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Law, Crime, Criminology & Criminal Justice

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Articles 303 Documents

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The Juridical Situation of High Dowry Payments in ????? ?????, ??????
??? ? ???? ???? 40 ????? 3: ????? ????? 81? ????? ? ?????? 1387
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?????? ?? ????? ?????? ? ???? ????? ???? ??????? ????? ??? ??? ?? ???? ?????? ????? ??????? ????????? ????? ?? ??? ???????? ? ?? ??? ???? ?? ???? ??? ????? ???? ???? ???? ??????? ?????? ???????. ?? ??? ??? ?? ??? ???? ??? ??? ? ???? ?? ???? ??????? ?? ??? ????? ??? ????? ????? ??? ????? ???????? ????????? ?? ?? ????? ????? ????. ????? ????? ??? ??? ???????? ????? ????? ???? ???. ????? ????? ?? ??? ?? ????? ???? ??? ?? ???? ??? ????? ???? ????? ?? ????. ??? ??? ???? ?????? ?? ???? ???? ??? ?? ??? ????? ??? ?? ??????? ?? ?? ?? ????? ?????? ????? ?? ?? ???? ???? ???? ?????? ?? ?? ?????? ???? ?? ??? ?????? ????. ?? ??? ????? ?? ?????????????? ??? ?? ?? ????? ?????? ???????? ?? ???? ????? ???? 1085 ?. ?. ?? ???? ??? ?? ??? ????. ???????? ??: ???? ??????? ????? ????.

The Duty to Pay Khums, from Pure Imperative Rule to Positive Rule of Joint Ownership ????? ?????????, ??????; ?????, ??????; ???? ????????, ???????
??? ? ???? ???? 51 ????? 1: ????? ????? ??6? ???? ???8
Publisher : ???????? ??????? ?????? ????

The duty to pay Khums and possession of its subject matter deserve reconsideration from the viewpoint of positive and imperative consequences. Such reconsideration depends on the nature of this rule and how it applies to property. The above said rule may be conceived in three ways:  pure imperative rule, positive rule of indebtedness and joint ownership (real joint ownership, joint ownership of property and joint ownership of a whole out of a specific aggregate of goods). The majority of Islamic jurists maintain that this rule is not of a pure imperative nature and evidently, a positive rule is applicable to the case as a result of the imperative rule. Nonetheless, the nature of this positive rule is contentious. According to the famous opinion, such positive rule is the realization of joint ownership for Khums owners and unless the property is destructed or there is excessive use or failure of due care, it does not indebt the duty-bound person. However, this opinion is in contrast with certain other elements of the rule. By extracting the elements of Khums and given the literal meaning of Quran verses and hadiths (traditions), one may conclude that although the initial rule in this field is its application to the physical property in the form of joint ownership, such ownership is instable for Khums owners and the property owner's possessory acts make him indebted and his possessory acts as to Khums subject-matter are valid and he is merely responsible for the value and price of Khums.

Historical Review of Non-suspension Rule with an Approach to Mohaghegh Yazdiâ€™s Opinions Criticizing the Famous Viewpoint ?????? ??????, ??? ??? ????; ??????, ???????; ?????, ???? ???
??? ? ???? ???? 51 ????? 1: ????? ????? ??6? ???? ???8
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According to the Shiite jurisprudence literature, non-suspension of contracts and unilateral legal acts is among the general rules of contracts jurisprudence and has been criticized by Shiite jurists in the last two centuries. The following are the main issues dealt with in this paper: historical background of non-suspension rule, its formation over time and its conversion into a general rule, introduction of the Shiite jurists who have contributed to this conversion, identification of the fields and trends of criticizing this rule, and given Sahib Orvah's special place in the criticism field and in offering particular jurisprudence opinions, discovering his role in criticizing the famous opinion and promoting a new one. The purpose of this paper is to clarify the above said issues through a historical and with a person-centered approach in order to introduce a part of Shiite jurisprudence history in the general rules of contracts jurisprudence area. Therefore, the present paper begins with subjectology of non-suspension rule in the Shiite jurisprudence literature from Mohaghegh Yazdi?s viewpoint and after trying to find out the background of this rule in the Shiite jurisprudence, explains Sahib Orvah?s opinion, its bases and his critique of the famous opinion.

A Study on the Religious Percept of Removing Goods from the Place of Safe Custody while under Hypnosis ????? ???, ??? ????; ???? ????, ??? ?????; ??????, ????
??? ? ???? ???? 51 ????? 1: ????? ????? ??6? ???? ???8
Publisher : ???????? ??????? ?????? ????

