perUniversity of Judicial Sciences and Administrative Services - Academic Association of University of Judicial Sciences and Administrative Servicesفصلنامه علمی قضانامه2025-1239840articleThe Extension of Islamic Philosophy and Ḥikmah in the Principles of Legal Reasoning and the Science of Sharīʿa-Based Law (Fiqh) in Imāmī JurisprudenceSayyed Nima Norouzin.nima1376@gmail.com1Department of Jurisprudence and Private Law, Faculty of Sciences and Knowledge, Al-Mustafa International University, Qom Seminary, Qom, Iran<p>This study examines the relationship between Islamic philosophy and the science of uṣūl al-fiqh, exploring the ways philosophical inquiry influences the formation, evolution, and methodological structure of legal reasoning in Imāmī jurisprudence. As a foundational discipline, philosophy—through its ontological, epistemological, and linguistic frameworks—has continuously shaped the development of both fiqh and uṣūl. At times, this influence has been restrictive, such as during the era of Akhbārī dominance, when philosophical skepticism contributed to stagnation in ijtihād. At other times, it has been constructive, invigorating legal theory with rationalist methodology, strengthening its foundations, and opening new horizons for deduction and interpretation. The central question addressed is: In what dimensions has philosophy impacted uṣūl al-fiqh and fiqh, and what opportunities and challenges has this interaction created? The objectives of the study include: explaining the influence of philosophical questions on the overarching structure of fiqh, including its methods and subject matters; clarifying the role of philosophical principles in resolving specific issues within legal theory; identifying opportunities created by the entry of philosophical reasoning into the domain of ijtihād; analyzing challenges such as the conflation of realities (ḥaqāʾiq) and constructs (iʿtibārāt); and ultimately proposing a balanced framework that enables the use of philosophy without compromising the normative and constructed nature of uṣūl al-fiqh. The findings demonstrate that philosophy influences legal theory at both macro and micro levels. At the macro level, it contributes to the formation of a philosophical outlook toward fiqh, strengthens critiques of Akhbārī traditionalism, transforms legal language and the interpretation of expressions, and helps articulate the overarching structure and aims of legal reasoning. At the micro level, philosophical rules—such as “the unity of the cause” (qāʿidat al-wāḥid) and the impossibility of causal influence from nonexistence—are applied in discussions within uṣūl and fiqh. The study concludes that a critical, measured, and methodologically conscious engagement between philosophy and Islamic legal theory enriches and revitalizes the system of ijtihād, enhancing both its dynamism and its capacity for problem-solving in contemporary contexts.</p>http://aujsas.ir/Article/52337philosophy of fiqh philosophy of uṣūl practical wisdom philosophy of legislation value system philosophical extension.perUniversity of Judicial Sciences and Administrative Services - Academic Association of University of Judicial Sciences and Administrative Servicesفصلنامه علمی قضانامه2025-12394166articleA New Perspective on the Principles and Doctrines of Systemic Jurisprudence (Fiqh al-Niẓāmāt) from the Standpoint of Public Imāmī JurisprudenceSayyed Nima Norouzin.nima1376@gmail.com1Seyyed Samsameddin Qavamisa.choupanpisheh@gmail.com2Department of Jurisprudence and Private Law, Faculty of Sciences and Knowledge, Al-Mustafa International University, Qom Seminary, Qom, IranDirector of the Islamic Management Jurisprudence Foundation and External Lecturer, Qom Seminary, Qom, Iran<p>Public jurisprudence (fiqh ʿāmm) is a branch of Islamic legal science concerned with discovering and articulating Sharīʿa rulings related to public affairs. Because of its direct engagement with all dimensions of Muslim social life, it is regarded as the most practical and applied domain of Islamic studies. Its subject matter encompasses citizen–citizen relations, citizen–state interactions, and the conduct of the Islamic state in relation to other states. In the contemporary era—especially with the rise of Islamist movements and renewed debates on the relationship between religion and modernity—the significance of public jurisprudence has dramatically increased. The essential task of this discipline is to establish a methodologically sound coordination between the changing realities of social life and the immutable textual foundations of religion. The present article, addressing the scarcity of research on the principles and doctrines of public jurisprudence and their role in social and governmental arenas, seeks to clarify these doctrines and demonstrate their applicability in political and administrative contexts. By doing so, it aims to prevent discretionary governance and misuse of ambiguity in public Islamic matters. Following the introduction, the first chapter defines the problem and provides conceptual clarification of public jurisprudence, alongside a brief historical overview. The second and third chapters describe and analyze the collected data and present a detailed examination of the core doctrines of public jurisprudence. Finally, the study concludes by synthesizing the findings and presenting the principal results of the research.