Law

Open Access Article

1 - Investigating the status of woman in Islamic ethics, emphasizing the right of custody and women's employment in the rights of Islam and humanity
Ilnaz Ali Nejad seyed mahdi salehi reza nik khah sarnaghi

The family institution has been mainstreamed in Islam in its introduction to the Convention on the Rights of the Child and has been introduced as the most important framework for the development of the child. When parental separation occurs, the issue of custody and pri More

The family institution has been mainstreamed in Islam in its introduction to the Convention on the Rights of the Child and has been introduced as the most important framework for the development of the child. When parental separation occurs, the issue of custody and priority of the parties arises for the care of the child, which is similar to the circumstances, in the absence of the necessary conditions for the custody to be transferred to the opposite party. At the same time, today one of the indicators of human development is the extent to which women are present and how they play their roles in various fields of activity, which has a serious impact on other actions. The issue of protecting women's rights and non-discrimination on the basis of gender is a special issue. Success in this case needs to be paid for employment that is being tackled. For this reason, custody and employment are two related concepts, in which the maintenance and upbringing of the child requires income, which is realized with the aim of improving the continuous education of children based on the active participation of women in employment. Its apparent manifestation and manifestation in Islamic law is more evident than its application to human rights. Manuscript profile

Open Access Article

2 - Guarantee for divorce, legal, moral and legal mediation
mahmud ghayumzadeh Tahereh Pour Nemati Shams Abad

Throughout history, apart from the political and religious issues and attitudes and tendencies and desires that are changing and progressive and sometimes in decline, the family as the main institution of each society is influenced by the various factors that make the j More

Throughout history, apart from the political and religious issues and attitudes and tendencies and desires that are changing and progressive and sometimes in decline, the family as the main institution of each society is influenced by the various factors that make the jurists , Jurists and ethical educators, in order to prevent the collapse of this basic institution of society, in order to secure the family from social anomalies, hands, to achieve various developments, and always at various dangers, including the fall and decline of morality. There are a number of rights and duties in the family. Whether among the various sciences that examine the family and its role in the upbringing of children, ethics is a matter of great responsibility, and perhaps all of the family-related sciences, including social sciences and law-based science, and morality-based psychology, and their own ethics Based on the Islamic teachings and verses, and given that the religious knowledge of the Islamic Shari'a has been given the most attention, the maintenance and preservation of the family center as the safest society of the pillar, it can be said that the science of ethics, The basis of the writing is the rights of the family. Manuscript profile

Open Access Article

3 - Civil liability of a lawyer to a party and his religious and moral rights
Alireza Karimi Larimi seyed hosein safaii

This type of responsibility of the attorney is not in the form of a contract, but in the form of a contract, and is outside the principle of "relativity of the contract" and the contractual liability of the party, that is why the party is a party (third party) and that More

This type of responsibility of the attorney is not in the form of a contract, but in the form of a contract, and is outside the principle of "relativity of the contract" and the contractual liability of the party, that is why the party is a party (third party) and that the lawyer of the judiciary in contrast, the legal conflict, will have responsibility or not? There has long been no consensus on this matter, and a traditional view holds that even the notion of responsibility for a lawyer will eliminate his focus on defense and prevent this concern in the area of responsibility for the good defense of the lawyer, but the new theory and career requirements and the lawyer's profession leads to the recognition of the attorney by providing conditions, and the legal assignments, as well as the affirmation of the third party's liability for the lawyer, are suing. Manuscript profile

Open Access Article

4 - Coming on the concept of transitional justice in the field of international law and the role of human and moral dignity in its development
Seyed Najmuddin Qureishi Abbasali Kadkhodaee Mojtaba Babaei Fatemeh Sohanian

The most important issue that occurs after a state change is through a process of disorderly progress towards stability and comprehensive development. Some lawyers in the field of international law have long believed that this is due to the implementation of mechanisms More

The most important issue that occurs after a state change is through a process of disorderly progress towards stability and comprehensive development. Some lawyers in the field of international law have long believed that this is due to the implementation of mechanisms that are based on human dignity And ethics, and they call it the process of transitional justice. This process is a prerequisite for achieving lasting peace, providing justice and human dignity in countries that have witnessed massive crimes against humanity. But in terms of the concept of transitional justice and its implementation methods, due to the newness of this concept and the variety and sometimes the mechanism of conflict, there is no consensus among the experts in this field. The difference in view in many cases has led to a different implementation of the transitional justice process. In this article, various views of this area and its effects on the implementation of transitional justice are discussed. Manuscript profile

