Akhlāq-i zīstī

Background and Aim: Today, despite significant ambiguities as well as fundamental criticisms of the privatization of prison sentences, the growing popularity of private or non-governmental institutions interfering with alternatives to imprisonment or social punishment can be seen. The cooperation of these non-governmental organizations is very evident in various ways, especially in American law, including towards vulnerable people such as children and adolescents. In Iranian criminal law, despite the negative attitude towards the privatization of prisons, the involvement of public institutions in social reform punishments can be considered in line with some teachings and some regulations emphasize this. In line with the fundamental question of the feasibility of such an approach, examples of social penalties in US criminal law and their contexts in Iran will be discussed.

Materials and Methods: This research is theoretical. The research method is descriptive-analytical and the method of data collection is library, which was done by referring to documents, books and articles.

Ethical Considerations: In order to organize this research, while respecting the originality of the texts, honesty and fidelity have been considered.    

Findings: It seems that the involvement of private non-governmental organizations as the implementer of some alternative correction responses, complying with moral norms, can at the same time strengthening the participatory policy and achieving the goals of social punishments by reducing the density of criminal cases and increasing their accuracy by attracting the cooperation of private sector experts.   

Conclusion: Incentives to generate income and profit from convicts, as well as some structural-executive challenges such as discrimination and violence can overshadow the effectiveness of private enforcement of social correction penalties. Therefore, strengthening monitoring, case and limited implementation combined with expression and periodic pathology of performance can prevent the emergence of such obstacles. In Iranian criminal law, this policy is at the beginning of the road and despite anticipating some aspects of it, many of its components and practical formalities have been silenced that indicating the need for more technical legislation in this regard.

Please cite this article as: Khorshidi E, Shekarchizadeh M, Ghasemi Kahriz Sangi R. Challenges to Private Enforcement of Social Correction Penalties Alternative to Imprisonment in Iranian Law and the United States of America in the Light of Ethical Principles. Bioethics Journal, Special Issue on Ethical & Legal Reflections 2021; 7-22.

Background and Aim: Rulings and laws that can take place in different time and place conditions are fixed rulings, and rulings that are temporary or differ by lifestyle, are variable. The fixed and variable issue in the Iranian legal and penal system is important because the study of the history of changes in laws does not show a change commensurate with the needs of individuals and society. Banks are still grappling with a dilemma called usury over jurisprudential opinions and various laws. The stability of laws prevents the dynamics of rights. To prevent such a situation, it is necessary to examine the effective context in the formation of laws, including their historical context, to answer the question of what is the impact of pre-Islamic Arab ethics in the formation of criminal law.

Materials and Methods: This article with a descriptive-analytical and library method reviewed the foundations of the conservatives and tried to explain the position of the historical context of sentencing.

Ethical Considerations: In order to organize this research, observing the originality of the texts, honesty and fidelity have been noticed.

Findings: One-sided concern for the appearance of the Book and Tradition in setting punishments (fixation), and disregard for the history of the age of revelation, is certainly one of the reasons for the reduction of the content of the existing penal system. This basis is not justified from a logical point of view; it imposes criminal punishments commensurate with one era on other eras.

Conclusion: The pre-Islamic legal regime contains some "moral considerations" consistent with the free-spirited morality of the ancient Arabs and sometimes ignorant exploitation, which constituted the status of laws related to Usury, the Guarantee of Wisdom, the Blood Money of One Hundred Camels, and cases like this. It should not remain constant so far the extent that important in criminal principles such as the principle of personal punishment, the principle of proportionality of crime and punishment, the principle of rational and moral justification of punishment, will be neglected.

Please cite this article as: Poursaeid R, Fakheri N, Mehrafshan AR, Faghanpour S. Fixed and Variable in the Iranian Penal System with a Historical Approach to Pre-Islamic Moral Considerations. Bioethics Journal, Special Issue on Ethical & Legal Reflections 2021; 23-34.

Background and Aim: Mankind is an existing whose education has a special role in his life, and accordingly, in today's world, the issue of education is a key issue. An important part of education in the developed world is devoted to systems that train people who are independent and, of course, interact with others, flexible and believe in teamwork. The aim of this study was to explain the necessities of raising a child and creating independence in him with an integrated comparative approach from the perspective of religious teachings and psychology.

Materials and Methods: The method of the present research is descriptive-analytical and the collection of information was done in library method by referring to documents, books and articles.

Ethical Considerations: At all stages of this research, while observing the originality of the texts, honesty and fidelity have been considered.

Findings: The findings of the present study show that, in educational styles of psychology, the right to control the upbringing of children belongs to the parents. However, in a responsible style based on religious teachings, this right belongs to God, and the parents believe that they have children in their care so they are responsible for their care and upbringing and in the presence of God, they are required to answer for their actions. This belief in the existence of responsibility if they disobey the divine commands creates an inner obligation for them.

