jurisprudence

Open Access Article

1 - The Effect of the marriage of Iranian women with foreigners from a jurisprudential and ethical perspective

A Survey on the Effect of the Iranian Woman Marriage to Foreigners Ali Alebouheh* Department of religious jurisprudence; Zahedan Branch, Islamic Azad University; Zahedan. Parviz Moradgholi Department of religious jurisprudence; Zahedan Branch, Islamic Azad Universit More

A Survey on the Effect of the Iranian Woman Marriage to Foreigners Ali Alebouheh* Department of religious jurisprudence; Zahedan Branch, Islamic Azad University; Zahedan. Parviz Moradgholi Department of religious jurisprudence; Zahedan Branch, Islamic Azad University; Zahedan. The subject of Iranian woman’s marriage to foreigners is considered a serious issue as it has coincided with the arrival of Afghan and Iraqi neighbors to our country. This issue has caused serious problems to Iran. In addition to political and social problems caused by such marriage, it has also a significant effect on their family situation. In the current legal system of Iran, the differences between the citizenship of a husband because of his women are enacted barriers by the legislatures in Article 1060 of the Civil Code; however, the citizenship of a husband lacks any precedent in legal records. In this paper, the concept of marriage and citizenship, arrangements and legal terms relating to the restrictions of marriage of Iranian women to foreigners and its consequences has been investigated. It was suggested that appropriate education about marriage through social media should be given to women. This issue also should be considered serious in the regulations Manuscript profile

Open Access Article

2 - The "important and more important" principle, and the unethical theory of justification

The subject of “ethics in governing and ruling” has always been of interest to scholars and thinkers of all societies. Ethics in politics or ethical politics is still a controversial issue among great thinkers of political and moral philosophy. Having a short look at th More

The subject of “ethics in governing and ruling” has always been of interest to scholars and thinkers of all societies. Ethics in politics or ethical politics is still a controversial issue among great thinkers of political and moral philosophy. Having a short look at the theories of philosophers from different schools about the relationship between ethics and politics, and having made a comparison between Plato, Aristotle, Marx, and Machiavelli, this article tries to describe and present the viewpoint of the Qur’an and ‘Ali ibn Abi-Talib about the matter. This article shows that the principal ruling method recommended by Niccolo Machiavelli, which is practically accepted by all rulers, and that is instrumentality in statebuilding –an approach represented by the saying “the ends justify the means.” Whereas, the Prophet of Islam's son-in-law, his closest companion, and his chosen successor; ‘Ali ibn Abi-Talib, has explicitly rejected this idea, And then, we have refered to the views of Shia jurists on the topic, and rooted out the "important and more important" principle and the determinants in case of contradiction, showing that the Quran and Hadith have allowed employing forbidden means only in the exceptional case of "saving humans' life," and it cannot be generalized to all cases of two contradictory gains. Manuscript profile

Open Access Article

3 - 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

4 - The study of the relationship between jurisprudence and ethics
Nasrin Sanjabi alireza shakarbaigi

Human being is the only creature of God who, given his discretion, needs a law and comprehensive plan to achieve prosperity and perfection, which, given all its dimensions, can reach him to a great extent. Jurisprudence and ethics form a set of rules that they are God's More

Human being is the only creature of God who, given his discretion, needs a law and comprehensive plan to achieve prosperity and perfection, which, given all its dimensions, can reach him to a great extent. Jurisprudence and ethics form a set of rules that they are God's, and with all the dimensions of the existential man and his voluntary actions, he has established them. Because of this, they are of particular importance. It is conceivable about the relation between ethics and jurisprudence of three forms: the distinction between ethics and philosophy, the conflict between morality and philosophy, and the complementarity of morality and religion. By examining the third relationship between these two sciences is correct, and its outcomes can be explained by reasons such as the fact that the ethics are based on the light because purification is not possible without correction and that the ethics with human beliefs are directly related to A direction with jurisprudence is indirect, and the mention of ethical teachings along with jurisprudential rulings is the best guarantee for the practice of legal judgments. In order to investigate the relationship between these two sciences together with the need for information about them, we first commented on the subject in relation to the subject, the method and the two of these sciences and, in the next step, to examine the relationship between these two sciences. Manuscript profile

Open Access Article

5 - 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

6 - Refreshing the dedication of the legal person To the development of ethical institutions
kian fulladi

20.1001.1.23833279.1399.11.41.11.0

One of the neglected capacities about the concept of "legal personality" in the legal system of Iran is its application for the development of the territory of the Devotion entity. In this approach, the Benefactor, by creating a legal person, devotes to this legal exist More

One of the neglected capacities about the concept of "legal personality" in the legal system of Iran is its application for the development of the territory of the Devotion entity. In this approach, the Benefactor, by creating a legal person, devotes to this legal existence, thus giving the person a legal status in the form of the endowment of property. By devoting a legal person, it is possible that every financial item to be deposited in the property of a legal person and that devotion to be developed. In this way, the constraints that limit the scope of the devotions, such as objectivity, will be deleted, without prejudice to the definitive foundations of the concept of devotion, and as a result, by extending the scope of this legal jurisprudential institution, more arenas and individuals will have the opportunity to enjoy the Devotion. The review of the concept of personality and legal personality, as well as legal jurisprudential principles of the Devotion, provides valid credentials for accepting this approach in the legal system of Iran, which have been discussed in this paper. Manuscript profile

