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Open Access Article
1 - Genealogy and the Strategies of the Innovation Discourse in Islamic Law
Hossein jalaliThe effects of widespread social changes in private and social lives of human beings made it more and more necessary to reform the laws in accordance with these changes. These reforms are presented in the form of innovation discourse in Islamic law. Accordingly, the pre MoreThe effects of widespread social changes in private and social lives of human beings made it more and more necessary to reform the laws in accordance with these changes. These reforms are presented in the form of innovation discourse in Islamic law. Accordingly, the present research was carried out for genealogy and to present the strategies of the innovation discourse in Islamic law by Laclau and Mouffe's discourse theory. The research results showed that the innovation discourse in Islamic law dismisses some signifiers of both philosophical and theological discourses and legal discourse in modernity, breaks down their structure, and uses some of their signifiers in a new structure. The signifiers of this discourse, simultaneous attention to the changing and fixed areas of law, promotion of attraction and effectiveness of law, the requirements of national and international society, the priority of subject scholarship to discovering the sentence, innovation while preserving the bases of Islamic law, and considering rational, consensual, and traditional sources are pivotal factors alongside text. A search in genealogy of different Islamic sciences including speech, principles, and the philosophy of jurisprudence proves them to be some abundant capital which in turn shows the necessity of paying attention to time and place conditions and legal innovations. Genealogical stages, understanding the environment with respect to the economy of power, passing through obstacles and challenges, paying attention to innovation sources, preparation, putting sources together, developing an efficient law, performance, the feedback of ... Manuscript profile -
Open Access Article
2 - Divorce and its Conditions of Validity in Qur'an and Civil Law
Ezzatollah Barkhordari"Divorce" is a formal unilateral and is valid only in a permanent marriage and does not apply in a sporadic marriage. Divorce is of signed decrees and not a founding one. Divorce is a right reserved for men, and the sharia and civil law do not recognize such a right for More"Divorce" is a formal unilateral and is valid only in a permanent marriage and does not apply in a sporadic marriage. Divorce is of signed decrees and not a founding one. Divorce is a right reserved for men, and the sharia and civil law do not recognize such a right for women for no reason. it is a non-financial right and cannot be transferred or revoked. Islam religion has approved divorce and several Verses in Qur'an in Baqara, Nesaa’, Ahzab, Tahrim Surahs have been dedicated to it. The Civil Code also provides articles for divorce. Divorce has four basic elements: the divorcee, the divorced woman, the form of divorce, and witnessing the form of divorce. All (mentioned) elements must be present and each must have its own conditions for a divorce to be valid, otherwise the divorce will not take place and will be void. Manuscript profile -
Open Access Article
3 - Juridical and Juratory Study of Security and Corrective Measures with Emphasis on Islamic Punishment Law, 1392 (2013)
samane bagan احمد مرادخانیAbstract Paying attention to the security and corrective measures, in today's criminal laws, is of high importance. In fact, security and corrective measures are of the successful reactions against crime that stand beside punishment as one of the main reactions against MoreAbstract Paying attention to the security and corrective measures, in today's criminal laws, is of high importance. In fact, security and corrective measures are of the successful reactions against crime that stand beside punishment as one of the main reactions against crimes. In the Islamic law, also, the issue of social defense and social security against the criminal is not ignored, and it has a solid and academic background in early Islam. The aim of the security and corrective measures, to correct and rehabilitate the offender and to prevent the recidivating of the offender, has always been emphasized by the law. In the Islamic punishment law of 1392 (2013), by recognizing some new cases of security and corrective measures, more and more attention has been paid to this important issue. Manuscript profile -
Open Access Article
4 - بررسی اعتبار و کارایی قاعده ی ملازمه در فقه و حقوق
هدایت الله حسین زاده هرمز اسدی کوهباد سید حسن حسینی گودرز شاطری -
Open Access Article
5 - Iran and the US relation on the verge of Islamic Revolution
