Background: Judgment of a criminal policy Resolving criminal cases in various ways and manifestations, outside the scope of official repressive measures, is a strategy of contracting criminal law derived from civil law, and its main root is in ethics and morality. In society, and given that the prosecution of a criminal case is not the main purpose of criminal law; Rather, prosecution is seen a...

the civil sanction is one of the most important sanctions for protecting copyright. in french law a special action named counterfeit action is predicted, which not only compensate the damages but also it has a preventive effect. this action doesn't require the proving of the fault and the lawsuit can be done by the author and the person who is awareded the exclusive licence. in this legal ...

the mental disabled are not regarded responsible for their harmful behavior as they are unable to realize the harmful effect of their conduct. thus their behavior cannot be considered as culpable and they are not at fault in a moral sense. however french law (art. 489- 2 code civil) and iranian law (art. 1216 iranian civil code), impose legal liability to such persons for their tortiuos behavio...

Under this title I organized, on March 26 and 29, 2010, a workshop that discussed the place of Islamic law in the national codes of states with predominantly Muslim populations in the Middle East and Southeast Asia. What place do their codes assign to Islamic law? As none of the states concerned—with the exception of Turkey—declares itself to be a secular state, they can all claim that the law ...

the condition for the legatees inheriting from their legators, as asserted in the first part of article 875 of civil law, is that the legatee is to be alive when the legator dies. therefore, for someone to inherit from another person, his or her being alive is to be certified at the time of the legator’s death. however, article 873 of civil law, in accordance with civil jurisprudence, has exclu...

the iranian civil code is mostly influenced by juristic sources and french law. in the article 1234 of french civil code, a legal institution entitled “terminator condition” is included in the causes of discharge of an obligation. the article 264 of iranian civil code, which deals with description of causes of discharge of an obligation, corresponds to the article 1234 of french civil law. howe...

This study aimed to reveal the phenomenon of formal legal law that contrasts with principles justice for children, best interest child, and progressive Islamic jurisprudence (fiqh). The high number applications legitimation determination children in juridical area relative competence City-Regency Religious Courts indicate who have not received recognition, status, identity from both their paren...

This paper intends to examine the methods of reasoning that are employed in Fiqh and critically discuss their adoption in Islamic economics. The paper argues that the methods used in Fiqh are mainly designed to find out whether or not a certain act is permissible or prohibited. Islamic economics, on the other hand, is a social science. Like any other social science its proper unit of analysis i...