Criminal Law and Criminology
Iman Madaniyan
Abstract
Background and purpose: Criminal procedure is one of the important laws of the criminal system that guarantees individual rights and freedoms in addition to social rights. This law has undergone less changes and transformations over the years, now that the Iranian legislator has approved the new criminal ...
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Background and purpose: Criminal procedure is one of the important laws of the criminal system that guarantees individual rights and freedoms in addition to social rights. This law has undergone less changes and transformations over the years, now that the Iranian legislator has approved the new criminal procedure law. Therefore, it is necessary to examine the attitude of the legislator in the civil society organizations in the criminal process and apply the findings of the collaborative criminal policy in the new law.Method: descriptive-analytical method will be used in this research. The collection of information used in this research is library and document method, and internet bases, books, magazines, etc. are used. Also, the information used in this research will be collected using the slip and slip writing method.Findings: After the developments that occurred in the last two centuries regarding the foundations of criminality, criminologists have come to the opinion that in order to formulate efficient and dynamic criminal policies, in addition to the phenomenon of the criminal and the personality of the criminal, other factors of the environment and society should also be considered. and pay attention to the criminal policy beyond the penal policy. Politics has been defined as a solution to the problems of the society, and the term "criminal" has been used to refer to criminal phenomena, which all together means a solution to deal with crime.Results: Legislative criminal policy, as the first layer of criminal policy in a law-making government, consists of the legislator's deliberation and solution regarding crime and the response to it, which takes different forms according to the dependence of criminal policy on the political system of each country. Legislative criminal policy is the taste of different legislators and their choices in all types of crimes and punishments and in general how to deal with the criminal phenomenon and criminal proceedings
Criminal Law and Criminology
Iman Madaniyan; Mohammad Reza Elahi Manesh
Abstract
Background and purpose: With regard to the approval of the procedural law approved in 2012, which was a step forward during these few years, it is possible to see more and more attention to the plaintiff's rights in this law. In the new law, the legislator has considered rights for the plaintiff, such ...
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Background and purpose: With regard to the approval of the procedural law approved in 2012, which was a step forward during these few years, it is possible to see more and more attention to the plaintiff's rights in this law. In the new law, the legislator has considered rights for the plaintiff, such as protection of the plaintiff against confrontation with the accused, protection of the plaintiff's identity, the right to benefit from compensation and the right to protect the plaintiff against threats, each of these components is a kind of moderation in the field of recognition. Knowing the rights of the plaintiff. Method: According to the nature of the topic and the intended goals, the present research is qualitative in terms of type and descriptive and analytical in terms of method and is based on explanation, explanation, explanation and reasoning based on the materials extracted from the sources.Findings: In the case of the plaintiff's request, if the prosecutor or the investigating officer deems the study or access to all or some of the documents in the case to be contrary to the necessity of discovering the truth, he will issue an order rejecting the request, stating the reason. The decision to reject the request mentioned in the previous point is communicated to the plaintiff in person and can be challenged in the competent court within three days. The court is obliged to consider the objection and make a decision in extraordinary time. The court's decision is final. Results: It is possible to explain the rights and criminal laws of Iran and compare the rights and powers of the plaintiff in criminal proceedings and provide the necessary suggestions in order to eliminate the defects. After explaining the situation of the plaintiff and examining the rights and powers of the plaintiff, the researcher tries to investigate the existing situation in the protection of the plaintiff in the process of proceedings, although the most worthy of comment in this process is the initial stages of the process, i.e. the entry of a person as a plaintiff. However, the plaintiff's rights have been examined in other stages and in the rules of procedure approved in 1392
Jurisprudence and the Essentials of Islamic Law
Batul Mohammadi
Abstract
Purpose: The issue of having children and paying attention to the generation has been one of the most important aspects of human life, and for this reason, God has institutionalized the desire and love for children in his nature, and in all divine religions, he has encouraged man to have children according ...
