فقه

Open Access Article

1 - Euthanasia and differences in Jurisprudential، ethical between two kinds of active and passive

There are several different types of euthanasia That morally and fiqh are different from each other. Distinguish two major types، it is in the first type، Kill terminally ill with no hope of recovery، But the second type، leaves him to die. Evaluation of this distinctio More

There are several different types of euthanasia That morally and fiqh are different from each other. Distinguish two major types، it is in the first type، Kill terminally ill with no hope of recovery، But the second type، leaves him to die. Evaluation of this distinction، can be responsive to the important question is whether the fiqh-ethical leaving for death is like killing? Many of moral philosophers consider the two types of morally equal. But in this paper highlight the distinction between the two types of euthanasia is clear that in terms of moral and juridical never be able to match; But as the active kind، it is clear forbidden and unethical، In a passive kind، it becomes clear that it is not forbidden. And the patients is terminally ill with no hope of recovery، There is no moral and religious duty to the patient's physician or even the sick person، to try to be kept him alive more. 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 - Effective moral attributes in Ijtihad

Ijtihad’s goal is acquisition of true knowledge of juristic judgements and the knowledge is affected by various elements. Moral attributes of the religious jurist, divided into virtues and evils, is one of the elements. virtues affect true knowledge and comprehension More

Ijtihad’s goal is acquisition of true knowledge of juristic judgements and the knowledge is affected by various elements. Moral attributes of the religious jurist, divided into virtues and evils, is one of the elements. virtues affect true knowledge and comprehension of Islamic jurisprudence significantly, as evils prevent it, therefore, recognition of the effective attributes in Ijtihad (both virtues and evils) is necessary. Religious jurist must try to acquire the true knowledge, consequently, he should arrange moral virtues that affect the knowledge and be free from moral evils, too`. Effect of moral attributes in Ijtihad ,as a principle, is the preconception. In this article by both rational or traditional methods, researchers investigate which attributes affect Ijtihad. Moral justice, fair thought, humility, egoism, mundane, hastiness and hostility are the most important moral attributes that affect Ijtihad. Manuscript profile

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4 - 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

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5 - Right to a healthy environment in the light of the principles of jurisprudence and ethics
Mohsen Emami Gheshlagh Seyyed Mohammad Hashemi Mohsen Mohebbi Vali Rostami

Today, the spread of science and technology and, consequently, of the industry, despite the granting of peace and prosperity to humans, have caused destruction, pollution and harm and the creation of environmental crises. An environment which is the basis of social, eco More

Today, the spread of science and technology and, consequently, of the industry, despite the granting of peace and prosperity to humans, have caused destruction, pollution and harm and the creation of environmental crises. An environment which is the basis of social, economic and political life, is necessary for the survival of every human being and as a platform for human life and its means of evolution, in the jurisprudential and moral discourse, a reasonable capacity for research in order to protect it as the human right and duty of the human community has it. In this regard, in order to achieve healthy environment and its importance, there are two approaches. In the first approach, for nature, as divine value is intrinsic and nature itself is discussed, but in the second approach, the necessity of preserving the nature as a tool for use In this article, the authors, while believing in the first approach, seek to explain the ethics of the environment by emphasizing the jurisprudential and moral teachings in order to protect it as a fundamental human right. Manuscript profile

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6 - 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

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7 - Interaction between Worship and Education with an Emphasis on the Educational and Moral Dimensions of Atonements Mentioned in the Holy Quran
Mohsen Malek Afzali Ardakani

The issue of the influence of worship on the ethics and religious education of the servants of God is undeniable. That this interaction is realized in what areas of individual and social dimensions of devout human life is the subject that is considered in this article. More

The issue of the influence of worship on the ethics and religious education of the servants of God is undeniable. That this interaction is realized in what areas of individual and social dimensions of devout human life is the subject that is considered in this article. The conceptualization and expression of the nature of atonements and their performance effect as a religious worship is another issue which has been considered by the method of description analysis of religious texts, especially Quran verses concerning atonements. This article assumes that there are numerous educational and moral effects on this worship – the performing of atonements. Finally, with the use of divine words, "the returning to Him", "the stability of the foundations of faith" and "the punishment and purity of the perpetrator of unlawful act through punishment", are of these effects. Manuscript profile

