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Open Access Article
1 - The role of general international law in the field of globalization
hossein shahraki عسگر جلالیانThe globalization process of public international law is said to be a set of processes by which countries become increasingly connected and dependent. In the era of globalization, which is the era of transcending national territories and entering the global context, plu MoreThe globalization process of public international law is said to be a set of processes by which countries become increasingly connected and dependent. In the era of globalization, which is the era of transcending national territories and entering the global context, pluralism increases and governments get out of their limited form and find a global territory. The importance of globalization is due to the fact that in the present era, the nature of power has changed and besides governments, international civil organizations, international non-governmental organizations, international interstate organizations, informal multilateral organizations, parties, media,Ethnic groups, syndicates, multinational companies, individuals and international public opinion have also played a role, which has caused the international system to become polygonal; Therefore, due to the erosion of the sovereignty of the states along with the fading of the borders, we are witnessing a change in the activity and function of the states in the space of interaction and competition with transnational and subnational actors, and due to the assimilation and homogenization of rules, concepts and certain legal institutions at the domestic and international levels. It becomes international.syndicates, multinational companies, individuals and international public opinion have also played a role, which has caused the international system to become polygonal; Therefore, due to the Manuscript profile -
Open Access Article
2 - The legal status of children out of wedlock in Iranian law and Imami jurisprudence
esmat savadi mahboub ghorbaniChildren born out of the marital relationship , are those who are considered legitimate or illegitimate children as per the regulations and/or in case of absence of the provisions of law, according to the decree of the religious authorities. In case the children are dee MoreChildren born out of the marital relationship , are those who are considered legitimate or illegitimate children as per the regulations and/or in case of absence of the provisions of law, according to the decree of the religious authorities. In case the children are deemed legitimate, like the children born after mistaken intercourse, they shall enjoy the rights appertaining to the legal and legitimate children. But in case they are deemed illegitimate children, like those who are born through adultery, their lineage shall be considered unlawful and illegitimate according to the legal view. Following the Emamieh jurisprudence, as mentioned in article 1167 of the Civil Code of the Islamic Republic of Iran, a child born through adultery shall not belong to the adulterer. This concept means that the law overlooks the natural descent of the illegitimate child, as well as the legal effects of the relationship such as guardianship, custody, maintenance, and legacy. So the rights and duties laid down in the law for the children shall only include the legitimate children. Now this fundamental question arises that where the illegitimate children stand in our legal system and who is responsible for their financial and non-financial rights? This thesis investigates the children born out of the marital relationship as well as their rights and it aims at proposing appropriate suggestions in concert with the equality of the rights of the children in question with those born in a marital relationship. Key Words: Legal Status, Children born through adultery, Left infant, Children born after mistaken intercourse, Children born after artificial insemination, Law of Islamic Republic of Iran, Emamieh Jurisprudence Manuscript profile -
Open Access Article
3 - Interpreting the words of the law towards justice
mohammad khakbazFrom one point of view¸ sciences are divided in to two categories : 1- sciences that are sacred in themselves and brung man to perfection like the Quran¸ Ethics and Etc 2- sciences that arent sacred in themselves but it is valuable if it serves humanity. law and medicin MoreFrom one point of view¸ sciences are divided in to two categories : 1- sciences that are sacred in themselves and brung man to perfection like the Quran¸ Ethics and Etc 2- sciences that arent sacred in themselves but it is valuable if it serves humanity. law and medicine are in the second category.The art of the lawyer is that interpret and execute the words and materials of the law in such a way that justice be done not that the implementation of the law itself will destroy justice . During the rule of no harm, the Prophet of Islam (PBUH) interpreted and performed the hadith of domination in such a way that any misuse of the words of this hadith was denied by Samra Ibn Jundab And made it clear to law students that they were not confined to the terms of the law. The interpretation of the law towards justice has always been emphasized by the elders of law, provided that it must be within the framework of correct legal principles. The author of the article has done a lot of research on this view for many years. In the books of practical treatise on penalty clause, the three-volume course of commutative justice and the rule of balance and other writings Details, conditions and effects of the theory according to which Instead of paying attention to and enforcing the law, pay more attention to the spirit and purpose of law and justice And along with that, we have brought jurisprudential, legal and judicial documents. Manuscript profile -
Open Access Article
4 - Environmental Challenges of Waste in International Law
زینب پورخاقان شاهرضایی Zahra sadat HosseiniToday, environmental risks caused by the mismanagement of waste are recognized as a fundamental issue worldwide. With the rapid advancement of technology, waste and its management have emerged as crucial topics in the field of international environmental laws. These law MoreToday, environmental risks caused by the mismanagement of waste are recognized as a fundamental issue worldwide. With the rapid advancement of technology, waste and its management have emerged as crucial topics in the field of international environmental laws. These laws go beyond the protection of nature and the environment; rather, they constitute a comprehensive framework of norms, institutions, and methods specifically crafted for waste management, taking into account diverse global dimensions. This study uses an analytical-descriptive method to explore the environmental challenges associated with waste in international law. The research methodology is library-based, relying on the review of existing studies, international laws, and regulations about waste. The research findings emphasize that pollution resulting from waste is a primary global concern, leading to the approval of numerous international documents addressing environmental challenges posed by waste at both domestic and international levels. These documents establish environmental responsibilities for governments. Additionally, the advancement of technology and increase in the production of electronic wastes have introduced new challenges in environmental protection for countries, with recycling standing out as a crucial factor in waste management. The issue of waste is not limited to the internal laws and policies of individual countries; it necessitates global cooperation. It is recommended that relevant organizations take proactive measures to establish a unified procedure in waste management, backed by robust executive guarantees. Manuscript profile -
Open Access Article
5 - Justification of aviation sanctions in the light of general international law and international air law (Concepts, basics, classification and legitimacy)
Mehdi AliyariAviation sanctions are among the most widely used and oldest international sanctions. Despite the wide variety and scope of these sanctions compared to other common types of sanctions in the aviation field, these sanctions are considered to be the most effective type of MoreAviation sanctions are among the most widely used and oldest international sanctions. Despite the wide variety and scope of these sanctions compared to other common types of sanctions in the aviation field, these sanctions are considered to be the most effective type of sanctions on the aimed country, which in some cases have led to the isolation and paralysis of aviation in those countries. However, from the law point of view, it has received less attention from scholars than travel sanctions. The purpose of this article is to describe and explain by analytical-descriptive methods aviation sanctions in two fields of Public International Law and International Air Law in order to explain the legal content and nature and the conditions of their legitimacy. But before that, the author tries to define and explain the aviation sanctions based on the procedure of the United Nations, as well as international political actors, including the United States and the European Union, and the rules of International Law. These kinds of sanctions are that adopted collectively by the United Nations or other the International Organization and unilaterally by governments. The final conclusion of the article indicates the incompatibility of unilateral sanctions in the field of aviation with the provisions of the 1944 Chicago Convention, which has the status of the constitution in the international aviation community because it leads to the violation of this international instruments, which in turn is perceived "abuse of civil aviation" according to Article (4) of the mentioned Convention. Manuscript profile -
Open Access Article
6 - The future in the development of the organization with the interpretation of Ali (AS)
