Jurisprudence and Law
Mohammad Mahdi Alsharif; Nasrollah Jafari
Abstract
It has been several decades since the concern of Islamization and localization of humanities has occupied the mind and conscience of the country's cultural custodians. Among the humanities, mostly imported sciences such as psychology, which have Western origins, have been considered for localization ...
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It has been several decades since the concern of Islamization and localization of humanities has occupied the mind and conscience of the country's cultural custodians. Among the humanities, mostly imported sciences such as psychology, which have Western origins, have been considered for localization and Islamization discussion. Based on a superficial conception, considering that the primary codes, such as the Civil Code, are adapted from jurisprudence, we are not facing the challenge of Islamization in legal science. This conception is incorrect for multiple reasons. In the field of law, we face challenges in the two domains of legislation and interpretation. In the area of legislation, one of the fundamental challenges is the existence of a vast volume of laws related to the time before the revolution in which legitimacy has not been audited, and the most important challenge is related to the interpretation system. The existence of some religious propositions and even the establishment of laws based on Islamic principles are not enough for forming Islamic legal science, and the importance lies in the viewpoint and method of interpreting and developing these propositions based on Islamic principles. In this research, we deal with the pathology and criticism of the current legal science, emphasizing civil law as one of the main branches of legal science, in the two fields of legislation and interpretation, based on the descriptive and analytical method from the perspective of Islamic jurisprudence.
Jurisprudence and Law
Abdolhosseyn Rezaei Rad
Abstract
The present descriptive-analytical study was an attempt to improve jurisprudential texts and sources to detect the problems in the content of popular Shiite jurisprudential texts used as textbooks in seminaries. Finally, it figures out what contents and materials should be added to the jurisprudential ...
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The present descriptive-analytical study was an attempt to improve jurisprudential texts and sources to detect the problems in the content of popular Shiite jurisprudential texts used as textbooks in seminaries. Finally, it figures out what contents and materials should be added to the jurisprudential teachings to increase the enforceability of jurisprudential laws in different times and circumstances to prevent practical deviation from religious laws and the application of incorrect methods in the enforcement of such laws. To achieve this goal, aside from dealing with jurisprudential laws and the reasons behind them, which are addressed in common jurisprudential works, jurists are advised to take into account the rationale, logic, and enforcement methods of such laws (which are collectively referred to as "the requirements of jurisprudential laws" in the present article), so that they can organize jurisprudential law enforcement methods concerning their philosophy and rationale and put forward appropriate strategies to prevent the deviation of such enforcement methods from their pre-determined goals and objectives.
Jurisprudence and Law
Sayed Sajjad Kazemi
Abstract
Piracy is the oldest crime with universal jurisdiction to prosecute its perpetrators. In recent years, with the many changes that have taken place in the manner and place of piracy, as well as the way countries approach the issue of jurisdiction and prosecution of international crime defendants, the ...
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Piracy is the oldest crime with universal jurisdiction to prosecute its perpetrators. In recent years, with the many changes that have taken place in the manner and place of piracy, as well as the way countries approach the issue of jurisdiction and prosecution of international crime defendants, the continued establishment of universal jurisdiction over piracy has been questioned. Therefore, given the doubts that have arisen about the possibility of continuing the exercise of universal jurisdiction over piracy in the last decade, can this principle still be applied to piracy? This research tries to answer the above question by descriptive-analytical method and using library resources. Considering the critical developments that have taken place in various dimensions of pirate attacks, including the use of new weapons and also the relocation of attacks (from the high seas to inland seas and coasts), it can be said that piracy was the first crime in the international arena for that universal competence has been established, but this principle can no longer be applied and applied due to the changing atmosphere of the international community and the elimination of the main reasons that justified its implementation in the past, and alternatives must be sought for it.
Jurisprudence and Law
Azad Rezaei
Abstract
One of the most important issues in constitutional law is the “Political Regimes”. In the division of political regimes, special attention is paid to totalitarianism. However, the source of inspiration for jurists to discuss political regimes is the views of political thinkers, because this ...
