نشریه مطالعات فقه اسلامی و مبانی حقوق
پیاپی 47 (بهار و تابستان 1402)

Acting with beneficence (Ehsan)'s motivation is one of the reasons for the loss of responsibility in Imamiyah jurisprudence. This aspect the rule of beneficence (Ehsan) has also appeared in the laws of Iran, including Article 510 of the Islamic Penal Code of 1392, which stipulates that beneficence (Ehsan)'s motivation Removes responsibility. Another aspect of the rule of beneficence (Ehsan) is that it creates responsibility for the other side. This implies that whenever benefactor performs an act with beneficence (Ehsan)'s motive that the act involves a cost to benefactor or there is a fee for benefactor's action in practice, the other side must pay the costs of Mohsen or his action. There is disagreement among the Imamiyah jurisprudents in accepting this meaning of the rule of beneficence (Ehsan) and the the famous jurists hold the opposite view. Among lawyers, however, the tendency to accept second aspect of this rule is more pervasive and Some is known The basis of Article 306 of the Civil Code as the rule of beneficence (Ehsan). We believe that the second aspect of the rule of beneficence (Ehsan) can be accepted by identifying the guasi-contract resulting from the rule of beneficence (Ehsan), because being a benefactor is not equal to the Intent for free and a barrier to receiving a salary. This guasi-contract can be identified with the interpretations we give of the rule of beneficence )Ehsan( and The Rule of Value of Muslim Practice.

One of the important issues that must be answered in the light of modern jurisprudence and law is the issue of permitting or not permitting the donation of body parts of those sentenced to death and retribution. Organ transplants for needy patients have been proposed in many countries, and in some countries it has been allowed. This issue can be examined from the point of view of jurisprudence and Iranian law, whether the holy Shari'a allows such a thing or not? The chapters of urgency and antagonism are largely related to this issue. Due to the emergency situation in the Islamic society, the permission to remove the organs of those sentenced to death, whether they are dead or not, will be in the operating room. The issue can also be examined from another perspective. In the absence of an emergency, in involuntary executions, the convict may be exterminated in the operating room instead of on a rope, because retaliation with a sword is intended to prevent persecution. His transplantable members can also be used. Of course, in this case, his permission is a condition. This is in accordance with Article 47 of the By-Laws on Execution of Limits on Limits, Deprivation of Life, Amputation, Retribution and Injury, Diyat, Whipping, Exile, Denial of Knowledge, Compulsory Residence and Prohibition of Residence in a Certain Place or Neighborhoods Is allowed.

The main purpose of this study is to investigate the reasons for criminalizing economic rent in jurisprudence. Rent is a phenomenon that most societies today face a wide range of destructive effects in various economic, political, social and information fields. Rent in political literature means granting a privilege or monopoly to certain people, which is sometimes considered an inalienable and legal right, but in economics it is anti-value and the income from it is considered illegitimate.Since political struggles also form the basis of a large part of the economic rent, political currents seek to employ the government in the economic interests of their party, group or convergent currents and sometimes to put pressure on the government, seeking to create rents in various forms, including Rents are economic.Considering the major harms of economic rent in different infrastructures of the society, it seemed necessary to conduct research in this field and while examining these harms in detail, the jurisprudential principles of economic rent should be examined.This research is based on a descriptive method and using documents and library resources and is based on the assumption that in the rules of Islamic jurisprudence can be found several reasons for rent criminalization; Rules such as: the rule of no harm, the property of falsehood,The findings of this study indicate that from the point of view of jurisprudence, the obligatory ruling is rent and the special eating of sanctity, and in terms of situational ruling, it guarantees the rent-seekers and will disrupt the Islamic system.

The principle of equality of persons before the law is accepted in accordance with Article 14 of Article 3 of the Constitution. However, the Islamic Penal Code of 1992, in accordance with Imami jurisprudence, has considered gender to be involved in the implementation of some punishments, including limits. In the punishment of adultery, many differences are observed in the circumstances and also the quality of the execution of adultery.Given that the effect of gender on the punishment of individuals is contrary to the principle of. Considering these views, it becomes clear that some of these examples are the place of disagreement of the jurists and The principle of equality of persons before the law is accepted in accordance with Article 14 of Article 3 of the Constitution. However, the Islamic Penal Code of 1992, in accordance with Imami jurisprudence, has considered gender to be involved in the implementation of some punishments, including limits. In the punishment of adultery, many differences are observed in the circumstances and also the quality of theConsidering these views, it becomes clear that gender inequality has been positive and in accordance with the interests of both parties only in some cases, and in other cases, which include: reluctance to commit adultery against a man, proof of the death sentence for adultery with a spouse Motherhood and inequality in the definition provided in Ehsan are not in their interests.

