Legal Studies in Digital Age

Historical Evolution of the Concept of Criminal Fault (Unintentional Fault) in Iranian Criminal Law

Mehrzad Rostami

; Maryam Safae *

; Esmail Abdollahi

The concept of criminal fault or unintentional fault is one of the foundations of criminal liability in legal systems and has undergone a significant evolutionary process in Iranian criminal law. A historical review shows that this concept has been shaped in three main stages: first, in Imamiyyah jurisprudence, where fault was addressed within the traditional tripartite division of intentional (ʿamd), quasi-intentional (shibh al-ʿamd), and pure fault (khaṭāʾ maḥḍ), and was primarily limited to financial consequences such as diyah (blood money); second, during the modern codification era following the Constitutional Revolution, particularly with the enactment of the Public Penal Code of 1925 (1304), when, under the influence of French and Western law, unintentional fault entered the criminal sphere as negligence, recklessness, and violation of regulations; and third, in the post-Islamic Revolution era, where with the enactment of the Islamic Penal Codes of 1991 (1370) and 2013 (1392), traditional jurisprudential notions were integrated with modern legal doctrines. The findings of this study show that criminal fault in Iranian law has evolved gradually from the traditional system of purely financial liability toward a modern model of criminal responsibility. This development reflects the legislator’s effort to strike a balance between the jurisprudential foundations of Islamic law and contemporary socio-legal needs. However, challenges remain, including the determination of precise criteria for fault, the distinction between civil and criminal liability, and the definition of gross fault in professional crimes. These issues require further theoretical reflection and legislative reform.

The Reciprocal Impact of Civil and Criminal Claims on Each Other

Mohamad Sadegh Shojaei

; Alireza Rajabzadeh *

; Alireza Mazloom Rahni

The reciprocal impact of civil and criminal claims on each other is one of the complex and significant issues in the Iranian judicial system, whereby proceedings in one judicial forum may be contingent upon the determination of a matter in another forum. This study, employing an analytical–descriptive method and using library-based data collection, examines the dimensions of this interaction. Such interaction is mainly manifested through the institutions of Order of Suspension of Civil Proceedings (qarār-e enāṭeh) and damages resulting from a criminal act. The findings indicate that the prevailing judicial practice is largely based on the civil court’s adherence to the final judgment of the criminal court and the suspension of proceedings through the issuance of an Order of Suspension. This reciprocal influence can be traced throughout all stages of litigation—from preliminary investigations and trial proceedings to appeal, cassation, and retrial. The most critical challenge arising from this situation is the prolongation of proceedings and the imposition of additional costs on the litigants and the judicial system. Moreover, there are legal gaps and ambiguities, including the lack of clarity regarding the extent of the “impact” of rulings from one forum on another and the absence of explicit provisions for cases in which civil claims affect criminal proceedings. The article ultimately proposes the establishment of specialized chambers within criminal and civil courts to address cases with interdependent claims as a practical solution to expedite adjudication and enhance the efficiency of the judicial system.

The Role of Judicial Precedent in Defining the Scope of Criminal Liability in Cases of Concurrent Causes

Motahhare Mahjoub

; Mohammad Rouhani Moghadam *

; Reza Kahsari

The concurrence of causes and contributing factors in criminal law is one of the fundamental yet complex issues that has generated extensive debate both theoretically and practically. When multiple human or natural factors jointly lead to a criminal outcome, determining the primary perpetrator and the extent of each factor’s liability becomes difficult and sometimes impossible. This situation creates challenges for judges and attorneys in analyzing causality and issuing fair judgments in criminal cases. The significance of this issue in Iran’s criminal justice system is amplified by its direct relationship to the realization of justice and the prevention of impunity. The central question of the present study is which criteria should be applied to determine criminal liability when multiple causes overlap, and to what extent judicial precedent has contributed to clarifying these criteria. The main objective is to examine the jurisprudential and statutory foundations concerning the concurrence of causes, analyze the decisions of courts and the Supreme Court, and assess the role of judicial practice in creating unity and coherence in defining the scope of criminal liability. In this regard, the study seeks to identify the strengths and weaknesses of current judicial practice and propose strategies to improve its effectiveness. The research methodology is descriptive–analytical and is based on library research, the examination of authoritative jurisprudential and legal sources, and a comparative analysis of decisions issued by domestic courts. In the jurisprudential section, principles such as the precedence of the stronger cause over the direct agent and the distinction between proximate and remote causes are addressed. In the legal section, relevant provisions of the Islamic Penal Code of Iran (2013) are examined. Judicial precedent and the Supreme Court’s unifying opinions are analyzed as one of the most important supplementary sources. The findings reveal that judicial practice has, in many cases, successfully addressed statutory gaps and provided practical criteria for establishing liability. However, challenges remain, including inconsistencies in court decisions, ambiguity in apportioning responsibility among multiple factors, and potential tensions between jurisprudential principles and judicial rulings. The results emphasize that strengthening the role of judicial precedent through reinforcing unifying decisions, integrating expert opinions and related sciences, harmonizing jurisprudential foundations with statutory provisions, and revising relevant laws can promote individual and social justice and enhance coherence within the criminal justice system.

