perUniversity of Judicial Sciences and Administrative Services - Academic Association of University of Judicial Sciences and Administrative Servicesفصلنامه علمی قضانامه2025-11265468articleAmir Mojtahediamirmojtahedi2003@gmail.com1Faculty of Law, Shahid Beheshti University, Tehran, Iran<p>Today, holding companies attract individuals as shareholders, leading to the establishment of companies with a legitimate nature, where subsidiary companies are controlled under them. However, these subsidiaries are often created with the intent of generating illicit profits. This formation, along with transactions involving third parties, profit attraction, and capital increase, allows the main company&rsquo;s structures to conceal fraudulent gain under the guise of corporate identity. By injecting immediate profits into its subsidiaries, the parent company may artificially present itself as bankrupt. The economic and managerial relationship between the parent company (at the top of the holding) and its subsidiaries enables control over the dependent companies, which, in turn, allows the parent company to assume liability and control. In cases where criminal elements emerge through the involvement of the subsidiary, the concept of agency theory can be invoked to eliminate the independent corporate entities, hold the primary parties accountable, and impose criminal liability for fraudulent activities. Every right that is exercised entails both positive and negative obligations. Consequently, when the true principal (the parent company) derives a benefit, it assumes responsibility and is barred from misusing that right. The unity of benefit and ownership between the parent and the subsidiary, along with the principle of preventing fraud and the requirement of good faith in the relative nature of contracts, leads to the obligation of the parent company or subsidiary to bear responsibility for any wrongdoing. This study examines the nature of this bankruptcy, the process of profit absorption and injection, and the potential liability of the companies' structures, particularly the directors, from both a theoretical and practical perspective.</p>http://aujsas.ir/Article/52176Fraud Prevention Phantom Profit Parent Company Subsidiary Company Fraudulent Bankruptcy Lifting the Corporate Veil Judicial Practice Profit Injection Unjust Enrichment Full Compensation Principle.perUniversity of Judicial Sciences and Administrative Services - Academic Association of University of Judicial Sciences and Administrative Servicesفصلنامه علمی قضانامه2025-11266974articleMehdi Vahid Qarabaghloowww.MahdiVahidi.Gharabaghloo@gmail.com1Graduate of Master’s in Criminal Law and Criminology, Judicial Intern, Judiciary of the Islamic Republic of Iran, Iran <p>The rule regarding the authority of a final criminal judgment in a civil dispute is reflected in Article 18 of the Criminal Procedure Code. According to this rule: if the facts relevant to a civil dispute have been examined in a criminal proceeding, and the contents of the final criminal judgment indicate the affirmation or negation of those facts, the civil court must follow the final criminal judgment regarding the matter. Examples of the application of this rule were previously outlined in Article 227 of the Civil Procedure Code, concerning the forgery of documents, and now, Article 18 of the Criminal Procedure Code introduces this rule as a general principle, making a final criminal judgment that is relevant to the substance of the civil case binding for the civil court. It appears that a criminal judgment that affects the substance of a civil case can either be a ruling or a substantive final decision. The impact on the substance of the civil case means that the presence or absence of factual matters that serve as the basis for the civil lawsuit has already been established in the criminal proceedings, and the contents of the final criminal judgment are sufficient to prove or disprove the claimant's entitlement in the civil case. The basis for this rule can be found in general principles such as the authority of res judicata, the preservation of public order, the necessity to avoid conflicting judgments, and the extensive powers of the criminal authority in matters of proof.</p>http://aujsas.ir/Article/52177Res Judicata Conflicting Judgments Criminal Judgments Civil DisputesperUniversity of Judicial Sciences and Administrative Services - Academic Association of University of Judicial Sciences and Administrative Servicesفصلنامه علمی قضانامه2025-11267593articleMostafa EsmailpourMostafaesmaeilpoor61@gmail.com1Department of Criminal Law and Criminology, Faculty of Law, Razavi University of Islamic Sciences, Mashhad, Iran <p>Mahr, as one of the fundamental legal and jurisprudential institutions in the Iranian family system, is considered an obligatory part of the marriage contract, and its payment by the husband is seen as a binding commitment. In Iranian law, mahr has both a religious and legal dimension, and the country's civil laws, following Shia jurisprudence, regulate the provisions related to mahr. Mahr is not merely a financial obligation but a symbol of the husband's responsibility towards the wife and the family, serving as a guarantee for protecting the woman's rights within the family framework. Upon the occurrence of the marriage contract, the ownership of the mahr is transferred to the wife, and according to the majority of jurists, she has the right to dispose of the entire mahr; however, according to the minority opinion, this right