http://www.joila.ir/ Islamic Legal Analysis en daily 1 Tue, 21 May 2024 00:00:00 +0330 Tue, 21 May 2024 00:00:00 +0330 http://www.joila.ir/article_204139.html Abstract     this regard, various measures have been taken by the different societies that have pursued specific objectives such as punishment, deterrence, compensation, etc. These measures include reforming, rehabilitating, and resocializing the criminals. This issue has a history of only more than two centuries in the Western world, but there are many propositions in Islamic texts. However, the basics of the reformation of criminals have been less comprehensively investigated, especially from the perspective of Islamic jurisprudence. This article aims to analyze the fundamentals of Islamic jurisprudence on reforming criminals with a descriptive-analytical method. The findings of the research show that, in addition to the numerous verses of the holy  Qur'an, in the manner of the imams (S.A), especially the governmental life of the Prophet (S.A)  and Imam Ali (S.A), attention to this matter is seen. In addition, the reformation of criminals is also subject to the proof of the “preventing of evil”. Even if these jurisprudential evidences are ignored, the need to avoid the harmful consequences of not reforming the criminals, demands that we put the expediency in accepting these measures.  http://www.joila.ir/article_204147.html AbstractThe right to health is one of the fundamental human rights, and the origin of the obligations of private individuals and governments lies in the domestic and international legal systems of human rights. Taking advantage of the right to health and public health helps to improve the level of health in the society. The description of the patient's awareness in expressing consent to medical interventions includes awareness of several elements: the nature of the medical decision, alternative treatment methods to the intervention method in progress, the risks and benefits of the proposed treatment, and the possible side effects of each treatment method.The way of legislation and regulation in the implementation of the principle of speed and dignity of the patient, in order to intervene in the crisis of the tense behavior of mental patients, is part of a set of challenges in the field of consent and innocence, which in terms of the evolution of the foundations of the civil and criminal responsibility of the doctor in the rights of some Other countries, by the method of theoretical analysis in Iranian jurisprudence and criminal law, have been discussed in this article, and suggestions have been made for reforming the criminal policy governing the "Executive Code of Keeping and Treating the Insane" (enacted in 2018) and related articles in some criminal laws. The content and form of Iran is presented.  http://www.joila.ir/article_204141.html AbstractThe victory of the Islamic revolution in Iran led by Imam Khomeini is a divine gift and of the type of movement of divine Prophets (S.A.). Explicating the Civilization capacity of the Islamic revolution is not only a necessity, but also a transcendental mission and goal; because, the Islamic culture is the Islamic revolution identity, a concordant model of fundamentalism and creativity, rationality and spirituality, excellence and holiness, morality and fiqh (jurisprudence), independence and dignity, freedom and knowledge. The civilization capacity of the Islamic revolution can be analyzed and proved considering the philosophy of history, the nature of Islamic revolution and the potential capabilities of the world of Islam. The Islamic movements in the recent century are the revelation of this magnificent feeling that has been objectified in the victory of the Islamic revolution. Paving the ground for the Islamic culture constituents (the system of values, leadership, unity, security, government, law and building a nation, in the light of the guidance of a conscious and committed leadership to Islam) and their stabilization in the constitution is among the achievements of the Islamic revolution. The flowering of the civilization capacities of the Islamic revolution rests on the efficiency of the constituents and the observance of conditions of revival of Islamic culture (a true return to Islam (the Quran and Sunnah), diligence to Islamic unity, re-reading the principles and goals of revolution and its pathology (identifying the causes of internal and external degeneration of the revolution).  http://www.joila.ir/article_204143.html AbstractEvery theory of criminology is based on an intellectual framework including theoretical ideas about ontology, anthropology and epistemology. In a certain theory, anthropology plays the main role, because the subject of human sciences is about man and his capabilities. However, non-Islamic schools of criminology are still confused in understanding man and his existential dimensions due to the lack of revelation and narrative teachings.In this article, in the light of the Holy Qur'an and Shia traditions, the existential dimensions of man have been investigated, which has an important impact on the explanation of crime and criminal responsibility. In this regard, this research has found Allameh Tabatabai's theory as a reference theory. With the recent considerations, the result of this article is that according to Islamic anthropology, man is a free-willed being whose will is the main cause of criminal behavior. However, individual or environmental factors (both material and transcendental) have an incomplete causal effect. Adherence to this theory under Islamic anthropology will leave rays in the explanation and manner of criminal responsibility, punishment, assistance and participation in the crime and exculpatory factors of the accused.  http://www.joila.ir/article_204144.html Abstract The right to health is one of the fundamental human rights, and the origin of the obligations of private individuals and governments lies in the domestic and international legal systems of human rights. Taking advantage of the right to health and public health helps to improve the level of health in the society. The description of the patient's awareness in expressing consent to medical interventions includes awareness of several elements: the nature of the medical decision, alternative treatment methods to the intervention method in progress, the risks and benefits of the proposed treatment, and the possible side effects of each treatment method.The way of legislation and regulation in the implementation of the principle of speed and dignity of the patient, in order to intervene in the crisis of the tense behavior of mental patients, is part of a set of challenges in the field of consent and innocence, which in terms of the evolution of the foundations of the civil and criminal responsibility of the doctor in the rights of some Other countries, by the method of theoretical analysis in Iranian jurisprudence and criminal law, have been discussed in this article, and suggestions have been made for reforming the criminal policy governing the "Executive Code of Keeping and Treating the Insane" (enacted in 2018) and related articles in some criminal laws. The content and form of Iran is presented.  http://www.joila.ir/article_204145.html Abstract The offspring of illegitimate intercourse is called the walad zina (or illicit child) by the Imami law, however, since he is a human being, he has the very rights of a Muslim. It means that there is no difference between legitimate child`s rights or illicit one; consequently, to be an illicit child is not a criminal offence, but his parents` fornication is a determined (hodud) crime, and so in accordance with principle of personalizing penalties, he must  not be punished for the crime of his  parents. However, the claim of Dr. Kohlberg is that based upon the Imami traditions and jurisprudence, the such a child should be deprived of the Shiite rights, since he  is not known as an Imami individual, but he is an infidel. In this paper, we will show that the most of traditions and jurisprudential theories which have been cited by Etan Kohlberg has been rejected by well-known Imami jurists, including Imam Khomeini. Therefore, if the author had not relied on the invalid sources, he could have transmitted the true data to the Western readers for all these years.