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Purpose: The issue of having children and paying attention to the generation has been one of the most important aspects of human life, and for this reason, God has institutionalized the desire and love for children in his nature, and in all divine religions, he has encouraged man to have children according to his nature. . The religion of Islam, in the form of verses of the Qur'an and the traditions of the innocents (PBUH), has commanded childbearing and has confirmed its many merits. He has paid attention and in case of fulfilling the special conditions of the individual, the family and the society, he has ordered the increase of generations and the multiplication of the population, and he has considered it one of the important benefits of Islamic societies and one of the factors of power and authority. Also, during the effort to increase the generation, he did not give up on its qualitative improvement and with the series of orders mentioned in the religious sources, he demanded the improvement of perfection and the mental and physical desirability of the child.Research method: In this study, all the articles published in Persian language until the winter of 1401 in the field of childbearing from the perspective of the Qur'an and the Imams of Ahl al-Bayt (AS) were examined. These articles are searched through databases, Fiqh Research Quarterly and Fundamentals of Islamic Law, Hohza information base, sid.ir, Comparative Fiqh Quarterly and Civilica publications, using keywords such as Quran, Hadith, childbearing, procreation, desirability, child. have been obtained. It has also been extracted from the above-mentioned articles and websites from reputable scientific journals. Findings: Throughout history, this discussion has always been a source of controversy and disagreement among thinkers, and the proponents and opponents of the multiplication of generations have insisted on refuting each other's opinion by enumerating the disadvantages and advantages of a large population. On the other hand, the way to achieve and obtain a child, and in other words, the many and varied methods of having children, are other important topics in this field, and the religion of Islam expresses its views in order to evaluate the quality of these methods, and if any method is adopted, it gives recommendations on how to do it. Directly in the hadiths or abstracting rulings from the hadiths, he has dealt with new issues.Conflict of interest: The author hereby declares that there is no conflict of interest regarding the present research.
Criminal Law and Criminology
Atiyeh Vejdani Fakhr
Abstract
Criminal policy in its broad and legal-social concept (as opposed to the narrow and equivalent concept (penal policy)) has been proposed in recent decades and has been more or less considered as a new order in the countries of continental Europe. Among the studies in This territory that has been implemented ...
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Criminal policy in its broad and legal-social concept (as opposed to the narrow and equivalent concept (penal policy)) has been proposed in recent decades and has been more or less considered as a new order in the countries of continental Europe. Among the studies in This territory that has been implemented is that, this category, by paying attention to (invariable elements) existing in every criminal policy (crime - deviance and government response - social response) and (relationships) existing between these elements, (structural analysis) and (modelling). In this method, (crime) is investigated as a violation of mandatory norms, usually legal (normativity-must) and (deviance) as a violation of prevailing social norms or a state of non-compliance with the average behavior (normality - the dominant state of the existing behavior) is defined. Considering the pervasiveness of legal norms (the rules of obligatory khumsah tavariyyah) in Islam, for the study of criminal policy in Iran, dividing the behavior that violates the norm into (crime) and (deviance) - in the aforementioned concepts It is not practical. Nevertheless, in the normative system of Islam, controlled behaviors are distinguished from free behaviors
Private Law
Susan Yousefi
Abstract
The purpose of this study was to investigate the legal nature of the obligation of the issuer and endorser in front of the holder of the bill of exchange. The design of the descriptive research was descriptive-analytical. The purpose of this research is to explain the legal nature of the obligation of ...
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The purpose of this study was to investigate the legal nature of the obligation of the issuer and endorser in front of the holder of the bill of exchange. The design of the descriptive research was descriptive-analytical. The purpose of this research is to explain the legal nature of the obligation of the issuer and endorser to the holder of the bill of exchange and its effects in commercial law and to clarify the ambiguities and inadequacies in Iran's commercial laws regarding the use of these documents. Validation and effectiveness of these documents in internal commercial exchanges based on Iran's trade law and Iran's trade law are among the goals pursued in this research. In order for a commercial document to be able to realize the two principles of speed and accuracy in commercial transactions, it is necessary to have certain attributes and characteristics and to be transformed from a paper form as a means of proof (like official and normal documents) into a movable and immaterial property and independent of Basic transactions and relationships should be valid. Therefore, there is no doubt in the demand for credit reflected in the sheet, and as a result, speed in business is ensured.
Private Law
Susan Yousefi
Abstract
Commercial documents, which are means of payment in commercial transactions, are considered a tool to help regulate commercial relations such as buying and selling, transportation and providing services and establishing order between merchants, and this role makes the mentioned documents more important ...
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Commercial documents, which are means of payment in commercial transactions, are considered a tool to help regulate commercial relations such as buying and selling, transportation and providing services and establishing order between merchants, and this role makes the mentioned documents more important and the existence of regulations It is necessary to be precise and comprehensive about them. In this research, the author is trying to refer directly to the sources and references in a library way and by using descriptive-analytical analysis to all the mentioned cases in this regard and how the signatories of commercial documents are responsible in paying for these documents in Iran with a view Respond to business rights and discuss them more carefully. The most important function of commercial documents is that they are a means of non-cash payments. Identifying the function of these documents as a payment system can be very effective in the realistic description and functional analysis of these documents. An approach that by using the economic analysis of the desired or efficient performance of these papers is the answer to many legal issues surrounding them.