Open Access Article

5 - Comparative study of moral damage in Iranian and Egyptian law
Hasan Ajdari Nejad Ali Almasi Iraj Pour Erfan

For a long time, a moral damage was not ratable to money. Morally, it was also harsh that moral damages be compensated with money. Therefore, compensation could not eliminate losses. Of course, now, also technically, compensation is an ultra-precise and difficult matter More

For a long time, a moral damage was not ratable to money. Morally, it was also harsh that moral damages be compensated with money. Therefore, compensation could not eliminate losses. Of course, now, also technically, compensation is an ultra-precise and difficult matter. But with the steady evolution of the civil liability concept, the principle is accepted that the purpose of civil liability is that, if possible, to find losses equivalent and then be compensated. Although compensation for moral damage is not limited paying money, but in financial compensation for moral damages, the loss does not disappear, but it is a relief to the injured. Reinforcing such views causes moral damage to be accepted in the legal systems of many countries. In the present study, we have tried to explain and analyze the place for moral damages, in Iran's rights compared to civil law in Egypt, as one of the most important rules in this field. The results suggest the Iranian legal system compared to the Egyptian legal system, despite the fact that, in various rules, moral damage is referred scatter, but no certain legal system can be considered for it. Manuscript profile

Open Access Article

6 - The senses of citizenship obligation at criminal law of iran
Abbas Zera,at Meysam Nematollahi

Citizens as a part of society has rights that nowadays known as citizenship rights ,so that the citizens because of its presence and active role at making and management of society has obligation and duty ,so that in all of the public law area for citizen some duty has More

Citizens as a part of society has rights that nowadays known as citizenship rights ,so that the citizens because of its presence and active role at making and management of society has obligation and duty ,so that in all of the public law area for citizen some duty has recognized ,but that which has the citizen at criminal law with due attention to sovereigntialitical nature of criminal law has dutes which does not acting citizens can use criminal sanctions. With review of criminal law can say that the citizen at criminal law as other area of public law has duty ,the duty to impeach the crime and to be witness and the duty to presence at court are some duty that can mention beside the knowledge of law and care of citizen health. Manuscript profile

Open Access Article

7 - Impact of globalization on the conflict of laws from the perspective of ethics
Abdolmahdi Heidari Nejad Ali Almasi

In this paper, the impact of globalization on the conflict of laws from the perspective of ethics has been examined. Globalization as an existing fact has replaced many works in different sciences and trends. In the field of law science, globalization has also affected More

In this paper, the impact of globalization on the conflict of laws from the perspective of ethics has been examined. Globalization as an existing fact has replaced many works in different sciences and trends. In the field of law science, globalization has also affected the conflict of laws in three categories. First, in terms of material (material), globalization has implicated itself in the uniformization of laws, which is being implemented by international organizations, model laws, and international conventions. In the second category, the rules of conflict resolution, where there is no possibility of uniformity of the rules of law for some reason, globalization has shown its impact by trying to unify the rules of conflict resolution. In this regard, and given the mutual effects of globalization And ethics on one another, considering ethical standards as one of the commons of human societies, can greatly leave its traces. Ultimately, barriers to the implementation of foreign law, such as public order, good morals and fraud to the law, are also limited by globalization and the possibility of extending the implementation of foreign law. Manuscript profile

Open Access Article

8 - Legislative ethical review of Iran's international obligations in the fight against terrorism
Alireza Ansari Behzad Razavi Fard javad tahmasebi

The main purpose of this study is to investigate the legal vacuum of Iran's international obligations in the fight against terrorism. This research is a descriptive-analytic-descriptive study, with the compilation of materials from library and internet sources. Despite More