mehdi Akbarnejad Monavar Fatahi razyeh fattahiFuturism is one of the most important principles of strategic management and is one of the most important tasks of managers . Top executives of the organization are relying on this principle, Investigate the various aspects of the future and identify and design horizons MoreFuturism is one of the most important principles of strategic management and is one of the most important tasks of managers . Top executives of the organization are relying on this principle, Investigate the various aspects of the future and identify and design horizons of programs and make up-to-date decisions, Provides backgrounds for progress. Considering the special position of prosperity And futuristic activities in Islamic literature and culture, Especially, Sire and method OF Imam Ali's management, In this research, we have tried to deduce and use the teachings of Alavi school, And relying on the descriptive-analytical method and scrolling through the triple steps , Describe, Analysis and explanation, The roles and functions of prospective management are examined in the organization's progress. Research findings suggest that motivating prospects, Create a relaxed mood, Succeeding in decision making, Reducing planning errors, Solve problems and problems of the organization, Optimal use of facilities and opportunities and increase the effectiveness and efficiency of resources and facilities, Provides background for the organization's progress. Therefore, one can claim that another factor can not be as effective as the prospect of an organization's progress and prosperity. As failure to pay attention to this issue can have adverse consequences for the organization, and if this is a nuisance in the important and decisive affairs of the organization, The consequences of failures and failures and even the collapse of the organization will be unavoidable. Manuscript profile -
Open Access Article
7 - History of the Development of Jurisprudence in Second Caliph Era from the Perspective of Legal Anthropology: Legitimacy of Hajj al-Tamattu’
Hamidreza Azarinia Ihsan BahramlouAlthough the beginning of the formation of jurisprudence schools in the early second century is officially reported in the history of Islam, but the development of different jurisprudential tendencies is rooted in the diverse religious life of the Companions and tabi&rs MoreAlthough the beginning of the formation of jurisprudence schools in the early second century is officially reported in the history of Islam, but the development of different jurisprudential tendencies is rooted in the diverse religious life of the Companions and tabi’in in the first century. Islamic jurisprudence and law in the first century had a cultural nature and was woven into everyday life. Also, the development of Islamic law was accompanied by tension and social conflict within the Muslim society. Finally, these tensions formed a range of jurisprudence schools with different logics and legal structures. Therefore, the anthropological-cognitive analysis of the bio-jurisprudence of the Companions and followers to understand the differences between the jurisprudence schools of the second century is the problem of this study. The achievement of this article is the differentiation of jurisprudential-legal agencies of early Islam. In this article, by separating the network of legal activists, two legal agencies with different ideals and worldviews and distinct values were identified. The primitive jurisprudential system represented the ruling culture of the peninsula and was built by combining Islamic values for the benefit of the ruling values of the society. The prophetic system was also derived from holy revelation and prophetic sanctity. With the approach of legal anthropology in the era of the second caliph, the authors have examined the issue of Mut’ah-Hajj from the perspective of the aforementioned two agencies and have shown the fundamental difference between the sources and their jurisprudential-leg l logic. Both prophetic and primitive agency continued to exist in the first century and at the beginning of the second century they had a direct effect on the formation of the five schools of jurisprudence. Manuscript profile -
Open Access Article
8 - The Religious Politics of Khwarazm-Shahs
ابراهیم باوفاKhwarazm-Shahs (491-618 A.H.) who were of Turkish origin,established a state in Khwarazm during Seljuk's declination andfragmentation. This dynasty, regarding their adoption of a theologicaland religious policy to protect Shiites and Mu‘tazilites, created ahistori MoreKhwarazm-Shahs (491-618 A.H.) who were of Turkish origin,established a state in Khwarazm during Seljuk's declination andfragmentation. This dynasty, regarding their adoption of a theologicaland religious policy to protect Shiites and Mu‘tazilites, created ahistorical opportunity and an appropriate background for thedevelopment of their doctrines in Khwarazm, and particularly theirinfiltration of Khwarazm -Shahs’ power system, administrativepositions and chancellor establishments. Examining Khwarazm -Shahs’ political intentions, this article is to recognize the role of thekings of this dynasty in creating necessary backgrounds for thedevelopment of intellectual courses, and also their special attention toMu‘tazilits’ beliefs and their protection of Shiites and Alawids againstAbbasids. (F.S.) Manuscript profile -
Open Access Article
9 - An introduction to Ibn Khaldūn’s Viewpoints on the Islamic Civilization Decline
یوسف جعفرزادهDespite the whole ontological and epistemological paradigms which believethat the Essence and Attributes of God transcends this world andconsequently seek knowledge in metaphysics, Ibn Khaldūn as a TunisianMuslim philosopher and sage, in 8th century A.H., presents an in MoreDespite the whole ontological and epistemological paradigms which believethat the Essence and Attributes of God transcends this world andconsequently seek knowledge in metaphysics, Ibn Khaldūn as a TunisianMuslim philosopher and sage, in 8th century A.H., presents an interpretationof Islam religion that accordingly, despite the Divine Essence beingtranscendental, His Attributes as ‘Umrān (civilization) has an eternal processin society and history. Thus “knowledge” and “power” are symbols andfables of truth at society level.So he established a new paradigm by the name of ‘ilm al-‘Umrān (science ofcivilization). Because of Divine Presence and His Everlasting Creation insociety and history, through causes and effects, the paradigm is based onpost-essentialism. In this paradigm, the realm of intellectual activity, isneither mere matter nor absolute and abstract metaphysics, but anindeterminate and moderate realm between material and a supernatural one,in history.Islamic rationality and philosophy lagged behind the history, also the Islamiccivilization lost its fluidity and balance, because of rationality’sconcentration on “imperceptibly metaphysical-spiritual essence”, IbnKhaldūn thought. In this manner, the Islamic civilization was involved instiffness and deterioration. Therefore the Muslim’s material and spiritualimprovement require their epistemological attention to society and history,and at the same time keeping the balanced gap between truth-bestowingsociety and identity-bestowing social cohesion (asabiyya). According to histhought, in Islamic states, religion is the origin of this gap and a moderatelysocial structure. Nevertheless, in his thought development, determining ofruler’s will as the agent of fulfilling religion’s role in society, was replacewith “law” -that is based on intellect and narration. Manuscript profile -
Open Access Article
10 - Evolutionary behavior of weak shocks in a non-ideal gas
Rajan Arora Mohd Junaid Siddiqui -
Open Access Article
11 - Modified Brillouin function to explain the ferromagnetic behavior of surfactant-aided synthesized α-Fe2O3 nanostructures
Zahra Alborzi Avanaki Ali Hassanzadeh -
Open Access Article
12 - Designing a Model of Positive Organizational Behavior in Human Resource Management in Iranian public sectors With the approach of Delph fuzzy technique
Khosrow Naderiheshi Reaz NajafbeygiABSTRACTPositive Organizational Behavior(POB) and having a positive look to human in order to discover his capabilities have been taken into consideration by many managers. The purpose of this study is to present a model for POB in the governmental organizations of Iran MoreABSTRACTPositive Organizational Behavior(POB) and having a positive look to human in order to discover his capabilities have been taken into consideration by many managers. The purpose of this study is to present a model for POB in the governmental organizations of Iran.This model of Positive Organizational Behavior was written and adapted with the governmental organizations and has four aspects and 20 parts. To analyze the current situation, the obtained model was tested in the management and planning organization and the findings have shown that as far as the Positive Organizational Behavior is concerned, there is a meaningful gap between the current situation and the suitable behavior according to what the laws of Country Services Management has set forth and to solve this, some recommendations were given to empower the laws more. The results of this study can be utilized in the evaluation of correct Positive Organizational Behavior in different organizations and can help the experts working in the field of human resources and organizational behavior to improve the current situation. Manuscript profile -
Open Access Article
13 - Analysis of the challenges of public policy implementation with an emphasis on citizens' participation (case study: the law on the protection and exploitation of forests in the north of Iran)
Davoud Hosseinpour Seyyed Mahdi Alvani Hossein Aslipour عقیل قربانی پاجیBackground: Attracting public participation is one of the key elements in the success of public policies, including environmental policies. Purpose: This research was conducted with the aim of investigating the challenges of citizens' participation in the implement MoreBackground: Attracting public participation is one of the key elements in the success of public policies, including environmental policies. Purpose: This research was conducted with the aim of investigating the challenges of citizens' participation in the implementation of the policy, focusing on the protection and exploitation of the forests in the north of the country. Method: in the quantitative section was the opinions of 11 people from the directors of the General Department of Natural Resources and Watershed Management of Mazandaran, Gilan and Golestan provinces. Findings: The final model is formed in 5 levels, the lack of forest governance in the fifth level is the most influential level and political challenges, lack of communication and dissemination of forest knowledge for stakeholders, weak closeness between the government and executive bodies - citizens and lack The motivation in local communities to participate is the most effective level in the designed model. The analysis of intensity of influence and dependence using MICMAC shows that the lack of forest governance and political challenges are independent variables. Conclusion: The participatory approach based on forest governance motivates the cooperation of local people and other stakeholders in applying forest control laws with the government. Manuscript profile -
