Strategic Studies of Jurisprudence and Law

Strategic Studies of Jurisprudence and Law

Modeling collateral cancellation in virtual space from the point of view of jurisprudence and law

Document Type : research

Authors
1 PhD student, Fiqh and Fundamentals of Islamic Law, Babol branch of Islamic Azad University, Babol, Iran.
2 Assistant Professor, Jurisprudence and Islamic Law Department, Babol Branch, Islamic Azad University, Babol, Iran.
10.22034/ejs.2024.432828.1649
Abstract
Background and purpose: In comparison with civil matters, the requirements of guarantee in criminal matters, especially in the technical and legal aspects of realism, are faced with ambiguity and lack of clarity in cyberspace. It is necessary to disambiguate and evaluate the uniform modeling of warranty cancellation in real and virtual space.
Materials and methods: Considering the importance of the subject and the lack of planning of these questions, the research has investigated the subject of the research in a theoretical method and with the type of case study.
Ethical considerations: In this article, the originality of the text and honesty and trustworthiness have been observed.
Findings: Taking into account the approach of the examples of guarantee muscats in real and virtual space, identify the process of unification by relying on common examples or cognitive dissonance in the attitudes towards the guarantee muscats.
Result: In Iran's law, the issue of collateral security in the special laws of cyberspace is silenced with a criminal approach; However, bail bond is performed in real and virtual space, which means that the unity of the criteria of bond bond in both civil and criminal fields is somewhat equal and they do not differ much from each other. He analyzed the revocation of bail in criminal cases in cyberspace based on the generality of works in civil law, Islamic jurisprudence and the real world through revision of the laws of the real world.
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