The main purpose of this study is to investigate the legal vacuum of Iran's international obligations in the fight against terrorism. This research is a descriptive-analytic-descriptive study, with the compilation of materials from library and internet sources. Despite the wide-ranging nature and features of the phenomenon of terrorism, it has only become a controversial international, regional, and domestic debate for decades. Despite the fact that today all countries condemn the sound of terrorism, unfortunately, the topic of terrorism is more political than legal. Therefore, the phenomenon of terrorism has become one of the most important security concerns of nations and governments around the world. The prevalence of the phenomenon of terrorism is not limited to a particular region or states, but from a small, less developed country to the world's largest powers, somehow face this security problem. Manuscript profile

Open Access Article

9 - Examining Ethical Ethical Patterns from the Point of View And judicial procedures in the international system
Seyyed Hossein Mousavi Seyyed Baqer Mir Abbasi Mahmoud Bagheri

International law, which in the beginning looked at the relations between countries, today has paid attention to the dimensions of a wide range of human beings. Today, the deterioration of environmental crises is to a large extent endangered human life and other creatur More

International law, which in the beginning looked at the relations between countries, today has paid attention to the dimensions of a wide range of human beings. Today, the deterioration of environmental crises is to a large extent endangered human life and other creatures on the planet. For this reason, the theoretical foundations determining human interaction with nature, including ethics, are of interest to environmentalists. The explanation of the ethical theory of the environment from the perspective of judgments and judicial procedures in the international system, from the requirements of conservation and exploitation From the global environment. The common environmental ethics are based on a range of intrinsic value foundations that are human-centered and ecosystem-based, but in recent years, the proper interaction of man with the natural environment and the solution to the environmental crises of the world in the return Search for the basics of judicial procedures in the international system. In this article, we try to elucidate environmental ethical considerations in relation to the two fundamental questions of ethics about the "global environment" and "international judicial procedures" and to show why explanation of environmental ethics based on the view of the legal system Internationally, there is a more comprehensive view of environmental protection. Hence, "In recent years, ethical factors in international environmental law have been considered as part of the international community's public order. And has also become increasingly prominent in the work of the International Court of Justice. "This issue was of particular importance in terms of accessing the healthy environment as a human right. Also, issues related to ethics in the environment, commitments and responsibilities of countries, environmental perception as common property, and so on, caused countries, as the main determinants of international law, to take effective steps with the cooperation of other actors in international affairs To regulate the behavior of countries and other international actors in the field of the environment. Manuscript profile

Open Access Article

10 - Explaining the Foundations and ethical Principles of Consumer law from the Viewpoint of Islamic Law
rasul shojaei Jalil Ghanavati touraj taqizadeht ahmad habibnezhad

The concept of ethics and moral virtues is one of the most complex concepts in practical philosophy. Topics related to human nature and basic human needs will never obsolete, old and non originality. Ethics is one of these issues, and since some emerging phenomena have More

The concept of ethics and moral virtues is one of the most complex concepts in practical philosophy. Topics related to human nature and basic human needs will never obsolete, old and non originality. Ethics is one of these issues, and since some emerging phenomena have entered into the our business world with a new face, it’s need to note to human and moral aspects, which undoubtedly have many legal requirements in the legal relationships among people, including Consumer contracts and consumer contracts are rooted in ethical principles. Theology, anthropology, nature, dignity and self-esteem, justice, goodwill, ethical indecency and etc. are among the bases in relation to consumer law. The purpose of this research is to explain and analyze the foundations mentioned in Islamic law. Manuscript profile

Open Access Article

11 - Ethical Analysis of Leasing Liquidation in Iranian and French Law
Ahmad

In general, any form which causes the invalidity of a contract and if its' continuing legal effects will be stopped, the contract is considered as dissolved. Whether the contract is necessary or permissible, owned or covenant, is exchanged or gratuitous and is related t More

In general, any form which causes the invalidity of a contract and if its' continuing legal effects will be stopped, the contract is considered as dissolved. Whether the contract is necessary or permissible, owned or covenant, is exchanged or gratuitous and is related to real persons or legal entities. In this meanwhile, lease contracts as gratuitous and purchase contract considers as such contracts which the legal effects of dissolution returns to it. This article intends to carry out a comparative study to determine the approach of Islamic republic of Iran and France's Civil Code about the dissolution cases of the lease by utilizing a qualitative approach that is based on gathering information from library resources. Findings from this study indicated that from the perspective of legal sources, we can invalid the agreement between the landlord and tenant and order to its dissolution through some forms of dissolution, including termination, nullity and also the lease termination. Also, in the civil law of Iran, contract lease is a customary contract. Therefore, at the time of the conclusion of the contract, the value of the procured profits must be determined and specified; despite of the French legal system which considers the contract lease to be a covenant. It is not possible to determine the term indefinitely; in this case, the contract lease is null and void. Manuscript profile