The transfer of the right to credit loans and bank facilities from the seller to the buyer is a phenomenon called "lending", which is known as a new example of selling. The ruling on this deal is controversial among contemporary jurists, and the legislature has not specified this. This article seeks to evaluate these transactions with jurisprudential and legal criteria; This is because, firstly, the transferability of the franchise of loans and facilities, and secondly, the verdict of such transactions is questionable. Therefore, by examining and analyzing the views of jurists and Iranian laws, in a descriptive-analytical method, it has been concluded that the right to credit loans and facilities, as a spiritual right, can not be transferred to others and is documented in the view of some jurists. Recent laws issued by banks, the illegitimacy and legal prohibition of these transactions, which, of course, the effects of this phenomenon, both economically and socially, emphasize its legal and religious prohibition.

Today, macroeconomic variables such as poverty, economic inequality and income and unemployment are among the important and well-known factors in the occurrence of crime. Prevention in its various approaches, especially corrective and mechanical approaches, requires long-term planning and financial costs. The purpose of this study is to provide optimal prevention in various economic contexts of crime. In the present article, which is a descriptive-analytical and critical study in the field of types of crime prevention, the author refers to empirical research, the concepts of prioritization and continuity both in the analysis of criminal contexts and in relation to the field. Explained prevention. Crime economics studies, on the other hand, usually assess the effects of these causes separately. In the field of crime prevention, the same discriminatory approach has prevailed in social prevention. The results indicate that some economic contexts of crime, ie poverty, economic inequality and income are affected by the unemployment rate, so they have a positive and significant relationship with this macroeconomic variable. Another achievement of the present study is the indication of a criminal offense called organized crime. Thus, in addition to being independent factors in the occurrence of petty crimes such as robbery and murder in society, these factors can also originate from large-scale organized and economic crimes. In the case of various prevention approaches, instead of providing the same financial costs, the way should be paved for more effective mechanical and punitive prevention with optimal economic allocation.

Consumer rights is one of the topics that has been raised after the industrial revolution and the increase of human ability in the production of goods and services, as well as attention to human rights, and with the invention of new technologies, it needs a serious change. One of these technologies is the Internet of Things, which strongly linked to consumer rights due to the lack of direct human control over it and its influence on various aspects of human life. Accordingly, the main question of this research is about the nature, the content and examples of consumer rights in the field of IoT.To collect data, the analysis based on library research. This research involves a collection of some textbooks, Journals, and articles and accompanied by describing the views and analyzing them.The purpose of this study is to achieve an appropriate definition of the Internet of Things and consumer rights and then determine the nature, the examples and content of consumer rights in the realm of Internet of Things.In conclusion, the Internet of Things is an Internet-based service that provides a connection between humans and objects or even animals in the context of the Internet, the scope of which can cover all aspects of human life. It is in this context that the various uses of this technology realized and, as a result, the issue of consumer rights finds meaning in it.

Crime as a norm of society is accompanied by criminal and non-criminal responses. Criminal policy is responsible for responding to this. Criminal policy consists of different levels that legislative criminal policy as the most important and basic level of criminal policy is the gateway to the response to the criminal phenomenon responsible for drawing up the strategy and framework for dealing with the criminal phenomenon. After that, criminal justice policy, as the executive arm, has the task of dealing with real criminals. In some cases, however, this process is challenged for a number of reasons, and legislative and judicial criminal policies are incompatible. So the main question is; what are the most important factors in the incompatibility of Afghanistan's legislative and judicial criminal policy, especially with regard to crimes against the family? The most important reasons for this inconsistency in Afghanistan's criminal policy on crimes against the family are the lack of coverage of all issues by law, lack of access to official and judicial authorities, lack of expertise of judges, insecurity, corruption and cultural and moral barriers in society. Therefore, for the compatibility of legislative and judicial criminal policy as two arms of criminal policy, these obstacles must be removed.

Addiction of internet is new-fashioned issue that nowadays displays in human society to state of chronic temptation or rotation resulting of rapatitious uses of internet. By creat resistless desire for renewed use to bring up metod, social and personal issue. For prevention of this damage, will be key in this issue to explanation view of holy legislator.This article by descriptive-analytial method is seeking to gathering analysis shia jurists views and inference of sharia ruling addictive of internet of shia religious view. results it seems that several of current jurist dont know possess religious prohibition, permitted use of internet by itself. But els some jurist dont permitted in case of extravagance in use and reach of significant physical or mental injury or intellectual injury. By adduce of holy legislator, tradition and wisdom, since that this phenomenon lie under the titles similar injustice and injury to self and profusion, posses more certanity its illegitimacy sentence.