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One of the most important issues in constitutional law is the “Political Regimes”. In the division of political regimes, special attention is paid to totalitarianism. However, the source of inspiration for jurists to discuss political regimes is the views of political thinkers, because this issue has political nature. By studying of the political writings in this field, we realize that the theories of political thinkers are different from the views of jurists such as Abolfazl Ghazi and Seyyed Mohammad Hashemi. Here the criterion for discussion should be the writings of thinkers such as Hannah Arendt who have grown up in totalitarian regimes and have focused on this area. Review of the writings of these thinkers reveals that totalitarianism as a new example of the domination system in the last two centuries has features such as having a social basis, the existence of a single party, and is the same as the mass monarchy. In addition, totalitarianism is very different from dictatorship in terms of how the Rulers come to power, the need or not of popular support, the type of Rulerʼs relationship with other officials and so on. However, in the books of Constitutional Law Summary and Constitutional Law and Political Structures, totalitarianism is considered as one of the characteristics of mass monarchy and on the other hand, in the second work, totalitarianism is equated with dictatorship.
Jurisprudence and Law
Atefeh Ajori Ayask; Sedighe Mohammadhasani
Abstract
In different legal systems, there are two main bases for retrial. Most legal systems, such as France, Italy, Germany, and Jordan, have chosen the basis of the "authority of res judicata". However, in the Iranian legal system, the basis for retrial is "the finality of the sentences". According to studies, ...
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In different legal systems, there are two main bases for retrial. Most legal systems, such as France, Italy, Germany, and Jordan, have chosen the basis of the "authority of res judicata". However, in the Iranian legal system, the basis for retrial is "the finality of the sentences". According to studies, the "authority of res judicata", in line with the philosophy of retrial, ie the provision of judicial justice, is a comprehensive basis on which all decisions of judicial and non-judicial authorities and arbitration due to the "Res judicata" cannot be re-heard can be retried. But in Iranian law, many court decisions, such as "final warrants that are a permanent impediment to the re-sue", "writ of disposal of a suit", "arbitral awards" and "consent judgment", while having Res judicata, because they are not considered "sentences", they cannot be a retrial. However, considering that these decisions can be retried, the philosophy of retrial and the provision of judicial justice requires that these decisions also be a retrial. Therefore, to ensure judicial justice and adopt a comprehensive basis in determining the jurisdiction of retrials, in line with most legal systems, amend Article 426 of the Code of Civil Procedure and identify the criterion of "Res judicata" as a basis for retrial is necessary.
Jurisprudence and Law
Majid Banaeioskoei
Abstract
The distinction between civil and commercial practices and the identification of commercial activities and transactions have long been the source of many effects that have gradually been accepted in most legal systems in a codified form and also in the form of commercial laws. The book “Commercial ...
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The distinction between civil and commercial practices and the identification of commercial activities and transactions have long been the source of many effects that have gradually been accepted in most legal systems in a codified form and also in the form of commercial laws. The book “Commercial Law”, Volume 1 has been compiled in accordance with the Iranian Commercial Code, stating the basics of commercial law and focusing on the rights and duties of businessmen, and identifying commercial practices for the undergraduate law course. The critique of the present book has been done using the known criteria and characteristics in order to evaluate the book and to identify its strengths and weaknesses in order to promote and improve the research. One of the most important shortcomings of the book is the lack of comprehensiveness of content and the weakness of analytical discussions, which has overshadowed the reasons for compiling the work. Since the book in question is one of the academic books, the need to complete and upgrade it will definitely be useful for both the author and the students. It is hoped that some issues will be modified in future editions.
Jurisprudence and Law
Mohammad Javad Javid
Abstract
Governments have commitments with respect to the natural rights of individuals. The right to religion and the right to knowledge are two of the citizens’ natural rights which can be defined in compliance with the constitution. Hence, religion and knowledge are among the subject matters of fundamental ...