Open Access Article
14 - Pathology of reform Civil Service Management Law the approach employees empowerment of state executive agencies
Firoozeh Attarian - Nasser Mirsepassi Morteza MousaKhaniPurpose: The goal of this research is provide suggestions for reform chapter nine of Civil Service Management Law with title “Employees Empowerment” and other seasons mentioned law contributing to employees empowerment model of state executive agencies. Meth MorePurpose: The goal of this research is provide suggestions for reform chapter nine of Civil Service Management Law with title “Employees Empowerment” and other seasons mentioned law contributing to employees empowerment model of state executive agencies. Method: This research is in terms of strategy, qualitative; in terms of objective, exploratory; in terms of audience, practical; In terms of data type, quality; and in terms of data collection methods, survey. The Statistical Society consisted of administrative and academic experts which has one of the two conditions, contains PhD in public administration and precedency of teaching and research in the field of human resource management or experience in the field of human resource management in Management and Planning Organization and State Management Training Center; that 23 of themdeclared their readiness to participate in research; for example, were considered. Tool of data collection is questionnaire with using the Delphi technique Findings: After three rounds of delphi among professionals consensus was reached and conceptual model of employees empowerment of State executive agencies confirmed with two dimension, six components and 27 index. Conclusion: According to indicators of conceptual model was presented suggestions for amending chapter nine and other seasons of Civil Service Management Law contributing to employees Empowerment of state executive agencies. Manuscript profile -
Open Access Article
15 - Designing three-dimensional model of impelementing public policy
Mahtab Mohammadi Seid Mehdi Alvani Gholamreza Memarzadeh Tehran Ghasem Ansari RananiBACKGROUND: The implementation of policies derived ideal of harmony and balance between the government's policy. Law enforcement service management and structural reforms the country needs to create the context of each sector.As a result of state authority in the implem MoreBACKGROUND: The implementation of policies derived ideal of harmony and balance between the government's policy. Law enforcement service management and structural reforms the country needs to create the context of each sector.As a result of state authority in the implementation of policy in any part of the law must be clear and clearly identified and defined,To get the best performance from the management of our country. Objective: To present a comprehensive model that would regulate the implementation of the civil service law, so the law can be implemented more effectively manage the civil service. Methods: This study analyzed data is presented in three levels, the first level data analysis has been done.At the second level as well as the analytical data was acting andmain advantage of fuzzy logic to model the three-dimensional model is formed. Results: In this study, a model is developed to determine the most appropriate type of governance in all three areas (recruitment, retention and training) policies paid civil service law. Conclusion: the better the recruitment of their power and influence to more efficient and regulated to benefit this area. In the field of education and development through the private sector realize its state sovereignty.In the area of maintenance is required in this area to the coalition government organizations and influential corporate trust formed only by encouraging them to maintain their form of government. Manuscript profile -
Open Access Article
16 - SHARIA SUPERVISION MODEL ON MEDIA ADVERTISING
reza razi Afsaneh Mozaffari Ali akbar FarhangiAds today form an important part of media production. The general rule is that a program compiled and selected by a religious medium containing news, propaganda, education, etc., contingently contains useful and constructive messages for the average audience, in other w MoreAds today form an important part of media production. The general rule is that a program compiled and selected by a religious medium containing news, propaganda, education, etc., contingently contains useful and constructive messages for the average audience, in other words, if not useful, at least Not harmful. This exploratory research has devised a comprehensive model design for the effective monitoring of the media propaganda. Shari'a is a process by which all affairs in the media are monitored by sharia observers, so that advertisements delivered to the audience do not contradict the standards and templates for a religious media based on Islamic law. For this purpose, after selecting the variables approved by the experts, after the exploratory factor analysis, five influential components of the Shari'a media were discovered. In order to investigate and study the effect of the discovered components, 400 questionnaires were distributed among the media audience and 386 were collected using the equation-solving method The structure was approved by using the graphic imus software. The obtained model of modeling and the analysis of relationships indicate that the five components of spiritual achievement of propaganda, normative system, media basket, value norms and media monitoring in this regard are influential. Manuscript profile -
Open Access Article
17 - Investigating the factors affecting the fight against corruption (Study case: Sports and Youth Department of Central Province)
sadaf naghsh javaheri ali asghar pourezzat abolhassan faghihi amir babak marjaniThe present study was conducted with the aim of investigating the effective factors on fighting corruption in the Sports and Youth Department of Central Province. The current research was applied in terms of purpose and descriptive-survey in nature. The statistical popu MoreThe present study was conducted with the aim of investigating the effective factors on fighting corruption in the Sports and Youth Department of Central Province. The current research was applied in terms of purpose and descriptive-survey in nature. The statistical population of the present study was all the employees of the Sports and Youth Department of Central Province and its sub-units, numbering 890 people. According to Cochran's limited formula, the sample size was equal to 268 people. And the random sampling method was simple. Field method and questionnaire tool were used for data analysis. From the standard questionnaire of Sorek and Helgren (2002) for the variable of job security, from the questionnaire of Javadi Yeganeh et al. (2009) for the variable of strengthening the rule of law, from the standard questionnaire of Sawyer (1992) for the variable of organizational transparency, from the standard questionnaire of Bowens (2005) for the variable Organizational accountability and Abdulahi's questionnaire (2013) was used for the variable of fight against corruption. In this research, standard questionnaires were used and approved by university professors, so the questionnaires have been valid. Also, the reliability of the questionnaires has been confirmed. SPSS and Lisrel software were used to analyze the data. The results of the research showed that job security, strengthening the rule of law, transparency and accountability were effective factors in fighting corruption in the Sports and Youth Department of Central Province. Manuscript profile -
Open Access Article
18 - The establishment of sports rights federation is the necessity of today's sports community
mohammadreza akhgar mohammad Nikravan Keivan Shabani moghadam Ezzatullah Shah mansuriReview:Considering the expansion and professionalization of sports activities as well as the access of the country's sports to international arenas and the legal imperialism of the CAC Court, which has accelerated all aspects of sports; It is necessary to protect the ri MoreReview:Considering the expansion and professionalization of sports activities as well as the access of the country's sports to international arenas and the legal imperialism of the CAC Court, which has accelerated all aspects of sports; It is necessary to protect the rights of the sports family at the national and international levels; As the Medical Federation provides medical services to athletes; An independent federation can support athletes by providing legal services in the field of sports activities inside and outside the country.Due to the legal problems surrounding the country's sports, which unfortunately oftenlead to the condemnation of individuals, teams and sports federations at the international level, and generally lead to excessive costs on athletes, coaches, managers and sports federations, and this is a threat. It has become a great sport for the country and its media coverage and fringes have provided the ground for despair and hopelessness among athletes and managers.It seems that this important thing will be achieved with the establishment of the Sports Law Federation; The Legal Federation will definitely plan and implement international sports laws and general laws of the country to identify crimes and violations and then provide preventive solutions such as holding training courses, explaining the rules, preventing violations, corruption in sports, etc. to develop a scientific culture in management Crime prevention and accident reduction.As the results of the present study introduce this important "necessity of establishing a sports law federation" as an effective and efficient institution is a necessity of today's sports community. Manuscript profile -
Open Access Article
19 - Symmetry analysis, conservation laws and invariant solutions of the time-fractional equal width wave equation
