https://www.jaml.ir/ Modern Jurisprudence and Law en daily 1 Tue, 21 Apr 2026 00:00:00 +0330 Tue, 21 Apr 2026 00:00:00 +0330 https://www.jaml.ir/article_735379.html Undoubtedly, one of the serious and longstanding challenges of human societies is the issue of employment and labor. Over the past century, due to the increase in the world’s population, the occurrence of two world wars, and the rapid growth of technology, this issue has gained extraordinary importance. In this regard, various institutions have worked to support workers’ rights, the most important of which is the International Labour Organization (ILO), which has been actively operating since 1919 and has taken significant steps toward establishing and strengthening workers’ rights.However, workers still face serious challenges such as unjust dismissal from workplaces or factories, forced and excessive labor, low wages, the soaring cost of living, lack of vocational and professional training, deep labor disputes with employers, occupational health issues, and many other problems. Fortunately, through the measures taken by governments and international organizations particularly the International Labour Organization in the form of regulations, laws, recommendations, and conventions, some of these problems have been addressed.Nevertheless, the lack of job skills, especially the ability to work with modern technical equipment, computers, various software, and artificial intelligence, remains one of the factors contributing to the low wage levels of workers. Despite these challenges, the role of the International Labour Organization in transforming and promoting workers’ rights cannot be ignored, as it is closely linked to human rights standards. Governments therefore pay close attention to the issue of workers’ employment while observing occupational and social justice, recognizing workers as a key factor in the development of their societies.   https://www.jaml.ir/article_714831.html Education has been one of the subjects of attention of different religions and schools throughout the centuries. Education has different dimensions, one of the most important of these dimensions is social education. The best period for social education is childhood, because this period is a very suitable time and opportunity for all kinds of social learning, and the process of socialization is faster in childhood. Therefore, this article has investigated the social education of children in the biography of Amir al-Mu'minin (AS) with an emphasis on Nahj al-Balagha and achieved some results by using library sources. Just as it is necessary for the child to pay attention to the individual differences of people, the other is to be educated in such a way that he has tolerance and compromise with others and avoids extremes. Another way is to be responsible for the responsibilities that are given to him and to be truthful in his interactions with the people of the society, and the other way is to consult with others in various matters in order to achieve a better result. https://www.jaml.ir/article_735381.html Effective implementation of the “Mandatory Registration of Transactions of Immovable Property Act” constitutes a crucial legal instrument for fostering order and transparency in real estate transfers and preventing disputes in judicial forums. This study aims to assess the impact of enforcing this law on the reduction of property-related lawsuits in judicial authorities, as well as clarify the practical obstacles and challenges to its execution. To this end, the theoretical foundations and relevant regulations are analyzed, and the process of bringing and adjudicating real estate disputes before and after the enforcement of the act is examined through statistical data and case studies. The findings indicate that, while the law significantly enhances the credibility of official documents, reduces informal transactions, and limits conflicting transactions, persistent reliance on informal deeds, insufficient legal awareness, lack of effective supervision over unofficial document drafting, and certain ambiguities in legal interpretation and application have prevented full realization of the legislator’s objectives. Based on the results, clear regulations, greater incentives and enforcement for the use of official documents, the development of electronic registration platforms, and synergy among notary offices, registry administrations, and judicial authorities can substantially reduce property disputes and improve legal security in real estate transactions.   https://www.jaml.ir/article_244610.html One of the penalties in the laws of the United States of America is death penalty. In this article, we intend to review the US legal system for the death penalty. Inspections generally show The crimes of execution in each state, federal, and military law are independent and also These crimes are in addition to their plurality in the rules Into three categories; 1) Crimes related to murder, 2) crimes unrelated to murder, 3) deputy, company and consultation in the murder Also according to death sentences in the United States, It seams The legislature's approach to the death penalty is increasing But the number of death sentences has dropped dramatically from 1999 to this year (2018). So the United States, as an industrialized developed country, continues to focus on surviving this punishment in its judicial system, But it has taken precautions in its implementation. Key words: execution, american, states, army, federal, Punishment https://www.jaml.ir/article_735382.html Patent protection is one of the most important legal mechanisms for supporting innovation and plays a fundamental role in the scientific, industrial, and economic development of societies. This study adopts a comparative approach to examine the legal foundations and protective mechanisms of patents in Iranian and English law. In the English legal system, the patent registration process is characterized by strict criteria for assessing novelty, inventive step, and industrial applicability, supported by a well‑established judicial practice and a specialized adjudicatory structure. In contrast, despite legislative reforms and efforts to align with international standards, the Iranian legal system continues to face practical challenges in areas such as defining the boundaries of the inventive step, the speed of proceedings, and the establishment of specialized judicial mechanisms. The findings of this research indicate that although the two legal systems share broadly similar legal frameworks, differences in implementation and the quality of substantive examination lead to significant disparities in the level of effective protection afforded to inventors. Ultimately, this article proposes measures to strengthen the patent registration and dispute resolution system in Iran by drawing on the successful experiences of English law.   https://www.jaml.ir/article_244611.html Note 2 of Article 1313 of the Civil Code has not accepted the testimony of the beggar with begging as their main job like many other jurists. But some jurists have accepted the testimony of the beggars who do not commit Haram works. This study has performed with descriptive and analytic methodology and the results revealed that there are certain parameters for acceptance or rejection of the testimony of the beggar. These factors are: 1) There are different interpretations of the hadith “The beggar is the one on his palm” and this hadith is the basis of not accepting his testimony. 2) There are discrepancies between the jurists whether begging is Haram or not. 3) If we accept that begging is not Haram, why should not we accept his testimony? This case has caused some jurists and lawyers consider non-begging as an independent condition for justice. 4) Lack of a rule that includes all cases of "being exposed as a witness". The conditions of “justice” and “not being suspected” has led to the rejection of the begging testimony, while begging alone does not deprive justice. Unless it is accompanied with Haram acts like lying, cheating, etc. On the other hand, "being under suspicion" does not lead to the non-acceptance of testimony everywhere https://www.jaml.ir/article_735383.html The liability of physicians in surgical operations and medical treatment is one of the most sensitive manifestations ofprofessional liability in contemporary law, as it is directly related to the fundamental human rights to life, physical health,and human dignity. Surgery, as a deliberate yet inherently risky intervention in the human body, constantly raises afundamental legal question: in the event of harm, to what extent should a physician be held liable, and how can a balancebe established between protecting the patient and safeguarding the professional and scientific security ofphysicians?Focusing on this challenge, the present study examines the nature and foundations of physicians’ liability insurgery and medical treatment. Using an analytical–comparative method, this research analyzes physician liability withinthe legal systems of Iran, Egypt, and Turkey. In Iranian law, physician liability is generally analyzed on the basis of faultand within the framework of an obligation of means, where the establishment of medical negligence, causal relationship,and occurrence of damage play decisive roles. In Egyptian law, in addition to fault, the element of an “unlawful act”occupies an independent position in the analysis of liability and expands the scope of patient protection. In Turkish law,the standard of professional care and the conformity of the physician’s conduct with accepted scientific standardsconstitute the principal criteria for assessing liability in surgical procedures.The findings of this study indicate thatalthough the common basis of physician liability in all three legal systems is the principle of fault, differences in the roleof informed consent, the methods of proving negligence, and the legal consequences of liability have led to distinctapproaches. The comparative analysis suggests that strengthening a human-centered perspective on patients’ rights,alongside clarifying professional medical standards and developing specialized mechanisms for adjudication, cancontribute to achieving restorative justice and establishing a reasonable balance between patient rights and theprofessional status of physicians within the Iranian legal system.Keywords: Liability, Iran, Egypt, Turkey, Physician, Treatment .JEL Classification: Jurisprudence - Law - Criminal and Criminology - International Law - Private LawScientific Journal of ModernJurisprudence and LawPrint ISSN: 2717- 1469Online ISSN: 2717 - 1477Profile in ISC,SID, Noormags,Magiran, Ensani,GoogleScholarwww.jaml .irYear 2026 وSixth year ,Issue 27Pages 1-17AbstractThird-party obligation is one of the important concepts in Iranian law, in which a person (obligor)undertakes an obligation for the benefit of a third party (other than the parties to the contract). This type ofobligation may be made for various reasons, such as the third party benefiting from the benefits of thecontract or providing protection to the parties. However, the fulfillment of an obligation for the benefit of athird party faces certain obstacles and conditions that limit its enforceability. One of the most importantobstacles is the lack of consent of the third party. If the third party refuses to accept or benefit from theobligation, the obligation for the benefit of a third party will not be effective. In other words, the third partymust be willing to use the obligation for his own benefit, otherwise the obligation will be invalid. In addition,the consent of the obligee is also necessary, because otherwise the contract will be ineffective. Some specificlaws may not allow the obligation for the benefit of a third party to be fulfilled in a desirable manner,especially if it conflicts with special regulations or the rights of others. In this regard, mandatory lawsdesigned based on public order or good morals may declare such obligations illegal. Another obstacle is thepresence of a specific condition in the contract that may create restrictions on the third party's exploitationof the obligation. The lack of competence of the third party is also anoth https://www.jaml.ir/article_244612.html In Iranian law, the need to form a jury in political and press crimes is enshrined in Article 168 of the Constitution, but there is not much legal literature on the need for compliance or non-compliance of the trial court with this institution. The jury in dealing with judges in press crimes and its place in the legal system of our country to be addressed. The results show that .1 The anticipation of a jury in terms of constitutional rights can be justified in two ways: a. It enables the participation of the people in the judicial process, especially in political and press crimes that have a public aspect. b. The executive branch guarantees the impartiality of the plaintiff. 2. The court is obliged to comply with the jury's view of innocence because the jury's opinion is based on the principle of innocence. Follow the principle of legality of crimes and punishments. Therefore, if the jury is guilty, the court can acquit on the basis of the legality of the crimes, because it is bound by the law. https://www.jaml.ir/article_735385.html The purpose of this study is to analyze and prioritize Islamic jurisprudential factors influencing school principals’ success, based on the International Successful School Principalship Project (ISSPP) framework and in interaction with modern artificial intelligence approaches in educational management. Considering the growing use of intelligent technologies in decision‑making and performance assessment, this research integrates Islamic legal principles—such as justice, consultation (shura), responsibility, and the protection of rights of staff and students—with ISSPP managerial indicators and AI‑based tools to propose a localized model for enhancing school effectiveness in Urmia County. The study adopts a mixed exploratory method. In the qualitative phase, semi‑structured interviews with successful principals and scholars in Islamic educational jurisprudence were conducted; in the quantitative phase, data were analyzed using Fuzzy Analytic Hierarchy Process (FAHP) and AI algorithms for variable ranking. The statistical population consisted of principals of elementary, lower secondary, and upper secondary schools in Urmia during the 2024–2025 academic year. Findings revealed that jurisprudential factors such as justice in decision‑making, trustworthiness in resource utilization, consultative leadership based on Sharia, and ethical responsibility in religious education had the highest impact on managerial success. Moreover, the intelligent use of educational data and machine‑learning systems improved fairness and precision in performance evaluation and human resource planning. Overall, the study concludes that synergy between the ISSPP framework, Islamic jurisprudential teachings, and AI capacities can form an efficient and ethically grounded managerial model for Iran’s educational system.   https://www.jaml.ir/article_244613.html Clinical criminology is one of the most important branches of criminological thinking in the contemporary era. This emerging intellectual tendency revolutionized the teachings on criminal liability of criminals by proposing criteria different from those of its predecessors in determining the criminal responsibility of criminals. Relying on the dangerous state, clinical criminology tries to determine the elements of criminal responsibility by searching for the personality of the offender. Dangerous state and personality of the offender are the most important components of clinical criminology, and based on this, the dangerousness of the offender makes him a special personality. This personality is the most important issue in criminal responsibility strategies that are somehow influenced by the teachings of clinical criminology. In the present study, the concept and components of clinical criminology as well as the effect of the teachings in this emerging intellectual trend in criminology on determining the criminal responsibility of offenders have been discussed. https://www.jaml.ir/article_244614.html Undoubtedly, in today's world, one of the important indicators of human development is the presence of women and the way they play their role in various fields, and on the other hand, in the era of globalization, the interests and rights of individuals even within their own territory International considerations are tied. This has led to the issue of women's rights in international relations, and the entry of women's rights into the international arena has led to the formation of ups and downs of relations between countries and international organizations active in the field of human rights. The struggle for the observance of women's human rights by the international movement is a new struggle The Convention on the Elimination of All Forms of Discrimination against Women is an important achievement for the promotion of women's human rights, but due to some conflicts with the holy Sharia of Islam, the Iranian government has not ratified this important convention. It is essential that the government adhere to the International Convention against Torture and the International Convention on the Elimination of All Forms of Discrimination against Women, and provide for the elimination of remaining discriminatory laws against women. On the other hand, the education of women and men is very important. to examine strategies to enhance the human rights status of women, the authors of the present article try to examine the issue under discussion based on descriptive-analytical method and documented by reliable sources and interpretations of documents and procedures of international law. https://www.jaml.ir/article_733045.html The principle of the relativity of contracts dictates that the legal effects of a contract are limited strictly to its parties; nevertheless, recent social and economic developments have necessitated that, in some circumstances, contracts also impact third parties. This article, using a descriptive-analytical method and a comparative approach, examines the jurisprudential and legal foundations of obligations in favor of third parties in the legal systems of Iran, Afghanistan, and Egypt. The findings indicate that, in Iranian law, the acceptance of stipulation in favor of third parties is based on the rule “the believers are bound by their conditions.” In Afghanistan, acceptance of this concept has been influenced by Egyptian law and established on principles such as juristic preference and custom. In Egyptian law, the adoption of the direct obligation theory considers the rights of third parties independent from the will of the stipulator. This comparative study shows that, despite fundamental jurisprudential differences, all three countries converge on the affirmative aspect of this institution but differ structurally in the negative aspect. https://www.jaml.ir/article_244615.html Numerous factors such as the role of the judicial structure, the role of the case law, the role of the trial judge, the role of judicial staff and judicial officers are effective in increasing or decreasing the daily litigation and the volume of court cases and litigation. One of the causes of litigation is the lack of a lawyer in litigation, and in case of consultation with a lawyer before taking any legal action and using the expert opinions of a lawyer will reduce the input of cases and lawsuits. Therefore, there are various solutions to reduce the inflation of lawsuits, such as paying attention to the role of the lawyer in reducing lawsuits and resolving lawsuits amicably. The main question is what is the role of the lawyer in reducing the number of court cases. Findings of this study in rooting out the inflation of lawsuits in Iran and related local and regional strategies show that the lawyer has an important role in reducing and increasing judicial cases, so that the presence of a lawyer reduces and increases his case increases judicial cases. Therefore, the present study, as a way to reduce the inflation of lawsuits, has suggested that the presence of a lawyer in legal and criminal cases should be mandatory, and in addition, a family lawyer should be designed and the position of a lawyer in society should be promoted. The present has been written by descriptive-analytical method and library study. https://www.jaml.ir/article_733052.html With the expansion of the use of artificial intelligence in the field of religious education, fundamental questions have been raised regarding the preservation of the authenticity of religious teachings, the role of the human educator, and the quality of the learning process. The importance of this issue lay in the fact that the introduction of technology into religious education, alongside creating opportunities for facilitating and personalizing learning, could also give rise to challenges such as algorithmic bias, superficialization of religious concepts, and a reduction in human interaction. the present study aimed to identify the jurisprudential, ethical, and educational dimensions of using artificial intelligence in religious education and to propose solutions for its responsible application in accordance with Islamic teachings. This research was conducted using a descriptive–analytical method and relied on library-based and internet sources. In this study, concepts such as the definition of artificial intelligence, capabilities of artificial intelligence, the concept of education, religious education, jurisprudence of technology, the place of tools in religious education, jurisprudential challenges of artificial intelligence, ethical–educational challenges, and jurisprudential solutions were examined. the findings of the research indicated that artificial intelligence, when employed as an instrumental tool under the supervision of a human educator, could enhance the process of religious learning and improve interaction between the educator and the learner. However, assigning an educational role to algorithms without human supervision led to ethical biases and a decline in critical thinking skills. Accordingly, the results of the study emphasized the necessity of preserving the central role of the human educator, the careful design of religious content, and adherence to jurisprudential and ethical frameworks in the use of artificial intelligence. https://www.jaml.ir/article_244616.html The rule of ignorant guidance is one of the general rules of jurisprudence that is used in Shiite jurisprudence. According to this rule, the guidance of those who are ignorant of the principles of religion and the rules of Shari'a is obligatory on the scholars. There are several religious and intellectual reasons that jurists have cited to prove the necessity of ignorant guidance. Ignorant guidance is divided into two types: guidance in rulings and guidance in matters. The jurists agree on the necessity of guidance in the rulings and there is no difference in this issue, but there is a difference of opinion among the jurists on the necessity of guidance in matters And most jurists believe that ignorant guidance is not necessary in matters. According to most jurists, there is no reason for the necessity of guidance in matters except in important matters such as life, honor and important property to which God has taken care and in which guidance is obligatory. One of the important applications of the rule of ignorant guidance is in the matter of family and upbringing of children, according to which jurists consider it obligatory for parents to guide their children after puberty, but using this rule before puberty is a matter of dispute among jurists. The teaching of so https://www.jaml.ir/article_735391.html The purpose of this article is to analyze and study the semantic method and analyze and explain the role of this method in comparative interpretation. The method of this analytical-descriptive research, which attempts to clarify the role of the semantic method in approximate comparative interpretation by studying and analyzing the semantic method and also studying and analyzing comparative interpretation. According to the findings of this research, the semantic method (semantics) is a method that deals with the semantics and explanation of words; but its purpose is not simply to study the word, but rather to identify the semantic components and layers present in the relevant words in a specific text. In semantics, to achieve this goal, a variety of linguistic and non-linguistic methods indicating meaning are used, and a semantic spectrum is formed in which semantic relationships between different concepts are discovered. The semantic method can be used in the semantics of the Quran; but it can only be used as a method and tool. That is, the semantic method is used only as a necessary condition for interpreting and understanding the meanings of the Quranic concepts, not as a sufficient condition for reaching all the meanings of the Quran. The deep levels of the Quran and the different layers of Quranic concepts cannot be reached by the semantic method; with this method, only the layers and surfaces of Quranic concepts that are related to words can be understood. https://www.jaml.ir/article_731954.html The present study analyzes the concept of maʿrifa (knowledge) from the viewpoints of two major currents of Islamic thought: Sufis and Usuliyun (principlists). The objective is to clarify the fundamental differences in the origin, method, and purpose of knowledge within these perspectives. Sufis consider knowledge as an intuitive and heartfelt reality attained through spiritual purification, mystical experience, and divine love, whereas Usuliyun regard it as the outcome of rational reasoning, logical inference, and reliance on revelation and legal evidences. Using an analytical–comparative approach and based on classical mystical and jurisprudential texts, the study demonstrates that knowledge in Islamic mysticism emphasizes presence and unveiling (kashf), while in the science of usul al‑fiqh it emphasizes argumentation and certainty (yaqin). The findings suggest that Islamic epistemology embodies two complementary dimensions: a rational one grounded in intellect and a supra‑rational one grounded in intuition. The integration of both leads to a more comprehensive understanding of truth in Islamic thought. مقدمه https://www.jaml.ir/article_244617.html One of the rules of jurisprudence that is widely used in both civil and criminal matters is the rule of urgency, to the extent that the application of this rule brings the rules of Sharia in accordance with the circumstances and the way for the administration of justice. According to the rules of the Qur'an and Sunnah (Hadith Raaf) and reason, in Islamic jurisprudence, urgency is an obstacle to criminal responsibility and is very important in relation to crimes against individuals. But there has been little discussion about assaults on lives, especially murders. Since there is a brief overview of the urgency of killing Iranian criminal law and in relation to the issue with the provision of Article 167 of the Constitution, we refer to fatwas and authoritative jurisprudential sources, so we have to study the issue jurisprudentially, although the issue In jurisprudence, too, it has been discussed and scrutinized only in the jurisprudential discussions of the jurists and most of the issues are that urgency is not a license for intentional murder, and the reason for this is the existence of the jurisprudential rule of Lataqiya fi al-Dama. However, there is an exception to this rule, each of which requires general conditions. https://www.jaml.ir/article_248393.html The main purpose of life is based on perfection. God Almighty has provided the best tools for guiding human beings in the path of happiness and merit in the service of human beings. In the meantime, jurisprudence explores all the cases in which human beings need to know the divine rule and discovers the laws related to it. This research is an inferential analytical method based on evidence; the Holy Quran and narrations, and the rules of harmlessness and tasbib, lahraj. achieved this result that happiness is one of the natural needs of human beings and can be taught and has different levels and is an important factor for moving sincerely in the path of worship and healthy communication in the family. The purpose of creation is achieved by reaching the highest level of happiness, which is possible by paying attention to spiritual values, basic needs, and having a purposeful life. Therefore, Islamic jurisprudence by presenting principles, framework, tried to draw man's attention to the fact that happiness is not limited to material happiness and man should not always remain in material happiness and immaturity discovery of unknowns, invention, etc. Hence, citing the four arguments of the book, tradition, consensus, and reason, have identified praiseworthy happiness and encouraged human society to be truly happy and confirmed the impact of happiness on the life process of individuals and the intellectual and practical manifestations and dynamism of the family and the progress of society. https://www.jaml.ir/article_251220.html The parliament has always been recognized as an important decision-making body in the political structure of societies. Therefore, the need to evaluate the performance of this institution is of great importance. If we evaluate the actions and performance of this institution, we can hope to improve its performance. Because behind evaluation is accountability. Accountability is a social relationship in which the person or institution being evaluated promises to provide appropriate justification for their actions. Therefore, the evaluation process will lead to transparency in the functioning of the parliament. Since the parliament is an institution that influences the life of the general public with its decisions, the need to improve its performance is considered important because it can lead to the realization of collective goals in societies. In this regard, the development of necessary mechanisms in order to achieve this goal deserves attention and the parliament can take an important practical step in this direction by resorting to the mentioned mechanisms. Therefore, the purpose and innovation of this study will be to provide the necessary mechanisms to evaluate and improve the performance of parliament. Obviously, if the actions of the parliament are transparent and improved, the collective interests of the general public can be guaranteed. https://www.jaml.ir/article_251221.html Permission is one of the important jurisprudential and legal institutions that has been discussed in many jurisprudential chapters and legal writings. According to verse 34 of Surah An-Nisa 'and Article 1105 of the Civil Code regarding marriage, the head of the family is the husband. Therefore, doing some things of the wife is subject to the permission and consent of the husband, and some of the activities of the wife are prohibited without the permission and consent of the husband. "Women's testimony" to be analyzed whether the tolerance and testimony of women is one of the things that the husband's permission is required to do or not? The findings of this study show that tolerance and testimony are sufficient. The husband's permission is required to perform the wife's sufficiency duties, but when tolerating and testifying against the wife becomes an objective obligation, there is a conflict in the community between the two objective obligations, and the strong and important criterion takes precedence, or a community of commands and prohibitions. If the community is not allowed, if the obligation of testimony precedes the obligation of obedience to the husband, the testimony without permission is valid, and if the prohibition takes precedence, then the woman has committed a sin and her testimony is void. However, if the community is allowed to command and forbid, if the woman tolerates and testifies without the husband's permission, she has committed a sin, but her testimony is valid. https://www.jaml.ir/article_251222.html The issue of repentance is one of the most important educational and moral teachings of the Holy Quran and Islamic