Criminal Law and Criminology
Sajjad Momeni; Firozeh Geravandi; Ahmad Khosravi
Abstract
Background: The civil liability of the physician is of high significance as one of the issues argued in the civil liability and private law. Civil liability in Iranian law, based on the majority of jurisprudence, is relied on the theory of loss and causation. Accordingly, most jurists have justified ...
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Background: The civil liability of the physician is of high significance as one of the issues argued in the civil liability and private law. Civil liability in Iranian law, based on the majority of jurisprudence, is relied on the theory of loss and causation. Accordingly, most jurists have justified the physician’s liability by relying on these two rules.Materials and Methods: In this study, all articles published up to the winter 2021 in Persian on the liability of the influential factors in surgery with view to jurisprudence teachings were reviewed. By searching databases, Quarterly Journal of Medical Law, Iranian Journal of Surgery, sid. ir, Quarterly Journal of Medical Jurisprudence and Civilica Publications, Quarterly Journal of Private Law Research, through keywords as civil liability, Islamic jurisprudence, commitment and liability of physician, medical error and criminal liability, these articles were obtained. It has also been derived from reliable scientific journals from the above-mentioned articles and websites.Findings: According to law historical course on physician’s liability in Iranian law, based on 2013 Penal Code, if the physician is not at fault in science and practice, there is no guarantee for him, even if he has not been acquitted (paragraph 1 of Article 495); indeed, the new penal code has adopted guilt basis.
Private Law
Shadi Ahmadi Fateh
Abstract
The arbitration tendency is expanding due to the increasing development of national and international relations as well as the disputes specialization among individuals. Because of the parallel activities conducted by both arbitrator and the court in some cases as well as the close relationship between ...
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The arbitration tendency is expanding due to the increasing development of national and international relations as well as the disputes specialization among individuals. Because of the parallel activities conducted by both arbitrator and the court in some cases as well as the close relationship between both mentioned authorities, resolving the scope of court’s arbitration involvement seems to be an essential and problematic issue. Arbitration, as a legal and quasi-judicial technique with the aim of resolving legal disputes, due to some advantages as better justice and efficiency, protection of the parties’ interests and peaceful settlement of disputes, arbitration confidentiality, speed in resolving disputes, will lead to better and faster sentence execution. The exclusion of court’s jurisdiction does not mean that courts do not interfere in arbitral proceedings. Arbitration cannot be survived without any court’s intervention. However, this interference should be delimited and limited; otherwise it may turn into an expression to avoid referring sentence purpose to arbitration. In this regard, the court’s minimum intervention in execution of arbitral award and when the losing party refuses to execute voluntarily, it becomes essential. The courts’ involvement in arbitration can be before this, during arbitration or even after the arbitral award. At any stage, this interference, as supervisory or assisting, articulates a significant section of courts’ proceedings in arbitration process. In most legal systems, it has been considered by enactment of independent laws and articles enactment related to the courts’ intervention in its process.
Criminal Law and Criminology
Parniyan Fallahian; Mohammad Ali Kafaeifar
Abstract
The role of the victim and the supporting position assigned to it in Iran's criminal policy, on the one hand, reveals the deficiencies in Iran's laws in the field of protection for all types of victims, and on the other hand, it reveals the necessity of providing special facilities in this field.. Since ...