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Governments have commitments with respect to the natural rights of individuals. The right to religion and the right to knowledge are two of the citizens’ natural rights which can be defined in compliance with the constitution. Hence, religion and knowledge are among the subject matters of fundamental rights in the Iranian as well as the French revolution. Each of the two revolutions has enjoyed the concept of faith and ideology to such an extent that they have influenced various areas and arenas after the revolution. Therefore, this paper is based on the hypothesis that the two revolutions of 1789 and 1979, one being against religion and the other for it, have had similar impacts on culture and in particular public understanding. In this regard, paying attention to the central role of the state commitments in strengthening and reducing the costs of a believer citizen can serve as an explanation concerning the extent of such impact in the present situation.Keywords: Iran, France, Law, Religion, Education, Laïcité.Governments have commitments with respect to the natural rights of individuals. The right to religion and the right to knowledge are two of the citizens’ natural rights which can be defined in compliance with the constitution. Hence, religion and knowledge are among the subject matters of fundamental rights in the Iranian as well as the French revolution. Each of the two revolutions has enjoyed the concept of faith and ideology to such an extent that they have influenced various areas and arenas after the revolution. Therefore, this paper is based on the hypothesis that the two revolutions of 1789 and 1979, one being against religion and the other for it, have had similar impacts on culture and in particular public understanding. In this regard, paying attention to the central role of the state commitments in strengthening and reducing the costs of a believer citizen can serve as an explanation concerning the extent of such impact in the present situation.
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
Amir Falakedin; Masoud Ghasemi; Yazdan Nosrati
Abstract
Following the methods of differentiation (specialization) in criminal law is a necessary thing that has been achieved in many other legal systems. One of the areas in which the differentiation of criminal procedure should be manifested in its territory is technical and specialized crimes, and this study ...
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Following the methods of differentiation (specialization) in criminal law is a necessary thing that has been achieved in many other legal systems. One of the areas in which the differentiation of criminal procedure should be manifested in its territory is technical and specialized crimes, and this study has examined one of the green crimes as one of its examples. In this study, it was concluded that in our systemic law, there are manifestations of differentiation from private to technical and specialized crimes in the form of specialized courts, but since terrorism is still achieved in our systemic law. The independent form of criminalization is also assigned to the trial and has special regulations, there is a serious weakness in our legislative system. In addition to the effects, the anticipation of requirements such as increasing the number of specialized green courts and specialized courts and eliminating specialized courts in dealing with green crimes, the use of specialized judges and officers, and the Special Police for Environmental and Continuing Education. Their recognition of the right to reason and objection to votes for green poison can be used to differentiate between green crimes and the realization of real criminal policy.
Jurisprudence and Law
Mahdi Mohammadzadeh; Morteza Hajialikhamseh; Bashir Eisazadeh
Abstract
After a decade of drafting the bill "Dignity and Protection of Women against Violence", the bill is on the agenda of the Islamic Consultative Assembly (Iranian Parliament). This article considers "a critique of the bill from the standpoint of principles and rules of legislation" as its main mission. ...
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After a decade of drafting the bill "Dignity and Protection of Women against Violence", the bill is on the agenda of the Islamic Consultative Assembly (Iranian Parliament). This article considers "a critique of the bill from the standpoint of principles and rules of legislation" as its main mission. The analysis method is descriptive-analytical. This article focuses on the legislative policies as a view of the desired quality of legislation in the Iranian legal system. The results of the article show that the bill is not very defensible in terms of adherence to the principles of legislation. Non-observance of depuration principles, confusion of the status of law and legal document, excessive use of criminal tools, and ambiguity in some concepts and titles are the most important of these criticisms. The provisions of the bill have been drafted ignoring the requirements of upstream national documents and without considering the requirements of the hierarchy of norms of the Iranian legal system. It seems that if approved, the bill will result in the implementation of a cultural disorder and the induction of a critical situation of violence in Iranian society and an increase in international attacks.
Jurisprudence and Law
Mohammad Moghaddami; Amir Hosein Khosroabadi; Tavakol Habibzadeh
Abstract
Implementing the rules and regulations of Sharia in the legal system of modern governments has always been associated with challenges such as non-compliance with the new rules of human rights. Challenges like these can be seen in the human rights reports of UN rapporteurs. The main concern of the reporters ...