Ramin NajafiLie symmetry analysis provides an efficient method to get the analytical and exact solutions of the fractional differential equations. In this paper, we discuss Lie symmetry analysis for the time-fractional equal width wave equation with Riemann–Liouville derivati MoreLie symmetry analysis provides an efficient method to get the analytical and exact solutions of the fractional differential equations. In this paper, we discuss Lie symmetry analysis for the time-fractional equal width wave equation with Riemann–Liouville derivative. This equation is used to describe the simulation of one-dimensional wave propagation in nonlinear media with dispersion processes. By employing classical and nonclassical Lie symmetry analysis and some technical calculations, new infinitesimal generators are obtained. Then we reduce the fractional equal width wave equation to the ordinary fractional differential equation by changing the coordinates and find invariant solutions to this equation. By means of Ibragimov’s new conservation theorem and the generalization of the Noether operators, we construct the conservation laws for the equation. Also, we derive the adjoint equation and infinitesimal generator associated with Lie symmetries of the underlying equation and we reduce this equation to the ordinary fractional differential equation. In the reduced equations the derivative is in Erdelyi–Kober sense. Manuscript profile -
Open Access Article
20 - Supervision of Commercial Companies in Iranian and German Law with Emphasis on Shareholders’ Rights
tahereh shokri mansor atashneh alireza mazlumrahniThe current research has been carried out with the aim of monitoring commercial companies in Iran and Germany with an emphasis on shareholders' rights. The most important assets of companies are their shareholders. The main characteristic of German law is the involvemen MoreThe current research has been carried out with the aim of monitoring commercial companies in Iran and Germany with an emphasis on shareholders' rights. The most important assets of companies are their shareholders. The main characteristic of German law is the involvement of shareholders in the supervision of the company in the management of its affairs; In such a way that the representatives of the employees are present in the supervisory board along with the representatives of the shareholders at every stage. The supervisory board in Germany is generally appointed by the shareholders as part of a resolution passed by the shareholders' meeting. If a joint-stock company is subject to the provisions of the formation law, the employees also determine the composition of the supervisory board. While in joint-stock companies, the supervisory board supervises the company's policy, in a limited liability company, this task is generally the responsibility of the company. It is a shareholders' meeting.After that, the discussion of setting up a supervisory board is raised, especially for medium-sized companies. The findings of the research indicate that monitoring in companies has structural and legal challenges, such as the silence of Iran's laws regarding the determination of the relationship between the inspector and the company, the determination of explicit rules in the civil code regarding monitoring in companies, emphasizing the rights of shareholders. Manuscript profile -
Open Access Article
21 - Internet Access as Independent Human Right: The Approach of the International Law System and the Iranian Legal System
Khadije akrami Hoda Ghaffari Vali Allah Rostami Mehdi RezaeiIn 2016, the United Nation’s General Assembly adopted a non-binding resolution regarding ‘The Promotion, Protection and Enjoyment of Human Rights on the Internet’. At the heart of this resolution is the UN’s concern that ‘rights that people MoreIn 2016, the United Nation’s General Assembly adopted a non-binding resolution regarding ‘The Promotion, Protection and Enjoyment of Human Rights on the Internet’. At the heart of this resolution is the UN’s concern that ‘rights that people have offline must also be protected online.’ While the UN thus recognises the importance of the Internet, it does so problematically selectively by focusing on protecting existing offline rights online. I argue instead that Internet access is itself a moral human right that requires that everyone has unmonitored and uncensored access to this global medium, which should be publicly provided free of charge for those unable to afford it. Rather than being a mere luxury, Internet access should be considered a universal entitlement because it is necessary for people to be able to lead minimally decent lives. Accepting this claim transforms our conception of the Internet from a technology to that of a basic right. It should be acknowledged, however, that in the system of international law and domestic law of Iran there is no independent human right or citizenship entitled the right to access the Internet. Manuscript profile -
Open Access Article
22 - Fundamental causes of maximum criminality in the Iranian legal system
Ramin , Naeemi Mahmood Malmir Masoud HeidariThe principle of minimal criminal law (intervention of the criminal law minimum) allows the use of this branch of jurisprudence in a situation where it is not possible to resort to other guarantees of enforcement, namely the guarantee of civil and administrative enforce MoreThe principle of minimal criminal law (intervention of the criminal law minimum) allows the use of this branch of jurisprudence in a situation where it is not possible to resort to other guarantees of enforcement, namely the guarantee of civil and administrative enforcement. The volume and scope of criminal law in liberal states is also one of the current challenges of law and politics. The connection with criminology does not have a clear position. In many cases, this position is not accompanied by tolerance, and in some cases, the government has criminalized and enacted the law with the utmost speed and intensity; Hence, the place of observance of the principle of tolerance, which is regularly heard from politicians, is not clear. In Iran, the roots of the government's desire to use criminal law can be related to the scope of government, the entry of this institution into the field of ethics and privacy. In fact, criminalization is not done in a technical way, but influenced by the ideology of the government and the tendencies of this institution. In this article, the authors will refer to the analysis of the basics of the subject in a descriptive-analytical manner. Manuscript profile -
Open Access Article
23 - 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
24 - Law governing obligations in electronic contracts
Rahim Abdoli Tayeb Afsharnia Alireza Rajabzadeh EstahbanatiThe electronic environment of the Internet is one of the most modern means of concluding contracts and fulfilling the obligations arising from it, especially in the field of commercial transactions. The nature of electronic contracts in relation to their validity, form MoreThe electronic environment of the Internet is one of the most modern means of concluding contracts and fulfilling the obligations arising from it, especially in the field of commercial transactions. The nature of electronic contracts in relation to their validity, form and compatibility with the rules and regulations of civil law regarding contracts is one of the new topics, the recognition and study of which depends on the formal structure of the electronic environment and well-known communication technology concepts in this field. . Determining whether a binding contract is concluded in the relationship between the parties or is done in accordance with the applicable law. Although e-commerce law does not seem to conflict with the general rules and regulations of civil and commercial law, there is considerable coherence and coordination with the formal and technical concepts and rules of legal resources in applying these rules to the legal issues of e-commerce contracts. This research is theoretical and content analysis and by referring to legal and related sources, an attempt has been made to provide relevant laws. Today, the law governing the contract is outside the scope of national law, and it is not necessary that the law governing the election of the parties to the contract be related to the contract, and also the laws governing the contract can be changed with conditions, As a result, concluding these contracts in a different and new environment has different rules governing different contracts and obligations, which are discussed in this article. Manuscript profile -
Open Access Article
25 - The right of the couple to recourse to reciprocal divorce in Islam and jurisprudence
Ahmad Yousefi Sadeghloo saman karimiیکی از احکام خانواده در شرع اسلام طلاق رجعی است. شارع اسلام برای حفظ مصلحت استحکام خانواده، طلاق رجعی را بهعنوان اصل قرار داد تا ادامه زندگی زناشویی را با رجوعی ساده در مدت عده امکانپذیر سازد. ماهیت حقوقی رجوع، یک عمل حقوقی یکطرفه (ایقاع) و مبتنی بر قصد است. در قوانین Moreیکی از احکام خانواده در شرع اسلام طلاق رجعی است. شارع اسلام برای حفظ مصلحت استحکام خانواده، طلاق رجعی را بهعنوان اصل قرار داد تا ادامه زندگی زناشویی را با رجوعی ساده در مدت عده امکانپذیر سازد. ماهیت حقوقی رجوع، یک عمل حقوقی یکطرفه (ایقاع) و مبتنی بر قصد است. در قوانین نیز طلاق رجعی مورد پذیرش قرار گرفته و اصل بر رجعی بودن طلاق دانسته شده است جز موارد معدود که طلاق را از حکم رجعی بودن خارج ساخته و آنها را بائن نامیده است. این مطالعه به بررسی حق رجوع زوج در طلاق رجعی در اسلام و رویه قضایی پرداخته است. روش تحقیق بهصورت توصیفی و تحلیلی میباشد. یافتههای پژوهش نشان داد که شارع اسلام و مشهور فقهاء اصل بودن طلاق رجعی را ملاک قرارداده اند و طلاق حاکم را رجعی دانسته و برخی نیز بر حسب نوع طلاقی که حاکم میدهد رجعی یا بائن دانستهاند و از فقهای معاصر تنها کسی که به بائن بودن طلاق حاکم فتوی داده است مرحوم آیتالله خوئی میباشد. قانونگذار در قانون مدنی و قانون حمایت خانواده، طلاق رجعی را پذیرفته است اما در قوانین مربوط به طلاق رجعی، به خوبی به احکام آن توجه نکرده است و این ضعف سبب کوتاهیها و عدم توجه صحیح به طلاق رجعی در دادگاهها و ایجاد رویههای مختلف گردیده است. متأسفانه اغلب در دادگاهها، اکثر طلاقها بهصورت بائن از نوع خلع واقع میشود که میبایست محاکم دادگستری با توجه به شرایط طلاق خلع و اهمیت طلاق رجعی، در رویه خود تغییر ایجاد نمایند. Manuscript profile -
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26 - Protecting the fundamental rights of the nation in the face of the security of criminal policy and the uncontrolled judicial actions of the government
