JOURNAL OF MODERN JURISPRUDENCE AND LAW
Year:2021 | Volume:2 | Issue:6|Papers Count:10

This research, in a descriptive-analytical way, aims to prove that maturity is not a condition in situational judgments, which is the provisions of the rule. In this regard, he has examined the arguments for proving it, including generalities and applications, consensus, and the behavior of the legislators and the wise, with an approach based on the opinion of Imam Khomeini (ra) and has examined these opinions. A situational sentence is a sentence that is not directly related to the obligatory act and behavior, but determines a specific situation that indirectly affects human behavior. The generalities and applications of the rulings include the minor and the immature, and these cases are not assigned and are not restricted to adults and do not apply to adults. Mandatory mandatory sentences are assigned to puberty; However, the mustahab and situational rulings are not specific, and from a rational and religious point of view, there is no obstacle to their inclusion in the case of children. The authors' autonomous theory is that in situational judgments, maturity is not a condition and the rule is based on solid reasons.

Today's world, which can rightly be called the world of scientific progress and development, is growing and expanding at an unimaginable speed. This expansion is not only in the technical and experimental sciences, but also in the humanities. One of the results of this amazing growth and development of human sciences and knowledge is the multiplicity of scientific writings and writings that are presented to human society by thinkers and scientists. In a way, it can be said that our age is an era in which writing and writing are created more than any other period. Due to the growth of knowledge, these writings go beyond the scope of the author and author environment and are spread and spread throughout the universe. In order to support the translator's valuable and arduous efforts to return the work or book, legal systems and governments have long enacted measures and laws to stop the looting of translators' efforts by profiteers. On the other hand, to encourage and support this important group that is the mediator of the transmission of human knowledge. In this research, we intend to examine the rights of translators with the focus on the book "Fundamentals and rules of the translation industry".

The study of the rights of minorities and ethnic groups in the Constitution of the Islamic Republic of Iran shows that despite the lack of a clear and coherent model and the lack of common models for attracting and endorsing the participation of minorities in this legal document, the rights of these groups have been raised and preserved in various ways. . In the constitution of our country, three ethnic groups, religious minority and religious minority, are distinguished from each other, and while the ethnic minority can be combined with two other groups, rights have been proposed for each of them, which can be combined together. In addition to the Muslim majority in Iran, there are non-Muslim minorities who, being Iranian citizens, are considered members of the nation. This article seeks to explain the special rights of religious minorities in the Iranian political system that religious minorities, in order to enjoy legal equality, to preserve and protect their religious cultural characteristics, want government-sponsored measures that are addressed in Iranian law. In this article, we intend to analyze the rights of the religious minority community of Iran in contemporary history, which is also a method of collecting information through libraries and taking notes.

Man's honor and dignity are as valuable and respectful to him as his life. Living in the community requires maintaining a reputation. Therefore, human beings do their best to maintain their dignity. For this reason, he considers the behaviors that harmed the honor and dignity of the person as a crime and punishable. Crimes against the spiritual dignity of individuals are a group of crimes that damage the honor and reputation of the victim, which may not be compensable. The main crimes against moral dignity in Iranian criminal law are insult, defamation, spreading lies and blasphemy. In this study, we intend to examine the legal system governing crimes against dignity. The method of collecting information is in the form of taking notes and library.

Man's honor and dignity are as valuable and respectful to him as his life. Living in the community requires maintaining a reputation. Therefore, human beings do their best to maintain their dignity. For this reason, he considers the behaviors that harmed the honor and dignity of the person as a crime and punishable. Crimes against the spiritual dignity of individuals are a group of crimes that damage the honor and reputation of the victim, which may not be compensable. The main crimes against moral dignity in Iranian criminal law are insult, defamation, spreading lies and blasphemy. In this study, we intend to examine the legal system governing crimes against dignity. The method of collecting information is in the form of receipts and libraries.

