نشریه مطالعات میان رشته ای فقه
پیاپی 15 (تابستان 1403)

the role of bank credit in giving liquidity into the economy, necessitates need for legal protection of credit and the adoption of remedial measures against its disruption. the analytical and comparative study of "arbitration in banking lawsuits", "bank liability" and "mechanisms related to the bankruptcy of creditors" as the most important remedial measures against the disruption of bank lending in the criminal policy of Iran and the European Union, shows that in comparison with the stipulation of arbitration in (CFR), article 139 of the iranian constitution, has faced a challenge reference claims related to obtaining loans from state-owned banks to arbitration. Regarding the bank's civil liability, both legal systems have tended to the theory of "fault-free liability". Regarding the bankruptcy of the creditor, the wide applicability of the EU regulations on bankruptcy and the special rules of credit institutions and the granting of privileges to creditors with collateral in the Iranian legal system indicate the importance of the rights of creditors in both legal systems.

The ticket slip as the passenger's identity authentication document and his/her passage permit is a proof of his/her previous verbal or written contractual relationship with the transport operator. In this article, while explaining the legal nature of the ticket in domestic law and international documents, the validity of the terms and obligations included in it, which are often against the passenger, have been explained. As a result, the obligations contained in the ticket are mandatory for the passenger to the extent that it can be verified as a legal obligation, but because the ticket is not recognized as a contract in the relevant domestic laws and international conventions, therefore the conditions and obligations contained in the ticket are not recognized as a contract. In it, there is no effect against the passenger, and his action in accepting and taking possession of the ticket is not considered acceptance. The legal procedure of our country also supports the same opinion in order to protect the traveler.

Recognizing the norms and regulations of international law and guarantying the international activists’ commitments necessitate a provisioning of international responsibility system for them. Using the descriptive and analytical methods and library data, the present research studied and explained the Islamic jurisprudential fundamentals of and political challenges for the governments’ and NGOs’ international responsibilities. The research findings showed that despite the lack of discussion on the subject in the Islamic jurisprudence, several jurisprudential regulations – such as the negation of hardship, the rule of prohibition of helping to commit a crime, the prohibition of detriment, as the most important ones - can be used as the fundamentals to justify the governments’ and NGOs’ international responsibilities. Despite this, there are several political challenges – the governments search for profits, their intervention in establishing the international laws, and political considerations effects on the election of judges for the international trials, as the most prominent ones - for the governments’ and NGOs’ international responsibilities.

One of the most valuable concepts in today's world is to solve the concern of intellectual property in the real space and especially in the digital space. Because in order to solve the concern of intellectual property, it is necessary to offer up-to-date solutions on the platform of blockchain, so that in their form this space of intellectual property rights becomes a safe and secure area. In order to implement this, today non-fungible tokens are used to acquire the right of ownership of a real or digital asset under the title of a digital document. And blockchain, by creating NFT tokens that are created and moved on the blockchain of digital currencies, has made the artists of the world, including painters, architects, musicians, digital artists, graphic artists, animators and filmmakers, who are mainly created from works of art. They earned their own money. Or sometimes they gave away their intellectual property in order to earn money from works of art. They were always faced with the problem of copying works and the ineffectiveness of copyright laws, as well as the problem of selling fake works and mediation of works of art, to find a special solution. This research seeks to explain the solution to the concern of intellectual property in the real and digital space. Therefore, in this research, we seek to analyze the use of NFT tokens and its impact on intellectual property by taking inspiration from similar materials with a descriptive-analytical method. enactment of appropriate legislation, systematic foundation and creation of desire in governmental and non-governmental institutions to use non-proprietary tokens in further protection of intellectual property rights.