traditions and has a special place and status in the holy Sharia of Islam. The truth of repentance is man's return to God, and it is a reaction on the part of man to his unworthy behavior, who has spent his life in divine sin. Recently, in the criminal law of Iran, based on the jurisprudential sources of the institution of repentance to prevent the recurrence of crime and correction of criminals has been legislated and in the eleventh chapter of the second part of the Islamic Penal Code adopted in 1992 has been addressed.In this article, the concept of the importance and effects of the role of repentance in the fall of the hadd punishment from the perspective of jurisprudence and law, as well as the views and opinions of famous jurists are discussed. It is hoped that it will be noticed and studied by esteemed students and other interested parties. https://www.jaml.ir/article_251223.html Since many Muslims have lived in cities since the beginning of Islam, and urban interactions require their own rules; In the holy religion of Islam, there are several rules in this regard; That these rulings are not on the same level in terms of learning, and those rulings that are more comprehensive are called the rules of jurisprudence; The present study, with a descriptive-analytical method, first explains the ways of discovering jurisprudential rules, such as explicit text, interpretation, follow-up and induction in texts, application or generality of text, intellect, custom and manners of rational, legislative way of life. are not. And then examines the general rules governing urban affairs, such as the rule of human ownership of the planet and the "sanctity of disorder", etc., in which civil activities outside the public order, the city and society are considered illegal. And according to the verses of the Qur'an, the development of the earth is obligatory and its destruction is forbidden. And leaving the land useless is illegitimate. And according to the rule of no harm, the antiquity of what causes harm is not a proof and evidence of its religious value, but its antiquity is not valid and it is obligatory to remove it. And according to the mentioned rule, the possession of the queen is conditional on the absence of harm and in order to ensure both the expediency of the owner and the harm to others; https://www.jaml.ir/article_251224.html Undoubtedly, one of the topics that has occupied the human mind since three thousand years ago is the issue of democracy and the rule of the people over the people, which means the rule of law in human relations with each other. They are fully implemented and they experience a life of peace and friendship with each other, but this pleasant thing has only happened in some continents, and continents like Africa are taking the first steps towards democracy, but the obstacles and challenges are sometimes as great. Sometimes it causes despair and hopelessness. However, this is the path that sooner or later the countries of the continent must take in order to enjoy international and regional stability and to distance themselves from war and violence. The purpose of this study is to get acquainted with the challenges of democracy in Africa and the findings of the study show the fact that African countries are going through a tense transition from instability to the rule of law and sustainable democracy and are on this path. Countries with the sovereignty of democracy and the values of the United Nations will benefit, and certainly a bright future awaits the nations of the Black Continent, given the status quo and the golden opportunities facing the African continent. https://www.jaml.ir/article_251225.html Because in human societies every human being has rights and responsibilities; The holy religion of Islam has explained these rights and duties in jurisprudential propositions; Urban affairs is one of the most important channels of these rights; The study of these is very necessary in Islamic jurisprudence. The present study with a descriptive-analytical method first examines the nature of law in jurisprudence. And then he has studied the rights in urban affairs, including these rights, the right of allocation, which is obtained in various ways such as possession, segregation, precedent, and revival. The right of access is also one of the rights of citizenship, which means the right to enjoy public permissions. And consists of three elements of benefit and benefit and the cause of the relationship between beneficiary and beneficiary; And its types are the right of drinking (the right of water), the right of the executor and the right of water) and the right of coming and going. From the point of view of Imami jurists, these rights are transferable; However, the jurists of the Sunni religions disagree on the taxation of these rights or their transferability in some cases. https://www.jaml.ir/article_252259.html Throughout Iran's history, judicial officers have always held a special place in the governmental and judicial system under various headings to help maintain and enforce the law, detect crime, and prosecute defendants. Creating security, establishing justice, social order and discipline, preliminary research, identifying the factors and contexts underlying crime and increasing the confidence and trust of members of society depend on the positive interaction of judicial officers with other forces. With the spread of crime in society and also the importance of the follow-up process in preliminary investigations and the investigation of the causes of occurrence and detection of crime in this study, an attempt is made to examine the indicators of interaction of judicial officers with other ruling powers. Being in charge of judicial officers in preliminary investigations does not mean that other organizations do not have a duty. Other organizations may be considered as the executive arm of judicial officers in preliminary investigations. Therefore, the reason for entrusting this serious task to the judicial officers is because the main institution that can surround the discovery and preparation of the causes of the crime are the judicial officers. It is due to the implementation and connection of the issue with the duties assigned to the officers https://www.jaml.ir/article_697960.html AbstractContrary to the proponents of natural rights, legal positivists believe that the law receives its authority from the sovereign and they do not pay serious attention to the moral foundations of the laws. 8It is obvious that such a view has a great impact on the motivations to follow the law and the level of legality or lawlessness of societies. Hart and Austin are the two philosophers who believe in legal positivism. The present research, relying on descriptive-analytical method and comparative study, has tried to analyze the views of these two philosophers and their differences. This analysis has concluded that Austin's legal system is more closely related to criminal law, while Hart's model is mostly civil law oriented. According to Hart, Austin's overemphasis on sovereignty leads to the weakening of laws with the decline of governments. Finally, although both Hart and Austin do not pay attention to moral foundations, it is not the case that morality has no place in the legal perspective of these two. Austin considers moral teachings to be a good interpreter for rules, and Hart considers moral standards to be the most appropriate for coding. https://www.jaml.ir/article_704019.html Islam has given great importance to calling and attracting people to the right religion, to the extent that one of the uses of obligatory zakat is to pay it to infidels. Because the first group of Muslims interacted with followers of other religions in various ways. In the present article, with a descriptive and analytical method and relying on the teachings of the Qur'an, he expresses the principles that govern relations with non-Muslims. The first principle is to call them to monotheism and the religion of Islam with the priority of using peaceful methods. One of the peaceful ways to invite unbelievers to Islam is to encourage them financially so that their hearts will be inclined towards Islam, which is referred to as the principle of "writing hearts".According to the breadth of the concept of Al-Moulefa Qolobeham, which includes Muslims and non-Muslims, although some have assigned it to non-Muslims. The results of this research show that Islam does not only look at the issue of material poverty; Rather, he also strongly focuses on spiritual and emotional poverty and considers even non-Muslims with his breadth of opinion. In the present article, the scope of the permissible use of zakat for the compilation of hearts is discussed. https://www.jaml.ir/article_705620.html Hardship occurs when the occurrence of events fundamentally changes the contract balance, either due to an increase in execution costs or due to a decrease in the exchange value that the party receives. In such cases, one of the three effects of hard slope, namely dissolution, termination and adjustment, is considered as a solution.Theory of infertility contract in the sense in which the event without the involvement of the parties, suddenly, after the conclusion of the contract occurs and conditions governing the contract to the time of conclusion of the significantly changed that as a result of these changes, enforcing contracts the purpose of the contract is impossible and in some cases destroyed.Force majeure theory, this means that after an incident of performance contracts to external, uncontrollable and unpredictable, is impossible. But the theory of hardship, this means that the event is unpredictable and out of control Emergency contractual obligations will be difficult. https://www.jaml.ir/article_708618.html Child marriage is one of the issues that has always been the focus of discussions and controversies among experts in various fields due to the special conditions of children and the possibility of harm to them. It has been a long time since experts blamed the legislator for implicitly encouraging the phenomenon of "child marriage" and not trying to reduce its scope. This article discusses the issue of minor marriage from two jurisprudential and legal perspectives. From the point of view of jurisprudence and, as a result, from the legal point of view, the cost in the discussion of child marriage is compliance with expediency. Considering the angles of the concept of expediency and emphasizing that expediency must be about the child, the legitimacy of many cases of child marriage is ambiguous and doubtful. In recent decades, the legislator has drastically reduced the age of marriage for children; Although later he slightly increased the minimum age. By inducing doubts about the extent of guardianship of legal guardians in allowing minors to marry, the present article has made suggestions to reduce child marriages, referring to the current laws. https://www.jaml.ir/article_710202.html ایفاء در اغلب موارد عمل حقوقی یکطرفه و نیاز به یک انشاء دارد و در مواردی هم عمل غیر حقوقی می باشد ولی تادیه موضوعی متفاوت با موضوع تعهد و دریافت آن توسط متعهدله ماهیتا ایفاء نیست بلکه یک عمل حقوقی دوطرفه، نیازمند به دو اراده و دارای ماهیت قراردادی می باشد و تحقق آن با تادیه موضوع جدید به متعهدله و دریافت آن توسط وی امکان پذیر است و شبیه به عقود عینی بوده و صرفا با تادیه موضوع جدید (قبض و اقباض) و بدون توافق قبلی محقق می شود. از طرفی هم یک عقد تبعی است چرا که به تبع قرارداد و تعهد قبلی بوجود می آید. از این جهت که به محض انعقاد، اجرا شده و خاتمه می یابد و تعهدی ایجاد نمی کند و برعکس تعهد را ساقط می کند و قابل فسخ و اقاله نبوده و نمی توان شرطی را در ضمن آن درج نمود به اقاله شباهت دارد. در این قرارداد توافق طرفین، انعقاد و اجرای قرارداد، سقوط تعهد قبل از اجرای آن و برائت ذمه متعهد همه در یک لحظه محقق می شود. قصد و رضا و اهلیت طرفین جزء ارکان اساسی آن است. دارای دو اثر می باشد به این صورت که هم موجب تملیک شده و هم مستقلا سبب سقوط تعهد را می باشد. صحت این عمل حقوقی مطابق اصل حاکمیت اراده، ماده 10 و 275 قانون مدنی بدست می آید. صرف ناین عمل حقوقی هیچ https://www.jaml.ir/article_710203.html Cities are crucial centers for economic, political, cultural, and social interactions. Therefore, urban management should make necessary and appropriate arrangements to respond to the growing demands of rapid social and cultural changes and the expansion of urbanization. This essay uses a descriptive-analytical method and library sources to explore how the principles and rules of jurisprudence can establish the foundations of urban jurisprudence. Additionally, it examines the guidelines found in the statements and letters of the Supreme Leader in this field. Researching the teachings of Sharia and the statements of the Supreme Leader reveals that construction and urban development in Islamic society should be based on three important jurisprudential principles: dignity (Kirāmah), justice (’Idālah), and non-harm (Lā Ḍarar). Issues such as environmental protection, security, and the moral, physical, and mental health of citizens should be the basis of action in urban management according to these rules.Researching the teachings of Sharia and the statements of the Supreme Leader reveals that construction and urban development in Islamic society should be based on three important jurisprudential principles: dignity (Kirāmah), justice (’Idālah), and non-harm (Lā Ḍarar). Issues such as environmental protection, security, and the moral, physical, and mental health of citizens should be the basis of action in urban management according to these rules. https://www.jaml.ir/article_710204.html Undoubtedly, skilled and skilled manpower organizes the basis of a country's economic progress; Therefore, managing and guiding manpower and providing their physical and mental health is of great importance to achieving macroeconomic goals. In this regard, the present article is designed to identify and analyze jurisprudential rules on the need to provide human resources health in the light of the teachings of Islamic law and Quranic foundations. It is worth noting that the present study is of qualitative type and is in terms of the method of implementation. Reflection in the religious education system as well as the jurisprudential writings of Imamiyyah shows that the Shari'ah of Islam, while honoring the value of work and human resources, in its teachings, recognizes numerous and varied rights in terms of material and spiritual health for this class. Is. It seems that the rules of the health of the workforce can be identified in the following three macro-jurisprudential rules: 1- The Qur'anic rule of the inherent dignity of human beings to which the dignity of human resources in various aspects, including health care, must to be observed 2. The rule of negation, whose root can be identified in the Qur'anic teachings, must be remedied by any factor that endangers the health of the labor force. 3. The rule of rituals, which, according to the provisions of that employer, must handle the damages caused to the health of the human resources. https://www.jaml.ir/article_710205.html In general, the environment is more and more understood and received as a common value of humanity; A value that is the duty of the entire international community to preserve and maintain, and in its applied rules, it deals mostly with the principles related to the common heritage of humanity. The ease of the possibility of severe damage to the natural environment to impose political behavior is considered as a real and current threat against nature. The serious lack of international regulations to criminalize terrorist acts against the environment has caused violations of biological and human security in the national and international environment. Such a gap in the international community can be partially resolved by drafting and approving a new treaty to define and criminalize such actions against the natural environment. Therefore, this article tries to increase the awareness of terrorist crimes against the environment, the lack of an international legal framework to suppress it by proposing an international legal framework in the form of an international convention and the possibility of placing it in the set of international anti-terrorist conventions of the United Nations. provide an alliance https://www.jaml.ir/article_710465.html Analysis of Suicide in Iran Law with Inquiry to the Laws of other Countries Abstract One of the problems that is extended with increasing growth rate of the population is suicide, that is, informed action for finishing his/her life, that different factors and reasons are effective on the different individual, social and psychological levels. All of science branches have addressed this issue. Criminal law, as one of the sub-branches of criminal science, should also considered this problem. But, despite being old of the problem, it is not seriously reflected in Iran rules, especially criminal rules. So, in this inquiry, we try to clear the problem that in fact, how good suicide is reflected in the rules of Iran and finally, consider the problem in the rules of other countries and see that suicide is not criminalized in Iran and in the rules of other countries, it is more considered that we addressed it in detailed in this writing. https://www.jaml.ir/article_710548.html In the 17th century, European countries resorted to the implementation of a registration system in the land and real estate system in order to maintain legal security in the transactions of the parties and encourage the public trust of individuals. Sometimes mistakes occur by the real estate registration system, which causes the loss of real estate ownership. England has recognized a special law to compensate for these registration losses, and considers the principle to prevent invalidation of registered ownership, even if it is wrong. So that there are no laws in this regard in Iranian law, and the government's responsibility is doubtful. Therefore, the aim of the following article is to investigate the government's responsibility for the mistakes of the real estate registration system in Iran and England by using the descriptive-analytical method, and it has clarified the strengths and weaknesses of the Iranian real estate registration system. Finally, this article concluded that the government's responsibility in this regard is based on the theory of guarantee, and for the government's civil responsibility, it is necessary to gather the three pillars of loss, harmful act and causation by real estate registration agents. https://www.jaml.ir/article_710549.html The issue of civil responsibility of the Damage agents includes the disruption of social order, the violation of civil rights, and the loss of life and money to the firemen and the public. Therefore, the realization of the civil liability of the perpetrators of the accident depends on the verification of its elements such as the occurrence of damage, the harmful act and the causal relationship between the two. Without fulfilling each of the aforementioned, responsibility cannot be imposed on them. In the event that it is not known which one of the perpetrators of the damage directly caused the damage to the fireman, due to the lack of verification of causation, the said officer will be deprived of receiving the damage. Based on this, the following article examines the general cause around the abstract science between Iranian and American laws with a descriptive-analytical method. With the analyzes in Iranian law, they set the rule of harmlessness and restorative justice in American law, so that the firemen claim their damages from the cause of the loss. Also, regarding the way of distribution and division of the responsibility of the Damage agents, the obtained results indicate that the responsibility in Iran's law is accepted equally, and in American law, the theory of impact is the criterion. With the result obtained, it can be stated that the theory is subject to justice and logic according to the principle of personal responsibility. Key words: pillars of civil responsibility, Damage agents, firemen, damage, fault https://www.jaml.ir/article_710552.html Arbitration is one of the most important and alternative ways of resolving disputes. Resolving legal disputes through arbitration has advantages over litigation, such as the speed of arbitration over litigation, as well as the consent and agreement of the parties to the arbitration, whether the agreement is in the contract or after the dispute. also, disputes related to intellectual property are also areas of arbitration, but in Iran, the study of the arbitrability of intellectual property claims is one of the objectives of this study. On the other hand, the subject of intellectual property rights as a specialized subject requires experience, knowledge and mastery of relevant international rules. However, the question of what claims in the field of intellectual property can enter the arbitration process, by examining the draft of the Comprehensive Arbitration Law and the executive policies of national measures related to industrial property adopted in 1392 and the WIPO Arbitration Center and arbitrators in the field of arbitration will be given Which shows the special attention to the arbitration of intellectual property claims and shows that the existence of a competent intellectual property court in Tehran does not negate arbitration and arbitration in the field of contracts of transfer and exploitation of intellectual property, ownership of unregistered trademarks may be possible. https://www.jaml.ir/article_710553.html Maturation is reaching an age of physical and sexual development both in boys and girls. There is no need for its explicit expression by the religious laws because it is more of a natural issue than a legal matter. However, religious laws propose a set of signs for facilitating its recognition. Quran refers to the start of menstruation, nocturnal emission and the emergence of sex organs. There are some religious stories drawing on verses from Quran that add age to the list too. Therefore, different viewpoints have emerged that adduce the popular doctrine that consider age 9 as the age of maturation and some others that argue that there is no mention of age in such verses and refer to the fact that maturation concerns development. Therefore, in our article, signs are divided into two groups, one that is individual signs like menstruation, nocturnal emission and emergence of sex organs and the second one that is typical sign of age. Then all of them are evaluated and the conclusion drawn signifies that no single criterion should be applied, that is, the difference in the emergence of individual signs cause a difference in maturation which must be evaluated using a typical sign and not solely the criterion of age https://www.jaml.ir/article_711328.html The use of "Electronic Monitoring System" which has been focused on the advancement and development of modern science and technology, was considered as a means of monitoring and protection of those sentenced to imprisonment. The purpose of the application and implementation of the electronic monitoring system is to help reduce the density of the incarcerated population and ultimately control criminal inflation. The existence of this system, as a guarantee of implementation, reduces the costs and avoids the distance of those sentenced to imprisonment from the society and protects their relationship in the social system and even prevents the situation from causing problems in their families. Having said that, for the first time in Iran's criminal law system, in Article 62 of the Islamic Penal Code, monitoring of those sentenced to penal servitude through electronic systems was established. This is despite the fact that in the Criminal Procedure Law, the legislator has established regulations regarding this type of supervision according to paragraph "C" of Article 217 and Articles 553 to 558. https://www.jaml.ir/article_711364.html Analysis of similarity in the implementation of retribution of the soul from the perspective of comparative jurisprudence Abstract How to punish premeditated murder is one of the issues that is done differently in different legal systems. In the Iranian legal system, retribution is the primary and main punishment in this case, but how it is implemented from the jurisprudential point of view is controversial. Most Sunni jurists believe in the possibility of observing similarity in performing retaliation, and in this regard, in addition to the narrations, they refer to the general rule of Retribution; In contrast, well-known Shiite jurists rule out the possibility of harassing the victim in retaliation despite the perpetrator committing such behavior. How to punish premeditated murder is one of the issues that is done differently in different legal systems. In the Iranian legal system, retribution is the primary and main punishment in this case, but how it is implemented from the jurisprudential point of view is controversial. Most Sunni jurists believe in the possibility of observing similarity in performing retaliation, and in this regard, in addition to the narrations, they refer to the general rule of Retribution; In contrast, well-known Shiite jurists rule out the possibility of harassing the victim in retaliation despite the perpetrator committing such behavior. This research descriptively and analytically examines the arguments of each of these two views and determines the autonomous promise. Keywords: retaliation, similarity, punishment, harassment https://www.jaml.ir/article_711974.html Undoubtedly, the glorious Islamic revolution marked a new discourse in the field of international relations. In the meantime, the leadership role of Imam Khomeini (RA) and his management, which undoubtedly originates from his jurisprudence-oriented dynamic view, is not hidden from anyone. The present article is a descriptive and analytical research and by referring to library sources, considering the importance of the discussion, while defining and identifying the two rules of dignity and justice, it analyzes the views of Imam Khomeini (RA) regarding urban development and providing housing for the masses. Is. It goes without saying that one of the important features of Iran's Islamic Revolution was the attention and support of the oppressed of the world. Imam Khomeini (RA) developed the discourse of weakness in opposition to arrogance. However, the existence of the element of faith in this class has given them increasing power and they will be the inheritors of the earth according to God's promise. From his point of view, the victory of the revolution is the result of the persistence of the oppressed against the tyranny and due to their efforts; Therefore, a lot of effort and attention should be paid to meet the needs of this group, including housing. https://www.jaml.ir/article_712262.html Faithfulness to the covenant is a most important moral value and a strong recommendation in the Islamic religion. adherence of society's members to their commitments and debts in a responsible manner is essential to upholding public order in the scope of transactions.However,there are situations when a debtor would engage in transactions to keep his property out of the hands of the creditor in an effort to avoid paying the obligation.In the interim,the best course of action for dealing with this behavior should be determined by the dispute between the principles of correctness and subordination, which on the one hand, support the owner in the transaction of his property.on the other hand, the obligation to reimburse,the prohibition of procrastination and the turpis causa should be determined.In addition, the necessity to defend public rights compels legislators to establish legal sanctions for this conduct.The study aims to measure the deterrence of legal,civil,and criminal sanctions,investigating the approach of Imami jurists and civil jurists towards such a transaction with an analytical-descriptive method;and the punishment determined in the law for it has been tested according to the theory of deterrence.Finally,different divisions were explained based on jurisprudential and legal presuppositions,and logical opinion was expressed.Regarding the punishment with the intention of escaping the debt,It was revealed that the legal flaws and The interpretation of the origin of religion connected to crime stated in the unanimous judgment of the General Board of the Supreme Court had diminished the deterrent of the penalty of this crime,in terms of the uncertainty. https://www.jaml.ir/article_712618.html Considering the importance of children and childbearing in Islamic sources, on preserving and respecting the rights of children and childbearing, before birth, rights of infancy, biological rights, educational rights, emotional rights, moral rights, psychological rights, social rights, natural rights and spiritual, financial and economic rights have been strongly recommended and ordered.In this regard, the present study examines the rights of children and childbearing in Islam and its implementation in the Iranian constitution and documents. In the shadow of this kind of attitude, the current research was done with a documentary method and using a descriptive-analytical method, which used a library method to collect data. The findings and results show that in Iran, despite the existence of scattered regulations on the issue of child support and childbearing in laws such as the Constitution, Islamic Penal Code, Civil Code, Family Protection Law, Law on Providing for Women and Unsupervised Children, and Law on Providing for Means and There are educational facilities for Iranian children and adolescents, but they do not have all the rights of children and childbearing that are stated in Islamic standards, and there are many gaps, and this is more evident in the Iranian constitution. Therefore, in Iran's documents and laws, children's rights should be given more attention in terms of material rights and spiritual rights based on the rights of children in Islam, so that we can help to realize the rights of children in a better way. https://www.jaml.ir/article_712718.html The subject of de-incarceration and the method of execution of imprisonment has been one of the important and challenging categories in the criminal policy of Iran's penal system, which has been brought up in Iran's judicial criminal policy in the implementation of imprisonment with the influence of the modern criminological views of the country. have been. How is it evaluated according to the guidelines, circulars and regulations of the judiciaryIn this regard, the judicial branch, in line with the policy of de-incarceration and reducing the criminal population of prisons, has compiled and issued different instructions, letters and regulations, which the legislator approved by reducing the punishment of penal servitude in this way. taken and accompanied by developments in the field of reducing the criminal population and easing the prison sentence which to some extent solved the problems related to the implementation of incarceration and de-incarceration and caused the reduction of the criminal population of prisons and promised the legislator's determination to implement this policy, although despite these positive measures, the implementation of this type of policy is accompanied by shortcomings and shortcomings. and it has not been as successful as it should be. This book has been written using analytical-descriptive method. The tool for collecting information in this study was in the form of a library. Key words: criminal policy, de-incarceration, de-prison, imprisonment, judicial policy https://www.jaml.ir/article_712993.html Given that man is a social being; For its growth in all aspects of life, it needs a connection with all its species. Therefore, the holy religion of Islam, which has adjusted its rules according to the texture and structure of human beings, has given great importance to this dimension of human existence. But in the meantime, it has set some rights and duties for Muslims and non-Muslims in communicating with each other; The present study has investigated these frameworks by descriptive-analytical method. And it can be said that from the point of view of Islam, there is no obstacle to the principle of communication between Muslims and non-Muslims. Rather, this connection is useful in promoting Islamic culture; But