Seyed Mohammad Farrokh Reza Shafiee Salman Kunani Smira GolkhandanThe protection of the fundamental rights of the nation is the gateway to the realization of democracy and the rule of law in society. Violation of these rights prevents the constitutional role from playing a desirable role in society, and guaranteeing these rights means MoreThe protection of the fundamental rights of the nation is the gateway to the realization of democracy and the rule of law in society. Violation of these rights prevents the constitutional role from playing a desirable role in society, and guaranteeing these rights means protecting the constitution and the condition of legal development in society, which itself is compatible with measures such as public policy, such as criminal policy. Among the fundamental rights of the nation, which are likely to be violated in the security-oriented approach of criminal policy and exceptions to the rule of law, is the right to liberty and the right to sue. With description; In this article, with a descriptive-analytical method, an overview of the components of each of the mentioned matters and the results of the research indicate that; Despite the security contexts of Iran's criminal policy and the requirements of the rule of law, the reality is that the nation's fundamental rights are not violated and the establishment of participatory criminal policy mechanisms and the rulers' real benefit from religious teachings, as well as the necessary measures to control and monitor more. Exercising judicial oversight by the government can put an end to any possible concerns of violations or deviations from the nation's fundamental rights. Manuscript profile -
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27 - A Comparative Study of the Punishment of Murder in the Jewish Penal System and Imami Jurisprudence
Seyed ali Rabbani mousaviyan Alireza MillaniA Comparative Study of the Punishment of Murder in the Jewish Penal System and Imami JurisprudenceOne of the most important legal issues of the two religions, Judaism and Imamism, is criminal issues and criminology. The most important crime among crimes is murder. There MoreA Comparative Study of the Punishment of Murder in the Jewish Penal System and Imami JurisprudenceOne of the most important legal issues of the two religions, Judaism and Imamism, is criminal issues and criminology. The most important crime among crimes is murder. Therefore, this study aims to use a descriptive and analytical method to comparatively study the punishment of murder, the conditions and quality of its execution in the two religions.The results of the research indicate that although proving the intentionality of murder under Jewish law seems more difficult than Imami jurisprudence, in Jewish law the same amount as proving the absolute crime of murder (intentional and unintentional)Its punishment will be life imprisonment only, and other punishments are an exception to this sentence. In terms of circumstances, there are several differences in the criminal law of the two religions.Keywords: Murder, conditions of punishment for murder, punishment of deprivation of life, Jewish criminal law, Imami jurisprudence. Manuscript profile -
Open Access Article
28 - Studying the Feasibility of Extending the Legal Titles in Imamyeh Jurisprudence to Include Ethics Functions
Mahdeyeh Hajaliakbar ebrahim yaghouti Zahra FehrestiAbstractThere are some values and principles dominant in human communities based on which social institutions are formed. The revelatory teachings play the main roles in explaining Islamic approaches to these values considering the fact that the needed solutions should MoreAbstractThere are some values and principles dominant in human communities based on which social institutions are formed. The revelatory teachings play the main roles in explaining Islamic approaches to these values considering the fact that the needed solutions should be derived from and operationalized by Sharia. Through studying jurisprudential and legal rules, jurisprudents and lawyers identified the concept of good ethics and considered it as a rule to restrict the will of individuals in protecting social expediencies. Although, there are theories for or against if there is some relationship between law and good ethics, but a use of good ethics by a legislator in legislation suggest the fact that ethical dos and don'ts in the sacred Islamic Sharia in social domain can be used as a base for legislation in many legal cases. The present research tried descriptively and analytically to answer this question, “Can Islamic law be extended to include good ethics?” By considering the mentioned cases, the results showed that Imamyeh jurisprudence allows for good ethics considered in Quran and Islamic narrations to be used in making legal acts. Manuscript profile -
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29 - Effects of the spread of corruption on earth to economic crimes based on the specific characteristics of these crimes
Ali Asadi Amir Mohammad Sedighiyan Ali Zare MehrjerdiEconomic crime is one of the new concepts of modern society, which in terms of its threats to the stability and security of societies, traditions and values of democracy, moral values and justice, sustainable development and the rule of law, has become increasingly worr MoreEconomic crime is one of the new concepts of modern society, which in terms of its threats to the stability and security of societies, traditions and values of democracy, moral values and justice, sustainable development and the rule of law, has become increasingly worrying. A.A. has considered such crimes as a major example of corruption on earth earth, economic crime, civil rights, repression, criminal law. Knowing the specific characteristics of such crimes in terms of the act committed, their contexts, scale, specific characteristics of the perpetrators, as well as their victimology, is a necessary condition for adopting a prudent criminal strategy against them. The criminalization of widespread disruption of the country's economic system is cited as an example of corruption on earth in Article 286 of the Islamic Penal Code adopted in 2013. The present descriptive-analytical study shows the lack of proportionality between the effects on the legislator's adopted approach and the nature of economic crimes; Despite the professionalism of the perpetrators of economic crimes and their use of complex methods, the approach adopted by the legislature is not capable of criminal deterrence; Consequences such as violations of economic rights and citizenship and criminal repression are also inconsistent with the nature of economic crimes. It seems that a deliberate confrontation with economic crimes, more than anything else, instead of resorting to the most severe criminal repressive tools, requires a differential approach to the investigation, as well as anticipation and application of various criminal, administrative, civil and correctional executions. Manuscript profile -
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30 - The right to terminate contracts covered by the e-commerce law
SHOKROLAH NIKVAND Habib AsadyIn contracts, either party can terminate the contract based on one of the options of civil law. Most of these options can be found in all contracts. In this article, the author seeks to answer the question of whether in e-commerce contracts that are subject to special l MoreIn contracts, either party can terminate the contract based on one of the options of civil law. Most of these options can be found in all contracts. In this article, the author seeks to answer the question of whether in e-commerce contracts that are subject to special law, one of the parties can invoke one of the options of civil law to terminate the contracts? In this regard, the works of some available authors were reviewed and they followed the view that civil law options are among the general rules of contracts and can be applied in electronic contracts .Examining and comparing the options of civil code and the article of the electronic commerce law and considering the special features of these contracts and the various powers that the legislator has considered for termination, it seems that in electronic contracts the parties have no right to invoke the options of the civil code, because in the law of electronic commerce, there are cases of termination in a desirable and sufficient way. therefore the types of termination right in these contracts are just the ones mentioned in the electronic commerce law. Manuscript profile -
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31 - Facilitate productive employment Subject of Article 174 of the By-Laws of the Prisons Organization, approved in 1400
fattahe teimouri mahmood ashrafy masoud heidariIn order to rehabilitate prisoners and develop sustainable and productive employment, while analyzing Article 174 of the Prisons Organization Regulations, in order to generalize the work of prisoners during imprisonment to after release, it is necessary to consider crit MoreIn order to rehabilitate prisoners and develop sustainable and productive employment, while analyzing Article 174 of the Prisons Organization Regulations, in order to generalize the work of prisoners during imprisonment to after release, it is necessary to consider criteria regarding the individualization of the work of prisoners.The main concern in allocating jobs to prisoners has been to replace imprisonment and perhaps reduce the cost of keeping prisoners.But this issue has not helped the process of not committing crimes again.According to the new regulation of the prisons organization, the employment of prisoners is for the purpose of developing rehabilitation programs, reducing the harm of imprisonment, helping to meet the material and spiritual needs of the convicts and their families, and the self-sufficiency and self-employment of the prisoners, which should be proportionate to the individual abilities and talents of all prisoners. be providedThis research has been compiled and reported by descriptive analytical method, by using internet resources, information banks and library studies. The implementation of the provisions of this article requires a better familiarity with sustainable and preferably quick-yielding production jobs. It seems that the need to feel commitment and commitment to work can help to prevent the re-offending of the crime in addition to increasing the prosperity of national products.The result of this research will be the necessity of running a job opportunity management center with the approach of creating job search files for prisoners in order to implement Article 174 of the Prisons Organization Regulations. Manuscript profile -
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32 - Customer rights Arising from the sale of defective goods with emphasis on compensation methods in Iran s law and the convention on the international sale of good
