Abstract:
The current research paper approaches mourning as a culture featuring various dimensions. Of course, because it is positioned inside a more general culture exercised by Shiites that is essentially part of the culture and it is very extensive and vast in terms of its scientific scope as well as regarding its social area coverage; it has influenced almost the entire aspects of Shiites’ lives.
The current study is organized as stated in the following words. First of all, the importance of the two cultural aspects of mourning is recognized and then these two aspects are explained and elaborated and finally a pathological investigation of Ashura Culture is offered. These aspects include the jurisprudential and historical issues. In the jurisprudential aspect, those works including the books, researches and dissertation are investigated that have been written in the course of history regarding the calamities and difficulties with which AHL AL-BAYT (peace be upon them) have been faced, especially the incident of Taff ; the historical aspects pertains to the Shiites feelings and the crystallization thereof in the mourning ceremonies and the aesthetics of disaster drama (passion-play) and these aspects, altogether, form the infrastructure of the thoughts governing the Ashura Incident analyses and assist the researchers in evaluations and criticisms.
 

 With the advent of information technology and communication and its great influence on human life, the use from computer and the technology corresponded with it were affected in the hands of profiteers and opportunists to carry out criminal acts. With the expansion of the growing cyber crimes and their specific and unique nature than traditional crimes, the law science is one of the most important areas that was affected by this technology and related crimes. So that was noticed lawyers and criminologists to survey the cyber space crimes. Also in Iranian society for deal with cyber crime, the computer crimes law (adopted in 1388) was enacted that is contains from two aspects of the substantive law and the procedural law. This study was paid to investigate the procedure of the computer crimes (Articles 664 to 687) that is contains of three parts the competence, collecting electronic evidence and the electronic evidence liable with descriptive and analytical method. The results of the study show that collection of the electronic evidence with legal methods is acceptable and cited beyond the borders of the involved countries because of the transnational nature of computer crime and the possibility of conflicts of competence between the countries and some problems also can use the ways such as holding periodic meetings between the countries, presentation a single definition of the computer crimes to get unique understanding than these crimes and creating a uniform judicial practice, upgrade the training of judicial authorities in the field to more trading to cyberspace and the use of the specific methods to collecting electronic evidence and prevent destruction of evidence in this intangible space, coagulation of the treaties and bilateral and multilateral agreements between the countries adjusted for judicial cooperation and set the fittest country to better and more effectively to these crimes.

 One of the proposed issues in the Fiqh and Islamic law is the association of two or more factors incurring the damage. In the Islamic Fiqh, it is considered as interference caused liability and on this basis, it brings the association of cause and steward and association of stewards and causes into play. The general rule for the association of cause and steward is the liability of steward unless the cause is stronger than the steward, which in this case the cause is the guarantor, but in the case of equality of cause and steward when the damage is incurred, there is still a controversy among jurists. But on the causal relationship between a harmful act and the sustained damage, sometimes a relation is made only between cause and the damage. This is the simplest form of a civil liability case for which the hearing courts do not face with any problems. However, there are numerous factors immediately and indirectly involving in incurring the damage, bringing about the interference of causes. In this case, it makes the determination of liable cause among many of factors difficult. It poses a question that if there is interference of causes or stewards, which one is responsible for the damage? The lawyers and jurists have proposed various solutions for this problem including the theory of cause's equality, the theory of antecedent cause in effect, the antecedent cause in existence, the primary and conventional cause etc. Though the leading theory is the antecedent cause in effect, none of which can alone justifying the liability in the whole senses of association of causes, rather given that the basis of liability is dismissal of causal conventional attribution of waste of person's act, whereas in the case of the association of causes the basis is liability of conventional attribution of waste of actor. Thus, in this case, in term of all the aspects including the principles of the law and jurists' views, it is better to give a power to a judge by accepting the theory of conventional cause to make suitable decision in any case given the its circumstances.

 In recent years, in consequence of political development of communities, it apparently seems that women have more freedom than in the past, but the reality represents that despite of successful operation of women in political activities and in some cases at the top positions; there are still little involvement and presence particularly with senior political levels. This problem is more serious in Islamic countries, to the extent that it accuses Islamic religion to the gender discrimination because of little involvement of Muslim women and their reluctance to political activities. Accordingly, the present cross-sectional study aimed to review these questions and to improve the level of women participation, explores this question: what is the status of women participation and political authority (management) in Islam. Does Islamic juridical rules prevent them from achieving senior political positions? What is the impact of Iranian law on improving the level of women participation? Of course the results of studies and research in this survey shows that: first, women participation and political management (except community curatorship) not only is not interdicted by canon and law but also juridical reviews and analyzing juridical and Ijtihad based reasons proves that this level of women participation by maintaining restrictions and criteria (to the extent that not to be in conflict with family matters) is legitimate. Even in some circumstances it is a canonical duty for a Muslim women. Secondly: legal reviews show that laws connected with the jurisprudence imply the permit of women presence and the absence of any gender discrimination. However lack of enough enforcement and ambiguities and finding an administrative solution can be an effective step in improving the level of women participation and be the removal of obstacles from this issue.

