Research
Jurisprudence and Law
Manoochehr Tavassoli Naeeni
Volume 10, Issue 21 , December 2011, Pages 1-205
Abstract
Establishing Iran law schools which were of the same style as law schools in Belgium and France during Qajar dynasty, caused Iran legal system to have a tendency to German- Roman legal traditions in addition to Islamic law. The history of law education in Iran shows that at the moment, Iran legal system ...
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Establishing Iran law schools which were of the same style as law schools in Belgium and France during Qajar dynasty, caused Iran legal system to have a tendency to German- Roman legal traditions in addition to Islamic law. The history of law education in Iran shows that at the moment, Iran legal system is far away from legal systems of the developed countries and has lost its dynamic nature. Thus we are in need of pathology of different fields of study in law in academic centers, regarding different dimensions like resources, teaching methods, and curriculum development. This can be done by comparative study of law education in Iran and other countries. In this article, we try to compare the history of law education and teaching method in Iran and France.
Research
Jurisprudence and Law
Vali Rostami
Volume 10, Issue 21 , December 2011, Pages 17-47
Abstract
Starting work and Employment which are correlative and interdependent are key subjects and important chapters of employment law. Although there have been some changes, reforms, and innovations regarding the issue in “Civil Service Management Act”, there are still some obscurities and insufficiencies. ...
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Starting work and Employment which are correlative and interdependent are key subjects and important chapters of employment law. Although there have been some changes, reforms, and innovations regarding the issue in “Civil Service Management Act”, there are still some obscurities and insufficiencies. Introducing general principles of starting work, especially emphasizing on the principle of efficiency and being qualified, principle of equal opportunity, and clarifying and removing obscurities and insufficiencies are some of the positive changes related to starting work principle comparing to the previous version. Presenting new employment policy while emphasizing on permanent employment criterion for governmental positions, determining the conditions and requirements of different types of employment and employing human resources in administrative organizations, and decreasing the negative consequences of permanent employment, are some of the innovations and positive changes of the above said act. If some of the weak points and ambiguities in predicted regulations and rules are revised, a big change will surely occur in the employment system of Iran. However, obscurities and abridgments of the law, and especially not determining the status of previous rules has made the efforts of law makers open to criticisms.
Research
Jurisprudence and Law
Ebrahim Mousazadeh
Volume 10, Issue 21 , December 2011, Pages 49-75
Abstract
Social rights have a critical role not only in political, religious, and legal thinking, but also in social and economic management. Islam from its arising both in Islamic texts and in practice and Imams’ deeds emphasized on social rights for their role in preserving human dignity and providing ...
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Social rights have a critical role not only in political, religious, and legal thinking, but also in social and economic management. Islam from its arising both in Islamic texts and in practice and Imams’ deeds emphasized on social rights for their role in preserving human dignity and providing the hard stones of a healthy religious society and has developed a legal and administrative system. On the contrary, in western systems there are no proper principles, pattern, and framework for social rights. Following the progressive Islamic thought, social rights system in Iran is manifested in different principles of the constitutional law of Islamic republic of Iran including: principle 3, article 4(the insurance of widowed, old and guardianless women), principle 28 (right of work), principle 29 (right of social security), principle 30 (right of education), principle 31 (right of habitation).This article not only introduces philosophical background of social rights but also discusses their role in Islamic and Western thinking.
Research
Jurisprudence and Law
Ali Reza Yazdaniyan
Volume 10, Issue 21 , December 2011, Pages 77-91
Abstract
From the beginning of the formation of Law, religion, faith and beliefs were considered as valuable and rich resources and inspiration for the purpose. For centuries rules defined by the church were both religion and law, the same situation as Iran before constitutional revolution. Legislators ...
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From the beginning of the formation of Law, religion, faith and beliefs were considered as valuable and rich resources and inspiration for the purpose. For centuries rules defined by the church were both religion and law, the same situation as Iran before constitutional revolution. Legislators have always tried to find the solution for the problems of society in religious rules and system and represent it as law, as well as judges and jurists who were faithful to Islamic jurisprudence in practice, and a lot of judgments and judicial decisions are actually representations of commandments of Islamic jurisprudence. Even in some cases legal doctrine benefits from Islamic jurisprudence to explain and describe law articles.Nevertheless, some parts of our legal rules have kept distance from Islamic jurisprudence and are more close to western and European rules. On the one hand, some principles of constitutional law have made the domain of Islamic jurisprudence unclear. In the constitutional law of Iran, reliable Islamic sources and accredited religious injunctions are to explain and describe the defective or obscure articles, but the domain of Islamic jurisprudence for laws extracted from other legal regimes is in doubt. Thus, it is necessary to provide the framework for the domain of Islamic jurisprudence in positive rights, which we will be discussed in this article.
