پژوهشنامه حقوق اسلامی
پیاپی 39 (بهار و تابستان1393)

One of the juridical rules is that of “lack of loss of option with destruction of the object”. This rule has application in irrevocable contracts، so that it could be claimed that this rule overrides in irrevocable contracts in the realm of options. Contents، evidences، terms، realm and effects of this rule haven’t been studied by researchers of jurisprudence and law and as a result this rule hasn’t been made clear and analyzed in the above mentioned dimensions. This reality shows the existing scientific gap in rule of “lack of loss of option with destruction of subject matter”. Thus the present paper seeks to fill this scientific gap and to study and analyze the rule of “lack of loss of option with destruction of subject matter” in terms of contents، evidences، terms، realm. It also raises the questions about it and presents suitable answers derived from the regulations of Islamic law based on juridical sources following the method of descriptive analysis and desk survey.

Good faith means doing duties honestly, fairly and logically, duties which two parties of the contract or other contract related third parties expect them from one another. Meta jurisprudential conceptions such as sincerity, justice, fairness and some jurisprudential rules such as irrevocability of contracts, prohibition of causing loss and damage, benefaction and principle of validity are the origins of the principle of good faith in Islamic resources. Therefore, the divine legislator presumes the principle of validity and considering Muslims behavior as valid, a point mentioned and emphasized in the Quran. This rule sometimes functions negatively to express the instances of good faith such as forbidding people from deceiving others. So, with regard to the point that Imamiyyah jurisprudence is the original resource of Iranian law, the legislator can, by inspiring from moral and jurisprudential teachings, legislate the principle of good faith. In this article, some of approaches to good faith in sale contract and contract of mandate will be briefly studied.

Nowadays, electronic commercial instruments can be easily used in Cyberspace. Electronic bill of exchange is also one of these instruments. Efforts have been made in UNCITRAL towards creating a suitable field for increasing electronic commercial relations. So it is possible for merchants to benefit from the mechanisms designed to take advantage of electronic commerce such as the electronic bill of exchange. In terms of using electronic bills of exchange, such Issues as the written form, way of attribution, signature and the legal validity and the formal conditions of the electronic bill of exchange are raised. This article, which is the first comprehensive research on electronic bill of exchange in Iranian legal system, deals with the issue in the law of Iran, the laws of foreign countries and international conventions. We believe that the fundamental principles of commercial law about the bill of exchange and the rules of electronic commerce enacted in 1382, can be applied to electronic bill of exchange in Iranian law, and be analyzed based on the available laws.

Vast majority of studies on the relationship between religion and crime, has focused on the role of religion in crime prevention and the effect of religious motivations in committing crimes was neglected. However, Today's this crimes is accounted for high volume crime offenses in the news around the world, especially in Muslim countries. Religiously motivated crime is "any criminal conduct which the sole or principal motive for committing the act is religious orders or to protect the whole of religion. ". To identify Religiously motivated crime it is needed analytical issues, Because according to this definition, examples of religiously motivated crimes are different. It should be noted that the divine religions are not causing offense and what is the cause of crime in this area is the religious motivations that can be transferred in wrong ways. Religious-motivated crimes in various fields such as variety of instances, frequency, importance of instances, typology of motivation and etc differs with the other crimes and this study seeks to analyze it.

In a MLM company, distributors whole buy the products and retail to end users out of a fixed commercial location. In addition to margin, they get retail commission for every sale. Also every distributor is able to recruit, train and sponsor new distributors – directly and indirectly- and get a percentage as an overall commission. In this way, there are two contracts between company and distributor in a MLM company. One is sales contract with a fiscal exchanged act condition in implied which contains the products purchase contract by distributor and getting retail commission by selling it to end users. The other is proxy contract whereby distributor (as the company’s proxy) act to recruit, organize, sponsor and train continuously new distributors. In practice it isn’t convened any contract between distributors, but with respecting the way they interact, the governing contract between them which recognized by law, is quasi lease contract.

The Unification of law and legal rule, represents one of the characters of legal positivism on the basis of the legal rule and leads to the unification of law and statute, and can generate state justice and therefore cause the literal interpretation of the law. However, is what we may, by insisting on the distinction of the law and legal rule, cause the ground of the passage of the state justice to the customary justice or divine justice and therefore get rid of the literal interpretation of the rule and move toward a type of interpretation based on the general principles of law? It seems that the quality or the type of the interpretation, in each legal system, depends on the quality or type of the legal justice in the legal system and the type of the legal justice depends on the quality of the foundation of the legal rule. Based on an analytical and positive method, but not on a state method or on that of Kelsen, it supports on the distinction of the law and of the legal rule, refused the monopoly of the state will in the foundation of the legal rule, especially in the legal model Iranian, and provides the ground of the passage of the state justice and therefore of the literal interpretation of the law.

In addition to providing physical health, nutrition plays a very important role in the prevention and management of many kinds of disorders in behavior, learning and mood, which affects the developmental conditions of children and adolescents lives, their behavior in school, the process of different stages of education, and behavior and moods of adults, in different aspects of their lives, from home to workplace and society. Among the most important aspects of human behavioral disorders, are anti-social behaviors, deviation and delinquency. The close relationship of nutrition and eating habits with various aspects of human behavior and mental states has brought up the quality of nutrition as one of the most important approaches to combat anti-social behaviors and crimes. Nutritional interventions in people prone to violence and delinquency, especially children, are among the most effective solutions of this problem, in order to prevent and reduce crime rates. The failure of traditional preventive approaches, besides dramatic changes of nutritional habits of different communities in the past few decades, and increasing tendency to irritating and harmful foods, illustrate the necessity and urgency of implementing these interventions. The present article examines the relationship between nutrition and human behavior, specially deviation and delinquency, and the way of utilizing nutritional interventions, by using the results of researches and teachings of Islam in this respect. It finally asserts that considering people’s nutrition as an effective factor in committing crime and its prevention is necessary from the perspective of micro and macro criminology, and must be the subject of planning and legislation.

“Control” is one of the main keywords of Public Law and the necessary condition for realizing all the other principles of the Public Law such as separation of powers, safeguarding the constitution, and rule of law. The subject of this article is investigation and analysis of one of the control competences in the legal system of the Islamic Republic of Iran, which is assigned to the speaker of the Islamic Consultative Assembly in the Articles 85 and 138 of the Constitution. The mechanism of execution of this competence is supplement to the control of Administrative Justice Court and the General Inspectorate of the State. However, by later addendums to the Law by the Parliament, it was changed in form gradually. The main questions that we will discuss in this article are as follows: In what category of controls of public law can the control of the Speaker of Islamic Consultative Assembly be placed? What are the inclusion, mechanisms, and results of this control and what is the relation of this control with other control mechanisms in the Islamic Republic of Iran’s legal system? In this article, we are to prove that the control of the Speaker of Islamic Consultative Assembly in the Islamic Republic of Iran’s legal system lacks sufficient efficiency. In addition, the above mentioned control cannot be categorized under any of the current controls of the Public Law. It seems that contemplation on different aspects of this control is essential and presence of this control in its current form disturbs the harmony of the control mechanisms and eventually the legal system.