Imam Sadiq UniversityJournal of Islamic Law Research2251-985810220100220A Comparative Study of the Punishment of Swindling in the Law of Iran and France and the Shia jurisprudenceA Comparative Study of the Punishment of Swindling in the Law of Iran and France and the Shia jurisprudence531124810.30497/law.2012.1248FAJafarKooshaRahmatollahRezaeiJournal Article20091019Swindling is a fraudulent act aimed at unlawfully obtaining another’s property. The use of deceitful means, misleading the victim, and inducing the transfer of property are among the defining characteristics of this crime. The offence of swindling can occur in various forms, and the legislator has prescribed different punishments depending on the seriousness of the act, the status of the offender, and the extent of harm inflicted upon society. This article first presents a comparative study of the principal punishments for swindling under Iranian and French law, highlighting the similarities and differences between these two legal systems. It then proceeds to examine and analyze the accessory and supplementary penalties associated with this offence in both systems.Swindling is a fraudulent act aimed at unlawfully obtaining another’s property. The use of deceitful means, misleading the victim, and inducing the transfer of property are among the defining characteristics of this crime. The offence of swindling can occur in various forms, and the legislator has prescribed different punishments depending on the seriousness of the act, the status of the offender, and the extent of harm inflicted upon society. This article first presents a comparative study of the principal punishments for swindling under Iranian and French law, highlighting the similarities and differences between these two legal systems. It then proceeds to examine and analyze the accessory and supplementary penalties associated with this offence in both systems.https://ilr.isu.ac.ir/article_1248_39e4973ba3321b80f37d9b55f63ed8b8.pdfImam Sadiq UniversityJournal of Islamic Law Research2251-985810220100220A Study of the Nature and Foundations of plurality of Liability in Paying a DebtA Study of the Nature and Foundations of plurality of Liability in Paying a Debt3155124910.30497/law.2009.1249FASeyyed MostafaSa'adat MostafaviTayyebAfsharniaJournal Article20091008In commercial transactions and relations among people, guaranteeing the collection of debt is of high significance. Thus, in the absence of such a guarantee, people would not undertake transactions. Finding ways and mechanisms for creating guarantees for creditors has always been a major concern for parties to contracts. This article studies the possibility and manner of a creditor’s recourse to various persons for collecting his debt within the framework of the plurality of liability in paying a single debt. Plurality of liability, in its narrower sense, means that a person, without being originally obligated to a debt, is nevertheless bound to pay the creditor.In commercial transactions and relations among people, guaranteeing the collection of debt is of high significance. Thus, in the absence of such a guarantee, people would not undertake transactions. Finding ways and mechanisms for creating guarantees for creditors has always been a major concern for parties to contracts. This article studies the possibility and manner of a creditor’s recourse to various persons for collecting his debt within the framework of the plurality of liability in paying a single debt. Plurality of liability, in its narrower sense, means that a person, without being originally obligated to a debt, is nevertheless bound to pay the creditor.https://ilr.isu.ac.ir/article_1249_2ba8698b79439589fdd2b0f7218d8b07.pdfImam Sadiq UniversityJournal of Islamic Law Research2251-985810220100220Removal of the AgentRemoval of the Agent5591125010.30497/law.2012.1250FAMohsenEizanloAbbasMirshekariJournal ArticleArticle 678 of the Civil Code considers removal of the agent as one of the ways of terminating agency. A comparison of Articles 186 and 954 of the Civil Code leads to the conclusion that agency is a revocable contract. The revocability of this contract is also recognized in jurisprudential texts. Article 680 of the Civil Code provides that the mere decision of the principal regarding removal is not sufficient for the termination of agency, and the agent must be informed of it. The present article studies the jurisprudential background of this issue, its influence on the relevant articles in the Civil Code, and the foundation and scope of the matter of law and the matter of fact in Article 680 of the Civil Code.Article 678 of the Civil Code considers removal of the agent as one of the ways of terminating agency. A comparison of Articles 186 and 954 of the Civil Code leads to the conclusion that agency is a revocable contract. The revocability of this contract is also recognized in jurisprudential texts. Article 680 of the Civil Code provides that the mere decision of the principal regarding removal is not sufficient for the termination of agency, and the agent must be informed of it. The present article studies the jurisprudential background of this issue, its influence on the relevant articles in the Civil Code, and the foundation and scope of the matter