Original Article
Political Science
Atiyeh Vejdani Fakhr; Javad Tahmasebi
Abstract
Background and Aim: The International Criminal Court is a permanent and independent international body which, according to Article 5 of the Statute, deals with four categories of crimes, namely genocide, crimes against humanity, war crimes, and crimes of rape, in the territory or by state citizens that ...
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Background and Aim: The International Criminal Court is a permanent and independent international body which, according to Article 5 of the Statute, deals with four categories of crimes, namely genocide, crimes against humanity, war crimes, and crimes of rape, in the territory or by state citizens that may be exercised within the Court’s jurisdiction. Given the heinous crimes committed by ISIL members in the governments’ territory of Iraq and Syria, this apparently could be an issue to the Court’s jurisdiction.Research Methodology: The proposed study is analytical-descriptive in terms of its application and has been conducted by using library-based resources of laws and regulations, in particular the Statute of the Court.Results and Conclusion: The present article has investigated the possibility of applying judicial solutions to the International Criminal Court in investigating the crimes of the terrorist group ISIL as one of the most prominent Selfi -Takfiri groups and has concluded that based on the Court’ statute and due to the inability of the competent domestic courts, the International Criminal Court has jurisdiction over ISIL both in terms of universal jurisdiction and complementary jurisdiction.
Original Article
Private Law
Asad Mahdavi Rad; Ahmad Khosravi
Abstract
The power of attorney contract is an award contract and depending on the duties, the contract of the deceased is terminated or terminated. One of the ways to terminate the power of attorney contract is for the client to dismiss the lawyer from performing the power of attorney case. Individuals in their ...
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The power of attorney contract is an award contract and depending on the duties, the contract of the deceased is terminated or terminated. One of the ways to terminate the power of attorney contract is for the client to dismiss the lawyer from performing the power of attorney case. Individuals in their social relationships can act to achieve some of their goals through advocacy. Article 679 of the Civil Code states: The client can dismiss a lawyer at any time, unless the power of attorney or non-dismissal is stipulated in the necessary contract. Since the power of attorney contract is one of the permissible contracts and can be terminated at any time and without a valid reason, it has caused the parties to not agree with the contract. Irrevocable, some people have turned to power of attorney without resignation or power of attorney without resignation. Power of attorney is power of attorney that the client does not have the right to dismiss. Then, the validity of non-dismissal power of attorney, methods of creating non-dismissal power of attorney and its effects have been examined. Information is filing.
Original Article
Criminal Law and Criminology
Massoumeh Dalili; Mohammad Reza Elahimanesh
Abstract
Considering the history of punishments in law throughout history, the death penalty is the most severe type of punishment that has been imposed and has been executed in various ways. Looking at the current laws, this punishment exists in our penal code under different headings. One of the topics under ...
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Considering the history of punishments in law throughout history, the death penalty is the most severe type of punishment that has been imposed and has been executed in various ways. Looking at the current laws, this punishment exists in our penal code under different headings. One of the topics under which the death penalty is imposed is the issue of Hodud. Hudud are also punishments that are considered for some important sins, the type, amount and quality of which are determined by the holy shari'a in the book and tradition. Considering that after the Islamic Revolution, one of the sources of legislation in our country is jurisprudential books, in this article, we examine the jurisprudence and law, the basis and criteria for determining the death penalty for crimes subject to hadd, and on the one hand, comments Various and famous jurists are discussed and examined, and on the other hand, certain crimes subject to execution are investigated according to the Islamic Penal Code adopted in 2013.
Original Article
Administrative Law
Mahigir Mojtaba; Zahra Asadi; Amir Yarhosseini
Abstract
Administrative regulation is the general applicable rule of an administrative body that implements or interprets a law or policy. The purpose of this study is to investigate the principles governing the transformation of employment status in the light of the rulings of the Court of Administrative Justice, ...
