Law

Open Access Article

1 - The nature of the world and verbal beliefs in the poems of Mohammad Taghi Aliabadi Mazandarani
jalil tajlil شعبان توکلی

Mohammad Taghi Ali Abadi Mazandarani (born 1198 AH. Ali Abad Ghaemshahr, deceased 1256 AH. Tehran, Tehran). He is also the owner of the court and is famous for "Malalai" and "Aqa"; the owner of the court of the poets and Rijal Fadel of the court of Fath Ali Shah He also More

Mohammad Taghi Ali Abadi Mazandarani (born 1198 AH. Ali Abad Ghaemshahr, deceased 1256 AH. Tehran, Tehran). He is also the owner of the court and is famous for "Malalai" and "Aqa"; the owner of the court of the poets and Rijal Fadel of the court of Fath Ali Shah He also had the office of his clerk. He wrote the short and useful history in the description of Fath Ali Shah's ancestors and the ancestors of the time, "Muluk al-khalk" or "Treasury of Khaghani", and "The Divan of the Poems" became famous. Mzndrani Ghazal, Qasī, and Samnahni is a self-examining and "Sahib" of his penance. He is a moderator of poetry in the form of the poetry of nature and moral values It is never Frvngzardh and Rumi, a mystical ideas and beliefs is presented. The presentation of thoughts in the poems of Sahebdivan is somewhat predefined in the modeling of the core of the mystical beliefs; the emergence of ideas, even in the form of invisible strings, appears in his court, especially in the form of his masculine forms. Among them, the subject of the world and the examples of the events The old, love, creation and creation of the world and man are in the poems of the owner of the special court, which is the subject of this essay. This is due to his particular way of expressing the ideas of the belief and the theological, which has the power of his literary artist. The emergence is the focus of this critique. This essay is based on the critique and poetry analysis of library resources. Manuscript profile

Open Access Article

2 - Examining the Role of Religious Beliefs in Protecting the Rights of Women Focused on Family Protection Law
Nafiseh Nekouie Mehr Atefeh Hosseini Far

Although Islam strongly opposes discrimination against women, but does not advocate for their absolute equality. The nature has created men and women as complementary beings in life and in society. Therefore, contrary to Western civilization, Islam has given women and m More

Although Islam strongly opposes discrimination against women, but does not advocate for their absolute equality. The nature has created men and women as complementary beings in life and in society. Therefore, contrary to Western civilization, Islam has given women and men natural rights not the same rights. However, Islam does not oppose the equality between women and men but it opposes the similarity of their rights. The constitution of the Islamic Republic of Iran has set a high status for women, and in this connection the government is obliged to observe women's rights in all respects according to Islamic standards and guarantee the full rights of all persons, including men and women, and equality of the law of the Supreme Court has been emphasized. In accordance with the Islamic rules governing the country, the current paper examines the new law on the protection of the family adopted in 2013, for the protection of women's rights, as well as three important issues that directly address the challenges of women's rights. The main question of the current paper is whether this law has taken a more effective step towards the stability of the family, rather than the previous law, and has been responding to the question and has also examined the compliance of this law with the Iranian religious beliefs. Manuscript profile

Open Access Article

3 - Comparative study of the goals of punishment in the beliefs and beliefs of customary law and Islamic teachings
Amir Vatani Amir hasan niaz poor Farzad Askari

In general, the purpose of punishment is to punish the criminal law of intimidating, punishing, reforming, disabling, restorative justice, and satisfying the offender. In this study, based on Qur'anic verses, narrations and hadiths, we have proved that the purpose of Is More