Legal Instruments in the Transformation of Adhesion Contracts

Ali Akbar Garousi

; Mohammadreza Pirhadi *

; Eisa Amini

, Esmail Abbasi

Adhesion contracts, as one of the common instruments in commercial and consumer relations, while effective in expediting contractual processes, have always been accompanied by legal challenges and imbalances between the parties. This study aims to examine the legal instruments influencing the transformation of adhesion contracts and seeks to analyze ways to improve legal balance and transparency within these agreements. The present study focuses on three main areas: analyzing the legal framework and principles of adhesion contracts, identifying domestic and international legal instruments, and examining the impact of these instruments on contract transformation and the reduction of conflicts of interest. The findings indicate that a combination of contractual, judicial, and regulatory instruments can mitigate the inherent inequality of adhesion contracts and safeguard the rights of the weaker party. At the domestic level, legal and supervisory protections, along with the clarification of contractual terms, play a crucial role in preventing abuse. At the international level, judicial precedents and the policies of the European Union, as well as U.S. consumer protection laws, serve as successful examples of balancing and moderating contractual terms. This research also highlights the importance of developing legal education, enhancing parties’ awareness, and employing alternative dispute resolution mechanisms such as arbitration and mediation. Ultimately, legal instruments in transforming adhesion contracts not only promote justice and transparency but also create an environment for alignment with international standards.

Jurisprudential and Legal Analysis of Groundwater Extraction with Emphasis on Primary and Secondary Rulings

Abbas Ali Baziyar

; Mahnaz Salimi *

; Marzieh Pilehvar

https://doi.org/10.61838/kman.lsda.229

Groundwater extraction, as one of the most important sources of potable, agricultural, and industrial water, plays a vital role in the economic and social life of arid and semi-arid Iran. However, excessive exploitation in recent decades has resulted in consequences such as declining aquifer levels, land subsidence, and environmental crises. These conditions reveal the necessity of re-examining the related jurisprudential and legal frameworks. The main objective of the present study is to analyze the jurisprudential and legal aspects of groundwater extraction, emphasizing primary rulings such as the principle of revival of dead land (ihya’) and the no-harm (la darar) rule, and secondary rulings under conditions of emergency and social necessity. The research method is descriptive–analytical and is based on library resources and legal documents. The findings indicate that Imami jurisprudence, by emphasizing justice, avoidance of harm, and the protection of public rights, requires sustainable use of water resources and, at the same time, allows the government—through secondary rulings—to impose restrictions on exploitation during critical periods. In addition, statutory laws of Iran, such as the “Fair Distribution of Water Act” and the “Environmental Protection and Enhancement Act,” provide the operational framework for equitable management and safeguarding of resources. The conclusion of the study suggests that the convergence of jurisprudence and law can serve as a solid foundation for effective policymaking in the sustainable management of groundwater. The study recommends revising water-related legislation, utilizing modern technologies, and promoting a culture of optimal water consumption.

