jurisprudence

Open Access Article

1 - Theory of Domination in the Political Views of Ibn- Farra’ Hanbali
مهدي فدائي مهرباني

Abu Yaala Mohammad Ibn Al-Hossain Ibn Mohammad Ibn Khalaf Ibn Mohammad known as “Ibn Farra” (990- 1066) is an Islamic Jurisprudent who played a great role in expansion of Hanbali school of Islam. His works portray him as a strict Sunni jurisconsult. In his book named “ More

Abu Yaala Mohammad Ibn Al-Hossain Ibn Mohammad Ibn Khalaf Ibn Mohammad known as “Ibn Farra” (990- 1066) is an Islamic Jurisprudent who played a great role in expansion of Hanbali school of Islam. His works portray him as a strict Sunni jurisconsult. In his book named “ Al-Ahkam Al-Sultanniah” he attempts to provide a religious jurisprudential justification for political dominations of the rulers. He can be considered as one important figure of domination theory (Istiilla and Taqallub) among the Sunni. He has not been introduced or studied to and in Farsi. In this article we survey various aspects of his political views. Manuscript profile

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2 - Reason and Custom and Political Reflection in the Shiite School of Baghdad
Ali Dastbaz kemal poladytoulapi

The political theology of the Shi'a theologians and Jurists of the Baghdad school has undergone a transformation compared to its predecessor, the hadith school of Qom. This transformation was answered by the hypothesis that these scholars, by virtue of the Shi'a theolog More

The political theology of the Shi'a theologians and Jurists of the Baghdad school has undergone a transformation compared to its predecessor, the hadith school of Qom. This transformation was answered by the hypothesis that these scholars, by virtue of the Shi'a theological and theological-jurisprudential rationale In connection with the prevailing custom, transcended the approach of lacking the absolute legitimacy to the relative legitimacy of the existing government. The method of this article is based on the interpretation of text and historical analysis and qualitative analysis. The findings show that the Baghdad school, in their theological reason, came to the two categories of "establishing the government" and "the institution of the Imamate" Which, accordingly, elaborated the relevant necessities and conditions with rational reasoning. Then, on the basis of the jurisprudential reason, and in connection with the custom of their time, they gave the relative legitimacy of existing customary governments that can be understood by the signs and implications of permitting cooperation and accepting government offices. Manuscript profile

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3 - Recognizing the Position of the Minaret in the Architecture of Mosques from the Point Of View of Shiite Jurisprudence
amir Sadeghi nejad Abas Masoudi

During different historical periods, a significant number of elements and components of the mosque, such as the minaret with different appearances and bodies, have been displayed and used in mosques and it seems that it has become an integral part of the mosque over tim More

During different historical periods, a significant number of elements and components of the mosque, such as the minaret with different appearances and bodies, have been displayed and used in mosques and it seems that it has become an integral part of the mosque over time. Architects, researchers and scholars have expressed a variety of analyzes, theories and interpretations with different views on the position of the minaret in the architecture of mosques. However, there is no mention of the attitude of the Twelver Shiite jurisprudence regarding the position of the minaret in the architecture of mosques, and this issue is still facing ambiguous points. While the minaret has been used in mosques for centuries, some scholars consider single-minaret mosques as a symbol of Sunnis and mosques with two minarets as a symbol of the Shiite religion. This research tries to study the necessity of the minaret in the architecture of mosques in the attitude of Shiite jurisprudence. The rules of Shiite jurisprudence of the Twelve Imams are obtained through research in the Qur’an, Sunnah, consensus and reasoning. Since it is not possible to study all the sources mentioned in this research, studying the Qur’an and the consensus will be sufficient. The present research is fundamental in terms of subject matter and is considered qualitative from the perspective of research method. The data collection method of the research is through library and data analysis method is of content analysis type. The results of this study show the commonalities and differences in the attitude of the Qur’an and consensus on the necessity of requiring a minaret in mosques. According to the analysis, interpretation and elaboration of verses 17 and 18 of Surah Tawbah (Quran) and analyzing the content of the attitude of contemporary and non-contemporary (i.e. who are not at the same time as contemporary) authorities and jurists of the Shiite religion (consensus) regarding the necessity of minaret in the architecture of mosques, In general, it can be said that from the viewpoint of the Qur’an and non-contemporary jurists, the minaret does not have the necessary harmony with the architecture of mosques. In contemporary jurists’ attitude, there is nothing wrong with the minaret in mosques; but the minarets or tall minarets in the mosques are considered disapproved. Manuscript profile

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4 - Jurisprudential and Legal Study of the Concepts of Right and Decree
Seyed Alireza Foroughi

Right in Islamic jurisprudence entails two meanings: First, right in its general sense, means property and decree and in its specific sense it means right. The examples for this denotation of right are the right of fatherhood, right of guardianship for the ruler, right More

Right in Islamic jurisprudence entails two meanings: First, right in its general sense, means property and decree and in its specific sense it means right. The examples for this denotation of right are the right of fatherhood, right of guardianship for the ruler, right of administratorship, right of custody and the like. Although these are interpreted as right in the literature of the jurisprudents, they are all examples of decree. Second, right in its particular sense is vis-à-vis property and decree. Therefore, it has been said that the jurisprudents who put right in front of property and decree, they mean a type of religiously obligatory decree, which is also called religious decree or the decree of the Legislator. However, in cases we consider decree in its general sense, either obligatory or enacted, it is clear that right (like property) is a type of enacted decree. Therefore, decree in its general sense is attributable to its particular meaning (second meaning). On this basis, when right is compared and contrasted with decree, the denotative meaning of the two is involved and when in jurisprudence, jurists talk about the effects and consequences of right, like the capacity to waiver, and transfer, they mean that right possesses these effects as an enacted decree and its independent rational validity. On the contrary, the obligatory decree lacks such characteristics. This paper is an attempt to study the relationship between obligatory decree and enacted decree, and as well as the viewpoints of theoreticians at law and the independent viewpoints. Attempts also have been made to discuss the criteria for distinguishing right from decree and the procedure and criteria for judgment when doubt is raised about right and decree. In case of the absence of criteria, what shall be the basis for performance? Manuscript profile

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5 - Role of Injustice in Jurisprudential Inference
Seyed Alireza Foroughi Mahdi Mohammadi

Justice and injustice are two influential and highly debated issues in human schools of thought. One key discussion in this regard, is the role the concept of injustice can play in the procedures related to inference of the religious rules. This paper intends to clarify More

