نشریه مطالعات اسلامی حقوق
پیاپی 1 (بهار و تابستان 1402)

The increasing progress of human knowledge in the fields of medicine has opened new jurisprudential windows in jurisprudential chapters and topics. The possibility of continuing human life with the removal of some internal organs, as well as the possibility of accurately estimating the damage caused to the internal organs and the possibility of treating said injuries, has made the need to review the internal organs’ blood money inevitable. Since, until recent decades, such injuries often led to the death of the victim, compensation for such injuries was not studied independently, but was considered under the title of compensation for the soul. Now, with the development of the boundaries of knowledge and the possibility of the survival of the injured despite the damage or injuries to the internal organs, this important question is raised whether it is possible to extend the rule of the blood money of even and odd organs to the internal organs? In this context, there are three approaches; Opponents of the paying blood money for the internal organs, those in favor of paying it  and considering them as the main organs and those who oppose paying it for non-main organs. In the upcoming research, we will examine the opinions of the opponents of paying blood money for the internal organs and study their arguments. Finally, by criticizing the arguments of the opponents, we will decide upon the rulings regarding the internal organs.

In transnational documents, the application of extrajudicial punishments is prohibited. However, in jurisprudence texts and laws based on jurisprudence, evidences can be found on the issuing of such punishments, which can be criticized both for the first ruling and for the second ruling. Considering the inadequacy of the evidence prescribing extra-judicial punishments, the principle of the necessity of caution in protecting human life , the principle of the absence of jurisdiction in the execution of punishment, the impossibility of citing a single news in important criminal matters and rules of this kind, it seems that extra-judicial punishments cannot be considered as the first sentence in line with the ruling of jurisprudence and criminal law. By referring to jurisprudence texts, this article discusses these kinds of punishments according to the first sentence and based on the rules of criminal law and jurisprudence foundations and reaches the conclusion that such punishments have no place in jurisprudence and the laws in line with jurisprudence need to be amended or at least the current ambiguity should be eradicated .

Depending on the type of financial loss and the factors affecting its occurrence, various solutions are proposed for prevention. Some solutions have a temporary and limited effect, such as situational preventive measures, and some have a broad and long-term effect, such as community-oriented preventive measures. In the meantime, social preventive measures, as one of the oldest types of preventive measures, have a profound and long-term effect in reducing financial harm, because these measures play an essential role in eradicating deviations.  For some time now, these measures have been explained in detail in the field of victimology and are actually used to reduce financial victimization. Although these measures are detailed in Islamic teachings, they have received less attention from criminologists. Considering the needs of the society and the dramatic increase in the phenomenon of financial victimization, the need to examine these measures from the perspective of Islamic teachings is felt. In this research, by using data collected from the library and using a descriptive-analytical method, the most important social solutions to face financial victimization, such as fair distribution of wealth, institutionalizing the culture of helping the needy, the expansion of legitimate economic activities and the prohibition of hoarding have been mentioned. The findings of the present research shows that if the preventive social teachings of Islam are applied properly and fundamentally, we will see a significant decrease in the rate of financial victimization.

Since a century ago, following the anti-nature of many self-interested people who do nothing to destroy God's gifts, movements and efforts by groups and individuals who have more foresight They have started. One of the categories that does not need much reasoning is the limitation of natural and environmental resources, whose destruction can never be compensated. Based on this, in this article, firstly, different points of view on the necessity or non-necessity of compensation for environmental damages and the arguments of the parties have been proposed and examined, then based on Islamic law, the evidence of the necessity of compensation, which consists of the rule of The respect of property and the glorification of benefits have been examined briefly. In examining the necessity or non-necessity of compensating damages using selected theory, the nature and characteristics of environmental damages including long-lasting, gradual acquisition of some, irreparableness of others, and the contagiousness of damages are mentioned. has been Paying attention to rational and rational foundations is one of the evidences that confirm the compensability of environmental damages. The principle of paying attention to sustainable development and the polluter's responsibility and the rights of future generations are among the principles of environmental damage compensation that have been addressed.

