List of articles (by subject) Governmental jurisprudence
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Open Access Article
1 - The Concept of Iitlaq in the Fiq'hi (Islamic Jurisprudential) Term of Velâyat-e Faqih
Seyyed Javad VaraeiVelayat-e motlagh-e which means "absolute guardianship" is a term used in different sciences. In this paper, the application of this term in Fiqh "Islamic jurisprudence" has been discussed. The paper hypothesizes that the assignment of iitlaq for Velayat "guardianship" MoreVelayat-e motlagh-e which means "absolute guardianship" is a term used in different sciences. In this paper, the application of this term in Fiqh "Islamic jurisprudence" has been discussed. The paper hypothesizes that the assignment of iitlaq for Velayat "guardianship" does not have the same meaning in Fiq'hi "Islamic jurisprudential" terms. An overview shows that this word is used differently according to the topic under discussion. At least six meanings and concepts of this word can be seen in the phrases of fuqahā (Islamic jurists), which is a sign of the relative nature of its meaning and concept. The Velayat that "it is not bound by expediency", "in addition to the public sphere, it also includes the private sphere", "beyond the scope of the necessary affairs of the society, it contains all public affairs", "in addition to the implementation of Sharia rulings, tries to enact laws in the realm of Sharia principles", "in addition to the implementation of rulings, establishes laws in the realm of Sharia Mubah "permitted" and obligations" and "Velayat over the property of the Imam (AS)" is referred to as Velayat-e motlagh-e (absolute guardianship). This variety of usage shows that the assignment of iitlaq in the term Velayat-e motlagh-e does not have the same meaning and concept and it has a different meaning depending on the topic under discussion and in dispute. The purpose of this research paper is to show relativity in the idea of iitlaq in the Islamic jurisprudential term of Velayat-e motlagh-e. The research method will be descriptive-analytical based on reliable Fiq'hi "based on Islamic jurisprudential method" sources. Manuscript profile -
Open Access Article
2 - Feasibility study of criminalization of some examples of vandalism in using some jurisprudential capacities of the Constitution and the Islamic Penal Code of 1392
Dr. Seyed Mohammad Reza Mousavi FardDestructionism or vandalism means the uncontrolled destruction of valuable cultural objects and artifacts or public property, which is considered a social anomaly. With the current approaches of criminal law in Iran, this social anomaly has not been criminalized in all MoreDestructionism or vandalism means the uncontrolled destruction of valuable cultural objects and artifacts or public property, which is considered a social anomaly. With the current approaches of criminal law in Iran, this social anomaly has not been criminalized in all its cases. In this article, we seek to answer the question that vandalism can be criminalized based on the criminal jurisprudential capacities in the Constitution and the Islamic Penal Code. Descriptive-analytical method should be specified; According to Articles 677 and 588 of the Penal Code of the Islamic Penal Code 92, the perpetrators can not be considered a criminal offense. The principle of necessity of observing individual rights in criminal law in jurisprudential criminalizations, the principle of necessity of public order and maintenance of public property treasury, resolving conflicts of jurisprudential criminalization with the principle of legality of crime based on rational and legal approaches based on jurisprudential and legal capacities for crime Some jurisprudential instances of jurisprudence have taken steps. Manuscript profile -
Open Access Article
3 - The relationship between heresy and religious and jurisprudential modernism