Analysis of the Economic Effects of Civil Liability Arising from the Acts of Others: A Comparative Study of Iranian and Iraqi Law

Maryam Abdulhadi Najm

; Maryam Ghorbanifar *

; Ahmed Neamah Atiyah Al Adilee

, Mohammad Sadegh Teimoori

https://doi.org/10.61838/kman.lsda.227

The concept of civil liability, meaning the obligation to compensate for damages, has evolved over time from simple personal relationships into a subject with broad economic and social dimensions. One of its most complex manifestations is liability arising from the acts of others, where a person is held accountable for the harmful conduct of another. This form of liability, which transcends the principle of personal accountability, appears in cases such as the liability of guardians, employers, and the state. The rules governing this liability, grounded in theories such as fault and risk, directly influence the distribution of financial risks within society and the protection of injured parties. The objective of this descriptive–analytical study is to compare the approaches of Iran and Iraq in this area and to examine the differing economic implications of Iran’s contradictory and fragmented legal provisions versus Iraq’s more complex yet functionally effective legal solutions. The findings reveal a fundamental divergence between the two systems regarding liability for the acts of others. Iran’s scattered laws have produced a dual system that ambiguously shifts the burden of loss between the incapacitated person and the guardian, often neglecting the rights of the injured party. In contrast, Iraq, by adopting the risk theory and imposing strict parental liability, distributes risk more equitably. This fundamental difference in risk allocation and compensation efficiency highlights the weaker performance of Iran’s legal system.

The Jurisprudential and Legal Duty and Responsibility of the State and Passive Defense Against Domestic Cultural and Social Threats

Abolghasem Ghorbani Pashakolaee

; Mehdi Mohammadian Amiri *

; Rahman Valizadeh

The Passive Defense Organization is an institution tasked with identifying threats within the target society and devising strategies to prevent or counteract them. Among the significant categories of threats are those concerning culture and social issues, whose neglect may lead to severe consequences. One of the key methods employed by foreign adversaries against any nation is the attack on its cultural and social domains, such as speech patterns, behaviors, clothing, education, upbringing, and similar areas. Societies with ancient cultures and distinctive worldviews are always at risk of such threats. A prominent example of this type of threat, which resulted in the collapse and defeat of an entire society, was the fall of Al-Andalus (Spain). After the victory of the Islamic Revolution in Iran and the establishment of a religious government based on Islamic injunctions, foreign enemies began launching threats in the field of culture and social affairs and advanced significantly in various areas. Islamic jurisprudence has long provided guidelines regarding culture and social issues for the Islamic community and has guided the Muslim nation toward safeguarding these domains. This research, which is theoretical in nature and utilizes Islamic jurisprudential data and governmental decrees through a case-study method, seeks to examine the strategic role of passive defense in countering threats by drawing on Islamic jurisprudential sources. The findings of the study indicate that Islamic jurisprudence has consistently aimed to guide the Islamic society in all times and places. Passive defense, by drawing upon these divine injunctions, can respond promptly and effectively to such threats.

Contractual Security: An Analytical Approach to Iranian and English Law with Emphasis on International Instruments

Mohammad Ali Dehghan Dehnavi

; Ghazaleh Kabirabadi *

; Mohammad Reza Fallah

https://doi.org/10.61838/kman.lsda.224

Contractual security, as one of the fundamental components of an efficient legal system, plays a crucial role in fostering trust between contracting parties and promoting economic relationships. This study aims to examine the structure and challenges of contractual security through a comparative analysis of Iranian and English law, while also exploring the impact of international instruments—particularly the Principles of International Commercial Contracts and the United Nations Convention on Contracts for the International Sale of Goods (CISG)—in enhancing the architecture of contractual security. The research adopts a descriptive-analytical methodology, drawing on library resources, international legal instruments, and selected judicial precedents. The study first addresses the theoretical and conceptual foundations of contractual security, followed by an analysis of its structural and practical challenges within the legal systems of Iran and England. The findings reveal that the Iranian legal system faces significant gaps in the architecture of contractual security due to regulatory fragmentation, lack of judicial consistency, and weak enforcement mechanisms. In contrast, the English legal system offers greater security for parties by relying on a dynamic body of case law and the primacy of the principle of freedom of contract. Moreover, the adoption of international principles can serve as a reformative model to enhance contractual efficiency in Iran. The paper concludes by recommending that the Iranian legal system strengthen the foundations of contractual security and align with international standards through legislative reform, the development of legal doctrine, and institutional capacity-building.

