فصلنامه پژوهش های فقه و حقوق اسلامی
سال ششم شماره 4 (پیاپی 20، تابستان 1389)

The boldness is an action which contradicts the proof without committing wrong or sin. In this article the author has pointed the essence and constituent elements of boldness and many different kinds of it. The basic questions of this writing are about is the boldness against god's orders or not. Does the boldness thought contradict certainty or absolutely by proof? and etc.The aim of this investigation is to explain the concept of boldness and its logical structure and find its applicability and different sorts.

The importance of confession in evidence in substantiation of claims and rights is clear for everyone and by reason of religious law of confession, the sane is well aware of his loss and confessor is bound to his confession contents. There is no dispute between jurists and lawyers about confession influence of healthy person but about sick person confession (in death sickness) and there are different opinions among scholars of five Islamic law schools of jurisprudence. This article studies the opinions of the five Islamic schools of jurisprudence by using reasonable and narrative evidence

Although many debates have been conducted over some special features of gambling in Islamic jurisprudence sources, there are few researches about the roots and impacts of its criminalization. In spite of the fact that Iranian criminal policy from 1928 to 1999 was subject to fluctuation over its criminalization, it has been neglected by the literatures. Besides that, even though the Iranian legislative have been insisting on criminalizing these commitments–before and after Islamic revolution-, yet the crime havent been defined certainly by Iranian criminal law, something that undoubtedly break the principle of legality. Then in that base, finding an exact legal definition and afterwards analyzing the three essential elements of gambling as a crime in Iran –even in short terms- is necessary.

In the previous quarterly of jurisprudence and the principle of law (No 15), there was an article as execution of a sentence of stoning to death during the absence of Imam of our time. Its author was Jamileh Kadivar. Although she indicated that it is true but in her article, she said that stoning is not in favor of people. She criticized it in her all article. This article criticizes her point of view and indicates that this rule is necessary.

One of the fundamental principles in inference is Religion Taste. Jurists use it to optimize Ijtihad. There are different arguments about Religion Taste. It can be found we can use it as a minor reason along with other reasons.Jurists found that they should know the legislator 's ways and needs and recognize the nature of religion.At first this article defines religion taste and then analyzes its challenges such as establishing new jurisprudence and etc.

The present research tries to study the principle of innocence in the preliminary stage of investigation, that is, after the discovery of crime and before the procedure of judgment. In fact, the preliminary investigations and legal actions. Are of high importance. Regarding the subject, aim, feature and involving parties, the criminal procedure is different form legal procedure and these differences have made it important and sensitive as one of the critical stages of criminal procedure. At this stage, the culprit who is deemed to be innocent up the time his charge is not proven, in the light of the said principle, has some legal rights and this matter should be taken into consideration. In the other words, since this principle claims that the culprit is innocent until his charge is not proven, he should not be forced to confess or testify against himself, thus he must not impel to answer for the claims against him and he has the right to keep silence. He may have a lawyer or an interpreter and take advantages of his assistance to prove his own innocence. Further more, for the other benefits of the said principle, he is of individual freedom during the preliminary investigations and his arrest, for the benefits of social interests, is confined to exceptional cases together with special circumstances. The above benefits are examined with regard to international documents, the European human rights convention, American human rights convention, the international civil and political agreement, international criminal charter and Iranian legal system.

One of the major and more controversial matters in international arena is international peace and security. This matter becomes more controversial when it relates to the international criminal tribunals. In other words, the term of “tribunal” itself in international relations raises inherently the conflict between peace and justice. It means that this basic question may be made whether there is any conflict between international peace and security and justice? Moreover, a tribunal which, in principal, is seeking to apply and realize justice, in the case of any conflict between peace and justice, to which it may give priority? Or such a question may not arise at all. This research, therefore, deals with the role of the international tribunals to maintain and restore the international peace and security. It is necessary, so, to review the different generations of international criminal tribunals/ courts and the relationship between peace and justice. The international society, surely, is seeking both to maintain international peace and security and apply justice in long time. The society, therefore, tried to use all available instruments to achieve such purpose. This has been done sometimes by the victorious states after armed conflicts, and sometimes by the UN Security Council. These courts have done their role to maintain international peace and security through trying, sentencing and imposing punishments against the responsible persons. They also achieved this purpose via prevention of the future crimes and rule of law, which is precondition for peace.