The Position of general deterrence in Ta’ziri punishments
Godratollah
Khosroshahi
Assistant Professor, University of Isfahan
author
Mohammad Mohaysen
Aeedi
L.L.M in Criminal law and Criminology
author
text
article
2016
per
The purpose of punishment is to fight corruption and strengthen thefoundation of the social system. This purpose, however, is not achieved if itis limited to the mortal sins or sins mentioned in the Quran, and if we theyare presumed to occur less than they actually do. The other sins threaten thefoundation of the social system, paving the way for people to ride in thehighway of sins with no obstacle and fear of punishment.Thus ta’zirat (punishment having maximum and minimum limits) mustbe expanded to include, in line with the criminal policies of Islam and withthe changes of time, various types of crime. Thus when speaking ofdeterrence and Islamic punishments, it is only natural that the discussionrevolve around ta’zirat.General crime deterrence, unlike specific crime deterrence, is not onlymeant to reform criminals, but to use punishment as a threat to deter peoplefrom offending, so that people have to pay a high price for criminal breakingof laws. Hence the importance of general crime deterrence as the mostsignificant aim of ta’zirat; which is to safeguard the society and thefoundation of the social system.The valuable potential that the Shi’ite law provides for the LegalGuardian on criminal matters can help boost deterrence by punishingcriminals and dissuading the majority of the people from taking an actionnot yet started. The best proof for this claim is the fact that ta’zirat is subjectto expediency and demands of the time. This potential includes thefollowing: abandoning the rule of punishment less than the gravity of thewrong done in cases of removing corruption on earth; passing of secondaryrules and removing corruption using punishment even in cases of non-illicitacts.
Jurisprudence and Islamic Law
University of Tabriz
2821-0891
6
v.
10
no.
2016
1
27
https://law.tabrizu.ac.ir/article_4777_dda9c18dd250dcc10f003d800cdc44a1.pdf
The New Approches in Legal Aspects of Insolvency
Hossein
Simaei Sarraf
Assistant Professor, Shahid Beheshti University.
author
Mahdi
Tabatabaei
L.L.M. Student in Private Law, University of Qom
author
text
article
2016
per
According to the modern legal systems and Islamic jurisprudence, theprotection of insolvent is the necessary. But the misuse of this institutionobliges the legislators to renew the relevant provisions. Unfortunatelythe Iranian legal system can’t establish a legal system that establishesequilibrium between the rights of creditor and debtor. This article tries -by reliance on the Islamic jurisprudence - to present the new approachesto the insolvency law. We present new approaches on the three topics;the first, who must proof the claim? The burden of proof lies on TheCreditor or debtor? The Second, how the clime should prove? In otherwords, what are the evidences and proofs? The Third, what are thejudicial effects of the proving claim?
Jurisprudence and Islamic Law
University of Tabriz
2821-0891
6
v.
10
no.
2016
29
50
https://law.tabrizu.ac.ir/article_4778_3a96a0a17ded292b65f24306395a287f.pdf
Legal and juridical Studying of “The ability of Substantial
Damage because of Devaluation”
Seyyed Mohammad Sadeg
Tabatabaei
Assistant Professor of Law, Isfahan University
author
Pegah
Sarmadi
L.L.M. in Private Law, Isfahan University
author
text
article
2016
per
Changing the nature of money since the beginning of Islam andalteration from irreplaceable property (Gold and Silver) to Treasury notewhich is validated behalf of governments by credit of existent gold inbanks and also emersion of monetary crisis and recession especially inlast decades as well as birth of inflation; all of them caused the reducingof purchasing power of money which is studying in economics but alsoin law this question is one of the arguable subject in civil liability and isone of the harm elements; thus upon the wrongful act of a person, thevalue of money of another person reduces which is called “devaluation”.In this article the ability of compensation has been studied in view ofjurisprudence and positive law.
Jurisprudence and Islamic Law
University of Tabriz
2821-0891
6
v.
10
no.