Current Issue

Vol. 4 No. 3 (2025): Serial Number 12

Published: 2025-09-26

Articles

Exemption from Criminal Responsibility and Immunity from Punishment in International Crimes Before the International Criminal Court

Arasto Mahdian

; Mohammad Javad Javid *

; Atefeh Amininia

1-13
- PDF
https://doi.org/10.61838/kman.lsda.167
Legal Challenges of Artificial Intelligence Tools in Regulating Freedom of Expression in Iran: A Comparative Perspective with International Human Rights Instruments

Mansour Malekpour Bahabadi

; Seyed Mohsen Mirhosaini *

; Ghazaleh Kabirabadi

1-15
- PDF
https://doi.org/10.61838/kman.lsda.171
Application of the Rule Mā Yuzman wa Mā Lā Yuzman in Modern Contracts: A Jurisprudential-Legal Analysis of Its Application in Insurance, Electronic Contracts, and Digital Services

Razieh Najafi

; Parviz Zokaiyan *

; Fakhrollah Malaei Kandelos

1-15
- PDF
https://doi.org/10.61838/kman.lsda.174
Substantive Challenges in Iran’s Criminal Policy Regarding Economic Crimes

Behrouz Tolabi

; Mahmoud Habibi Tabar *

; Hamed Rostami Najafabadi

1-12
- PDF
https://doi.org/10.61838/kman.lsda.144
Public Law Challenges in Protecting Human Digital Rights in the Age of Artificial Intelligence

Mahdi Rajaei

; Ali Amiri *

1-7
- PDF
https://doi.org/10.61838/kman.lsda.184
Good Governance and the Issue of Hirmand River Water Rights

Hadi Mirshkar

; Mojtaba Babaee *

; Ramezan Dehghan

1-7
- PDF
https://doi.org/10.61838/kman.lsda.189
Feasibility of the Government's Civil Liability for Business Closures Caused by Filtering

Samsam Kazemi

; Ali Pourjaveheri *

1-13
- PDF
https://doi.org/10.61838/kman.lsda.191
Challenges and Solutions for Promoting the Protection of Civil Rights in Criminal Policy in Iran and the UK During the Investigation and Sentencing Stages

Nasrallah Amin Kaleybar

; Seyyed Hassan Hashemi *

; Ali Chahkandinezhad

1-11
- PDF
https://doi.org/10.61838/kman.lsda.192
Contexts, Requirements, and Consequences of the Exercise of Domestic Jurisdiction by States over International Crimes (With a View to the Relationship Between Iran and the International Criminal Court)

Mohammad Ali Khozeimeh

; Majid Shayganfard *

; Hamidreza Mirzajani

1-11
- PDF
https://doi.org/10.61838/kman.lsda.193
Legal Challenges of Insurance and Customs Tariffs in Land Transportation of Oil and Gas: A Study in the Context of Iran, Iraq, Afghanistan, and Pakistan

Ahmad Momeni Rad *

; Mojtaba Rooholamini

1-13
- PDF
https://doi.org/10.61838/kman.lsda.197
Analysis of the Impact of Sanctions on the Quality of Human Resource Management in the Hormozgan Ports and Maritime Administration with Emphasis on its Legal and Social Dimensions

Shahram Cheraghi

; Ali Pourjavaheri *

; Ali Jamadi

1-10
- PDF
https://doi.org/10.61838/kman.lsda.198
Critiques of the Guardian Council in the Process of Shari’a Supervision over Laws and Regulations

Iraj Ahmadi Rad

; Moien Sabahi Goraghani *

; Tayebeh Balvardi

1-10
- PDF
https://doi.org/10.61838/kman.lsda.199
Regulation of Foreign Car Imports in the Legal System of the Islamic Republic of Iran

Somayeh Kaviani

; Mahdieh Saneei *

; Kheyrollah Parvin

1-19
- PDF
https://doi.org/10.61838/kman.lsda.203
Analysis of Criminal Laws Related to Cybercrimes Against National Security (Such as Cyber Espionage) and Examination of the Challenges of Identifying and Punishing These Crimes

Iman Nezam Eslami *

; Ehsan Yavari

1-13
- PDF
https://doi.org/10.61838/kman.lsda.190
Jurisdiction of Peace Courts in Adjudicating Crimes Committed by Children and Adolescents

Behnam Arezomand

; Mehdi Soleimani *

1-10
- PDF
https://doi.org/10.61838/kman.lsda.213
Foundations and Conditions of Civil Liability in Compensating Loss of Profit in Iran and France Law