Open Access Article

12 - Investigating and Evaluation morality of reconsideration of contract in Iranian Law and Shiite Jurisprudence
Pour Andokht Azizi Nejad Ali Almasi tayeb afsharnia

20.1001.1.23833279.1399.11.41.9.8

In spite of the acceptance of the principle of contractual necessity in all legal systems and the need to respect the conflicting provisions of the parties, the impact of social and economic events between the conclusion of the contract and the enforcement of the contra More

In spite of the acceptance of the principle of contractual necessity in all legal systems and the need to respect the conflicting provisions of the parties, the impact of social and economic events between the conclusion of the contract and the enforcement of the contract is undeniable. In principle the freedom of contracts, In the event of unforeseen events and a radical change in the circumstances of the conclusion of the contract, the possibility of termination or revision has been provided to the party experiencing unforeseen difficulties or losses as a modification of the contract. Given that the principle of contract freedom is rooted in ethical principles, Thus, clarifying the ethical principles of contract law will be effective both in negotiating and concluding and enforcing it, and in limiting the principle of free will and sovereignty. The study of institutions such as possession of property, prohibition of abuse of power, prohibition of harm to others, indecency, and other institutions clearly show that their main and major basis are ethical principles and principles. Therefore, in the present study, after expanding the conceptual space of the research topic, we will examine the modification of the contract and its governing principles. The research method is descriptive-analytical and data collection is in libraries. According to the research findings, modification of the contract is a concept that is accepted in both national law and Islamic jurisprudence, Because the principle of contractual freedom permits the parties to the contract to impose any correct condition in the contract, it is possible to modify the contract in Imamieh jurisprudence by resorting to the three jurisprudential principles of " the juristic rule of “negation of harm and difficulty ", " prohibition of detriment " and " the juristic rule of “what is possible " but in Iranian law Modifications to the contract can be accepted on the basis of " occurredlesion theory " and "theory of change of circumstances". Manuscript profile

Open Access Article

13 - Intrinsic dignity and protection of human personality in the context of the fundamentalization of civil liability rights
امیر نجفی قامت Ebrahim Shoarian Hasan Phashazadeh

20.1001.1.23833279.1399.11.42.15.6

The process of fundamentalization of private law, which is the result of historical and political developments and the development of the concept of human rights in the second half of the twentieth century, means invoking the fundamental rights guaranteed in the horizon More

The process of fundamentalization of private law, which is the result of historical and political developments and the development of the concept of human rights in the second half of the twentieth century, means invoking the fundamental rights guaranteed in the horizontal relations between individuals and subjects of private law. The Influence of Fundamental Human Rights on Civil Liability Rights, while legitimizing traditional rules, provides the basis for the development or redefinition of certain concepts and, ultimately, the effectiveness of civil liability rights. The purpose of this study is to investigate the effects and results of fundamentalism in the field of civil law and responsibility by descriptive-analytical method. In short, due to the common examples between concepts such as rights related to personality and fundamental rights, such as human inherent dignity, the right to health, autonomy and individual independence, the right to reputation and the need for privacy rooted in individuality. They have human beings, this relationship is two-way and it is much deeper than the relationship between other branches of private law and fundamental law, while there is a kind of overlap between the two. Legislation based on inherent human dignity and normative values, interpretation of existing laws based on justice and fairness, protection of legitimate rights and interests, redefining the concept of fault, full compensation and development of claimable damages, including the fundamental effects of this branch of law. It is private. Manuscript profile

Open Access Article

14 - Social health, corruption on earth and war from the perspective of Islamic jurisprudence and law
ali yazdani h0sein ahmari MOSTAFA RAJAEIPOUR

20.1001.1.23833279.1400.12.45.16.0

The purpose of this study is to investigate and compare corruption on earth and moharebeh in Islamic jurisprudence and law. Using descriptive-analytical method and collecting resources through the library method, while examining the concept and realm of moharebeh, forni More