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The role of the victim and the supporting position assigned to it in Iran's criminal policy, on the one hand, reveals the deficiencies in Iran's laws in the field of protection for all types of victims, and on the other hand, it reveals the necessity of providing special facilities in this field.. Since there has not been a comprehensive investigation in this field, a comprehensive review and logical criminological analysis based on the law regarding "Iran's legal criminal policy regarding the victimization of women" is necessary. With the aim of reducing the effects of abuse on the victim and the society, as well as the reconstruction and rehabilitation of these vulnerable groups and also to prevent the repetition of their victimization in the future, a review between the rights and protective laws of abused women in the procedural law And according to that, domestic judicial procedure is implemented with international criminal laws and documents. Because due to the vulnerability of this group, it is possible for them to be victimized more than other groups in the society, and their victimization will generally have very deep and multifaceted effects on the mental health of the society.Because the attention of domestic legislators and international institutions to the victimization of women with special conditions has been and will be mutual and will be affected by each other. The results of the researches and investigations carried out along with the criminal experience of the legislative systems show that women are more vulnerable to victimization than men, because according to the cost-benefit model, which is also true in crimes, criminals are more inclined to commit crimes. By placing women in the victim position, due to their physical strength and physical resistance, they have less power than men. Despite the fact that in many countries, measures have been taken to deal with the victimization of women and to support them, but still the structure of criminal laws is mainly based on the social role of men and with less attention than women, and among them, the criminal laws of Iran, is not an exception to this rule. The purpose of this research is that in international criminal forums, efforts have been made to minimize secondary victimization in victimized women by adopting diverse, effective and continuous care support measures
Public Rights
Noor Ahmad Mohammadi; Mohammad Wase Siddiqi; Abdul Hamid Ayaan; Zabihullah Zahid
Abstract
The concerning issue of the research is the delegation authority and methodology of delegation of authority according to the law of Afghanistan. It has not been clearly stated that how can a manager delegate the authority within a field and how to process it. But actually here in Afghanistan it is not ...
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The concerning issue of the research is the delegation authority and methodology of delegation of authority according to the law of Afghanistan. It has not been clearly stated that how can a manager delegate the authority within a field and how to process it. But actually here in Afghanistan it is not the delegation of authority indeed it is the obtaining of more and more authority in order to be stable within an organization, so I would like to find out that how such an issue be dealt within the institution of Afghanistan according to the law. Since this issue has been mentioned in various forms of contemporary history of Afghanistan and laws which has been compiled, but in the majority of cases, it has not been developed as much as it was necessary. In the recent (10) years, with the growth of media and revelation of the shortcomings of the administrations in Afghanistan, this issue got focus of the related organizations and departments, therefore I would like to present an understandable framework of the issue in order to find the necessary outcomes of it.
Private Law
Mehrangiz Karimi
Abstract
One of the most significant and vital issues, the discussions of which have always been concerned by the jurists of Islamic religions and consequently, the civil law, is the nature and issues arranged on the relatives’ alimony. Generally speaking, the relatives’ alimony has numerous branches. ...
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One of the most significant and vital issues, the discussions of which have always been concerned by the jurists of Islamic religions and consequently, the civil law, is the nature and issues arranged on the relatives’ alimony. Generally speaking, the relatives’ alimony has numerous branches. Discussing the amount of relatives’ alimony, the benefactors numbers, the number of against benefactors, the almsgiving order, the conditions for almsgiving necessity and other basic issues are among which are addressed from the viewpoint of Islamic jurists and the articles of Iranian civil law. In this research, which has been conducted by descriptive-analytical method, has been achieved by following Iranian law and general jurisprudence and also by using legal texts. Almsgiving means providing normal expenses of the wife and relatives in need. Marriage and wife’s obedience are two conditions for husband to be obligated to almsgiving. He has to pay her expenses. His poverty does not prevent him paying for his wife. Relative kinship between family members has caused parents and children to pay for each other's living expenses. If people are unable to earn enough money due to lack of work or disability, a financially able relative should pay for the livelihood of their poor relatives.
Private Law
Jalil Yarizadeh
Abstract
In the proposed research, an attempt has been made to examine and explain the viewpoint of Imam Khomeini about relationship between general and absolute and the results of Imamieh jurists, as well as the relationship between general and absolute and its application in Iran’s subject laws, the absolute ...
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In the proposed research, an attempt has been made to examine and explain the viewpoint of Imam Khomeini about relationship between general and absolute and the results of Imamieh jurists, as well as the relationship between general and absolute and its application in Iran’s subject laws, the absolute and its application in Iran’s subject laws. In this scrutiny, all articles published up to the spring 2022 in Persian on the relationship between general and absolute as well as its application in the relevant Iranian laws were examined. These articles are searched through databases, Journal of Quranic and Hadith Sciences, Journal of Religious Studies, Quarterly Journal of Private Law Research, International Congress of Religious Culture and Thought, Journal of Islamic Studies - Jurisprudence and Principles which are obtained by keywords such as general, absolute, specific, belonging, expression position. It has also been extracted from reputable scientific journals from the above-mentioned articles and websites. The present article examines the commentators’, fundamentalists, and Quranic scholars’ viewpoints on the general and absolute, as well as the extent to which they impact on differences in interpretations, more particularly jurisprudential ones, and their consequences in Iranian law. One of the topics of principles science in terms of words is the absolute and general issue, which has many jurisprudential and legal results, since the correct general and absolute knowledge and likewise, the distinction between both is necessary and essential not only in jurisprudence and Sharia issues, but also in subject law and more, the legislation art is extremely significant.