faranak moazen faranak moazen Seyed mojtaba Mirdamadi Ahad BagherzadehIn the field of international relations, trade exchanges are very important. One of the most important examples of trade relations in the field of international trade is the international sale of goods. One of the natural and required issues in any contract is the benef MoreIn the field of international relations, trade exchanges are very important. One of the most important examples of trade relations in the field of international trade is the international sale of goods. One of the natural and required issues in any contract is the benefit of the parties to their rights, in which the customer's rights are among the serious and important categories, some of which are related to defective goods in this study. In the present study, it will be observed that, in Iranian law and the Convention, the scope of customer rights resulting from the sale of defective goods consists of two parts: 1. Obligation to fulfill the provisions of the contractual obligation and ultimately relieve the customer from an unbalanced and unbalanced contractual situation, which in Iranian law is referred to as the defective option and its mechanisms, and in the Convention as the non-compliance of goods and related mechanisms. 2. The actual methods of compensation that provide for the possibility of providing damages resulting from the loss of a favorable contractual position both in order to fulfill the obligation and to terminate it. The Convention includes the issue of compensation for the sale of defective goods in accordance with the theory of full compensation, but in Iranian law this scope is more limited. Manuscript profile -
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33 - A critical re-reading of the legislator's Nissan in criminalizing the most obvious forms of child abuse in the new legislative approach
bohan khateri Nasrin Mehra Mohammd ali Mahdavi sabet Nourooz KargariChild abuse is a behavior and situation in which a child becomes a victim of torture and physical, emotional, sexual, emotional, neglectful, and sometimes structural abuse. The World Health Organization considers the issue of child abuse to be significant in four areas; MoreChild abuse is a behavior and situation in which a child becomes a victim of torture and physical, emotional, sexual, emotional, neglectful, and sometimes structural abuse. The World Health Organization considers the issue of child abuse to be significant in four areas; Physical child abuse, sexual child abuse, emotional child abuse, and neglect. The first anti-child abuse law in Iran was approved in 2002 in order to implement international documents and to respond to the call of organizations and institutions supporting child rights and to create a deterrent against the phenomenon of child abuse. With the discovery of the shortcomings of the law and after about two decades, this brief law in 1399 was completely repealed and replaced by another new law. Despite the fact that the Iranian legislature in 2002, according to the Law on the Protection of Children and Adolescents, in particular, considered physical abuse of children in addition to emotional and psychological abuse, criminalized and punishable, in recent amendments, despite compensating for some shortcomings of the previous law And address issues such as child sexual abuse and child abuse due to neglect; But in general, the most obvious form of child abuse, namely physical child abuse and mental child abuse, has been forgotten, and this important issue has been removed from the examples and scope of child abuse criminalization in Iranian law in complete disbelief and completely ignored by the legislature Manuscript profile -
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34 - "A comparative approach to the foundations of criminalization of doping in England's, German's and France's criminal law;(A step towards the criminalization of doping in Iranian's c
hamidreza heydarpour masoud hemmatDoping is the most unprofessional and unethical behavior in professional sport. In addition to the ethical and technical aspects, this phenomenon also has important legal aspects. In recent years, following the increase in cases of doping, the tendency to criminalize it MoreDoping is the most unprofessional and unethical behavior in professional sport. In addition to the ethical and technical aspects, this phenomenon also has important legal aspects. In recent years, following the increase in cases of doping, the tendency to criminalize it has clearly formed among some criminal policymakers, and some countries have explicitly criminalized doping and punishing it, but despite some other countries have not taken action in this regard. A clear example of the first countries is England, Germany and France, and an obvious example of the second category countries is Iran. The claim of this article is that by using the experience of criminal law systems in England, Germany and France, it is possible to take steps towards the criminalization of doping in Iran's criminal law and in this way, between the approach of Iran's criminal law system and the view of the system. The mentioned legal issues created more alignment. The main hypothesis of the current research is that the criminalization of doping in Iran's criminal law has a significant effect in reducing it. In order to further investigate these categories, in this research, while studying the concept of doping and the basics of its criminalization in the criminal law of England, Germany and France, the challenges facing the process of its criminalization in the criminal law of Iran have been examined. The current type of research is fundamental, its approach is descriptive-analytical, its method is library study, and the tool for collecting information is survey. Manuscript profile -
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35 - Methodology of International Law
علی اصغر KazemiIn this article, the author attempts to fill the gap arisingfrom the lack of attention to the methodology in the field oflaw. Through putting forth the discussion of the methodologyof international law, he paves the way for researchers andstudents of international law a MoreIn this article, the author attempts to fill the gap arisingfrom the lack of attention to the methodology in the field oflaw. Through putting forth the discussion of the methodologyof international law, he paves the way for researchers andstudents of international law and related fields. Studying thedominant methodological and theoretical currents in the fieldof international law, new outlooks, which were proposed inthe Methodology of International Law Symposium in 1991,are introduced and assessed. In this context, the first sectionof the article deals with the methodology in general. The othersections refer to the category of methods and methodology,and methodology in philosophy and legal studies. The authorfinally pays attention to the point that the understanding andcommand of the methods and approaches are necessary withrespect to the recognition of sources, incremental codificationand development, implementation, interpretation and judgmentat all levels of the study of international law. Manuscript profile -
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36 - The Theoretical Qualification of Mediation for International Litigation
محمود VaeziIn late 19th and 20th century, much has happend for the peacefulsettlement of disputes, taking full account of the recent developmentsinstead of the use of force. After much travail the internationalconferences have been created, the system for addressing disputes setup MoreIn late 19th and 20th century, much has happend for the peacefulsettlement of disputes, taking full account of the recent developmentsinstead of the use of force. After much travail the internationalconferences have been created, the system for addressing disputes setup by the conventions, come into force. As with other means of disputesettlement is the process of mediation. The cases just considered arewhat the author indicates about the kinds of concerns that induce thisway of settlement: political, legal and technical questions and alsothe dispute itself. The purpose of this article is a completely referenceto a definitive overview of mediation of disputes to the litigation,mediator, mediation clauses. The author has produced a critique ofthe mediation with special focus on litigations. Manuscript profile -
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37 - WTO jurisdiction and human rights
Vahid Bozorgt Amir Houshang FathizadehThe aim of this article is to explore the WTO jurisdiction in terms of human rights. WTO resources and legal opinions, the authors have concluded that WTO law is a self-contained system of law and its dispute settlement body (DSB) shall consider only the member’s MoreThe aim of this article is to explore the WTO jurisdiction in terms of human rights. WTO resources and legal opinions, the authors have concluded that WTO law is a self-contained system of law and its dispute settlement body (DSB) shall consider only the member’s disputes in terms of the rights and obligations provided in WTO agreements and it does not have the capacity to examine those disputes which fall under the jurisdiction of other systems of law such as human rights However, despite this fragmentation and separation between WTO law and human rights law, the DSB may make use of the relevant rules of International law, including human rights law, to clarify the provisions of WTO agreements. Manuscript profile -
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38 - World Peace through World Law
M.R HakakzadehThe function of general assembly and Security Council to oppose international terrorism and achieve to humanitarian aids are outcomes of peace. The formation of international justice characters which gloried to last decade of 20th century, has high importance for achiev MoreThe function of general assembly and Security Council to oppose international terrorism and achieve to humanitarian aids are outcomes of peace. The formation of international justice characters which gloried to last decade of 20th century, has high importance for achieving the global peace. Nowadays constitution of international criminal court (ICC) is a strong factor to guaranty the right of self-determination. Prohibition use of force has been mentioned in Paris pact between two world wars before the conclusion contents of charter of United Nations.Addition international governmental and non-governmental organizations and international institutions have a great role in globalization of international legal system.I have surveyed the obligations of states before international community which merge their solidarity. Also in this article different dimensions of process and factors which are obstacles to armament conflicts, has been investigated.Exclusive jurisdiction arose from Westphalia system has been changed to nation-state. Finally increasing tendency to “we the people of United Nations” through development of international law-making conventions in recent years, achievement to stable peace shall be facilitated as more as attention to human rights and role of human being.An international rule of law observance brings enunciation to progress, pacification and peace for mankind community. Connection between sovereignty and peremptory norms of international law on one hand and the other hand explaining mean of peace and global legal system have affection on together and problem of breach of human rights norms leads to violation of peace have been analyzed. Manuscript profile -