The purpose of this study is to investigate and compare corruption on earth and moharebeh in Islamic jurisprudence and law. Using descriptive-analytical method and collecting resources through the library method, while examining the concept and realm of moharebeh, fornication and corruptor on earth in terms and jurisprudence Islami has examined the background, pillars and examples of these crimes in the previous laws and their developments in the new Islamic Penal Code. One of the obvious examples of corruption on earth is moharebeh, so that it may be a crime of corruption on earth but not moharebeh, but every moharebeh is corruption on earth, and on the other hand, the moharebeh mentioned in the Qur'an and jurisprudence. It is more about war against God and the Messenger of God (PBUH), but in the Islamic Penal Code, war is one of the crimes against public security and comfort. Manuscript profile

Open Access Article

15 - An Introduction to the Empowerment of the Judiciary in Citizen Participation in the Light of the Revival of Public Rights
Hossein Abdi Vali Rostami

20.1001.1.23833279.1401.12.47.9.1

"City" is the main context of the current and future developments and challenges of the country, which can be observed and predicted in relation to the government institution with market and society institutions. Continuation of current challenges, weakening the areas More

"City" is the main context of the current and future developments and challenges of the country, which can be observed and predicted in relation to the government institution with market and society institutions. Continuation of current challenges, weakening the areas of citizen participation and preventing future challenges, in addition to other tools, requires citizen participation. the condition living conditions in the city is the participation of citizens in the management of the city and its end is to guarantee the rights of citizens and regulate their role in the city. Research considers the participation component to be an important priority for city management. The judiciary, is compatible with the rights of citizens and the groundwork for their participation in the administration of cities, and is one of the requirements for good urban governance. This article deals with a legal issue, descriptively-analytically and meta-analytically, to analyze and pathology the possibility of fulfilling the mission subject to paragraph (2) of Article 156 of the Constitution (revival of public rights) in order to ensure citizens' rights Their trust in the institution of power and the basis for their participation in the administration of cities based on the index, the way of development and evolution of the judiciary of the Islamic Republic of Iran in the tradition of public law of contemporary Iran, and concludes that the fulfillment of this mission Based on the above index and in the existing governance paradigm, desire to refuse and in order to create the conditions for the possibility of reviving public rights , we need to renew the discourse and "change the paradigm". Manuscript profile

Open Access Article

16 - Legal-Ethical Critique of the Stockholm School Theory in the Treatment of COVID-19 pandemic
Naser Ghasemi amir abbas rokni

20.1001.1.23833279.1401.12.48.6.0

Providing theoretical resources for the emergency policies of governments in the face of unexpected crises is one of the most important tasks of the scientific community of any country. Fighting the COVID-19 epidemic crisis as a comprehensive threat to the international More

Providing theoretical resources for the emergency policies of governments in the face of unexpected crises is one of the most important tasks of the scientific community of any country. Fighting the COVID-19 epidemic crisis as a comprehensive threat to the international community has led many governments to change their health care policies by being surprised by the severity of the disease. In this regard, the philosophers of the Stockholm School of Ethics have tried to help the Swedish healthcare system control and manage the epidemic of COVID-19. How to interpret and determine the biological age of patients according to the epidemic emergency is one of the most notable parts of this theory. Accordingly, by determining the actual age difference from the biological of each patient, it is possible to determine the probability of survival after treatment and his life expectancy. The Stockholm School of Philosophy suggests that if you have to decide between helping patients with the same probability of survival who have different life expectancies, the priority should be to help a patient who is younger biologically. The present study, in a descriptive-analytical manner, examines and critiques this legal-ethical theory and will explain the consequences and effects of adopting such policies on the social system. Manuscript profile

Open Access Article

17 - Examining the moral requirements and observing the citizen's rights of the accused during the arrest phase
Abbas Gohari Abbas Tadayon Abdoljabar Zar Goshi Nasab

20.1001.1.23833279.1401.13.49.9.8

One of the main moral duties of a Muslim is to have a moral relationship with society and the environment (including family environment, community environment, etc.). In general, the religion of Islam has moral plans and instructions for all human communication, so the More

