http://www.arjalmag.ir/ Applied Research in Jurisprudence and Law en daily 1 Thu, 23 Oct 2025 00:00:00 +0330 Thu, 23 Oct 2025 00:00:00 +0330 http://www.arjalmag.ir/article_731690.html Arbitration, as a dispute resolution institution that is very popular in the world of law, has a series of limitations compared to proceedings conducted in state courts. Some of the limitations are related to arbitrability, which will exclude referral to arbitration in some cases. Such as crimes and some cases in family law, other cases where the arbitrator has the right to intervene under the supervision of the state have a series of limitations. In the article, by examining these cases, it has been argued that we should remove the limitations that do not have solid foundations for implementation from the parties and the arbitrator and, like the judge, give the arbitrator the authority to do so so that he can conduct the proceedings in a better way. Cases such as hearing witness testimony, examining the site and local investigation are of this type. Also, other cases that have legal limitations in terms of the basis of the limitations can be implemented and facilitated by forming a legal intermediary between the arbitrator and the court. http://www.arjalmag.ir/article_731692.html The institution of family counseling is known as an effective tool in improving the quality of family relationships and preventing crises. In the Iranian legal system, family counseling is particularly important in strengthening the foundation of families and reducing social harm. This article analyzes the jurisprudential and legal aspects of the institution of family counseling in the Iranian legal system and examines the various administrative and legal challenges of this institution. In Islamic jurisprudence, family counseling enjoys religious legitimacy and emphasizes principles such as reforming the innate nature and enjoining good and forbidding evil. In Iranian law, family counseling is also considered a preventive tool for resolving family disputes, but in practice it faces problems such as a lack of expert counselors and transparent laws. This research seeks to identify these challenges and provide solutions to strengthen the institution of family counseling in Iran. http://www.arjalmag.ir/article_731693.html Administrative corruption is one of the most important challenges of governance systems, the effects of which include reduced productivity, waste of resources, and public distrust. Focusing on the role of a merit-based employment system, this research examines the hypothesis that the establishment of merit-based recruitment and promotion mechanisms can act as one of the key strategies in reducing administrative corruption. In explaining the subject, first, the concepts of "meritocracy" and "administrative corruption" are defined and their distinction from traditional and relationship-based approaches is specified. The research method is descriptive-analytical and by examining laws, regulations, official reports, and case studies, an attempt is made to clarify the relationship between merit-based mechanisms and corruption reduction indicators. The objectives of the research include: identifying indicators and operational tools of meritocracy, evaluating its impact on preventing administrative corruption, and providing a proposed framework for reforming the employment system. The findings indicate that applying precise criteria of merit in recruitment, transparency and healthy competition in the recruitment process, effective monitoring of the evaluation stages, and the use of electronic systems can lead to a significant reduction in corruption, improve the efficiency of executive agencies, and increase public trust. Finally, the conclusion of the study emphasizes that meritocracy is not only a recruitment approach, but also an effective tool for promoting administrative health and improving governance. http://www.arjalmag.ir/article_731694.html One of the important and fundamental teachings of the school of prophets and saints of God is the fight against the oppression and tyranny of the arrogant people of the world; because submission and humility to others than God has been denied in religions and divine teachings. Also, one of the goals of the mission of the saints of God, and especially Hazrat Mahdi Sahib al-Zaman (a.s.), is to save humanity from the darkness of ignorance and misguidance towards light and justice and to fight against oppression and arrogance. The continuous fight against arrogance and world-eaters has characteristics and components that are addressed in this research by examining the religious teachings and culture of Mahdism in a descriptive and analytical manner. http://www.arjalmag.ir/article_731695.html The guardianship of the paternal grandfather in financial and marriage matters, as one of the fundamental issues of Imami jurisprudence, has long been accepted and agreed upon by jurists. However, his guardianship over the upbringing of the child has received less attention and there is no explicit statement on it in the narrational and jurisprudential sources. The present study, focusing on the “paternal grandfather’s guardianship,” examines the general evidence for guardianship and reviews the possibility of its inclusion in the field of upbringing. Accordingly, consensus, narrations (including narrations of the grandfather’s submission to the father in marriage, narrations of the father’s dominance over the child and the necessity of obedience to him), the rule of “the son of the father is the son,” behavior, and practical principles are examined as the most important evidence. In the following, the reflection of these evidences in Imami jurisprudence and then in Iranian law is analyzed. In Iranian civil law, although Articles 1180 and 1183 of the Civil Code stipulate the compulsory guardianship of the father and paternal grandfather, the limits of this guardianship in the field of upbringing are not clear. Judicial practice also shows that in practice, different interpretations of paternal guardianship over educational matters have been presented. Thus, this research attempts to review the position of paternal guardianship in raising a grandchild and explain its relationship with the Iranian legal system by combining jurisprudential evidence and legal analysis. http://www.arjalmag.ir/article_732009.html This research examines the jurisprudential foundations of the rule of “al-Ta’zir fi kol al-Amal Muharram” and its role in the legitimacy of Ta’zir in the Islamic penal system. Based on this rule, the Sharia ruler can order Ta’zir for forbidden acts that do not have a Shariah limit. Although this rule is well-known among many Shiite and Sunni jurists, an examination of the verses, narrations, consensus, and evidence of enjoining good and forbidding evil shows that its generalization to all sins does not have a solid basis. In addition to the theoretical analysis of the rule, the article also explores its implementation challenges in Iranian criminal law; including the dual status of criminalization (interference of sin and crime) and the limitations resulting from Article 167 of the Constitution. It also explains the relationship between sin and crime, and it is considered incorrect to equate them from a jurisprudential and legal perspective. Finally, the legitimacy of Ta’zir is at the discretion of the Guardian and his deputies and is only justifiable within the framework of maintaining public order and interests. The findings show that preventive measures, especially cultural and educational measures, should precede punishment, and that punishment should only play a supporting role. Thus, the rule of “reprimand for all forbidden acts” is absolutely unacceptable, but the rule of “reprimand as the ruler sees fit” is legitimate within the scope of guardianship and public interest. http://www.arjalmag.ir/article_736040.html The prohibition of alcohol in religious texts refers to the nature of "intoxicant" and its harmful effects on reason and social order, and is not dependent on the religion or nationality of the subject. Therefore, if the scope of the ruling is to preserve reason, individual health, and protect public order, this criterion will not be specific to a specific group. In addition, alcohol consumption is also known from the perspective of medical and psychological sciences as a harmful factor for the body, mind, and social relations, and these effects are equally directed at all humans. Therefore, the difference in the legislative treatment of Muslims and non-Muslims is defensible if an independent and reliable basis can be provided for it; otherwise, it will conflict with the principle of equality before the law and the rule of non-harm, as well as with the application of the evidence of prohibition. The present study, using a descriptive-analytical method, while accurately explaining the concept of non-Muslims drinking alcohol and examining the jurisprudential evidence related to its prohibition, has analyzed the criterion of the ruling and its scope. The findings show that the jurisprudential evidence of prohibition refers to the nature of intoxicants and their effects and is not exclusive; scientific data also emphasize the harmfulness of alcohol consumption, regardless of Sharia law and nationality. Accordingly, there is no conflict between the jurisprudential and scientific approaches to the principle of abomination and the prohibition of drinking alcohol, and its prohibition has a coherent basis. As a result, the distinction stipulated in Article 266 of the Islamic Penal Code and its note, which establishes a distinction between Muslims and non-Muslims in this ruling, is not sufficiently documented from the perspective of Sharia principles and scientific findings and is open to dispute.