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Administrative regulation is the general applicable rule of an administrative body that implements or interprets a law or policy. The purpose of this study is to investigate the principles governing the transformation of employment status in the light of the rulings of the Court of Administrative Justice, which was analyzed by the library method and by reviewing existing documents. The results show that: Employment has always been one of the biggest issues that occupy the minds of people and this is the importance of guaranteeing the rights of the individual in It shows the equality of the administration well and there should be a reference to guarantee and defend this right of the individual. According to Article One Hundred and Seventy-Three of the Constitution, this is one of the duties of the Administrative Court of Justice; It does this. Given the jurisdiction of the Administrative Court of Justice to hear the employment claims of government employees and the multiplicity of employment claims raised in this Court, the General Board of the Administrative Justice Court's rulings as a judicial procedure as one of the important sources of employment law, especially in changing the situation Recruitment from a service purchase contract is considered as a formal test and a formal test, which is necessary for the managers of the executive apparatus and all government employees to analyze and recognize the votes of the General Assembly of the Court of Administrative Justice.
Original Article
Jurisprudence and the Essentials of Islamic Law
Yousefi Tayabeh
Abstract
Background: Doubtless, revival and implementation of two significant and recommended principles of Islamic religion, namely “do the good” and “forbid the evil” in all areas and facets of life, especially in economy, are highly effective in this process. In Islamic economic system, ...
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Background: Doubtless, revival and implementation of two significant and recommended principles of Islamic religion, namely “do the good” and “forbid the evil” in all areas and facets of life, especially in economy, are highly effective in this process. In Islamic economic system, the motivation of economic affairs is the God’s pleasure and the goal; economic health of the individual, the family, and community are on the way to realize social justice and real installments.Materials and Methods: In this study, all the articles published in Persian until the autumn 2022 were examined based on do and don’t economic instances in the Quran and hadiths. These articles were searched through databases, Research Institute of Islamic Sciences and Culture, Astan Qods Razavi Research Foundation, sid.ir, Islamic Jurisprudence Quarterly and Civilica publications, Private Law Research Quarterly, and have been obtained by using some keywords such as do and don’t economic affairs, quint, religious tax, usury, and fraud in the transaction that have further been extracted from the above-mentioned articles and websites from reputable scientific journals.Results: In Islamic economic system, the good economic affairs have been established to raise the welfare level of the needy, economic balance, and establish social justice. From the Islamic jurisprudence viewpoint, the position of financial resources for economic, social, and political growth and progress is a prominent and decisive position; just as development is a fundamental position. However, each of these two sources of worship and economy has their own places in Islamic society, and based on expediency and benefits, they are obligatory in some cases and recommended in others. If this category is properly institutionalized in society and the public observe its effects and achievements, they will doubtless turn to the good economic ones in jurisprudence.
Original Article
Criminal Law and Criminology
Atiyeh Vejjani Fakhr; Fatemeh Elahi Manesh; Mohammad Reza Elahi Manesh
Abstract
Our country's legislator has included the instance of provisional and educational measures in Islamic Penal Code approved in 2013 with great extensive changes. Thus, in this law, it has initially repealed security measures law approved in 1981 and has obviously recognized security and educational measures ...
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Our country's legislator has included the instance of provisional and educational measures in Islamic Penal Code approved in 2013 with great extensive changes. Thus, in this law, it has initially repealed security measures law approved in 1981 and has obviously recognized security and educational measures for children, adolescents, and the insane, and then besides most instances of the provisional and educational measures of the above law mentioned were determined as supplementary and secondary punishments, while the other cases were specified as fundamental punishments in the form of orders and measures, some of which are protective and some are educational added to the country's penalty system. The aim of provisional and educational measures with correctional, therapeutic, and educational strategies was to reduce the amount of crimes and reform them. Nowadays, with the expansion of crimes and emergence of new ones, determination of sorts of these actions and their scope expansion can be significantly helpful in judicial system. Provisional and educational measures in 2013 law are so extensive, diverse, and modern that many of them did not exist in Islamic Penal Code. Many legal articles of this law indicate the legislator's special attention to their application as well as the correction category and criminals' rehabilitation.