Private Law
Sajjad Hasani
Abstract
In Iran's legal system, despite the general rules of civil liability, the institution of indirect infringement of intellectual property rights and the resulting responsibility has been formed and developed with the aim of better protection. In this research, it is done with a descriptive analytical method. ...
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In Iran's legal system, despite the general rules of civil liability, the institution of indirect infringement of intellectual property rights and the resulting responsibility has been formed and developed with the aim of better protection. In this research, it is done with a descriptive analytical method. Indirect infringement is a mistake that, although it does not directly lead to the infringement of intellectual rights, but provides the prerequisites for it, causes the infringement to occur and imposes responsibility on someone who has not committed the material element of the infringement of intellectual rights. Intellectual property rights are an important factor in attracting foreign direct investment, strengthening the foundations of intellectual property rights to attract foreign investment requires determining the legal ratio between intellectual property rights and foreign investment. The intellectual property rights system consists of various international conventions, the most important of which is the TRIPS Agreement, which serves as the minimum international standard for the protection of intellectual property rights, and the international investment law system, which consists of bilateral investment treaties and regional and bilateral free trade agreements, which are an important factor in regulating foreign investments today. Intellectual property is recognized as an example of foreign capital in the definitions of foreign capital of investment agreements. Foreign capital of intellectual property requires that it benefit from the protections provided in investment agreements. The protection standards provided in investment agreements are higher than TRIPS and are referred to as TRIPS Plus
Political Science
Parham Pourramezan
Abstract
With the end of the Cold War and the formation of new concepts in the attitude of the state-nations to the field of international relations, in an evaluative view, it can be said that environmental issues are considered as an element that promotes foreign policy, due to this, the environment in the minds ...
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With the end of the Cold War and the formation of new concepts in the attitude of the state-nations to the field of international relations, in an evaluative view, it can be said that environmental issues are considered as an element that promotes foreign policy, due to this, the environment in the minds of the nation-states has become a practical approach. According to the theoretical teachings. Today, many conflicts between governments are rooted in environmental policies. Due to its unique strategic position, the Persian Gulf region has experienced specific environmental geopolitical attitudes, in which the role of the 6 member states of the Persian Gulf Cooperation Council is increasingly important. How is the environment of the countries of the Persian Gulf Cooperation Council explained? It is worth mentioning that the research method of this article is qualitative with a descriptive and analytical approach, which has been collected through surveys, information in the field of articles, books and internet sites. Since this research is practical, we refrain from giving hypotheses. In the end, it can be mentioned that with the analysis of information, the incompatibility of development plans with environmental policies, lack of foresight, political acting of this council as a challenge and promotion of environmental security. regional, stability in environmental economy, lack of political use of environmental element as examples of challenges and opportunities.
Private Law
Mohamad Mohsen Karami
Abstract
Among the contracts or agreements in civil law, there are some in which an object is placed against the other (i.e. another obligation) and each of them is relied on the other. The significance of these contracts and their common feature, which is the reciprocity of exchanges, has forced the researcher ...
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Among the contracts or agreements in civil law, there are some in which an object is placed against the other (i.e. another obligation) and each of them is relied on the other. The significance of these contracts and their common feature, which is the reciprocity of exchanges, has forced the researcher to investigate this feature and its issues.The contract’s termination due to the insolvency option and also contractual termination based on the option of price delay in the sale contract as a obvious sample of exchange contracts and the obligation of the obligee to fulfill the obligation are also included. Execution of reciprocal obligations provide for execution of guarantees in the contract such as inserting the obligation in the contract or granting the termination right in the case of obligation non-fulfillment by the obligor.Predicting the termination right is useful since in Iranian law, following Imami jurisprudence, violating the contract is not a license to terminate the contract, however a guarantee of the initial implementation of the other party's obligation to fulfill the obligation, but this rule is not mandatory and the parties can the contract stipulates which non-fulfillment of any obligation leads to a termination right for the other party.
Criminal Law and Criminology
Parniyan Fallahian; Mohammad Ali Kafaeifar
Abstract
It is noteworthy that; Through the investigations, it was found that although extensive research has been done in the field of women's rights and many books and articles have been written. However, so far, no independent and comprehensive research has been conducted to examine (the pathology of women's ...