this relationship must be based on principles such as inherent human dignity and avoidance of domination and commitment to commitment and avoidance of betrayal, and non-Muslims are obliged to avoid all acts of sabotage during their stay in Islamic cities and protect the sanctity of Muslim social sanctities. ; In return, they should enjoy rights such as presence, freedom, security and enjoyment of support services in the Islamic society. Muslims are also obliged to obey the law in non-Muslim societies and to preach Islam while maintaining moral principles and good company. https://www.jaml.ir/article_712995.html According to Malcolm Gladwell, people can easily be deceived when dealing with strangers, people are not easily able to distinguish truth from lies, and those who think that someone's look or expression can tell the truth of their claims. They are very wrong. Nowadays, we see that people can hide the truth for various reasons and keep secret what is the reality, but in addition to lies, in our jurisprudence discussions, there is a debate called Toriyeh, which is controversial. There are many questions about the obligation or non-obligation of Turia. A new study from the Qur'anic, jurisprudential and psychological point of view on the category of tory and its importance in the judicial system and finally to use strong mechanisms in the judicial system and the performance of judges in order to reduce the effect of tory and create order and justice and increase public trust in the society is our ultimate goal It is in the upcoming research. https://www.jaml.ir/article_713096.html Research background: The most practical and successful means of training is training with a practical example and a live example. Purpose: To investigate the impact of educational models in the field of global resistance, especially in Gaza. Methodology: The achievement of this research is based on the description and analysis of the raised doubts and their investigation from an epistemological point of view. Findings: The root of Israel's malice towards women can be found in their superiority-seeking view in the Talmud, which says that a Jew has the right to usurp non-Jewish women, the result of this type of thinking is to acquire property in addition to killing and raping children and women. The biggest porn website in the world and the exploitation of many girls in sexual slavery and offering sexual content with children on these websites. Results: Because of her great efforts in Karbala, Hazrat Zainab, peace be upon her, has found a position in the sight of God Almighty that is indescribable to us. Today, the women of the Palestinian resistance have set Hazrat Zainab as their role model, and this modeling is through two important strategies: Patience and Hope of the women of Gaza, which causes the discredit of the West, and the presence of women in the scene, which causes the enemy to fear the female face of war. be https://www.jaml.ir/article_713533.html In this article, the concept, history and high importance of the endowment institution were discussed from the point of view of Sharia and law, and its benefits and effects in people's social life, jurisprudential and legal opinions about how to become the best competitors of waqf are stated. The research method is descriptive-analytical with a comparative approach and the means of collecting information are books of interpretations, theses and articles.. The results of the research show that the endowment can be considered as one of the financial supports in the economic and social sphere of the country. Following the jurisprudential books and articles, it shows that there are different legal and jurisprudential opinions regarding the improvement of competitors, which while paying attention to these issues and at the same time referring to the solutions of experts, these opinions can be brought closer to each other. In this article, the researcher tried to explain the sale or conversion to Ahsan by comparing the similarities and differences of jurisprudence and legal opinions and citing rational arguments.. The summary of jurisprudential opinions shows that if the survival of the endowment is useful and necessary, according to all the jurists, no one has the right to interfere in the "ain", but if the survival of the endowment is harmful or not useful, all According to the themes of the hadiths and the ruling of reason, they consider it permissible to sell and transform it into a better one. https://www.jaml.ir/article_713562.html The international community, which faced the phenomenon of terrorist crimes in the second half of the 20th century, responded by accepting a set of international and even regional conventions, in response to specific types of terrorist crimes and the commitment of governments. The international community has not been able to agree on a single legal definition; Of course, terrorist crime is an action that is not limited to rights, but has social, cultural, ideological, economic and most importantly political dimensions. Terrorist crimes as an organized crime, the dominant phenomenon of the present age, despite its universality and threatening and negative nature, still does not have a clear and uniform definition in the world community. While the tools of globalization have provided the necessary facilities for the universalization of terrorist crimes, the fight against terrorist crimes remains limited to national borders, which seems to be the main and primary cause of the inability to reach an international consensus on a single definition of terrorist crimes. Therefore, according to the opinions of experts, factors such as extensive historical transformations, ideological changes and finally progress in science and technology cause the emergence and growing grounds of terrorist crimes. https://www.jaml.ir/article_714030.html Weak mental retardation due to weakness of will and lack of focus on various issues has more in common with idiocy expressed in the view of jurists and jurists, and they are among the examples of idiocy. At the same time, the weak will of mentally retarded people is not limited to financial matters, and they do not have enough growth in non-financial matters, and they have a wider stone than the stupid, so they should be supported in the form of a special type of recluses. In fact, these people are also minors. Even though severe mental retardation are not called insane mystics, but according to their lack of permanent intention and will, they are equal to insane according to the legal principles and regulations. The legislator in Article 91 of the Islamic Penal Code approved in 2012 regarding the application of maximum punishment Or retribution on adults under the age of eighteen, implicitly, it is necessary to determine the criminal growth of the perpetrator, which has caused a difference among doctors and judicial procedures, and it is not clear that upon reaching the age of puberty, the principle is based on the criminal growth, or The principle of non-penal growth? Penal growth means reaching the age when a person has the ability to discern and fully recognize the good and bad of actions and understand the Shariah and legal prohibitions. The criterion of criminal responsibility is the age of maturity and the absence of insanity and stupidity. This article tries to deal with the comprehensive definition and hindrance and examine the status of insane, stupid, and rashidjezai people and how to diagnose them in forensic medicine. This article uses Descriptive, analytical and library methods have been compiled. https://www.jaml.ir/article_714348.html This article examines the rule of urgency and its effect on secondary rulings, civil and criminal law through documents such as the Qur'an, Sunnah, common sense, consensus, and secondary rulings. The article analyzes the concept of emergency rule from the point of view of legal documents and examines the influence of Quran and Sunnah in the formation and process of this rule. Also, it analyzes the secondary rulings by observing the conditions and descriptions, and in exceptional circumstances, it offers the possibility of ignoring the primary ruling and canceling it. A look at the interpretation of secondary rulings by jurists such as Imam Khomeini has also been taken, and the relationship between secondary and primary rulings has been discussed and investigated separately by analyzing the reasons for each ruling. By using library, internet and descriptive and analytical methods, the article compares the documentation of emergency rule and its relationship with secondary rulings and presents improved results in better understanding of this rule and its applications in the field of civil and criminal law. https://www.jaml.ir/article_714349.html Victimization of children and adolescents is a factor whose various aspects and effects in criminology and criminal law have always been the subject of special studies and regulations. Because children are more vulnerable to both delinquency and victimization than adults. That is why. that according to clinical criminology, even delinquent children are placed in special authorities and according to the special procedure of trial and the subject of protective and educational measures in the correction and education center, and therefore the mission of penal law is to protect and protect delinquent and delinquent children and adolescents in It is equal to the repetition of the crime and the repetition of the victimization. The modern knowledge of child criminology tries to, in addition to emphasizing the duty of the society, in order to try to maintain the safety of the children of the society, especially the vulnerable children, working children, refugees, rural and disabled children, etc. in order to use techniques and strategies to prevent the victimization of children in front of potential adult criminals to be safe from victimization. Protection of children against criminals does not lead only to victimized children, but includes children who are criminals. Because child delinquency can be Dlead to his victimization and it is difficult to distinguish the border between the two. For this reason and due to the importance of the topic in this research, we intend to examine and identify the types of prevention of child and adolescent victimization in Iran's penal system https://www.jaml.ir/article_714804.html One of the problems that banks are facing is the problem of bank arrears. In recent years, due to the delay of the bank debtors in repaying the banks' resources and the accumulation of interest and fines, sometimes their debt was several times the original amount, therefore, by passing the law on facilitating the settlement of the debtors' debts of the country's banking network, the members of the parliament prohibited the receipt of compound interest, which Paying attention to the opposition of the Guardian Council was finally implemented with the approval of the Expediency Council, so it seems necessary to examine the arguments of the Guardian Council in rejecting this law. In this research, the necessary documents are collected by examining jurisprudence and legal books, and by referring to books and articles about bank fines, the proofs of the permissibility of compound interest are explained with a descriptive and analytical method. In this article, the evidences of each of those who believe that compound interest is permissible and the evidence of those who believe that it is not permissible have been examined, and Mukhtar's theory is that it is legal to receive damages for late payment based on legal rules such as the no-harm rule and the rule of conditions. Also, receiving compound interest is unimpeded according to the general rule of conditions. From the legal point of view, it is permissible to receive a fine for delay based on Articles 10 and 230 of the Civil Code. Also, there... https://www.jaml.ir/article_714917.html Abstract The sighting of the crescent is one of the most important topics that Islamic jurists are looking for. Many legal rulings such as: fasting, Hajj, increasing the blood money in the forbidden months, etc. depend on the sighting of the crescent. Our goal in this article is to search for the ruling of the ruler in proving the sighting of the crescent. Undoubtedly, the disagreement that has emerged in recent years with regard to announcing the beginning of the lunar months is due to the difference in the premises of the jurists. This is inevitable in the age of occultation. The main question here is whether the sighting of the crescent is proven by the ruling of the ruler. This article attempts to address this issue with a descriptive and analytical approach, based on the fatwas of the Imamiyyah jurists and the opinions of the jurists of the four schools of thought. After examination and research, it became clear that the famous Imami jurists went to the establishment of the crescent by the ruling of the ruler, and some of the ancients and contemporaries disagreed with them. And the jurists of the four madhhabs are of the view that witnessing the sighting of the crescent is from the matter of news, but if the ruling is issued to establish the crescent, it is obligatory for every person to fast, and the Sunnis agreed on this matter, except for the jurists of Shafi’i. https://www.jaml.ir/article_714927.html Bailiffs play their role as executive agents of the judicial system and have a significant impact on achieving criminal justice and bringing the criminal system closer to the ideals of justice and efficiency. Justice officers are of particular importance due to the sensitive duties assigned to them. For this reason, the legislator has addressed the issue of bailiffs and their duties during the preliminary discussions of the law of procedure of public and revolutionary courts as well as the new law of criminal procedure. By separating the crimes into visible and invisible and considering the importance of the crime scene in visible crimes and stating the special features of invisible crimes, the legislator has granted relatively broad powers to the officers in dealing with crimes, in order to identify the criminals and accordingly It should be done to create public security in the community, because it is necessary to deal with those who violate the rights of individuals and society, to have the authority to deal with them. The duties and powers of the judicial officers are considered in intangible crimes. Intangible crimes, unlike visible crimes, are crimes that have passed a conventional period of time since they occurred, and the law enforcement officers were not there at the time of the crime, and the collection of evidence requires further research and investigation. https://www.jaml.ir/article_715123.html One of the issues of remarkable importance in the field of family rights is the permit or impermissibility of transferring the right to divorce and divorce waiver. In juridical teachings, the right to divorce is allocated to the husband and the wife plays no role .This brings up the question of the permit or impermissibility of transferring the right to divorce and divorce waiver. Jurists have different views on this issue. On the other hand, there’s no rule concerning this problem in the legal systems of Iran and Egypt. Since these two systems are based on the teachings of Shiite and public jurisprudence, one must notice the difference between them considering the permit or impermissibility of transferring the right to divorce and divorce waiver. Therefore, this thesis tries to study the concept and nature of divorce as well as the legal cases of the wife’s permit to divorce and the permit or impermissibility of transferring the right to divorce and divorce waiver to the wife that have not been studied so far. Comparative study of this issue shows that in both Iran and Egypt legal systems the right to divorce and divorce waiver is not transferable to the wife. https://www.jaml.ir/article_715298.html The contract is the law of the parties. A law that cannot be reversed in principle and the parties are not allowed to change its provisions unilaterally. It is only their joint will that can be the cause of change and evolution in the terms of the contract at the time of concluding the contract or during its execution, which is also the authority arising from the sovereignty of their will. Despite the acceptance of the principle of the necessity of contracts in all legal systems and the need to respect the terms of the agreement of the parties, the impact of social and economic events on the contract between the conclusion and execution of the contract is undeniable. In fact, the parties to the contract take into account the foreseeable circumstances and enter into the contract. This statement is considered and reasonable for normal circumstances, but the occurrence of events that make the execution of the contract impossible, according to the laws of different countries, including Iran, exempts the obligee from fulfilling the obligation. Contract adjustment is a method according to which the parties apply to the contract when the circumstances and conditions of the society change to prevent unusual losses, in other wor a fundamental change in the prevailing conditions that causes difficulty in The results show that the adjustment of the contract in the event of a fundamental change in the economic conditions of the contract is actually the expression of the terms of the agreement of the parties to maintain the economic balance of the contract, and therefore the adjustment is not different from the interpretation of the contract and the discovery of the terms of agreement in the changed conditions, rather than the scope of the arbitrators' jurisdiction. be outside https://www.jaml.ir/article_715331.html Due to the secrecy and widespread criminal applications of Haarp technology, the criminal policy of governments in this regard has remained silent and has not been criminalized, but because these applications are more in line with the complete violation of human rights, accordingly criminalization. It will be of great importance to human societies. One of the ways in which governments can criminalize these practices is by invoking the rules of jurisprudence. The main purpose of this article is to investigate the criminalization of criminal applications of Haarp technology with reference to the rules of jurisprudence. The research method in this paper is descriptive and analytical and the data collection is library. The findings of the study indicate that criminalizing Haarp's criminal activities is the best way to prevent it, and because the holy Shari'a of Islam has rules and regulations for all actions, the legislature can rely on those rules to To criminalize it. The rules of no harm and no harm in Islam, negation of the mustache and rule of obligation to repel possible harm as the most important jurisprudential rules, can help governments to criminalize the criminal activities of this technology. https://www.jaml.ir/article_715332.html After the glorious victory of the Islamic Revolution, the resentment and enmity of the Western rulers increased and they resorted to various methods to overthrow the Islamic Republic of Iran and, failing their plans, finally turned to the policy of population reduction. For this purpose, they embraced the emerging technology of Haarp and used its secret applications for this purpose. In addition to confronting the enemy's plans, the jihad of explanation is considered as a way to increase the generation. The main purpose of this article is to investigate the explanation jihad as a strategy to counter the population reduction policy caused by Haarp technology and the research method in this paper is descriptive, analytical and data collection in the form of fish capture. The research method is qualitative and the research findings indicate that in addition to confronting the population reduction policy caused by Haarp technology and thwarting the enemy's plans, the explanation jihad can also be effective in increasing the generation. https://www.jaml.ir/article_715582.html Introduction: One of the most effective measures in the law on the youth of the population is answering the common doubts in the field of the youth of the population. Purpose: This article aims to answer one of the most common doubts raised in the field of youth, after explaining the role and position of jihad and its dimensions through Quranic principles, it seeks to strengthen this hypothesis that children are not an obstacle in the progress and fulfilling the responsibilities of parents. Methodology: First, the doubt was calculated using the analytical-descriptive method, and then the answer was examined from the perspective of the Holy Quran and the opinions of experts using the ground theory method, and the importance of the role of Jihad was explained. Findings: According to the data obtained from the Qur'an, three important categories have been extracted in response to the aforementioned doubt, the value of the category of having children for women and the impact of having children on the productivity of most parents, even working mothers, were among the main categories that were considered as causal conditions and The shaper of the causal conditions has influenced the central phenomenon and led to its emergence. Results: The Almighty God sees children, along with wealth, as a means of happiness and beauty and an important capital for life, which of course is necessary to be placed on the path of divine worship and is also a desirable thing in creating motivation and happiness in parents so that they play important roles such as Being a prophet, accompanying his wife and children is not only not considered a hindrance, but even the blessings of accompanying women and families in Arbaeen are also necessary in order to eliminate the Maand culture. https://www.jaml.ir/article_716098.html Electronic signature plays a key role in the validity of electronic evidence and provides elements such as assigning the document to the issuer, his identity and the integrity of the document. There are different types of electronic signature including simple, biometric and cryptography based with different levels of security. The probative value of a signature depends on the technology and its ability to authenticate the document. Electronic evidence has unique features such as the possibility of being different from the printed version, the possible existence of hidden information, and the uncertainty of attribution to the author. For citation, the author's identity and credibility, including the originality and completeness of the proof, must be verified, which secure electronic signatures and cryptography guarantee. Acceptance of such evidence in court requires ensuring authenticity and integrity through electronic signature and encryption. The collection of these evidences is done in various ways, including access service providers, inspection and seizure of computer systems, and wiretapping of communications, which makes it necessary to respect privacy. Laws such as Iran's e-commerce law have specified the conditions and limitations of accepting electronic evidence, which we will examine in this research using a descriptive and analytical method. https://www.jaml.ir/article_716099.html This article deals with the comparative analysis of criminal justice with similar concepts in Iranian law, which is significant in two ways. First, criminal justice plays a fundamental role in promoting legal and social security; Because based on the principles of justice, judicial decisions must be made in order to realize justice and legal security of individuals. Secondly, in the context of international law, criminal justice is essential to maintain the principles and independence of laws, which plays a significant role in international interactions and international relations. In other words, this research not only explains the importance of criminal justice in Iran's legal system, but also emphasizes that the connection and coordination of this concept with international legal principles is essential and essential. The purpose of this research is not only to explain the importance of criminal justice in Iran's legal system, but also to examine how this concept can help improve the country's judicial processes and promote the independence and legal security of Iranian citizens. Emphasizing the connection and adaptation of this concept with international legal standards, this research provides suggestions for improving judicial policies and processes in Iran. https://www.jaml.ir/article_716101.html Abstract The professional duty of physicians is the diagnosis, treatment of diseases, and efforts to preserve people's health. Properly fulfilling the professional duty is not possible without considering their special rights. The social status of physicians in terms of their profession will also entail responsibilities towards the community and patients. In this article, the discussion of the physicians's rights over the patient will be discussed based on the social status of physicians, and with a new Perspective its jurisprudential foundations with regard to the change of social relations. The study method of this article is descriptive and analytical, and it analyzes the legal, jurisprudential, and ethical aspects of the physician's rights over the patient using library data. The result of this study, after discussing the position of medicine as a presupposition of the cognitive subject and corresponding rights, is that the financial relationship between the doctor and the patient is a new economic and binding contract. And according to the special conditions in risky treatments, special conditions must be taken into account for physicians, from a Law and jurisprudential point of view. https://www.jaml.ir/article_716102.html New approaches to the category of security and focusing on its creation and reproduction in the society, the need to increase the interaction of the police with the people of the society, communication with the guardians, governors and policymakers of prevention in order to attract social participation, cooperation and coordination in providing and improving the level of security, is inevitable. has done For this reason, police policies and strategies in improving security have evolved over time. This research, which was carried out in a descriptive-analytical way, shows the role of the police in improving social security and the mechanisms that can be used in addition to the development of community-oriented police, using written programs and taking advantage of the existing potentials and increasing the capacities of the neighborhoods. expand public interaction and participation with other institutions, the police will be able to provide grounds for increasing public surveillance in the society and, as a result, improve the sense of social security. If they cooperate with each other, the quality of life in the society will be improved and security will be strengthened. This approach is based on the belief that the police and the community together can do things that they would not be able to do alone. The main achievement of the police in this approach is increasing the peace satisfaction of citizens and creating a sense of security in the society, https://www.jaml.ir/article_716103.html In modern business, traditional concepts and tools do not have the efficiency of the past, and legal and commercial systems respond to the needs and necessities of businessmen and businessmen in order to provide appropriate solutions and tools to advance the business goals of individuals. Revolving letter of credit refers to a credit that the issuing bank undertakes to provide the deficit amount and charge it whenever an amount of credit is used during the LC credit period, without this requiring an amendment to be LC This payment method has two major advantages. First, the letter of credit does not need to be renewed for each transaction during the specific period discussed by the parties. Second, it facilitates frequent business. Trade facilitation refers to policies that reduce export and import costs, and the main goal is actually to apply preventive policies. Investigating how the revolving letter of credit payment method works and the principles governing it is the subject of this article. https://www.jaml.ir/article_716104.html The Civil Code of Iran contains the principle of relativity of contracts in Article 231, which indicates that the contract concluded between persons is effective only for its contracting parties and does not affect others, except for Article 196, which refers to the obligation for the benefit of a third party. The title mentions an exception to this rule. The contracts that are concluded may have been dissolved for some reason and this contract dissolution has affected the rights of the contracting parties and third parties. The condition is subject to the contract that is included in it, therefore, with the termination of the basic contract, its conditions are also invalid. The results of this research show that with the confirmation and announcement of the termination ofthe basic contract, the obligations in it, including the obligations made for the benefit of the third party, will be null and void, and no effects and rights will be lost not only for the third party but also for The parties to the said contract do not realize it either. The authority of the third party is limited to requesting the fulfillment of the obligation bythe obligee and he only has the right to demand the obligation to fulfill the obligation because his will was not involved in the formation of the contract and he does not have the right to terminate it, but he can conditionally help in the direction of help. Ask him to compel the obligee to fulfill the obligation. https://www.jaml.ir/article_716105.html According to the scholars of administrative law, the government as a legal entity is the source of two types of acts, which are interpreted as acts of governance and acts of tenure. The difference between the exercise of sovereignty and tenure is that the exercise of sovereignty and the resulting losses will not result in responsibility, and also in terms of the jurisdiction of the authority handling government claims in some countries, it has been a competent authority apart from the authority of tenure. Dividing government actions into governance actions and tenure actions has had a significant impact on Iran's legal system, especially in the field of administrative law. According to the historical and political reasons, the development of the theory of the division of government actions into sovereignty and occupation was in France, the most important and major result of this separation was the justification of the civil responsibility of the government and the separation of appropriate judicial and administrative authorities to deal with government actions that The non-governmental actions that were introduced in the administrative law of Iran by quoting from the law of France, in recent years, the aforementioned theory has been abandoned to the extent of attention in France and is practically not cited, but in Iran's legal system, especially in the context of Civil liability of the government is still used and can be invoked. https://www.jaml.ir/article_716106.html Today, considering the risks of investing in huge and expensive projects, especially in countries with little technology, the "EPC" or turnkey contract has presented itself as a standard, attractive and targeted contract in the field of large investments. The following article deals with the analysis and analysis of the adjustment percentage of the contractor's obligations in the engineering, equipment supply and construction contracts, known as EPC, using the analytical and descriptive method. According to the findings of the design and construction and engineering contracts research, the supply of equipment is one of the two-factor contracting contracts, the most important feature of which is the one-dimensional and unilateral responsibility of the contractor. He assumes all possible damages and defects of the project. Although some consider this type of contract to be different from the turnkey contract, it must be stated that most authors do not distinguish between these