فصلنامه حقوق اسلامی
سال هفتم شماره 1 (پیاپی 24، بهار 1389)

The rule of "people's control on their possessions" is one of the wellknown and certain juridical rules. The rule consists of two positive and negative parts as follows: "each and every owner is in control of all kinds of interferences in his own possessions, and no one or no institution may limit his control on his own possessions". This rule is based on the Holy Quran, the way of the wise people, consensus, and hadiths. Though it lacks a strong chain of transmission, as one of the most important narrative arguments, the rule of control is one of the certain Islamic slogans, and it is thus authenticate. If, because of what that is well-known and followed, we do not accept the idea of weakness of chain of transmission, the correct point in this hadith is that people are entitled to make all kinds of interferences in their possessions as long as there is no prohibition issued by the legislator. This hadith is to legislate; and a hypothetical and obligatory permission to make all kind of interferences by the owners, as long as there is no prohibition made by the legislator,may be inferred from it. Thus, based on this hadith and the rule of control, all doubts may be eliminated. People's control on their possessions, rights, and the like falls in the scope of this rule. Waiver and dispossession are among the aspects of the owner's control on his own property. That whether the owner's control covers depth and height of his property (whether the owner is a natural person or government or nation) follows the convention.

"Costs of crime" is one of the most important issues in the field of criminology and penal policy which has been designed, based on an economic approach, to infer, explain, and calculate all kinds of costs of crime, and accordingly, to formulate preventive measures against crimes.The present article tries to describe the kinds of "costs of crime", explain some of uses made of it in the field of penal policy, and, through an Islamic approach, explain a part of costs of crime which has been discussed in the Islamic texts but neglected in a materialistic approach.

While exploring the juridical foundations of the right to terminate [the contract] of marriage, the present article tries to discuss the most important and challenging legal issues concerning the right to terminate [the contract] of marriage because of some diseases. The present writing says that, according to Civil Law, some diseases maybe cured, and this influences the right to terminate [the contract] of marriage on the one hand; but new diseases may appear and the above may be generalized to include them. The article discusses juridical ideas in this concern.

In the Islamic criminal policy, the prohibited behavioral area in sexual affairs is mush more limited than what that is spoken of by the opponents of this policy. Based on a moderate and realistic view to the sexual instinct and accepting it as a necessary, but indomitable and unsatisfiable,thing in individual and social life, the Islamic criminal policy has adopted an instructive and guiding approach to it. Thus, to regulate sexual behaviors according to laws and rules, it has elaborated various plans to guide the sexual instinct in the way to happiness of individual and society, elevate individual's threshold of resistance against sexual attractions as well as things which excite sexual instinct, and make obstacles against those who may commit sexual crimes, which play important roles to prevent sexual crimes.

In the field of financial services, agent plays sometimes the role of chairman of the Fund, some other times the role of consultant and basket rotator, and some still other times, he/she may work in the field of primary or secondary market. In the contracts of basket rotating, the agent, as a representative, is according to the contract obliged to sell or purchase some securities. Such contracts are of a brokerage nature.Management in Investment Funds, like management in Commercial firms covered by the Trade Law, is, by nature, beyond responsibilities of a delegate; it is representativeness granted by the investors; for, even if his office is dissolved, he has to perform his duties as long as no new manager is appointed. Contracts concluded for consultancy for investment are covered by the Clause 3 of the Article 2 of the Trade Law and are classified as commercial contracts. If the nature of "representativeness of the issuer to register securities and obtain a permission for supply" is studied, it will be known that, unlike "the issuer's representativeness to obtain a permission to the Exchange", it is some kind of representativeness and not hiring of persons, for it is followed by a legal act.

Defining an act as a crime is a well-studied measure stemmed from collective reason, and needs some principles and rules.Generally speaking, in this regard four principles may be mentioned:the principle of loss (principle of benefit), paternalism, legal moralism,and legal perfectonism. Employment of these principles depends upon government's political and cultural ideas, and each one of them springs out from a proper political and cultural idea. Thus, to know each one of them, its grounds should be known. Politcal ideas governing the contemporary world may be classified under two titles: liberalism (individualism) and collectivism. In defining an act as a crime, individualism tends to the principle of loss and somewhat to paternalism.In addition to the two, collectivism tends to moralism and perfectionism as well. The difference in creating and employing these four principles between individualism and collectivism has its roots in their anthropological interpretations.Thus, in the present study, anthropology has been regarded as a foundation to define an act as a crime; and each and every interpretation of man influences formation of political ideas and in particular the rules and principles for defining an act as a crime.

"Driving without license" is the title of many cases in criminal courts.Though only one Article has been devoted to this offense in the Act of Islamic Punishment, because of the relation between this offense and damages resulted from driving crashes by such drivers, there remain many questions and ambiguities concerning the way that the offense of "driving without license" occurs, the way that it may be proved, and how such drivers may influence determination of damages to victims of such crashes. One of the most important ambiguities concerning this issue is supervision and accessory in the occurrence of the offense of "driving without license" and determination of responsibilities in occurrence of driving crashes. Thus, in the present article, the authors have tried to explain, clarify, and make transparent the penal and civil responsibilities of a driver without a license when injuries and damages occur.