The initial text of the bill for preventing women's injuries and improving their safety against abuse was prepared in 1392 in the vice-minister of women and family affairs of the 10th government and sent to the government for approval. Finally, after examining this bill among different governments and parliaments, the final bill was finally approved by the government board in December 2019. And finally, on May 29, 1400, the receipt was announced and it was referred to the legal and judicial commission of the parliament with a condition of urgency. In April 1402, the details of the plan were approved by the Islamic Council and its name was changed to "Prevention of women's injuries and promotion of their safety against abuse". The question that exists is what innovations can be legally discussed. In the present study, the author believes in the descriptive-analytical method following the answer to the above question that: innovations such as the integration of all institutions to support women, the establishment of a women's support fund, the provision of medical expenses and special attention to imprisoned women, the development of counseling centers for maintaining The mental health of abused women, the proper way to deal with women, the criminalization of responsibility due to the transmission of diseases through sexual intercourse, referring to the illegitimate submission and non-violence of men for the first time, as well as the permission for women to leave the country in the case that the man is against it for no reason. The title is innovation and strengths of the bill.

Religious socialization is a process through which religious culture is transferred from one generation to another. The aim of the current research is to investigate sociological factors affecting religious socialization. The theoretical framework of the current research is a combination of Glock and Stark, reference group, Giddens, and Bourdieu theories of religiosity dimensions.The research method in the present study is a descriptive-analytical survey, and the data was collected from two documentary-library and survey methods using a researcher-made questionnaire tool. The study population of this research is 384 young people aged 18-28 years old in Central Province. The results show that economic capital, social capital, cultural capital, the degree of encouragement of the school to religious activities, the degree of use of news and religious topics in the media, the degree of religiousness of friends, the degree of democratic family upbringing, religious family and the welfare state of the living area are among the effective factors. They are based on religious socialization. The findings of the regression analysis indicate that the net effect of the social capital variable is more than other independent variables.The value of the correlation coefficient (R) between the variables is 0.722, which shows that there is a relatively strong correlation between the set of independent variables and the dependent variable. The adjusted coefficient value of 0.508 also shows that the set of independent variables predicts 50.8 percent, i.e. half of the variance of the variable of religious socialization.

As a priority, suspicion bears no credit to be used as an argument and prove in lawsuits and they give no place for it in logics. Unless some certain cases of suspicion to be empathized by shaare', Quran and tradition too consider suspicion as unreliable in proving a truth and using it in Sharia verdicts. Suspicion is also prohibited by shaare' as a proof for a sharia verdict or in jurisdiction and credit litigation such as tradition with a single narrator; and, the priority is to prohibit it especially in relation with decisions on other people. Therefore, many of accusations, calumnies, roorbacks are mostly based on suspicion. For example, accusation for a murder may have its roots in suspicion. Notwithstanding, it should be acknowledged that, affected by time and place necessities, many of legal principles and rules governing the guarantee for the prohibition of suspicion (such as the presumption of innocence and in dubio pro reo) and also the rights for its guarantee (such as the right for litigation, the right to remain silent, the right for arraign and privilege from arrest) have gone under modifications.

Marriage is known as one of the most outstanding events during lifetime and family is considered as the most important legal foundations in human societies. The requirement to get prepared for it and physical maturity and the growth of wisdom strengths of individuals to commence a joint life and getting married are so important that many of legal systems throughout the world have predetermined a minimum of age range to start such a stage in life. The legal system in Iran has experienced several changes and different regulations from many years ago regarding the minimum age requirement to get married. Child marriage is one of the issues that have deprived many of the children of their rights. Early marriage occurs in ages through which individuals have not reached intellectual and logical maturity. Islam has provided rules related to human rights completely and comprehensively and has emphasized their enactment seriously. It values the human personality and supports human beings and sometimes it emphasizes on women’s rights more and supports their rights specifically. In the present research and using library resources, articles, internet websites, and the viewpoints of the scholars in the field and after the identification of proper marriage age and maturity, the changes in legislations in Iran, the results and outcomes of their implementation were investigated. The results showed that Islam values women greatly in a way that women are considered as human beings with thoughtfulness, faith, action, morals, and independent outlooks and methods and responsive as men. Therefore, considering the fundamentals of Islamic law and human rights foundations and the ranking of the genuine Islamic principles regarding all schools of thought in family rights of the women issues seem necessary and prerequisite.