Conclusion: Responsible parents, based on monotheism, ask their children to think about God's creations. They want their child to have a strong relationship with God and to keep mentioning him in the heart and head of their life and not to associate anything with God.

Please cite this article as: Niasadegh GH, Hosseini SH, Vakilian M. Requirements for the Upbringing and Independence of the Child in Religious Teachings and Psychology. Bioethics Journal, Special Issue on Ethical & Legal Reflections 2021; 35-52.

Background and Aim: The Holy Quran mentions the words "Jalabib" and "Khomor" as examples of clothing for women. The presence of these words in the verses of the Qur'an shows that the Arab community was no stranger to these words and used them as a means of covering, although their hijab had more natural than religious aspects. In this research, women's clothing and its requirements have been studied with regard to the principle of dignity.

Materials and Methods: The present study is theoretical in terms of research type and descriptive-analytical in terms of method. The method of collecting information is in the form of a library (documentary) one which has been done while referring to the relevant books and articles.

Ethical Considerations: In order to organize this article, while observing the authenticity of the texts, honesty and fidelity have been observed.

Findings: "Khimar" is a covering for the head and hair, according to verse 31 of Surah Noor, the Almighty God said; use it to cover the chest slits. Another reason for wearing the head is that hair is a part of a woman's adornment and covering the adornment is necessary. But it seems that "Jilbab" is a kind of just recommended cover.

Conclusion: God Almighty gives great dignity to women and considers all these authorities and honors of a lady in maintaining her chastity. It seems that if a special order has been given for covering and hijab in this regard, it is of great importance. Therefore, what is more important than the hijab and is a sign of the existence of chastity is to avoid flaunting in women. Therefore, it cannot be claimed that a person who does not have a cover like a Khimar or a Jilbab is not chaste and has no dignity.

Please cite this article as: Fazeli Biabanki A, Ehteshaminia M, Talib Tash A. Women's Clothing (Jilbab and Khimar) in the Light of the Principle of Human Dignity. Bioethics Journal, Special Issue on Ethical & Legal Reflections 2021; 53-68.

Background and Aim: Notaries are among the most influential institutions in contemporary societies which regulate the relations of individuals as well as valid legal mechanisms to provide an important part of the necessities of social life. Considering the extent and influence of notaries on the legal relations of individuals in the society, the present study examines the position of notaries in the field of public ethics.

Materials and Methods: The method used in this study is descriptive-analytical; In other words, by examining the formation, historical and legal developments of the registration of deeds and property, the role of notaries in the public moral field is explained.

Ethical Considerations: In all stages of this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

Findings: Social institutions such as notaries have an influential function in the fields of common good, public services and dejudicialization from the community, defense of the rule of law and transparency, as well as providing services based on formal and non-discriminatory relations, which is why they are closely linked to public morality. In other words, if the above-mentioned functions are performed, notaries can organize the relevant field of public ethics of the society.

Conclusion: Due to the importance of written and official documents, notaries play a prominent role in reducing disputes, lawsuits and judicial problems, and thus provide security in the field of public ethics. Accordingly, notaries should have more access to the judiciary and legal field and, while dejudicialization from the community, along with the institutions of judiciary, offer their services to the community. This can be a great help in resolving problems before going to the judiciary when it is based on the submission and acceptance of official documents to resolve disputes.

Please cite this article as: Abdul Maleki M, Hashemi SM, Gorji Azandariani AA. Functioning of notaries in the field of public ethics. Bioethics Journal, Special Issue on Ethical & Legal Reflections 2021; 69-79.

Background and Aim: The distance between the dramatic changes in scientific findings in the world, known as the Industrial Revolution, is decreasing, and with a deeper solidarity in the cyber and biological sectors, the Fourth Industrial Revolution is at the peak of its evolution. The present study with a descriptive-analytical method, in search of understanding this increasing correlation and its consequences, tries to examine security threats in the bio-cyber sector, turning cyberspace into an undeniable platform in various fields of biological sciences and introduce this increasingly dependent situation as a serious challenge to science and technology at the peak of the Fourth Industrial Revolution.    

Materials and Methods: This research is of theoretical type and the research method is descriptive-analytical. The method of data collection is library and has been done by referring to documents, books and articles.

Ethical Considerations: In order to organize this research, while respecting the authenticity of the texts, honesty and fidelity have been observed.

Findings: With the advent of computers in the field of information and the admirable advancement in the field of artificial intelligence, as much as information storage and processing has become easier, information theft and misuse of data has also been facilitated. Unauthorized intrusion or access by hackers for various purposes indicates the fact that the vulnerabilities and the possibility of its occurrence are very high and the title of winning and losing governments in the field of bio-cyber according to the ability to protect such data will become a reality in the not too distant future.

