چکیده:
چکیده
خلاصه ماشینی:
The Theory of Compensating Certain Lost Profit Damage in Imamiya Jurisprudence Abstract Lost profit damage refers to the damage due to losing the profit be- cause of the actions of an infringer or the profit that the obligee would have been received if the obligor had fulfilled his obligation; no matter whether the profit is generated from a specific property or person, or is received merely because of fulfilling the obligation.
Therefore, the paper concludes that certain lost profit damage is compensable and contingent lost profit damage is not com- pensable.
An Inquiry into the New Instances of Hirz (the secured place) and Proving Hadd for Electronic Theft from the Viewpoint of Jurisprudence and Law Abstract One of the conditions required to prove the hadd (religiously pre- scribed punishment) of amputation for the theft that causes hadd is the violation of hirz (the secured place).
Exploring early jurists’ views and their criteria for defining hirz, the paper insists that electronic theft constitutes the violation of hirz because data and digital information has financial value, so the criminal would receive hadd for theft if other requirements are fulfilled.
Considering the principle of non-permissibility of punishment, the question is that what are the jurisprudential bases for the legitimacy of complementary punishment in hudad and qisas?
In addition, sub-titles are not strong enough to allow leav- ing the basic principle of non-permissibility of punishment, which is supported by concrete jurisprudential proofs, and to give the permis- sion to apply complementary punishment in every crime requiring hudad, gisas, or even indisputable tazir punishments.