two contracts. These types of contracts are two-factor contracts, in other words, it is a special form of turnkey contracts in which the employer or his consultants will only be involved in the bidding process and high supervision of the contractor's work. Among the contractual measures to manage the price risk in the EPC contract, using the conditional amount method, the currency-Rial cost method, paying attention to the effect of payment mechanisms on the time and costs of the project https://www.jaml.ir/article_716107.html right means dominion and authority, and wealth refers to something that traditionally has economic value. The right that gives the financial holder the possibility of expropriation and any type of legitimate possession is called the right of ownership. This right is the most important and complete objective right. In many different societies, property is considered a sacred right, and also in Islam, the private property of individuals has a high value, and the position and authority of the mentioned right is mentioned in several verses of the Holy Quran. Since ownership in different societies and legal systems is of great and undeniable importance, that is why the limits and effects of it have continued to be debated and disputed. The benefit from the same property is obtained gradually, for this reason, some jurists believe that in leasing, possession of the benefit is not necessary and the full possession of the tenant is a condition. Some other jurists consider it a condition to give the tenant's consent for usufruct, that according to the examination and understanding of the basics, we come to the conclusion that during the contract, the future benefit should be assumed in the existing order. https://www.jaml.ir/article_716108.html Abstract: Copyright is one of the most common types of literary and artistic property rights that is recognized in international conventions and domestic legal documents. Violation of this right is considered scientific and literary plagiarism. In the domestic legal system, this right is guaranteed in the Law for the Protection of Authors' Rights, law of combating scientific fraud, draft of comprehensive bill of intellectual property rights, and draft of protection of private data in cyberspace. In international conventions, the oldest document in this field is the Berne Convention, which has been revised several times. In addition, the TRIPS Agreement of the World Trade Organization, and the Nice Agreement have rules guaranteeing the protection of copyright, and they are against scientific plagiarism. There are significant differences between the international conventions system and the Iran’s legal system in the field of copyright protection and plagiarism which are included: first, in relation to copyright the principle of national behavior and the principle of the full state have not been respected in Iran, and between Iranian authors and foreign authors, a kind of discriminatory view has been formed. Meanwhile, one Berne Convention as the main related international convention emphasis on this issue. Second, despite the emphasis of international conventions, in the field of copyright violations, Differential procedure is not observed in Iran's legal system. https://www.jaml.ir/article_716109.html Abstract Today, the issue of Islamic unity in the country is very important in terms of national security and also in the criminal justice system. Because the realization or non-realization of this component can have positive or negative effects for internal or external security. Therefore, in the current research, which is a qualitative research, descriptive-analytical, and library-based, the effects of supporting the element of Islamic unity in the discourse of the Islamic Republic of Iran system from the point of view of national security can be attributed to the complete freedom of Islamic religions and sects. allowed in the constitution in religious ceremonies and personal situations; Naming the days of Unity Week and Quds Day; Establishment of the World Assembly of Approximation of Islamic Religions; It is a sin and haram Sharia to consider any speech or behavior that causes discord and division among Muslims (according to the fatwa of Imam Khomeini (RA) and the Supreme Leader (Imam khamenei)); And from the point of view of the penal system, he pointed out the criminalization of the crimes of "Sab al-Nabi", "insulting Islamic holy things", "insulting Islamic religions or sects" and "propaganda against the system or in favor of groups opposed to the system". https://www.jaml.ir/article_716110.html The construction industry has great criminal potential. In some cases, the crimes committed in the construction industry are formed by government behaviors or policies, and their occurrence is practically impossible without the direct or indirect intervention of the government, public institutions, and sovereign decision-makers. This article has been compiled using the descriptive-analytical research method and using library sources, and with the approach of state-corporate crimes, it examines the emergence and impact of "criminal industrial structures" in the construction industry in connection with the decisions and interventions of the government. which is vital for the development of critical criminology discourse. And it can provide a clear framework for identifying the causes of crime and criminal policies in dealing with state-corporate crimes. Finally, it became clear that what drives the government to a criminal coexistence with the private sector is the diminution of the executive position of governments in economic and social relations, because today governments mostly play the role of supervisors and definers of processes, and it is the private sector that responds to economic needs. The society responds and the government expediency requires the government to take steps in line with the private sector. https://www.jaml.ir/article_716112.html Warranty in the economic system has the advantage that manufacturers increase the quality of the supplied goods in order to reduce the costs caused by the responsibility for product defects, which will benefit the rights of buyers and consumers. The following article tries to explain and analyze the nature, types, conditions and legal effects of the warranty condition from the point of view of jurisprudence and law by using the analytical and descriptive method based on library data. The results of the research indicate that the contractual guarantee is additional, contractual, not possessive, separate, not suspended, secondary, not main, continuous, not the one that is usually compensated, and as a modern legal institution, it has a protective role compared to the defect cucumber. It does more to protect consumers. It is necessary to monitor the contracts of products with warranty by the executive and legislature, because on the one hand, the guarantees, which are often presented in a deceptive manner and appear to bring more benefits to the buyers, may replace the additional and mandatory terms of the contract. Instead of the general rules of responsibility, it harms the legal rights of the buyers, and on the other hand, the manufacturer, in order to attract more customers, provides guarantees that he does not intend to fulfill the obligations arising from them. https://www.jaml.ir/article_716113.html Iran's legal system has adopted a dual position in establishing and implementing criminal laws; Islam has precisely predicted an important part of crimes and determined their punishment in terms of type, quality, and quantity, but another part could not be precisely determined because it was very volatile and they could not be legislated based on Shariah and jurisprudence sources. The constitution has identified authentic Islamic sources and fatwas as the referable authority of judges. Based on its nature and method, this research is among descriptive and analytical research. In today's societies, new topics and issues have become the subject of criminalization, punishments and basically a set of criminal laws that require compliance with Shari'a and jurisprudence standards in a new approach that fits the requirements of the time. In the end, it should be said that the change and development in the issues and issues of the day from the perspective of jurisprudence, requires platforms where rulings can be changed in the form of these platforms; Platforms within the religion that are the basis for the transformation and compatibility of Sharia rules with the intellectual and cultural requirements of the inherently evolving human being. https://www.jaml.ir/article_716114.html The wife's consent is in the husband's submission and enjoyment of her, although in western legal systems, having a sexual relationship is included and the husband is not allowed to have sex without the request and consent of his legal wife, and if the wife is forced to have sex under Sexual violence and rape will be criminalized; However, in the Islamic legal system, the opinion of the famous jurists is that the wife is obliged to submit sexually to her husband, but this does not mean that the freedom of enjoyment granted to the husband by the Holy Sharia, and obliging the wife to submit to it, is unconditional. And it is absolute and the husband is allowed to have sexual relations with his wife by using violence and committing crimes.Rather, from the point of view of judicial jurisprudence, not only this act is forbidden, but it will also bring legal and civil liability. In addition, jurisprudential principles and rules, such as the rule of harm, the negation of hardship and harm, and the principle of good company, are binding on the above-mentioned Shariah obfuscation. Although the consent of the wife to accept and accept the committed acts and crimes during sexual intercourse, although it does not remove the sanctity of the crimes, it will definitely remove the warranty resulting from the committed criminal behaviors and will remove the criminal liability. https://www.jaml.ir/article_716116.html Abstract: one of the most important aspects of the law of contract law is the subject of Exclusion or exemption clause. regarding the nature of the clause exemption in England law, two or more defensive or descriptive perspectives have been proposed. regarding the philosophical and interpretation of these conditions, it is necessary to observe, first, the exceptions of the principle of freedom of will in England law on the basis of supporting the weaker side of the contract, and secondly, what schools and approaches are the way to interpret the exemption clause. most of the schools of this field have the approach of protecting consumer rights and are the schools of formalism, realism, free market and the Consumer right. furthermore, the interpretation rules are the rule of the original intent and Contra Proferntem and the main function of these conditions is the allocation of contract risk and the liability distribution on the other hand, there are several controlling tools on the exemptions clause that limit the scope, scope and effect of these conditions. in fact, it is necessary to observe the mechanisms and works of the England law to supervise the clauses that in this regard, the beliefs of doctrine thinkers and laws are studied. the doctrine of fundamental breach and the misrepresentation of the most important theoretical control instruments, as well as the act of unfair contract terms, are legal instruments in order to control these conditions. https://www.jaml.ir/article_716117.html In order to realize values such as the rule of law, protection of the rights and freedoms of individuals, arrangements and guarantees are made in the legal system to ensure the independence of their activities. Ensuring independence and the existence of guarantees for their activities will also lead to the progress of the society. Guaranteeing the independence of lawyers' activities, in addition to raising the dignity of lawyers, also brings the trust of the people, which requires lawyers to take action to implement justice by relying on those guarantees and people's trust. In addition to explaining the necessity of the independence of lawyers in matters related to the legal profession, this article has tried to examine the guarantees that this law provides for the activities of lawyers by examining the constitution. The results of this research show that the activity of lawyers is guaranteed in various aspects in the constitution. Among the guarantees that the constitution considers for the activities of lawyers, it is possible to mention freedom of speech, freedom of gatherings, freedom of association and guaranteeing their job security, which are considered the strengths of the constitution in this field. The forward writing research method is practical in terms of goals and descriptive and analytical in nature using library method. https://www.jaml.ir/article_716118.html The idea of the nature of the relationship between the creator and the intellectual phenomenon and the nature of their legal effects is one of the important topics among the intellectual property issues. In this article, while explaining the nature of the right of ownership of intellectual works, different points of view have been examined. This investigation is done from two legal and jurisprudential perspectives and the explanation of this relationship can be investigated in two ways. First, the general examination of the relationship, in the sense of how intellectual property is placed under the right, and the second stage is the examination of the specific legal title that is applied to this relationship. To analyze the content, first the words of right and property, which express the relationship between a person and someone or something, have been examined, and then the relationship between the creator and the intellectual phenomenon. According to the findings of the research regarding the nature of the relationship between the creator and the intellectual phenomenon, based on jurisprudence, the holy law considers ownership as the right to benefit from the object and its exchange, and the legislator has in a way approved this point of view. https://www.jaml.ir/article_716119.html Islamic penal code (IPC) in 1392 has new approach to Iranian penal policy and has made a massive transformation with regard to crime and punishment through predicting new penal standards. One of these new approaches to penal policy are article 115 and 220 of IPC which predict the judge options in referring to patent resources in authorized religious offenses and thus bring some ambiguity in the principle of interpreted in favor of accused person with regard to the principle of legality of crime and punishment. Because in several cases although possessing the Hudud Diyyat to either enter or accept to authorized religious offenses, jurist rejected to do so or they have accepted very limited cases. Authorized religious punishment in Iranian penal policy owns a position similar to that of Hudud and in some cases Iranian penal policy has accepted and referred to these crimes related to Hudud, yet the law giver has given the authority to the judges to explain and determine the provided punishment in juridical sources about some crime through searching in patent resources and using their knowledge, and sentence the accused. This penal policy in Iran’s legal system is not protected by the similar legislative and administrative history and most of authorized religious offenses are in a way that Imams determine the kind of the offense, punishment and the extent of it and some jurists have consensus about it in their juridical books and resources. analytical-descriptive study. Keywords: penal policy, punishment, sanctions, authorized religious offenses, juridical grounds https://www.jaml.ir/article_716120.html "Nahleh" is one of the financial rights that has been provided for the wife in Imami jurisprudence and subsequently in Iranian law. This institution was recognized by the legislator in 1992 in order to provide financial support to the wife and to achieve more justice for women in paragraph (b) of Note 6 of the Law on Amending Divorce Regulations, which can be defined in a short and useful definition. He considered the payment of a sum by the husband to the wife at the time of the divorce. In the latest developments in the field of family law, the legislature in 2012 repealed the law amending the provisions related to divorce. Nevertheless, the institution of "Nahleh" is considered an exception to this version, and as a result, the legislature has still upheld its provisions. Given these developments in the legislative process of this protectionist institution and the ambiguities and conflicts that have occurred in the concept of Nahla in the jurisprudence, the present article intends to respond to the contradictions in the jurisprudence and provide suggestions in this regard. The results of the research also show that Nahleh is a suitable institution for financial support of the wife; However, due to the uncertainty of its position and basis, especially in the judicial procedure, it does not have the necessary function as it should. https://www.jaml.ir/article_716121.html نوع تعامل هر دولت با سایر ادیان و مذاهب موجود، مبین نسبت آن حکومت با مردم و حقوق بشر است. از این رو همواره در کنار تعیین مذهب رسمی کشور، حقوق اقلیتهای دینی و مذهبی و نیز امکان جریان قواعد مذهبی غیررسمی در دعاوی مطروح تحت عنوان تراکم‌گرایی حقوقی نیز محل تضارب آراء بوده است. یکی از بحثهایی که در زمان تدوین قانون اساسی ایران نیز مد نظر قرار گرفته، تعیین دین رسمی کشور و در کنار آن حقوق سایر ادیان بوده است. ماده واحده مصوب تیرماه 1312، دادگاه‌ها را مکلف کرده است که در مورد احوال شخصیه ایرانیان غیرشیعه قواعد و عادات مذهب آنان را اجرا نمایند، اما قانون مذکور در سه دسته از روابط در باب تعارض حقوق قابل بررسی است. در این پژوهش که به روش اسنادی و با استفاده از روش توصیفی- تحلیلی انجام شده، به بررسی حل تعارض روابط مذکور پرداخته شده است.قانون حاکم بر احوال شخصیه‌ی طرفین غیرشیعه مشروط به عدم مخالفت با نظم عمومی، تنظیم بر اساس مصلحت و لزوم رجوع به قانون مدنی در موارد اختلافی و غیرمسلم قابل اجرا خواهد بود، همچنین اصل در احوال شخصیه‌ی طرفین شیعه و غیرشیعه با استناد به قاعده الزام، نظریات مشورتی متعدد از قوه قضائیه و میثاق بین المللی حقوق مدنی و سیاسی، احترام به حقوق اقلیت‌ها است که در موارد تردید باید به این اصل رجوع شود. در مورد قانون حاکم بر احوال شخصیه‌ی طرفین شیعه و مدعی شیعه در باب تعارض حقوق نیز پس از احراز دین مدعی، حکم مقتضی صادر خواهد گردید. https://www.jaml.ir/article_716122.html Changes to contracts occur when they cannot be considered under general and pervasive requirements such as disease, in the meantime the identification of these issues becomes purely technical, which defines the political nature of the contract for the parties, although this Purely technical issues are implicit and hidden phenomena in the contract, but identifying them can be important for the parties to the contract due to the weakness of the legal contracts and their knowledge will prevent future damage to the parties to the contract, or their readiness to influence policies. Arise from legal contracts. The aim of this study is to identify a new range of issues related to contract law, examining purely technical issues in contract law that are affected by contract policies, which is a new exploration of the political and non-political nature of commercial contracts. Has dealt with an unpredictable difference. purely technical, political conditions, contract law, legal issues https://www.jaml.ir/article_716123.html In the present era, the dangerous state of psychiatric patients and resolving it as the most challenging criminology topics. Some criminologists believe that instead of punishment, there are measures and measures in accordance with the dangerous amount of danger to the community, and with a logical view and away from the accelerated and emotional functions, the offender may be suffered during crime. Have been unusual. For this reason, preventive policies seem to be more functional through management of this state due to the recognition of the effects and implications of dangerous state, and by managing and controlling the devices involved in this, in order to prevent further losses and the risk of achievement. Considering the goals, especially with the use of criminal teachings and criminal sociology, the best and most reasonable solution in the course and conditions are present.Therefore, the leading article takes advantage of a descriptive and analytical method to explain the challenges of monitoring the dangerous psychological criminals and its strengthening strategies in the light of Article 150 of the Islamic Penal Code approved 1392. https://www.jaml.ir/article_716124.html With the expansion of crimes related to Internet payment ports, criminal laws and determination of financial crimes punishment for crimes related to Internet payments faced serious challenges and injuries, which has caused people's concern.Therefore, the purpose of the leading article is by using the analytical descriptive method of measures and its prevention strategies. Disruptions in data papers of electronic payments, withdrawal from others, electronic forgery, including crimes related to Internet payments.Software factors, lack of adequate education, how to use paid devices and lack of adequate monitoring on them, unauthorized access to confidentiality and banking systems, disrupting the functioning of the computer system, disrupting bank operating systems, including factors in the incapation of Internet payments.Measures of crime-related crimes related to Internet payments with different characteristics of state prevention measures, technical preventive measures to safety sites, task to disclose information and social preventive measures, especially preventive measures of customer protection from electronic codes, customer attention to announcements issued by the Institute for the financial and information institution Are. https://www.jaml.ir/article_716125.html The necessity of a couple's ritual is one of the conditions of concluding marriage in Islamic law and the lack of this alignment in the beginning and dissolution of marriage in the following, the current study of the necessity of couples with qualitative approach and strategy based the phenomenological examination, and the interview with 8 participants was semi-structured, the result of the components of lifestyle, Qa'adli, the path of route, the framework of the definition of religion and the rituals of the partnership. Ahasa and necessity of a ritual of couples due to their psychological well-being, peace and happiness, and the consolidation of the departmenof of appropriate children. , and the interview with 8 participants was semi-structured, the result of the components of lifestyle, Qa'adli, the path of route, the framework of the definition of religion and the rituals of the partnership. Ahasa and necessity of a ritual of couples due to their psychological well-being, peace and happiness, and the consolidation of the departmenof of appropriate children. Keyword: phenomenological, couple, ritual time https://www.jaml.ir/article_716126.html When two legal addresses are not in conflict in the legislative stage, but in the implementation stage of the law, there is a contradiction between them, it is interpreted as conflict. The fundamentalists refer to antagonism as a form of retaliation. In their terminology, the contradiction between two rulings arising from the impossibility of combining the two in the position of obedience is called antagonism. The way out of antagonism is that if one of the two antagonizing precepts is preferable to the other, the intellect will give preference to it, otherwise the intellect 'ruling is a choice in doing one of two things. In order to express the criterion of preference, the fundamentalists have mentioned preferences such as having a substitute, giving conditionally to rational power over conditional to religious power, the priority of the important over the important and the temporal precedence, which will be examined descriptively and analytically. Took. The results indicate that the acceptance of the domain of these preferences by the fundamentalists is associated with differences. https://www.jaml.ir/article_716127.html According to the principle of legitimacy of the study of reason, the principle of respect for human dignity and the principle of respect for the privacy of the believer, the protection of privacy of individuals in the field of communication and conversation has been emphasized and supported by legislators of different countries. Protection of the privacy of individuals in all areas, enacted a comprehensive law that defined the boundaries of the issue, although there are scattered provisions in the law to protect the privacy of individuals.Ordinary laws and the Constitution of Iran provide for legal guarantees to protect the privacy of individuals, including the privacy of communications and conversations. Respect for the privacy of individuals and mentioning legitimate and permissible cases of eavesdropping are the findings of the research. This research is theoretical and its method is descriptive-analytical and the method of collecting information is library and by referring to documents, books and articles This article seeks to examine the interception of conversations from the perspective of Iranian criminal law, Imami jurisprudence, and international documents and conventions. https://www.jaml.ir/article_716128.html Today free access to the free information is one of doubtful principles of democracy that leads to form the concept of citizen ship and it has been clarified in international documents. In Islam's jurisprudence and in Iran laws with the ratifying of the law of publication and free access of information, this right has been accepted. According to the mentioned law, public and private Institutes are obliged to provide necessary information for the citizens except in several cases And inform them. Accordingly, the main question in the article is what are the principles governing the dissemination and free access to information in Islam and the subject law? Which has been analyzed by descriptive-analytical method and referring to library sources, and based on this, some principles have been obtained : freedom of expression, consultation, supervision right, information right, information trusteeship, prohibition of science reservation and clearness. prohibition of science reservation and clearness. https://www.jaml.ir/article_716130.html Undoubtedly, one of the most important tools of the law science for setting the relations between the citizens in any country is the legal institution of contracts that is used mostly in economy, trade and commerce and it is one of the common legal institutions in all contemporary legal systems with its unique characteristics. On the other hand, this legal institution has been used not only by the private sector but also by the governmental organizations and departments by concluding it in various forms such as administrative and public contracts that has left some daily affairs to the private sector and continues its specialized supervision. One of these common contracts is gas station contractual contracts and establishment of gasoline, oil, gas, single-purpose and dual-purpose CNG stations. A look at the legislative system indicates that the Islamic Council has avoided legislation in this field and left this important task to the Ministry of Petroleum and the National Oil Products Distribution Company.. The results of the research prove that these types of contracts are close to administrative and government contracts and by distancing from the balance of contracts in private law, there will be a type of contractual inequality when concluding a contract between the employer (National Iranian Oil Products Distribution Company) and the contractor (private broadcast) that the employer considers this type of contracts from the position of power. https://www.jaml.ir/article_732040.html The present study adopts a comparative and jurisprudential approach to examine two prominent contemporary novels: The Idrisis’ House by Ghazaleh Alizadeh and Beirut 75 by Ghada Al‑Samman. The main objective of this paper is to reveal the link between literature and moral‑jurisprudential concepts within the cultural contexts of Iran and the Arab world. Both writers, through their narrative worlds, reflect moral crises, social transformations, and the individual’s conflict with power and religious law. In The Idrisis’ House, the traditional structure of family and religious values collapses under political chaos and personal desires; whereas in Beirut 75, moral corruption and the disintegration of human values stem from a distancing from faith and divine justice. The comparative jurisprudential analysis shows that both works, while criticizing gender and social inequalities, emphasize the necessity of returning to spirituality, justice, and responsible freedom.The findings demonstrate that Alizadeh and Al‑Samman, through their feminine and justice‑oriented perspectives, successfully portray the tension between sensual inclinations and Islamic legal principles in a poetic‑realistic narrative, thereby offering a new model of ethical‑social literature within the Islamic context. https://www.jaml.ir/article_733050.html The main objective of the research is to explain the international requirements of the Iranian government regarding the control and reduction of greenhouse gas emissions. This research is designed based on the library method and the use of primary sources, and while using books, reputable scientific articles, theses and specialized internet resources, it focuses specifically on Latin sources, because Persian sources in this field are limited. The analysis approach is descriptive-analytical and, if necessary, other methods have been used to supplement the data. The research findings show that elevating the status of environmental treaties to the level of human rights treaties can help strengthen their weight and credibility in international law. Also, structural and normative reforms in the domestic legal system provide the basis for the development and promotion of environmental standards. Accordingly, achieving the goals of combating global climate change requires that governments, and especially the Iranian government, impose specific obligations to reduce greenhouse gas emissions relative to the past. In addition, the establishment of criminal laws appropriate to the circumstances to deal with possible violations is an undeniable necessity. https://www.jaml.ir/article_733315.html The implementation of death sentences in the present time, especially in Iran, has led to dissatisfaction among some general citizens, jurists, and even some jurists in various ways; because the lack of some of the minimum requirements for implementing the limits, especially death sentences, has led to the denial of legitimacy from implementing such sentences in the present time. The universality of the sentences, the rightfulness of the sentences, the lack of disruption in the coherence of the dimensions of Sharia and the administration of social affairs, and the absence of a religious background in society are among the minimum requirements necessary to lay the groundwork for implementing death sentences in society. The following article, after explaining each of these conditions and pointing out their absence in the current society, explains the jurisprudential solutions to overcome this challenge and prevent the enemy from abusing it. The use of secondary rulings, expedient rulings, and the recognition of the method of punishment are the three main jurisprudential solutions that, by relying on them, can stop the implementation of life-threatening punishments in society. The main achievement of this article is the emphasis on the method of punishment and the possibility of changing it in accordance with the conditions of the society, which, after explaining the first and second solutions, introduces the recognition of the method of punishment as the best and most comprehensive solution to face this problem. The writing method of this article is descriptive-analytical with internal criticism. https://www.jaml.ir/article_734527.html AbstractDigital culture, by creating new financial