In general, the purpose of punishment is to punish the criminal law of intimidating, punishing, reforming, disabling, restorative justice, and satisfying the offender. In this study, based on Qur'anic verses, narrations and hadiths, we have proved that the purpose of Islam is from punishment The perpetrators are nothing more than the above objectives, with the difference that the goals of Islam are more general and more extensive than the legitimate aims of the law. Islam, in addition to worldly goals that are in accordance with the goals of modern legal or criminal law, There are other goals as the afterlife goals, which is the welfare of mankind in the hereafter. Therefore, considering that God considers in his own words the expediency of society and the people, in his decrees the interest of the worldly and the future of the people has been considered. So if there was a profit in punishment, but at a certain time and place it would be a loss for profit and its implementation would not be expedient. It can no longer be the purpose of the Lord, while it is true that the punishment has lost the goals of the Lord. However, the worldly goals of punishing criminals from the point of view of Sharia and Islam are in most cases with customary and criminal law It is in harmony with the worldly happiness of mankind, except for the bliss of the afterlife, So, as long as it is punishable by the fact that it is profitable, and if, once it benefits to a corruptor or causes the worship of Islam and does not result in the above objectives, it can no longer be considered by God, otherwise The face is not compatible with God's righteousness. Manuscript profile

Open Access Article

4 - The Principles of the Epistemology of the Rule of Law in the Legal System of Iran
سید محمد علی آل محمد Godrat,o Allah Noruzy manoochehr Tavassol Naini,

The concept of the rule of law can be defined with its least constituent component which is the adherence of all groups of society especially the rulers to the law. In the discussion of the principles of the rule of law, the fundamental question is: "What is the obligat More

The concept of the rule of law can be defined with its least constituent component which is the adherence of all groups of society especially the rulers to the law. In the discussion of the principles of the rule of law, the fundamental question is: "What is the obligatory requirement for a person to legitimize law and adhere to it?" In answering this question, from an epistemological point of view, it is important to consider the role of revelation, experience, and wisdom in man's obligation to obey the law. The most important question that has been considered in this research is the study of the principles of the epistemology of the rule of law in the legal system of Iran. According to the findings of this research, the wisdom and experience of mankind in the current legal system of Iran are only valid in the case of the confirmation of the religion. The majority of people in Iran believe that divine law provides their prosperity and perfection, and this is the most important reason for their adherence to divine law or law approved by religion. Manuscript profile

Open Access Article

5 - Studying the constitutional and legal nature of individualism or individuality Authenticity
Somayyeh Sarami Nafiseh Nekouie Mehr

With the rise of modern communication technologies, including the Internet, individualism has increased and has led to a weakening of the collective relations and normal human links (eg face-to-face relationships and emotional relations). For this reason, because of the More

With the rise of modern communication technologies, including the Internet, individualism has increased and has led to a weakening of the collective relations and normal human links (eg face-to-face relationships and emotional relations). For this reason, because of the viewpoint of aggregation and interests Collectively, it is a priority and priority. Therefore, any kind of individualism and motivation that contributes to the strengthening of the spirit and the culture of individualism is denied and denounced. Humanism or individuality is a major theoretical element in the "liberal-capitalist" system, and in the sense of The heart of this system and free market ideology is in place. In this school, his person and his rights prevail over everything. If a government is formed, it must be at the service of the people of the community. Collectivist concepts, such as the "benefit of society," are false. Everyone recognizes his or her own interests better than others, and if they seek their own good and good, then society will eventually be good. We have no absolute goodness and virtue to interfere in human life. Religion, ethics and government, as well as reformers and thinkers, have no right to issue copies to prescribers. In this paper, I also examine the different perspectives on individualism, the controversies and the ways in which this school is with Islam. Manuscript profile

Open Access Article

6 - Representation of religious thoughts on civil liability arising from harassment and its associated with British law
Alireza sharifi Mohammad molodi

Civil liability from nuisance in property laws is one of the major areas in civil liability. People may cause nuisance or inflict harms to the latter through exercising their rights of occupation in properties. This subject matter is the area at which property rights an More