</p>http://aujsas.ir/Article/52338doctrines of public jurisprudence public fiqh Islamic legislation Islamic policymaking Islamic legal systemperUniversity of Judicial Sciences and Administrative Services - Academic Association of University of Judicial Sciences and Administrative Servicesفصلنامه علمی قضانامه2025-12396775articleThe Jurisprudential and Legal Effects of Tadlīs al-Māshiṭa (Cosmetic Deception) through Modern Cosmetic Surgery in Marriage Contractsathar darvishe athar.darvishe7531@yahoo.com1PhD in International Law; Supervisor and Reviewer at Al-Thaqalayn International Satellite Network, Tehran, Iran<p>Cosmetic surgery is a modern and increasingly widespread phenomenon that has significantly influenced various dimensions of individual and social life. Because multiple actors participate in this process, it inevitably gives rise to numerous legal and jurisprudential challenges. In recent years, scholars of Imāmī jurisprudence as well as contemporary jurists have examined the legal status of cosmetic procedures, presenting arguments and enforceable legal consequences based on principles such as the lā ḍarar rule (no-harm principle), the rule of taslīṭ (authority over property), diyah (financial compensation), and general rules of liability. In the specific issue of tadlīs al-māshiṭa—a form of deceptive beautification—the jurists hold diverging views: some argue for the permissibility of cosmetic surgery, while others deem such procedures impermissible. In Iranian law, the legislator’s explicit reference in paragraph 2 of Article 59 of the Islamic Penal Code—which invokes “religious necessity” as a legal standard—illustrates the importance of jurisprudential considerations in legitimizing certain beautification practices. This research, conducted through a descriptive-analytical method and relying on library sources, analyzes the jurisprudential and legal implications of modern cosmetic surgery when it constitutes deception in the context of marriage contracts.</p>http://aujsas.ir/Article/52339Tadlīs al-māshiṭa modern cosmetic surgery marriage contract deception in marriage.perUniversity of Judicial Sciences and Administrative Services - Academic Association of University of Judicial Sciences and Administrative Servicesفصلنامه علمی قضانامه2025-12397692articleCriminalization of Child Abandonment by Parents under Iranian Lawathar darvishe athar.darvishe7531@yahoo.com1PhD in International Law; Supervisor and Reviewer at Al-Thaqalayn International Satellite Network, Tehran, Iran<p>The family plays a fundamental role in ensuring social well-being, and children—whose full personal development relies on proper parental care—are expected to grow within the protective framework of the family. From this foundation arises the principle of preserving the child’s continuous connection with his or her family. Yet adherence to this principle is not always beneficial; when parents abandon their children in uninhabited or unsafe places, the best interest of the child requires that such conduct be independently criminalized. The legal consequences must vary according to the severity of the situation, ranging from mitigated penalties in less harmful cases to harsher punishments and even deprivation of custody in severe instances. This article employs a library-based method and, given the qualitative nature of the research, adopts a descriptive–analytical approach. It explains core concepts related to parental rights and responsibilities—including custody (ḥaḍānah) and guardianship (wilāyah)—and examines their legal nature from the perspective of jurists and Islamic scholars. The study further explores the rationale behind criminalizing child abandonment, the harms suffered by children, the underlying motives driving parents to engage in such behavior, and proposes practical strategies for reducing the occurrence of this troubling phenomenon.</p>http://aujsas.ir/Article/52340criminalization abandonment child parents custody guardianship.perUniversity of Judicial Sciences and Administrative Services - Academic Association of University of Judicial Sciences and Administrative Servicesفصلنامه علمی قضانامه2025-123993118articleThe Right of Access to the Internet in International Law and Human RightsSeyyed Mohammad Reza Ghasem Tabar ghasemtabar@yahoo.com1PhD in International Law; President of Al-Thaqalayn International Satellite Network, Tehran, Iran<p>Individuals’ access to the Internet has become a central issue in the field of communications law due to its close connection with the realization of human rights and fundamental freedoms, as well as its role in fulfilling social needs and interests. Today, at both the international and national levels, Internet access is widely discussed from cultural, social, economic, legal, and political perspectives. In this context, the United Nations General Assembly adopted a non-binding resolution in 2016 titled “The promotion, protection and enjoyment of human rights on the Internet.” This resolution acknowledges the importance of the Internet and emphasizes the protection of individuals’ right to access it. Given the increasing importance of this technology in contemporary society, a crucial question arises: How can the right to Internet access be conceptualized as a human right within the international legal system? This research seeks to answer that question through an examination and analytical interpretation of the Universal Declaration of Human Rights (UDHR). Employing a descriptive–analytical method, the study explores how existing human rights frameworks support the recognition of Internet access as a fundamental right necessary for the exercise of other basic freedoms.