obligations and activities in cyberspace, has profoundly impacted the family institution and spousal responsibilities. This research provides a jurisprudential-legal analysis of the phenomenon of "Digital Obligations," such as cryptocurrency investments, participation in virtual pyramid schemes, obligations arising from online games, and international online loans, and their effects on spousal responsibilities according to Iranian law. The research method is descriptive-analytical, based on a library study of laws, judicial opinions, jurisprudential texts, and international resources. Findings indicate that despite the silence of family laws (Civil Code and Family Protection Law) regarding these obligations, the general principles of spousal civil liability and the rule of "Pacta Sunt Servanda" encompass them. The main challenge lies in determining the "legitimacy" of these obligations and distinguishing between "joint" or "individual" spousal responsibility. From a jurisprudential perspective, principles such as "nafy al-'uhdah" (repudiation of unauthorized obligation), "la darar" (no harm), and "maslahat" (public interest) provide a framework for assessing legitimacy and determining the scope of liability. By introducing the concept of "Conditional Joint Digital Liability," this article suggests that future judicial precedent and legislation should define spousal responsibility for these novel obligations by considering criteria such as the knowledge and consent of the other spouse, the legitimacy of the activity, and the benefit to the family. https://www.jaml.ir/article_734528.html The protection of women's rights within the framework of the family institution is one of the fundamental axes of contemporary human rights, which has been considered in various international documents with an emphasis on principles such as equality, non-discrimination, and human dignity. Despite the significant expansion of international rules and norms in this area, the fundamental question is whether the protections foreseen in these documents have "protective efficacy" and have been able to lead to the effective realization of women's rights in the family sphere or have they remained merely at the level of normative declaration. This research, with a descriptive-analytical approach and using the documentary study method, criticizes and evaluates the effectiveness of legal protections for women in international human rights documents. The main focus of the article is on analyzing the concepts and protective mechanisms contained in key international documents and assessing their applicability in the field of family rights. The findings of the research show that although international documents have extensive normative and conceptual support literature and emphasize fundamental principles such as equality between women and men and the prohibition of gender discrimination, in many cases they face ambiguity and shortcomings in terms of implementation guarantees and practical realization mechanisms. This situation causes the anticipated support to face challenges in practice on the path to the effective realization of women's rights. The research results indicate that improving the status of women's rights in the family sphere requires a transition from merely declarative support to effective legal support, through strengthening executive guarantees, clarifying normative concepts, and rethinking the mechanisms for realization and monitoring in international human rights documents. https://www.jaml.ir/article_734529.html The concepts of moral weakness (ḍaʿf al-nafs) and non-rational adulthood (ghayr-rashīd) are among the fundamental notions in Islamic jurisprudence (Fiqh al-Imāmiyyah) and Iranian criminal law. Both concepts are directly related to the legal capacity (ahliyya), civil competence, and criminal responsibility of individuals. This research, using a descriptive-analytical and comparative method, examines the theoretical foundations, legal implications, and the conceptual relationship between “moral weakness” and “non-rationality” in Imāmiyyah jurisprudence and Article 596 of the Islamic Penal Code of Iran.In Shi‘a jurisprudence, moral weakness refers to a psychological or spiritual condition that arises from the dominance of passions or emotional fragility, resulting in the reduction of one’s rational willpower. It bears moral consequences but does not, by itself, nullify legal competence unless it reaches the level of safāhah (folly) or junūn (insanity). Conversely, non-rational adulthood signifies an individual’s inability to manage financial and personal affairs wisely, corresponding to the classical notion of safīh, which leads to partial or complete legal incapacitation.The comparative analysis reveals that while both concepts pertain to diminished capacity, they differ in nature, scope, and legal ramifications. Under Article 596 of the Islamic Penal Code (2013, amended 2019), the Iranian legislator incorporates these two notions together to criminalize acts of exploitation against persons suffering from psychological or cognitive vulnerability. This dual approach reflects a synthesis of Imāmiyyah jurisprudential principles—such as the no harm rule (lā ḍarar wa lā ḍirār), the principle of divine ownership (nafs wa māl al-muslim muḥtaram)—and modern protective criminal policies.Findings indicate that a clear conceptual distinction between moral weakness and non-rationality can enhance the precision of legal interpretations, improve judicial consistency, and strengthen protective mechanisms for vulnerable individuals. It further underscores the capability of Islamic jurisprudence to serve as a dynamic and ethical foundation for modern criminal justice frameworks in Iran. https://www.jaml.ir/article_735180.html One of the most important issues worth reflecting upon in contemporary societies is the attention and approach to the value, status, and innate capabilities of women. A woman who throughout Arab history has always been subjected to oppression, abuse, and neglect, and in many Arab countries has been deprived even of the smallest of her human rights. The present study aims, using a descriptive and analytical approach, to examine the image, status, and human rights of women in the poetry of Yahya Tawfiq. An Arab-born poet who, having been driven to ridicule his own people by the injustice of rulers and the society's approach, stands as a symbol of indomitable writers against this injustice and openly writes against the oppression of the Al Saud. While respecting the personality of women, he depicts the figure of a woman and her diminished rights, and composes his collection with humane poems about women. The research findings show that the poet considers the status of women from five perspectives: woman as a wife, woman as a mother, woman as a compatriot, woman as a beloved, and woman as a daughter. https://www.jaml.ir/article_735181.html Novel, as one of the most important literary genres, reflects the social, cultural, psychological, and even discursive transformations of societies. In this article, with an adaptive approach, the narrative structure, literary techniques, and thematic content of two prominent contemporary novels are examined; «خانه ادریسی‌ها» by Ghazaleh Alizadeh and «بیروت ۷۵» by Ghada Al‑Samman. These two novels are not only reflections of lived experience and identity of women in traditional and transitional societies of Iran and Lebanon, but also, relying on female narratives, critique patriarchal structures and identity crises of women in social, political, and cultural contexts. In this study, while analyzing structural elements such as point of view, characterization, language, symbolism, and space, key thematic content such as gender, women's social roles, confronting social and political changes, and identity challenges are examined. Moreover, with an interdisciplinary perspective, the indirect reflection of jurisprudential and ethical discourses related to women's status, concepts such as agency, limitation, social responsibility, gender justice, and the relationship between religious tradition and contemporary women's life in the narrative text is analyzed. The examination of these components shows how jurisprudential perceptions governing traditional societies, either overtly or covertly, play a role in shaping social relationships, norms, and the fate of female characters. The main goal of the research is to reveal the conceptual, literary, and discursive similarities and differences of these two works and to explain the role of women's literature in representing resistance, hope, and social challenges at the intersection of literature, culture, and jurisprudence. Findings show that both authors, with powerful and feminine insight, have managed to reflect various psychological and social dimensions of women within the context of historical, cultural, and jurisprudential transformations of their societies, providing a basis for deeper studies in the field of identity, gender, and the relationship between literature and religious thought. https://www.jaml.ir/article_735388.html This study aims to identify and rank the religious factors influencing school principals’ success and to examine their role in improving job commitment, based on the theoretical framework of the International Successful School Principalship Project (ISSPP). Given the essential role of religious beliefs in shaping ethical behavior and organizational commitment in Iran’s educational system, the research integrates spiritual and moral dimensions of leadership with global indicators of successful principalship. A mixed‑method (qualitative–quantitative) approach was applied. In the qualitative phase, semi‑structured interviews were conducted with successful principals and experts in Islamic education to identify relevant religious factors. In the quantitative phase, the Fuzzy Analytic Hierarchy Process (FAHP) was employed to rank the factors, and multiple regression analysis was used to explore their effect on job commitment. The statistical population included principals of primary and secondary schools in West Azerbaijan Province. Results revealed that religious components such as justice and fairness, sincerity in educational service, faith and trust in God during decision‑making, moral responsibility, and respectful behavior toward human dignity have the most significant impact on leadership success and directly enhance job commitment, motivation, and organizational satisfaction among school principals. Ultimately, the study concludes that combining a religious–ethical approach with the ISSPP model can provide a localized and value‑based framework for improving performance and job stability among Iranian school principals.   https://www.jaml.ir/article_735457.html With the expansion of information technology and the entry of new tools into the field of commercial exchanges, electronic contracts and digital signatures as the main elements of electronic commerce have played an important role in the transformation of traditional ways of conducting transactions. In Iran's legal system, especially after the approval of the e-commerce law of 2012, the necessary legal basis for identifying and validating these tools has been provided. One of the most important challenges in this field is to check the citation capability, authenticity and validity of contracts concluded through data messages, as well as the validity of digital signatures compared to traditional signatures. This article examines the effect of electronic contracts and digital signatures on the validity of transactions in Iranian law by analyzing legal regulations, practical procedures and legal perspectives. https://www.jaml.ir/article_719988.html Dealing with religious and jurisprudential doubts has always been one of the major challenges in Islamic societies. In Shiite jurisprudence, to respond to these doubts, special jurisprudential and fundamental principles are used that are in line with the Quran, the Sunnah of the Infallibles (peace be upon them), and reason. In this regard, the principle of caution is used as one of the most important tools to prevent jurisprudential errors and doubts when dealing with issues whose religious ruling is not clear. The rule of innocence, as a fundamental principle in Shiite jurisprudence, from a rational and religious perspective, absolves a person from obligations in cases where there is doubt. The rule of non-harm, especially in response to new doubts, means that no ruling should lead to unbearable harm. Along with these principles, the use of reason as a jurisprudential source plays a fundamental role in understanding and explaining religious issues. In addition, dynamic ijtihad in Shiite jurisprudence is effective as a new approach in responding to doubts in new conditions and adapting jurisprudential issues to the developments of time and place. On the other hand, scientific dialogue and interaction are among the main teachings of the Quran and the life of the infallibles (peace be upon them), based on which scientific debates and discussions are presented as an effective tool in resolving doubts and strengthening religious understanding. These jurisprudential foundations not only help in resolving doubts and clarifying religious issues, but also play a key role in creating unity and convergence among Muslims and answering new questions. https://www.jaml.ir/article_720369.html Artificial intelligence, as one of the most important technologies of the present era, has played an effective role in various scientific and applied fields, and its use in the humanities and Islamic jurisprudence has become a controversial topic. This article examines the benefits, challenges, and degree of autonomy of artificial intelligence in the process of inferring religious rulings. Using techniques such as natural language processing, machine learning, and neural networks, artificial intelligence has the ability to analyze jurisprudential texts, categorize data, and provide answers based on previous patterns. This technology can also accelerate the process of jurisprudential inference and increase its accuracy. Here, the practical capabilities of artificial intelligence, including tagging verses and narrations, finding similar texts, and simulating ijtihad methods, are mentioned. However, complete autonomy of artificial intelligence in ijtihad is still unattainable, because this process requires conditions such as justice, faith, and deep awareness that are beyond the capabilities of an intelligent system. As a result, artificial intelligence can be used as a facilitating tool in ijtihad and jurisprudential education, but the complete replacement of mujtahids requires further scientific, technical, and ethical advances. https://www.jaml.ir/article_720797.html Human rights have a single structure from the perspective of legal and protective content: universal, interdependent and indivisible. The right to clothing has been recognized as a human right in various international human rights instruments. This right, which is more than a material necessity, is a forgotten right and needs to be examined. The right to adequate clothing is an independent and distinct right, of vital importance for human existence, dignity and life, and is considered an intrinsic part of the right to an adequate standard of living. This right is related not only to the right to livelihood but also to the right to comfort, human civilization, the right to development, the right to health, the right to security, the right to happiness, the right to identity and personality, which give a human identity. This issue has been mentioned in General Comment No. 6 of the Committee on Economic, Social and Cultural Rights on clothing for the elderly, General Comment No. 5 of the Committee on appropriate clothing for persons with disabilities and General Comment No. 14 on the reduction of occupational accidents. In the opinion of the author of the article, the right to adequate clothing cannot be considered as a secondary or unimportant right that can be ignored. This right must be protected to prevent people from living below the poverty line and being labeled. No one should live in conditions where the only way to meet their needs is to humiliate themselves or deprive themselves of basic freedoms. Theterm "adequacy" is alsolargely determined by the social, economic, cultural, climatic and other conditions prevailing in a society. Despite the extensive attention paid to poverty, social welfare, economics, international policies, globalization and other issues, there has been little interpretation in international law regarding the right to adequate clothing. https://www.jaml.ir/article_721839.html One of the obligations imposed on the husband as a result of marriage is dowry. According to Islamic teachings, dowry is a gift with symbolic value, which the husband pays as a token of appreciation to his wife and expressing his desire to establish a joint life with her. In the contemporary world, the main philosophy of dowry is often ignored, and we see heavy dowries being determined by women, which has created many challenges in their lives together. Due to the importance of the topic, this article first examines the factors of heavy dowries and then explains the consequences of heavy dowries in couples' relationships. solutions to prevent the imposition of heavy dowries are examined and it is concluded that there are about nine solutions that can be presented to prevent it, among them, the solution of "considering the husband's ability" is more related to the economic, social and cultural situation of the country. It is compatible and has more adaptability. https://www.jaml.ir/article_722121.html Abstract The Supreme Leader of the Islamic Revolution (Ayatollah Khamenei) has repeatedly stated that the way to progress and solve the country's problems is to trust and entrust the country's leadership to the elite revolutionary youth. Unfortunately, some government agencies do not pay attention to this important issue and have included numerous obstacles to attracting the faithful elite revolutionary forces in their work process. This has caused society to distance itself from the main path of development and perfection as well as the realization of social justice. The collection method in this research is descriptive-analytical and the library method has been used to examine the subject. Advanced countries, by identifying the scientific elites of developing countries, who are in fact considered valuable human capital, and by providing job, management, welfare, and educational attractions and creating a suitable research environment, bring the elites into their country as a profitable economic capital, while some Iranian government organizations have ignored them despite all these elite youth. Therefore, the goal of this upcoming research is to ensure that executive and government agencies adhere to the statements of Imam Khamenei in attracting elite revolutionary youth and using their ideas to solve the country's problems. https://www.jaml.ir/article_722529.html Islamic jurisprudence, despite its steadfastness in principles, possesses the necessary flexibility to adapt to the changing conditions of time and place. One of the fundamental issues in this regard is the topic of changing legal rulings, which in contemporary times has been highlighted under terms such as "dynamic jurisprudence." However, precisely determining the rules and frameworks for changing legal rulings, in order to prevent misinterpretations and maintain the effectiveness of Islamic jurisprudence, is an unavoidable necessity. This study, with a descriptive-analytical approach and using reliable jurisprudential sources, examines and compares the criteria for changing legal rulings from the perspectives of both Shia and Sunni scholars. The findings of the research indicate that scholars from both sects believe in the possibility of changing legal rulings and consider factors such as changes in the opinions of jurists, social conditions, and transformations in the subject of the ruling as reasons for such changes. However, differences in the interpretation and application of these criteria are observed in some cases. Based on the results, it can be concluded that changing legal rulings is both possible and, in specific conditions, necessary. However, such changes must occur within a defined framework and in accordance with legal principles to prevent any form of extremism or excess. https://www.jaml.ir/article_722709.html In critical economic conditions, international sanctions and severe currency fluctuations, mismanagement of foreign exchange resources can lead to corruption, money laundering, currency smuggling and other economic crimes. Therefore, creating transparency and close monitoring of the transfer of foreign exchange resources and improving financial and foreign exchange policies is of particular importance. Resistance economy, as a framework for optimal use of domestic resources and reducing dependence on foreign resources, can play an effective role in reducing economic crimes by strengthening local production, reducing economic pressures and creating stability in the economic system. In this article, by examining experiences and studies conducted at the national and international levels, an attempt has been made to analyze and present the causes of economic crimes, the challenges in managing foreign exchange resources and proposed solutions for transforming the foreign exchange system within the framework of resistance economy. The research findings show that adopting coordinated financial and foreign exchange policies along with the resistance economy approach can significantly improve the areas for preventing economic crimes and contribute to the sustainable economic development of the country. https://www.jaml.ir/article_722869.html Abstract The protection of men's rights in various legal systems, especially in civil law, is a very important and complex issue that requires careful study and analysis. The adoption of numerous laws such as the Family Protection Law is an example of this motivation and the creation of a transformation in the sensitive foundations of family law, but so far, a transformation that would balance men's rights in the field of civil law and would be expected by the legal community and Iranian families has not been achieved. The purpose of the present study was to study and compare the protection of men's rights in the civil law of Iran and France. Therefore, the research question was based on what are the similarities and differences in the laws protecting men between Iran and France? In this regard, the research method was descriptive and analytical, and the results showed that while France has achieved various legal and legal mechanisms in this field, Iranian civil law is also responsive to social and cultural needs in a different way with an emphasis on religious issues. The findings also showed that in the past, there is protection for men in special circumstances, such as providing special leave for men whose wives are in special circumstances. Supporting men's rights during childbirth can help strengthen the family institution, reduce the burden of responsibilities on women, and promote gender equality. By passing laws that pay attention to fathers' rights, a suitable basis can be provided for creating positive changes in society. Finally, some suggestions are made regarding approaches to supporting men's rights in Iran, considering the existence of appropriate laws in France. https://www.jaml.ir/article_723127.html As we know, a contract is a legal relationship in which two parties are involved and is formed from two wills through offer and acceptance, but contracts can be divided in different ways and aspects, such as covenantal, possessive, negotiable, conditional and unconditional, etc. What is being discussed here are conditional contracts, that is, contracts in which there is a condition and it has been considered. What is important to know and what we are looking for is that after this group of contracts has been dissolved in any way and has no other effect or has become invalid due to one of the problems mentioned in the civil law, then what is the status and obligation of this group of conditions that have been included in these contracts? And how should they be treated? Of course, a distinction must be made in that case: those contracts in which the condition has not been fulfilled by the party against whom the party against whom the party against whom the party against whom the party against whom the party against whom the party against whom the party against whom the party against whom the party against whom the party against whom the party against whom the party against whom the party against whom the party against whom the party against whom the party against has the right to refer to the party against whom the party against whom the party against whom the party against whom the party against whom the party against whom the party against whom the party against has the right to refer to the party against whom the party against whom the party against whom the party against whom the party against whom the party against whom https://www.jaml.ir/article_723142.html The subject of the role of time and place in the derivation of Islamic legal rulings has long been a matter of interest for jurists and scholars of Islamic sciences. The question has consistently arisen as to whether time and place influence the process of deducing Sharia rulings. If the answer is affirmative, can specific examples of this influence be identified? Based on the study conducted in this area, it is evident that most jurists from both Sunni and Shia schools of thought believe that time and place play a significant role in the derivation of Sharia rulings. Numerous examples can be cited in this regard, where the influence manifests in various forms—such as the application of Sharia rulings to specific cases, the manner of implementing those rulings, or the interpretation of the sources of Islamic law. These influences shape the intellectual framework of the jurist and are evident in the majority of Sharia rulings. Like a beating heart, they ensure the dynamism of Islamic jurisprudence and enable Islamic rulings to respond effectively to the needs of different eras throughout history. The aim of the present study, while acknowledging the principle of permanence in the core and foundational rulings of religion, is to explain concrete examples of the influence of time and place on the derivation of Islamic rulings from the perspectives of scholars across Islamic schools of thought. The study employs a descriptive-analytical method of content analysis and collects data through library research. https://www.jaml.ir/article_723330.html divorce registration procedures The most important law related to divorce is the Family Support Law approved in 2011, which provides provisions on divorce procedures. One case is the presence of a judicial advisor for women in family lawsuits. The judge drafting the opinion must mention the opinion of the advisory judge in the document, and if he disagrees with his opinion, reject his theory by stating the reason. Family registration of divorce and other cases of dissolution of marriage, as well as declaration of nullity of marriage or divorce in the official In consensual divorces, a certificate of the impossibility of compromise must be issued, the matter will be referred to arbitration and the arbitrator will be appointed by referring the case to a branch of the family courts. And he has compiled the materials with the library method and using the fish tool. Key words: divorce ,divorce formalities, divorce registration, ref https://www.jaml.ir/article_724347.html The principle of autonomy of will constitutes a natural right of individuals to determine their legal relations, enabling free negotiation of contractual terms. However, such autonomy is constrained within the framework of public laws and regulations. Prior to the enactment of the mandatory registration law for immovable property transactions on 1403/02/26 by the Expediency Discernment Council, this principle was implemented in immovable property transactions with virtually no restrictions. Parties possessed extensive liberties in defining contractual conditions, including payment mechanisms, determination of property delivery timing and location, and transaction registration. Numerous transactions were exclusively executed through ordinary documents without formal registration. Following the law's implementation, these freedoms were substntially curtailed. Pursuant to Article 1, any transaction resulting in property ownership transfer or usufructuary and servitude rights must be electronically registered in the official documentation system. Non-registration of such transactions renders any subsequent claims, including formal deed compilation or related litigation, inadmissible in judicial forums. This legislation creates a unique intersection between individual autonomy and governmental legal imperatives aimed at ensuring transparency, legal compliance, and public order. The research critically examines immovable property sale instances across three primary stages: contract formation, obligation execution, and contract dissolution, employing a descriptive-analytical methodology and leveraging comprehensive bibliographic resources. The research examines immovable property sales across contract formation, execution, and dissolution stages, utilizing descriptive-analytical methodologies. https://www.jaml.ir/article_724713.html In the Iranian penal system, the commission of certain acts by individuals makes them guilty of murder, and as a result, shedding their blood is permissible in terms of Sharia and by law. Therefore, on the one hand, relying on this permission to commit material criminal behavior cannot lead to the conviction of the person who committed the crime (the primary offender), but rather it proves the crime and attributes the criminal behavior to the person who committed it, which leads to his conviction and punishment for the crime he committed. On the other hand, entrusting the execution of punishments to the general public or some individuals causes numerous problems, including chaos and disorder, the loss of judicial security for citizens, the revival of private justice, granting the authority to issue and execute sentences to incompetent individuals, etc., which requires the legislator to adopt a considered and appropriate penal policy in relation to murder. In this article, through a descriptive-analytical method (library study), we have examined the permissibility of the murder of Mahdurdam in Articles 302 and 303 of the Islamic Penal Code approved in 1392, in order to point out the shortcomings and challenges in this field and to arrive at the necessary measures to eliminate the shortcomings and ambiguities. https://www.jaml.ir/article_725250.html Artificial Intelligence (AI) has emerged as a revolutionary tool that has impacted almost the entire world and is reshaping the world, simplifying processes and improving decision-making. The success of AI is due to the fact that we now have access to more data and the computational infrastructure to analyze such data. AI has enormous potential in the legal field and promises to change the way legal professionals work and how people access the justice system. This study, using a descriptive-analytical approach, has attempted to answer the research question of what are the opportunities and threats of AI for different legal disciplines such as criminal law, advocacy, family law, etc.? The findings of the study indicate that AI is increasingly reshaping the landscape of the legal profession and presents significant opportunities and major challenges. By increasing efficiency and accessibility, AI technologies have the potential to improve the delivery of legal services, especially for underserved communities where access to justice is limited. AI’s ability to streamline processes, facilitate predictive analytics, and aid in legal research positions it as a transformative force in the legal field. However, its integration raises ethical concerns and risks related to bias, accuracy, and public trust that must be carefully considered to maintain the integrity of the