of law and the matter of fact in Article 680 of the Civil Code.https://ilr.isu.ac.ir/article_1250_81e5f81db77c596492e6f1a5a792ed53.pdfImam Sadiq UniversityJournal of Islamic Law Research2251-985810220100220Jurisprudential and Legal foundations and effects of Flagrant OffencesJurisprudential and Legal foundations and effects of Flagrant Offences91141125110.30497/law.2012.1251FAMehdiChoopaniJournal Article20091103In one categorization, offences in criminal law are divided into flagrant and non-flagrant ones. The procedural laws of Iran concerning flagrant offences have adopted quick legal procedures with minimal formalities. Substantive laws have also provided for aggravated punishment and specific criminalization concerning flagrant offences. This criminal institution has certain jurisprudential foundations. In Shiite jurisprudence, flagrant offences are referred to by expressions such as overtly committing a sinful act, open commission of sins, or public commission of sins. Numerous regulations also apply to those who have committed such offences, including their disqualification from receiving a share of <em>Khums</em> and <em>Zakat</em>, permission to disapprove of and dishonor them, extinction of their justice, and invalidation of their testimony. From a criminal procedure perspective, prompt and simplified action in dealing with these offences is emphasized. The essential characteristic of the jurisprudential approach is its substantive focus on social responses to the offence, manifested in severe and serious social reactions and deprivation of certain social rights. However, the common point in both jurisprudential and legal literature is the recognition of the institution of flagrant offences as an independent institution. In both approaches, flagrant offences, due to their open commission, are recognized as an independent institution with unique characteristics.In one categorization, offences in criminal law are divided into flagrant and non-flagrant ones. The procedural laws of Iran concerning flagrant offences have adopted quick legal procedures with minimal formalities. Substantive laws have also provided for aggravated punishment and specific criminalization concerning flagrant offences. This criminal institution has certain jurisprudential foundations. In Shiite jurisprudence, flagrant offences are referred to by expressions such as overtly committing a sinful act, open commission of sins, or public commission of sins. Numerous regulations also apply to those who have committed such offences, including their disqualification from receiving a share of <em>Khums</em> and <em>Zakat</em>, permission to disapprove of and dishonor them, extinction of their justice, and invalidation of their testimony. From a criminal procedure perspective, prompt and simplified action in dealing with these offences is emphasized. The essential characteristic of the jurisprudential approach is its substantive focus on social responses to the offence, manifested in severe and serious social reactions and deprivation of certain social rights. However, the common point in both jurisprudential and legal literature is the recognition of the institution of flagrant offences as an independent institution. In both approaches, flagrant offences, due to their open commission, are recognized as an independent institution with unique characteristics.https://ilr.isu.ac.ir/article_1251_838e8afb1ca34354ac209f53d90c3a43.pdfImam Sadiq UniversityJournal of Islamic Law Research2251-985810220100220An Analytical Study of the Position of interpretation of Doubts in favor of the Defendant in Criminal LawAn Analytical Study of the Position of interpretation of Doubts in favor of the Defendant in Criminal Law141159125210.30497/law.2012.1252FAHasan AliMoazzenzadeganHasanGholam Ali ZadeJournal Article20091113The general nature of the law, and at times its ambiguity, obscurity, inconsistency, or silence, necessitate interpretation. The Islamic Penal Code and the Criminal Procedure Code are affected by these issues. The present article conducts a desk-based and theoretical study of the articles of these laws. In cases of doubt regarding the intention of the legislator, one must first attempt to discern the legislator’s real intention. However, if such an attempt proves unsuccessful, the case should be construed in favor of the defendant. In establishing the commission of a crime, if the arguments for accusation are insufficient or there is no evidence against the defendant to support a conviction, the principle of innocence must be followed. Essentially, doubt in such cases is equivalent to failure to establish the crime and must therefore be resolved in favor of the defendant.The general nature of the law, and at times its ambiguity, obscurity, inconsistency, or silence, necessitate interpretation. The Islamic Penal Code and the Criminal Procedure Code are affected by these issues. The present article conducts a desk-based and theoretical study of the articles of these laws. In cases of doubt regarding the intention of the legislator, one must first attempt to discern the legislator’s real intention. However, if such an attempt proves unsuccessful, the case should be construed in favor of the defendant. In establishing the commission of a