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Author(s): 

Mosavi S.f.

Issue Info: 
  • Year: 

    2023
  • Volume: 

    27
  • Issue: 

    95
  • Pages: 

    217-232
Measures: 
  • Citations: 

    0
  • Views: 

    29
  • Downloads: 

    0
Abstract: 

Aim: In the Holy Qur'an, there are guiding propositions from which counseling propositions can be deduced. The realization of this requires comprehensive foundations and obstacles so that these inferences have the necessary stability and prevent their distortion. In this direction and looking at the model of ijtihad-judgment, an attempt is made to clarify the Quranic foundations for legalization of counseling science in the two areas of possibility and permissibility of deriving counseling propositions from the verses of the Crimea. Method: This research is library-oriented, applied, interdisciplinary and problem-oriented. The method of reflection on library data was explanatory and inferential. Results: Quranic foundations in the scope of the possibility of legalizing counseling science, the comprehensiveness of the Quran and its scope in human guidance, the naturalness of the Quranic teachings, the wisdom of the words of the Quran, the suitability of the features of the Quranic language with the principles of counseling and the basic topics of counseling teachings are mentioned in The holly Quran. In the area of the permissibility of inferring advisory propositions from Quranic guiding propositions, there are verses indicating deliberation in the Holy Quran. Conclusion: According to the foundations found in the field of the possibility and permissibility of deriving advisory propositions from the guiding propositions of the Qur'an, the verses provide a suitable platform for the creation of an advisory system.

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Author(s): 

madadi mahdi

Issue Info: 
  • Year: 

    2023
  • Volume: 

    11
  • Issue: 

    41
  • Pages: 

    307-333
Measures: 
  • Citations: 

    0
  • Views: 

    31
  • Downloads: 

    0
Abstract: 

Cryptocurrency mining is an important issue that has attracted the government’s and people’s attention to itself in recent years, and many people are active in this field. Despite the various activities in this field, the mentioned industry has not yet been legally recognized, and because of the absence of this legislation, many misfortunes and concerns have emerged. Considering this necessity and for relieving the concerns and ambiguities existing for the legislator, the present research seeks to jurisprudentially and legally investigate the ongoing problems in the legalization of cryptocurrency mining including “the nature of the cryptocurrency mining activity”, “the unnecessariness of mining”, “appointment of the mining legislator official” and “the feasibility for levying tax for mining”. The concluding element of the present research can be summarized in jurisprudential terms in “not amounting the mining activity to gambling”, “amounting the mentioned activity to reward”, “mining efficiency in terms of its necessity for protecting the network safety and the possibility for earning foreign currency incomes” and “not raising any doubt about weakening the Islamic system and sovereignty of the aliens”. In legal terms, the present study states that the legalization of cryptocurrency mining requires some changes in the Monetary and Banking Act, passed in 1980, and in tax levy terms, the aforesaid activity is included in Articles 93 and 94 of Direct Taxation Act, passed in 1987.

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Author(s): 

NABI ALI

Journal: 

Issue Info: 
  • Year: 

    2020
  • Volume: 

    19
  • Issue: 

    41
  • Pages: 

    411-438
Measures: 
  • Citations: 

    0
  • Views: 

    245
  • Downloads: 

    0
Abstract: 

Euthanasia is a contentious issue in medical and legal assemblies. This issue is related to incurable patients who tolerate a lot of problems during the patience period, demanding life deprivation, for some reason. A few countries have legalized some types of euthanasia, and some others have reduced the punishment of perpetrators. But this is not recognized as legal in Iran and it is considered as murder. This research has studied about necessities and barriers to the legalization of euthanasia, by descriptive and analytical method. Required resources were collected and analyzed with the library method. Finally, pain relief of patients, Demographic characteristics and the aging crisis ahead, high cost of maintaining patients, adaptation of euthanasia to the meaning of life and Creation goals were recognized as the most important necessities. The most important Barriers included Quran and jurisprudential, Legal and human rights constraints, ethical limitations and non-demand and social acceptance. It seems that, barriers to legalization of euthanasia in Iran, are stronger than its necessities, and overcoming them is not easy.

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Journal: 

RESEARCH ON ADDICTION

Issue Info: 
  • Year: 

    2021
  • Volume: 

    15
  • Issue: 

    61
  • Pages: 

    49-86
Measures: 
  • Citations: 

    0
  • Views: 

    383
  • Downloads: 

    0
Abstract: 

Objective: The present study aimed to examine the frameworks and regulations governing legalization in Canada, Uruguay, and the two states of Washington and Colorado to gain a deeper understanding of legalization models and the related issues in the light of this comparative study. Method: To conduct the research, the descriptive-analytical method, and in fact the comparative analysis, was used. The research was of qualitative type and the data collection tool was the study of articles, reports, and laws related to legalization. Results: The results of the study showed that the mentioned governments have tried to codify various mechanisms in the field of cannabis supply patterns, pricing, setting age limits for consumption, etc. In the meantime, whether governments have paid more attention to the health of consumers or reducing consumption in the context of public health, or whether revenue generation is generally the main justifier for implementing legalization or not, are issues discussed in this study. Conclusion: The business model and the government model, as the two main cannabis legalization models, have their own issues and therefore it seems that action should be taken based on specific expectations and in terms of specific regulations of these models.