 one of the problems that has been engaged the human beings is the struggle between the oppressor and the oppressed. Also, against these homicides and widely slaughters, the global communities cannot be indifference. The principle of supporting the oppressed is a rational and inherent one and cannot be denied. It is one of the legitimate war's' goals in Islam and of justification of Jihad for sake of God which can be realized by both military and non-military actions. This study aims to examine the ways to prevent the authoritarian's abuses and remove the internationally posed challenges and support the worldwide peace and security. This research seeks to answer this question that today how we can defense the oppressed and with what mechanisms, so that the defense in itself does not pose other challenges? The method used in this research is a descriptive-analytical one. By examining both Figh and law evidence of this principle and the posed challenges for realizing it, this study present the proposed solutions to remove these challenges. As an acceptable and decisive principle in Islamic Figh and international law, and given the current global conditions, no government can impose it by force to justify the defense of the oppressed. Rather, it can be applied through peacefully solutions and other political, economic and legal mechanisms.

 Rise of modern states as well as introducing some conceptions and their accomplishment such as law to the world of Islam geography has posed a lot of questions and challenges in the Islamic thoughts. Knowledge of jurisprudence and political jurisprudence undertaken making structures and rules to regulate the Muslims lives, have posed the greatest challenge as a result of those conceptions. The present study attempts to give some solutions to overcome those challenges and finds an answer to this question that how much is the credit, boundaries and limitations of law from viewpoint of SHARIA (divine law)? The aim of this research is to examine the degree of credit, limits of the law in the Islamic law while confirming the importance and necessary of the law in society. Focusing on a critical approach, this study criticizes the shortages, legal vacuum, extreme legalism and defines clear criteria and measures to avoid of those legal shortages, so that the statuary law coincides further to the justice and fundamental values. For this purpose, it explains the existing meta-legality in the Islamic law, while examining the importance of the law and its insufficient and does its criteria and measures such that one does not take an extreme course in using the meta-legality action and deploy the extra-leglalty as a means to remove the shortages.

 Any acuused defendant bears the right as a citizen to defense him/herself through judicial procedure against the facing claims and the society is required to offer him the required instruments and facilities either legal or executrive. On the other hand, the defendant bears the right to have safety and physical freedom for presenting more appropriate defenses where as the defendant is not condemned yet and still, he may be innocent. Protecting rights of the defendant across the legal procedure guarantees protection from individual and sicial rights of humanity and increases level of judicial safety of society. Through legal procedure, a number of processes should be determined to protect rights of defendants toward realization of justice and protection from dignity of human. Islamic law bears these features and has offered basics and principles to protect rights of defendants toward realization of justice and protection from dignity of human. Principles like the presumption of innocence, the principle for non-reference to the pasts of laws, etc.; this research applied library based studies for data collection; these guarantees and general basics reviewed rights of defendants and offers approaches based on Jurisprudence and Principles of Islamic Law for teh Judiciary.

 having a sound and justice-centered judicial system can be a crucial factor in excellence and dynamism of any society. A lack of the above factor can bring a society in to chaos and make it undeveloped. A judge as an enforcer of law has a significant contribution in realizing the human ideals. However, a judge commits a fault or breach as a result of abridgment violation of law and incorrect commentary of law. The present study that was conducted through a comparative descriptive-analytical method tries to address this question: what is the judge's fault or breach according to religious jurisprudence and positive law what are the criminal and legal effects? The judge's breach proportional to instances, which has been referred to in the article 171 of Republic Islamic of Iran's constitution as breach in judgment, in subjects and in application of the law to instances, has the adverse effects such as quash of judgment and compensation for the sustained loss, which are common in both statuary law and jurisprudence. The judge's breach proportional to instances for which the rule overseeing judge's conduct are taken into account in the articles 15, 16 and 17, has the consequences of civil, criminal, disciplinary responsibilities . Some of breaches, if committed, have only a disciplinary responsibility and some other have all the three above responsibilities. Though the rule overseeing judge's conduct considers only the breaches related to disciplinary responsibilities, the other rules including Islamic punishment law have taken such breaches as civil and criminal responsibilities in addition to disciplinary responsibility. Furthermore, in jurisprudence, though the judge's breach is not mentioned as a violation, but is expressed as practice, privacy and duties while explaining their effects. This study attempts to examine the fault and violation made by a judge and effects in the jurisprudence and statuary law.