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Implementing the rules and regulations of Sharia in the legal system of modern governments has always been associated with challenges such as non-compliance with the new rules of human rights. Challenges like these can be seen in the human rights reports of UN rapporteurs. The main concern of the reporters regarding the situation of human rights rules in those countries that seek to implement the rules of Sharia in their legal system seems to be a kind of adaptation and compliance of Sharia rules with human rights principles which is generally referred to as the compatibility of Islamic rules with the needs and requirements of the modern government. In order to achieve a theoretical gap between Muslim legal thinkers and human rights reporters, this study seeks to examine whether the rules of Sharia have the capacity to adapt to the new needs and requirements of modern governments. For this purpose, this study relies on the descriptive and analytical method of the intellectual foundations of three Muslim thinkers with different approaches and in addition to a critical analysis of Dr. Rahman's article. Finally, it can be concluded that by analyzing the works of two other thinkers, capacities for modeling the adaptation process can be extracted.
Jurisprudence and Law
Mohammad Eshaghi; Maryam Ahmadiy
Abstract
John Rawls, as one of the twentieth-century theorists in his theory of justice, explains the two principles of freedom and the principle of difference, and ultimately proposes the principle of equal opportunity for all the people of the community. In the present study, using library resources and applying ...
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John Rawls, as one of the twentieth-century theorists in his theory of justice, explains the two principles of freedom and the principle of difference, and ultimately proposes the principle of equal opportunity for all the people of the community. In the present study, using library resources and applying a descriptive-analytical method and comparing them in the framework of gender justice, the principles of justice of John Rawls were criticized and analyzed on the basis of Islamic studies. Sometimes, it is believed that in the context of women’s affairs, it can be argued that in describing the principle of difference, a new definition of gender justice in the Western world can be presented; however, the method of accepting the principle of the Rawls’ difference and the priority that prevails over the principles of justice itself was discussed. It makes no difference between gender equality and gender equity. Accordingly, while analyzing this attitude, the quality of gender justice is aligned with Rawls’ dualistic approach. The results of this research show that, based on the Islamic worldview, one can more clearly respond to the concerns of justice in general and gender justice in a specific way while ensuring respect for justice, the particular situation and the special needs of social groups Like women.
Jurisprudence and Law
Vahid Asadzadeh; Seyed Ghasem Zamani
Abstract
The principle of information flow, also known as the exchange of information, has been recognized in the field of international tax law and tools and mechanisms have been considered for its realization including the mechanisms of tax information exchange agreements. With the globalization of the international ...
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The principle of information flow, also known as the exchange of information, has been recognized in the field of international tax law and tools and mechanisms have been considered for its realization including the mechanisms of tax information exchange agreements. With the globalization of the international tax law, taxpayer activities are no longer limited to a specific Border, but still the tax administration needs to be restricted to their borders. Therefore, governments need more cooperation with each other and to this end, the exchange of tax information in various forms, including exchange-to-demand, automatic exchange, and spontaneous exchange of information through the conclusion of bilateral and multilateral international treaties is possible. This article critically reviews the tax information exchange agreements. The descriptive and analytical methods can be used to enter into an appropriate document to set up the exchange of information agreement between countries with different systems of income tax had hoped.
Jurisprudence and Law
Ali Asghar Esmailifar; Gholam Hossein Masoud; Mohammad Kazem Emadzadeh
Abstract
Banking legislation is indeed a tool to achieve the goal of legislation in the government in which it leads the money market towards its own targets. The case of government’s intervention in the economy and its amount in the money market has been analyzed and reviewed here and there. However, how ...
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Banking legislation is indeed a tool to achieve the goal of legislation in the government in which it leads the money market towards its own targets. The case of government’s intervention in the economy and its amount in the money market has been analyzed and reviewed here and there. However, how much of this intervention leads to bad loans is a matter to discuss. Bad loans as a fundamental problem have made trouble to the banking system. Since the government itself is a macro debtor to the banking system, this legislation designed by the government is of the intrinsic defect. In this legislation, there is the case of encouraging and punishing aspect to paying the bad debts; nevertheless, the amount of credit should be considered. Therefore, this banking legislation style in making or receiving bad loans has serious defects.
Jurisprudence and Law
Zahra BabadiAkashe; Mohammad Sadegh Tabatabaei; Mohammad Reza Nili Ahmadabad; Ahmad Reza Nasr Esfahani
Abstract
The present study was conducted with the aim of the pathology of internship implementation in the field of law among undergraduates. This study adopted a mixed approach. In the qualitative section, interviews were conducted with 28 experts, faculty members, lawyers, and graduate students from the University ...
