فصلنامه حقوق اسلامی
سال دهم شماره 3 (پیاپی 38، پاییز 1392)

Prohibition of producing, accumulating, and using non-conventional arms (whether nuclear, chemical, and microbial) are among global and controversial issues in the contemporary age. The present writing has discussed this issue from the viewpoint of Islamic Shari‘ah and based on Imami jurisprudence. In the first step, opinions of Muslim jurists about this point and documents supporting them have been discussed. In whatfollows, the idea of the Supreme Leader of the Islamic Revolution of Iran- Ayatullah Khamenei has been explained and attempts have been made to know its nature. The limits of this prohibition have been explored in time and location and some questions in this regard have been replied. In conclusion, concerning consequences of the Fatwa issued by the Supreme Leader as compared to the commitment of Islamic Republic of Iran in NPT, the author explains some points.

Though, according to juridical arguments, seller is obliged to deliver the object sold to buyer and it has been said in the Article 362 of the Civil Code that contract of sale makes seller responsible for delivery of the object sold to buyer, this obligation may be devolved to buyer, if a mutual agreement is made. Legal aspects of this condition such as legaldescription of responsibility for delivery in the contract of sale, nature of delivery, the impact of condition on seller’s exchange guarantee, implementation of responsibility for delivery in cases costs of implementation of condition are extraordinarily high may be discussed. It seems that responsibility for delivery is required by the essence of contract while its implementation by seller is the absolute effect of contract. Delivery is not an independent legal act, rather it is a legal event. In cases in which implementation of condition requires extraordinary high costs, the condition is null and void and, according tothe articles of Civil Code, seller is obliged to deliver the object sold.

Moral, juridical, and legal study of using weapons of mass destruction is based on two factual and judgmental issues. In the present writing, the author has tried to study factors influencing judgment such as extent of damages, type of damage, and intent to cause damage while taking into account instances of weapons of mass destruction. Then, while considering rules concerning war and jihad as well as rules which should be at work in war and jihad, the situation of slaughter of civilians has been, as a principle and its exceptions, discussed. Based on the two above points, the rule concerning weapons of mass destruction has been studied. Also, in the Islamic Law, since rule is based on the wisely legislative will, attempts have been made to analyze standards concerning weaponsof mass destruction based on juridical proofs and opinions of jurists and the rule concerning this issue is inferred.

According to the Article 172 of the "Code of Courts Martial", courts martial are not allowed to examine common crimes or crimes committed by military people while serving the department of justice. In interpretation of these exceptions, there are many disagreements among legalists as well as official and judicial authorities. Concerning the first exception, disagreement is caused by two narrow and extensive interpretations of crimes committed in connection with military … duties. And, for the second exception as well, there are two narrow and extensive interpretations. In the present article, studying various theories and opinions, the author has tried to strengthen the view which is in more harmony with the philosophy of existence of courts martial and the aim looked for by the legislator through mentioning these cases as exceptions. To be sure, judicial precedent in the Judicial Organization of Armed Forces and sometimes in the Iranian Supreme Court has gone to extend competence of the courts martial and this is inconsistent with the existential philosophy of courts martial and the will of the legislator inthe Constitution.

Non-conventional weapons are threats against international peace and security. This threat is against both human beings and their environment. When there are military conflicts, parties involved are obliged to observe some rules and are not allowed whatever weapon (such as nonconventional and nuclear weapons) against their enemies; for, nuclear wepaons, because of their high destroying power as well as other characteristics, violate rules of humanitarian law and destroy environment of the present and future generations. In spite of the destroying power of these weapons, conventuional international law is silent about using them. From valid arguments provided by Imami jurisprudence, the emendation and refinement of the ratio legis, and juridical theses, prohibition of using nuclear weapons to preventdestruction of environment may be inferred.

Exposure to public scorn is a punishment through which the condemned party is introduced to people. In the Islamic Punishment Code (1392/2013), exposure to public scorn has been taken in account in the form of publishing the sentence in media (media exposure). Criminologically speaking, public exposure has some advantages and disadvantages. Distrust in testimony of liar, anti-promotional effect, modification of media picture of crimes … are among advantages of public exposure; and, conflict with human munificence and privacy, promotion of criminal populism, promotion of media platitude,inefficiency … are among its disadvantages. Public exposure has more disadvantages than advantages; thus, in terms of crimes, it should be restricted to economic ones and, in terms of criminals, it should be restricted to white arrow criminals. More than a legal and judicial action, media exposure is an act with media nature. Thus, the “bylaw of media exposure” should be formulated by media institutes and professionals. The proposed bylaw should include limitations in terms of the media which are allowed to publish thesentences, form of publishing, time of publishing, and method of exposure.