Jurisprudence and Law
Hosein Javan Arasteh
Abstract
“Islamic Jurisprudence and Human Rights" is a valuable collection of articles by authors that was presented at the conference on the transcendent approach of Islamic jurisprudence to human rights and was embellished by the efforts of Mohammad Reza Bagherzadeh. The method of critique on this book ...
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“Islamic Jurisprudence and Human Rights" is a valuable collection of articles by authors that was presented at the conference on the transcendent approach of Islamic jurisprudence to human rights and was embellished by the efforts of Mohammad Reza Bagherzadeh. The method of critique on this book is citation-analytical and according to the model of the Council for Reviewing Humanities Texts and Books in the framework of general introduction, form and content review of the work. One of the key questions and constant concerns among religious and non-religious intellectuals is the compatibility or incompatibility of Islamic teachings with human rights. The book's articles, in a remarkable synergy, seek to prove the view that the notion of incompatibility stems from unfamiliarity with pure Islamic thought; the capacities hidden in jurisprudence, if used properly, can make a significant contribution to the development of human rights. Despite its many advantages, the book also faces weaknesses, which are: in terms of general structure and arrangement of axes and titles, the lack of jurisprudential dimension of some articles, and in some cases, confusion between the legal system and human rights. Inadequacy of some citations, unrelated topics and lack of focus on solving challenging topics.
Jurisprudence and Law
sayyed hosain aletaha; Aref Bashiri
Abstract
Today, the advancement of electronic devices has made the scope of the people’s encroachment on people’s privacy not limited to physical presence, and this has caused people to exploit advanced tools to raid the wealth and property of others, and by overshadowing the social security of the ...
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Today, the advancement of electronic devices has made the scope of the people’s encroachment on people’s privacy not limited to physical presence, and this has caused people to exploit advanced tools to raid the wealth and property of others, and by overshadowing the social security of the society, they will achieve the exaggeration that God has made obligatory to defend. One of these crimes is the threat of extortion of the publication of honorary documents, and the question of the present research is whether the defense of the victim of his integrity against the threat of extortion can be documented in the legitimate defense of jurisprudence and law. Despite the fact that this look has always been the subject of the jurisprudence of elders, it is a serious reflection of the fact that not only the Islamic Penal Code, but also legal analysts have neglected the importance of the lawsuits of the tribunals. In this paper, in order to prove the theory of research based on the accuracy of the criticism of the Islamic Penal Code, the nature of the legitimate defense in the jurisprudential and legal material has been analyzed. It was found that the initiation of extortion is a kind of invasive attack against the integrity of the wage and the defense of the defendant. In addition, it is not permissible and responsible to convey the objection of failure to observe the general rules of jurisprudence, but the title of legitimate defense against such an offensive is correct.