A requirement of Hadd theft on which there is consensus, in addition to the requirement that the stolen goods are kept in a place of safe custody, is that the thief, alone or with another?s participation, removes the goods from the place of safe custody. One of the most important doubtful instances of removing the goods is theft while under hypnosis. The authors, after analyzing the criterion of removing the goods from the place of safe custody, have concluded that, in certain instances, it applies to the hypnotist's act, i.e. where they have the capacity that the act of removing the goods from the place of safe custody is attributed to them and their act is an example of contributory removal. In some other instances, the Hadd of imputation is executed against the hypnotized person i.e. where they have the capacity that the act of removing the good from the place of safe custody is attributed to them. If there is doubt whether removal from the place of safe custody has taken place, although there is dubiety concerning concept and over the least and the most of one thing, given Mohammad Ibn Muslim's  sahiha (authentic) tradition,  the requirements of removing the good from the place of safe custody, as well as the requirement that the goods are kept in a place of safe custody, are included in the concept of theft and accordingly, the theft verse loses its generality and may not be invoked. Therefore, in such case, due to astonishment and wander, by invoking the requirement of Dar rule (no Hadd is executed in case of dubiety), Hadd of imputation is not executed against the thief.

The Penalty for Blasphemy against the Infallibles and its Reconciliation with their Practical Conduct ?????? ?????, ??? ????; ??????, ???????
??? ? ???? ???? 51 ????? 2: ????? ????? ??7? ??????????8
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The penalty for blasphemy against the holy Prophet and the Infallibles prescribed by the Shiite Jurists based on the hadiths is the obligation of killing the blasphemer and that his blood may be shed with impunity. Nonetheless, there are a variety of cases in the infallibles' practical conduct where they have treated the blasphemer nobly and with tolerance and prevented their companions from executing the death penalty. The authors, with a view to resolve the above said contradiction, have reviewed and analyzed the hadiths underlying the death penalty for the blasphemer and concluded that up to the certainty of the referred proofs is the obligation of killing the blasphemer who has targeted the holy Prophet?s prophethood position. In case the subject matter of hadiths is extended to those who blaspheme the Imams, the death penalty concerns the rancorous persons and blasphemers who knowingly and intentionally insult the Imam's legal personality and Imama position. Therefore, there is no conflict between the religious ruling of punishing the blasphemer and the Infallibles' practical conduct in the form of treating morally and generously those who unknowingly insult them and, out of ignorance, were hostiles to their individual personality.

Semantics of blasphemy against the holy Prophet and how it is realized with a view to the Islamic Penal Code 2013 ???? ????, ???????; ????? ????, ????; ??????? ???? ????, ????????
??? ? ???? ???? 51 ????? 1: ????? ????? ??6? ???? ???8
Publisher : ???????? ??????? ?????? ????

The crime of blasphemy against the holy Prophet is a significant crime against religion in the recognized literature of Islamic jurisprudence in a way that it leads to capital punishment and each Muslim hearing the blasphemy can execute the penalty. The Islamic Penal Code, in articles 262 and 263 and 513 of the discretionary penalties (Tazirat) has described this crime. Nevertheless, there are questions and ambiguities about this crime, e.g. how and with what words, this verbal crime is committed? In addition, is the word the mere object of the crime or act, caricature, drawing, clip, joke, animation and novel may result in the above said crime? The present paper, through relying on Islamic jurisprudence evidence and Islamic jurists' opinions and rational arguments and reasons, is intended to study the semantics of blasphemy against the holy Prophet and offer a criterion of the realization of its actus reus.

A Study on the Nature of Context from the Perspective of Islamic Jurisprudence and Usul al-Fiqh ????? ?????, ????; ?????, ???????; ?????, ????
??? ? ???? ???? 51 ????? 1: ????? ????? ??6? ???? ???8
Publisher : ???????? ??????? ?????? ????

Context, as the mental framework and format of speech and the place where evidences are realized, plays a role in understanding the intention of speech and is arranged in the form of either previous or future attached and connected verbal evidences. Detached evidences are considered as attached evidences if applied in the speech of a speaker like the divine lawgiver whose habit is to apply evidences separately and rely on them; hence, attachment in his words constitutes detachment. Textual evidence, due to its closeness and connection to the speech, is considered as attached evidence; even one may say the former is of the latter?s type or identical to it. The intention and termination of the speech, although helpful as an essential element in this regard, lack the necessary capacity to be included into the definition, since they fail to cover all instances of context conveyance including instances not intended by the speaker such as implicit conveyance. In addition, a definition of context which does not include previous verbal evidences or contextual evidences is a strict definition which is in contrast with its wide cases of application. On the other hand, consideration of detached evidences in all speeches even in the divine lawgiver's is an extended and defective definition of context.

Analysis of the Requirements of the Absoluteness of Contract Regarding the Performance Time from the Perspective of Imamia Jurisprudence, Iranian Law and Egyptian Law ??????, ????; ???? ????, ??????
??? ? ???? ???? 51 ????? 1: ????? ????? ??6? ???? ???8
Publisher : ???????? ??????? ?????? ????