fariba pat zahra alhoei nazariThe study of Iran and the US relation showe that interventionist presence of the US in Iran started with 28thMordad coup with full support for Pahlavi II. Iran turned to an important country in the middle east to protect the US interest in the region. Iran was considere MoreThe study of Iran and the US relation showe that interventionist presence of the US in Iran started with 28thMordad coup with full support for Pahlavi II. Iran turned to an important country in the middle east to protect the US interest in the region. Iran was considered one of the best allies by the US presidents. Iran was assigned the role of the Police in the region. With democratic President, Carter, taking power, there were serious doubt to support Shah in Iran. This weakened Shah's position and finally leading to his fall. Manuscript profile -
Open Access Article
6 - Civil liability in competition law and intellectual property law in Islamic law and the European Union
yahya mirzamohammadi fard garakhanlou naser masuodi مصطفی نوراللهیDue to the many formal and substantive differences in competition law and its consequent impact on intellectual property, it has been very difficult to achieve international coordination in this area. In today's civil liability systems, pure and proxy responsibilities a MoreDue to the many formal and substantive differences in competition law and its consequent impact on intellectual property, it has been very difficult to achieve international coordination in this area. In today's civil liability systems, pure and proxy responsibilities are increasing day by day, while such a responsibility does not have much deterrent effect, because in pure liability, a person who is cautious may still be held responsible, and in proxy liability, such as The fault is committed by another person, the person in charge, no matter how careful, can not prevent the damage. Personal responsibility is also based on objective guilt in many cases, they can not help prevention. The Civil Liability Law in 1339, by inserting Article 8, declared any damage to the dignity and credibility of individuals to be claimable. In 1983, the Law on Penalties for Conspiracy and Fraud in Business and Commerce allocated Articles 120 to 125 to this issue. With the approval of the section on punishments and deterrents to the Islamic Penal Code in 1375, only Articles 529 and 530 have been mentioned regarding forgery. EU law also provides for civil liability in competition law and intellectual property rights, and provides for remedial action for damages resulting from errors and omissions. This article seeks to examine the issue of civil liability in competition law and intellectual property law in Islamic law and the European Union in a descriptive-analytical manner. Manuscript profile -
Open Access Article
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vadood barzi Ali gharibe esmaeil saghiri naser masuodi -
Open Access Article
8 - حق بر آزادی کار و منع بیگاری در نظام بینالمللی کار و حقوق اسلام
علی بیگی دکتر ابوالفضل رنجبری دکتر محمد محمدزاده اصل دکتر جمال بیگی -
Open Access Article
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seyed hamed avazpour rahim sayah Seyed Hesamodin Hosseini farajolah barati -
Open Access Article
10 - Evaluating "Taadol Tarafoei (Tanazor)" in Judicial Proceedings and International Commercial Arbitration
Hassan Gholipour Mehdi Ahamadi محمدحسن جعفریThe Principle of "Taadol Tarafoei" which is also referred as "Tanazaor Principle" is one of the principles of fair trial. This is as the primary principle in all judicial systems in the world. This means that there should be fair deal between parties. Hence, violating t MoreThe Principle of "Taadol Tarafoei" which is also referred as "Tanazaor Principle" is one of the principles of fair trial. This is as the primary principle in all judicial systems in the world. This means that there should be fair deal between parties. Hence, violating this principle causes injustice in trial. This principle which is the base of justice is indicated in international documents such as European Convention of Human Rights. However, in none of Iranian laws we don’t see it as the principle for establishing justice in judicial trial. The present article tries to study the base and nature of this principle in Islamic law and international documents. Manuscript profile -
Open Access Article
11 - Comparative Study of Correctness and Void Constructive Condition in Iran's law and Islam's law