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8 - 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

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9 - 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

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10 - 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

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11 - Bioethics and its relationship with cryonics from a jurisprudential- legal perspective
Fatemeh Mahdavi

20.1001.1.23833279.1400.11.43.12.9

Mankind is always in the pursuit of immortality, and medical science is one of the sciences that thinks about human health and immortality. One of the emerging issues in medicine is freezing and frostbite. By freezing the human body, this science tries to revive the hum More

Mankind is always in the pursuit of immortality, and medical science is one of the sciences that thinks about human health and immortality. One of the emerging issues in medicine is freezing and frostbite. By freezing the human body, this science tries to revive the human body after several years, and there are also centers in some countries of the world that promise to freeze the human body and bring it back to life after many years. One of the most important ways to create common standards of biomedicine is the unification of the principles of biomedicine in the framework of human rights. Assuming the role that human rights play in this global ethic of cultural pluralism, it seems like an appropriate strategy. In addition to the generally emerging standards, there is a broad consensus on the emergence of two specific issues: cell chain intervention and human cloning. This article is prepared in a descriptive-analytical method and deals with the issue of permissibility and impermissibility of this method and also, if it is permissible or not, deals with its legal jurisprudential effects and consequences. The result is that with the assumption of permission and the presumption that the frozen person is alive, the effects of death, marriage, execution of will, expiration of debts and contracts or contracts are not enforceable, and in similar circumstances such as absenteeism, including the appointment of a trustee. Those who believe in the impermissibility of the verses "prohibition of induction in death" and "sanctity of self-murder" in the tradition have argued for narrations in this field as well as for the narrations of impermissibility of self-harm as well as the rule of reason. Those who believe in the permissibility of the verse "I am the resurrected, but I am the resurrected of all people" in the Sunnah have relied on narrations such as "no harm and no harm in Islam" and also by the rule of reason. The arguments for a cryonic license are stronger than the arguments for a non-license when the conditions are met. Manuscript profile

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12 - Investigating the place of moral values in alimony and the feasibility of abolition of alimony in Iranian jurisprudence and law with a comparative study of American law
Fakhr Afagh Hamidi Seyed Ahmad Ali Hashemi Hossein Naseri Moghaddam

20.1001.1.23833279.1400.11.44.4.3

The wife's right to alimony in Islam and civil law, following Imami jurisprudence, is one of the inalienable rights of a permanent wife that a man is required to pay. Regarding the place of moral values in alimony, we came to the conclusion that the reason for the oblig More

The wife's right to alimony in Islam and civil law, following Imami jurisprudence, is one of the inalienable rights of a permanent wife that a man is required to pay. Regarding the place of moral values in alimony, we came to the conclusion that the reason for the obligation of men to pay alimony in Islamic law, given the different characteristics of men and women and the ability of each, is this obligation for men and not women and a moral value is the basis. It was a verdict. Regarding the necessity of the right to alimony, while examining the famous and unfamiliar opinions of the jurists, the lack of specification of the legislator and the unanimous decision of the Supreme Court, we came to the conclusion that as soon as the marriage is concluded, the wife is entitled to alimony and Muscat will not . Regarding the possibility of abrogation of alimony by the wife before concluding the marriage and its obligation, abrogation of this right from a legal point of view will be a valid and ineffective case; However, it seems that abortion after marriage is partially acceptable by the wife and does not interfere with the validity of the marriage and the legislative interests. In American law, although the issue of revocation of rights is not the same as in our law, alimony is a reciprocal obligation of the couple that not only does not expire during the cohabitation, but can also continue for each couple after the divorce. Unless the spouses agree or do not demand from each other, in such a case, according to the rule of the principle of will and the absence of the legislator in the personal relations of the spouses (except in cases of disagreement) the agreements of the parties will be valid. A comparative study of the differences in the field of alimony found positive cases in the American legal system and suggestions were made to amend the laws. Manuscript profile

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13 - Alignment of jurisprudence and ethics with the assumption of observing the limits in corporal punishment of children
Sadegh Fani Maleki Ahmad mirkhalili