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The present study was conducted with the aim of the pathology of internship implementation in the field of law among undergraduates. This study adopted a mixed approach. In the qualitative section, interviews were conducted with 28 experts, faculty members, lawyers, and graduate students from the University of Isfahan. The statistical population of the quantitative section of this study was students in, and graduates of 2014-2017 in psychology, 115 of whom were selected by stratified random sampling method. The data were collected through semi-structured interviews and researcher-made questionnaires. The results of the quantitative research showed that the most important obstacle in the successful implementation of the internship is the lack of attention of academic authorities to the practical courses and the lack of cooperation between the university and non-academic centers for conducting an internship course. Participants in the interview also emphasized that the internship courses are mostly ignored, and there are a large number of law students, hence the most important disadvantages of the internship. Educational planners can use the results of this study to improve the curriculum of other courses in humanities.
Jurisprudence and Law
Mohammad Javad Javid
Abstract
In presenting a lawful image of society, the sociology of law faces the difficultly of constructing a legal definition. Identity analysis is the main issue for the legal and sociological disciplines. Identity as an individual right versus identity as a collective culture creates an unending conflict ...
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In presenting a lawful image of society, the sociology of law faces the difficultly of constructing a legal definition. Identity analysis is the main issue for the legal and sociological disciplines. Identity as an individual right versus identity as a collective culture creates an unending conflict between legal sociologists inside each discipline. The present paper takes this challenge as an assumption and goes on to focus on the Iranian identity to provide an analysis based on natural rights. The hypothesis is that identity, as a fundamental right, develops outside the society, while identity as culture, though looked upon from a legal perspective, is a right under the statutory rights, which is closer to the sociologist analysis. The value of this perspective in research lies in its presentation of a solution to the deviated analyses of the Iranian identity forged over the past few centuries.
Jurisprudence and Law
Mehdi Hatami
Abstract
The present article, the analytical research conducted in an analytical-descriptive manner, seeks to answer the question of Conformity of The Proliferation Security Initiative (PSI) with the Treaty law and customary international law. As one of the most important restrictive arrangements for the rights ...
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The present article, the analytical research conducted in an analytical-descriptive manner, seeks to answer the question of Conformity of The Proliferation Security Initiative (PSI) with the Treaty law and customary international law. As one of the most important restrictive arrangements for the rights of developing countries in the field of advanced technologies, critics of the PSI believe that the intention of the members of the PSI to seize ships in the high sea and territorial waters violates the principle of freedom of the high seas and the right of innocent passage in territorial waters. In addition, the practices conducted in the framework of this initiative violate the right to self-defense and Security Council resolutions such as 1718 and 1540. On the other hand, the nature and manner of joining the initial operations and statistics about the success of its operations are vague and distorted. The finding of this article is that regardless of the justifications and support formed by this initiative, such an arrangement cannot be considered in conformity with treaty law and customary international law as well as the Security Council resolutions. The Proliferation Security Initiative is an illegal arrangement worthy of persistent objection, non-recognition and tries to prevent it from becoming the customary rule of international law.
Jurisprudence and Law
Seyed Abdolrahim Hosseini; Seyyed Mohammad Musavi Moqaddam; Omolbanin Soleymani Baghshah
Abstract
Leiden Encyclopedia of the Quran is the newest comprehensive research work in the West about the interpretive studies of the Quran accomplished from 2000 to 2006 by the Chief Editor, Jane Dammen McAuliffe, in the city of Leiden in the Netherland and published by Brill Publishers. The article Zakat (alms-giving) ...