Conclusion: Bio-Cyber threats and crimes can play a crucial role in the vital substructures of any society. Bio-cybercrime is considered as a serious threat to the social order in this sector. Therefore, bio-cyber security is of great importance while maintaining security between new biological technologies such as artificial biology as well as DNA and cyberspace.

Please cite this article as: Amiri A, Shekarchizadeh M, Shekarchizadeh Esfahani AR, Masoud GH-H. Bio-Cyber Threats and Crimes, the Challenges of the Fourth Industrial Revolution. Bioethics Journal, Special Issue on Ethical & Legal Reflections 2021; 81-97.

Background and Aim: The principle of individualization of punishments is considered as one of the basic principles of criminal law systems that are very closely related to fundamental human rights. The purpose of this study is to investigate the principle of individualization in relation to the criminal process related to children and adolescents.

Materials and Methods: This research is theoretical type; the research method is descriptive-analytical and the method of data collection is library, which was done by referring to documents, books and articles.

Ethical Considerations: In this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

Findings: The findings of the present study show that non-binding UN documents, due to their high flexibility and inspiration from international human rights norms and principles, are highly consistent with the structures and norms of domestic systems in terms of content.

Conclusion: Non-binding UN documents relating to children and adolescents in prison generally seek to prevent violations of the law by them. They also improve the treatment of children and adolescents accused or suspected of violating the law. Finally, by supporting children and adolescents deprived of their liberty, strengthening of the aggression and delinquency of them has been prevented, so that children can be reformed and return to their community and family.

Please cite this article as: Alizadeh F, Abbasi A, Esmaili M. Individualization in the Juvenile Criminal Process in the Light of Non-Binding UN Documents. Bioethics Journal, Special Issue on Ethical & Legal Reflections 2021; 99-115.

Background and Aim: Sustainable development is a universal demand for fundamental and positive change in human life, and on the other hand, the principle of freedom in the exploitation and permanent sovereignty of governments over their natural resources is respected as a legally binding principle; but the desire to exploit these resources and accelerate development has created a deep gap between the interests of the present generation and the next generation, which has raised the issue of justice beyond the present generation.

Materials and Methods: This research is theoretical in sort of type and the method is descriptive-analytical. The method of data collection is library and has been done by referring to documents, books and articles.

Ethical Considerations: In this research, Principles related to research ethics and especially fidelity has observed in citing the sources and references of the article.

Findings: Research findings show that intergenerational justice requires that development should not be at the expense of future resources and a balance between intergenerational interests should be considered. In this regard, the model of sustainable development in order to distribute intergenerational resources in the literature of law and politics writers has been proposed as a desirable model.

Conclusion: Trade agreements in general can improve the harmonization of environmental standards and drive policies towards environmental subsidies and environmental trade and financial standards. Although the multilateral trade system encourages the use of international standards and enables higher levels of environmental protection, it should be noted that further liberalization and competition, do not degrade environmental standards.

Please cite this article as: Samandi Janian M, Atashneh M, Sadeghi M. Environmental Investment and the Sustainable Development in the Light of Intergenerational Justice. Bioethics Journal, Special Issue on Ethical & Legal Reflections 2021; 117-135.

Background and Aim: In this article, while examining the registration rules of procedure of the committees subject to the Law on Adding Articles to the Law on Organizing and Supporting the Production and Supply of Housing approved in 2009 in the light of the principles of fair trial, the efficiency of this special administrative authority and its shortcomings will be considered, aiming to amend the law by the legislator.

Materials and Methods: The present research is theoretical and its method is descriptive-analytical. Also, the method of collecting information is in the form of library, which is done while referring to documents, books and articles.

Ethical Considerations: In order to organize the present study, while respecting the originality of the texts, the ethical principles of honesty and fidelity have been observed.

Findings: There are two different approaches to the principles of fair trial: the minimum approach and the maximum approach. The purpose of the minimum approach is that only the courts and dispute resolution authorities should adhere to the principles of a fair and just trial, but the purpose of the maximum approach is that all institutions and elements of government should put these principles at forefront of their work in order to play their roles. In the maximum approach, quasi-judicial institutions, such as registration dispute resolution boards, should also apply the principles of fair trial. 

Conclusion: registration dispute resolution boards, In order to be able to play an inherent role in the true sense of the word, must have a written code of conduct. Summarizing the process of reviewing the boards to the executive regulations, has caused them to avoid entering into disputes and to consider the disputes as the duty of the judicial authorities, which is done after issuing a verdict and receiving protest from individuals.

Please cite this article as: Fatemian AM, Hassani AR, Khajehzadeh A. The Role and Function of the Dispute Resolution Board in Registering Rural Property Documents from the Perspective of Legal-Ethical Principles of Fair Trial. Bioethics Journal, Special Issue on Ethical & Legal Reflections 2021; 137-156.