20.1001.1.23833279.1400.11.44.7.6

According to the jurisprudential sources, the principle of corporal punishment of children has been prescribed and according to this, the legislator of the Islamic Republic of Iran, in Article 1179 of the Civil Code, has accepted the corporal punishment of children by t More

According to the jurisprudential sources, the principle of corporal punishment of children has been prescribed and according to this, the legislator of the Islamic Republic of Iran, in Article 1179 of the Civil Code, has accepted the corporal punishment of children by their parents. At first glance, it is thought that corporal punishment of a child is a behavior contrary to moral standards, and this jurisprudential ruling is in conflict with moral principles. The purpose of this study is to correct this basic view and to prove the principle of permissibility of corporal punishment of children from two perspectives of jurisprudence and ethics and to determine its permissible scope, to prove the non-confrontation of jurisprudence and ethics in this field. That is, corporal punishment in jurisprudence on the one hand is limited to its amount, type and severity, and on the other hand, the age of the child, the position and motivation of the discipline are also considered as permissible limits, and by observing these restrictions, not the ruling It is not permissible in jurisprudence to oppose the principles of ethics, but it is completely in harmony with it. Manuscript profile

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14 - Components of child sexual education from the perspective of educational jurisprudence
Shirin Mohammadi Panah Maryam Aghaie Bajestani Reza Kohsari

20.1001.1.23833279.1400.11.44.11.0

Sex education is one of the main topics in the field of parentingTherefore, paying attention to this issue and teaching and applying the correct educational methods from the perspective of the Qur'an and the narrations of the Ahl al-Bayt (AS) in this regard, can help ma More

Sex education is one of the main topics in the field of parentingTherefore, paying attention to this issue and teaching and applying the correct educational methods from the perspective of the Qur'an and the narrations of the Ahl al-Bayt (AS) in this regard, can help maintain the chastity and strength of families and prevent the occurrence of some moral anomalies during adolescence. And the maturity of the children.Families have a duty to access this important; In addition to being aware of the correct educational methods, in the first step, they should learn the divine commands and the Shari'a rules and practice them in this field, and then, they should give the correct Shari'a education to their children in order to finally provide Community health and achievement lead to happiness in the hereafter. This article, extracted from the treatise, with the aim of explaining the sexual issues of the child based on the verses and hadiths of the Ahl al-Bayt (AS) and based on the content analysis method, examines some jurisprudential rules in child sexual education and examines the correct education methods. . The results of this study show that it is necessary for parents to sexually educate their children and put their sexual instincts on the right path of control and satisfaction; Although children do not have sexual responsibilities before puberty, in order for education to be established and institutionalized, parents must take care of their children before they reach puberty, and this responsibility is objectively assigned to the parents. Manuscript profile

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15 - 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

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16 - 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

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17 - scope persons and social moral function of the womb
Zahra Sadeghi Zohreh Nikfarjam Fariba Pahlevani Abbas Samavati

20.1001.1.23833279.1401.12.47.7.9

"mercy" of relatives. In other words, it is to have love and behavior with relatives and friends Kinship is a term that represents a kind of social relationship. A relationship that has arisen as a result of the interaction of a spouse, parents and children or siblings. More

"mercy" of relatives. In other words, it is to have love and behavior with relatives and friends Kinship is a term that represents a kind of social relationship. A relationship that has arisen as a result of the interaction of a spouse, parents and children or siblings.According to verse 6 of Surah Al-Ahzab and 75 of Surah Anfal, it can be understood that there is a hierarchy among relatives.In other words, closer relatives take precedence and are more important in inheritance and uterine reconciliation, and take precedence over reconciliation.In other words, closer relatives take precedence and are more important in inheritance and uterine reconciliation, and take precedence over reconciliation. Manuscript profile

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18 - Social Trust in Islam’s Social System
hassan khairi

20.1001.1.23833279.1401.12.47.13.5

Social trust is an issue that is interested to sociologists and social reformers. Despite penetrating traditional culture with deep trustworthy elements, our society is faced with this phenomenon. Without any doubt, modern society committed to religious traditions has m More