crime, if the arguments for accusation are insufficient or there is no evidence against the defendant to support a conviction, the principle of innocence must be followed. Essentially, doubt in such cases is equivalent to failure to establish the crime and must therefore be resolved in favor of the defendant.https://ilr.isu.ac.ir/article_1252_a284df1155ec3e67286080500df36a9a.pdfImam Sadiq UniversityJournal of Islamic Law Research2251-985810220100220Influence of Repressive Criminal Policy on the Rate of Commission of Crimes and a Cursory Look at the Criminal Policy of IslamInfluence of Repressive Criminal Policy on the Rate of Commission of Crimes and a Cursory Look at the Criminal Policy of Islam159189125310.30497/law.2012.1253FAAliGholamiMohamad MehdiRahimiJournal Article20091205Criminal policy is one of the most significant branches of criminal sciences, comprising several important issues and discussions. Over time, the definition of criminal policy and the ideologies governing it have undergone fundamental changes. Thus, in each stage, experts in criminal sciences have presented more complete and comprehensive definitions compared to previous ones. The most important issue in criminal policy is the choice between two ideologies: repressive or rehabilitative. Managers and decision-makers in the field of criminal policy regulate the methods of dealing with offences and offenders in society based on one of these ideologies. Explaining the repressive criminal policy, the present article studies the causes of the tendency of managers and decision-makers in criminal policy toward repressive approaches. It also examines the factors contributing to crime reduction as a result of applying such a policy in society. Furthermore, by referring to the model of criminal policy in Islam, the article critiques the aforementioned ideologies within a religious framework.Criminal policy is one of the most significant branches of criminal sciences, comprising several important issues and discussions. Over time, the definition of criminal policy and the ideologies governing it have undergone fundamental changes. Thus, in each stage, experts in criminal sciences have presented more complete and comprehensive definitions compared to previous ones. The most important issue in criminal policy is the choice between two ideologies: repressive or rehabilitative. Managers and decision-makers in the field of criminal policy regulate the methods of dealing with offences and offenders in society based on one of these ideologies. Explaining the repressive criminal policy, the present article studies the causes of the tendency of managers and decision-makers in criminal policy toward repressive approaches. It also examines the factors contributing to crime reduction as a result of applying such a policy in society. Furthermore, by referring to the model of criminal policy in Islam, the article critiques the aforementioned ideologies within a religious framework.https://ilr.isu.ac.ir/article_1253_b495ce63ede0f4efc9eec62cb947c162.pdfImam Sadiq UniversityJournal of Islamic Law Research2251-985810220100220Conventional Regulations of Surrogate Child in relation to Succession and MaintenanceConventional Regulations of Surrogate Child in relation to Succession and Maintenance189243125410.30497/law.2012.1254FAAsefHamdollahiBehzadPoorseyyedJournal Article20091206There is a rule for every act in the holy religion of Islam. The issue of surrogacy and the affiliation of the surrogate child is among those matters whose rules must be determined. The present article focuses on the conventional rules regarding the surrogate child in relation to succession and maintenance. One of the questions addressed is whether the surrogate child shares in the estate after the demise of its father along with other heirs. The issue of the inheritance of the frozen embryo is also worthy of study due to its relation to the succession rights of surrogate children. Another important question is whether the embryo in the womb of the surrogate mother is entitled to maintenance. The present article attempts to provide well-founded responses to these and other related questions based on jurisprudential and legal principles as well as the juridical views of Muslim jurisprudents and legal doctrines.There is a rule for every act in the holy religion of Islam. The issue of surrogacy and the affiliation of the surrogate child is among those matters whose rules must be determined. The present article focuses on the conventional rules regarding the surrogate child in relation to succession and maintenance. One of the questions addressed is whether the surrogate child shares in the estate after the demise of its father along with other heirs. The issue of the inheritance of the frozen embryo is also worthy of study due to its relation to the succession rights of surrogate children. Another important question is whether the embryo in the womb of the surrogate mother is entitled to maintenance. The present article attempts to provide well-founded responses to these and other related questions based on jurisprudential and legal principles as well as the juridical views of Muslim jurisprudents and legal doctrines.https://ilr.isu.ac.ir/article_1254_884ce4bb65d328ecb03c598409e2b168.pdf