Oil and gas mining and oil contracts ownership disagreement with many of the issues that have faced jurisprudence. Therefore, in this study, with the aim of explaining the legislator considered sacred and are working to improve oil laws comparative and analytical methods, by comparing the laws and legal resources to find answers to these questions take a step, Whether public Ownership oil reserves belong to the owner? Or the private property of this tanks will be recognize? And after the expression of this subject in terms of oil contracts, answer to the question that, how oil contracts adopted by Islamic contracts? And finally achieved the result that some of the Anfal and other common minerals known scholars and others that followed were Ownership mining the land ownership, Meanwhile, some contemporary scholars in their religious books collected various opinions expressed, In this way, the number of reserves to private Ownership of the mines and other works are allowed to Anfal or commonality of these tanks is.. The legislation also greatly changed ownership many mines were sometimes accepted and sometimes legislator fully comply theory of sovereignty on these deposits, speaks. Despite disagreements over oil contracts also in this regard, it seems that many of these contracts are applicable to a number of Islamic contracts such as lease contract. However, based on some comments to suspend the Islamic contracts Futures contracts could be concluded that Islamic non-specific and are applicable to them and sentence them. In this thesis, juridical view with arguments about Ownership of mines from the perspective of public Ownership, private and studied carefully, and then oil contracts with the Islamic contract law and comparative law perspective and different opinions on this issue , to collect the different views expressed and proposals and legislation in this regard is presented moderate.

 

Islam to facilitate trades between Muslims have set up general rules they be not in trouble when obviating their transaction's needs. Including of this rules are the correctness's principle and the Muslim's Market's rule.
In this present study by aiming to solve many problems between Muslims, Muslims and non-Muslims we intend to explain detailed clarification, the reasons of their validity and accurate application for this two rules.
This study is based on an analytical and descriptive method that we are trying to analyze and explore the view of imamiyeh jurisprudence in our study, especially in new issues and trades by refer to religious books and we prove the correctness's rule is a general rule.
The strongest reason of its validity is rationally manner that it ongoing in trades (such as contracts and unilateral obligations), opinions, beliefs and even new current contracts.this principle in legislative area has been considered by legislators of different nations.
Also the correctness's principle as a general rule in the range of the market's Muslims and the strongest reason for its validity are narrations of imams that have been entered in this case. Despite of this principle, the existence problem in market's Muslims from the view of having sin and no sin can be solved.
the correctness's principle and the Muslim's Market's rule despite of having Common basics, issues and application but in numerous issues are independent and distinct and it's basics not related to each one.
 

Unsuccessful offences are important in criminal law, because in one side we face with injurer rights and with society right on the other side. Therefore, it required sensitivity and more precision. The legislator in Islamic Penal Code expressed unsuccessful offences in three groups includes 1. Attempt to offence2- incomplete offence 3- atemmpting the imposible and each of them has presented special belief about punishment or non-punishment of these offences. Due to these doubts about criminal reactions against offences perpetrators, the investigation of the foundations of offence in Islamic Law are considered which are attend to the justice and deserving the offender and also the results obtained from execution of punishment includes deterrence, reformation, preservation of the social system and the cultivation of the offender from sin which based on these cases, perpetrators of these offences are entitled to punish appropriate to the offence kind and as perpetrators of these offences have hazardous mode, they should not be left in the society without criminal reaction to prevent increasing these offences in society level and also jurisprudential foundations have considered against someone who know unsuccessful offence as a introduction of forbidden, it is determined that unsuccessful offence are the same as Islamic sanctions in jurisprudential which jurists have accurately expressed their essence.

A high capacity for the issue of environmental protection could be found in the juridical evidence. Qur'an denoting the sanctity of pollution and environmental degradation by general verses like "sanctity of corruption on earth", "suppressing the transforming gift of dignity" and "sanctity of dissipation and waste". Based on the verse “Necessity of development and prosperity of the land" is an essential issue. in addition there is a lot of narrations that explain rights of the environment elements including water, air, soil, plants and animals and obligate Man to preserve their rights. Rational reason also focuses on necessity of environment protection and avoiding its damage. The rules of "No harm (La Zarar)", "Expedient", and "Equity" are efficient in environment protection. Through rules like "waste" and "responsibility" could prove responsibility of people who harm and destruct the environment. in the law there are mechanism for environment protection which in some case have deficiencies and weaknesses. The current base in the civil responsibility could not be accountable for environment damages because such trails are special. But believing in "absolute responsibility" based on the juridical rule "respect for property" on the issue of environmental remedies could be effective and more adaptable with objective responsibility in law and with bases of dynamic jurisprudence for maximum protection if the environment.