Social trust is an issue that is interested to sociologists and social reformers. Despite penetrating traditional culture with deep trustworthy elements, our society is faced with this phenomenon. Without any doubt, modern society committed to religious traditions has moral, intellectual, arithmetical, and obligatory elements. In this study, with an integrated approach of agent-structure and acknowledging the necessity of these three elements has provided a picture of Islam’s trustworthy teachings. In addition, this study shed light on some issues extracted from individual jurisprudence’s dominance over social jurisprudence, and lack of clear distinction between action domain and structural domain. And finally, the study investigated the religious duty of commending to good deeds and prohibiting from wrong deeds. Manuscript profile

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19 - Analysis of the jurisprudential (Fiqh) foundations of the six areas of education and training in the document of the fundamental transformation of education
Hasan Mohammadpoor Mohsen Malek Afzali Ardakani Ali hemat banari

20.1001.1.23833279.1401.13.49.10.9

The six educational areas in the document of the fundamental transformation of education and training have been gathered according to the different needs of human beings and based on meeting these needs and the flourishing of talents and abilities and moving in the dire More

The six educational areas in the document of the fundamental transformation of education and training have been gathered according to the different needs of human beings and based on meeting these needs and the flourishing of talents and abilities and moving in the direction of pure life. Scholars of the education system of the Islamic Republic of Iran have relied on different principles and foundations to design these areas, which are the basis for a great change in society. This article seeks to study the principles of jurisprudence based on verses and traditions and the opinions and views of jurists in the fields with a descriptive-analytical method and with the aim of explaining the reflection of jurisprudential principles in the six areas of education and training. The result of the research shows that different domain of the six areas of education and training in the document are in broad harmony with Islamic teachings. Experts in the field of education in the country have written the document accordingly. Because the importance of relying on these principles for the emergence of capabilities and achieving a pure life and the desired perfection is undeniable. Manuscript profile

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20 - 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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21 - 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

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22 - Role of custom and ethics in the financial rights of couples and its effect on crime prevention
Leila Radpasand Farhad Parvin

20.1001.1.23833279.1401.13.50.5.6

After the correct marriage and marital relations between the parties, various rights and duties are established, including financial rights between the spouses. Couples' financial rights are one of the most important parts of civil law, which is intertwined with customa More

After the correct marriage and marital relations between the parties, various rights and duties are established, including financial rights between the spouses. Couples' financial rights are one of the most important parts of civil law, which is intertwined with customary and moral issues and is an important factor in crime prevention. Therefore, ignoring the role of custom and ethics in the rights of couples causes fundamental challenges in society. The purpose of writing this article is to explain the position of custom and ethics in some financial rights of couples, such as dowry, dowry and alimony from the perspective of Iranian law, Islamic religions and official religions in a descriptive analytical method; Explaining the limits of custom and introducing it, we will finally realize that although custom and ethics in the Iranian legal system, mainly in cases of text silence, have a complementary and interpretive role; But it has a role to play, and in many cases it is used practically in jurisprudence and law. Also, the role of custom in the Sunnah of Tabdan is Hadd, that what is considered acceptable in the custom is also considered acceptable in the sight of God. The role of custom in the rights of minorities (Jewish, Zoroastrian and Christian) is also undeniable according to their own religious customs and traditions, and is a source of rights. Adherence to ethical rules in the realm of the family plays a very decisive role in ensuring the rights of men and women all over the world; Because in many cases, the rights and obligations that couples assume towards each other have no legal obligation and are done solely on the basis of moral considerations. Manuscript profile

Open Access Article

23 - Principles and rules of Islamic educational jurisprudence in the scope of Teaching and learning
esa bahrami Abbas Ali Heydari mahmud ghayumzadeh

20.1001.1.23833279.1402.13.51.4.1

The purpose if this study was to investigate the principles and rules of Islamic educational jurisprudence in the scope of teaching and learning. The research method was documentary-qualitative and the statistical population consisted of published documents in the field More