Background and Aim: Researchers argue that a plethora of factors are involved in the formation of desirable bioethics in the family, the most significant of which are the rights and duties of family members, in particular those of husband and wife, as the basis of the family system. As such, the present study seeks to examine the relationship between rights and duties and the formation of desirable bioethics from the perspective of Motahari.

Materials and Methods: Owing to the theoretical and qualitative nature of the research subject, a mixed method of textualism and contextualism are used for the purposes of the study. That is, the study initially focuses on texts and the potential semantic associations therein while considering the historical and political context and the intellectual and social developments within which the texts were delivered. The required information is collected from library archives through the index.      

Ethical Considerations: Principles related to research ethics and especially fidelity has been observed in citing the sources and references of the article.

Findings: Findings of the research indicate that, according to Motahari, desirable bioethics in the family are the ones that are based on respect for rights and duties, innate talent and acquired ability, as well as the rule of good companionship (… “Consort with them in an honorable manner” …). Moreover, the basis of the principle of equality, which corresponds to appreciating individual differences, loyalty, and self-sacrifice in the family and providing the necessary grounds for the upbringing of well-behaved children, are among the elements of good bioethics in the family system.   

Conclusion: According to Motahari, the optimal model of bioethics is based on the denial of materialistic approach in performing rights and duties, acceptance of differences as a factor for respect and recognition of household members, consideration of individual differences, acceptance of innate differences, and acquired abilities of human beings as the main complement and the driving force of the household, and ultimately, the gift-like interpretation of Mahr (i.e., dower). As such, Motahari argues that even the most detailed matters such as women's employment, make-up, and fragrance, and the manner of conversation between the couples are extensively outlined by the optimal bioethics model provided by the fiqh.

Please cite this article as: Lotfi Diba ME, Mortazavi S-KH, Taghavi Moghadam SM. The Position of Rights and Duties in the Formation of Desirable Bioethics in the Family According to Morteza Motahari. Bioethics Journal, Special Issue on Ethical & Legal Reflections 2021; 157-169.

Background and Aim: It is desirable to apply only legal norms based on the administration of justice, but in special circumstances that originate from surroundings or personal circumstances, the administration of justice can lead to rigid and unconvincing consequences for individual and social conscience. In such cases, applying the rule of fairness, especially in the form of corrective fairness, can soften the administration of justice. Accordingly, the present study seeks to discuss the ethical justification for using the rule of fairness in criminal convictions.  

Materials and Methods: The present study is theoretical and the study method is descriptive-analytical. The method of conducting research is library, which is based on documentary and library sources to review the subject, focusing on legal and jurisprudential sources.   

Ethical Considerations: In carrying out the various stages of the present study, ethical and scientific principles, including citing scientific sources and fiduciary, have been observed.

Findings: In some criminal offenses, which also carry criminal convictions, although these punishments are considered fair by law, they may not be very acceptable in terms of public conscience or the intentions of the convicts. Understanding the circumstances of criminal acts, distinguishing between intentional or inadvertent criminal acts, paying attention to the public conscience in accepting or not accepting convictions, are among the cases that raise the principle of fairness as a support for the realization of justice.

Conclusion: The rule of justice seeks to reconcile criminal convictions with human and public conscience and to distinguish between crimes by understanding the circumstances and contexts of the crime. In addition, the results of fairness are the promotion of forgiveness, devotion and understanding between the litigants, the provision of conditions for participation between the prevailing party and losing party, as well as creating a flexible environment for a fairer judgment in criminal matters. Therefore, the central point of the rule of fairness in criminal convictions is to respect the rights of individuals, the public interest and to prevent the violation of individual rights.

Please cite this article as: Ahmadizadeh SHR, Mahmoudi Janki F, Sheidaeian M. Ethical Justification for Applying the Rule of Fairness in Criminal Convictions. Bioethics Journal, Special Issue on Ethical & Legal Reflections 2021; 175-184.

Background and Aim: Acquisition of Nationality is one of the most important legal and political issues in today's society, and there are different attitudes towards it from various aspects. In this way, although the views of statute law and Islamic jurisprudence are two different views, but finding common moral points in the Acquisition of Nationality to some extent, can create a convergence between jurisprudential and legal views.  

Materials and Methods: The present study seeks to examine Nationality from a jurisprudential-legal perspective based on a descriptive-library method by presenting a combination of ideological and material principles.

Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

Findings: Although Islamic jurisprudence considers the Acquisition of Nationality on the basis of belief and membership in the Islamic government (treaty), but it takes a similar ethical approach to the principles of Acquisition of Nationality in statute law, which emphasize soil (place of birth) and blood (blood relation). Therefore, what has adopted in the statute law in different countries and Iranian domestic law on nationality is highly compatible with the jurisprudential approach. 