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Leiden Encyclopedia of the Quran is the newest comprehensive research work in the West about the interpretive studies of the Quran accomplished from 2000 to 2006 by the Chief Editor, Jane Dammen McAuliffe, in the city of Leiden in the Netherland and published by Brill Publishers. The article Zakat (alms-giving) written by a researcher named Azim Nanji has been published in the first volume of the Leiden Encyclopedia of the Quran (pp. 64 -70). The most important issues and themes that have been criticized and reviewed in the view of the authors of the article include the essence and the constitutive elements of sadaqah (charity), the ideal donation and its aspects in the view of the Holy Quran, the relationship between piety and donation, the synonymous concepts of sadaqah, the status and the aspects of sadaqah, the semantics and the conditions for the payment of zakat, and the process of formation of the institution of sadaqah and its distribution. The above-mentioned issues, while focusing on the original and valid sources in the two perspectives of unfinished, biased perceptions and presenting a different and undocumented interpretation of the teachings of the Islamic traditions, interpretation, and the clear texts of the Quran, have been critically reviewed with a look on their different aspects
Jurisprudence and Law
Mehdi Halalkhor Mirkola; Abbas Tadayyon; Rajab Goldoost Joubari
Abstract
The obtaining of evidence is one of the most important and fundamental subjects in Iranian criminal law and the International Criminal Court. According to it, without evidence, it is not possible to detect a crime and attribute the crime to the accused and to execute punishment and acquit the perpetrator. ...
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The obtaining of evidence is one of the most important and fundamental subjects in Iranian criminal law and the International Criminal Court. According to it, without evidence, it is not possible to detect a crime and attribute the crime to the accused and to execute punishment and acquit the perpetrator. Among the most important principles governing the obtaining of evidence in Iranian criminal law and the International Criminal Court, we can name the principle of legitimacy of obtaining of evidence, the presumption of innocence, the principle of free evaluation of evidence, the principle of freedom of obtaining of evidence, and the principle of legality of evidence that non-observance of these principles and obtaining of evidence through illegitimate ways is not only against human rights and the dignity of humans and the administrators of justice but also causes a reversal of the verdict in the Court of Appeal. Although there are no clear provisions in Iranian criminal law in this regard, in the procedure of the International Criminal Court, non-observance of those principles is one of the reasons for the invalidity of the investigation process. This article tries to deal with different aspects of this subject and provide solutions to that.
Jurisprudence and Law
Ali Abbas Hayati
Abstract
One of the most important issues in civil law is the issue of “Conditions in the contract”. The condition here is a sub-agreement in addition to the main contract, and such a condition is by nature a legal act. In the Iranian Civil Code, the provisions regarding the condition are stated in ...
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One of the most important issues in civil law is the issue of “Conditions in the contract”. The condition here is a sub-agreement in addition to the main contract, and such a condition is by nature a legal act. In the Iranian Civil Code, the provisions regarding the condition are stated in Articles 232 to 246. The source of inspiration for the provisions of this law is the French civil law and the books of Imami jurists. Nevertheless, because in the French civil law, an independent and coherent issue is not assigned to the conditions, the legislator has adapted all the rulings regarding the conditions from the books of Imami jurists. Therefore, to fully understand it, you should refer to these books. The book, entitled Advanced Civil Law - Analytical the Conditions in the Contract, written by Hassan Rahpik has dealt with this issue. Although this valuable book contains significant analysis and to some extent has been able to present the subject in a correct and understandable way, its critical review, both in terms of form and content, reveals some of its shortcomings and inadequacies. Therefore, it can be useful in future reforms if these suggestions aretaken into account.
Jurisprudence and Law
Mostafa Daneshpajooh
Abstract
The ambiguity and conciseness of the law on the citizenship of the children of Iranian mothers, on the one hand, and some dense social problems for the children of Iranian women married to Iraqi nationals and increasingly Afghan migrants, on the other hand, led the legislator to pass a single article ...
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The ambiguity and conciseness of the law on the citizenship of the children of Iranian mothers, on the one hand, and some dense social problems for the children of Iranian women married to Iraqi nationals and increasingly Afghan migrants, on the other hand, led the legislator to pass a single article in 2006. However, the conceptual ambiguities and implementation problems of this single article caused the legislator to repeal the previous single article by approving a new article in 1398.This article is an attempt to illustrate the article’s strengths and weaknesses by reconsidering the “critical-corrective” nature of the new single article, and especially to explain its incompatibility with the forty-first principle of the constitution; it is finally suggested that due to the truth and nature of citizenship and more compatibility with Article 41 of the Constitution, maternal lineage, like paternal lineage, secure the Iranian citizenship to the child.