Civil liability from nuisance in property laws is one of the major areas in civil liability. People may cause nuisance or inflict harms to the latter through exercising their rights of occupation in properties. This subject matter is the area at which property rights and civil liability converge. On the one hand, the proprietor reserves an unlimited right of occupation in his/her property (Article 30 of the Civil Law). On the other hand, the right to property is restricted to this natural and legal right that the latter's property receives no damage (Article 132 of the Civil Law, and Principle 40 of the Islamic Code). The Civil Law does not have an explicit decree as to the civil liability of the proprietor and has not enumerated its provisions or elements either. Therefore, by comparative study of the subject, and via the analytical-descriptive method, it was concluded that the extra occupation of the reasonable would have the result of civil liability, if it would create nuisance in the property law and damage to the neighbor, whether it is intended or unintended for the proprietor. The absoluteness of the right, reasonableness of the act and satisfaction of needs shall not remove liability. However, the rule of "Prohibition of Detriment" governs the relations arising from vicinity and neighborhood, and the occupation by the occupier is customarily endurable by the vicinity law. Manuscript profile

Open Access Article

7 - Comparative study of proscription and approval through kalami approach
Masih Mahmoodi sogh hormoz asadikohbad siyamak baharloei

Proscription and approval are two precedent approaches among the Muslim petitioners and clergymen. Approval originates from Sunni principles while proscription has a root in Shiite ones. Since two tribes of shiite and Sunnite have had disputes on the issue of the caliph More

Proscription and approval are two precedent approaches among the Muslim petitioners and clergymen. Approval originates from Sunni principles while proscription has a root in Shiite ones. Since two tribes of shiite and Sunnite have had disputes on the issue of the caliphate of prophet this kind of above -mentioned issues caused a distinction between their approaches more and more. The studies done by researchers in academic centers and religeous schools are often descriptive and merely illustrative. A deep and precide look at both the issue of proscription and approval of kalami functional challenges of these views was the main reason for the study. In this research, in addition to descriping and explaining both categories. The kalami errors of these views are reviewed by examining the comprehensiveness or deficiency of religion from the perspective of approval and also the problem of excommunication and its relation with the proscription has been examined. Bisides the contrast and paradox of the tow approaches, equality and unity of the content of tow views and some of the positive and constructive aspects of the thought of approval have been other findings from the researcher. Manuscript profile

Open Access Article

8 - Investigation of the Basis of Transformation Legitimacy with the Quranic Approach - Validity And its effects in the teachings of criminal law
hosein khorshidi mohamad hosein shabani

20.1001.1.98991735.1400.10.37.5.7

In the subject of sex change, we are faced with the lack of narration in the Holy Qur'an and narratives, as well as the silence of the legislature, but the most prominent features of Imam's jurisprudence are the ability and ability to attend in all fields of science and More

In the subject of sex change, we are faced with the lack of narration in the Holy Qur'an and narratives, as well as the silence of the legislature, but the most prominent features of Imam's jurisprudence are the ability and ability to attend in all fields of science and new and new issues, and contemporary jurisprudents according to two principles of dynamism And the definitive trust in the religious texts and sources has kept the light of the intellect clear and this has led to the development and development of jurisprudence. Therefore, in this article, based on the authoritative sources of Islam and the principles of the criminal law, through analytical and descriptive methods The study of the legal basis of the legitimacy of gender change has also been studied, as well as the effects of the legitimacy of sex change. Iran's current criminal law the notion of order under scrutiny. The jurisprudential foundations of the legitimacy of the issue of gender change are twofold: first category; absolute legitimacy; second class; conditional legitimacy; according to the authors, the viewpoint of contingent legitimacy is in accordance with medical and legal principles, and also in criminal matters, according to the principle of interpretation in favor The accused and the subtle interpretation of the criminal law, in every matter that there is a suspicion of the accused in the sex, the criminal laws are assisted by the accused and adopt a gender that does not respect him or her, and also by changing sex from male to female, The current woman will be in the women's sentences, and the woman will also be the man after the change of sex; the principle is that in case of committing a crime The works and will be a new gender rules. Manuscript profile

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