Conclusion: What is morally evident in Islamic jurisprudence and statute law is the attempt to eliminate and minimize dual citizenship. Also, the principles and foundations of jurisprudence, including granting citizenship rights to non-Muslims, can be extended to the rights of stateless people and therefore in Islamic jurisprudence, there is a constructive moral attitude towards reducing and eliminating statelessness. In conclusion, efforts to help stateless people due to issues such as war, famine and civil disorder, as well as countering the promotion of dual citizenship due to difficult citizenship duties, are among the ethical principles of the statute law in international law and Islamic jurisprudence.

Please cite this article as: Gholizadeh A, Nikomanesh A, Bahrami Nejad Maghviyeh A. Ethical commonalities of Acquisition of Nationality in Islamic jurisprudence and statute law. Bioethics Journal, Special Issue on Ethical & Legal Reflections 2021; 181-190.

Background and Aim: Desirable bioethics is one of the goals of any political and social system, which is considered as a form of peaceful and a just life. This approach is also prominent in the Islamic system. However, various factors such as public trust are effective in achieving the desired bioethics in the Islamic system that the present study addresses these issues and seeks to show how the elements of public trust can achieve the desired bioethics in the Islamic system.

Materials and Methods: The method used in the present study is descriptive-analytical, which has been done by searching and examining information in books, historical and religious texts, verses and hadiths, as well as related research to collect data and analyze the subject.

Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

Findings: Commitment to the covenant, enjoining the right and forbidding the wrong, responsibility, accepting criticism and critique, as well as the rule of law are among the moral values that grow in the shadow of public trust in society and provide the basis to achieve the desirable bioethics. Fulfilling the covenant in act on promises and agreements of the people and the Islamic system, enjoining the right and forbidding the wrong in trying to establish moral values and eliminating vices, responsibility means performing tasks to organize political and social life and the rule of law, acting on the basis of the precepts of Sharia are manifested as the ground for the realization of the desired bioethics in the Islamic system.

Conclusion: Public trust, both vertically (the relationship between citizens and the political system) and horizontally (the relationship between citizens with each other), leads to the formation of moral and human values to achieve the desired bioethics in the Islamic system. The values of loyalty, honesty, responsibility, obedience to the law and fulfillment of religious and legal duties and orders, are obtained in the Islamic system if that people trust each other and their trust in the political system is achieved. Therefore, public trust is the background and promoter of moral values in Islamic society.

Please cite this article as: Hosseini SM, Pour Manouchehri A, Masoumi J. The Role of Public Trust in the Achievement of Desirable Bioethics in the Islamic System. Bioethics Journal, Special Issue on Ethical & Legal Reflections 2021; 191-201.

Background and Aim: Foreign trade as a link between different sectors of the economy has strategic importance in the macroeconomy of each country and in a broader sense, creates a logical relationship between the sectors of production-consumption and exports-imports and establishes the balance of supply and demand for goods and services. This study was conducted with the aim of identifying ethical barriers to the export of petrochemical products and presenting an export development model.

Materials and Methods: The method used in this research is of mixed research. The mixed research method is a combination of quantitative and qualitative methods.

Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.  

Findings: The validity of the interview was assessed using the Kyusert method and its reliability was assessed using the Kappa Cohen index. After analyzing the data, the validity of the interviews was confirmed based on the importance of the identified factors in accordance with the opinions of five experts aware of the research topic. Also, the value of Kappa Cohen index is equal to 0.72, which indicates the desirability of the validity and reliability of the interview.

Conclusion: Referring to the value of t-statistic at 95% confidence level, which is more than 1.96, it can be stated that the significant effect of identified factors on the export of petrochemical products is confirmed. In the next step, in order to evaluate the extent and manner of impact of each of the sub-categories identified in this study on the export of petrochemical products, multiple linear regression tests were used. The results obtained a model determination coefficient of 0.702, which shows that the independent variables of this study explain approximately 71% of the changes in the dependent variable. However, research variables are divided into two general categories: Variables whose non-observance directly affects the creation of ethical barriers to exports and the second variables whose non-observance indirectly leads to the creation of ethical barriers to exports.

Please cite this article as: Elyaspour M, Hassanpour Qorughchi E, Makkizade V. Identifying Ethical Barriers to the Export of Petrochemical Products and Providing a Model for Export Development. Bioethics Journal, Special Issue on Ethical & Legal Reflections 2021; 203-225.

Background and Aim: Being in the field of consciousness is one of the ways to live in peace and health. The present study was conducted to investigate the effect of consciousness field on anxiety due to the prevalence of Covid-19.

Materials and Methods: The research design was experimental and a two-group post-test design. The samples consisted of two groups consisting of each group of 50 people out of 1500 people who were affected or not affected by the consciousness field in Isfahan province in 1399 AH, were randomly selected. Beck 21-item anxiety test was used to measure the two groups and the research data were analyzed by independent t-test using SPSS software.

Ethical Considerations: Information about the reasons for the research, confidentiality and how the research was conducted was given to the individuals and the participation was done with informed consent.