Justice and injustice are two influential and highly debated issues in human schools of thought. One key discussion in this regard, is the role the concept of injustice can play in the procedures related to inference of the religious rules. This paper intends to clarify the role of injustice in this procedure. Based on the dictionaries, especially those belonging to the immediate post-Revelation period, injustice means “trespassing limits”. It also means the same in religious texts, the Holy Quran in particular. On this basis, in jurisprudential inference, injustice takes place whenever one trespasses the limits specified by the legislator. The valid limits in jurisprudence are the same specified by the legislator as well as the rational and common limits based on which the legislator has set the limits or avoided prohibition. Consequently, injustice is a criterion at work throughout the totality of jurisprudence and legal inference. Two major roles have been considered for injustice: First, in cases where attribution of something or reasoning is in incompatibility with general guidelines of Sharia law, it can restrict reason or dissuade the case. Second, it can serve as a proof of judgment in jurisprudential ramifications and newly raised issues. Manuscript profile

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6 - The Effect of the marriage of Iranian women with foreigners from a jurisprudential and ethical perspective

A Survey on the Effect of the Iranian Woman Marriage to Foreigners Ali Alebouheh* Department of religious jurisprudence; Zahedan Branch, Islamic Azad University; Zahedan. Parviz Moradgholi Department of religious jurisprudence; Zahedan Branch, Islamic Azad Universit More

A Survey on the Effect of the Iranian Woman Marriage to Foreigners Ali Alebouheh* Department of religious jurisprudence; Zahedan Branch, Islamic Azad University; Zahedan. Parviz Moradgholi Department of religious jurisprudence; Zahedan Branch, Islamic Azad University; Zahedan. The subject of Iranian woman’s marriage to foreigners is considered a serious issue as it has coincided with the arrival of Afghan and Iraqi neighbors to our country. This issue has caused serious problems to Iran. In addition to political and social problems caused by such marriage, it has also a significant effect on their family situation. In the current legal system of Iran, the differences between the citizenship of a husband because of his women are enacted barriers by the legislatures in Article 1060 of the Civil Code; however, the citizenship of a husband lacks any precedent in legal records. In this paper, the concept of marriage and citizenship, arrangements and legal terms relating to the restrictions of marriage of Iranian women to foreigners and its consequences has been investigated. It was suggested that appropriate education about marriage through social media should be given to women. This issue also should be considered serious in the regulations Manuscript profile

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7 - The "important and more important" principle, and the unethical theory of justification

The subject of “ethics in governing and ruling” has always been of interest to scholars and thinkers of all societies. Ethics in politics or ethical politics is still a controversial issue among great thinkers of political and moral philosophy. Having a short look at th More

The subject of “ethics in governing and ruling” has always been of interest to scholars and thinkers of all societies. Ethics in politics or ethical politics is still a controversial issue among great thinkers of political and moral philosophy. Having a short look at the theories of philosophers from different schools about the relationship between ethics and politics, and having made a comparison between Plato, Aristotle, Marx, and Machiavelli, this article tries to describe and present the viewpoint of the Qur’an and ‘Ali ibn Abi-Talib about the matter. This article shows that the principal ruling method recommended by Niccolo Machiavelli, which is practically accepted by all rulers, and that is instrumentality in statebuilding –an approach represented by the saying “the ends justify the means.” Whereas, the Prophet of Islam's son-in-law, his closest companion, and his chosen successor; ‘Ali ibn Abi-Talib, has explicitly rejected this idea, And then, we have refered to the views of Shia jurists on the topic, and rooted out the "important and more important" principle and the determinants in case of contradiction, showing that the Quran and Hadith have allowed employing forbidden means only in the exceptional case of "saving humans' life," and it cannot be generalized to all cases of two contradictory gains. Manuscript profile

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8 - Guarantee for divorce, legal, moral and legal mediation
mahmud ghayumzadeh Tahereh Pour Nemati Shams Abad

Throughout history, apart from the political and religious issues and attitudes and tendencies and desires that are changing and progressive and sometimes in decline, the family as the main institution of each society is influenced by the various factors that make the j More

Throughout history, apart from the political and religious issues and attitudes and tendencies and desires that are changing and progressive and sometimes in decline, the family as the main institution of each society is influenced by the various factors that make the jurists , Jurists and ethical educators, in order to prevent the collapse of this basic institution of society, in order to secure the family from social anomalies, hands, to achieve various developments, and always at various dangers, including the fall and decline of morality. There are a number of rights and duties in the family. Whether among the various sciences that examine the family and its role in the upbringing of children, ethics is a matter of great responsibility, and perhaps all of the family-related sciences, including social sciences and law-based science, and morality-based psychology, and their own ethics Based on the Islamic teachings and verses, and given that the religious knowledge of the Islamic Shari'a has been given the most attention, the maintenance and preservation of the family center as the safest society of the pillar, it can be said that the science of ethics, The basis of the writing is the rights of the family. Manuscript profile

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9 - The study of the relationship between jurisprudence and ethics
Nasrin Sanjabi alireza shakarbaigi

Human being is the only creature of God who, given his discretion, needs a law and comprehensive plan to achieve prosperity and perfection, which, given all its dimensions, can reach him to a great extent. Jurisprudence and ethics form a set of rules that they are God's More

Human being is the only creature of God who, given his discretion, needs a law and comprehensive plan to achieve prosperity and perfection, which, given all its dimensions, can reach him to a great extent. Jurisprudence and ethics form a set of rules that they are God's, and with all the dimensions of the existential man and his voluntary actions, he has established them. Because of this, they are of particular importance. It is conceivable about the relation between ethics and jurisprudence of three forms: the distinction between ethics and philosophy, the conflict between morality and philosophy, and the complementarity of morality and religion. By examining the third relationship between these two sciences is correct, and its outcomes can be explained by reasons such as the fact that the ethics are based on the light because purification is not possible without correction and that the ethics with human beliefs are directly related to A direction with jurisprudence is indirect, and the mention of ethical teachings along with jurisprudential rulings is the best guarantee for the practice of legal judgments. In order to investigate the relationship between these two sciences together with the need for information about them, we first commented on the subject in relation to the subject, the method and the two of these sciences and, in the next step, to examine the relationship between these two sciences. Manuscript profile

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10 - Investigating and Evaluation morality of reconsideration of contract in Iranian Law and Shiite Jurisprudence
Pour Andokht Azizi Nejad Ali Almasi tayeb afsharnia

In spite of the acceptance of the principle of contractual necessity in all legal systems and the need to respect the conflicting provisions of the parties, the impact of social and economic events between the conclusion of the contract and the enforcement of the contra More