ali honarmand seyyed abolqasem naqibi Seyed Mohammad Sadegh mousaviHeresy means introducing what is not from religion into the realm of religion, it is considered undesirable and forbidden. On the other hand, because people have intellect, authority, creativity, to improve the quality of life, always have better ideas, tools and method MoreHeresy means introducing what is not from religion into the realm of religion, it is considered undesirable and forbidden. On the other hand, because people have intellect, authority, creativity, to improve the quality of life, always have better ideas, tools and methods to meet the needs. They enter social and economic life, and as a result, the requirements of the social and living environment change in each age and time, and the ideas, customs and traditions of the believers and the lifestyle of the believers are also affected by these changes. It penetrates into religious traditions and mixes religious traditions with heresies. Hence, in the history of Islam, Muslims have been faced with the requirements of the age and time with caution and sensitivity.For example, some Kharijites were of the opinion that one should adhere to the religiosity of the prophetic age, and any difference with that religiosity is considered heresy. Also, some Salafis considered the beliefs and traditions of the first three centuries as religious beliefs and traditions and fought against any new thing. Truth gives originality to new ideas and insights by linking new religious knowledge with religious teachings and teachings, so religious and jurisprudential modern thinking and its results can not be considered heresy.In this article, by gathering information with library tools and using descriptive and analytical research methods, the boundaries of heresy from religious and jurisprudential modernism have been obtained, and only those categories of heresies that contradict the indisputable religious teachings of the Islamic Ummah are heresies. It is counted. Manuscript profile -
Open Access Article
4 - Social aspects in juridical school of Hillah
mahboobe hosseini ozra entekhabian mohsen razmiHow are the social aspects of a school depicted at a historical juncture, and what role can jurists play in these aspects? In order to reach the answer to this question, in the model of juridical school of Hillah, with a descriptive-analytical approach, it examines hist MoreHow are the social aspects of a school depicted at a historical juncture, and what role can jurists play in these aspects? In order to reach the answer to this question, in the model of juridical school of Hillah, with a descriptive-analytical approach, it examines historical reports and jurisprudential and principled propositions. This essay first depicts the social phenomena that stood in front of the jurists of the Hillah school; Phenomena such as the Mongol War, popular uprisings against the Mongols, saviorism, tribalism, the multiplicity of religions and sects, the political and economic geographical location of Hillah, and the background of the social status of the Hillah jurists. Then he observes the scientific and practical works and activities of the jurists of Hillah in the social aspects with regard to this space. The result of this observation is the inference of the four aspects of "spirituality", "education", "reasoning rationalism" and "social interaction" and their types and varieties. In the final analysis, it is stated that the jurists, according to the principles of Sharia and doctrinal principles, succeeded in reforming and social guidance in a way that was more principled and broader than many rival governmental and social achievements. This success brought with it another double and reciprocal success, and that is the dynamism and development of the branches of jurisprudence, the principles of jurisprudence and the theological(kalam) foundations of Shia jurisprudence. Manuscript profile -
Open Access Article
5 - Vali-e-Faqih and the Legislative Criminal Policy of the Islamic Republic of Iran
amin allah zamaniThe institution of Velayat-e-Faqih, as one of the manifestations of Islam, has a strategic and decisive role in the criminal policy network of the Islamic Republic of Iran and its orientation. In the theory of political discourse of the Islamic Republic of Iran, the Sup MoreThe institution of Velayat-e-Faqih, as one of the manifestations of Islam, has a strategic and decisive role in the criminal policy network of the Islamic Republic of Iran and its orientation. In the theory of political discourse of the Islamic Republic of Iran, the Supreme Leader is the ruler of the Islamic society, whose powers and guardianship are present at all levels of legislative, judicial, executive and participatory criminal policy. Legislative criminal policy oversees the enactment and oversight of the country's criminal laws and regulations. Vali-e-Faqih, based on the powers arising from the religious arguments of the