نشریه حقوق و فقه تربیت و کودک
پیاپی 15 (پاییز 1402)

Because the social environment and urban context have a significant impact on the culture and spirituality of the city residents; Governments are making maximum efforts to improve cities; Since the holy religion of Islam is a social religion, it has also given importance to this aspect of human life and has issued several rulings on how to build a city. Therefore, it is necessary for Islamic countries to examine these rulings and implement them in urban planning today. Urban jurisprudence, as one of the branches of civilized jurisprudence, has been responsible for explaining these rulings and aims to extract Islamic foundations in the field of urban planning from authentic Islamic sources with the method of ijtihad. The current research investigates these basics in different aspects of urban planning with a descriptive-analytical method. As a result, it can be said that the center of the cities is the Jame Shahr Mosque, and the appropriate model of city construction is horizontal, and high-rise construction has caused irreparable damage, and building more than necessary is prohibited, and urban construction should be aimed at increasing moral and physical security.

The type of criminal policy adopted against addiction depends on the legal status of this phenomenon.From the jurisprudential point of view, some believe in banning and some believe in not banning drugs.Proponents of sanctions also differ: Some of them based on narrative evidence, some based on the unity of the criteria of drugs and intoxicants, and many based on the secondary reason of harm, ordered to ban drug use.Regarding the legal status of drug addiction, two approaches of "legal criminalization" and "Dicriminalization" are common among lawyers and sociologists. The consequence of the first approach is prosecution and aggressive treatment of addicts, and the consequence of the second approach is to liberate drug use and try to reduce its harm.In this article, after explaining the link between the legal status of addiction and the jurisprudential approach in this regard, the theory of "deviation of the concept of addiction" and the necessity of simultaneously avoiding the criminalization and the disease of the concept of addiction have been proposed, and its foundations and consequences have been examined.

The essence and the appearance are among legal jurisprudential phenomena, which are the criteria in the proceedings, both at the stage of determining each of the claimant and the defendant, and at the stage of drafting and issuing a verdict. These two phenomena are sometimes in harmony with each other and sometimes they are in conflict with each other. When there is a conflict between the principle and the appearance, which one takes precedence over the other, and what is the general rule to resolve the said conflict, is itself the point of contention and violation between the scholars of Shia jurisprudence and law; Therefore, the present article, in order to explain and achieve this important, after extrapolating the mentioned cases of conflict between the principle and the appearance in the jurisprudence writings of Shia jurists and expressing the forms of the conflict and its possible assumptions in the literature of Shia jurisprudence and law, examining some examples. Some of the conflict between the principle and the appearance will be revealed, so as a result, the stability of the hypothesis of the regularity of the conflict between the principle and the appearance will be shown.

Conceptual discussion is very important in all branches of human sciences. This discussion is of double importance in criminal law, especially in the field of public safety and comfort. Since this field is closely related to Khamsa materials, and some of these concepts have conceptual inadequacies and ambiguities; Based on this, the explanation of this category of concepts is an unavoidable necessity both theoretically and practically. Brief recognition and explanation of concepts such as terror and terrorism, and bioterrorism, war and corruption in the land and insurgency, political crime, assassination, coup d'état, and their difference and separation from each other are among the concepts that familiarization and explanation of them, both in terms of It is important both theoretically and in the practical aspect of law making, as well as in the position of judging and applying examples. This research analyzed some of the most important concepts in an analytical-descriptive way. First, these basic concepts were explained and described. Then attention was paid to the brief analysis of the attributes and dimensions, angles, territory and them. As a result of this research, the discussed concepts were disambiguated, and with the knowledge obtained of the elements and nature of each, their differences and distinctions were recognized and explained.

The damage caused by the crime is also the damage caused by the criminal action to another person (the victim, his heirs or his successors). The Kurd plan has the right to request compensation from the judicial authority for the damages and injuries that have been caused to him directly by the commission of the crime. In the judicial systems where the legal and criminal courts act in a specialized manner in dealing with claims within their jurisdiction, the principle is that the legal reference deals with civil claims and the criminal reference deals with criminal claims. But sometimes the criminal reference finds the possibility of dealing with the legal claim as an exception. In Iranian law, due to the fact that legal courts deal only with legal matters and criminal courts deal only with criminal matters, the principle of specialization in dealing with claims has been followed on this basis in dealing with claims related to damages. of the crime while dealing with criminal matters due to the ambiguity and summary and the amended articles of the criminal procedure law in this research, which is done with a descriptive-analytical method, an attempt is made to investigate and explain the concept and nature of the harm and loss caused by the crime, Investigate the progress of the legal development of claims for damages in criminal courts and judicial procedures.

