this research has been addressed to in the laws of the two countries. Achieving this goal is possible through the description and analysis of jurisprudential propositions by collecting library data, the result of which are the explanation of the scope of imarah of ferash, the existing conflict, imarah of ferash in the state of adultery, artificial insemination and nikah-e mowaqqat [2] in the laws of Iran and Egypt.

 

[1]  marriage

[2]  temporay marriage

With the development of societies and the increasing production of complex products, including genetically modified organisms, the need for consumer awareness of the products produced, especially the possible risks, is increasingly felt. The warning rule is one of the rules in civil liability of production origin which deals with the role of warning in removal of liability. According to this rule, if the producer, before the supply of genetically modified products, provides the necessary warnings and guidelines to certain people at risk, but the addressee of the warning causes harm to himself by negligence, the warning provider is exempted from accountability. Indisputably, for the exemption of the person who warns, the warning conditions, i.e., the proportionality of the warning with the risk, the legitimacy of the warning measures, the receipt of the warning to the addressee, and the possibility of avoiding the risk for the addressee must be observed, and if the warning is not properly carried out in order to protect the consumer, the guarantee of repair or replacement of the goods, termination and invalidation of the contract can be considered