Research
Jurisprudence and Law
Seyyed Rahim Hosseini
Volume 10, Issue 21 , December 2011, Pages 93-106
Abstract
Encyclopedia of Law which has been reprinted many times is well known to students and researchers of law. However, this series is open to criticism and for consideration for certain reasons. However, criticizing the form or style of the book is not intended here. In this article, the above said book ...
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Encyclopedia of Law which has been reprinted many times is well known to students and researchers of law. However, this series is open to criticism and for consideration for certain reasons. However, criticizing the form or style of the book is not intended here. In this article, the above said book is analyzed from two points of view: reflective and criticizing. 1.Regarding documents of Islamic jurisprudence and usul, juratory rules, … ; 2. concerning the writer’s criticism to some opinions and comments of jurists and usulin. In other words, in this article, it is tried to criticize some of unscientific and incorrect standpoints of the writer in the domain of juratory thought from the view point of shiite jurisprudence.
Research
Jurisprudence and Law
Mohammad Javad Javid
Volume 10, Issue 21 , December 2011, Pages 107-137
Abstract
It is nearly three decades that modern human being has been thinking about the previous questions raised in its community regarding the philosophy of law, something that goes back to more than three thousand years. Contemporary researchers having the same point of view as Greek philosophers in the domain ...
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It is nearly three decades that modern human being has been thinking about the previous questions raised in its community regarding the philosophy of law, something that goes back to more than three thousand years. Contemporary researchers having the same point of view as Greek philosophers in the domain of Law, intentionally or unintentionally have noticed a key issue which itself lead to lots of deep but abstract and vague literature in facilitating access to peace and equality for all people. It is nearly half of a century that today's philosophy of law discusses "justice", a subject which is neither old nor new. In theory, it goes back to the creation of human beings and universe, but in practice it is just like a fetus. The philosophy of law in Iran seems like a light boat floating and wandering on the ocean of world current philosophy of law. It is very likely that a huge wave demolishes it completely or in the hope of reformation, restructures it. This article is an explanation of the same situation we experience with philosophy of law in Iran. It aims at analyzing "philosophy of law: definition and nature of law" which, in this article, is considered of great interest for the duality of its content.
Research
Jurisprudence and Law
Ahmad Reza Naeeni Naeeni
Volume 10, Issue 21 , December 2011, Pages 139-168
Abstract
Expurgation of rules and regulations is one of the issues which academic societies are increasingly interested in. One of the categories in the field is examination and identification of the "implied abrogation" of the approved laws.In this article, we try just to discuss some aspects of abrogation (not ...
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Expurgation of rules and regulations is one of the issues which academic societies are increasingly interested in. One of the categories in the field is examination and identification of the "implied abrogation" of the approved laws.In this article, we try just to discuss some aspects of abrogation (not implicit abrogation and changes but explicit abrogation and changes).You may think that abrogation, modification and explicit annexation are clear and there is no need to discuss them. However, in this article it is tried to discuss such issues and not the implied abrogation which there may be some disagreements upon.Jurists’ main concern is the implied abrogation or changes of rules and regulations. However, books like this one makes us also concerned about explicit changes and abrogation.In this book there are a lot of faults both in content and form. In this article, we discuss the approved laws which have been explicitly abrogated, modified and in some cases underwent annexation and interpretation before the first or later publications of the above mentioned book. One of the examples of these approved laws is the executive regulation about urban land approved in 6/7/1988.This executive regulation which was more than 26 pages in the first publication and 24 pages in 18th publication is explicitly abrogated according to article 40 approved in 14/5/1992. It should be noted that this executive regulation was explicitly abrogated 6 years before the first publication of the book in 1998, but you can find it even in the 18th publication in 2008.
Research
Jurisprudence and Law
Mohammad Reza Nazari Nejad Kiyashi
Volume 10, Issue 21 , December 2011, Pages 169-185
Abstract
Before discussing important issues regarding crime policy in Islam and Islamic Republic of Iran, it is better to introduce the basis and objective of Law in general, and Islamic Law in particular. In fact, without learning about and researching on important issues in the field, discussing crime ...
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Before discussing important issues regarding crime policy in Islam and Islamic Republic of Iran, it is better to introduce the basis and objective of Law in general, and Islamic Law in particular. In fact, without learning about and researching on important issues in the field, discussing crime policy in Islam and Islamic republic of Iran is no more than just plunging in religious injunctions without identifying their role and functions in achieving the fundamental goal of crime policy which is reasonable social discipline. So, first, it is necessary to determine what law is and how it is different from ethics and religion. Second, what is the necessity of law and why its rules are obligatory; and third, what are the objective and output of law and its norms. Thus, In other words, confusing the concepts of religion, ethics, and law, and not discussing basic and philosophical issues concerning law and its objectives have caused contradictions in the book which questions the possibility of “developing and presenting a framework compatible with scientific logic” claimed by the writer in the preface of the book.