The bulk of criminal cases and the increase in the criminal and prison population is a fundamental and necessary issue in the criminal justice system, and it has negative social, political, economic, etc. consequences. In order to solve this problem, lawyers have suggested changing the path of less important cases from the path of criminal justice. This research was done with analytical-descriptive method and using library tools. The purpose of this article is to answer the question of what is the position of decriminalization in the criminal policy of Islam and Afghanistan. By following the jurisprudence and criminal law sources of Afghanistan, the conclusion is reached that in the criminal policy of Islam, in the stage of discovery, prosecution of the crime, sentencing and its execution, due to the legislator's importance to the principle of innocence and the emphasis on the forgiveness of the plaintiff, ignoring petty crime, rehabilitation, judgment, etc. have a special place. In the criminal law of Afghanistan, factors such as the passage of time, conditional release, suspension of the execution of the sentence, etc. prevent the criminal case from entering the formal investigation stage and even cause it to leave the judicial process. These mechanisms show the importance of decriminalization in Afghanistan's criminal policy.

Among the rights that are given to the wife after divorce according to Sharia and law are the things that the wife does during the time of marital life and in addition to the marital affairs in her husband's house. Sharia and law have set a wage for the wife's work during this period, which is referred to as "Ojrat al-Mesl". It is obvious that despite the recognition of the wife's right to this wage, it is demanded when the life of the husband and wife is unstable and leads to divorce. Imami jurisprudence, Iranian law, and Afghan law consider the wife's activities in her husband's house and outside of marital affairs to be remunerative; provided that the wife does it at the husband's command and has no intention of donating in doing it, and the demand for it is subject to the fulfillment of some conditions. The time of payment of such wage by the husband to the wife is before finalizing of divorce and its registration in Iranian law and after the divorce or the death of the husband in Afghan law. It seems that the view accepted in Iranian law is more compatible with the legal logic and the provision of financial rights of the wife, and for this reason, Article 160 of the Afghan Personal Status Law needs to be revised and amended.

Samhaq is the fourth type of head and face injuries (Shajaj) whose blood money is equal to four camels equal to four hundredths of the full payment. In clause (t) of article (709) of the Islamic Law, the legislators defined Samhaq as an injury that reaches the thin skin on the bone. This short definition is not up-to-date, nor is it accurate or stable enough. This is despite the fact that in many accidents and disputes, the forensic organization is faced with the commission of such a crime and should report its commission to the judicial authorities. Considering the frequent occurrence of this injury in society and its considerable cost, it seems necessary to explain its nature in an up-to-date and accurate manner. For this purpose, in addition to referring to jurisprudential and narrative sources, the basis of the realization of this injury in medical science should also be studied. Based on this, it is necessary to examine and carefully consider several points to understand the nature of Samhaq. First: Does used weapon have a special character and subjectivity in the realization of Samhaq? Secondly: What is meant by the membrane on the bone and under what name is it called in medical knowledge today? Thirdly: In order to get a comprehensive idea of this injury, it is necessary to carefully examine the elements that make up the nature of Samhaq from the point of view of jurists. This article explains the library data by using the descriptive-analytical method, and the result is that Samhaq is an injury that cuts the thin membrane on the bone (periosteum).However, it doesn't tear it up, and no special invasive device is involved in its realization

A sentence is regarded as a kind of social reaction against the criminal phenomenon. In order to regulate social relations between people and maintain the basic dominating values, the society must react to disrespecting  the norms. Among the types of punishments, imprisonment has been criticized by many in recent years for various reasons such as spreading the harmful effects of committing a crime to the criminal's family and society, lack of proper deterrence, high prison costs, prisoners becoming more professional by getting trained by other prisoners. The legislative system has tried to reduce the use of this punishment by presenting alternatives. The Law on Reducing Ta'ziri Imprisonment Punishment was approved and put into effect in 2019. Now, almost a year later, it can be discussed and investigated by explaining the law in terms of legislative, judicial and executive pathological studies, and also the challenges and harms of this law. The following article, based on a descriptive-analytical method, examines the aforementioned law in terms of its fundamentals, as well as in terms of its conflicts with certain principles of criminal law (including the principle of proportionality and individualization), and because of its conflicts with the spirit of the law, disregard for the social facts, criminal inflation and the lack of executive mechanisms, this study finds some flaws with this law.