 Long ago, and in the era of the holy Imams (AS), the question of how to interact with the misguided sects including Nvasb, Khawarij, and Gholat raised in the minds of the believers, and the holy Imams (AS) have been questioned about their various matters of jurisprudence, including uncleanness, marriage and inheritance.
Since then, during various periods, different opinions existed among jurisprudents on these issues addressing the implications of these three pagan sects of whether or not they are Kafir and debates on their uncleanness, marriage and inheritance.
Based on fiqh (Quran and hadiths), the most trusted view is to act them as Kafirs, believe them unclean, abandon marriage with them, and do not let them inherit from Mslims.
Beyond the jurisprudence aspects, from the legal viewpoint, since the contemporary human rights issues are so strong that the countries cannot remain indifferent to them, and also due to the fact that one of the major issues of the human rights is the question for freedom of speech, in this paper, we will elaborate on this important issue and we will claim that even though international and domestic law regimes will let these groups keep their believes, but there are several accepted legal constrains to avoid them expressing their believes.

 

and fighi sources.
Increase social security, Make punishments more effective in order to improve society,and increase the effectiveness of capital punishment as a deterrent against crime.
on the other hand, capital punishment can be effective as a deterrent only when there are efforst made toward crime prevention in society. As long as no serious action is taken against perptuaction of crime, capital punishment cannot act as an effective deterrent in socity.and since it is human right, it is no longer part of the jdicail system in many contry.
فرم 4and fighi sources.
Increase social security, Make punishments more effective in order to improve society,and increase the effectiveness of capital punishment as a deterrent against crime.
on the other hand, capital punishment can be effective as a deterrent only when there are efforst made toward crime prevention in society. As long as no serious action is taken against perptuaction of crime, capital punishment cannot act as an effective deterrent in socity.and since it is human right, it is no longer part of the jdicail system in many contry.
فرم 4and fighi sources.
Increase social security, Make punishments more effective in order to improve society,and increase the effectiveness of capital punishment as a deterrent against crime.
on the other hand, capital punishment can be effective as a deterrent only when there are efforst made toward crime prevention in society. As long as no serious action is taken against perptuaction of crime, capital punishment cannot act as an effective deterrent in socity.and since it is human right, it is no longer part of the jdicail system in many contry.
فرم 4

Although the historical studies show that blasphemy and punishment of its committer is not a problem assigned to a religion, an ethic or a specific community, it’s different in basis of sanctities and its punishment. The main axes of this research are study of punishment for blasphemy in jurisprudence and study of its circumstance and qualification in the Iran’s Islamic Penal Code. The main question is that what is the basis of Islamic law on blasphemy warrant and what are its other conditions? What punishment the Iran’s Islamic Penal Code has determined for this offense and according to this Penal Code, what the offence quality is and through what path it has gone. In order to achieve this, an analytical and comparative method is used in this research. In the Qur'an, the Sunnah, consensus and rationality some reasons can be implicitly and explicitly found that are considered as the basis of criminalization of blasphemy. The result obtained from this study is that the criminalization of blasphemy and condemned it, is confirmed in Islam from the perspective of reason and Quran. However, the both sources didn’t deal with the quality and the quantity of the sin, but rather many narratives dealt with them, some of which the punishment is Ta'ziri or haddi. Many jurists have reached a consensus on the verdict. Meanwhile, it seems necessary for the both aspects of the religion of mercy and severity to be more analyzed and scrutinized and to the fields of action should be determined, in order to have more accurate rulings which are based on the real sira (lifestyle) of the infallibles and the other religious sources; consequently, we can avoid problems and margins to be occurred and also prevent charges to the religion. Notwithstanding the ambiguities and sweeping generalizations about this, by virtue of the Provisions of Article 262 & 263 of the Hodood book, the penalty of Sab-al-Nabi, and by virtue of the provisions of Article 513 of the Ta'zirat book, the Islamic Penal Code also express attachments and mandatory (ta’ziri) of other blasphemy. Although there are a number of reform periods, Penal Code still has shortcomings and ambiguities about this. Meanwhile, the significant ambiguities are failure to list sanctities, failure to determine the exact amount of punishment, failure to set benchmarks to identify the insult, failure to demarcate between criticism and insult, entry of tastes in commenting on the Judgment, due to the shortcomings and silence of law in some cases, as failure to properly analyze these points would create some special problems and sensitivities. In this regard, it is suggested that legal experts meritoriously try to fix the exact standards of distinguishing examples of insult, sanctities and boundaries, and also prevent deviations and tastes involved in this critical issue.