mohsen vaseghiThe issue of condition and related discussion is one of the problems that has a high importance in Imamiyeh and public jurisprudence and hence it has special place in civil law. The primary condition and supplemental and constructive due to the time of conditioning is MoreThe issue of condition and related discussion is one of the problems that has a high importance in Imamiyeh and public jurisprudence and hence it has special place in civil law. The primary condition and supplemental and constructive due to the time of conditioning is divided into condition(concluded antecedent agreement) and stipulation. The constructive condition is the condition before the contract which is agreed upon and the contract is based on it. There is no unanimity between precedent jurisprudents about correctness or void of constructive condition. Well-known jurisprudents believe that condition should be interim contract and coincide with it so that it could be recognized necessitation so it void. Some jurisprudents opinion the correctness of constructive condition and some believe in its void and provided some details but subsequent jurisprudents believe constructive condition is valid. Lawyers in Iran believe that the constructive condition is valid. and legislator follow the effect of minority jurisprudents opposed to the current procedure and in1113 and 1128 of civil code of the constructive condition is considered a valid and binding and with the help of articles 410, 413, 354 civil code is justifiable . Manuscript profile -
Open Access Article
12 - The Impact of Islamic Law Criteria on Determination of Nationality in the Commercial Companies
alireza jafariyan Asghar Arabian Rabia EskiniCompany as a kind of legal persons contains lawful privileges of persons in law. Nationality is an important description and has notable impact in this ground. In spite of the different opinions for this subject certainly, companies have to have nationality of one count MoreCompany as a kind of legal persons contains lawful privileges of persons in law. Nationality is an important description and has notable impact in this ground. In spite of the different opinions for this subject certainly, companies have to have nationality of one country. In International or national law, the nationality of the companies will be determined on the basis of some acceptable rules such as Ezterar and Nafye Sabil. Hence in this paper the authors explain the conditions of these rules and the determination of nationality in the commercial companies completely. Manuscript profile -
Open Access Article
13 - Jurisprudential and legal review of the additional condition as a review, especially in contracts
Amir Barani Amir KHajehzadeh Efat AhmadzadehThe contractors may sometimes want to change some provisions of the former contract according to the requirements of the new conditions; In fact, they intend to revise the previous marriage. In such cases, the contracting parties tend to add these issues, which are part MoreThe contractors may sometimes want to change some provisions of the former contract according to the requirements of the new conditions; In fact, they intend to revise the previous marriage. In such cases, the contracting parties tend to add these issues, which are part of the former contract and related to it, by means of a condition to be considered part of the former agreements. Ashhar's opinion in jurisprudence is that in order to adopt the basis for initial obligations, the additional condition is invalid. But in the legal system, due to the fact that the constituent element of the contract is the intersection of the will and the common intention of the parties, the additional terms are valid. This research, which was carried out in a descriptive-analytical method, shows that by analyzing what happens in the condition during the contract in the Islamic legal system and based on the customary understanding of the condition, it is possible to interpret the word condition as a related obligation; Therefore, what causes the establishment of a conditional relationship is the content relationship between two obligations, whether the condition occurs before the contract, during the contract, or after it. There are many examples of this type of conditions, which are sometimes confirmed by the text of the law and sometimes by judicial practice, which all indicate the validity of additional conditions. Manuscript profile -
Open Access Article
14 - Place and Guarantees of the Principle of Innocence in Islamic and Public Law with Emphasis on the Judgment of the Administrative Justice Court
mojtaba hemmati mehdi zeynalzadeh Amir SarmastiIn Islamic law, in cases of doubt in the presence of the duty and failure to provide evidence of the conduct of the duty, the principle should be based on the absence of the duty and thus not imposing a responsibility on individuals. In the legal term, this principle is MoreIn Islamic law, in cases of doubt in the presence of the duty and failure to provide evidence of the conduct of the duty, the principle should be based on the absence of the duty and thus not imposing a responsibility on individuals. In the legal term, this principle is based on the requirements of judicial justice and supports the freedom and dignity of individuals. The extent of the principle of innocence is very wide and inclusive than Islamic law but the commonality of this principle in both areas is alesalat ol adam. This article, using