List of Articles قانون

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  1 - Reviewing of the standards for determining state orders from non-state orders
     
  The guardianship of the jurist as a theory religion practice, and developed of God worship from individual in to social and state one has opened a new horizon in different political and Islamic sciences. In recent years it has been felt more necessary to pay attention More

  The guardianship of the jurist as a theory religion practice, and developed of God worship from individual in to social and state one has opened a new horizon in different political and Islamic sciences. In recent years it has been felt more necessary to pay attention to political jurisprudence and issues relevant to the guardianship of the jurist in order to answer the opinions of rivals and clarifying the issue. Shia jurisprudence through its challenging history, has been able to solve jurisprudence problems due to precious of ijtihad driver from Ahl al-Bayt thoughts and is developing. Doubtlessly in recent era there has been plenty of outstanding religious scientist, but there has been a limited number among there who have a school Imam Khomeini is one of them. The author of this essay is, referring to the legal statement holiness. to this article wants to review and study the standards for determining state orders from non-state orders. And explain it by the use of analytical descriptive method of the Holy Quran, reference jurisprudence and principle jurisprudence, and etc books. Manuscript profile
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  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
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  3 - 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
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  4 - Feasibility of apostate punishment in Iranian criminal law With an emphasis on narrative and doctrinal teachings
  ahmad ramezani
  20.1001.1.98991735.1400.10.39.5.1
  By approving Article 220 of the Islamic Penal Code, the legislator explicitly stated that in his view, there are other hududs than the hududs mentioned in the law, which must be referred to Article 167 of the Constitution in order to determine their punishment, and trie More

  By approving Article 220 of the Islamic Penal Code, the legislator explicitly stated that in his view, there are other hududs than the hududs mentioned in the law, which must be referred to Article 167 of the Constitution in order to determine their punishment, and tried to convert the principle of the legality of crimes and punishments into the religious principle of crimes and punishments. According to Article 225 of the proposed bill, it can be understood that the purpose of the hududs not mentioned in the law is apostasy. There is some disagreement in hudud or discretionary punishment, and there is evidence on its discretionary punishment that, by reinforcing discretionary punishment theory of apostasy, it cannot be resorted to Article 220 of the Islamic Penal Code upon to punish it. according to Article 18 of the Islamic Penal Code and the three-fold emphasis on the word law in this article, it should be said that in discretionary punishment, the principle is on the legality of offenses and punishments, since apostasy has not been criminalized in Iranian criminal law, there is a serious problem with the possibility of punishing the apostate according to the strengthening of the discretionary punishment theory Manuscript profile
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  5 - Investigating the possibility of delegating legislation to human beings in the Islamic government; Looking at the constitutional events
  Sayed ebrahim hosseni Mohammad javad shafaghi
  20.1001.1.98991735.1400.11.44.4.3
  According to the Islamic view, the principle is based on the absence of individual guardianship over another, and the right of sovereignty belongs only to God, the Owner of the universe and the world above. And which principles legitimize it. This article uses a descrip More

  According to the Islamic view, the principle is based on the absence of individual guardianship over another, and the right of sovereignty belongs only to God, the Owner of the universe and the world above. And which principles legitimize it. This article uses a descriptive-analytical method and relies on library documents to explore the possibility of human legislation as an authority delegated by God. The elected hypothesis, in contrast to the rival hypothesis, which does not recognize such a right in principle and holds members of parliament solely responsible for planning matters, agreed with the view that, given the constitutional process and other theories, legislative authority It has been delegated to individuals in some areas, provided, of course, that they comply with or at least do not contradict Islamic norms. Manuscript profile
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  6 - Protecting human dignity and respecting the rights of non-Muslims in Imami jurisprudence and subject law
  Toraj  Hematti Farsani Alireza  Salimi ALIREZA HOSSINI Mohammad Hossein  Nazemi Ashani
  20.1001.1.98991735.1400.12.45.9.3
  The religion of Islam has not only dealt with matters concerning Muslims, but also, in an overview, has drawn up rules for non-Muslims and respect for their rights; In the Islamic approach, non-Muslims are either considered as dhimmis, covenants, and trustees who, altho More

  The religion of Islam has not only dealt with matters concerning Muslims, but also, in an overview, has drawn up rules for non-Muslims and respect for their rights; In the Islamic approach, non-Muslims are either considered as dhimmis, covenants, and trustees who, although present as a minority in the Muslim community, are supported, or who are among the non-Muslims who are in conflict with Muslims. There are those who are known as military infidels and therefore are not respected by Islam. A look at the sources of Imami jurisprudence shows that the breadth, property and honor of non-Muslims who are under the protection of the Islamic community are considered inviolable; Thus, Muslims have no right to attack them; Because in this case they will be reprimanded. The Constitution of the Islamic Republic of Iran, by recognizing the religious, Christian and Zoroastrian individuals as religious minorities, has also recognized their rights. In the Islamic Penal Code in 1392, the legislature, by establishing jurisprudential standards in some areas, including adultery with a Muslim, sodomy, tafkhiz, considered the death sentence as an aggravation of punishment for non-Muslims and in drinking alcohol, as a factor A discount was given to non-Muslims only if they pretended to have a limit. Regarding diyat, the equality of diyat of non-Muslim and non-Muslim minorities was maintained, taking into account the opinion of the leadership. Apart from usury, no distinction was made between Muslims and non-Muslims regarding punishments. However, in the field of retribution, a new approach to expanding the scope of the safe has been pursued, which indicates a step towards greater support for non-military infidels, even those who are not among the minorities recognized in the constitution. Manuscript profile
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  7 - Ruling Divorce: Quranic Principles and Reasons
  Seyyed MohammadKazem  Hoseini Faezeh  Moghtadaee
  20.1001.1.98991735.1402.13.50.5.0
  Women's Rights and the Issue of Women's Rights in Divorce in the commentaries on verses 228 to 241 of Surah Al-Baqarah, there are common concepts and interpretations between Shiite and Sunni jurists. The two well-known concepts of abstinence in the interpretations of th More

  Women's Rights and the Issue of Women's Rights in Divorce in the commentaries on verses 228 to 241 of Surah Al-Baqarah, there are common concepts and interpretations between Shiite and Sunni jurists. The two well-known concepts of abstinence in the interpretations of the differences refer to the divorce of the Shari'a and the right of a woman to divorce in times of hardship. The famous word is used 38 times in the Holy Quran, 15 of which are related to family and marriage. In verses 228 to 241 of Surah Al-Baqarah, the famous word is repeated 12 times and emphasizes the importance of rulings such as' iddah, divorce, breastfeeding, etc., so that it does not exceed the shari'ah limits and is treated according to the famous (confirmation of sharia and custom). The legal provisions of the Civil Code of the Islamic Republic of Iran are also taken from the verses related to divorce and include the well-known principles in women's rights and divorce and allow the rulers to issue a divorce decree if the conditions for this type of divorce are approved. Manuscript profile