نشریه پژوهش های فقهی مسائل مستحدثه
سال دوم شماره 1 (پیاپی 3، بهار و تابستان 1403)

In the capital punishment, despite the correct execution of the sentence, the convict may rarely remain alive. In this case, the question arises as to whether a re-execution is doable or not? And if the prbablity of re-execution exists, what is the status of the initial execution and the resulting injuries? Are they compensable or not? This article, using a descriptive-analytical method and library resources, has examined the fiqhi feasibility of non-implementation of punishment after execution survival. The research findings indicate that with the correct and proper execution of the death penalty, confirmed by the competent authorities, the title of the prescribed execution and retaliation (Qisās) for life is applicable. Considering the verses and narrations on the issue of retaliation and prescribed punishments, and considering the principles and rules of the issue of prescribed punishments and retaliation, such as the principle of caution in blood (al-Ehtiyāt fi Dimā’) and the rule of averting (al-Qaidah al-Dar’), the feasibility of re-execution is overruled. However, regarding the initial execution and the resulting injuries, in the case of the feasibility of re-execution, there are seven opinions among the Islamic jurists, which do not seem to have a well-reasoned and solid foundation; because by accepting the re-execution, if the injuries and wounds inflicted on the executed person in the first stage are not compensable, this is an aggression and injustice against the executed person, and if they are compensable, whether in the form of blood money (Diyyah) or retaliation (Qisās), they are contrary to the rules and principles of the issue of retaliation and blood money in Imamiyyah Jurisprudence.

A critical challenge of the modern economy is negative inflation, which, according to some economists, can sometimes be more detrimental than positive inflation, as it can lead to economic recession. In negative inflation, the value of money increases, while the value of goods decreases for reasons such as increased production and lack of proper supervision. This paper, recruiting a descriptive-analytical method and by examining the views of contemporary jurists, presents solutions to compensate for the damages caused by negative inflation, including the government's responsibility to compensate for damages and the insurance of production and product damages, and examines the fiqhi foundations related to these solutions. Findings suggest that, given the various causes that can be attributed to negative inflation, the civil liability of the government is only provable in cases where it has, through positive or negative causation, created the conditions for negative inflation, or where this issue is due to the government's negligence, by referring to the principles of "destruction" (itlāf), "causation" (taṣbīb), and "the return policy" (al-kharaj bi al-ḍaman). Furthermore, the legitimacy of insuring against the damages caused by negative inflation is also proven by the generality of the principles of fulfilling promises and trading by mutual consent, as well as the basis of reason and the absence of a legislative prohibition in this regard.

Social and participatory institutions under titles such as non-governmental organizations play an important role in civic education and socialization of individuals in actions and reactions for interactions and communications, and ordering in the realm of human social life, which can be the providers and guarantors of social order and consequently legal order. The mosque is one of the historically established models of non-governmental social organizations, in which various aspects of citizen education can be studied in the realms of convergence, synergy, and solidarity for the realization of a desirable and worthy society. Recruiting a documentary approach and a review of the studies conducted, this article found that moral education in the institution of the mosque cultivates individuals committed to social and legal norms, which will lead to the advancement of civility and social and legal socialization. Essentially, it can be said that the mosque-educated and congregation-trained individual has a greater practical commitment to observing social and legal rules and regulations, and a society based on mosque teachings, with an approach of internal control (in the absence of external control), will train individuals more committed to social order and legal order, and with less cost, the outcome of that society will be more optimal and worthy.

Improper hijab inflicts harm on the spiritual health and social life, particularly the stability of the family as the core of the community. Therefore, a criminal response to it is necessary. The Iranian criminal legislature has utilized two reactions: imprisonment and monetary fines, but the results have indicated their ineffectiveness. Consequently, the penalization of deprivation of social rights has been recently proposed. Although social rights are defined as an individual's rights in relation to social institutions, there is no consensus on this meaning and its instances. This article, recruiting a descriptive-analytical method and library resources, examines the nature of using this penalty. While deprivation of social rights has advantages compared to imprisonment and monetary fines, and is also prescribed in some cases in Islamic law, it does not appear Fiqhi legitimate in instances where it is connected to an individual's life and fundamental rights, such as deprivation of access to medical facilities.