Findings: The results of this study showed the effect of consciousness field on anxiety and those who were exposed to consciousness had a lower mean in the overall score of anxiety. In addition, the significance of t-test showed a significant difference between the two groups.

Conclusion: findings indicated a significant difference between the control group and the experimental group that the analysis of the results showed a lower level of anxiety among those who were affected by the field of consciousness. This indicates the importance of developing research and the use of complementary therapies in this area.

Please cite this article as: Jalali Jalalabadi M, Khajegir AR, Fahim M, Vaezi SH. The Effect of Consciousness Field on Anxiety Due to the Prevalence of Covid-19 Disease with Emphasis on Scientology. Bioethics Journal, Special Issue on Ethical & Legal Reflections 2021; 227-241.

Background and Aim: A Will is a legal act by which a testator appropriates property to another after his death or appoints a person to do something. On this basis, a will is divided into two categories: possessory and testamentary wills. In a possessory will, the testator appropriates the property to another for free after his death. There is a debate and disagreement about the nature of the possessory will in the jurisprudential religions. Some call this legal act a contract and some call it a unilateral obligation.  

Materials and Methods: This descriptive-analytical article has been prepared by using documentary method and taking notes.  

Ethical considerations: None to be declared.

Findings: The findings indicate that according to the views of most Imami jurists, in the event of the death of beneficiary of a testament before the rejection or acceptance of a will, the right to reject or accept the testament is inherited to his/her inheritors. On the other hand, another view distinguishes between the death of beneficiary of a testament before and after the death of a testator and believes that in the first case the will is void and in the latter case, the right of acceptance or rejection is inherited. Most Sunni jurists agree this. Some also believe that if the testator intends to make a will in favor of definite beneficiary of a testament, the right of acceptance or rejection will not be transferred to his heir unless the testator intends to transfer the right of acceptance or rejection.

Conclusion: In the possessory will, the majority of jurists believe that accepting of beneficiary before the death of testator has value and validity, and it is not necessary to re-accept a will after the death of testator. If the beneficiary of a testament dies before the declaration of his will, the prevailing view is the succession of the beneficiary heirs, and since the right of acceptance is distributive, they can accept or reject the will in proportion to their share and take their higher or lower share.

Please cite this article as: Fathi SH, Barati F, Hosseini SH. Investigating Possessory Will from the Perspective of the Five Religious Sects' Jurisprudence. Bioethics Journal, Special Issue on Ethical & Legal Reflections 2021; 243-252.

Background and Aim: Criminal decisions, in addition to the mission of justice and trying to realize the grand ideals of the criminal justice system, are also partially in search of guaranteeing and establishing the principle of persuasiveness of people and public opinion of the society. In order to be able to trace the influence of this principle, which also has certain jurisprudential foundations, to the application of the legal system of the society; it is necessary to observe a series of formal and substantive standards and indicators during the issuance of decisions so that it can be hoped that the public opinion of the society will accompany the quality and logic of the judgments issued in the courts. 

Materials and Methods: This research is of theoretical type and the research method is descriptive-analytical. The method of data collection is library and has been done by referring to documents, books and articles.

Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

Findings: In the current situation of the Iranian legal system, the Confirmation of the principle of persuasion in the stage of issuing criminal verdicts faces many theoretical and practical challenges, without which it cannot be hoped that the level of public satisfaction with the performance of judicial authorities at this stage is desirable and significant. The problems and challenges that emerge from them require purposeful and comprehensive policy to improve the level of public oversight of the judiciary, balancing public judicial procedures in the context of the policy of judicial authority in society and paying attention to the logical and social requirements of public satisfaction.

Conclusion: The way of determining the punishment and the pattern that governs it is one of the most sensitive issues in defending or criticizing the approach of the criminal justice policy of the society. Basically, people and civil society expect the punishments set out in criminal judgments to be in a way that addresses their morals, values and expectations. Punishment should not and cannot be determined without regard to the culture and expectations of civil society.

Please cite this article as Mokhtari A, Bahrami Nezhad A, Ehsanpour SR. Challenges of Criminal Decisions in the Face of the Principle of Persuasion and Ways to Get Out of them in the Light of Ethics and Legal Formalism from the Perspective of Iranian Jurisprudence and Law. Bioethics Journal, Special Issue on Ethical & Legal Reflections 2021; 253-271.

Background and Aim: As one of the criminal policy’s dimensions, preventive criminal policy underlines the penal and non-penal aspects as a way of preventing the criminal and unlawful actions. This policy can take an ethical color when it is deployed before the violence against children. The present study tries investigating the ethical basics of the preventive criminal policy in the face of the violence against children.

Materials and Methods: In the present study, a descriptive-analytical method has been applied. The materials have also been gathered by taking notes and referring to the legal texts and other related documents and articles.

Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

Findings: Preventive criminal policy focusing on moral principles, including the inherent dignity of human beings in general and children in particular, helping children because of their age and biological conditions to prevent them from entering delinquent environments and being victimized, preventing children from being harmed when committing delinquent acts and after that, and so paying attention to children's imitability and role modeling of delinquent and criminal behaviors, it considers preventive criminal measures.

Conclusion: Ethical solutions in the field of preventive criminal policy are responding to violence against children in the non-criminal field, including eliminating delinquent and violent acts in the family environment, modifying the behavior of family members specially parents, modifying the environment and educational places such as schools and educational institutions that affect children, producing media and cultural content to help children to report cases of victimization and delinquency, creating a friendly environment for children to depend on family members. In the criminal field, applying differential criminal policy, separating children and adults from criminals in environments such as courts and prosecutor's offices, strengthening socialistic approaches and tolerance towards children's criminal acts with the aim of correcting their behavior are among the approaches that can prevent violence against children.

Please cite this article as: Waghary SH, Masoud GH-H, Shekarchizadeh M. Ethical Basics of Preventive Criminal Policy in the Face of Violence against Children. Bioethics Journal, Special Issue on Ethical & Legal Reflections 2021; 273-282.  

Background and Aim: The presidency, as the highest executive authority in the country, has the most administrative and executive powers. As much as the dimensions of authority increase, the risks of corruption and abuse of power also increase. The aim of the present study is to investigate the mechanism of impeachment as a tool to control corruption by considering the elements of the rule of law.

Materials and Methods: This research is theoretical in sort of type and the method is descriptive-analytical. The method of data collection is library and has been done by referring to documents, books and articles.

Ethical Considerations: In order to organize this research, while regarding the authenticity of the texts, honesty and fidelity have been observed.

Findings: Political variables have a flexible and fluid framework that everyone can offer a different interpretation according to their own taste. This feature challenges the exercise of the rule of law, and in particular accuracy and transparency in the process of impeachment. For this reason, certain criteria should be provided for identifying political variables such as inadequacy for management.

Conclusion: Considering the presidential system as a system in which the president himself has more power than the president in the semi-presidential system, the impeachment of the president in the presidential system should require a lot of research and many processes by the parliament. However, in the semi-presidential system of the Islamic Republic, due to the division of power between the president and the Supreme Leader, the impeachment of the president is possible, along with the statements of the parliamentarians and their vote.

Please cite this article as: Feghahati GH, Masoud GH-H, Raei M, Akhavanfard M. A Comparative Study of the Impeachment of the President in Iran and the United States of America from the Perspective of Constituent Elements of the Concept of the Rule of Law. Bioethics Journal, Special Issue on Ethical & Legal Reflections 2021; 283-297.

Background and Aim: As human interventions surpassed the power of natural regeneration, its adverse effects became apparent. The evidence for these destructive effects is such that everyone understands well by comparing the current environment with the past. Increasing the change of use and illegal occupation of government and public lands in recent decades in Iran, despite the existence of laws and regulations in this field and the activity of various executive and judicial organizations to deal with this phenomenon, is one of the basic problems of our country.

Materials and Methods: This research is of theoretical type and the research method is descriptive-analytical and the data collection is library which has been done by referring to documents, books and articles.

Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

Findings: How to determine the nature and type of land in Iran's criminal policy is not sufficiently coherent and there is no specific definition for the trustees and even the conditions for executors not stated in the law, which leads to severe weakness of diagnostic votes and consequently easily reverse them in the judiciary.

Conclusion: The Iranian legislator has not paid enough attention to the causes of the crime of unauthorized change of land use. This issue has caused that agricultural lands, which are known as the most fertile lands, cannot be preserved for the future generations by maintaining the principles of intergenerational justice, and this condition has provided the basis for the violation of the natural rights of future generations.

Please cite this article as: Mostafa Nejad Mousavi R, Salimi S, Rouhani K. Iran's Criminal Policy in the Field of Combating Unauthorized Change of Agricultural Land Use Based on Moral-Legal Teachings and Intergenerational Justice. Bioethics Journal, Special Issue on Ethical & Legal Reflections 2021; 299-316.

Background and Aim: By carefully studying the principles of Islamic ethics and jurisprudential and legal works, it is explained that there is less disagreement about the need of observing expediency from other non-coercive guardians. The opinion of Imamiyyah jurists is that the father and paternal grandfather are introduced as the coercive guardians of minor and someone who can not interfere in finances and has been introduced as insane (whose insanity is related to childhood). Although Islamic ethics adheres to the necessity of observing expediency in general but there are strong differences of opinion regarding the conditionality of possessions of the father and paternal grandfather to the necessity of observing expediency. It seems that according to the order of the Holy Quran, the philosophy of guardianship and Islamic morality, compliance with this condition should be considered mandatory for all guardians. Our aim in this article is to explain the position of expediency based on the teachings of jurisprudence and Islamic ethics.