a descriptive-analytical method and using library sources, seeks to answer this question: What is place and guarantees of the principle of innocence in Islamic and public law and in the judgments of Administrative Justice Court? Conclusion of this article is that the principle of innocence and its guarantees, as referred to in criminal law, in the field of public law has not been cited by the administrative proceedings authorities and a number of branches of the Administrative Justice Court, in judicial controlling of quasi-criminal administrative bodies, have referred to the guarantees of the principle of innocence and have considered them as one of the principles of fair administrative hearing. According to this principle, one cannot be held accountable or be restricted his freedom without giving any reason; An approach that if pursued extensively and severely by all branches of the administrative Justice Court can improve the performance of administrative authorities and quasi-criminal administrative bodies. Manuscript profile -
Open Access Article
15 - Evaluation of Genetically Modified Organisms in Terms of Islamic Law
Amirreza Mahmoudi Abbas Taghvaee Mohaddeseh Ghavamipour SereshkehGenetically Modified Organisms (GMOs), which emerged to meet the increasing world population and the food need arising in this direction, bring the structural properties of foods to the desired level by interfering with the genes of the foods by using the developing tec MoreGenetically Modified Organisms (GMOs), which emerged to meet the increasing world population and the food need arising in this direction, bring the structural properties of foods to the desired level by interfering with the genes of the foods by using the developing technological opportunities and thus to get more efficiency from a small area in a short time is important in terms of the food production philosophy of the future. Although there is not enough experimental evidence about the possible benefits and harms of interfering with the genes of foods and animals using gene technology, necessary precautions should be taken to minimize the possible effects and risks on the environment and future generations. The haram or halal status of GMOs, which has started to take place in the food sector, has also been seriously discussed in terms of Islamic law. Issues for which there is no clear provision are tried to be decided within the framework of benefit-harm balance and the framework of the general principles of fiqh. To determine the verdict of Genetically Modified Foods, its effects on health, environment, the economy, and politics should also be taken into account. Manuscript profile -
Open Access Article
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seyed ali mirebrahimi -
Open Access Article
17 - حفاظت از طبیعت در قبال ریز گردها در دیدگاههای حقوق اسلام و غرب
یوسف محمدحسینی حاجیور جمشید میرزایی سید ابراهیم موسوی -
Open Access Article
18 - Jurisprudential rules from the perspective of Islamic religions (as a source for deriving rulings)
ahmad hamidi hosen rajabi Mohamad taghi AlaviOne of the most important duties of a scholar of religion and a jurist is to discuss and analyze the general rules of jurisprudence, which are used in many minor issues and deriving rulings. These rules are a way to solve many problems and in the case of specific issues MoreOne of the most important duties of a scholar of religion and a jurist is to discuss and analyze the general rules of jurisprudence, which are used in many minor issues and deriving rulings. These rules are a way to solve many problems and in the case of specific issues where a specific text is not included, the jurist uses it to give fatwas and if he does not have a complete understanding of these rules, he will have problems answering the issues. This article examines the jurisprudence rules proposed in the Imamiyyah and the four Sunni sects and the evidence to prove them. For this purpose, the important jurisprudential rules in the Imamiyyah, such as the rule of harm, the rule of yad, etc., and the evidence to prove it from the book, tradition, reason, and consensus, are mentioned, and then these rules are explained from the perspective of the four schools of thought, namely, Maliki, Hanafi, Hanbali, and Shafi'i. And due to the fact that it is not possible to mention all the jurisprudence rules raised in Islamic schools of thought in this article, the most important jurisprudence rules among Shia and Sunni jurists were compiled by examining and collecting information from various Shia and Sunni sources and then common examples. Their contents have been reviewed in civil rights and the constitution. Imamiyyah jurisprudence and Sunni jurisprudence are similar in many parts, and examples of them are clearly visible in the principles related to the constitution and civil rights. Manuscript profile
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