One of the main moral duties of a Muslim is to have a moral relationship with society and the environment (including family environment, community environment, etc.). In general, the religion of Islam has moral plans and instructions for all human communication, so the Muslim has a moral worldview. The religion of Islam places great emphasis on the good morals of Muslims. Citizenship rights are of special importance to Islam and for this reason, the Prophet of Islam explains the issues of citizenship rights to Muslims such as avoiding inquisition, respecting women's rights, treating all people fairly, respecting property rights and social security, etc. Prophet of Islam in his personal behavior was committed to these issues so that Muslims could follow suit and be encouraged to respect the citizenship rights of individuals. Accordingly the system of the Islamic Republic of Iran, following the example of the approach of the Prophet of Islam and the eight-article command of Imam Khomeini who was the founder of the Islamic Revolution in Iran, pays special attention to citizenship rights. The Islamic Consultative parliament of Iran, in order to respect legitimate freedoms and protect civil rights, passed a law related to it in 2004. The A.D.K law which was approved by the Iranian parliament in 2013, also explicitly emphasizes the observance of citizenship rights in 7 articles and in the general section. Therefore in this article, in addition to defining issues such as ethics, citizenship ethics, human relations based on ethics and the concept of citizen, we also examine the issue of citizenship rights of the accused. Manuscript profile

Open Access Article

18 - Explaining the moral and legal realm of financial rights and property of couples after divorce in Iranian and French law
Abolhasan Pahlevani Saleh Yamerli ali ajbar esmaeile

20.1001.1.23833279.1401.13.50.1.2

Today, the moral and legal realm of financial rights of couples can be studied in various jurisprudential and legal dimensions. Since ethics and law are two issues included in the legislation of each country, it can be said that these two areas are an important source o More

Today, the moral and legal realm of financial rights of couples can be studied in various jurisprudential and legal dimensions. Since ethics and law are two issues included in the legislation of each country, it can be said that these two areas are an important source of legislative policy of each country in the legislation. Hence, the financial rights and assets of the couple are formed in the direction of morality. The financial rights of couples, in their broad dimensions, include rights such as dowry, halving property, alimony, retribution, etc., each of which is applied in laws such as civil law and family protection law with a special regulation, he's got a special place. In French law, this type of law is also examined under the rules and jurisprudence. In Iranian law, according to Article 1102 of the Civil Code, by concluding a marriage contract, the rights and obligations of the couple, including the financial rights of the husband, are established against the wife, and as a result, after the dissolution of the marriage and separation, The husband is to pay alimony, to be aborted, because one of the principles and means of obligation is marriage. This issue is different in Iranian law regarding the demand for dowry and halving of property and retribution, etc., and these rights can also be demanded by terminating or dissolving the marriage contract. In French law, rights such as claiming alimony can be claimed by the wife in different circumstances, and this issue is mentioned in Articles 212, 270 and 301 of the French Civil Code, and in some respects, the division of property in this country has rules and regulations. It is special. Therefore, the purpose of writing this article is to examine the legal and moral status of financial rights and assets of couples after divorce in the law of Iran and France, which has been studied according to the library method, and as a result it can be said that financial rights and In some cases, the property of the couple has been considered in Iranian and French law and has a suitable position, and ethics has been considered as the basis of the legislative policy of these lawsuits in the judicial procedure. Manuscript profile

Open Access Article

19 - Criminal motive, interaction between ethics and criminal law
Mojtaba Malek Afzali Ardakani mohamadali mahdavi sabet Firouz Mahmudi Janki

20.1001.1.23833279.1401.13.50.13.4

The public conscience of the society wants everyone to be equal before the criminal laws, but at the same time, there is a difference between two criminals, one who commits a crime with immoral motives and the other with moral and honorable motives; As in ethics, the va More