In spite of the acceptance of the principle of contractual necessity in all legal systems and the need to respect the conflicting provisions of the parties, the impact of social and economic events between the conclusion of the contract and the enforcement of the contract is undeniable. In principle the freedom of contracts, In the event of unforeseen events and a radical change in the circumstances of the conclusion of the contract, the possibility of termination or revision has been provided to the party experiencing unforeseen difficulties or losses as a modification of the contract. Given that the principle of contract freedom is rooted in ethical principles, Thus, clarifying the ethical principles of contract law will be effective both in negotiating and concluding and enforcing it, and in limiting the principle of free will and sovereignty. The study of institutions such as possession of property, prohibition of abuse of power, prohibition of harm to others, indecency, and other institutions clearly show that their main and major basis are ethical principles and principles. Therefore, in the present study, after expanding the conceptual space of the research topic, we will examine the modification of the contract and its governing principles. The research method is descriptive-analytical and data collection is in libraries. According to the research findings, modification of the contract is a concept that is accepted in both national law and Islamic jurisprudence, Because the principle of contractual freedom permits the parties to the contract to impose any correct condition in the contract, it is possible to modify the contract in Imamieh jurisprudence by resorting to the three jurisprudential principles of " the juristic rule of “negation of harm and difficulty ", " prohibition of detriment " and " the juristic rule of “what is possible " but in Iranian law Modifications to the contract can be accepted on the basis of " occurredlesion theory " and "theory of change of circumstances". Manuscript profile

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11 - Refreshing the dedication of the legal person To the development of ethical institutions
kian fulladi

One of the neglected capacities about the concept of "legal personality" in the legal system of Iran is its application for the development of the territory of the Devotion entity. In this approach, the Benefactor, by creating a legal person, devotes to this legal exist More

One of the neglected capacities about the concept of "legal personality" in the legal system of Iran is its application for the development of the territory of the Devotion entity. In this approach, the Benefactor, by creating a legal person, devotes to this legal existence, thus giving the person a legal status in the form of the endowment of property. By devoting a legal person, it is possible that every financial item to be deposited in the property of a legal person and that devotion to be developed. In this way, the constraints that limit the scope of the devotions, such as objectivity, will be deleted, without prejudice to the definitive foundations of the concept of devotion, and as a result, by extending the scope of this legal jurisprudential institution, more arenas and individuals will have the opportunity to enjoy the Devotion. The review of the concept of personality and legal personality, as well as legal jurisprudential principles of the Devotion, provides valid credentials for accepting this approach in the legal system of Iran, which have been discussed in this paper. Manuscript profile

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12 - Status of Upbringing Children in Shi’a Jurisprudence and Education System
Mir Ahmad Mousavi Aqdam Mohammad Jaafari Harandi

Although the issue of upbringing and educating children falls within the scope of psychology and educational sciences, it cannot be understood in isolation from law and liability and based on the insights from jurisprudence sources, Family, society and government are re More

Although the issue of upbringing and educating children falls within the scope of psychology and educational sciences, it cannot be understood in isolation from law and liability and based on the insights from jurisprudence sources, Family, society and government are responsible in this regard, Hence, it is felt that the study of such an issue cannot be confined to psychology and educational sciences and the science of jurisprudence should also address it. Due to such a necessity, the present paper seeks to elaborate on the concept of upbringing and its related terms and define the status of upbringing in Shi’a jurisprudence and education system. The study concludes that although encouragement, playing and respect are generally considered better than punishment, sometimes punishment and correction with specific mechanisms may even be more effective and result in the improvement of wrong deed and at least prevent the re- occurrence of crime and abnormality. Manuscript profile

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13 - Resistance economic coordination with Jurisprudence and Islamic culture and the need for it to emerge of Imam Mahdi
Mahmud Ghayoumzadeh

The advent of the promised Imam Mahdi is one of the necessities in a religion that has been Imamia for several reasons it proved in Theology. And on the other hand, it is also fitted for field rather than doubt. Creating the right economic conditions and substrate in t More

The advent of the promised Imam Mahdi is one of the necessities in a religion that has been Imamia for several reasons it proved in Theology. And on the other hand, it is also fitted for field rather than doubt. Creating the right economic conditions and substrate in the most important and original is located in the direction of the field of the role and full color fitted storage have transition effects. In rising to present separate from the program and that there has been in the field of economic issues raised that to prove the program is located in the framework for the economy while compliance with the resistance, jurisprudence and Islamic culture, most near with the conditions for the emergence of the promised Imam Al-Mahdi is needed, can be fitted. Was trying to use the data loaders, library and an analysis of it, proving to be the divine tradition for the realization of the advent of the Imam Mahdi is not that the aforementioned purpose only to figure out the miracle and without interference, but also carried out under normal conditions and factors need to the appropriate economic conditions conditions that topped the attention and importance. Manuscript profile

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14 - Resistance economic coordination with Jurisprudence and Islamic culture and the need for it to emerge of Imam Mahdi

The advent of the promised Imam Mahdi is one of the necessities in a religion that has been Imamia for several reasons it proved in Theology. And on the other hand, it is also fitted for field rather than doubt. Creating the right economic conditions and substrate in t More

The advent of the promised Imam Mahdi is one of the necessities in a religion that has been Imamia for several reasons it proved in Theology. And on the other hand, it is also fitted for field rather than doubt. Creating the right economic conditions and substrate in the most important and original is located in the direction of the field of the role and full color fitted storage have transition effects. In rising to present separate from the program and that there has been in the field of economic issues raised that to prove the program is located in the framework for the economy while compliance with the resistance, jurisprudence and Islamic culture, most near with the conditions for the emergence of the promised Imam Al-Mahdi is needed, can be fitted. Was trying to use the data loaders, library and an analysis of it, proving to be the divine tradition for the realization of the advent of the Imam Mahdi is not that the aforementioned purpose only to figure out the miracle and without interference, but also carried out under normal conditions and factors need to the appropriate economic conditions conditions that topped the attention and importance Manuscript profile

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15 - Investigation of the Basis of Transformation Legitimacy with the Quranic Approach - Validity And its effects in the teachings of criminal law
hosein khorshidi mohamad hosein shabani

In the subject of sex change, we are faced with the lack of narration in the Holy Qur'an and narratives, as well as the silence of the legislature, but the most prominent features of Imam's jurisprudence are the ability and ability to attend in all fields of science and More