Public participation in legislation has grown exponentially over the last two decades due to electronic devices. In fact, digital tools have changed the process of democracy and made the two-way communication between citizens and representatives more efficient. New media and open data at the level of online information to electronic public participation in decision-making play an active role in producing a new type of agency, an agency that has emerged not in the traditional way and only in the passive field, but in the consultative and complementary field. E-participation varies from the level of online information to e-participation in decisions. In this study, in order to take advantage of global experiences in optimizing the optimal institution of democracy in Iran, ways to increase public participation in various stages of legislation and call for effective ideas by using the vast capacity of cyberspace in other legislative systems have been monitored. The results of this study prove the necessity of serious determination of the executive and legislative powers of the country in calling and applying the opinions and votes of the people, especially their experts, and as a result increase the efficiency of the resolutions due to its influence on the collective will. It is a republic.

Undoubtedly, moharebeh is one of the most important crimes against internal and even external security. This criminal phenomenon is taken from verse 33 of Surah Ma'idah and is one of the most important Qur'anic teachings used in Islamic criminal jurisprudence under the title of verse of Moharebeh. It is not a secret to the scholars that one of the disputed issues regarding moharebeh is the issue of the quality and manner of applying the four punishments in the holy verse. There are two promises in this regard. A large group of jurists are obliged to change the ruling in the application of punishments, and another group believes in order. The present study is organized in order to answer the same question, which according to the holy verse, how and the quality of the application of confinement punishments, what is the ruling area? And which promise is right? Accordingly, in the present study, in an analytical-comparative-descriptive manner, in order to achieve the desired answer, first a clear picture of the concept of moharebeh and a brief acquaintance with the four types of punishments for murder, cruelty, severance and denial of effort, and then express the sayings of jurists. شد. Then, the evidences and documents of both promises of change and order were reviewed in detail. It became clear that, in principle, the division of narrations into variations and sequences is incorrect and lacks a proper basis. All narrations seek to express a truth. Their difference is merely an apparent matter, and they never have a substantive disagreement with each other. Finally, in spite of the multiplicity of the jurists' tendency towards the word of change, considering the conviction and superiority of the arguments of the word of order, the legitimacy of this word was fixed and preferred. With this jurisprudential approach, the manner of applying the punishment of the enemy is based on the promise of order and proportionality of the prescribed punishments with the crimes committed. The practical and applied benefit of this research is the proposal to amend Article 283 AH. م. ا. Approved in 1392.

According to the principle of the necessity of the contract, whenever a person undertakes to do something, it is his social, legal and moral duty to perform it. Of course, according to the subject of the research, the objection in the implementation of the contract is exceptional on this principle. Commitments are affected by voluntary and involuntary issues that stop the performance of obligations. Matters such as war, natural disasters and disease, death and hardship are among the most important cases of termination of contractual obligations. The purpose of this study is to identify the cases of objections that as a result of the elimination of these cases, business relations flourish. Considering the principle of necessity of contracts, resorting to accepting the objection of the contracting party will not be accepted. The parties are not allowed to change the terms of the contract unilaterally. In this study, it has been investigated that in case of incidents that lead to the suspension of the obligation, it will cause the obligation to be revoked, which has been studied comparatively with British law.

Maturity; Achieving physical and sexual development that is ready to reproduce in a girl or a boy is a natural thing and is not a religious issue and therefore does not need to be expressed by the sharia. Of course, the legislator has provided signs to facilitate the matter. The Qur'an refers to the UAE of menstruation and menstruation. Observer and non-observer narrations have added the statistic of age to these verses. Therefore, different views have been formed that have either relied only on the narration and believe that puberty is a formative-devotional matter, such as the popular view that nine-year-olds in girls and fifteen-year-olds in boys, or others arguing that age is discussed in the verses. No, they have completely abandoned this statistic and consider puberty as a purely developmental thing, and they have been satisfied with the developmental type of puberty only to the developmental age. In this article, the UAE is examined according to the two categories of personal UAE (menstruation, eutham and Anbat) and general and general UAE (age) and then as a sum between narrations and verses and also according to the content of the UAE which does not include any of the two types of UAE. It does not matter alone; The sum of comments is considered as an indicator of maturity! In this way, the difference in the incidence of personal emirates causes a difference in maturity and should be considered by a general statistic نوعی and some kind, and of course not based on a specific age but taking into account the age range.

The correct saying about the ruling on abortion is before the soul is breathed in, which is the prohibition unless there are permissible reasons for abortion that are permitted by Shari’ a.