Open Access Article

7 - Status of Upbringing Children in Shi’a Jurisprudence and Education System
Mir Ahmad Mousavi Aqdam Mohammad Jaafari Harandi

20.1001.1.23833279.1399.11.41.13.2

Although the issue of upbringing and educating children falls within the scope of psychology and educational sciences, it cannot be understood in isolation from law and liability and based on the insights from jurisprudence sources, Family, society and government are re More

Although the issue of upbringing and educating children falls within the scope of psychology and educational sciences, it cannot be understood in isolation from law and liability and based on the insights from jurisprudence sources, Family, society and government are responsible in this regard, Hence, it is felt that the study of such an issue cannot be confined to psychology and educational sciences and the science of jurisprudence should also address it. Due to such a necessity, the present paper seeks to elaborate on the concept of upbringing and its related terms and define the status of upbringing in Shi’a jurisprudence and education system. The study concludes that although encouragement, playing and respect are generally considered better than punishment, sometimes punishment and correction with specific mechanisms may even be more effective and result in the improvement of wrong deed and at least prevent the re- occurrence of crime and abnormality. Manuscript profile

Open Access Article

8 - Jurisprudential-ethical analysis of "the right to a healthy environment" as a human right
askar jalaliyan

20.1001.1.23833279.1400.12.45.6.0

The right to a healthy environment is one of the fundamental human rights and vital issues in today's world, and sensitivity and attention to it are growing exponentially. Advances in science and technology have paved the way for the increasing domination and exploitati More

The right to a healthy environment is one of the fundamental human rights and vital issues in today's world, and sensitivity and attention to it are growing exponentially. Advances in science and technology have paved the way for the increasing domination and exploitation of nature. To the extent that its protection and prevention of pollution is one of the most important issues of the late twentieth century. In this scientific-research article which is of descriptive-analytical type with the jurisprudential-moral approach, the right to a healthy environment as a human right has been explored. The main question of the article is what measures have been devised in jurisprudence and moral principles to realize the "right to a healthy environment as a human right"? According to the research findings, from the Islamic point of view, preserving nature and not destroying it is considered a divine duty, not paying attention to it is morally reprehensible and harming it causes damage. Manuscript profile

Open Access Article

9 - 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

10 - Investigating the moral and social effects of divorce in popular jurisprudence
abdolhamid navardi aboalghasem asi moznab Ahmad sadeghian

20.1001.1.23833279.1401.13.49.13.2

God has made permanent marriage a priority for man compared to broken marriage. Mut'ah is a kind of legitimate marriage in Islam, which provides a good solution to prevent social problems, and its position is specified in verse 24 of Surah An-Nisa '. In order to acknowl More

God has made permanent marriage a priority for man compared to broken marriage. Mut'ah is a kind of legitimate marriage in Islam, which provides a good solution to prevent social problems, and its position is specified in verse 24 of Surah An-Nisa '. In order to acknowledge its legitimacy from the point of view of Shiites and Sunnis, forty commentaries on jurisprudential, legal and educational issues were selected from the commentators of the Qur'an through the library method and bibliographic review of 183 commentaries. Due to the incorrect understanding of the jurisprudential and moral nature of mut'ah (temporary marriage) in society, this institution is not used in its constructive direction. Also, our laws regarding some of its special rulings are incomplete, vague and sometimes silent, and in these rulings, there are differences of opinion in jurisprudence that long-term temporary marriage is one of these cases. ) Fought against the boycott order due to the prohibition of the government by the second caliph; Because its absolute prohibition had no religious justification. In this article, mut'ah is examined from the point of view of popular jurisprudence from the point of view of the government, and while addressing the documents related to the principle of mut'ah legitimacy, which may play a role in comparative and controversial issues, the ruling on temporary marriage is discussed in terms of abrogation or prohibition. Because the Sunnis claim the abrogation or prohibition of this type of marriage using government authority. It has also been suggested that the Islamic government should, based on its interests, according to time and place, impose restrictions and conditions to prevent the occurrence of moral problems arising from it, and at the same time, provide the ground for its rational use. Temporary marriage, if exposed to permanent marriage, also eliminates the risk of the family foundation collapsing or not forming. Despite the context of the verse and the initial legitimacy of the ruling regarding the slaves and men of the Islamic Revolutionary Guard Corps, this moral ruling was extended to other members of society; And while examining wisdom, philosophy and its status, the cases that have been recommended to be allowed; Including the position of mut'ah in war, long journeys and the preservation of chastity and mental health, and the cases in which it has been recommended not to allow it; Threats to the family system, sexual diversity, and Shiite religiosity were described. Manuscript profile

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