</p>http://aujsas.ir/Article/52341right of access to the Internet human rights international legal system people’s rightsperUniversity of Judicial Sciences and Administrative Services - Academic Association of University of Judicial Sciences and Administrative Servicesفصلنامه علمی قضانامه2025-1239119147articleA Study of the Differential Criminal Policy of the Iranian Legal System in Conditions of Military WarAmir Hossein Yousefniaa_yousefnia@aujsas.ir1Mohammad Reza ShekordaeiMrhrdadrad@gmail.com2Majid Matin Rasekhm.matinrasekh@qodsiau.ac.ir3Integrated LL.M. , University of Judicial Sciences and Administrative Services, Tehran, Iran1. Department of Law, Faculty of Law, Islamic Azad University, Shahre-Qods Branch, Shahre-Qods, Iran2. PhD in Criminal Law and Criminology, Retired Judge, Lecturer, Islamic Azad University, Shahre-Qods Branch, Shahre-Qods, Iran <p>Decision-making and the adoption of necessary measures during exceptional circumstances constitute one of the essential duties of state authorities, particularly in relation to the fundamental principles of criminal law and the system of crimes and punishments. Such decisions inevitably arise from abnormal conditions that compel political leadership to deliberate on appropriate methods of confronting emerging threats through legally defined obligations and prohibitions. Hot warfare—that is, direct military confrontation between states—is no exception. Rather, it generates a legal environment in which firmly established criminal norms must address issues such as specialized criminal procedures, dedicated courts, war-related offenses, binding orders of competent authorities, legislative deficiencies, declarations of war, and the formal identification of a wartime situation. Despite this, the criminal policy of the Iranian legal system—while adhering fully to international law, respecting the territorial integrity of other states, and abstaining from aggression—remains fundamentally grounded in peaceful principles. However, this should not be interpreted as passivity in the face of violations of Iran’s land, sea, or air sovereignty. On the contrary, backed by the authority of the Leader of the Islamic Ummah and the courage of the nation’s armed forces, the Iranian legal system foresees a decisive and overwhelming response to any act of aggression, in accordance with the statements of the Supreme Leader, Imam Khamenei. Accordingly, the present study explores the criminal policy of the Iranian legal system during conditions of hot war, aiming to elucidate ambiguities, conceptualize the governing principles, and clarify the framework of wartime criminal policy through a structured synthesis of relevant concepts and norms.</p>http://aujsas.ir/Article/52342wartime conditions criminal policy differential criminal policy law military war.perUniversity of Judicial Sciences and Administrative Services - Academic Association of University of Judicial Sciences and Administrative Servicesفصلنامه علمی قضانامه2025-1239148166articleExamining the Legitimacy of Compensating for Moral Damages from the Perspective of Imāmī Jurisprudence and Iranian LawKhadijeh Ganjkhanlookhghanjkhanlou@gmail.com1Ali Ashraf Sobhanisobhanialiashraf49@gmail.com2Department of Private Law, Islamic Azad University, Zanjan Branch, Zanjan, IranAssistant Professor, Department of Law, Faculty of Law, Islamic Azad University, Abhar Branch, Zanjan, Iran<p>Moral damages, due to their inherent complexities and the difficulty in accurately measuring them, represent a fundamental challenge in legal systems. In Iranian law, compensation for moral damages can be achieved through various means, such as apologies, monetary compensation, or symbolic actions. Various methods for evaluating moral damages have been proposed, including financial equivalence, the use of legal tariffs, and judicial assessments based on the specific circumstances of each case. Many countries, such as France, have adopted similar methods to those in Iran’s legal system for compensating such damages. However, in some instances, Western legal systems also use non-monetary compensation or even criminal penalties to ensure justice. In Islamic law, moral damages, especially those affecting an individual's reputation and dignity, can be compensated through financial penalties (ta‘zīrāt) and restorative actions such as diya (blood money) or ʿarsh. This article examines the various methods of compensating for moral damages in Iranian law and compares them with the legal systems of other countries.