to dispose is limited prior to intimacy or the establishment of the mahr. In Iran&rsquo;s legal system, mahr plays a significant role in strengthening the family structure and guaranteeing the financial rights of women. This article, with an analytical approach, examines the nature of mahr, its various forms, and its position as a financial right for women from both a jurisprudential and legal perspective. It also explores the various dimensions of this important institution, referencing reliable jurisprudential sources and civil laws. Moreover, mahr serves as a tool for balancing marital relationships and reducing the harms caused by family disputes. From a sociological perspective, mahr can be considered a factor for enhancing the psychological and economic security of women in society. A comparative analysis of mahr in other legal systems reveals that this institution holds a special position in Iranian law and is regarded as one of the pillars of family consolidation.</p>http://aujsas.ir/Article/52178Mahr Marriage Ownership Women's Rights Psychological SecurityperUniversity of Judicial Sciences and Administrative Services - Academic Association of University of Judicial Sciences and Administrative Servicesفصلنامه علمی قضانامه2025-112694108articleSeyed Yaser Shujaei Langarishojaeeyaser0936@gmail.com1Master's Degree in Criminal Law and Criminology, Licensed Attorney at Law<p>With the emergence of new technologies in various aspects of social and economic life, crime prevention, as a key area in the field of law and criminology, has also been influenced by these developments. In this context, Artificial Intelligence (AI) and Data Mining have become advanced tools that enable the analysis of large-scale data and the identification of criminal patterns. These technologies, through complex machine learning algorithms, can process enormous amounts of data in a very short time and offer predictions based on statistical analyses of crimes, identify suspicious behaviors, and even simulate crimes. Recent advancements in AI and data mining have led to significant transformations in the way crime prevention is approached. One important application of these technologies is their use in predicting and simulating crime occurrences in specific areas or based on behavioral patterns. Specifically, these technologies help judicial and law enforcement authorities identify areas more prone to crime and adopt more effective preventive measures based on data analysis. However, the use of these technologies comes with various legal and ethical challenges. One of the most significant concerns is privacy, as the processing of personal data and smart surveillance can lead to violations of individual rights and personal freedoms. Additionally, algorithmic biases may result in unfair and discriminatory decisions against certain social, racial, or gender groups. Alongside these issues, the criminal liability of AI decisions is also a complex legal matter. In the event of errors by intelligent systems, it must be determined who or which entity is responsible for these mistakes.</p>http://aujsas.ir/Article/52179Artificial Intelligence Data Mining Crime Prevention Criminological Analysis Privacy.perUniversity of Judicial Sciences and Administrative Services - Academic Association of University of Judicial Sciences and Administrative Servicesفصلنامه علمی قضانامه2025-1126109121articleali poormanuchehriali_poormanuchehri@yahoo.com1athar darvishe athar.darvishe7531@yahoo.com2Seyed Mehdi Narimaninarimani@mofidu.ac.ir3Assistant Professor, Islamic Azad University, Tehran Central Branch, Tehran, IranPhD Candidate, Islamic Azad University, North Tehran Branch, Tehran, IranAssistant Professor, Department of Theology and Educational Vice President, Mofid University, Qom, Iran<p>One of the recent legal issues in society is the matter of heavy dowries. In fact, the determination of high dowries by couples, which are sometimes beyond the financial capacity of the husband, has become a common legal issue. These dowries are often placed as a general obligation on the husband, while the circumstances show that the obligor not only lacks the actual ability to pay but also has little to no probability of being able to pay in the future. The invalidity of such dowries due to their inability to be delivered has been discussed. However, this objection, based on invalidity, is not referenced in jurisprudence. It seems that the invalidity of dowries on the grounds of being impossible to deliver is only possible based on certain jurisprudential foundations. After discussing and analyzing various possibilities on the matter, the belief in the invalidity of heavy dowries due to being impossible to deliver is preferred. Another argument that can be made is the lack of will from the obligor to pay the dowry, where the inability to pay is seen as an indication of a lack of intent to fulfill the obligation. This study uses a descriptive method and library sources to explore the relevant issues and analyze the problems related to heavy dowries.