Every obligation must end; there are various ways to end the obligation. The main mode for the fall of any obligations is to fulfill it with the main object. But the question is whether the obligee and the obligor can change it with another object instead of fulfilling the main subject of the obligation, by mutual agreement? If so, what is its legal nature and what are the implications for it? This research shows that in Afghan law, by agreement of the parties, it is possible to replace the transfer of another object ownership with the main subject of the obligation. Regarding the nature of this agreement, some have considered it a sale, others a renewal of commitment; Some have called it a special kind of performance and another group a combination of renewal of commitment and performance; There are still theories that this institution of peace is a substitute; But this research shows that this institution does not fully comply with any of the mentioned institutions and is a special agreement that has its own characteristics and has its own provisions. This special agreement has a dual nature, on the one hand it is possessive and on the other hand it is fulfillment. . Therefore, in some respects, the rulings on sale and in other respects, the rulings on fulfillment can be applied to it.

Article 697 of the Islamic Penal Code (Taazirat Section) is the legal reason for the general form of defamation. The mental conditions of the perpetrator of this intentional crime (the awareness and the intent) have been always disputed from different angles by judges and writers. The degree of conformity of the issue of "Attaining awareness of perpetrator to the falsehood of the relation he has given to another or published it" with the Qur'anic and narrative teachings, "Necessity or non-necessity of attaining intent to harm" and "The impact of the unexpected behavior on the mental conditions of the perpetrator of defamation" These are three issues that this research, uses library resources and comprehensive systems of laws and regulations and judicial opinions, has dealt with them in a descriptive and analytical manner and has provided suggestions for amending the legal article in question. according to this, the research concluded that "The necessity of attaining awareness of perpetrator to the falsehood of the relation he has given to another" is in conflict with the Qur'anic teachings and narrations that make people follow of awareness and severe avoidance of suspicion and respect for the dignity and dignity of servants God commands, there is no need to prove the intention of harm to perpetrator and the unexpected or non-unexpected behavior of the perpetrator, even in the position of self-defense before the judiciary, has no effect on the will and authority of the perpetrator and, consequently, the Intention of the perpetrator of defamation.

Due to its special nature, issues related to reluctance have long been considered by all schools of law and jurisprudence and have been widely discussed. What has been paid more attention to is the ruling on reluctance to women, and what has been less discussed and considered in this article are the issues of reluctance to women. One of those issues is the possibility or impossibility of a man being reluctant to commit adultery. Well-known Imami jurists believe in the possibility of reluctance to commit adultery against a man, and on the contrary, the famous opposition and consequently the Islamic Penal Code adopted in 1392, believe in the impossibility of reluctance to commit adultery against a man. The present article, in a descriptive-analytical manner, after examining the views of the opponents and supporters of the famous promise, is in line with the views of the famous supporters and in addition to presenting their reasons, presents new documents of medical science and believes that the text of Article 224 of the Penal Code Islam should be re-read according to the famous saying of the jurists. What has been emphasized in this article is the critique of the famous dissenting promise, which is also followed by the Penal Code, through the well-known saying of the jurists, medical documents and rational arguments.

Travel for family visits is among the issues which have always been emphasized by Islam. However, according to the opinions of specialists travels and parties during the corona virus contagion would cause the extensive spread of the virus and infection of a great number of people resulting in huge financial losses and physical harms. Therefore, it is imperative to analyze the responsibility of the individuals who, in spite of the warnings, go to journeys and organize parties from jurisprudential point of view. The present research aims at establishing the responsibility of the persons who overlook the corona rules and restrictions and cause further spread of the virus by travelling and visiting their relatives based on the opinions of Imamiyeh Jurisprudence. This article deals with the issue through studying and meditating in the major jurisprudential texts and by means of a descriptive-analytical method. Findings and results of the research show that based on the opinions of the jurisprudents and according to such rules as the no-loss, prohibition of homicide, waste… the individuals who are infected with Covid-19 and are aware of their infection shall be responsible in the event of traveling and attending in parties and inflicting damage on other individuals; and the unaware individuals with Covid-19 disease shall also be responsible based on the principle of precaution and mandate of disposing the likely loss, and the rules of warning, guardianship… cannot be used as a disclaimer by these individuals.