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39 - A Comparative Study on Duties, Powers and Obligations of Labour Inspectors in Iran Labour Laws and International Labour Standards
Seyed Mohammad Hashemi Ali Hajivand Whereas the labour inspection system is a public function and aresponsibility of government, therefore, the necessity dictates that labourinspectors shall be composed of public qualified officials, and they also haveexecutive, regulatory, advisory, corrective, m More Whereas the labour inspection system is a public function and aresponsibility of government, therefore, the necessity dictates that labourinspectors shall be composed of public qualified officials, and they also haveexecutive, regulatory, advisory, corrective, making policy and preventiveimportant duties. Hence, In order to enforce these duties in premises, they, inaddition to have certain rights and powers, should enjoy the stability andindependence of the employment, so that they exercise their duties andpowers in impartial manner and free of undue pressures and constraints fromoutside the system, in order to protect the manpower, economic sources andenvironment of work that are, nowadays, considered as essential elements ofsustainable developments. Therefore, labour inspectors, as representatives ofthe State in thr world of work, are empowered considerable rights legalpowers that their proper enforcement of these rights and duties constitutesthe fundamental to the authority of inspectors and inspection system as awhole.Instead of these rights and powers, labour inspectors also undertakethe obligations that consist of: the compliance to the principle of theimpartiality in the process of the inspections, preservation of professionalsecrecies concerned with employers, confidentiality regarding the source ofcomplaints and professionalism and competency. Manuscript profile -
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40 - Measures for the Development and Education of Humanitarian Law in Iran
مهدی ZakerianIranian society has always shown a special interest inlearning human rights and humanitarian law. In this regard,examples abound as follow: pursuing charity activities,establishment of the Iran’s Red Crescent Society and itspredecessor, ratification of four Geneva MoreIranian society has always shown a special interest inlearning human rights and humanitarian law. In this regard,examples abound as follow: pursuing charity activities,establishment of the Iran’s Red Crescent Society and itspredecessor, ratification of four Geneva Conventions andthe Additional Protocols, etc. This fact along with the politicaland economic characteristics of the Middle East increase thesignificance attached to the development and education ofhumanitarian law in Iran. In this context, the main question ofthe research would be how the education of humanitarian lawcan be expanded and institutionalized in Iran. To answer theaforementioned question, the authour offers the hypothesisthat informal education is of more efficiency in training andinstitutionalizing the humanitarian international law in Iran. Healso applies the instruments of observation, experimentation andthe survey of research findings in the field of humanitarian law inIran in order to test the hypothesis. He examines and comparesthe modern texts on the formal and informal education ofhumanitarian law, and modern methods of tranining humanitarian law with the informal traditional education of humanitarian law inthe country Manuscript profile -
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41 - The Role and Value of Written and Electronic Documents in the Legal System Iran
Jafar Jamali Afshin RazaghiOne of the important evidence proving the claims in legal document. The document has been providing various definitions in the sciences and in other words, this concept is considered from the perspective of different sciences. In law as well as the traditional con MoreOne of the important evidence proving the claims in legal document. The document has been providing various definitions in the sciences and in other words, this concept is considered from the perspective of different sciences. In law as well as the traditional concept of document ins 1284 of the Civil Code defines which means any written document that is referred to as the fight or disposal. This concept is true in the case of written documents. But with the development of communications technology and the development of e-commerce transactions and Internet Treaties, the concept store documents for a new phenomena Evidence was introduced. Special documents to electronic documents in the system is evidence of the important issues of law. Especially with the adoption of e-commerce law and the position of the law, raising these issues is crucial. Role of Probative value and because of its ensuring the efficiency of judges Of course it can be said that the legislative purpose of the probative value of particular cases proving some cases is known only through some possible reasons In the case of official documents by the official document on the legal goodwill with goodwill and included in the contract to pay its share is about creating the right legal conditions and the type of sheet is in stock. Electronic document refers to data that is the message and the message considered normal that the document is normal. Manuscript profile -
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42 - Legal Regime for Environmental Protection of International Watercourses by Emphasis on the Strait of Hormuz in Iran
Seyed Abbas Pourhashemi Akram Nemati Flora HeidariIn the view of geopolitics and international law, international watercoursesare very significant in international relations. So, the environment of thesewatercourses should be protected. Using available resources at internationalwatercourses and protecting their environ MoreIn the view of geopolitics and international law, international watercoursesare very significant in international relations. So, the environment of thesewatercourses should be protected. Using available resources at internationalwatercourses and protecting their environment are important issues ofmodern international law. Watercourses including lakes, rivers, andinternational straits are located among two or more countries. Internationalstraits are important components of international watercourses which arebasically used for commercial and military shipping not only by coastalstates but other countries. Therefore, legal status of the Strait of Hormuz asan international strait is affected by the law of international watercourses.So, in this paper, authors have studied on environmental protection ofinternational watercourses by emphasis on the Strait of Hormuz. By regardto strategic importance of the Strait of Hormuz for Iran, and its geopoliticalrole, in first part of this document, Possibility of blocking the Strait ofHormuz has been deliberated, and in second part, it has discussed aboutenvironmental protection of the Strait of Hormuz by considering soft andhard law. Manuscript profile -
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43 - Good Faith in the International Commercial Law
کوروش JafarpourThe Principle of Good Faith in the law of contracts is one of themost important and fundamental principles. Nowadays this principleis located and mentioned in general rules of international commercialdocuments. It means that Good Faith should be considered andexecuted i MoreThe Principle of Good Faith in the law of contracts is one of themost important and fundamental principles. Nowadays this principleis located and mentioned in general rules of international commercialdocuments. It means that Good Faith should be considered andexecuted in every transaction. In this article, the author endeavors toexplaine the importance of this principle in international transactions.In the first part it is tried to explain the concept of Good Faith. Thenit is shown the place of this principle in Common Law and Civil Lawsystems. In the second part of this article, it is explained the place ofGood Faith in international Commercial documents like CISG, PECLand UNIDROIT. In this part we can see the great expansion anddevelopment in the scope of Good Faith principle in new internationalcommercial documents. All of these lead us to have an independent common law. The aim of this study is to consider the notion and elements ofevasion of law in private international law as a limitation of party autonomy.It will consider the relationship of this doctrine to other institutions such asavoidance, public policy, good faith and mandatory rules, and will discusswhether or not it can be considered as a proper device for limiting freedomof choice by the parties. Consideration will also be given to the existenceof this doctrine in private international conventions in particular the RomeConvention on the Law Applicable to Contractual Obligations, 1980. Manuscript profile -
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44 - Right to Development; in Theory and in Practice
رهالوسین ZohadiThis article foregrounds afresh the legal and policyframeworks required in the international system at both economicand human rights fields to reach effective enjoyment of theright to development. The analyses of the author relate to fourindividual studies: 1- The recor MoreThis article foregrounds afresh the legal and policyframeworks required in the international system at both economicand human rights fields to reach effective enjoyment of theright to development. The analyses of the author relate to fourindividual studies: 1- The record of the right to development; 2-The legitimacy of the right to development; 3- Interdependenceof the right and the process of development; 4- Monitoring andimplementation. The result is an effort to dislodge internationallaw from its exclusive focus on the states, internationalinstitutions, and particular logics of economic development.The author argues that the states must recognize the right todevelopment as a human right in order to realize developmentas an obligation in the line of national action and internationalpartnership. She concludes that the development of the conceptof right to development needs time to become accomplished,though it is currently used as a bargain in the hands of states. Manuscript profile -