</p>http://aujsas.ir/Article/52180Ability to Deliver Obligation to Pay Obligor’s Ability Invalidity of DowryperUniversity of Judicial Sciences and Administrative Services - Academic Association of University of Judicial Sciences and Administrative Servicesفصلنامه علمی قضانامه2025-1126132152article Sayyed Nima Norouzin.nima1376@gmail.com1Department of Jurisprudence and Private Law, Faculty of Sciences and Knowledge, Al-Mustafa International University, Qom Seminary, Qom, Iran<p>Judicial independence is a prerequisite for the rule of law and a fundamental guarantee for fair trials. Therefore, every judge must strengthen and manifest judicial independence both personally and institutionally. In the Iranian legal system and Shia jurisprudence, judicial independence is primarily associated with the separation of powers, meaning the independence of the judiciary and the judge from external influences. Fundamental principles regarding the independence of the judiciary are a key legal issue, and considering that judges make crucial decisions about citizens' lives, freedoms, rights, duties, and property, the enhancement of judicial independence plays a significant role in ensuring justice and guaranteeing fundamental rights and freedoms. On the other hand, a lack of judicial independence can contribute to violations of citizens' rights and freedoms. This study explores both the institutional independence of the judiciary and the personal independence of judges and examines its boundaries from the perspectives of jurisprudence, law, and international documents.</p>http://aujsas.ir/Article/52181Judicial Independence Judiciary Independence Principle of Independence and Impartiality Personal Independence Institutional IndependenceperUniversity of Judicial Sciences and Administrative Services - Academic Association of University of Judicial Sciences and Administrative Servicesفصلنامه علمی قضانامه2025-1126153192articleSeyyed Samsameddin Qavamisa.choupanpisheh@gmail.com1Sayyed Nima Norouzin.nima1376@gmail.com2Director of the Islamic Management Jurisprudence Foundation and External Lecturer, Qom Seminary, Qom, IranDepartment of Jurisprudence and Private Law, Faculty of Sciences and Knowledge, Al-Mustafa International University, Qom Seminary, Qom, Iran<p>This article examines the strategies for the development and formulation of an Islamic judicial system to achieve the objectives of Islamic judicial governance. In light of the objectives of Sharia and wisdom in the Islamic judicial system, this study analyzes principles such as transparency, judicial independence, meritocracy, accountability, and justice within the judicial system and explores how they influence efficiency and sustainable justice in society. Additionally, it provides a comparison between the judicial systems of Islamic countries and global models, demonstrating how international experiences can be leveraged to improve the Islamic judicial system. The goal of this research is to introduce strategies based on Sharia and wisdom principles that can help formulate and develop an Islamic judicial system. In this context, suggestions are made to enhance transparency, strengthen judicial independence, establish meritocratic standards, and create effective accountability mechanisms in the Islamic judicial system. This research aims to assist policymakers and judicial authorities in Islamic countries in developing effective strategies to achieve justice and improve the quality of adjudication in their judicial systems.</p>http://aujsas.ir/Article/52460Islamic Judicial Governance Objectives of Sharia Transparency Accountability Judicial IndependenceperUniversity of Judicial Sciences and Administrative Services - Academic Association of University of Judicial Sciences and Administrative Servicesفصلنامه علمی قضانامه2025-1126193215articleSeyyed Samsameddin Qavamisa.choupanpisheh@gmail.com1Sayyed Nima Norouzin.nima1376@gmail.com2Director of the Islamic Management Jurisprudence Foundation and External Lecturer, Qom Seminary, Qom, IranDepartment of Jurisprudence and Private Law, Faculty of Sciences and Knowledge, Al-Mustafa International University, Qom Seminary, Qom, Iran<p>This study examines the strategies for the development of the Islamic judicial system from the perspective of major policy principles such as law-centeredness, legitimacy, efficiency, and judicial management. In the contemporary world, judicial governance, as one of the pillars of good governance, emphasizes concepts such as transparency, accountability, judicial independence, and effectiveness, which have been developed in many Western judicial systems. However, these concepts have not been comprehensively examined and applied within the framework of Imami jurisprudence. In Imami jurisprudence, the judiciary is regarded as a divine office, the responsibility of which is not only placed upon rulers but also upon qualified jurists. This perspective underscores the necessity of re-examining judicial governance in Islam. The aim of this research is to extract and analyze the strategies for Islamic judicial governance based on Imami jurisprudence principles, which can be aligned with modern governance principles. Principles such as law-centeredness, social legitimacy, judicial system efficiency, and judicial management are explored as key elements of this study. In this context, the present research investigates the challenges of aligning these principles with modern judicial structures and proposes suitable models to enhance the legitimacy and efficiency of the Islamic judicial system in the Islamic Republic of Iran.