2016
51
74
https://law.tabrizu.ac.ir/article_4779_d24c25dfab6c9d490f36a522b7811328.pdf
Identity Theft
Morteza
Tabibi
Assistant Professor, University of Isfahan
author
Anis
Khodadadi
L.L.M. Criminal Law, Isfahan University
author
text
article
2016
per
Identity theft is a kind of the fraud about the other’s identity; that thethief pretends with the documents of the other’s one that he is anotherperson and then he can gets to financial profits. Identity theft hasdifferent kinds: Identity cloning, criminal identity theft, Syntheticidentity theft, Medical identity theft. Every one of these kinds has itsown definition. The criminal behavior of this crime is “steeling” and itssubject is “any information of somebody else”. About the mens rea ofthis crime, beside of general intention, the criminal needs to have specialintention that this special intention means “intention to get property orfinancial profits or services”. Identity theft is look like to some classiccrimes such as “reveal of secret” and “industrial spy”. Also with respectto the crimes of Islamic punishment law such as the article 963 aboutdigital theft and article 964 about digital defraud, there is some similaritydifferences.
Jurisprudence and Islamic Law
University of Tabriz
2821-0891
6
v.
10
no.
2016
75
95
https://law.tabrizu.ac.ir/article_4780_cc93b815ca1d06c1a1e2a9e434b65d90.pdf
The Study of Judiciary Independence Position in the
Constitution of the Islamic Republic of Iran
Ali Akbar
Gorjiazandariani
Associate Professor, Shahid Beheshti University.
author
Farzin
Ghahremanzadeh Nimgazi
L.L.M. in Public Law
author
text
article
2016
per
The constitution of the Islamic Republic of Iran, that contains thefundamental principles of the Iran’s legal system; While Identificationand emphasis on the independence of the judiciary; in several clauses,seeking to assurance of judicial independence and identified some of itscomponents; like centralized judicial affairs in the judiciary andCentralized management of administrative affairs of the judiciary in theJudiciary or is seeking to strengthen it, by maintaining the Ministry ofJustice in the new system or awarding authority of Drafting judiciarybills. However, by looking at the policies carried out at lower levels,Including the general policies and laws we can see Institutions foreseenin the constitution have faced of many restrictions on Iran's legal system.
Jurisprudence and Islamic Law
University of Tabriz
2821-0891
6
v.
10
no.
2016
97
126
https://law.tabrizu.ac.ir/article_4783_4d0c655d0c388339bf45b191bdefb821.pdf
A Reflection on the Approaches Relating to the Protection
of Cultural Heritage in Islamic Public Law
Ali
Mashhadi
Associate Professor, University of Qom
author
text
article
2016
per
Nowadays, protection, conservation, rehabilitation and restoration ofcultural heritage have a great importance for communities in theeconomic, cultural, and social dimensions. In this paper we attempt toanalysis some of these approaches. The basic hypothesis of this researchis based on the belief that the jurisprudential approaches to culturalheritage in order to best protection of it needs a fundamental change. Soin the first section we refer to the importance and situation of culturalheritage in jurisprudential and legal theory of Islam. Then we attempt tocriticize and introduce the current jurisprudential approaches to culturalheritage context.
Jurisprudence and Islamic Law
University of Tabriz
2821-0891
6
v.
10
no.
2016
127
144
https://law.tabrizu.ac.ir/article_4784_e1b1deceacfa24e6f4edd15e78da5410.pdf
Heterogeneous Insemination and Kinship Relationship with
the Children of Infertile Couples in Islamic Jurisprudence
Saeed
Nazari Tavakkoli
Associate Professor, University of Tehran
author
text
article
2016
per
There are men who are unable to make their wives pregnant due tolack of sperms, scantiness of sperms or lack of sufficient motile sperms.Heterogeneous insemination is a method by which such families couldbe able to have children. One of the questions raised about the use of thismethod is the quality of the child’s relation to the donor of sperm and tothe infertile men and his wife.According to the principles and rules of Islamic jurisprudence, as aresult, the child who is born by heterogeneous insemination has onlyrelation with the donor of sperm and the woman contributing her egg andis eligible for all father-child and mother-child rights andresponsibilities. These children have no relation with the infertile men.
Jurisprudence and Islamic Law
University of Tabriz
2821-0891
6
v.
10
no.
2016
145
161
https://law.tabrizu.ac.ir/article_4785_64aca40052586fede108bd8f5a560323.pdf