In the realm of social fiqh, discussions regarding public order and security, and particularly the deprivation of social security and actions such as Muhāribah, which involve intimidating behaviors accompanied by the display and use of weaponry, are among the serious issues that have been met with the most arduous punishments in criminal jurisprudence, as explicitly addressed in the Holy Quran. Alongside this, the issue of assassination and targeted killings is also considered in criminal jurisprudence due to its conceptual and legal affinity with the discussions of Muhāribah. It is necessary that such issues be regularly reexamined and scrutinized in a comprehensive view of social and state fiqh. The present article addresses the topics related to assassination and muhāribah, examining their characteristics through a descriptive-analytical method utilizing library resources.

Given that the virtual space, particularly the metaverse technology, is considered one of the novel topics, it is necessary to examine its aspects from an Islamic Fiqhi perspective. The metaverse is a digital space that deals with various technologies such as virtual reality, augmented reality, digital currencies, and the internet. This digital world is interconnected through blockchain, virtual reality, augmented reality, online games, and digital assets, and it is claimed to have numerous applications and benefits in education, medicine, economy, entertainment, etc. One of the issues related to the metaverse space is the purchase of real estate in such a space, as the question arises as to whether the conditions of the counterparts, including the requirement of ownership, apply to real estate and land in the metaverse or not. In this paper, using a descriptive-analytical method and relying on library resources, after explaining the conditions for ownership, it is proven that the real estate traded in the metaverse have both fiqhi and legal ownership. Furthermore, by examining the major premise of the requirement of the validity of a transaction on the ownership of the counterparts, it has been clarified that the lack of ownership of these real estates does not prevent the generalization of the validity of the transaction to them.

The right to health is a fundamental human right rooted in the right to life. In the Islamic legal system, this right takes precedence over other rights and obligations due to the necessity of preserving life. One aspect of the right to health for citizens is the right to reproductive health for women. Given that women's health is considered an indicator of a country's development, governments are obligated to ensure women's reproductive health. The Iranian legal system also places a particular emphasis on the health of pregnant mothers. The enactment of the Law on Family Protection and Population Rejuvenation, which implicitly adopts a health-centric approach, is a significant step towards ensuring women's reproductive health. This research, using a descriptive and analytical method, delves into the foundations of Imamiyyah (Shi'a) jurisprudence regarding maternal reproductive health, and analyzes existing laws to elucidate the status of the right to the physical and mental health of pregnant mothers as a civil right. Findings indicate that the right to maternal reproductive health has solid foundations in Imamiyyah jurisprudence. The preservation of human dignity, justice-centricity, the prohibition of harm to others, and the negation of hardship and embarrasment are among the most important jurisprudential foundations of the right to reproductive health. An analysis of the foundations of the Law on Family Protection and Population Rejuvenation suggests that the Iranian legislature has been attentive to principles such as dignity, justice, the prohibition of harm to others, and the negation of hardship and embarrasment.This research, with a descriptive and analytical method, while examining the legal foundations of Imamia regarding maternal reproductive health, analyzed some existing laws to explain the position of the right to the physical and mental health of pregnant mothers as one of the citizenship rights. The results of the conducted studies indicate that the right to reproductive health of the mother has valid foundations in Imami jurisprudence. Preservation of human dignity, central justice, prohibition of harm and negation of hardship and embarrassment are among the most important jurisprudential foundations of the right to reproductive health. The basic analysis of the articles of the Family and Youth Protection Law also indicates the legislator paid attention to principles such as dignity, justice, negation of harm to others, and negation of hardship and embarrassment. .

In Islamic jurisprudence, specific rulings have been established regarding natural resources, particularly forests and rangelands. According to the majority of Shia jurists, natural resources including mountains, valleys, hilltops, marshes, rangelands, and forests are considered part of the "public goods" (anfal) and are under the ownership of the Imam (peace be upon him). A waqf (endowment) of rangeland or forest is only valid and legitimate if the person establishing the waqf was involved in the creation of that forest or rangeland. The inhabitants of the northern forests of Iran and other forested areas of the country have had a centuries-old history of residence in the forests, as evidenced by historical records and ancient artifacts discovered throughout the northern provinces and similar locations. This sense of ownership over the forested lands led some believers to endow the forest lands under their control for various purposes. However, through the enactment of the Law on the Nationalization of Forests, the status of these forest land endowments was challenged. The law recognized the validity of endowments established prior to the enactment of this law but did not acknowledge endowments created thereafter, on the grounds that they involved the endowment of property that did not belong to the endower. This applied research, based on Fiqhi and legal sources and recruiting content analysis, examines the validity of endowments of forest lands after the enactment of the Law on the Nationalization of Forests. Findings indicate that the tradition of waqf and votive offerings in Iran is as old as the history of its inhabitants. Since the monotheistic people of Iran considered themselves the owners of the forested areas under their control, they endowed their properties within these areas. In this case, from the perspective of Fiqh and common law, the endowment of lands within these areas, which have been validly established according to Fiqh and contemporary legislation, should not be undermined on the pretext of them being part of the "public goods" or the nationalization of rangelands and forests.