Jurisprudence and Law
Abdol Hossein Rezaei Rad
Abstract
According to its most famous definitions, jurisprudence is based on the science of expressing and deducing judgments on their reasons, and the sources of jurisprudence and the textbooks of this field of humanities have not left any effort in expressing religious judgments and their reasons, but have ...
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According to its most famous definitions, jurisprudence is based on the science of expressing and deducing judgments on their reasons, and the sources of jurisprudence and the textbooks of this field of humanities have not left any effort in expressing religious judgments and their reasons, but have proven experience. Due to the fact that the rulings are applicable in a variety of social and historical conditions, it is feasible and viable. Reasons alone are not enough, and the reason for the sentences and method of its implementation is significant, but unfortunately in the jurisprudential works, especially the Shiite jurisprudential works which include being afraid of divorce from divine commandments and falling into the trap of analogy and tastes, little has been done on these two categories. This research tries to increase the efficiency of the sources of jurisprudence and the strategies of the studies in this field and the need to address these two categories and the consequences of neglecting them in the sources and texts of jurisprudence. The present paper makes an attempt, through examples and actual examples as two important strategies, to increase the efficiency and outcome of jurisprudential texts and, at the same time, to highlight the damage of extremes in the methodology and causality of sentences.
Jurisprudence and Law
Reza Zahravi
Abstract
The decriminalization approach can be corrected in some individual or social dimensions. The dimensions of the veil are not limited to the individual scope and have many social effects, but the neglect of social effects and neglect of other dimensions are against the principles of Islamic law and can ...
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The decriminalization approach can be corrected in some individual or social dimensions. The dimensions of the veil are not limited to the individual scope and have many social effects, but the neglect of social effects and neglect of other dimensions are against the principles of Islamic law and can be criticized. The realm of law is not limited to the social sphere, and the individual and divine dimensions are not outside the sphere of law, and the entry of law into this realm is rationally defensible and is based on the correct drawing of the boundary between ethics and law; Accordingly, in this article, on the one hand, by presenting logical arguments for the entry of law into all necessary human relations, under the correct draw of moral and legal boundaries, criticizes arguments against entering the law in other cases to individual scope. On the other hand, as a violation argument, an attempt has been made to prove the entry of law into the subject of the veil by referring to and analyzing various domestic and foreign laws due to the social dimensions of the veil.
Jurisprudence and Law
Ghazale Taheri Attar; MohammadAli HasaniNik
Abstract
The science of law is bound to examine the state of affairs of each country and to design the relations of government agencies with one another and with the people, in order to achieve the best conditions for the prosperity and improvement of any civilization. The Book of Administrative Law is the work ...
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The science of law is bound to examine the state of affairs of each country and to design the relations of government agencies with one another and with the people, in order to achieve the best conditions for the prosperity and improvement of any civilization. The Book of Administrative Law is the work of Bijan Abbasi, one of the last authors in this field that tries to explain the basics of administrative law knowledge to researchers and practitioners in the six chapters. In this article, through a fair study, review and critique of this work, we sought to identify its strengths and weaknesses and to help improve the state of administrative law knowledge and consequently improve the administrative structure of the country. This book seems to have been written for the general public, as it has not been deeply embedded in any of the dimensions, theoretical foundations, administrative structures of the Islamic Republic, and the administrative structures of the Islamic Republic in comparison with other leading countries in administrative law, and especially for law students. It is not useful and can only be a gateway to knowledge of administrative law.
Jurisprudence and Law
Hossein Qashqaee
Abstract
A critical study on works that have scientific content will lead to the growth and development in a field of knowledge. Having a right understanding of legal articles depends on referring to the original texts from those laws that have been enacted. One major shortcoming of this book is that only some ...
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A critical study on works that have scientific content will lead to the growth and development in a field of knowledge. Having a right understanding of legal articles depends on referring to the original texts from those laws that have been enacted. One major shortcoming of this book is that only some minor religious sources were pointed out to interpret a legal article, while to review a legal article, it is essential to see all the documents and resources, or all legal reasons should be investigated. At least, well-known fatwas available at the time of the law must be examined because it can be considerably helpful. Foundations and presuppositions of any legal article are appropriate with a legal system, and for the interpretation of every legal article, the special legal system should be considered and examined.