In the subject of sex change, we are faced with the lack of narration in the Holy Qur'an and narratives, as well as the silence of the legislature, but the most prominent features of Imam's jurisprudence are the ability and ability to attend in all fields of science and new and new issues, and contemporary jurisprudents according to two principles of dynamism And the definitive trust in the religious texts and sources has kept the light of the intellect clear and this has led to the development and development of jurisprudence. Therefore, in this article, based on the authoritative sources of Islam and the principles of the criminal law, through analytical and descriptive methods The study of the legal basis of the legitimacy of gender change has also been studied, as well as the effects of the legitimacy of sex change. Iran's current criminal law the notion of order under scrutiny. The jurisprudential foundations of the legitimacy of the issue of gender change are twofold: first category; absolute legitimacy; second class; conditional legitimacy; according to the authors, the viewpoint of contingent legitimacy is in accordance with medical and legal principles, and also in criminal matters, according to the principle of interpretation in favor The accused and the subtle interpretation of the criminal law, in every matter that there is a suspicion of the accused in the sex, the criminal laws are assisted by the accused and adopt a gender that does not respect him or her, and also by changing sex from male to female, The current woman will be in the women's sentences, and the woman will also be the man after the change of sex; the principle is that in case of committing a crime The works and will be a new gender rules. Manuscript profile

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16 - Islamic theologians approach to intellect in verbal theories
hormoz asadikohbad

Islamic thinkers from the formation of Islam's culture and civilization in the interpretation of Islamic texts and privileged the inference and taking advantage of those scriptures in the typology and principles of ideological use of them in commissioning guidelines and More

Islamic thinkers from the formation of Islam's culture and civilization in the interpretation of Islamic texts and privileged the inference and taking advantage of those scriptures in the typology and principles of ideological use of them in commissioning guidelines and the Muslim procedure (jurisprudence), a variety of views. Therefore, various orientations have emerged and the origin of various theological schools, some of which have been implicated in texts without any interpretations and interpretation, and opposed to any crushing and involvement of the intellect in this field. And another group, for wisdom, the importance of abundance and verses and narratives were interpreted as a result of the emergence of multiple verbal ashaareh, such as Justice, Matoridye, and Lung.... There has been another way of thinking in the realm of Fiqh and the basics of inference and various jurisprudential schools such as, the Companions of the vote, Hadith, and the appearance of the lung.... In the Ahl al-Hadith and the principles of the principled manner in Shiite Shia, this research is achieved by descriptive analysis and by adapting various thinkers of these schools to the conclusion that although all the Islamism and the custody have common goals, but their approach to wisdom in the face of texts has caused the multiplicity of methods and attitudes, in the field of and practical. Manuscript profile

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17 - Jurisprudential-ethical analysis of "the right to a healthy environment" as a human right
askar jalaliyan

The right to a healthy environment is one of the fundamental human rights and vital issues in today's world, and sensitivity and attention to it are growing exponentially. Advances in science and technology have paved the way for the increasing domination and exploitati More

The right to a healthy environment is one of the fundamental human rights and vital issues in today's world, and sensitivity and attention to it are growing exponentially. Advances in science and technology have paved the way for the increasing domination and exploitation of nature. To the extent that its protection and prevention of pollution is one of the most important issues of the late twentieth century. In this scientific-research article which is of descriptive-analytical type with the jurisprudential-moral approach, the right to a healthy environment as a human right has been explored. The main question of the article is what measures have been devised in jurisprudence and moral principles to realize the "right to a healthy environment as a human right"? According to the research findings, from the Islamic point of view, preserving nature and not destroying it is considered a divine duty, not paying attention to it is morally reprehensible and harming it causes damage. Manuscript profile

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18 - Social health, corruption on earth and war from the perspective of Islamic jurisprudence and law
ali yazdani h0sein ahmari MOSTAFA RAJAEIPOUR

The purpose of this study is to investigate and compare corruption on earth and moharebeh in Islamic jurisprudence and law. Using descriptive-analytical method and collecting resources through the library method, while examining the concept and realm of moharebeh, forni More

The purpose of this study is to investigate and compare corruption on earth and moharebeh in Islamic jurisprudence and law. Using descriptive-analytical method and collecting resources through the library method, while examining the concept and realm of moharebeh, fornication and corruptor on earth in terms and jurisprudence Islami has examined the background, pillars and examples of these crimes in the previous laws and their developments in the new Islamic Penal Code. One of the obvious examples of corruption on earth is moharebeh, so that it may be a crime of corruption on earth but not moharebeh, but every moharebeh is corruption on earth, and on the other hand, the moharebeh mentioned in the Qur'an and jurisprudence. It is more about war against God and the Messenger of God (PBUH), but in the Islamic Penal Code, war is one of the crimes against public security and comfort. Manuscript profile

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19 - Explaining Consent and Assent in the Treatment of Children from the Perspective of Jurisprudence, Law and Medical Ethics
Kourosh Delpasand Zahra Firouzabadi Ahmad Mashkoori Afsaneh Ghanbari Mohammad Nourian

Background and aim: Health professionals have the ethical and legal duty to achieve the highest level of protection for the safety and health of children in medical interventions. Children have different mental and physical capacities depending on age, type of illness a More

Background and aim: Health professionals have the ethical and legal duty to achieve the highest level of protection for the safety and health of children in medical interventions. Children have different mental and physical capacities depending on age, type of illness and disability. But the important point is to examine the age of the child from the perspective of jurisprudence, law and ethics. Therefore, the present article examines how the framework of Iranian law on obtaining consent from children in a variety of non-surgical and surgical interventions and determining the legal criteria for consent of the child and his or her legal guardians. Method: This research is based on descriptive-analytical method and based on valid library documents and resources. Results: When the parent of the child cares for his or her interests, he or she is the best decision-maker in the therapeutic process. When parents are concerned about the child's best interests, they are the best decision maker in the therapeutic process. However, in cases where the forced parent has a high risk behavior for the child and does not allow the child to take the necessary medical treatment, health professionals must apply for a permit through the Prosecutor's Office to obtain treatment. Conclusion: Consent and agreement in children is a continuous process and in therapeutic situations depends on the child's ability and understanding of the situation. In many therapies, involving children in decision-making helps them to participate in the treatment process. It is recommended to set consent rules for the treatment of children in a variety of non-invasive and non-surgical interventions and invasive and surgical interventions. Manuscript profile

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20 - Legal And Jurisprudential Study Of The Commonalities And Differences Between The Legal Action Of Taking Possession And Delivery Of Object And The Temporal Symmetry Of These Two Legal Acts In The Contract Of Sale
Saleh Yamrali reza shahidi sadeghi