</p>http://aujsas.ir/Article/52343moral damages compensation Iranian law diya international law damage assessment.perUniversity of Judicial Sciences and Administrative Services - Academic Association of University of Judicial Sciences and Administrative Servicesفصلنامه علمی قضانامه2025-1239167200articleGeneral Rules of the Market Transactions from the Perspective of the Applicable Law and JurisprudenceSayyed Nima Norouzin.nima1376@gmail.com1Amirhossein Shoaashoa@gmail.com2Erfan Mousazadehe_mousazadeh@aujsas.ir3Department of Jurisprudence and Private Law, Faculty of Sciences and Knowledge, Al-Mustafa International University, Qom Seminary, Qom, IranJudicial Intern, Judiciary Training Center, Islamic Republic of IranMaster of judicial Sciences, University of judicial Sciences and Administrative Services, Tehran, Iran<p>Jurisprudential rules are fundamental tools for analyzing and explaining the economic doctrine of Islam, and they play a crucial role in regulating market transactions. This article examines the Islamic jurisprudential rules related to economic transactions, their implementation, and their impact on the market. In addition to traditional rules such as atlāf (wasting), ītmān (trust), iḥsān (beneficence), al-muḥsūn ‘inda shurūṭihim (mutual obligation in their conditions), and ‘usr wa ḥaraj (hardship and necessity), some new rules are also considered, which can guide the market towards an ethics-based and just system. Rules such as isrāf (extravagance), ḍarūrah (necessity), freedom and non-coercion, anti-monopoly, cooperation, right of priority, and the validity of Muslim actions are analyzed as fundamental principles governing economic transactions. These rules, in addition to regulating relations among market actors, promote transparency, justice, and help prevent harm and monopoly in transactions. The examination of these rules reveals that Islamic jurisprudence not only provides a legal and ethical framework for transactions but also possesses the capacity to uncover new economic rules. It can contribute to regulating modern markets and enhancing economic activity based on Shariʿah principles. The study concludes that integrating Islamic jurisprudential rules with economic policymaking is an effective approach to achieving justice and transparency in Islamic market transactions.</p>http://aujsas.ir/Article/52345 jurisprudential rule market transactions economic justice extravagance necessity freedom and non-coercion anti-monopoly cooperation right of priority.perUniversity of Judicial Sciences and Administrative Services - Academic Association of University of Judicial Sciences and Administrative Servicesفصلنامه علمی قضانامه2025-1239201222articleMediation, Peace, and Reconciliation: Alternative Dispute Resolution Approaches with a Jurisprudential and Judicial Perspective, and a Comparative Study of Iran and Germanymahdiyar salemiyanmahdyar.salemyan@yahoo.com1Department of Judicial Sciences, Faculty of Law and Judicial Sciences, University of Judicial Sciences and Administrative Services, Tehran, Iran<p>This article examines the concepts of mediation, peace, and reconciliation within the framework of Islamic law and jurisprudence. Mediation is introduced as an alternative dispute resolution method in which a neutral third party assists the conflicting parties in reaching a solution through meetings and dialogue. Compared to traditional litigation methods, mediation offers advantages such as lower costs, confidentiality, and time savings. Additionally, mediation can act as a preventative measure for future disputes and facilitate negotiations in contracts. The section on peace and reconciliation defines crime and its types, including offenses that are pardoned (forgivable) and those that are non-pardoned (non-forgivable). Forgivable crimes are those that depend on the complaint of the private party, and prosecution ceases upon the victim’s pardon. In contrast, non-forgivable crimes are public offenses, and the victim’s forgiveness does not affect prosecution. The article then examines mediation in Imāmī jurisprudence, with a focus on the concepts of “iṣlāḥ dhāt al-bayn” (reconciliation between people) and “shafā‘ah” (intercession). In Islamic jurisprudence, mediation is most commonly framed as shafā‘ah, where a third party seeks to create peace and reconciliation between the disputants. However, mediation, in cases where a ruler is involved as one of the parties, is prohibited within the limits of ḥadd (prescribed punishments). Finally, the article explores the differences between mediation and reconciliation, examining these concepts from the perspective of German law. While the two concepts share similarities, they also have differences in their practical applications. For instance, the role of a conciliator may be more active than that of a mediator. Overall, the text emphasizes the importance of mediation and peace efforts in resolving conflicts, reducing social tensions, and strengthening relationships. The Qur'an and Islamic narrations also stress the importance of striving for peace and reconciliation among individuals.</p>http://aujsas.ir/Article/52346Mediation Iranian legal system German legal system criminal law cooperation right of priority.