justice system. https://www.jaml.ir/article_728470.html This article examines the laws related to the acquisition of national and state lands in Iran and their social and legal consequences with the approach of social constructionism. First, the Nationalization Law of Forests and Ranges approved in 1341 and the Law of Protection and Exploitation of Natural Resources are analyzed and their role in the management of natural resources and their effects on private property rights are examined. Then, the land acquisition law for public projects and the challenges caused by the legal conflict between the government and private owners are discussed. Another part of the article examines crimes against national lands such as land grabbing and aggressive occupation, not only from a legal point of view, but also as a social phenomenon and provides examples of judicial cases. In the following, the role of the government in changing the concept of ownership from private to national and the social consequences of these changes, especially in local communities, are discussed. The article deals with cultural and legal conflicts between land acquisition policies and local needs and analyzes the effect of these conflicts on the increase of crimes related to national and state lands. Finally, solutions to amend laws and reduce these crimes through the participation of local communities and public education are suggested. https://www.jaml.ir/article_728628.html This study examines the possibility of proving the miraculous nature of the Qur'an's foreknowledge (ghaybi reports) from the perspectives of two prominent exegetes: Allameh Tabataba'i and Fakhr al-Din al-Razi. The main research question centers on the role and status of such reports in confirming the prophethood of the Prophet Muhammad (PBUH), and how each thinker interprets them. Using a descriptive-analytical method and relying on exegetical and theological sources, the study analyzes the views of these two scholars. Allameh Tabataba'i, adopting a philosophical and rational approach, considers the Qur'anic foreknowledge as manifestations of unknown or lesser-known laws of the universe and interprets them within the framework of natural causality. Citing verses such as “That is from the news of the unseen...” (Āl ʿImrān: 44) and “That is from the news of the unseen...” (Hūd: 49), he views such reports as part of the Qur'an’s challenge (tahaddi) and as signs of its miraculous nature. In contrast, Fakhr al-Razi, through a theological and logical lens, classifies these foreknowledge reports among intellectual miracles. Referring to verses like “And you did not recite before it any book...” (Ankabūt: 48) and “The multitude will be defeated...” (Qamar: 45), he emphasizes the logical and theological necessity of the truthfulness of such divine reports. The findings of the study show that although the two scholars employ different approaches and methodologies in analyzing the miraculous nature of foreknowledge in the Qur'an, they ultimately arrive at the same conclusion: the precise and error-free fulfillment of the Qur’an’s ghaybi reports constitutes decisive evidence of the truthfulness of the Prophet (PBUH) and the divine origin of the Qur’an. Both also agree that such reports, delivered by an unlettered man without formal education, could only have been conveyed through divine guidance—thus affirming the Qur’an’s miraculous nature. https://www.jaml.ir/article_728630.html Dejudicialization, as a strategy to reduce the volume of judicial cases and alleviate the burden on the judiciary, holds significant importance in criminal justice systems and has garnered the attention of many countries. The deep connection between the domestic legal system and Islamic jurisprudence highlights the necessity of aligning dejudicialization with jurisprudential sources and principles. This study aims to examine dejudicialization from a jurisprudential perspective, considering the role and position of the judiciary in the enforcement of punishments. An initial reading of jurisprudential texts may suggest a prohibition against delegating judicial matters to non-jurists. However, deeper reflection on jurisprudential foundations and principles such as the principle of necessity, the principle of no harm, and public interest reveals extensive potential for aligning this approach with Islamic rulings. These capacities not only enable the realization of criminal justice in the complex and dynamic conditions of society but also contribute to reducing the judiciary’s workload, enhancing public satisfaction, and facilitating the judicial process. This research is theoretical in nature and employs a descriptive-analytical method. The findings of the study indicate that jurisprudential concepts such as concealing offenses, accepting repentance in hadd crimes, and reconciliation are examples of dejudicialization approaches within Islamic jurisprudence. https://www.jaml.ir/article_728631.html Option of condition in endowment Abstract Endowment is a permanent legal act and after the endowments created, the Endower cannot destroy the Endowment and refer to the endowment property. Many of the Imamiyyah jurists and lawyers of the country have emphasized on the permanence of the endowment and its irrevocability. Despite the emphasis that endowment is a permanent legal act, the examination of jurisprudential works shows that some jurists have foreseen the possibility of including option clause in endowment in certain cases. Most of the jurists have accepted such conditions and various evidences have been presented to prove the validity of such conditions. The civil law has not accepted this point of view and it can be deduced from its various articles that the validity and irrevocability of the endowment are the inherent characteristics of this contract and under no circumstances can a condition be made in the endowment that the cause of the endowment returns to the owner of the benefactor. Therefore, What is mentioned as the condition of termination or revocation in some jurisprudential works is basically outside the establishment of endowment. Key words: endowment, detention, Emphasis on the permanence of the endowment, option of condition, property release https://www.jaml.ir/article_728632.html One of the most important people of any society and country is definitely the children and teenagers of that society or country because they will form the next generations of a society and their health and special support. , legal, judicial, financial, family, emotional, academic, etc., it can definitely help in the growth and dynamism of that society, one of the very important and basic categories that we are trying to address is definitely legal protections and It is a punishment for children and adolescents, because children and adolescents are one of the groups that are exposed to criminals and can be seen as criminals or criminals, in this regard, special measures are taken in every country and every legal system. and at the international level, we see widespread support in most types of organizations, treaties, conventions, etc., which have been formed to comprehensively support children in various fields, including legal and criminal protection. In Iran, The existence of the educational reform center, special courts for children and adolescents, etc. are among the measures that the legislators have considered for the criminal protection of children and adolescents. First of all, we need to know the type and amount of criminal protections at the international and domestic level and how useful and effective these measures are and how much they need to be changed and revised. Objective: Our main objective in this research is to firstly identify the types of support and domestic and international support patterns in the criminal justice of children and adolescents, and our secondary objective is to provide the most suitable and best ways of working in this field to use it. https://www.jaml.ir/article_728660.html Artificial intelligence is a set of software and hardware technologies that are capable of automatically collecting, analyzing, and reasoning from data to perform tasks in the digital and physical domains without explicit guidance from a human operator. In line with this definition, various legal perspectives have emerged for the use and benefit of artificial intelligence. The present study aims to answer the question: is the purpose of using artificial intelligence to maximize welfare for the majority or to prioritize the recognition of intrinsic human values? And is there a possibility for a combined ethical standard that strives to achieve both goals? It has selected existing approaches and answered the above question using a descriptive and analytical method. One of the existing approaches is legal positivism; based on this approach, which focuses on the formal aspects of the law; the method of benefiting from artificial intelligence is to grant legal personality; and the purpose of this grant is not to turn it into a "human being", but to ensure that the legal system is in harmony with social development; one of the perspectives raised against the aforementioned perspective is the jurisprudential perspective. Jurisprudential perspectives on artificial intelligence include four approaches: welfare-oriented, consequentialist, normative, and truth-oriented; according to the first perspective, the ultimate goal of divine order is the benefit of humanity (known as expediency); the second perspective requires a clear definition and consensus on an intrinsic value for its full validity; in the third approach, expediency as mere benefit or public welfare requires oversimplification in Islamic jurisprudence; in the truth-oriented perspective, all sciences can be beneficial sciences if they are based on the principles of monotheism and in line with meeting the legitimate needs of humanity, and this is what can be well manifested in the modern Islamic civilization; https://www.jaml.ir/article_728689.html Abstract This article examines the comparative analysis of the criminal liability of the coercer (mukreh) in felonies between Imami jurisprudence and the Islamic Penal Code of 2013. Although criminal liability is based on free will, coercion, as a factor that removes or weakens will, significantly impacts this responsibility. This research aims to accurately analyze and compare jurisprudential and legal perspectives on this issue, with an approach focusing on the position of the "Aqwa'iyyat Sabab" (stronger cause) theory and clarifying the role of concurrent causes in determining the extent of the coercer's liability. The findings of this study indicate that in both Imami jurisprudence and the Islamic Penal Code of 2013, coercion can affect criminal liability in various ways, and the "Aqwa'iyyat Sabab" theory serves as a crucial analytical basis in determining the coercer's liability (especially in cases of complete deprivation of will) and in differentiating between the cause (sabab) and the direct perpetrator (mobasher). Furthermore, an examination of the regulations within the Islamic Penal Code of 2013, particularly the articles related to the concurrence of causes and direct perpetration, suggests that the legislator has also adopted principles similar to the "Aqwa'iyyat Sabab" theory in its approach. This research, employing an analytical-comparative methodology, not only provides a comprehensive framework for analyzing the criminal liability of the coercer in felonies but also addresses existing practical challenges. Its ultimate goal is to offer recommendations for improving judicial practice and achieving criminal justice in this domain. https://www.jaml.ir/article_729278.html Abstract Participation in global markets is one of the indicators of legal and economic development, which requires the standardization of laws and an understanding of the limitations, weaknesses, and strengths of commercial regulations. Despite Iran's high potential in the field of electronic transactions, its commercial laws currently face significant weaknesses and limitations in entering the metaverse market. This article, using a descriptive-analytical approach, examines the limitations of Iran's commercial laws in supporting the ownership of metaverse assets. The research findings indicate that the limitations of Iran's commercial laws, sometimes due to their outdated nature, sometimes due to weak technological infrastructure, and at other times due to a cautious stance, impact the protection of ownership in the metaverse. Given the importance of international legal frameworks for protecting digital ownership, decision-making institutions in Iran can work towards reforming and standardizing commercial laws by joining international treaties and identifying the strengths and weaknesses of existing regulations. Proposed measures may include participation in international treaties and currency transfer projects, as well as modernizing laws by recognizing digital assets. https://www.jaml.ir/article_730615.html The issue of inheritance is one of the most important legal issues. Every person can do anything with his property as long as he is alive. However, once he has passed away, he cannot do anything with his property. If the deceased did not make a decision about his property during his lifetime, his will will be implemented only to the limited extent determined by law. This means that even if the deceased has deprived his heirs of their share of the inheritance in his will and has given away his property, the law still does not accept this and will only allocate one-third of the property to his will. Anything more than that is no longer within the competence of the deceased and the heirs must decide on this matter. The reason for these strictures is that the rules of inheritance are mandatory rules and they cannot be violated. However, if a person bequeaths his property to someone before his death, after his death, this property will be transferred to the intended person. Therefore, individuals can make decisions about their property after death, subject to certain conditions, but there is no possibility of completely depriving heirs of inheritance. Therefore, considering the above explanations, it is clear that the issue of inheritance is one of the important topics that can be accompanied by many complexities. Due to the high sensitivity of this area, it is very important to study more about inheritance or deprivation of heirs and its ways. https://www.jaml.ir/article_730616.html In the Holy Quran, God Almighty has expressed the inheritance shares of all heirs as fractions so that they can be calculated in different cases according to the rule of algebraic addition. The importance of applying algebraic addition in the issue of inheritance is twofold: If the sum of the fractional numbers of the shares is not equal to one, but is less or more than that, the shares of the heirs can be calculated. With algebraic addition, there is no need to apply rules such as awl, ta’isib, and redd to determine the amount of deficiency or excess. With this description, the aim of this article is to discover the necessity of applying the rule of algebraic addition in dividing the shares of the heirs’ inheritance, based on the implications of the verses of the Quran. Although some studies have been written in a comparative manner between the Quran and mathematical rules, the present study has the advantage of adapting some Quranic phrases in which the sum of the fractional shares of the heirs is more than one or less than one, contrary to the popular saying, to the rules of algebraic addition from the very beginning. To achieve this goal, the present article has selected, examined and explored the necessary samples and data using a descriptive-analytical method and library and document mining tools. The results obtained show that God has prioritized the rights of children over all heirs and has determined their share more than other heirs. Except in cases where God himself has specified it. .... https://www.jaml.ir/article_730617.html Ecocide, as a new concept in the literature of international law, refers to the widespread, severe, and irreparable destruction of the environment, which is accompanied by the intent or gross negligence of its perpetrators. The spread of environmental crises on a global scale, from climate change and the destruction of biodiversity to deadly industrial pollution, has highlighted the need to rethink existing legal frameworks. In the meantime, environmental justice as a normative approach emphasizes the balance between human needs, intergenerational responsibility, and the protection of ecosystems and can provide a theoretical foundation for the criminalization of ecocide. The main question of the present study is what is the relationship between the criminalization of ecocide and environmental justice and what is its place in the framework of international crimes and its relationship to violations of international law? The aim of this study, relying on a qualitative research method based on a descriptive-analytical approach to examining existing legal frameworks, analyzes the legal dimensions and challenges arising from the identification of this crime and explains the legal consequences. In the following, the main focus is on providing practical and diplomatic solutions to prevent the repetition of this type of action at the level of the international system. The present study does not have a research hypothesis. The results of the study show that identifying ecocide as the “fifth international crime” is not only necessary to strengthen criminal protection of the environment, but also helps to promote environmental justice and ensure the rights of future generations. However, obstacles such as the resistance of governments and transnational corporations, the weakness of enforcement guarantees in international law, and the difficulty of proving the psychological elements of the crime are considered to be the main challenges to achieving this goal. https://www.jaml.ir/article_730619.html Insurance, although it has a long and historical history, has become widespread and developed as a practical and widespread institution in recent times. After the introduction of insurance to Islamic countries, the jurisprudential issues related to it were discussed and examined among Islamic jurists. The majority of current Shiite jurists have accepted insurance as an independent and valid contract, but some of them have considered its validity to be subject to its conclusion under titles such as Heba, peace, or guarantee. This view, which is considered a minority in Shiite jurisprudence, has been accepted as the majority opinion in Sunni jurisprudence. Islamic jurists have also proposed numerous contracts to explain and implement insurance within the framework of Islamic law, considering the nature of insurance, of which the Heba contract is considered one of the most important. Among Shiite jurists, Sheikh Hussein Hilli was the first person to examine in detail the conclusion of insurance under the title of Heba contract and proposed the term "Islamic insurance". Since insurance acts as a legal contract, its implementation and operational justifications must also be based on contracts, and a mere change in title cannot be a proof of its validity. Therefore, considering the jurisprudential and legal foundations, this study will examine the role of donation in Takaful and the donation model within the framework of Islamic insurance. https://www.jaml.ir/article_730620.html Restorative justice is a new approach to criminal justice that has been developed with the aim of restoring the rights of victims, reforming offenders, and repairing the harm caused by crime. Focusing on the needs of victims, offenders, and the wider community, this approach attempts to provide an opportunity for interaction, dialogue, and reparation rather than focusing solely on punishment. In traditional criminal processes, victims have played a largely passive role and their participation in the criminal justice process has been limited. However, restorative justice places special emphasis on the active role of victims in justice-seeking processes, allowing them to have their voices heard, express their feelings, and emphasize their rights and needs. This article attempts to examine the position of victims in restorative justice and analyze how they interact with offenders, legal institutions, and society. Also, various restorative justice tools and methods, such as mediation, group sessions, and compensation programs, are considered, and the impact of these measures on reducing the negative effects of crime on victims is evaluated. Based on studies and practical experiences in various penal systems, the article shows that restorative justice can provide a more conducive environment for restoring justice, developing a sense of security, and reducing psychological stress for victims. Finally, this article addresses how restorative justice can, as a complement to traditional penal processes, help strengthen social interactions and rebuild relationships damaged by crime. The presented studies indicate that restorative justice, with its focus on reconciliation and restoration, can play a key role in improving the status of victims and strengthening social justice. https://www.jaml.ir/article_730621.html Abstract With the development of new technologies, especially artificial intelligence (AI), criminal systems around the world have faced unprecedented opportunities and challenges. The use of artificial intelligence in the discovery of crime, such as metropolitan analysis, predicting crime patterns and identifying suspects, can improve the efficiency and accuracy of judicial and police institutions. However, the use of this complex technology creates significant issues in the field of contemporary criminal justice. On the one hand, AI algorithms help reduce human error, increase the speed of crime investigation and accelerate the identification process; But on the other hand, there are fundamental concerns about algorithmic discrimination, privacy violations, transparency of the process of decision -making, and procedure justice. This article first analyzes the role and function of artificial intelligence in the process of discovering the crime and then its legal, ethical and operational dimensions. Special focus is on challenges such as data bias, lack of transparency of the algorithm performance, the legal responsibility of AI -based decisions, and possible effects on the principle of absurdity and respect for the accused. Also, the present study emphasizes that unnecessary or non -critical use of artificial intelligence may lead to the weakening of criminal justice and reduces public confidence in the judicial system. In the end, suggested solutions will be offered to eliminate algorithmic bias, increase technology transparency, enact laws and regulatory agencies, and the importance of specialized training of judicial and police staff. The article emphasizes the need to pay attention to the dimensions of human rights in the development and implementation of new criminal technologies so that contemporary criminal justice can safeguard the fundamental principles of accused and criminal rights while using artificial intelligence capacities. https://www.jaml.ir/article_730622.html With the rise of modern commerce after the 19th century and the TRIPS Agreement, confidential data and information with economic value, protected by customary safeguards, are granted legal protection at national and international levels. A key challenge, however, is defining the basis of tort liability for trade secret violations, since the choice between fault-based and risk-based theories affects the burden of proof and the balance of justice between parties. This research asks: what are the foundations of civil (tort) liability for trade secret violations in Afghanistan and Iran? Using a descriptive, analytical, and comparative method, the study relies mainly on library sources. Findings show that Afghanistan, despite enacting a law on trade and industrial secrets, does not specify the basis of civil liability, making recourse to the general Civil Code necessary—where fault-based liability predominates. Similarly, in Iran, due to the absence of a specific law, general civil law provisions, especially the fault-based theory, remain the prevailing foundation for tort liability in cases of trade secret infringement. https://www.jaml.ir/article_731127.html The validity of contracts signed without full knowledge or in a state of ignorance regarding their terms is a significant issue in both Ja‘fari Fiqh and Iranian law. This study examines the validity of signature-based contracts under such circumstances and provides a comparative analysis. The research adopts a descriptive-analytical approach, relying on library studies of jurisprudential and legal sources as well as practical examples, such as banking contracts. Findings indicate that in Ja‘fari Fiqh, a contract’s validity requires genuine intent and detailed awareness of its terms; signing without such knowledge and intent renders the contract invalid. In contrast, Iranian law considers a signature sufficient as evidence of consent, making the contract legally binding. To reconcile jurisprudential principles with legal practice and ensure transaction validity, four key measures are recommended: (1) emphasizing parties’ responsibility to review and understand contract terms, (2) providing clear explanations of contract contents before signing, (3) promoting public awareness and decision-making capacity, and (4) employing supportive tools such as simplified sample contracts or digital platforms to ensure informed consent. Implementing these measures can help reduce conflicts between religious and legal standards while enhancing transparency and legitimacy in daily transactions. https://www.jaml.ir/article_731153.html This study examines the Prophetic interpretation of the Holy Quran in interaction with the political exigencies of early Islam. The main question is how the Prophet Muhammad (PBUH) explained the verses in the Meccan and Medinan periods and what role this process played in the formation of the Islamic community. The research method is descriptive-analytical, based on historical, exegetical, and biographical sources. The findings indicate that in Mecca, the Prophetic interpretation was focused on critiquing the Jahili discourse and redefining values; emphasizing monotheism, rejecting the culture of pride, and condemning idolatry, which provided an intellectual foundation for resistance against the Quraysh order. The migration to Abyssinia also exemplified the connection between divine teachings and political-security necessities. In Medina, the Prophetic interpretation took on a state-building and institutional character; actions such as the Charter of Medina, brotherhood (Mu'akhah), establishment of the Prophet's Mosque, battles, and diplomatic relations demonstrated the translation of the verses into practical politics. The conclusion is that the difference between the Meccan and Medinan interpretations reflects the political structures of each period, and understanding this requires attention to the reciprocal link between revelation and social reality. https://www.jaml.ir/article_731210.html Today, in joint-stock companies, there are methods that can lead to returns on shareholders' investments, apply certain financial and economic tools to make business transactions sweet and profitable, and make the company's shares popular and attractive in financial markets, including the stock market.Bonus shares are one of these methods and tools. Investigating the importance of dividing and allocating bonus shares and studying the application of its legitimacy from the perspective of Islamic jurisprudence and its compliance with the "rule of no harm" is the subject of this article. This research is an analytical-descriptive study and tries to explain the subject by explaining its various dimensions from a religious and legal perspective. Studies show that the stock returns of companies that pay bonus shares are booming in financial and business markets, and the distribution of bonus shares is considered a positive thing, and the stock returns of companies that distribute bonus shares are higher than those that do not implement this measure. These studies also show that the policy of distributing these shares from the profits does not cause any harm to individuals. This means that the principle of this action is not harmful and does not include the do-no-harm rule. https://www.jaml.ir/article_731344.html ABSTRACT: In my article, I investigate the complex legal hurdles linked to surrogacy, which have become more pronounced due to rapid advancements in reproductive technology and the variety of legal frameworks in different jurisdictions. I present an overview of surrogacy, outlining its categories and worldwide prevalence, while discussing how these challenges affect parentage, jurisdiction, and ethical considerations. Through an extensive review of historical legal developments, existing practices, and major legal issues, I illustrate the substantial impact scientific research has had on the progression of surrogacy laws and legal structures globally. Moreover, I analyze the rights of surrogate mothers, concerns for child welfare, and the ethical quandaries that emerge in this arena. In conclusion, I emphasize the crucial role of scientific evidence in legal decision-making and recommend directions for future research and legal reforms to ensure that ethical considerations keep pace with scientific progress. Keywords: Surrogacy, Legal Issues, Scientific Research, Ethical Considerations, Parentage https://www.jaml.ir/article_731345.html humanity has always faced a sinister phenomenon called war. The main methods of war in past centuries were face-to-face battles and the killing of the military forces of the opposing side. The dominant country, by dominating the defeated country, considered it its tributary and exploited its natural resources and human forces for its own interests. With the advancement of technology, military methods also changed and overwhelming the opposing side with the least human costs was proposed as a desirable war strategy. However, "water" has long been one of the main tools in domestic and international wars and struggles. Undoubtedly, water weapons cause sometimes irreparable damage to the environment and are subject to legal and criminal responsibilities. Although at first glance, the victim of this is the environment and the opposing side of the war, sometimes its consequences are such that the victim of this act can be considered humanity.Analytical-descriptive research method using library and other available sources. The use of water as a weapon in armed conflicts can be used to commit international crimes, including war crimes. In the event of war, the use of weapons that are prohibited by international treaties is considered a war crime, although the Statute of the International Criminal Court, as the first document that explicitly foresees the criminal responsibility of individuals for committing criminal acts in armed conflicts, can be a factor in punishing perpetrators under certain circumstances. Also, the potential of bioterrorism is an undeniable threat in the water debate that should be given special attention from various aspects, including security, politics and health. https://www.jaml.ir/article_731425.html The phenomenon of economic corruption at the macro level is a problem that dates back to the history of governments and exists more or less in all societies and to varying degrees. The costs imposed by such crimes on society and the government, especially in developing economies, have caused everyone to emphasize combating the phenomenon of economic corruption. This phenomenon has various consequences and dimensions that will manifest and emerge in the fields of politics, culture, economy, administrative system, etc., and in a way disrupts and disorganizes each of the aforementioned areas. It should be said that this complex and multidimensional phenomenon has multiple causes and effects and, in different situations, sometimes manifests itself as a structural problem in politics or economics and sometimes as a cultural and