Reciprocal contracts are among the important and also widely used contracts in the legal and judicial systems as well as the social arena of countries that have been regulated since ancient times, especially in the field of law, especially in the field of private law an More

Reciprocal contracts are among the important and also widely used contracts in the legal and judicial systems as well as the social arena of countries that have been regulated since ancient times, especially in the field of law, especially in the field of private law and personal relations, contract law and Islamic jurisprudence which regulated and attentioned by legislators and Sharia has been holy. according to the Iranian legislator, the essential elements for the validity of a contract in reciprocal contracts have always been considered by the parties to the contract (contractors) so that the contract is considered valid and effective in conditions of legal and jurisprudential status. one of these essential elements the validity of contract and in particular the contract of sale, the existence of the object of the contract and necessity for seller ability to delivery of object to the other party to the contract and their taking possession in order to fulfill contractual obligations. In this article, the author has tried to briefly state the conditions and characteristics of legal actions of taking possession and delivery, and then discuss the differences and analytical discussions of the incident between lawyer and jurisconsult and in addition, to stating the differences between taking possession and delivery and to the contract of sale, wants to reach to a result and point of view on this matter. Manuscript profile

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21 - The Place Of Justice In Imamih Jurisprudence
Mehdi Torkashvand Sedigheh Zahedifar Ali Hossein Ehtashami

The study of the issue of justice in jurisprudence is of great importance; Because everywhere in jurisprudence, from worship and politics to judicial issues and the like, we find rulings that are tied to human justice. Justice must be observed in all aspects of human li More

The study of the issue of justice in jurisprudence is of great importance; Because everywhere in jurisprudence, from worship and politics to judicial issues and the like, we find rulings that are tied to human justice. Justice must be observed in all aspects of human life. Justice is proved by the good appearance of individuals, the prevalence and martyrdom of the two just. And justice by committing a sin (how great, such as polytheism, adultery, sodomy, apostasy, etc. The criterion of being a great sin is that in the narrations and verses the promise of punishment has been promised for it, and what a minor sin). Disappears. Of course, some jurists believe that all sins, even minor ones, are major; Because in all of them, God becomes a sinner. And this theory is strong. (That is, sin, whatever it may be, is God's sin in it, and there is no need to divide the great and the small). There is a difference of opinion among the jurists as to why justice falls against morality; And the correct statement is that against morality, justice will fall. But by repenting again, one's justice is established. Manuscript profile

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22 - Protecting human dignity and respecting the rights of non-Muslims in Imami jurisprudence and subject law
Toraj Hematti Farsani Alireza Salimi ALIREZA HOSSINI Mohammad Hossein Nazemi Ashani

The religion of Islam has not only dealt with matters concerning Muslims, but also, in an overview, has drawn up rules for non-Muslims and respect for their rights; In the Islamic approach, non-Muslims are either considered as dhimmis, covenants, and trustees who, altho More

The religion of Islam has not only dealt with matters concerning Muslims, but also, in an overview, has drawn up rules for non-Muslims and respect for their rights; In the Islamic approach, non-Muslims are either considered as dhimmis, covenants, and trustees who, although present as a minority in the Muslim community, are supported, or who are among the non-Muslims who are in conflict with Muslims. There are those who are known as military infidels and therefore are not respected by Islam. A look at the sources of Imami jurisprudence shows that the breadth, property and honor of non-Muslims who are under the protection of the Islamic community are considered inviolable; Thus, Muslims have no right to attack them; Because in this case they will be reprimanded. The Constitution of the Islamic Republic of Iran, by recognizing the religious, Christian and Zoroastrian individuals as religious minorities, has also recognized their rights. In the Islamic Penal Code in 1392, the legislature, by establishing jurisprudential standards in some areas, including adultery with a Muslim, sodomy, tafkhiz, considered the death sentence as an aggravation of punishment for non-Muslims and in drinking alcohol, as a factor A discount was given to non-Muslims only if they pretended to have a limit. Regarding diyat, the equality of diyat of non-Muslim and non-Muslim minorities was maintained, taking into account the opinion of the leadership. Apart from usury, no distinction was made between Muslims and non-Muslims regarding punishments. However, in the field of retribution, a new approach to expanding the scope of the safe has been pursued, which indicates a step towards greater support for non-military infidels, even those who are not among the minorities recognized in the constitution. Manuscript profile

Open Access Article

23 - The effect of the bill in contracts in iranin law with comparatives the Shiite jurisprudence and Common law rights
mohammad reza habibi mehr rohangiz mohammadi moghanli

Considering the role and effect of the bill in the exercise of the rights and obligations of the the legislator, it is subject for of different rulings And because legislator in compliance with state jurisprudence to paid that bill in addition general rules Contract of More

Considering the role and effect of the bill in the exercise of the rights and obligations of the the legislator, it is subject for of different rulings And because legislator in compliance with state jurisprudence to paid that bill in addition general rules Contract of sale in other of legal acts and phenomena is presented that bill enforceable But the general principle is that any contract offer and acceptance will be available to spend The offer and acceptance are the two components of the unit contracts. One might think that in our legal system does not have a contract of three components But the Iranian legislator by taking above issues and to supply materials, and the thought derived from jurisprudence texts in some seasons civil law on contracts and unilateral obligations, contracts have been noted The bill is traded to the transmission. Therefore the Iranian Law bill in some contracts condition for and condition for the validity of are contracts However, the common law legal system, the importance of the bill is not in Iran's rights, the rights of Iran's important that the bill has the effect of That some contracts are not real contracts in which they bill as Subject the contract, conditions is true However, the common law legal system that easily accepted and mortgage bills in the health condition they not mortgage And accordingly because of diversity in the formation of transactions and contracts, the importance of the bill and there are general rules and old Which is very ambiguous and insufficient and not able to solve problems aim to contractual with the impact of bill pay transactions In This study examines the different aspects in some the contracts pay the bill. Manuscript profile

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24 - the legitimacy of Causalityin juridical texts and statute i.r.i
seyyed rohollah aghigh meysam nemat ah allahi mojtaba farahmand

One example of the involvement of individuals in committing crimes and social crimes is the issue of accusations of crime. Although the word causality has a general meaning and is also used in civil law, the prevailing meaning of this concept is in criminal law, More