???? ????? ??????? ??????? ?????? ???? ?? ???? ? ?????????? ?? ???? ???? ???? ? ????? ??? ?? ?? ??? «?????? ???????» ??? ????? ??? ???. ?? ???? ??? ??? ? ???? ? ????? ?? ????? ?????? ???? ???? ?? ??? ?? ????? ???? ?? ???? ????? ?????? ???????? ???. ???????? ?? ????? ?? ???????? ???? ????? ?? ?????? ?? ????? ????? ???? ?????? ???? ????? ???????? ?? ????? ?? ??? ???? ???? ?? ???? ???? ???? ????? ??? ??? ? ?? ????? ?? ???? ????? ?? ??? ??????? ????? ? ????? ???? ????? ?????? ?? ???? ?? ??? ? ???? ???? ????? ????? ???? ???? ??? ? ?? ??? ??? ????? ???? ??? ????? ??? ?? ????? ???? ??????? ?? ??? ??????? ????. ?? ????? ???? ????? ??? ?? ??? ???? ?? ?????? ?? ???? ?? ? ??? ????? ????? ?? ??? ??? ?? ????? ?? ???? ??? ? ??? ???? ????? ? ?? ??? ??? ?? ?????? ?? ???? ??? ????? ???? ????? ????? ?? ??????? ????. ????? ???? ??? ? ?????????? ???? ??? ?? ??? ??? ???? ??????? ?????. ?? ??? ???? ????? ??? ??????? ?? ??? ??? ? ??? ????? ????? ?? ??? ????? ??? ?????? ???. ?????? ???? ????? ??? ??????? ?? ?? ??? ?????? ? ?????? ???? ??? ???? ? ??? ????????? ????? ??? ????? ??? ?? ???? ?? ???? ???? ??? ?? ?? ?????? ??? ???.

â€œPerfect abilityâ€ the requirement of creation, actuality or non-contingency? ????? ????, ????????????
??? ? ???? ???? 51 ????? 1: ????? ????? ??6? ???? ???8
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???? ?? ????? ???? ????? ????? ??????? ?? ??? ?? ???? ??? ?? ??? ?????? ??? ?????? ?? ??? ????? ?????? ? ?? ?? ?? ????? ???? ??? (???? ????) ??? ???? ??????. ???? ??? ??? ?? ??? ?? ??? ??? ?? ????? ?? ???? ?????? ?? ?? ???????? ?? ????? ??? (?????? ????? ? ????) ????? ????. ?? ??? ???? ?? ???? ???? ?? ??? ??????? ??? ????? ???: ????? ????? ? ???? ??? ???????? ?? ???? ????? ??? ???? ????? ????? ???? ????? ?????? ???? ???? ?? ????? ?? ????? ????? ???????? ???? ?????? ??? ???? ??? ? ???? ?????? ?????? ?? ???? ???? ???? ????? ???? ??? ? ?? ?? ????? ???? ???? ?????. ?? ??? ?????? ??? ???? ????? ? ??????? ????? ?? ???? ????? ??????? ? ???? ??????? ????? ?? ?? ?? ?? ??? ?????? ?? ??? ????? ????????? ?? ?????? ?? ???? ???? ???? ?? ????? ??? ? ????? ???? ???? ? ??? ????? ?? ????? ??? ???? ???? ???? ???? ?? ??????? ????? ????? ?????? ? ?????? ???? ? ?? ????? ?? ?? ???? ? ????? ?????????? ?????? ???? ???? ? ???? ?? ???? ??? ??? ?? ????? ?????? ??? ?? ????? ???? ???? ??? ?????? ?? ????? ?????? ???? ???? ?? ?? ??? ?? ?????? ?? ????? ??? ???????? ? ?? ?? ????? ?? ???? ?????? ?????????.

IdjmÄâ€˜(Consensus) Caught up between Mohaghegh Ardabiliâ€™s Rejection and Approval ?????, ????; ?????, ????; ????? ????, ????
??? ? ???? ???? 51 ????? 2: ????? ????? ??7? ??????????8
Publisher : ???????? ??????? ?????? ????

????? ??? ?? ?????????? ????? ???? ??? ????? ???? ??? ? ???? ?? ????? ????? ???? ????? ?? ???? ?? ?? ??? ????? ???. ?? ???? ?????? ??????? ?? ?? ??????? ??????? ?? ????? ?? ???????? ???? ???? ????? ???? ????? ??????? (? 993 ?) ???. ?? ?????? ??? ????? ????? ??????? ?? ?? ???? ???????? ????? ??? ????? ????? ?? ????? ???? ?????? ???. ????? ???????????? ??? ???? ???? ?? ?????? ????? ???? ???????? ???? ? ????? ???? ????? ?? ???? ????? ???? ???? ??? ?? ?? ???????? ????? ??? ??????? ????? ????? ?? ??? ?????? ??? ?? ????? ????? ????? ????? ?? ???? ?? ???? ???? ? ???????? ????? ?? ?? ???? ?????? ???.

Page 28 of 31 | Total Record : 303

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