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It is noteworthy that; Through the investigations, it was found that although extensive research has been done in the field of women's rights and many books and articles have been written. However, so far, no independent and comprehensive research has been conducted to examine (the pathology of women's rights in the criminal justice system), and in previous researches, this issue has been addressed in a scattered and limited manner; And therefore, we are still facing a research gap regarding the subject under investigation; This justifies the necessity of conducting the present research. The findings of the research showed that the protections of the criminal law for women's rights can be examined in the form of the following cases: delay in the execution of punishment; Exemption from bearing dowry in crimes of pure fault (exemption of women from paying dowry in crimes of pure fault); Criminal protection for women in case of leaving alimony and criminal protection for women in the case of testifying. also; The legal gaps of women's rights in Iran's criminal justice system can be examined in the form of the following: women's rights regarding the proportionality of the age of criminal responsibility with reality (age of absolute and relative criminal responsibility; gradual criminal responsibility in jurisprudence and domestic laws); Absence of necessary legal protections regarding domestic violence against women and legal gaps in formal laws
Administrative Law
Seyyed Mohsen Razavi Asl
Abstract
Although the provisions of "administrative procedure" were originally derived from civil procedure, but due to the special characteristics of administrative lawsuits, the procedure in administrative courts in countries with written rights has gradually moved towards a relative independence and can be ...
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Although the provisions of "administrative procedure" were originally derived from civil procedure, but due to the special characteristics of administrative lawsuits, the procedure in administrative courts in countries with written rights has gradually moved towards a relative independence and can be Observance of some principles and rules related to fair trial is an effective tool to protect the rights and freedoms of people in the society. Therefore, what was investigated in this research, which was done in a descriptive-analytical and library method, is that despite the fact that administrative proceedings are one of the important and new areas of proceedings and the constitution also accepts the right Litigation and referral to a competent legal court has recognized and guaranteed a series of principles of fair and just proceedings in numerous principles, but the recognition of these authorities in the necessity of revising the method of procedure of the said authorities is extremely important and should be first He explained the structure and duties of these authorities and then proceeded to apply the principles of fair and just proceedings in their proceedings
Interpretation of Quranic Sciences
Tayebeh Emamian; Robab Emamian
Abstract
Background: In this scrutiny, it is attempted to study and explain Allameh Tabatabaei’s viewpoints in Al-Mizan Fi Tafsir Al-Quran regarding the Quran explanation and limiting this feature to God or other people. Al-Mizan Fi Tafsir Al-Quran belongs to Allameh Tabatabaei and is significant in many ...
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Background: In this scrutiny, it is attempted to study and explain Allameh Tabatabaei’s viewpoints in Al-Mizan Fi Tafsir Al-Quran regarding the Quran explanation and limiting this feature to God or other people. Al-Mizan Fi Tafsir Al-Quran belongs to Allameh Tabatabaei and is significant in many aspects such as narrative, comparative and thematic discussions. Based on Allameh’s viewpoint, the explanation of the objective and transcendent affairs is that it is surrounded by words networks; however, God has bound them to words so as to bring them closer to our minds.Findings: The proposed research is a study entitled: “A Study of Explanation of Allameh Tabatabai Viewpoint in Al-Mizan Interpretation” in which it is attempted to examine the explanation meaning and concept in terms of lexicon and semantics, the views of the Allameh Tabatabaei, great Shiite commentator as the author of Al-Mizan, should be examined.Conclusion: Allameh Tabatabaei does not consider explanation as a type of verbal signification, rather as the external facts. He concludes: “It is the fact that explanation is an objective matter and goes beyond word formats”. Since defending Quran dignity is one of the most fundamental religious duties of every Muslim, Islamic scholars and thinkers, including Allameh Tabatabaei who has made great efforts in this regard. In the proposed article, it is attempted to examine the thaumaturgy dimensions scientifically, eloquence and rhetoric, unseen news, no difference in it, its direction and the dimensions of thaumaturgy in all fields have been examined in a descriptive-analytical method with a Quranic approach and the narrative of Allameh's viewpoint.
Jurisprudence and the Essentials of Islamic Law
Leila Hosseinzadeh Cham Gordani
Abstract
Education, in general, and religious education, in particular, in any education system is impacted by viewpoints, research, their critiques and assumptions governing them can protect educational systems from harm. It is essential to investigate the identity of religious education and position of religious ...