One example of the involvement of individuals in committing crimes and social crimes is the issue of accusations of crime. Although the word causality has a general meaning and is also used in civil law, the prevailing meaning of this concept is in criminal law, which is more in line with jurisprudential texts. . This word, which is an effective and important application in law, is one of the most challenging issues, and there are many disagreements over it. Some argue that the appropriation is the same (not dictated), and it is a rational rule that has a strong autonomy and Jurisprudence has also used examples of it as examples of it. Some also believe that the mentioned cases (from Bob causality) in jurisprudence are exclusive to the mentioned cases, and the emblem is not an independent jurisprudential and rational basis, therefore, it should be considered limited to the cases mentioned in the texts of jurisprudence. The research has been gathered with an applied and analytical and descriptive approach, utilizing library studies, and its findings indicate that the appropriation of a rational rule is in accordance with this rule as an exemplary statement of some of the cases. And these examples are in fact only examples of this rule, the legislator, instead of expressing several examples of it, would have been better off by limiting the material to the explanation of the subject matter and avoiding the ambiguities that made ambiguities in the comprehension of the audience. Avoidance Would have Manuscript profile

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25 - Examining existed approaches of Qur’anic systemization
Hamed Joukar Ahmad Jamali Gandomani

Qur’anic systemization as a main function of development system of Qur’anic culture after victory of Islamic Revolution and establishment of Velayat Vaqih system is reflected in idea and speech of religious scholars and take considerable part of their attempt. This ar More

Qur’anic systemization as a main function of development system of Qur’anic culture after victory of Islamic Revolution and establishment of Velayat Vaqih system is reflected in idea and speech of religious scholars and take considerable part of their attempt. This article with descriptive - analysis method and with aim of examining Qur’anic systematization’s concept, investigating existing approaches and by searching in meaning of this concept looked into existing and conceived approaches. Moreover, among them, it illustrates the most similar meaning of the concept with development system of Qur’anic culture. In this case, also, the paper has a view on shortcoming and inadequacies of the said approaches. According to contents of this article, Qur’anic systemization means reforming main affairs of human basing on Holy Qur’an principals, and could explain all knowledge’s on frame of this reformation. Therefore, Islamic Ahkam and jurisprudence science are executive requirement of these principals in Human society. In this approach, Qur’anic systemization is the result of reformation in human affairs, this means that Holy Qur’an presents general principals of human societies and other Islamic knowledge’s are illustrating the way of their accomplishment. In this case, jurisprudence also have its own responsibilities which, because of its importance, this article for more explanation pointed out to some samples of the role of jurisprudence knowledge in expending justice and also the principal of tolerance and laxity. Manuscript profile

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26 - A Critical Look at Judges' Civil Liability in Iranian Jurisprudence and Law
Shaghayegh Shaghayegh shamsi Abedin momeni

10.61186/ahrar.38611.2.4.68

According to Article 171 of the Constitution, if a judge causes damage to another as a result of a mistake or fault in a case or in a sentence or in the application of a sentence to a particular case, he is the guarantor in case of fault. Otherwise, the compensation i More

According to Article 171 of the Constitution, if a judge causes damage to another as a result of a mistake or fault in a case or in a sentence or in the application of a sentence to a particular case, he is the guarantor in case of fault. Otherwise, the compensation is done by the government. It seems that the principle of government responsibility for the judge's mistake in jurisprudential books was due to the necessity of ijtihad in judges, and jurists based on this condition the verdict issued by the judge was considered his fatwa and they believed that the judge rules by his ijtihad, so they put the responsibility for compensation on the treasury. But the important point is that he should not be granted judicial immunity, because everyone has a responsibility wherever he is, and he should be held accountable for that position and his mistakes, and the judge, like other members of society, is paid for the act of judging and this does not cause the government, which has no worker-employer relationship with the judge, accept compensation for the damages caused by act them. Therefore, the purpose of writing this article is to critique the judicial process in the civil liability of judges and to compensate the damages from the government. The research method in this study is analytical-descriptive and the method of collecting information is library and documentary. Manuscript profile

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27 - Examining The Possibility Of Resorting To Non-Contractual Liability Bases In Claiming Contractual Damages
milad rohampour Dr. Seyed Ali Jabbar Golbaghi Masouleh

10.61186/ahrar.38615.2.4.102

One of the important bases to constitute the liability in remedies is the existence of fault at act and omission. in iranian law subject to the regulations, this matter is practically able to consider and related to an act that the fault would be involved in its notio More

One of the important bases to constitute the liability in remedies is the existence of fault at act and omission. in iranian law subject to the regulations, this matter is practically able to consider and related to an act that the fault would be involved in its notion. nevertheless in this matter there is not uniqe idea about bases and quality of fualt among the lawers that tends to contratual or not contarctual liability. on the side of contartual one with attention to code 221 of civil code of iran beaause of lacking clear jurisprudentic history even with definit breach of contract generate the liability and the remedies from it would be payable by causation. it is easier to discover the elements of contractual liability in comparsion with non contractual one and with attention to full compensate of remedies the right to choose between them two seems to be fine. the purpose is that looking for the authority for victim of a damage to choose that what bases noticed a bove is suitable for him. this artice is made by virtue of library searching and related articles. Manuscript profile

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28 - Investigating the moral and social effects of divorce in popular jurisprudence
abdolhamid navardi aboalghasem asi moznab Ahmad sadeghian

God has made permanent marriage a priority for man compared to broken marriage. Mut'ah is a kind of legitimate marriage in Islam, which provides a good solution to prevent social problems, and its position is specified in verse 24 of Surah An-Nisa '. In order to acknowl More

God has made permanent marriage a priority for man compared to broken marriage. Mut'ah is a kind of legitimate marriage in Islam, which provides a good solution to prevent social problems, and its position is specified in verse 24 of Surah An-Nisa '. In order to acknowledge its legitimacy from the point of view of Shiites and Sunnis, forty commentaries on jurisprudential, legal and educational issues were selected from the commentators of the Qur'an through the library method and bibliographic review of 183 commentaries. Due to the incorrect understanding of the jurisprudential and moral nature of mut'ah (temporary marriage) in society, this institution is not used in its constructive direction. Also, our laws regarding some of its special rulings are incomplete, vague and sometimes silent, and in these rulings, there are differences of opinion in jurisprudence that long-term temporary marriage is one of these cases. ) Fought against the boycott order due to the prohibition of the government by the second caliph; Because its absolute prohibition had no religious justification. In this article, mut'ah is examined from the point of view of popular jurisprudence from the point of view of the government, and while addressing the documents related to the principle of mut'ah legitimacy, which may play a role in comparative and controversial issues, the ruling on temporary marriage is discussed in terms of abrogation or prohibition. Because the Sunnis claim the abrogation or prohibition of this type of marriage using government authority. It has also been suggested that the Islamic government should, based on its interests, according to time and place, impose restrictions and conditions to prevent the occurrence of moral problems arising from it, and at the same time, provide the ground for its rational use. Temporary marriage, if exposed to permanent marriage, also eliminates the risk of the family foundation collapsing or not forming. Despite the context of the verse and the initial legitimacy of the ruling regarding the slaves and men of the Islamic Revolutionary Guard Corps, this moral ruling was extended to other members of society; And while examining wisdom, philosophy and its status, the cases that have been recommended to be allowed; Including the position of mut'ah in war, long journeys and the preservation of chastity and mental health, and the cases in which it has been recommended not to allow it; Threats to the family system, sexual diversity, and Shiite religiosity were described. Manuscript profile