province as well as the Constitution of the Islamic Republic of Iran, has the power to make policy and criminal legislation directly and indirectly. Implementing direct policy and legislation of the authorityThe institution of Velayat-e-Faqih, as one of the manifestations of Islam, has a strategic and decisive role in the criminal policy network of the Islamic Republic of Iran and its orientation. In the theory of political discourse of the Islamic Republic of Iran, the Supreme Leader is the ruler of the Islamic society, whose powers and guardianship are present at all levels of legislative, judicial, executive and participatory criminal policy. Legislative criminal policy oversees the enactment and oversight of the country's criminal laws and regulations. Vali-e-Faqih, based on the powers arising from the religious arguments of the province as well as the Constitution of the Islamic Republic of Iran, has the power to make policy and criminal legislation directly and indirectly. Manuscript profile -
Open Access Article
6 - The role of the prohibition of detriment rule in preventing conflicts of interest in implementaion of environmental protection laws
hossein shahbeik Mohammad Javad Heidari Mohammad nazari ferdoseihAccording to most of environmental experts, the main reason for the Enviromental crisis is due to some legal defects that cause conflicts of interest in implementation of environmental laws and regulations. Meanwhile, in the light of the provisions of Article 2 of the L MoreAccording to most of environmental experts, the main reason for the Enviromental crisis is due to some legal defects that cause conflicts of interest in implementation of environmental laws and regulations. Meanwhile, in the light of the provisions of Article 2 of the Law on Environmental Protection, some governmental agencies which are in charge of the environmental protection are one of the main parties to this conflict. The solution to this problem can be reached through reviewing the provisions of Article 2 which has delegated the legal structure and status of the most important custodian of environment, The High Council of Environmental Protection, to an Intra-Departmental and Inter-Ministerial Administrative Council. In this context, some governmental agencies have preferred the interests of the ministry over the environmental interests of the country, whose decisions and approvals in the field of environment are drawn within the framework of the government's short-term economic interests, and in practice, environmental laws and regulations are overshadowed by these interests. Based on the rule of Prohibition of Detriment the position of this council should be upgraded from the Administrative Council within the branch to an inter-force (between Executive, Legislative, and Judiciary Forces) and governing council. This can be an effective step in resolving conflicts of interest and in implementing environmental laws and regulations. Manuscript profile -
Open Access Article
7 - Capacities of Al-Faragh theory and its application in law and legislation
farzaneh salemrahbar saydmohamadreza ayati Kazem Rahman Setayeshیکی از مهم ترین نقشها و کاربردهای نظریه منطقه الفراغ کاربرد آن در تدوین و تشریع قوانین است. مقصود از منطقه الفراغ منطقه ای است در شریعت که خالی از حکم الزامی ثابت است. بر طبق این نظریه حاکم اسلامی در منطقه ای که خالی از احکام الزامی ثابت است به تشریع قوانین می پردازد. ا Moreیکی از مهم ترین نقشها و کاربردهای نظریه منطقه الفراغ کاربرد آن در تدوین و تشریع قوانین است. مقصود از منطقه الفراغ منطقه ای است در شریعت که خالی از حکم الزامی ثابت است. بر طبق این نظریه حاکم اسلامی در منطقه ای که خالی از احکام الزامی ثابت است به تشریع قوانین می پردازد. این تحقیق با روش توصیفی تحلیلی به واکاوی ظرفیت و کاربست نظریه منطقه الفراغ در تدوین و تشریع قوانین می پردازد. طبق نظر اهل تسنن مصلحت به عنوان منبعی برای تشریع احکام و قوانین است. در حالی که طبق نظر عالمان شیعه مصلحت موضوعی برای تغییر احکام است و در منطقه فارغ از حکم با لحاظ مصلحت می توان به تدوین قوانین پرداخت. با استقرائی که در مبانی حقوق معاملات در تجارت و معاملات ساده و قراردادهای نوین حقوق اداری صورت گرفت، منطقه فراغ قراردادهای تجاری، نفع تجارت و نه تجار، منطقه فراغ معاملات ساده، عدالت محوری و نفع طرفین، منطقه فراغ قراردادهای حقوق اداری، نفع عمومی در جایی که تصدیگری دولت در نهاد معامله کننده وجود دارد و ذکر مصلحت در خصوص قرارداد نهادی که حاکمیت دولت است، معرفی شده و مجموعا به عنوان دستاورد نوآورانه این پژوهش معرفی می گردد. Manuscript profile