To be flawless of the goods is a condition that is hidden in the silence of the parties in the agreement. The seller is aware of this obligation and customer considers himself as the rightful of this obligation. In the Convention on the International Sale of Goods approved in1980, if the goods are not in accordance with the contract, the seller is obliged to repair the goods. This right is recognized in paragraph 3 of article 46 in that convention with conditions. Such a right has not been raised either in jurisprudence or in the civil law and there is a difference of opinion among jurists regarding its legitimacy. According to Article 422 of the Civil Code the buyer has only the option of obtaining compensation or a rescission of the transaction; Regarding the fact that the Civil Code is silent on the issue of performance guarantee and has not mentioned the right to oblige to repair, it should be said that the primary ruling in is the absence of such a right. It is worth mentioning that in the assumption that the goods is a unspecified, there is basically no need to identify that right for the customer, and the seller must submit the substitute product; But if the goods is certain, there is a possibility of loss. In the latter assumption, based on the rule of "The necessity to compensation of the loss", the ruling on the obligation of the seller to repair the goods is justified.

A again look at the history of international criminal law (East Timor court in the Domingos Mendonca case)AbstractFrom 1975 to 2002, Indonesia illegally occupied East Timor. The occupation was characterized by violence against the civilian population of East Timor, especially against those who were or were known to be pro-independence. In this process and after that, faced crimes such as genocide, rape, torture and forced transfer of people with the aim of preventing independence. The defendant, Domingos Mendonca, was the most important member of a militia group known as (Sasurat Ablaei Team), which the author in this study is one of the most important convicts of the East Timor court with the aim of informing legal scholars about the path of criminal justice. International, examine the case in detail from the time of the arrest of the accused to the issuance of the court verdict.

Children's rights are one of the most important rights in the laws of Islamic countries, which include financial and non-financial (spiritual) rights; One of the most important spiritual rights of a child is the right to custody; For this reason, the issue of the rights and responsibilities of father and mother in the matter of custody and guardianship of children in religious traditions is one of the issues that have been discussed and challenged by jurists of different countries. This article, which is written in a descriptive-analytical method and applying the laws of Islamic countries, seeks to explain the right of custody in the laws of Islamic countries, and the issue that has caused a distinction between father and mother in the laws of Islamic countries in the matter of custody is thatThese laws and traditions have defined special regulations regarding the guardianship of male and female children by father and mother. According to these traditions, apparently, when the parents are separated, the main criterion in determining the guardian for the child is the child's age.The results of this research show that the laws related to child custody among Muslim countries have tended to prioritize the "best interests of the child" and have set specific duties and responsibilities for parents regarding child custody.

No government has the ability to continue and advance its goals without the participation of the people, and the Islamic government is no exception to this. Considering this issue, in this article, we will study how the three caliphs came to power and the rule of Amir al-Mu'minin Ali (AS), to find out the level of participation, role and position of the people in the formation of the considered governments. And to express a suitable solution for the level of people's participation in the new ideas related to the formation of the Islamic government.How the first caliph came to rule, which was done in the form of minimal approval and based on propaganda and physical coercion.How the second caliph came to rule, who was chosen as the successor by the announcement of the first caliph. And the people confirmed the opinion of the first caliph and brought the second caliph to power.The coming to power of the third caliph was based on the plan of the six-member council of the second caliph. This saltiness is a kind of decision-making management;The level of people's participation in Imam Ali's rise to power was maximum, unlike the three caliphs. In order to reach his government, the people made him the ruler through direct participation and not on the basis of coercion and propaganda, but on the basis of his inner desire.

The formation of the World Trade Organization and the fundamental agreements of this institution was an effort to develop international cooperation in the commercial field, this cooperation itself initiates a kind of convergence and comprehensive protection of intellectual property, but the above-mentioned institution, in line with a comprehensive support, agreement TRIPS and established dispute settlement body with a range of guarantees to support various areas of intellectual property, including trade secrets. Trade secrets are confidential technical knowledge and useful information in business matters that are necessary for the implementation of certain industrial activities and must be kept confidential. Therefore, these secrets need effective laws for optimal protection, however, with this introduction and from a descriptive-analytical point of view, we want to examine the role of the World Trade Organization in the development of protection of intellectual property and, in particular, trade secrets? And in the next step, to what extent are the laws of Iran, Iraq and other Islamic countries in sync with trade secrets? Certainly, the existence of provision 39 of the TRIPS agreement, the protective principles of intellectual property and the creation of a binding dispute settlement body to require the compliance of laws with TRIPS criteria and the interaction of the countries of the World Trade Organization, is a positive step in the direction of promoting intellectual property rights and trade secrets, which Important points out the necessity updating the laws in the field intellectual property and developing a special law in the field of trade secrets