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29 - Principles and rules of Islamic educational jurisprudence in the scope of Teaching and learning
esa bahrami Abbas Ali Heydari mahmud ghayumzadeh

The purpose if this study was to investigate the principles and rules of Islamic educational jurisprudence in the scope of teaching and learning. The research method was documentary-qualitative and the statistical population consisted of published documents in the field More

The purpose if this study was to investigate the principles and rules of Islamic educational jurisprudence in the scope of teaching and learning. The research method was documentary-qualitative and the statistical population consisted of published documents in the field of education in Islam. Data has been collected by index cards of the library. Descriptive-analytical method was used to analyze the data. In this study, there were three hypotheses that were explained and analyzed. The results of the study show educational jurisprudence in connection with educational sciences provides a good basis for using the useful science because this link, in addition to determining the correctness and punishment of what has been learned, it determines its effects and blessings in the world and in the hereafter. Teaching and learning is not rich enough if it does not pay attention to its jurisprudential rules. Human doings have meaning when they are more compatible with divine and jurisprudential values. Since Educational jurisprudence and the rules of teaching and learning have common sources, they are correlated and interdependent. Their sources are the Holy Quran, narrations and the Prophetic tradition. Commitment to the rules of teaching and learning ensures the effectiveness of the education process in individual and social dimensions of life. Manuscript profile

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30 - Apparent Representation And Its Effects In Iran's Jurisprudential Legal System And Common Law
Ebadollah Rostami Chalkasari Ali Jamalzadeh

"Apparent representation" originates from English law and does not fall under the usual definitions of representation. In this theory, the first person through his behavior has caused the other to be recognized as his representative, and the third to imagine and acknowl More

"Apparent representation" originates from English law and does not fall under the usual definitions of representation. In this theory, the first person through his behavior has caused the other to be recognized as his representative, and the third to imagine and acknowledge the representation, while there is no representative relationship between them in the way that is usually expected. Therefore, the first person cannot deny the representation. In Imami jurisprudence, the special word "apparent representation" has not attracted the attention of jurists and there are no rulings around it, but this does not indicate the absence of a similar opinion and its inadmissibility in Imami jurisprudence. The purpose of the research is to compare this theory and its works with similar institutions in Imami jurisprudence. It is thought that the mentioned theory is sometimes effective in facilitating legal practices, so according to the scope of jurisprudence, comparative research in this regard may be effective in Islamic business. In this research, it is expected that the effects of apparent representation and its similar institutions are different in nature, but there is no significant conflict between them. The research method is searching and collecting sources (books, articles,...) and taking notes from them. Manuscript profile

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31 - recitation of Mirza Shirazi's fatwa on tobacco ban; A reflection on the analysis of the effectiveness of religion and fatwa in the context of social changes
Hamid Rezania Shirazi Seyyed Alireza Dana

Contrary to what some materialists have thought, religions contain different effects and functions. One of the examples of this efficiency in the Shia school is the fatwa of its jurists. By referring to the history, we can see many cases of influence of fatwa and its ef More

Contrary to what some materialists have thought, religions contain different effects and functions. One of the examples of this efficiency in the Shia school is the fatwa of its jurists. By referring to the history, we can see many cases of influence of fatwa and its effects; In the meantime, Mirza Shirazi's fatwa banning tobacco is considered today as a symbol for the crystallization of the power of the fatwa of Shiite jurists. By examining this fatwa, one can understand the wide effects and consequences that a fatwa can create in different strata of society for different times and even different nations. The short and decisive fatwa penetrated the hearts like heavenly verses and created the most glorious people's movement that was unparalleled in history up to that time and led to the Islamic revolution a century later. The research method in this article is analytical-descriptive and data collection is also documentary. Research findings: 1- The fatwa of jurists, including Mirza Shirazi, is one of the cases of the crystallization of the power of religion. 2- Religion, while influencing various social layers and levels, definitely plays the greatest role in people's lives and is the most powerful form of religious life. It is cultural, social and political. 3- The influence and acceptability of fatwa among people is a sign of the connection between society and religion and the crystallization of social religion. 4- The acceptance of fatwa in society as a divine decree is an indication of the worship of the society in terms of religious orders. 5- Fatwa is also an expression of divine decree. It also affects the lifestyle and popular culture. 6- Society's norms can be formed under the influence of fatwa. Manuscript profile

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32 - The wrong impact on criminal crime and criminal law
sima ghobadvand

One of the important topics in criminal law and jurisprudence and consequently criminal responsibility is the "wrong" discussion. Mistake or suspicion means, like, like, and synonymous with errors and arises from ignorance and cognitive disabilities and individual knowl More

One of the important topics in criminal law and jurisprudence and consequently criminal responsibility is the "wrong" discussion. Mistake or suspicion means, like, like, and synonymous with errors and arises from ignorance and cognitive disabilities and individual knowledge and experiences. The mistake is divided into two types of "the subject matter" and the "judgmental mistake". The criminal act is the result and product of the offender's will to achieve the purpose of the offender and obtain the criminal path through the criminal path, but in many cases the offender, although the criminal path to the end. The material and the material element of the criminal act also commits, but for the reason, it does not achieve the purpose it does not have, and one of these is the wrong cause of identity and identity. As the most important crime that has an inherent crime at all times and places, it is the result of taking the life of a person who is one of the most important assets of any individual. For this reason, much of the investigation is centered on this crime and issues that are raised following the commitment of the crime, including the purpose of the purpose of identity in the discussion of murder. The content is library. key words: Wrong, crime, science and ignorance in crime, crime elements, jurisprudence, criminal law Manuscript profile

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33 - Fundamentals of Validity of Ownability in Imamiyah Jurisprudence and Positive Laws
Mohammad Mohammad Baramai سيدحسن داودالموسوی