</p>http://aujsas.ir/Article/52461Development of the Islamic Judicial System Law-Centeredness Legitimacy Efficiency Judicial ManagementperUniversity of Judicial Sciences and Administrative Services - Academic Association of University of Judicial Sciences and Administrative Servicesفصلنامه علمی قضانامه2025-1126730articleYousef Mohammadi Moghadamy.mohammadi@ujsas.ac.ir1Reza Eainieini.alef@gmail.com2Sajad Jiriyai Sherahieataei1352@gmail.com3Amir Eainihopechicharelloodv57@gmail.com4Professor, Faculty of Judicial Registration and Management, University of Judicial Sciences and Administrative Services, Tehran, IranMaster's degree, Faculty of Judical Sciences, University of Judical Sciences and Administrative Services, Tehran, IranMaster of Judical Sciences, University of Judical Sciences and Administrative Services, Tehran, IranMaster of Legal Sciences, University of Legal Sciences and Administrative Services, Tehran, Iran<p>The judicial system, as one of the essential pillars of governance, requires a framework that, while adhering to jurisprudential principles and justice-centeredness, is also capable of addressing contemporary managerial challenges. Ayatollah Hashemi Shahroudi, as one of the prominent jurists and judicial reformers of contemporary times, presented a model of "jurisprudence-based judicial governance," based on dynamic ijtihad, structural justice, and systematic pragmatism. This study, using an analytical-descriptive method, examines the jurisprudential foundations underlying his judicial thought and evaluates their impact on the judicial reforms during his presidency of the Judiciary. The analysis of the theoretical foundations reveals that, in Ayatollah Hashemi Shahroudi's thought, justice-centeredness is presented as the core principle of judicial governance. It is institutionalized in judicial processes through jurisprudential rules such as the "Rule of Justice," the "Rule of No Harm," and "Rights of Others." Additionally, the role of dynamic ijtihad in adapting the judicial system to the demands of time emphasizes the potential of governance jurisprudence in managing the legal system. His reformative actions, such as revising criminal and civil procedure laws, combating economic corruption through institutionalizing jurisprudential-legal oversight, and utilizing modern technologies in judicial processes, demonstrate efforts to create a balance between tradition and modernity within the Judiciary. The findings of this research indicate that the model of judicial governance based on governance jurisprudence not only ensures religious legitimacy but also enhances transparency, efficiency, and accountability in the management of the judicial system. In this context, developing a strategic document for judicial management based on governance jurisprudence and fostering interdisciplinary research between jurisprudence, law, and management could facilitate the transformation and modernization of the judicial system. This study, by providing practical solutions, emphasizes the necessity of strengthening the convergence between jurisprudential foundations and management principles to achieve just and efficient governance within the judicial system.</p>http://aujsas.ir/Article/52172Judicial Jurisprudence Judicial Governance Dynamic Ijtihad Ayatollah Hashemi Shahroudi Strategic Judicial ManagementperUniversity of Judicial Sciences and Administrative Services - Academic Association of University of Judicial Sciences and Administrative Servicesفصلنامه علمی قضانامه2025-11263155articleSeyyed Kamran FathullahiS.ali@ihu.ac.ir1Kiumars Zamani Sheikh Abadzamanikumars7688@gmail.com2Assistant Professor, Imam Hussein University, Faculty of Social and Cultural Sciences, Tehran, IranPhD student in Public Law, Imam Hussein (AS) University, Tehran, Iran.<p>This study examines the political and legal thoughts of Ayatollah Hashemi Shahroudi regarding citizens' rights and the position of the judiciary in safeguarding these rights within the judicial system of the Islamic Republic of Iran. Considering that the foundations of Islamic human rights and their formulation were among the primary concerns of Ayatollah Hashemi Shahroudi during his tenure as a judge and religious scholar, the main issue of this research is to elucidate the role of the judiciary in the realization and protection of citizens' rights from the perspective of his legal and political thoughts. The main objectives of this research are: To clarify the position of citizens' rights in Ayatollah Hashemi Shahroudi's political and legal thought; To analyze the role of the judiciary in protecting citizens' rights according to his views; To provide a specific model for the implementation of human rights within the Islamic Republic, based on the views of Ayatollah Hashemi Shahroudi.The methodology of this research is descriptive-analytical, and the necessary data were collected through library studies and content analysis of the works and speeches of Ayatollah Hashemi Shahroudi. Primary sources, including his books, articles, and speeches, were utilized for this purpose. The findings of the research indicate that during his presidency of the Judiciary, Ayatollah Hashemi Shahroudi paid serious attention to a people-centered approach and consistently defended citizens' rights. It is noteworthy that Ayatollah Hashemi Shahroudi, by offering Islamic models in the field of human rights and citizenship, sought to guide the governance system of the Islamic Republic of Iran, particularly the judiciary, towards a path that would be a true guardian and protector of citizens' rights. It is important to mention that Ayatollah Hashemi Shahroudi's views can serve as a solid foundation for both the theoretical and practical development of citizens' rights in the legal system of the Islamic Republic of Iran.</p>http://aujsas.ir/Article/52175Citizens' Rights Judiciary Ayatollah Hashemi Shahroudi Islamic Human Rights Judicial Justice.