Materials and Methods: The method of this article is descriptive-analytical and so it has been prepared using documentary method by taking notes.

Ethical Considerations: The issues related to ethics in research as well as fidelity in citing article citations have been observed.

Findings: The findings indicate that contrary to jurisprudence, the civil law explicitly obliges the guardian to observe expediency. The criterion for recognizing expediency and observing that is custom and about recognizing it is the authorized person in possession. However, proving the opposite is also possible and will lead to the removal of the guardians, the conversion of trust possession into usurper possession, the obligation to compensate and making voidable the transaction. In the case of dispute between a ward against the guardians for not observing interests, he is the one who has to provide evidence; otherwise, the words of the guardians of possession take precedence, because they are known as trusty.  

Conclusion: Relying on Islamic ethics and based on Imamiyyah jurisprudence the father and paternal grandfather should respect the interests of the person under guardianship. Although the jurists have not explicitly set a duty regarding personal responsibility other than the father and grandfather, but Islamic ethics requires that everyone be expedient in this regard. There is also the implication of priority in such a way that: if in the situation of father and grandfather it is necessary to observe expediency, a person other than father and grandfather should observe expediency.

Please cite this article as: Sharifi MH, Rafiei Moghadam A, Jafari MH. The Place of Expediency in Imamiyyah Jurisprudence and Islamic Ethics. Bioethics Journal, Special Issue on Ethical & Legal Reflections 2021; 317-329.

Background and Aim: In the management of joint stock companies based on the majority vote, the rights of the minority are less considered and in some cases, the managers of the company abuse their position. In this regard, it is necessary to provide solutions to support minority shareholders. The solutions for filing a lawsuit against the shareholders are in two general ways, including on the name and on behalf of the joint stock company and the other by the name and on behalf of the shareholder. Identifying several shortcomings in the binding legal regulations related to minority rights in Iranian law, especially in the areas of "financial disclosure and transparency", "voting system" and "derivative litigation" is among the objectives of the present study.

Materials and Methods: This research is of theoretical type and the research method is descriptive-analytical. The method of data collection is library and has been done by referring to documents, books and articles.

Ethical Considerations: None to be declared.

Findings: Filing a lawsuit against the shareholder in the name and on behalf of the company, which is the derivative lawsuit, is in order to properly manage the company and protect the joint stock company against violations that managers have committed in performing their duties to the company. Article 276 of the bill amended a part of the Commercial Code of 1347, which refers to the possibility of filing a derivative lawsuit, makes it possible to file a derivative lawsuit only against the persons mentioned in Article 276. As a second solution, the shareholder can file a lawsuit against any private or legal person, both from a legal and criminal point of view, unlike a derivative lawsuit, which can only be filed from a legal point of view.

Conclusion: In the laws of France and Iran, by relying on the ethical norms of business, shareholders can file a lawsuit on behalf of the company through a derivative lawsuit. Although it is possible to identify minimum rights for minority shareholders in joint-stock companies from checking some internal regulations, the silence of common laws, the lack of legal binding of some formalities and the lack of dynamics of judicial procedure in this regard have caused minority rights to be less noticed and sometimes be overshadowed by the misbehavior of managers and majority shareholders.

Please cite this article as: Papi H, Niknejad J. Minority Rights and Lawsuits Filed by Shareholders of Companies in Public Joint Stock Companies Based on the Corporate Governance System in Iranian and French Law with Emphasis on the Principles of Ethics. Bioethics Journal, Special Issue on Ethical & Legal Reflections 2021; 331-345.

Background and Aim: By paying attention to the basic rules governing punishments, it can be easily understood that Islam, according to the interests of society, has also paid special attention to the personality of the criminal on the basis of dignity. In the present study, we seek to answer the question of what role the principle of human dignity plays in the application of alternative punishments to imprisonment.

Materials and Methods: This research is of theoretical type. The research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

Findings: The challenges of imprisonment for the human persons are not only in terms of its nature and conflict with the right to liberty that precedes the principle of human dignity. Moreover, there are various consequences for the punishment of imprisonment, and these consequences themselves can provide the basis for violating human dignity.

Conclusion: Given that the inherent dignity of man cannot be taken away, its effects and consequences, including human freedoms, can not be taken away. To put it simply: deprivation of human liberty, even in relation to punishment, is exceptional and unprincipled. Consequently, in order to impose punishment in cases where the Shariah has not determined the punishment of imprisonment explicitly and in the form of "hudud", it seems that judges should apply alternative punishments to imprisonment, taking into account the principle of dignity and respect for human personality.

Please cite this article as: Mahdavifar H, Hosseini Moghaddam SA, Arab Khazaeli A. Alternative Punishments to Imprisonment in the Light of the Principle of Dignity and Human Personality with Emphasis on Fiqh of Imamiyya. Bioethics Journal, Special Issue on Ethical & Legal Reflections 2021; 347-363.