The purpose if this study was to investigate the principles and rules of Islamic educational jurisprudence in the scope of teaching and learning. The research method was documentary-qualitative and the statistical population consisted of published documents in the field of education in Islam. Data has been collected by index cards of the library. Descriptive-analytical method was used to analyze the data. In this study, there were three hypotheses that were explained and analyzed. The results of the study show educational jurisprudence in connection with educational sciences provides a good basis for using the useful science because this link, in addition to determining the correctness and punishment of what has been learned, it determines its effects and blessings in the world and in the hereafter. Teaching and learning is not rich enough if it does not pay attention to its jurisprudential rules. Human doings have meaning when they are more compatible with divine and jurisprudential values. Since Educational jurisprudence and the rules of teaching and learning have common sources, they are correlated and interdependent. Their sources are the Holy Quran, narrations and the Prophetic tradition. Commitment to the rules of teaching and learning ensures the effectiveness of the education process in individual and social dimensions of life. Manuscript profile

Open Access Article

24 - Explaining the moral value view of complementary and secondary punishments
Zakiye Ebrahimzadeh Ahmad Bagheri Esmaiel Rahimi Nejad

20.1001.1.23833279.1401.13.49.15.4

Moral values are those behaviors that play a role in the development of pure human nature. It is clear that the constitution of Islam, which is derived from the revelation, has the best position to achieve this goal. Matching moral values with inappropriate human behavi More

Moral values are those behaviors that play a role in the development of pure human nature. It is clear that the constitution of Islam, which is derived from the revelation, has the best position to achieve this goal. Matching moral values with inappropriate human behaviors; That is, crime and punishment is the subject of this article, which the author tried to present the solutions for the realization of moral values in secondary and supplementary punishment by examining the goals of punishment and the principles governing punishment. The result of this article is that in Islam, according to the expedients it considers, in addition to the main punishment, supplementary and secondary punishments are considered to punish the criminal, and these punishments are subordinate to the main punishments. are considered The difference between these two types of punishment is that in supplementary punishment, the judge is free to apply them, while in secondary punishment, he has no authority and the punishment is specified in the court order. This article seeks to answer the question of what is the basis of moral values in supplementary and consequential punishments with analytical-ijtihad method and using library sources. Considering the goals of punishment in Islam and Quranic documents, Sunnah, the general evidence of punishment and the general principles governing punishment, it can be said that the realization of moral values in supplementary and secondary punishments is achieved when these general conditions such as "proportion of crime and punishment" , deterrence of punishment, compensation of loss, implementation of justice and human dignity" should be considered in the secondary and supplementary punishments. Manuscript profile

Open Access Article

25 - The position of human dignity in criminal jurisprudence and its comparison with Iranian criminal law
Ali Amirmohammadi mahmud ghayumzadeh Nader Mokhtari Afrakti

20.1001.1.23833279.1402.13.51.14.1

Man has inherent dignity and deserves to acquire virtues, and it is necessary to have the right to life and personal security; Because these virtues appear only in the scene of social life. Good deeds and Crimean morals are considered virtues for a human being, which em More

Man has inherent dignity and deserves to acquire virtues, and it is necessary to have the right to life and personal security; Because these virtues appear only in the scene of social life. Good deeds and Crimean morals are considered virtues for a human being, which emerges from him in free conditions, and these rights; That is, the right to life, liberty and personal security, which is recognized in Article 3 of the Declaration of Human Rights, is the basis of all political rights and subsequent civil liberties, including freedom from torture and arbitrary detention, as well as the rights related to fair trial, freedom of expression and The freedom to travel (emigration) and non-interference in private life and the principle of innocence, the right to marry and form a family and the freedom of opinion and the like are in the section on the rights of the nation and in fact, the citizenship rights of the Constitution of the Islamic Republic of Iran and articles 3 to 21 of the Declaration. Universal human rights are included. This article deals with the problem with descriptive analytical method. Manuscript profile

Open Access Article

26 - Social commitment in civic responsibility despite luxury goods
Seifollah Golijani Moghaddaam Asadollah Lotfi mahmud ghayumzadeh

20.1001.1.23833279.1402.13.52.13.2

In order to issue a sentence for compensation, it is necessary to establish the relationship of causation, and if this relationship is not established, it is not possible to issue a sentence for compensation and hold one or more persons responsible. The requirements ari More