individual moral issue, and in any case, it can expose the country to dangers. In this article, some ideas and issues about macro economic corruption have been raised that result from discussions and conversations between experts in this field. Suggestions are also made for the benefit of achieving economic reform measures and preventing macro-corruption, because merely discussing the issues and problems of economic corruption will not be fruitful. https://www.jaml.ir/article_731426.html The issue of abrogation (naskh) in the principles of Islamic jurisprudence (Usul al-Fiqh) is a key topic for understanding the Quran and the Sunnah. It has been debated since the early days of Islam, with various definitions provided for it. Some define it as the lifting of a Sharia ruling by a subsequent divine address, others as the specification of the termination period of the initial ruling by a subsequent address, while some define it as the qualification of an absolute ruling, the specification of a general ruling, or the clarification of an ambiguous ruling. An examination of these definitions has shown that abrogation in the sense of the complete lifting of a ruling is only exemplified in the change of the qiblah (direction of prayer). In contrast, abrogation meaning the specification of a ruling's duration is seen in cases such as the alleviation in warfare (reducing the obligation for one Muslim to fight against ten disbelievers). Furthermore, many instances presented as abrogator (al-nasikh) and abrogated (al-mansukh) are, in reality, examples of qualifying an absolute ruling, specifying a general ruling, or clarifying an ambiguous ruling. The research findings indicate that most scholars of Usul al-Fiqh have accepted the abrogation of the Quran by the Quran, the Quran by the Sunnah, the Sunnah by the Sunnah, and the Sunnah by the Quran. However, Imam Al-Shafi'i does not accept the abrogation of the Quran by the Sunnah. Important findings of this research include the limitation of the scope of abrogation to legislative rulings and its non-applicability to the divine attributes. The research method employed in this study is analytical-descriptive, analyzing the definitions of abrogation and applying them to Quranic and narrative examples by examining the opinions of jurists and scholars of Usul al-Fiqh. https://www.jaml.ir/article_731563.html According to the rule of reason and what is obtained from valid jurisprudential evidence, every person has dominion and ownership over his property and assets and can interfere with it and no one has the right to prevent him from disposing of his property. On the other hand, some people have acquired illegitimate property through usurpation, theft, embezzlement, establishing places of corruption, etc., and according to history, the Pahlavi dynasty is a clear example of people who have plundered and plundered the property of many people. In Islamic jurisprudence, there are solutions to achieve lost rights and lost property, one of which is "retaliation". This article, using a descriptive and analytical method and with an ijtihad approach to the evidence and words of jurists, has examined the jurisprudential basis for the confiscation of the property of the Pahlavi regime's associates, and seeks to resolve the apparent contradiction between the two rulings of "legitimacy of private ownership" and "permissibility of confiscation of property." Based on the results obtained from examining the verses, narrations, and the conduct of the wise, the jurisprudential basis of the decree of the great leader of the revolution, Imam Khomeini (may Allah have mercy on him), regarding the confiscation of the property of this family, was based on the principle of "retaliation" and the return of illegitimate property to its original owners or the Muslim treasury. https://www.jaml.ir/article_731564.html Addressing the important issue of the Islamic lifestyle without analyzing legal, judicial, and executive solutions will continue to cause problems in the implementation phase. In this study, we will use a descriptive-analytical method to examine the position of the Islamic lifestyle in Iranian law. In examining the role of the powers, in accordance with jurisprudential standards and the stipulation of the constitution, it is essential to observe Islamic standards in legislation, law enforcement, and judgment The legislature plays an important role in lawmaking and oversight in this regard. The executive branch also plays the enforcer of laws, the drafter of executive regulations, and the drafter of legal bills. The judiciary can play a role by issuing judicial decisions with an approach to the Islamic lifestyle, by accepting Islamic customs other than social customs.The proposal for existing laws and the process of lawmaking, reform, and the approach of judicial authorities should be based on the Islamic lifestyle, and law enforcers should strive to develop the Islamic lifestyle by properly implementing laws, drafting regulations, and presenting bills. https://www.jaml.ir/article_731565.html In Islamic law, the right to divorce is recognized as a legitimate right for the husband, but under certain circumstances, this right may In Islamic jurisprudence, the right to divorce is primarily a legal right granted to the husband. However, under specific circumstances, this right may be relinquished, either voluntarily or involuntarily. The relinquishment of the right to divorce occurs in two main forms: voluntary relinquishment and compulsory relinquishment. In voluntary relinquishment, the husband willingly forfeits his prerogative through legal instruments such as a unilateral declaration (including 'Ibra' - remission of the right - or forgiveness), granting an irrevocable power of attorney to the wife for divorce, or a stipulation within the marriage contract that transfers the right of divorce to the wife or a third party. In contrast, compulsory relinquishment occurs outside the husband's will and by the direct decree of Islamic law. This situation arises when the continuation of marital life imposes hardship and unbearable difficulty upon the wife. Among the most significant instances are the husband's inability or failure to pay nafaqah (marital support), prolonged absence, long-term imprisonment, or suffering from incurable diseases that prevent him from fulfilling his marital duties. In such cases, the wife, by proving the existence of unbearable hardship to a religious judge, can petition the court to compel the husband to grant a divorce; alternatively, the judge may execute the divorce on the husband's behalf. Consequently, although the right to divorce is initially vested with the husband, Islamic law, by providing various voluntary and compulsory mechanisms, has established the means to moderate this right and prevent the infringement of the wife's rights. https://www.jaml.ir/article_731566.html Undoubtedly, whenever a contract or transaction is concluded between the parties correctly, the primary principle is its necessity. The principle of necessity is one of the most fundamental jurisprudential rules that proves the necessity and strength of contracts until there is no reason for termination; however, the legislator and legislator have allowed the termination of a necessary contract under certain conditions by rescission and options. One of the important and challenging issues in this field is the correlation between the interaction of rescission and options with the provisions of the principle of necessity; because at first glance, termination contradicts the nature and essence of a necessary contract. Therefore, the present study has explained this relationship in a descriptive-analytical manner. The results obtained from the present study indicate that in Imami jurisprudence, rescission and options are not only not in conflict with the provisions of the principle of necessity, but are also secondary rulings that are applied to contracts in emergency situations in order to achieve justice in contracts and with the aim of preventing harm from the rightful party. The relationship of rescission with the principle of necessity is that, with the consent of the parties, it eliminates the effect of the contract from the time of rescission with respect to the future, while religious options such as the option of the assembly, embezzlement, violation of the condition, and defect, govern the provisions of the principle of necessity from the point of view of government. Therefore, rescission and options, in interaction with the principle of necessity, guarantee balance in the relations of contracts and agreements. https://www.jaml.ir/article_731581.html This article is based on the concept and basis of the guarantee of the understanding of the sold item in Islamic jurisprudence and the civil law of Iran and Afghanistan, using a descriptive-analytical-comparative method and with the aim of compensating the customer for losses. The results and findings of the research showed that the guarantee of understanding, according to the Imamiyyah jurists and some Hanafi jurists, means a guarantee; but in the civil law of Iran and Afghanistan, the guarantee of understanding is used to mean the seller's responsibility to return the price and compensate for the damage in case of taking the sold item for the right. The jurists have considered the basis of the guarantee of the price to be a void contract and the basis of compensation to be the rule of no harm, arrogance and negligence, but there is a difference of opinion among jurists about whether the basis of the said guarantee is a valid contract or not. Of course, what is correct is that the guarantee of understanding has a contractual origin and is not specific to the invalidity of the sale and the entitlement of the sold item, and the seller's obligation begins from the time of the contract. https://www.jaml.ir/article_731956.html The main objective of this study is to examine the impact of the expanding presence of Afghan nationals on the security of the Islamic Republic of Iran, especially after the Taliban came to power. This study aims to examine the effects of this presence on Iran’s political, economic, cultural, and social security. The main research question is how the increase in the number of Afghan immigrants can affect the country’s security. Sub-questions examine specific threats in the political and economic spheres as well as cultural and social challenges. The main hypothesis is that the widespread presence of Afghan nationals, along with the increase in extremism and terrorist threats, can lead to security problems in Iran. In this thesis, using theoretical frameworks related to national security and migration (Copenhagen School), the available data is analyzed. The findings show that the increase in the population of Afghan immigrants in Iran can bring about several challenges, including pressure on economic resources, increased social tensions, and cultural threats. Also, political threats resulting from the possible influence of extremist and terrorist groups have been examined as an important factor. Finally, solutions have been proposed for better management of this situation and reduction of security threats. The present study is of the realist type and the qualitative research method is documentary. In this study, library and document collection methods, examination of documents and records, interviews with experts and experts on the subject were used to collect information and it was analyzed using the analytical-descriptive method. According to the findings of the study, it was concluded that the expansion of the presence of Afghan foreign nationals in the Islamic Republic of Iran after the Taliban came to power indicates that the effects of this presence can be effective on political, economic, cultural and social security. https://www.jaml.ir/article_732033.html Ecide, as an emerging environmental phenomenon, is not only a threat to ecosystems and biodiversity, but also entails widespread violations of the human rights of present and future generations. The main question of the present study is what is the necessity of criminalizing ecocide in international criminal law for the future generation and what is the role of environmental human rights in shaping international legal frameworks? The aim of this study, relying on a qualitative research method based on a descriptive-analytical approach, is to examine and identify existing legal gaps, challenges in criminal prosecution, and limitations in international cooperation, highlighting the need for a comprehensive and multidimensional approach and explaining the legal implications. In the following, the main focus is on innovative proposals that include reforming international law, establishing an environmental compensation fund, developing global indicators, and strengthening environmental diplomacy. The present study does not have a research hypothesis. The results of the study show that the integration of human rights, environmental and criminal law can ensure the protection of future generations and create a real deterrent against ecocide. https://www.jaml.ir/article_732098.html his study, entitled “Ontological, Epistemological, and Methodological Foundations of Historical Interpretations,” examines the nature and formation of historical interpretations of the Holy Qur’an from philosophical and epistemological perspectives. The main objective is to explain the influence of historical, cultural, and social conditions on the process of interpreting and understanding the Qur’an. The central question concerns the ontological and epistemological foundations of historical interpretations and the extent to which interpretive methods in these works are related to the interpreter’s temporal, spatial, and presuppositional contexts. The research method is analytical–descriptive, based on a comparative study of exegetical and philosophical sources. The findings indicate that historical interpretation of the Qur’an is a time-bound phenomenon shaped within the social and intellectual context of the interpreter’s era, although in the interpretations attributed to the Infallibles it possesses a trans-historical dimension. Moreover, the interpreters’ faith-based and metaphysical presuppositions play a fundamental role in shaping their understanding of the text, and meaning emerges through the interaction among the author, the text, and the interpreter within the historical context. The study concludes that understanding historical interpretations requires an integrative approach combining historical ontology, religious epistemology, and hermeneutics. https://www.jaml.ir/article_732099.html The issue of conflicting texts (taʿāruḍ al-nuṣūṣ) is a fundamental topic in the science of Uṣūl al-Fiqh (Principles of Islamic Jurisprudence), playing a significant role in the process of deriving Sharʿī rulings. Imām Abū Jaʿfar al-Ṭaḥāwī, a Ḥanafī jurist and Uṣūlī scholar, addressed this issue with a distinct approach, establishing key principles for identifying, analyzing, and resolving apparent conflicts between Sharʿī texts. This research seeks to examine the causes, factors, and foundations of conflict by exploring elements such as the breadth of the Arabic language, ignorance of abrogating and abrogated texts, discrepancies in the transmission of narrations, errors by certain narrators, the illusion of conflict, conflicts arising from preserving questions rather than answers, and differences in the context and timing of the issuance of texts. The findings indicate that in analyzing conflicts, Imām al-Ṭaḥāwī, while adhering to texts and their apparent meanings, prioritizes reconciling narrations as the first course of action. If reconciliation is unattainable, he resorts to preference (tarjīḥ) and, when necessary, to abrogation (naskh). Employing a descriptive-analytical approach, this study aims to elucidate and examine the factors contributing to the occurrence of conflicting texts within the Uṣūlī methodology of Imām al-Ṭaḥāwī. By presenting a framework of factors leading to conflict in al-Ṭaḥāwī's approach, this research strives to achieve a more precise understanding of how Ḥanafī scholars engage with conflicting texts and to grasp the jurisprudential depth of this school of thought. https://www.jaml.ir/article_732364.html Abstract: In the present era, criminal justice systems are faced with numerous challenges, including the density of judicial cases, increasing litigation costs, and victim dissatisfaction. Restorative justice is a transformational and human-centered approach that, by focusing on repairing the damage caused by crime and rebuilding social relations, highlights the active participation of all stakeholders in the justice process beyond traditional approaches based on punishment. In parallel, de-judicialization, as an effective strategy to reduce the burden on the judicial system, plays a significant role in accelerating the trial process through the development of alternative dispute resolution mechanisms such as mediation. This research, with an analytical-comparative approach, examines the functions of restorative justice in the de-judicialization process in the Iranian legal system, relying on jurisprudential and legal capacities, and presents localized and operational models. The findings show that combining restorative justice with decriminalization, in addition to significantly reducing the volume of cases and litigation costs, increases victim satisfaction, reduces the rate of recidivism, and strengthens criminal justice based on human dignity, which paves the way for promoting social cohesion and realizing sustainable criminal justice within the framework of Islamic jurisprudence principles. By providing an innovative and practical framework, this research can be considered as a strategic model in reforming and rebuilding the Iranian criminal justice system and similar legal systems. https://www.jaml.ir/article_732658.html This study aims to examine the nature of breaches in electronic contracts and analyze their legal consequences within the Iranian legal system. With the rapid expansion of information technologies and the growing reliance on digital interactions, electronic contracts have become a significant part of commercial and civil relations. However, their distinctive technical and structural features introduce new challenges regarding proof, authentication, interpretation, and fulfillment of contractual obligations. This research first explores the concept and essential validity elements of electronic contracts under Iranian law, followed by an analysis of the main types of breaches, including non-performance, misinformation, technical failures, system defects, and problems related to digital signatures. The legal consequences of such breaches are then discussed in the context of contractual and tort liability, the possibility of claiming damages, evidentiary value of electronic data, and the role of judicial practice. Findings indicate that weaknesses in technical infrastructure, lack of standardized digital signatures, institutional inconsistency, and insufficient judicial expertise contribute to increased disputes and reduced reliability of digital transactions. Finally, several recommendations are presented, including the adoption of comprehensive legislation, establishment of a national platform for electronic contract registration, enhancement of digital signature mechanisms, and development of electronic dispute resolution systems. https://www.jaml.ir/article_732659.html Breach of contractual obligations is one of the most significant challenges in the Iranian legal system, with extensive economic, social, and legal consequences. This study employs an analytical-comparative approach to examine breaches in Iranian law, judicial practice, and Shia Islamic jurisprudence, while comparing them with the legal systems of France, England, and the United States. Findings indicate that weak contract drafting, ambiguous terms, and insufficient awareness of the parties are primary causes of breaches. Iranian law and Shia jurisprudence emphasize the principles of pacta sunt servanda (fulfillment of obligations) and compensation for damages. However, Shia jurisprudence provides stronger civil and penal enforcement in cases of bad faith or intentional breach. Comparative analysis shows that specific performance, fundamental breach, and claims for diverse damages are effective approaches to reduce breaches. Judicial precedents reveal that enforcement and compensation are the main remedies, while alternative dispute resolution methods, such as arbitration, remain underutilized. Legal education and the promotion of good faith and fairness serve as effective preventive tools. The study recommends legislative reform, strengthening of enforcement mechanisms, promotion of arbitration, and integration of jurisprudential principles to enhance legal certainty, social trust, and judicial efficiency. https://www.jaml.ir/article_732660.html This comparative study examines the legal challenges and potential remedies for breaches of electronic contracts in the legal systems of Iran and the United Kingdom. The primary aim is to identify legislative and procedural gaps, assess the mechanisms for handling digital evidence, and propose legal and technological measures to enhance legal security in online transactions. The first section defines key concepts—electronic contracts, smart contracts, and digital signatures—and analyzes the role of electronic trust infrastructures in authentication and the evidentiary reliability of digital documents. The second section offers a comparative analysis of the relevant regulations and judicial practices in the United Kingdom and Iran, identifying strengths such as the UK’s dynamic case-law tradition and weaknesses such as evidentiary ambiguities and insufficient technical standards in Iran. The study further evaluates mechanisms for remedies, including compensation and specific performance, as well as preventive tools such as smart contracts, blockchain-based systems, and AI-driven fraud detection technologies. The findings demonstrate that combining technical and legal solutions is more effective than relying on isolated approaches. In conclusion, the research presents practical recommendations, including revising Iran’s E-Commerce Law, establishing technical criteria for trusted digital signatures, strengthening judicial capacity for assessing digital evidence, and expanding electronic dispute resolution mechanisms. https://www.jaml.ir/article_732664.html This research aims to explain the role of the jurisprudential rule of no harm as the basis for criminalizing crimes against public security and peace in the criminal laws of Iran and Afghanistan, using a descriptive-analytical and comparative method, and answers the question of how this rule has been crystallized in the criminal laws of the two countries as the basis for criminalizing crimes against public security and peace. The findings of the research show that the rule of no harm, based on the prophetic hadith "no harm and no harm" and the Quranic, rational and consensus support, has been the fundamental principle and the basis for legitimizing numerous criminalizations in both legal systems. Examples of this influence in the laws in question include environmental crimes, the dissemination of criminal cyber content, the dissemination of lies, forgery, arms and drug trafficking, computer crimes, and serious crimes such as war and corruption on earth. The purpose of these criminalizations is to avert harm and prevent individual and social harm that threatens security, comfort, health, and public order. Finally, this research shows that the no-harm rule has a function beyond civil rights and, as a reasoned and dynamic standard, has provided Iranian and Afghan legislators with the necessary capacity to respond to emerging threats such as cybercrime. https://www.jaml.ir/article_733039.html Medical confidentiality has long been recognized as one of the fundamental principles of professional ethics and health law, playing a crucial role in maintaining patient trust and protecting privacy. However, in critical situations such as contagious diseases, life-threatening risks arising from a patient’s psychological condition, or serious threats to public health, physicians face a conflict between the principle of confidentiality and the duty to inform—a situation that places them in sensitive decision-making contexts with significant legal, ethical, and jurisprudential challenges. This study, adopting an analytical–comparative approach and drawing upon sources of Imami jurisprudence, domestic legislation, and international regulations, explores the dimensions of this conflict. The findings reveal that although the Iranian legal system emphasizes confidentiality, it lacks clear executive guidelines regarding physicians’ obligation to inform third parties. In contrast, legal systems such as those of the United States, the United Kingdom, and the European Union have established explicit regulations for exceptions to medical confidentiality. Jurisprudential analysis, based on the principle of “la Zarar” (no harm) and the obligation to preserve life, also justifies disclosure of information in emergency situations. The overall conclusion indicates that enacting clear regulations, revising existing laws, developing executive guidelines, and designing supervisory mechanisms can establish a balance between protecting patients’ privacy and physicians’ responsibility toward public health. This innovation not only paves the way for reforming medical law in Iran but also strengthens public trust in the healthcare system and enhances its efficiency. https://www.jaml.ir/article_733042.html Digital extortion, as one of the emerging threats in the information technology era, has challenged individual and social security using Internet tools and cyberspace. The main question is how to deal with this type of crime, which includes threats to disclose private information, ransomware attacks, and phishing? The aim of this research is to examine the nature, methods, and strategies for dealing with digital extortion. The research method is based on a library study and analysis of legal and technical issues related to this crime. The research findings show that digital extortion forces victims to pay money or do something by threatening to disclose sensitive information or cyberattacks, and this crime can be committed directly or indirectly. Also, countermeasures include increasing user awareness, using security software, and strengthening criminal laws and the FATA police. As a result, given the growth of technology and the increasing complexity of cyberspace, effectively combating digital extortion requires interagency cooperation, continuous training, and updating security laws and technologies in order to prevent the financial and psychological harms of this crime. https://www.jaml.ir/article_733043.html Reason, as one of the fundamental sources of religious epistemology, has long been a point of attention as well as disagreement among theologians. Shaykh al-Mufīd, one of the foremost Imāmī scholars, adopts a rationalist approach in which reason plays a central role in the derivation of legal rulings, and he rejects the unconditional acceptance of transmitted reports. In contrast, Abū Ḥanīfa, relying on analogical reasoning and rational deliberation alongside the textual sources, assigns a distinguished place to reason within his legal system so much so that his school became known as ahlal-ray and is regarded as a prominent expression of juridical rationalism among Islamic legal traditions. Findings of the study indicate that Shaykh al-Mufīd considers reason to be an independent source not only in the domain of doctrine but also in practical rulings, and at times deems it supervisory or even superior to transmission. He employs reason to assess the probative value of scriptural texts, to accept or reject solitary reports, and to analyze theological issues. In contrast, while Abū Ḥanīfa acknowledges the authority of reason in doctrinal matters, he confines its role in legal rulings to the framework of revelation through methodological tools such as qiyās, istiḥsān, and considerations of public interest. Using a descriptive–analytical method and library-based sources, the study concludes that although both scholars employ rational approaches in jurisprudence, Shaykh al-Mufīd positions reason as a supervisor over transmission, whereas Abū Ḥanīfa employs it as an instrument operating within the bounds of transmitted evidence. https://www.jaml.ir/article_733044.html This study examines the status of religious minorities in light of Quranic anthropology and the implications for their civil rights. The main issue is how the fundamental teachings of the Quran, including the inherent dignity of man, common nature with moral responsibility, and the position of man as the bearer of divine trust, can provide a theoretical framework for analyzing the rights and duties of minorities in Islamic societies. The research method is qualitative and based on interpretative-conceptual analysis; data were collected from Quranic verses, narrations, the life of the Prophet and Imams, jurisprudential and legal texts, as well as international human rights documents and critically examined. The findings show that religious minorities, like the majority, enjoy fundamental rights such as the right to life, security, freedom, and social participation, while their social responsibilities also include observing justice, loyalty to social contracts, and adherence to the law. The innovation of the research is that, by focusing on the anthropological foundations of the Quran, it offers a framework that integrates religious teachings and civil rights principles, which has the potential to be synergistic with international standards. As a result, it is possible to propose a policy model to ensure equal rights for minorities along with social responsibilities; a model that strengthens justice, solidarity, and civilizational interaction in multi-religious societies. https://www.jaml.ir/article_733046.html This study aims to analyze the Quranic foundations of *Jihad al-Tabyin* and examine the perspectives of Sunni and Shia exegetes on this concept. It explores the epistemological, ethical, and social roots of *Jihad al-Tabyin* within the Quranic verses. The central question of the research is: what position does *Jihad al-Tabyin*, as one of the most important religious duties in today’s complex cultural and media landscape, hold in the Qur'an, and how have Muslim commentators interpreted it? The research method is descriptive-analytical with a comparative approach. Based on content analysis of the relevant verses and interpretive viewpoints, the study seeks to highlight the areas of convergence and divergence in understanding this concept. The findings indicate that *Jihad al-Tabyin* in the Quran is grounded in principles such as clarifying the truth, establishing proof, countering distortion, and avoiding deliberate concealment. It holds a transhistorical and civilizational dimension. Despite theological differences, both Shia and Sunni exegetes agree on the necessity of accurate, scholarly, and responsible elucidation of the truth to preserve faith, intellectual security, and the unity of the Muslim ummah. This research demonstrates that within the Quranic framework, *Jihad al-Tabyin* is not merely a form of religious propagation, but part of the prophetic mission and a continuous strategy for safeguarding the religious identity of the Islamic society.