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Education, in general, and religious education, in particular, in any education system is impacted by viewpoints, research, their critiques and assumptions governing them can protect educational systems from harm. It is essential to investigate the identity of religious education and position of religious experience in this field by reflecting Islamic issues.This is a theoretical research aims to inform factors affecting education, Islamic philosophers and scientists’ views about education, indicators, characteristics of Quran religious education, principles, goals, methods, obstacles and strategies of Quran religious education and the most prominent question as what is Quran religious education, its strategies and deterrents? The research method is analytical-descriptive in which information is collected as library- based and by referring to the documents related to the research topic. The results of descriptive analysis of research data indicate that education has been one of profound issues to various religions and schools throughout the centuries and religious and Quran education has features, principles, principles, methods are particular strategies following religious teachings, Islam and Quran remove obstacles and impediments. According to the findings, to achieve the desired religious and Quran education, professors, teachers and families should be the first and most effective factor in advancing this issue by adopting new and original methods.
International Rights
Zahra Rahimi; Reza Rashidi
Abstract
The conflict of laws occurs when a private relationship is related to the laws of two or more countries due to the intervention of two or more foreign factors. In legal theories and international conventions, two methods have been adopted to solve the said conflict. The first method, which is customary ...
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The conflict of laws occurs when a private relationship is related to the laws of two or more countries due to the intervention of two or more foreign factors. In legal theories and international conventions, two methods have been adopted to solve the said conflict. The first method, which is customary in principled or dogmatic method, prefers political considerations and interests of the country over legal requirements. The second method, which is termed as legal method or appropriate selection, considers the verdict that is scientifically suitable for any legal issue. Also, private international law and international conventions have incorporated several rules to resolve the conflict of laws. Among them, we can refer to the rule of conflict resolution with main and secondary communication factors, the rule of conflict resolution of laws with main and secondary communication factors, the rule of plural conflict resolution, the rule of alternative conflict resolution, the rule of dissociative conflict resolution and the rule of conditional conflict resolution. It is the laws and regulations that discuss the non-domestic legal relations of nationals of countries and how to apply legal regulations to these nationals in terms of the jurisdiction of laws and courts. One of the most important issues related to private international law is the conflict of laws that occurs when a private law relationship to The reason for the intervention of one or more foreign factors is related to two or more countries. In this research, we examine the general conflict of laws and the issues raised in the conflict of laws in Iran's private international law
Political Science
Massoumeh Dastmard
Abstract
The confrontation of tradition and modernity in contemporary Iran is a complex, sensitive and precise issue with many intellectual, historical, political and social delicacies. In addition to addressing the different angles of the issue and providing diverse materials and resources that are sometimes ...
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The confrontation of tradition and modernity in contemporary Iran is a complex, sensitive and precise issue with many intellectual, historical, political and social delicacies. In addition to addressing the different angles of the issue and providing diverse materials and resources that are sometimes very heterogeneous and inconsistent; the study of this issue also requires some sort of intellectual and scientific classification and reconstruction. The most fundamental challenge that Iran has faced for at least the past 150 years has been the confrontation of tradition and modernity and how to overcome this historical bottleneck. In this confrontation, some people find the only way to escape from the status quo as westernization and blind imitation of the west. Some also insist on the traditions of the past, the traditions that have been associated with many impurities and superstition in the course of events and historical developments and need to be refined and revised. But the past experience reminds us that don’t follow the path of extremist traditionalists and the radical modernists method because they have always failed. In this research, first, the tradition and modernity are defined and explained from the point of view of different scholars using a descriptive- analytical method, and then the historical background of the course of change and transformation are presented at the outset of constitutional movement as a proof of the result. Finally, the comparative analysis of the above issue is discussed and the most important areas of the research are examined.
Private Law
Reza Rashidi; Zahra Rahimi
Abstract
The most important principles of a fair trial are the right to defense and the right to choose a lawyer, and one of the basic guarantees in order to realize the defendant's right to defense and apply the principle of equality of arms between the parties to the lawsuit is the defendant's benefit from ...