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Journal: 

MAJLIS & RAHBORD

Issue Info: 
  • Year: 

    2021
  • Volume: 

    28
  • Issue: 

    105
  • Pages: 

    303-334
Measures: 
  • Citations: 

    0
  • Views: 

    592
  • Downloads: 

    0
Abstract: 

Cryptocurrencies are one of the recent legal issues affecting and changing the way in which trade and business is done. Therefore, this phenomenon should be legalized on the basis of two principles: 1. the necessity of conformity or, 2. the absence of its main principles within Islamic texts. In view of this necessity and in order to alleviate the concerns and ambiguities of the legislature, the present study aims to represent and analyze the legal and jurisprudential issues which have led to matters, such as: 1. the nature of cryptocurrencies, 2. the legitimacy of cryptocurrencies, 3. anonymity and 4. risk-taking. The ideas presented in this study were compared with the existing jurisprudential rulings, and as a result focuses on the issues of legalizing cryptocurrencies and the inability to track deception and usury in trading such currencies. From a legal perspective, the feasibility of taxation and legalization and the methods used to reduce money laundering, were found to be pressing matters.

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Issue Info: 
  • Year: 

    2021
  • Volume: 

    10
  • Issue: 

    3
  • Pages: 

    00-00
Measures: 
  • Citations: 

    0
  • Views: 

    53
  • Downloads: 

    31
Abstract: 

Context: Prostitution is a complex phenomenon defined as the provision of sexual services to receive something (goods or services) which is not sexual. Given the response of different societies and cultures to criminalization, decriminalization, or legalization of prostitution, this study aimed to compare the three aforementioned approaches to analyze the strengths and weaknesses of each view. Evidence Acquisition: This narrative review study summarizes various views on how to control the prostitution phenomenon. To conduct this study, related articles in PubMed, Google Scholar, and Scopus databases, as well as documents and reports published by Amnesty International, theWorld Health Organization, and the United Nations Office on AIDS, were investigated. There was no time limit for searching the articles and documents. Results: Different communities have their own responses to the prostitution phenomenon, depending on their economic, social, and cultural context. According to the literature reviews, three main approaches, including criminalization, decriminalization, and legalization, are recommended to deal with prostitution. In each of these frameworks, human trafficking and child prostitution are criminalized. Although it seems that partial decriminalization has greater benefits with fewer disadvantages, it is not without defects. Conclusions: Using the moderator rules that are embedded in the laws of each country for expediency might reduce the harmful consequences of the first rules, or measures can be taken by considering specific regulations that exist in the national system of each country.

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Journal: 

MEDICAL LAW

Issue Info: 
  • Year: 

    2022
  • Volume: 

    16
  • Issue: 

    57
  • Pages: 

    0-0
Measures: 
  • Citations: 

    0
  • Views: 

    45
  • Downloads: 

    0
Abstract: 

Background and Aim: For the past three decades, what is known as the "Right to Death Movement" has had significant achievements in some countries? Indeed, despite religious and non-religious opposition to euthanasia, Western legal systems has, one after the other used the criterion of patient autonomy alongside the criterion of compassion for patients to assist in the irreversible path of accepting euthanasia. In this article, an attempt has been made to examine the trajectory of the intellectual evolution towards euthanasia among its proponents and opponents by looking at the Sharia-oriented and secular intellectual traditions. Methods: The research method in this article was descriptive-analytical. The information has been obtained through the library research method and by referring to domestic and foreign books and articles. Ethical Considerations: Throughout the present study, scientific integrity and fidelity have been fully observed. Results: The general impression presented from the study of the above-mentioned trajectory is that human thought in the Western tradition has gradually shown more empathy and agreement with euthanasia and has moved from opposing it to agreeing and accepting it. The Islamic tradition, although slower, has taken the first steps toward accepting euthanasia. Conclusion: Euthanasia is not acceptable only by the criterion of autonomy and it is necessary to consider other legal, philosophical and moral criteria in addition to this one. This is why many philosophers consider the existence of at least two criteria simultaneously to justify euthanasia. The criterion of human autonomy along with the criterion of compassion for the unbearable suffering of patients.

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Author(s): 

Issue Info: 
  • Year: 

    2019
  • Volume: 

    1
  • Issue: 

    1
  • Pages: 

    0-0
Measures: 
  • Citations: 

    1
  • Views: 

    50
  • Downloads: 

    0
Keywords: 
Abstract: 

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Author(s): 

Rahmatifar Samaneh

Issue Info: 
  • Year: 

    2021
  • Volume: 

    NEW
  • Issue: 

    28
  • Pages: 

    221-243
Measures: 
  • Citations: 

    0
  • Views: 

    455
  • Downloads: 

    0
Abstract: 

The comparative study on political theory of the public and private sphere with law provides a basis for restriction of law and state and redraws public-private law boundary. Research method is descriptive-analytical. That is, firstly, the private and public sphere, according to Hannah Arendt's theories, are described by identifying its elements. And, secondly, the elements in two spheres are analyzed in accordance with law framework and its branches generally. And, finally, the level of recognition of private and public sphere in legal system of Iran is measured. The private sphere is an area of human life that is intertwined with elements such as intangible ownership and presidency of the family, and the tendency to conceal and naturally de-legalization. Civil society is a part of private sphere; it is an area of human self-control activity into non-governmental groups. The public sphere is an area of policy-making by citizens through free conversation and action. In the legal system of Iran, the private sphere is supported overall; independence of civil society is not guaranteed, despite implicit recognition. Government makes policy, then citizens work within its framework after getting governmental permission.

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Author(s): 

Issue Info: 
  • Year: 

    2020
  • Volume: 

    17
  • Issue: 

    3
  • Pages: 

    909-909
Measures: 
  • Citations: 

    1
  • Views: 

    85
  • Downloads: 

    0
Keywords: 
Abstract: 

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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