The public conscience of the society wants everyone to be equal before the criminal laws, but at the same time, there is a difference between two criminals, one who commits a crime with immoral motives and the other with moral and honorable motives; As in ethics, the value of the verb depends on the intention of the subject. Intention, like motive, gives power to the subject and manages the direction of his behavior to reach the goal. In this way, the motive to commit a crime can be considered as an interaction between ethics and criminal law. The legislator's approach to motive has not been without controversy and challenge; Opponents and supporters have always criticized this approach under the banner of "protecting ethics. The possibility of committing a crime with moral motives on the one hand and criticizing the views of the opponents and supporters of criminal law's attention to motive is the subject of this article. The result of the research is the conditional preference of the opinion of the supporters; Criminal law must be "verb-oriented" in the execution of the crime and, except in the case of necessity, the moral or immoral motive of the perpetrator should not be given a role, but in the determination of punishments - which is entrusted to the ruler of the Islamic society - to choose the most appropriate punishment within the scope of his powers, considering the various dimensions of the criminal's personality and including his motive. Manuscript profile

Open Access Article

20 - Investigating weapons of mass destruction with a focus on moral values in jurisprudence and international law
Mohsen Reza Mosaddegh khah Morteza Barati Hasan Soleimani

Along the roaring waves of the development of contemporary modern technology, we witness the emergence of weapons of mass destruction such as nuclear weapons, biological weapons, etc., with a special index of destructive power and inseparability in the targets. And, amo More

Along the roaring waves of the development of contemporary modern technology, we witness the emergence of weapons of mass destruction such as nuclear weapons, biological weapons, etc., with a special index of destructive power and inseparability in the targets. And, among the secondary headings that will change the verdict is the rule of necessity, the prohibition of prohibitions, with its occurrence, the obligation is removed from the duty of the obligee, and the result of that is the permission to commit a forbidden act. Among other secondary headings is the rule of countering with like in legitimate defense. According to the results of the research, the use of weapons of mass destruction under secondary headings is also not allowed. However, in the sources of international law, such as the NPT, the United Nations Charter, and the consultation of the International Court of Justice in 1996, there was no clear reason to prohibit the use of weapons of mass destruction, and the use of this type of weapon for the legitimate defense of the country was allowed. Therefore, based on the arguments of Arbaah and the general provisions of international law treaties and for the purpose of legitimate defense and neutralization of modern weapons of war, with research and development and the acquisition of modern technology in order to create a suitable platform for the prevention of treatment, preservation and protection from the Islamic government, ensuring national security, human dignity, for example "Wa'adolham Mastatetam Potential" has taken action so that the Islamic homeland is mastered and equipped with modern weapons of war and relevant antidotes in special circumstances, especially in the form of legitimate and obligatory defense. Also, what can be inferred from Islamic ethics is that based on the teachings of Islam, from the Holy Book to the traditions, there are documents in the field of weapons of mass destruction, all of which emphasize the prohibition of the use of weapons of mass destruction and the use of such weapons in any The face is inhuman and immoral. Manuscript profile

Open Access Article

21 - Functions of the principle of dignity in criminal policies in the light of religious teachings
mohammad mirzaei Fatemeh Azimi

Since human dignity is considered as a right or a set of inalienable and transferable rights, which has many potentials and fields of development and legislation in rule-making or compiling basic principles in the field of management and it is crime control or criminal More

Since human dignity is considered as a right or a set of inalienable and transferable rights, which has many potentials and fields of development and legislation in rule-making or compiling basic principles in the field of management and it is crime control or criminal policy, so it is considered to be able to play a constructive and effective role in the field of macro and strategic criminal policies in an extra-legal way. In the religious teachings of Islam, human dignity is not based on a contractual and creditable matter, but on the basis of an ontological, ethical and original matter, which originates from the essence of human creation and a subject of development based on divine decrees and in the legislative dimension. It is justified. Now the question is, with all these capacities, how can this issue be given a practical aspect in a religious government, in the context of criminal policies and in the field of crime management and control? In other words, what is the place and functions of dignity-orientation in criminal and criminal policies? In other words, what is the place and functions of dignity-orientation in criminal and criminal policies? The findings of this article, prepared with descriptive and analytical methods, state that the preservation of human dignity, which has a moral origin on the one hand, and is also the creator of many moral works, has the ability to be the most important pillar of criminal policies. To be known in the general sense and criminal policies in the special sense. Since this principle is the justification factor and existential basis for many criminal and moral institutions and mechanisms in the criminal justice system, such as the principle of equality, proportionality, amnesty, acquittal, equality of arms, caution, and so on, with redefinition The function of the rule of dignity, which this article examines, can change the macro and strategic policies of penal and criminal. Manuscript profile

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