In "art rights", the owners of theatrical behaviors in public manifestations such as theater are considered as the subject of rights and duties. The strategy or aspect of "creating rights and obligations" at the threshold of religious sovereignty and in the context of "government jurisprudence" constitutes the main axis of the present article. Basically, what rights and requirements do cinematographers and religious authorities have? It is worth mentioning that the "right of religious sovereignty over cinematographers" is not limited to such norms. The nature of private-public rights of art and media rights requires the influence of religious sovereignty on the scope and narrowness of the rights of this group of artists on their performance work, including in the form of supervision of the work or restrictions on "intellectual property rights", "the right to being forgotten" should also be examined next. Also, this article will take into account the scope and nature of these rights in the government requirements and with respect to the rights of cinematographers. The following study is conducted through descriptive-analytical method and library studies.

The doctrine of Islam regarding resorting to weapons of mass destruction against people and places, includes the approach arising from the Qur'an, Sunnah, jurisprudence and common sense. Therefore, despite the prescriptive approach of war and jihad in some cases, it has also established restrictions regarding people and places. On this basis, choosing Sharia's approach over examples such as "cultural genocide and violation of cultural property during armed conflicts", especially the fact that some examples are not mentioned in the narrations, is necessary  while we discuss " The normative discourse of the sanctity of terror" and the transformation of "ethical and environmental norms" into "its legal necessity". This article, through a descriptive-analytical method and bibliographic studies, investigates various aspects of the "Islamic support" view, especially the "rule of sanctity of terror" and "humanitarian rights" to cultural heritage, and the influence of the element of "military necessity" on its permissibility or lack of  permission to destroy cultural heritage in  two fields of "Islam" and "International Law". Before that, the basis of respect for property in Islamic doctrine should be based on one of the two views of "the intrinsic value of cultural property" or "the benefit of civilians".

A sentence is regarded as a kind of social reaction against the criminal phenomenon. In order to regulate social relations between people and maintain the basic dominating values, the society must react to disrespecting  the norms. Among the types of punishments, imprisonment has been criticized by many in recent years for various reasons such as spreading the harmful effects of committing a crime to the criminal's family and society, lack of proper deterrence, high prison costs, prisoners becoming more professional by getting trained by other prisoners. The legislative system has tried to reduce the use of this punishment by presenting alternatives. The Law on Reducing Ta'ziri Imprisonment Punishment was approved and put into effect in 2019. Now, almost a year later, it can be discussed and investigated by explaining the law in terms of legislative, judicial and executive pathological studies, and also the challenges and harms of this law. The following article, based on a descriptive-analytical method, examines the aforementioned law in terms of its fundamentals, as well as in terms of its conflicts with certain principles of criminal law (including the principle of proportionality and individualization), and because of its conflicts with the spirit of the law, disregard for the social facts, criminal inflation and the lack of executive mechanisms, this study finds some flaws with this law.

Improper influence means the abuse of spiritual influence with the aim of reaching unfair and unjust contracts, which exists in all societies. This theory was first proposed by the Court of Justice to modify and adjust the contract in order to protect the weak party of the contract in English law. There is no mention of this title in Imamiyyah jurisprudence and Hanafi jurisprudence, but its examples are abundantly seen in social behaviors. The question is whether Imamiyyah and Hanafi jurisprudence have a plan to support the deprived class who are oppressed through influence. In Afghan law, which is based on Hanafi jurisprudence, there are legal articles (698, 631, 621)civil law, and in Imamiyyah jurisprudence there are rules (the rule of no harm and the principle of justice) that protect people who are subject to abuse by influential people. And according to those rules, any kind of illegal transaction is forbidden and non-enforceable, and receiving any money through it is considered to be invalid, contrary to Sharia and legal regulations, and one of the examples of unlawful ownership. key words: rulings, works, undue influence, contract, Imamiyyah jurisprudence, Hanafi jurisprudence.