حقوق

Open Access Article

1 - 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

2 - 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

3 - Belief and Legal Context of Protecting the Citizenship Rights of the Bank to the Iranian Administrative System
Moein Sabahi Garaghani Abolfazl Ranjbarie Gholam Hossein Massoud

The administrative system faces many problems and, in practice, is in turmoil. One of the main reasons for corruption in the country is the presence of anomics (maladaptation) in different administrative departments. Administrative system abnormalities provide opportuni More

The administrative system faces many problems and, in practice, is in turmoil. One of the main reasons for corruption in the country is the presence of anomics (maladaptation) in different administrative departments. Administrative system abnormalities provide opportunities for committing crimes or corruption in the offices. One of the most effective methods of administrative health is the implementation of the Citizenship Rights Charter It prevents the creation of corruption opportunities for individuals, especially in the departments, and will also help to respect the rights of the nation, most notably administrative and economic rights. The main question of the present research is that the areas of belief and law, the implementation of citizenship rights are derived from the basic components and values of the administrative system? By deliberating in the books, articles and legal documents related to this study, it was found that the most important of these citizenship rights are: the right to equality in the protection of the law and the enjoyment of opportunities and facilities, the right to freedom and respect for the citizen, the right to proportionate, wise, The precise and diligent conduct of the state, the right to uninterrupted and timely public services, the right to transparent government and the freedom of information, the right to guarantee and respect for rights and legitimate expectations, the right to a responsible government, the right to a healthy state and the prohibition of abuse of power, The right to an intelligent government conforming to technology and knowledge of the day, the right to participate, the right to an efficient and effective government and the right to responsibility And fulfill the legal obligations of the state. 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 - 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

Open Access Article

8 - A Review on Peaceful Approach of Prescribing Jihad in Islam
hamidreza hanan

20.1001.1.98991735.1399.10.38.7.7

Nominating Islam as brutality is among the most important accusations and it is the axis for numerous objections have been and are related to Islam. One of the positions intruduced as brutal and was the aim for many objections was Islamic prescription and legitimacy of More

Nominating Islam as brutality is among the most important accusations and it is the axis for numerous objections have been and are related to Islam. One of the positions intruduced as brutal and was the aim for many objections was Islamic prescription and legitimacy of jihad. A look upon the peacefulness of Islam in terms of its opposit position in friendly human rights which is regarded as the pillar for powers' belicosity and attention to establishment of religious legislation based on defense, and on the contrary, prescribing the initiation of war in humane conflicts, and also preserving the message of peace and friendship and advising it even toward the non-Muslims, along with the role of unifying the sects and tribes are among the reasons which prove the invalidity of the mentioned objections. The present survey, through descriptive-analytical method and enlightenment of Islamic peaceful positions, tries to show tjat Jihad is legitimated within the reasonable frame of defense and it is prescribed within borders without which preserving and progress of human life is not possible Manuscript profile

Open Access Article

9 - The structure of play and play from the perspective of five religions and subject law
Masoumeh Pourshabanan Najaf Abadi mohammad ali hedari Masoud Raee Dehghi

20.1001.1.98991735.1400.12.45.10.4

The social revolutionary revolution is a social political goal. It is a process that is driven by mass action leading to the aspirations arising from long-term ideas and by breaking away from the past, which is accompanied by inequality and the future of new norms with More

The social revolutionary revolution is a social political goal. It is a process that is driven by mass action leading to the aspirations arising from long-term ideas and by breaking away from the past, which is accompanied by inequality and the future of new norms with justice And Aristotle believes that existing inequalities are among the factors behind the revolution. The purpose of the present study is to explain the sociology and comparisons of the revolutions in Egypt, Tunisia, Libya and Iran, which has been analyzed using the ideas of the Jews and the people. The research methodology is the methodology for reviewing and analyzing The content of the relevant texts is a tool for collecting field information. The results showed that among the common causes behind these revolutions: the political and administrative failure of the rulers, despotism and absolute freedom, and the taking of people, the widespread financial and social crises and its consequences (unemployment, Inflation, reduced economic growth, social harm, reduced social trust and socialism, anomalies, etc.), the presence of intellectuals and people in the scene, the existence of virtual social networks from other revolutions, the existence of guiding and minded leaders, dependence and unbalanced development, and the separation The revolution of Iran with these revolutions: the root of it Another distinction was that of the leadership of Iran, which came from the people and the people. Manuscript profile

Open Access Article

10 - Islam and the Western Universal Declaration of Human Rights: Apostasy, Freedom of Thought
Mahdi Salehi Mohammad JafariHarandi Mohammad AsadiMehmandoost

20.1001.1.98991735.1401.12.48.6.0

The Universal Declaration of Human Rights focused on determining the most important principles of human rights and freedoms, including freedom, equality and, etc. But despite its global nature, it has raised many challenges among the nations of the world, including Musl More

The Universal Declaration of Human Rights focused on determining the most important principles of human rights and freedoms, including freedom, equality and, etc. But despite its global nature, it has raised many challenges among the nations of the world, including Muslim countries. This declaration ignores the main basis of human rights, which are emphasized in Islam, that is, the uniqueness of God, which is ignored and limited to human intellects in it, and the centrality of man in compiling this declaration is one of the main challenges that the new Western world has created for the Islamic world. The present study has been written with a critical and comparative expression, in a descriptive-analytical method with a library approach. The results of analytical arguments show that human rights from the perspective of Islam are part of the school of Islam, divine laws and faith of the heart that recognizes and binds on human rights. But the focus of the Universal Declaration of Human Rights is on human reason and the denial of any ethnic, religious or cultural domination of man. Therefore, in religious thinking, human rights are more thoughtful and guarantee more implementation. There are many similarities and differences between the International Charter of Human Rights and the Declaration of Human Rights from the perspective of Islam. However, due to differences in the philosophical and ideological foundations of many of the basic principles of the two charters, these concepts cannot be absolutely accepted by Islam in the same way as stated in the Universal Declaration of Human Rights. Manuscript profile

Current Issue

Published Issues

Menu

Browse

List of Articles حقوق