** https://www.jaml.ir/article_733047.html Background and purpose: Unmanned aerial vehicles are a relatively new and emerging phenomenon in the international system. Since 1960, military forces of various countries have used unmanned aerial vehicles for their own purposes. Unmanned aerial vehicles are aerial vehicles that use aerodynamic forces to fly. Therefore, this study was written with the aim of exploring the solutions for separating military and civilian possibilities in the field of using unmanned aerial vehicles. Methodology: This study, relying on a qualitative research method based on a descriptive-analytical approach, emphasizes the impact of the importance of preserving civil and human rights during armed conflicts and the reasons for further restrictions on the use of unmanned aerial vehicles in civilian situations and the targeting of civilians from the perspective of international law. Findings and conclusions: Unmanned aerial vehicles can be remotely guided and controlled, or they can fly automatically and based on a predetermined program or intelligent systems, day and night. One of the prominent features of unmanned aerial vehicles is their ability to be armed with lethal weapons. Given that drones are remotely guided and there is no pilot on the battlefield who can directly monitor the situation, it is very important to observe the principle of separation between military and civilians by unmanned aerial vehicles. https://www.jaml.ir/article_733049.html The settlement of administrative disputes, as one of the fundamental pillars of administrative law, plays a crucial role in ensuring justice, promoting accountability, and strengthening the legitimacy of governance. The effectiveness of dispute resolution mechanisms not only enhances public trust and reduces administrative grievances but also contributes to the consolidation of social capital and the reinforcement of the legal order. In the Iranian legal system, institutions such as the Administrative Justice Court, quasi-judicial commissions, and internal mechanisms within executive bodies constitute the core framework for resolving administrative disputes, with a particular emphasis on judicial and quasi-judicial approaches. In Iraq, given the legal structure and the unique political experiences following 2003, administrative boards, tribunals, and oversight bodies seek to strike a balance between administrative efficiency and the protection of citizens’ rights. Using a descriptive–analytical method, this study concludes that strengthening administrative dispute resolution institutions, ensuring transparency in adjudicatory processes, and guaranteeing citizens’ access to administrative justice can significantly enhance the legitimacy of governance in both Iran and Iraq. Furthermore, designing participatory and non-adversarial mechanisms such as mediation and administrative arbitration, alongside effective judicial oversight, are key factors in reducing conflicts and improving the efficiency of governance systems. https://www.jaml.ir/article_733051.html Abstract:The rapid expansion of Artificial Intelligence (AI) and its growing presence in the field of Islamic sciences have raised new questions regarding the functions, limitations, and implications of this technology in the structuring of jurisprudential data and the facilitation of legal reasoning (istinbāṭ al-aḥkām). This study aims to clarify the nature of AI’s operative functions in Islamic jurisprudence, the rationale for employing it in the face of vast and dispersed fiqh literature, and the methodology for its proper integration within the process of ijtihād. Employing a descriptive–analytical approach and drawing on documentary and library-based sources, the research examines the technical capacities of AI—such as Natural Language Processing (NLP), Machine Learning (ML), and Knowledge Graphs—alongside its epistemic and jurisprudential constraints. The findings indicate that AI contributes significantly on three levels:1. the organization, structuring, and taxonomical classification of fiqh texts; 2. the analysis of inferential patterns and retrieval of evidentiary sources; 3. assistance in subject-matter analysis (mawḍūʿ-shenāsī) for emergent issues. Nevertheless, due to its lack of malakat al-ijtihād (the juristic faculty), its inability to grasp the objectives of the Sharīʿa, and its limitations in detecting subtle uṣūlī nuances, AI cannot function as a substitute for the jurist. Moreover, ethical and jurisprudential assessments demonstrate that the use of AI must remain conditioned upon principles of justice, transparency, accountability, and the preservation of authoritative sources of legislation. The study ultimately concludes that AI may serve as an auxiliary—but never a replacement—within the jurist’s toolkit. By introducing order into complex data corpora and accelerating analytic processes, AI has the potential to meaningfully enhance the practice of ijtihād. https://www.jaml.ir/article_733072.html Abstract The expansion of generative artificial intelligence and its capacity to produce literary, artistic, and scientific works has confronted the traditional structure of intellectual property with fundamental questions. The central issue of this research is how works resulting from algorithmic processes and lacking direct human creativity can be evaluated from the perspective of Imami jurisprudence and the Iranian legal system, and to whom the attribution of their economic and moral rights can be justified. To this end, jurisprudential rules such as the principles of dominion (tasallut), respect for property, no-harm (la zarar), grounds of liability, and the presumption of validity are analyzed in order to clarify the extent to which these principles can be adapted to emerging technological phenomena. In the legal section, existing laws—including the 1969 Law for the Protection of Authors’ Rights and regulations on translation, reproduction, and software—are examined to assess their capacity to support works jointly produced by humans and artificial intelligence. The findings indicate that although jurisprudential foundations and Iran’s legal frameworks possess certain capacities to support this category of works, significant gaps remain in determining authorship, the scope of protection, and legal liability. Based on this analysis, a model is proposed that places the human designer or system supervisor at the center of rights attribution, while simultaneously preventing excessive technological monopolization. The conclusion is that integrating jurisprudential principles with contemporary intellectual property doctrines can provide a credible basis for regulating AI-generated works; however, the need for specialized and transparent legislation remains pressing. This research has been conducted using a descriptive–analytical method, relying on documentary research drawn from library resources, scholarly articles, and statutory laws. https://www.jaml.ir/article_733073.html Marriage, as the most fundamental institution of family law, plays a crucial role in consolidating social ties and the family foundation; nevertheless, continuation of that relationship may at times be impossible due to particular defects or violations, and the legislator has therefore provided rescission (fasakh) of marriage as an exceptional and protective remedy. The importance of this institution is heightened by the fact that, in many cases, the wife is more exposed to harm than the husband, making an examination of the extent to which the law protects her indispensable. This study investigates the status of the wife in marriage rescission and assesses the effectiveness of protective regulations. Using a descriptive–analytical method and drawing on jurisprudential sources, statutory law, and the views of legal scholars, the research finds that Article 1122 grants the wife the right of rescission by identifying certain defects in the husband; however, comparison with Article 1123 shows that the range of defects attributable to the wife is broader, creating an imbalance between the spouses’ rights. Furthermore, in cases such as severe or incurable illnesses or significant disabilities of the husband, there is no explicit textual provision to protect the wife, and relief can only be sought indirectly through Article 1130 and the doctrine of hardship (ʿusr wa-ḥaraj). Accordingly, the study’s findings indicate the necessity of revising the regulations, expanding the scope of recognized defects, restoring balance between spouses’ rights, and harmonizing the law with social and medical developments in order to strengthen the protective position of the wife and realize justice in Iran’s family law. https://www.jaml.ir/article_733080.html Abstract Modernism and the renewal of jurisprudence, which focus on revising traditional jurisprudence and establishing connections with significant civilizational developments, indicate a dynamic jurisprudence. The constants and variables of religion are two central elements that determine the scope of areas of jurisprudential modernism. Jurisprudential modernism depends on the extent of variables in each school of jurisprudence. The question now is: what are the requirements for jurisprudential renewal and the capacities for jurisprudential modernism in the Hanafi and Ja'fari schools? This study, using a descriptive-analytical method and relying on library resources, examines this issue. The aim of this research is to qualitatively explain innovation and jurisprudential renewal, based on the renewal algorithm of the Hanafi and Imamiyyah schools of thought, considering the indicators and components of the two sects. Among the findings of this study is the discovery and identification of the requirements for jurisprudential renewal, such as opening the door to ijtihad, renewing the vast jurisprudential heritage, making ijtihad consultative, reforming renewal methods, and recognizing the capacities for modernizing jurisprudence within each of the Hanafi and Imamiyyah schools. In this context, the reasoning-oriented approach to ijtihad, hypothetical jurisprudence, and validating newly arisen issues are among the capacities for jurisprudential renewal in the Hanafi school, while components such as opening the door to ijtihad, the necessity of following a living jurist, and rational evidence are among the capacities for jurisprudential renewal in the eyes of the Imamiyyah school. This research, conducted using a library-based method and in a descriptive-analytical manner, shows that the components of the two religions have significantly increased the capacity of these two currents in jurisprudential reconstruction and innovation, providing them with the necessary potential for unity of opinion and practice on the general aspects of the subject. Keywords: Modernism, Jurisprudential Renewal, Dynamic Jurisprudence, Hanafi School, Ja'fari School. https://www.jaml.ir/article_733314.html This research conducts a comparative study of the rulings regarding the guardianship of orphaned children under two systems: Imamiyyah jurisprudence and Iranian law, and Hanafi jurisprudence and Afghan law. The primary issue is identifying the points of commonality and divergence between these two systems concerning the conditions, legal effects, and implementation methods of this institution. The research employs a descriptive-analytical method, utilizing library-based data collection. The findings indicate that both systems share common ground in general principles, such as the necessity of considering the child's best interests, the non-automatic creation of kinship (mahramiyat) except through legally recognized breastfeeding (rida' shar'i), and the supervisory role of the judicial authority. However, differences exist in the details: the conditions for guardians (such as age requirements and religious affiliation) are more explicit in Afghan law; the prioritization of applicants is more detailed in Iranian law, while in Afghanistan it is more flexible and subject to the judge's discretion; and the legal procedures in Iran, governed by specific legislation, are more unified.tion of kinship (mahramiyat) except through legally recognized breastfeeding (rida' shar'i), and the supervisory role of the judicial authority. However, differences exist in the details: the conditions for guardians (such as age requirements and religious affiliation) are more explicit in Afghan law; the prioritization of applicants is more detailed in Iranian law, while in Afghanistan it is more flexible and subject to the judge's discretion; and the legal procedures in Iran, governed by specific legislation, are more unified. Ultimately, the common goal of both systems is to provide protection and uphold the dignity of the orphaned child. irbgu urydgw irgg hrbwu https://www.jaml.ir/article_733586.html The phenomenon of employing proxy forces in contemporary conflicts has become one of the major legal and jurisprudential challenges at both national and international levels. Adopting a descriptive–analytical approach, this study re-examines the foundations of legitimacy and the scope of responsibility arising from the actions of proxy forces from the perspectives of Imami jurisprudence, Iran’s domestic criminal law, and international criminal law. It seeks to clarify the extent of convergence or divergence among these three legal systems in addressing this phenomenon. The findings indicate that Imami jurisprudence recognizes the legitimacy of using proxy forces only in situations of genuine threat and for the defense of the Islamic community, while holding the directing authority responsible and liable for resulting harm under principles such as la darar (no harm), causation, and shared liability. In Iranian criminal law, the doctrines of causation and the distinction between direct perpetration and indirect causation allow for the attribution of responsibility to states supporting proxy forces, and the rules governing multiple causes prevent the exclusion of liability. In international criminal law, individual criminal responsibility, command responsibility, and the rules on attribution of conduct of non-state actors to states render both proxy forces and their sponsoring states accountable. Overall, while all three systems acknowledge the conditional legitimacy of employing proxy forces, none absolves the responsible actors from liability arising from their actions. https://www.jaml.ir/article_733591.html Abstract: This study adopts a comparative approach to analyze the relationship between the "principle of the non-restrictive nature of contracts" and "contractual freedom" in the two jurisprudential schools of Imamiyyah and Hanafi, and its reflection in the legal systems of Iran and Afghanistan. The primary objective of the research is to elucidate the capacities within these two jurisprudential traditions for accepting indefinite and emerging contracts, within the framework of adhering to imperative texts and public order.This research has been conducted using a descriptive-analytical method and through a comparative study of classical jurisprudential texts, civil codes, and legal literature of both countries. The findings indicate that in Iranian law, this capacity has been solidified through the explicit provision of Article 10 of the Civil Code, enabling the formulation of novel agreements, including electronic and smart contracts. In contrast, in Afghan law, despite the existing foundations of freedom of contract, the lack of clear legislative stipulation and complementary rules has made the practical application of new contracts more challenging.The originality of this article is manifested in establishing an explicit link between jurisprudential foundations and legislative solutions. Accordingly, for Iran, it is proposed to explicitly stipulate the rule of interpretation prioritizing the common intention of the parties and referring to specific custom in case of ambiguity, alongside recognizing electronic and smart contracts with clear evidentiary effects. For Afghanistan, the explicit incorporation of the principle of freedom of contract based on the model of Article 10 of the Iranian Civil Code and the recognition of these contracts while observing religious constraints is recommended. https://www.jaml.ir/article_733879.html Rapid advances in artificial intelligence (AI), as a transformative technology, have profoundly affected various aspects of human life and generated deep cultural, ethical, and epistemic challenges for religious societies. This study aims to provide a critical analysis of the challenges arising from the confrontation between machine-based thinking and religious rationality. Adopting a descriptive–analytical method and drawing on authoritative jurisprudential sources as well as interdisciplinary studies, the article examines the epistemic limitations of artificial intelligence in understanding religious texts and the cultural consequences of the dominance of non-indigenous technologies. The findings indicate that the mechanical nature of AI faces serious limitations in grasping the multilayered, symbolic, and metaphorical dimensions of sacred texts such as the Qurʾan, and may lead to the weakening of intellectual autonomy and the emergence of a crisis of religious identity. This epistemic reductionism stands in contrast to the Qurʾanic emphasis on rational reflection and critical thinking. In response to these challenges, the article argues that the Islamic jurisprudential–ethical framework—particularly the principle of Nafy al-Sabīl (the negation of domination)—can serve as a foundational strategy for regulating and localizing artificial intelligence. The study concludes that in order to safeguard cultural and spiritual values, continuous human oversight and religious ijtihād in the development and application of artificial intelligence are both essential and unavoidable. https://www.jaml.ir/article_734103.html Annulment of marriage due to defect is one of the fundamental institutions of family law, whose origin lies in Imamiyyah jurisprudence, and which has been coherently regulated in the Iranian Civil Code through the adoption of jurisprudential foundations. This study, adopting a jurisprudential–legal approach, analyzes the concept of defect, its scope and instances, as well as the legal effects arising from the annulment of marriage due to defect within the Iranian legal system. The importance of this discussion stems from the fact that the existence of effective physical or psychological defects in one of the spouses may disrupt the philosophy and essential functions of the marriage contract—such as tranquility and affection, fulfillment of legitimate needs, procreation, and the preservation of the moral order of the family—and render the continuation of the contract burdensome and harmful for the other party; a situation that is incompatible with established jurisprudential principles, particularly the rule of la darar wa la dirar (no harm and no harassment). The present research has been conducted using a descriptive–analytical method and a comparative study of authoritative sources of Imamiyyah jurisprudence and the provisions of the Iranian Civil Code. The findings indicate that Imamiyyah jurisprudence defines defect as any deficiency or flaw that removes a person from the normal and sound state of creation and prevents the realization of the objectives of marriage. This foundation is directly reflected in Articles 1121 to 1123 of the Iranian Civil Code, whereby the legislator, by distinguishing between common defects, defects specific to the husband, and defects specific to the wife, has recognized the right of annulment of marriage for each party in specified cases. This approach demonstrates the legislator’s effort to establish legal balance between the spouses and to protect the injured party within the framework of Islamic and legal standards. https://www.jaml.ir/article_734107.html The emergence of cryptocurrencies as a novel class of blockchain-based digital assets presents profound challenges to existing legal and jurisprudential frameworks. This study aims to analyze the feasibility of designating these assets as either the subject matter (Mabi') or the price (Thaman) in contracts under Imami jurisprudence and Iranian positive law, and to delineate the resulting legal implications. Employing a descriptive-analytical methodology, the research is grounded in doctrinal and legislative analysis.The findings indicate that within Imami jurisprudence, by expanding the conventional concept of property (mal) and invoking foundational principles such as "Taslit" (dominion) and the presumption of contractual validity, cryptocurrency transactions can be deemed permissible. This permissibility is contingent upon avoiding excessive uncertainty (Gharar) and usury (Riba), thereby treating them as a form of intangible, credit-based property. In the Iranian legal context, despite a legislative vacuum, a broad interpretation of statutory terms governing "property" and "goods," supported by the core principle of party autonomy (Article 10, Civil Code), provides a basis for validating such agreements under either nominate contracts (e.g., sale, settlement) or innominate contracts.The primary legal consequences of this recognition involve the application of standard contractual mechanisms such as options for defect and fraud, the enforcement of breached obligations, and critically, the activation of anti-money laundering (AML) and tax compliance regimes. The article concludes that the enactment of a comprehensive regulatory statute is an urgent necessity to definitively establish the legal, supervisory, and fiscal status of cryptocurrencies in Iran, thereby addressing prevailing ambiguities and mitigating associated risks. https://www.jaml.ir/article_734196.html The expansion of cyberspace has given rise to novel forms of intangible assets within the domain of family and child law. These assets, primarily comprising children's personal data, images, creative works, and even digital behavioral patterns, challenge traditional legal frameworks. This research aims to analyze the jurisprudential foundations for recognizing the proprietary nature of these assets and to evaluate the efficacy of Iran's legal system in protecting them. Employing a descriptive-analytical method, the study draws on data collected through library research of classical jurisprudential texts and domestic legislation.The findings indicate that within Imami jurisprudence, by invoking principles such as "La Darar" (No Harm), the prohibition of Ghībah (backbiting/defamation), and the preservation of human dignity, a right with both financial and moral dimensions can be established for a child's image rights, personal data, and creative works. In the realm of Iran's positive law, while existing statutes—such as the Law on the Protection of Children and Adolescents (2020), the Computer Crimes Law, and the Intellectual Property Law—have taken initial steps, they remain fragmented and insufficient. A significant gap persists concerning the explicit recognition of "the child's ownership right over their personal data and images."Concluding, this article proposes that future legislation, inspired by Islamic jurisprudence, should move towards drafting a "Charter of Digital Rights for the Child and Family" to establish a coherent and comprehensive protective framework. https://www.jaml.ir/article_734397.html Abstract: This research examines the methodology of discerning the objectives of Islamic law (maqāṣid al-sharīʿa) in the rulings related to marriage (nikāḥ) and divorce (ṭalāq) from the perspective of the two major Islamic schools of thought: Sunni and Shia. The significance of this study lies in the fact that understanding the methodological approaches of each school is key to comprehending the reasons behind jurisprudential commonalities and differences in family law, thereby enriching the field of comparative jurisprudence and promoting inter-school dialogue. The main objective of this article is to elucidate and compare the mechanisms, sources, and criteria employed by each school in inferring the intentions of the Lawgiver from textual evidence pertaining to marriage and divorce. The research adopts a descriptive-analytical method with a comparative approach, relying on library-based study of primary jurisprudential and legal texts from both traditions. Findings indicate that while both schools share common overarching objectives such as preserving lineage, ensuring marital tranquility, and preventing harm, they differ fundamentally in their methodological approaches. Imami (Shia) jurisprudence, relying on the teachings of the infallible Imams and rational demonstration, follows a text-based and structured methodology. In contrast, Sunni jurisprudence—particularly within the Mālikī and Ḥanbalī schools—employs a more flexible and interest-based (maṣlaḥa-oriented) approach by prioritizing public benefit and inductive reasoning across textual evidence. These methodological differences have led to distinct interpretations of rulings such as dowry (mahr), khulʿ divorce, and the boundaries of guardianship in marriage. https://www.jaml.ir/article_734593.html AbstractEconomic crimes, given their transnational nature, technical features, and structural complexities, are among the fundamental challenges in contemporary legal systems and modern criminological studies. This research aims to analytically examine and clarify the concept of "economic crime," seeking to delineate its conceptual boundaries in contrast to similar constructs such as financial crimes, administrative corruption, and property crimes. Employing a descriptive-analytical method and considering legal doctrine, jurisprudential principles, and criminological theories, this study investigates the distinguishing criteria in this domain. The findings reveal that, despite a lack of consensus on a comprehensive definition, elements such as "deceit," "erosion of public trust," and "disruption of the macroeconomic order" constitute the core of these crimes, with their consequences primarily threatening the stability of the economic system and social capital, rather than merely affecting private property. Regarding foundations, this paper, through an epistemological reading of Imami jurisprudence, traces the criminalization of such behaviors to principles such as "prohibition of wrongful appropriation of property" (ḥurmāt akli māl bi-bāṭil), "no harm" (lā ḍarar), "negation of domination" (nafy al-sabīl), and the doctrine of "preservation of the social order" (ḥifẓ al-niẓām), emphasizing the state's responsibility in safeguarding economic integrity. Furthermore, from a criminological perspective, the personality profile of the perpetrators (white-collar criminals) and their modern tools—based on expertise and privileged social positions—are analyzed.Finally, while critiquing shortcomings in the existing legislative criminal policy, the necessity of transitioning to a "differential criminal policy" is emphasized. The ultimate conclusions demonstrate that recognizing these crimes based on criteria such as "multiplicity of victims," "large-scale structural damages," and "non-compoundable nature" is essential for clarifying criminal proceedings and developing preventive protocols to protect sustainable economic security. https://www.jaml.ir/article_734674.html Dowry is defined as a woman's legal and religious right in religious and legal sources, which the man must pay to the woman as soon as the marriage contract or marital act is concluded. Delay and negligence in paying it, according to the documents of the jurisprudential rule of respect, such as the narration of Imam Sadiq (AS) "It is not right to take away the right of anyone" and the famous prophetic saying "The sanctity of his property is like the sanctity of his blood", will result in the man being entitled to punishment in the hereafter and worldly liability. Failure to pay the dowry or disposing of the property that was given to her as a dowry without her permission is a clear violation of the jurisprudential rule of respect, and the man must pay this debt at the earliest opportunity or separate the woman's share and avoid any interference with it. Based on the documents of the rule of respect, these actions of the man must be taken immediately and without delay; Therefore, if the man's negligence in paying the dowry causes damage and loss to the woman, he is obligated to compensate for it. https://www.jaml.ir/article_734678.html Islamic jurisprudence has long constituted a fundamental normative foundation for regulating economic and commercial relations within the legal system of the Islamic Republic of Iran. Nevertheless, the increasing complexity of the modern economy—particularly in financial markets and banking systems—raises a critical question as to whether Islamic jurisprudence can move beyond abstract rulings and function effectively as a framework for institutional regulation and economic governance. This study aims to examine the capacity of Islamic jurisprudence to regulate contemporary economic and commercial relations, with a specific focus on Iran’s financial and banking markets. Employing a descriptive–analytical methodology, the research draws upon conceptual analysis of Islamic economic jurisprudential principles, examination of legal and banking regulations, and a case study of Iran’s financial system. The findings indicate that the principal challenge facing Iran’s economic system is not the absence of jurisprudential norms, but rather the gap between legislative jurisprudence and executive jurisprudence. In practice, many financial instruments and banking contracts, despite their formal compliance with Islamic legal forms, suffer from functional formalism and fail to achieve the justice-oriented objectives of Sharia. The study demonstrates that core jurisprudential principles—such as economic justice, the no-harm rule (lā ḍarar), mutual consent, prohibition of usury (ribā), and avoidance of excessive uncertainty (gharar)—can, through a functional and institutional reinterpretation, be transformed into operational standards for economic regulation. Accordingly, the paper proposes a five-layered model of fiqh-based economic regulation that establishes a coherent link from jurisprudential principles to legislation, regulatory institutions, Sharia supervision, and practical implementation. This model provides a pathway for transitioning from formalistic jurisprudence toward jurisprudence-based economic governance, thereby enhancing transparency, efficiency, and justice in Iran’s contemporary economic and commercial relations. https://www.jaml.ir/article_735241.html The existence of huge oil and gas reserves in Iran, and the reliance of Iran's economy on the sale of oil in the form of a single-product economy, have made oil and gas transactions particularly important for the Islamic Republic of Iran, and dealing with the methods of promotion and Improving the quality of oil and gas sales contracts and solving the challenges and shortcomings of these types of contracts will stabilize and guarantee the interests of the Islamic Republic of Iran in the short and long term. The findings of the research indicate that the international forex market in Iran is legal and legitimate, and compared to the stock market, it has many advantages for oil traders, and it is proven that transactions in this market are not gambling or usury. Also, if they use contracts for difference or CFD in their transactions, they will enjoy more privileges. Special formalities are needed to conclude future contracts in the stock market and forex market. Keywords: e-commerce, oil futures, energy futures exchange, Iran stock market and international forex market https://www.jaml.ir/article_735440.html The confession of the accused in criminal matters is one of the most important pieces of evidence for proving a crime, which can lead to a judgment. However, the confession must meet specific conditions to be valid and admissible. These conditions include the choice, awareness, and lack of coercion of the accused at the time of the confession. Additionally, the confession must be explicit and clear, with no contradictions to other evidence in the case. If the legal conditions are met, the confession can be considered a decisive piece of evidence for proving the crime, and the judge can issue a verdict based on it. The confession of the accused in criminal matters plays a very important role as evidence for proving a crime. A confession means that the accused admits to committing the crime attributed to them. This confession can be oral or written and can occur at various stages of criminal proceedings. In the Islamic Penal Code of the Islamic Republic of Iran, ratified in 2013, the fifth section deals in detail with the evidence for proving crimes in criminal matters, which will be explained in accordance with the topic of discussion and to maintain brevity. The pieces of evidence for proving a crime are: confession, testimony, qasameh (oath), and the judge's knowledge. However, it should be noted that a confession is one...