Abortion may be motivated by the concealment of the heinous act of adultery and the preservation of family honor, the necessity of saving the mother's life when the continuation of pregnancy threatens the life of the mother or the fetus, the prevention of the transmission of genetic disorders like hemophilia, the avoidance of the birth of a malformed child, the prevention of the inheritance of genetic traits, and so on. The religious ruling (hukm) on the physician's responsibility can be studied from two perspectives. First, the legal (wad'i) ruling and the physician's responsibility in abortion, which varies based on the physician's knowledge, skills, and competence. Second, the ethical (taklifi) ruling on the physician, which differs based on the motivations for the abortion. In this regard, the ethical ruling and the physician's responsibility or exemption from responsibility are contingent on the legitimacy or illegitimacy of the abortion. According to some jurists, the necessary causes and circumstances justifying the abortion must be conclusively established, and the resulting benefits must outweigh the prohibition. Therefore, understanding the legal and ethical rulings on the physician and the resulting responsibilities in the aforementioned cases is deemed necessary. The present paper, recruiting a descriptive-analytical approach, examines the physician's and medical staff's responsibility regarding abortion in various cases.

The consequences of a crime sometimes befall other individuals who have not played a role in the commission of the crime. Therefore, the scope of the duties and authorities of the judicial police in dealing with individuals unrelated to the crime, similar to their dealings with the perpetrator himself and the crime, must be based on the law and be clear and transparent. Sometimes, after the commission of an apparent crime, the person is pursued by the officers, and then, in the course of the pursuit, in order to escape from the law enforcement officers, the person hides in a residential home or an academic environment. In this case, what is the duty of the judicial police? Can they enter the private domain of individuals unrelated to the crime without a judicial warrant? The Iranian legislature's approach is such that for the inspection of residences, whether the place belongs to the accused person or another person (not involved in the realization of the crime), different laws have not been enacted, and in both cases, one law is applied, while a difference and distinction in this regard is necessary. Proving this difference and the need to create a differential approach is the outcome of this paper. The present research has utilized a descriptive-analytical method and library resources.

Persuasion, the objective of the science of communication and the Quran, is the noblest form of interaction. The ultimate goal of persuasion is to reach action through insight and inclination. The primary condition for religious persuasion is the audience's exposure to the religious message. One of the important fiqhi rules is the avoidance of the misuse of authority by the obligated person, which negates the removal of the punishability of voluntary prohibitions in the path of fulfilling a religious duty. This research, through library data collection and recruiting a descriptive-analytical method, seeks to answer the question: What is the conception and application of the rule of "avoidance of the misuse of authority by the obligated person" in religious persuasion? The rule of avoidance has applications in kalām (theology), usūl al-fiqh (principles of jurisprudence), and fiqh (Islamic jurisprudence), and has both textual (naqlī) and rational (aqlī) foundations, with a wide range of applications. In the issue of religious persuasion, with an emphasis on the Holy Quran, the application of this rule can be divided into two individual and social domains, where issues such as "attentiveness" (insāt) can be constitutive of this rule in the individual domain. Accordingly, the circle of "attentiveness" will be expanded from silence to active listening.

Despite the frequent and important instances of the rule of no harm (la darar) in the interactions of modern humans with animals, this rule has rarely been considered in jurisprudential research on animal behavior. Islamic research on how to interact with animals will both pave the way for the enactment of related laws and, at the stage of implementing these laws, will provide religious enforcement for the religious community. The purpose of this research, which is written in a descriptive-analytical method, is to state the instances of no harm and analyze the quality of the application of this rule in the rulings of dealing with animals. To this end, in the first step, the most important اصولی differences of opinion about the rule of no harm and their impact on the principle and method of selecting instances of the rule are stated; In the second step, after explaining the points that need to be considered in applying no harm to environmental instances, the most important instances of this rule in dealing with animals are examined.