Understanding the fundamentals of ownability of a property is important in distinguishing property from non-property. Since jurists of Imamiyah jurisprudence have no consensus on definition of ownability of a property and the Civil Law has not specified what the proper More

Understanding the fundamentals of ownability of a property is important in distinguishing property from non-property. Since jurists of Imamiyah jurisprudence have no consensus on definition of ownability of a property and the Civil Law has not specified what the property is by definition, the importance of understanding the fundamentals of ownability of a property has further come to light. This paper intends to find a unified criterion for validity of ownability of a property, analyze the criteria set by the jurists, and investigate the strengths and weak points of the expressed criteria. The criterion thus achieved helps distinguishing property from non-property in doubtful cases. Such power of distinction helps us in various issues since ownability is a matter of credibility and the right understanding of ownability and its attachments depends upon acquiring knowledge on credit concepts and its specifications. Therefore, this paper points to some instances of credits. The author of this paper is of the opinion that the major criterion for understanding ownability is the rational approach toward this subject and other criteria expressed are either problematic or abundant. The paper has finally discussed available solutions in case doubts appear in conventional and legal ownability of a property. Manuscript profile

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34 - The position of human dignity in criminal jurisprudence and its comparison with Iranian criminal law
Ali Amirmohammadi mahmud ghayumzadeh Nader Mokhtari Afrakti

Man has inherent dignity and deserves to acquire virtues, and it is necessary to have the right to life and personal security; Because these virtues appear only in the scene of social life. Good deeds and Crimean morals are considered virtues for a human being, which em More

Man has inherent dignity and deserves to acquire virtues, and it is necessary to have the right to life and personal security; Because these virtues appear only in the scene of social life. Good deeds and Crimean morals are considered virtues for a human being, which emerges from him in free conditions, and these rights; That is, the right to life, liberty and personal security, which is recognized in Article 3 of the Declaration of Human Rights, is the basis of all political rights and subsequent civil liberties, including freedom from torture and arbitrary detention, as well as the rights related to fair trial, freedom of expression and The freedom to travel (emigration) and non-interference in private life and the principle of innocence, the right to marry and form a family and the freedom of opinion and the like are in the section on the rights of the nation and in fact, the citizenship rights of the Constitution of the Islamic Republic of Iran and articles 3 to 21 of the Declaration. Universal human rights are included. This article deals with the problem with descriptive analytical method. Manuscript profile

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35 - Social commitment in civic responsibility despite luxury goods
Seifollah Golijani Moghaddaam Asadollah Lotfi mahmud ghayumzadeh

In order to issue a sentence for compensation, it is necessary to establish the relationship of causation, and if this relationship is not established, it is not possible to issue a sentence for compensation and hold one or more persons responsible. The requirements ari More

In order to issue a sentence for compensation, it is necessary to establish the relationship of causation, and if this relationship is not established, it is not possible to issue a sentence for compensation and hold one or more persons responsible. The requirements arising from this evidentiary rule are recognized as a legal obstacle to compensation. The relationship of causality can be assumed in various ways; This means that either a single agent was involved in the damage, or multiple factors, and in the case of multiple factors, or all of them participated in causing the damage, or all of them were involved as a cause, or some as a cause and Some of them have played a role in causing damage. In order to solve the problem in question, legal systems have presented various methods and solutions for the issuing of judgments and how to compensate the injured party, and Islamic jurisprudence has significant views in this field, which will be examined in the upcoming article. Opinions are paid. Manuscript profile

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36 - Typology of types of distortions in the book Tahzeeb al-Ahkam of Sheikh Tusi
zahra sarkhoshi Mohammad Ali Rabbipour Alireza Radbin Razia Shirini

Undoubtedly, hadiths are a precious treasure among the epistemic sources of Islamic thought. The use of this precious treasure requires preliminary steps, one of which is to identify the damage so that the hadith researcher can remove its undesirable consequences in the More

Undoubtedly, hadiths are a precious treasure among the epistemic sources of Islamic thought. The use of this precious treasure requires preliminary steps, one of which is to identify the damage so that the hadith researcher can remove its undesirable consequences in the field of understanding hadith. "Correction" means changing a part of the hadith to another word or phrase. It is one of the plagues found in the hadiths, which requires research to identify and fix its consequences. Since a slight change in the letters and words will make it difficult for us to understand the main meaning of Masoom (PBUH) and fail us in reaching a correct and acceptable meaning, it is very important to pay attention to the phenomenon of spelling. "Distortion" in the meaning of changing the word or meaning of the hadith is one of these plagues in the hadiths that requires careful research to identify it and pay attention to its adverse consequences. The distortion of religious texts has a long history and has long been the subject of attention and concern of Islamic thinkers, especially hadith scholars. This article is written with a descriptive-analytical method with the aim of explaining the factors and consequences of distortions in hadiths. Since a small change in letters and words fails us in reaching the main intention of Masoom (pbuh), it is very important to pay attention to the damage of "distortion". Keywords: hadith jurisprudence, tasheef, distortion, effects, tahteeb al-ahkam. Manuscript profile

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37 - Social tolerance to deal with civil insurgency
mostafa ghayoomzadeh ahmad morad khani Alireza Asgari

Protests, on the opposite side of obedience, means disobeying orders and protesting laws. These concepts have similarities and differences, and they have certain rules so that a person can move towards his perfection, and these crimes prevent this movement. Therefore, t More

Protests, on the opposite side of obedience, means disobeying orders and protesting laws. These concepts have similarities and differences, and they have certain rules so that a person can move towards his perfection, and these crimes prevent this movement. Therefore, this research has studied the conceptual and ruling distinction between muharibeh and civil protests, focusing and emphasizing on Imam Khomeini's (RA) perspective. The results of this research show that there is a relationship between war and civil, public and private issues; That is, sometimes civil protest is also done in Moharebeh, and some of them are combined with Moharebeh. Civil protest does not necessarily involve resorting to weapons, which may not be on the roads and streets and not detrimental to public security, although in cases of crimes detrimental to security, the punishment will be accompanied by the severity of the action, but leaving is an example of the punishment of war. If the crime of moharebah occurs inside the cities, they will be subject to the severe sentence of moharebah. The relationship between muharibeh and baghi, which can be one of the aspects of civil protests, is public and private, because the two concepts, in addition to having common examples, also have their own examples and... the sacred law for preserving human and social values in the first stage He is interested in publishing moral teachings, enjoining good and forbidding evil in the second stage, and enforcing limits and punishments in the next stage. This research is a descriptive library-type research with an applied purpose, in order to respond to the needs of the society, which can be used in various educational and research centers. Manuscript profile

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