In order to issue a sentence for compensation, it is necessary to establish the relationship of causation, and if this relationship is not established, it is not possible to issue a sentence for compensation and hold one or more persons responsible. The requirements arising from this evidentiary rule are recognized as a legal obstacle to compensation. The relationship of causality can be assumed in various ways; This means that either a single agent was involved in the damage, or multiple factors, and in the case of multiple factors, or all of them participated in causing the damage, or all of them were involved as a cause, or some as a cause and Some of them have played a role in causing damage. In order to solve the problem in question, legal systems have presented various methods and solutions for the issuing of judgments and how to compensate the injured party, and Islamic jurisprudence has significant views in this field, which will be examined in the upcoming article. Opinions are paid. Manuscript profile

Open Access Article

27 - The position of ethics in jurisprudential issues: a case study of Khums traditions
somayeh kalhor mahdi mehrizitoroghi mojgan sarshar

Ethics, in addition to creating culture and creating identity for the society and the individual, provides the basis for the implementation of religious and legal duties, including acts of worship, transactions, rulings, civil and social laws. Since jurisprudence and mo More

Ethics, in addition to creating culture and creating identity for the society and the individual, provides the basis for the implementation of religious and legal duties, including acts of worship, transactions, rulings, civil and social laws. Since jurisprudence and moral issues are not discussed separately in the Qur'an, it is therefore necessary to search for the relationship between the two in the hadiths; Therefore, the main issue of this article is to pay attention to the ethical points raised in the traditions of Khums. The research method in this article is descriptive-analytical. The place of morality in the traditions related to Khums is discussed in two general areas. One is the position of moral propositions in the principle of Khums legislation, and the other is the position of moral propositions in the reason for the legislation of some Khums rulings. For example, the discussion of justice and fairness is one of the moral propositions that are the basis of the legalization of Khums jurisprudence in the field of forgiveness or the manner and time of Khums payment. Negligence is one of the moral propositions that was the basis of the legislation of some Khums rules. Respecting and preserving the dignity and status of leaders is also among the moral principles that have become the basis of Khums legislation. Regarding the reason for the legalization of some jurisprudential rules of Khums, moral propositions have been considered as Shariah. Forgiveness of Khums is one of the issues raised by Ahl al-Bayt (AS) in hadiths; In these hadiths, the reason for legislating such a ruling is the purity of the birth of the Shiites. Among the other reasons for the law of Khums is cleansing from sins and preventing avarice. Manuscript profile

Open Access Article

28 - Social tolerance to deal with civil insurgency
mostafa ghayoomzadeh ahmad morad khani Alireza Asgari

Protests, on the opposite side of obedience, means disobeying orders and protesting laws. These concepts have similarities and differences, and they have certain rules so that a person can move towards his perfection, and these crimes prevent this movement. Therefore, t More

Protests, on the opposite side of obedience, means disobeying orders and protesting laws. These concepts have similarities and differences, and they have certain rules so that a person can move towards his perfection, and these crimes prevent this movement. Therefore, this research has studied the conceptual and ruling distinction between muharibeh and civil protests, focusing and emphasizing on Imam Khomeini's (RA) perspective. The results of this research show that there is a relationship between war and civil, public and private issues; That is, sometimes civil protest is also done in Moharebeh, and some of them are combined with Moharebeh. Civil protest does not necessarily involve resorting to weapons, which may not be on the roads and streets and not detrimental to public security, although in cases of crimes detrimental to security, the punishment will be accompanied by the severity of the action, but leaving is an example of the punishment of war. If the crime of moharebah occurs inside the cities, they will be subject to the severe sentence of moharebah. The relationship between muharibeh and baghi, which can be one of the aspects of civil protests, is public and private, because the two concepts, in addition to having common examples, also have their own examples and... the sacred law for preserving human and social values in the first stage He is interested in publishing moral teachings, enjoining good and forbidding evil in the second stage, and enforcing limits and punishments in the next stage. This research is a descriptive library-type research with an applied purpose, in order to respond to the needs of the society, which can be used in various educational and research centers. Manuscript profile

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