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The most important principles of a fair trial are the right to defense and the right to choose a lawyer, and one of the basic guarantees in order to realize the defendant's right to defense and apply the principle of equality of arms between the parties to the lawsuit is the defendant's benefit from a defense lawyer during the preliminary investigation and trial stages. The presence of a lawyer has been considered in all the past periods. Accordingly, in Article 35 of the Constitution, this matter has also been taken into consideration by the legislator. considered it subject to the prescription of the court, but the lawmaker in the Criminal Procedure Law of 2012 clearly stated the right to have a lawyer in all stages of the proceedings. The company of a defense lawyer is accepted in all the stages of the proceedings in the regulations of most countries of the world, and this right has undergone many changes in the laws before and after the revolution in our country. The criminal procedure approved in 1392 has been analyzed and evaluated with a comparative comparison with the French criminal law in different stages of the trial, including the stage under observation, the prosecutor's office and the court, and in other parts of the research, the position of the lawyer in human rights documents has also been examined from the point of view of critical criminology. And finally, the important innovations in the field of lawyer's intervention, which the legislator predicted for the first time in the said law, have been addressed; And at the end of this research, the Criminal Procedure Law of 1392, with all its problems and shortcomings, was much more progressive than the previous laws and better respected the defense rights of the litigants. Involving the lawyer in all crimes and predicting immunity for the lawyer during the defense process. This research, with the help of descriptive method, explains and analyzes the provisions and developments of Iran's criminal procedure law with the perspective of French law
Private Law
Yusra Tarafdare Monfared; Mohamad Mohsen Karami
Abstract
Dissemination in common ownership and property division is subject to the rules and regulations which the legislature has observed in order to ensure the health of people's financial and transactional relations. Dissemination in ownership occurs in cases without the individuals’ will and sometimes ...
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Dissemination in common ownership and property division is subject to the rules and regulations which the legislature has observed in order to ensure the health of people's financial and transactional relations. Dissemination in ownership occurs in cases without the individuals’ will and sometimes with their motivation.In this investigation, all articles published up to the winter 2021 in Persian in distribution in ownership and division of common property were reviewed. These articles by searching databases, Law Quarterly, Iranian Scientific Journal, sid.ir, Jurisprudence and Law Quarterly and Civilica Publications, Private Law Research Quarterly, using keywords such as division, common property, common ownership, division ownership have been obtained. It has also been derived from prominent scientific journals from the above-mentioned articles and websites.Due to the common property, object or benefit or religion or similar or trustee property, the legislator has in the first place permitted the partners to make the division as they wish by consensus and agreement between them and if no agreement is reached, the split applicant can want the partners’ obligations to conduct division.Based on the research and division law and sale of common property approved in 1978, the competent authority to request the division of registered properties is the local registration office in which the property is located..
Jurisprudence and the Essentials of Islamic Law
Hadi Mohammadpouri Suri
Abstract
The purpose of the present study is to examine the points of commonality and points of difference regarding civil liability caused by genetic defects in Iranian law with a view to Imami jurisprudence. The findings show that in many countries, to compensate for this type of damage, a responsibility separate ...
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The purpose of the present study is to examine the points of commonality and points of difference regarding civil liability caused by genetic defects in Iranian law with a view to Imami jurisprudence. The findings show that in many countries, to compensate for this type of damage, a responsibility separate from the general civil responsibility has been formed; But in domestic law, in the existing doctrine, a consensus has been formed in the inadequacy of the general rules of responsibility in this area; The consensus that believes in the separation of the nature of personal losses from environmental losses and the necessity of constant compensation for these types of losses, but what is different is the justification basis for this responsibility. In the first presented views, some jurists have introduced risk theory as a justifying factor; But some others have tried either by referring to scattered jurisprudential texts which, in their view, indicate unconditional responsibility in public spheres, or by referring to the jurisprudential rule of respect for property, which is both the rule of loss and non-loss, to provide maximum support for pure liability. Accept from the environment. A group also considered the growing social needs to be sufficient for designing an exceptional system of responsibility in this field, and believed in establishing a system of pure responsibility by the legislator
Private Law
Shadi Ahmadi Fateh
Abstract
Objective: In international arbitration, three objecting techniques to the arbitral awards are distinguished as appeal, adjuration, and annulment. Although no particular definitions of the above-mentioned terms have been expressed through terminology, they have the profound distinctions and differences ...
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Objective: In international arbitration, three objecting techniques to the arbitral awards are distinguished as appeal, adjuration, and annulment. Although no particular definitions of the above-mentioned terms have been expressed through terminology, they have the profound distinctions and differences and it was unknown to the court as well as to the protesting party.Findings: The reviewing authority is the same court which issued the verdict. Likewise, an appeal is based on both the legitimacy review of the decision-making process and a review of judgment merits which will be disposed in a higher court.Conflict of Interest: The author declares no conflict of interest in the proposed study.