Manouchehr Asadi

; Babak Rezapour *

; Hossein Javadi

1-9
- PDF
https://doi.org/10.61838/kman.lsda.204
Examination and Analysis of the Status of Islamic jurisprudence and Compliance with Laws in Secular Islamic and Non-Islamic Countries

Zeynab Musavisadat *

1-15
- PDF
https://doi.org/10.61838/kman.lsda.214
Analysis of the Impact of Sanctions on the Quality of Human Resource Management in the Hormozgan Ports and Maritime Administration with Emphasis on its Legal and Social Dimensions

Farooq Kazemof

; Mahboobeh Mehrabi *

; Abtin Amiri

1-10
- PDF
https://doi.org/10.61838/kman.lsda.195
The Impact of Religious Elements on the Formation and Functioning of the Executive in Iran and Malaysia

Mehdi Ganjali Bonjar

; Mostafa Seraji *

; Ahmad Ranjbar

1-14
- PDF
https://doi.org/10.61838/kman.lsda.212

View All Issues

Legal Studies in Digital Age

Historical Evolution of the Concept of Criminal Fault (Unintentional Fault) in Iranian Criminal Law

The Reciprocal Impact of Civil and Criminal Claims on Each Other

The Role of Judicial Precedent in Defining the Scope of Criminal Liability in Cases of Concurrent Causes

Legal Instruments in the Transformation of Adhesion Contracts

Jurisprudential and Legal Analysis of Groundwater Extraction with Emphasis on Primary and Secondary Rulings

Analysis of the Economic Effects of Civil Liability Arising from the Acts of Others: A Comparative Study of Iranian and Iraqi Law

The Jurisprudential and Legal Duty and Responsibility of the State and Passive Defense Against Domestic Cultural and Social Threats

Contractual Security: An Analytical Approach to Iranian and English Law with Emphasis on International Instruments

Current Issue

Articles

Exemption from Criminal Responsibility and Immunity from Punishment in International Crimes Before the International Criminal Court

Legal Challenges of Artificial Intelligence Tools in Regulating Freedom of Expression in Iran: A Comparative Perspective with International Human Rights Instruments

Application of the Rule Mā Yuzman wa Mā Lā Yuzman in Modern Contracts: A Jurisprudential-Legal Analysis of Its Application in Insurance, Electronic Contracts, and Digital Services

Substantive Challenges in Iran’s Criminal Policy Regarding Economic Crimes

Public Law Challenges in Protecting Human Digital Rights in the Age of Artificial Intelligence

Good Governance and the Issue of Hirmand River Water Rights

Feasibility of the Government's Civil Liability for Business Closures Caused by Filtering

Challenges and Solutions for Promoting the Protection of Civil Rights in Criminal Policy in Iran and the UK During the Investigation and Sentencing Stages

Contexts, Requirements, and Consequences of the Exercise of Domestic Jurisdiction by States over International Crimes (With a View to the Relationship Between Iran and the International Criminal Court)

Legal Challenges of Insurance and Customs Tariffs in Land Transportation of Oil and Gas: A Study in the Context of Iran, Iraq, Afghanistan, and Pakistan

Analysis of the Impact of Sanctions on the Quality of Human Resource Management in the Hormozgan Ports and Maritime Administration with Emphasis on its Legal and Social Dimensions

Critiques of the Guardian Council in the Process of Shari’a Supervision over Laws and Regulations

Regulation of Foreign Car Imports in the Legal System of the Islamic Republic of Iran

Analysis of Criminal Laws Related to Cybercrimes Against National Security (Such as Cyber Espionage) and Examination of the Challenges of Identifying and Punishing These Crimes

Jurisdiction of Peace Courts in Adjudicating Crimes Committed by Children and Adolescents

Foundations and Conditions of Civil Liability in Compensating Loss of Profit in Iran and France Law

Examination and Analysis of the Status of Islamic jurisprudence and Compliance with Laws in Secular Islamic and Non-Islamic Countries

Analysis of the Impact of Sanctions on the Quality of Human Resource Management in the Hormozgan Ports and Maritime Administration with Emphasis on its Legal and Social Dimensions

The Impact of Religious Elements on the Formation and Functioning of the Executive in Iran and Malaysia

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