Open Access Article
45 - The Concept of Natural Law and International Law inThomas Hobbes’s Political Thought
Malek Yahya Salahi Vahed AminiMany authorities believe that new attitude to the concept of Code, Natural Law and InternationalLaw has been theorized through Thomas Hobbes viewpoints in the ground of modernthought. The influence of Natural law theories in the International Law began along withfrom th MoreMany authorities believe that new attitude to the concept of Code, Natural Law and InternationalLaw has been theorized through Thomas Hobbes viewpoints in the ground of modernthought. The influence of Natural law theories in the International Law began along withfrom the beginning of 16th century the genesis of International Law. However,17th centurywas the time of science dynamism. In this situation Hobbes began his effort to explain theprinciples of the existence of political society and his doctrine would become the Firstmodern moral philosophy, because it was a philosophy that completely accepted consequencesof modern Natural Sciences and related ancient relativism in the form of “LegalTheory”, according to which man’s natural law explicates the thing that man desires to do.Then Natural Law derived from Natural Code. As a theoretician of modern Natural Law,Hobbes was among those who merely believed in Natural Law in the international relationsand denied the existence of Subject Law and only assigned Natural Law as the basis ofInternational Law. His book, leviathan, as a great and unique masterpiece in the field ofpolitical philosophy, written in English, best indicates his effort in scrutinizing concepts likecode, Natural Law, Politics Science, Political Power and Sovereignty. This essay aims tostudy Thomas Hobbes attitude to code concepts, Natural Law, Natural Codes InternationalLaw, Natural Situation, Political Society, Political Power and Leviathan by contemplationthrough his theorization and research through his political thought. Manuscript profile -
Open Access Article
46 - Designing a legal and financial model for capital changes in public joint stock companies in Iranian and English laws
Reza Mohammadi Darvishvand Ali Zare Mehdi Montazer Seyedyaghoub zeraatkishThis study was conducted with the aim of designing the financial legal model of capital changes (increase) of public companies in Iranian and British law. The research method of the present study is mixed and it is done with two types of qualitative and quantitative (mi MoreThis study was conducted with the aim of designing the financial legal model of capital changes (increase) of public companies in Iranian and British law. The research method of the present study is mixed and it is done with two types of qualitative and quantitative (mixed) approaches. In the qualitative part of the research, in order to collect data, interview questions were developed. In the following, the ISM questionnaire was used. The statistical population of the research included 10 qualified experts who were selected using non-probability and purposive sampling method, and in-depth and semi-structured interviews were conducted with them. The first step of the current study was using the qualitative analysis method (interview editing approach, summarizing them and interpreting concepts and words) to identify the main and subcategories of the research. Then, in the second and quantitative part of the research, the modeling method was used. Structural-interpretive and MICMAC software were used to identify the causal relationships between the main research categories. By extracting the main and sub-categories of the research using the results of the qualitative analysis of the theme and the ISM method, the final model was presented. In total, the pattern obtained consists of 10 main categories. The results of the research showed that the capital structure has an effect on short-term debt, equity and long-term debt. The aforementioned variables also affect the company's behavior in financing operations. The behavior of the company affects the lease and bank loan, long-term debt and bond issuance and further affects the risk management. Risk management also leads to the increase of capital of public companies. In the same way, the amount of influence on the next levels is reduced and the variables of the same level, that is, have mutual interaction with each other. Manuscript profile -
Open Access Article
47 - Examination of Wagner’s Hypothesis Using annual data of 1967-2007 of Iranian economy
غلامعلی حاجی محمد حسن فطرسUsing annual data of 1967-2007 of Iranian economy, this paper examines the strength of Wagner’s Hypothesis. According to Wagner; an overall income growth in an economy leads to relatively larger expansion of the government activities and causes the government expe MoreUsing annual data of 1967-2007 of Iranian economy, this paper examines the strength of Wagner’s Hypothesis. According to Wagner; an overall income growth in an economy leads to relatively larger expansion of the government activities and causes the government expenditure to increase. Using the autoregressive distributive lag (ARDL) of Pesaran et al. (2001) six separate long-term relationships are estimated: (1) government expenditure and output, (2) share of government expenditures in total output and; output, (3) share of government expenditures in total output and; per capita output, (4) per capita government expenditures and; per capita output, (5) government expenditures and; per capita output and finally, (6) government consumption expenditures and; output. According to this study, models (3) & (6) do not confirm any long-term relations between variables while the rest of the estimated models show that a long-term relation is detected. In addition, models (4) and (5) support the Wagner’s Hypothesis Manuscript profile -
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48 - Examining the Condition of Alevis in Turkey in Light of the Freedom of Religion and Conscience and Religious Minority Rights in International Law
Ismail Kurun -
Open Access Article
49 - Discourse Analysis of Iranian Intellectuals about Law on the Edge of Constitutional Revolution (Study of Mirza Malcom Khan and Mostashar al-Dowleh)
Aso Javaheri Masoud Golchin -
Open Access Article
50 - African Jurisprudence: The Law as a Complement to Public Morality
Kingsley Ufuoma Omoyibo -
Open Access Article
51 - Electronic Banking Industry and Accountability (Case of Study: Employees of Refah Bank)
Mohammad Zaman Mohammadi Raeesi Soroush Fathi -
Open Access Article
52 - Sociological Analysis of the Rights of Children with Disabilities: Policies of Iran, the Islamic World, and the International Sphere
Maryam Sha’ban Alireza Mohseni Tabrizi Fateme Ja’fari -
Open Access Article
53 - The Aim of Mirza Melkum Khan Nazim al-Dowleh from Supporting Constitutional Movement
Rohollah Tahernia Reza Shabani Samghabadi Sina Forouzesh -
Open Access Article
54 - Women in Contemporary Islamic Society: A Study of Iran
Ashaq Hussain Safa Altaf -
Open Access Article
55 - Identification and Analysis of Legal and Medical Laws and Regulations of Surrogacy
hosein jalaliIntroduction: In today's world, due to the unhealthiness of the environment and the prevalence of infertility, the issue of surrogacy has become common among many societies, and it is important to deal with the laws and regulations in this area. Therefore, the main purp MoreIntroduction: In today's world, due to the unhealthiness of the environment and the prevalence of infertility, the issue of surrogacy has become common among many societies, and it is important to deal with the laws and regulations in this area. Therefore, the main purpose of this article is to identify and analyze the legal and medical laws and regulations of surrogacy.Methods: The research method is mixed (qualitative-quantitative). To carry out this research, the method of document study was used, 30 articles were selected from 506 articles, and finally, using the technique of content analysis with MAXQDA12 software, it was used to identify and analyze legal and medical laws and regulations. The statistical population in this research was all experts in the fields of law and medicine with high experience and work experience in the field of surrogacy, which was done after conducting 15 theoretical saturation interviews. The interviews lasted between 75 and 120 minutes. Finally, the basic, organizing and comprehensive themes are extracted and in the quantitative part to determine the importance of using legal and medical laws and regulations from the T-Tech method, a sample with a statistical population of 30 people 15 experts and 15 families (8 renter families and 7 renter's wife) is used.Results: In this research, about 30 articles were examined, 12 Persian articles and 18 English articles, in the method of thematic analysis using basic, organizing and comprehensive themes, 46 indicators of 4 categories and 2 dimensions in two sections of legal laws and regulations. And medicine were identified separately.Conclusion: The results showed that the legal rules and regulations include official (laws and regulations related to the constitution and jurisprudence) and customary (laws and regulations related to the lessor and lessee) and medical laws and regulations including related to the lessor of the uterus. And was a renter, and finally in the quantitative part it was also determined that all laws and regulations are of high importance, especially legal laws and regulations with an average of 4.2 are more important than medical laws and regulations with 3.9. Manuscript profile -
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56 - The Legal Issues of Electronic Contracts in Australia
Farisa Tasneem -
Open Access Article
57 - Jurisprudential and legal review of public damages
مطلبی گلعذانی Motalebi GalgezaniIn cases where in a complex with multiple stakeholders, heavy damage occurs in the occurrence of honor and by causing less damage, heavy damage can be prevented, the compensation of this damage is less on all stakeholders, which is called joint damage. In this research, MoreIn cases where in a complex with multiple stakeholders, heavy damage occurs in the occurrence of honor and by causing less damage, heavy damage can be prevented, the compensation of this damage is less on all stakeholders, which is called joint damage. In this research, the jurisprudential and legal nature of this type of lawsuit has been studied. This study was conducted to investigate the jurisprudential and legal nature of preventive claims. This research has been done by descriptive-analytical method with the tool of collecting filing materials. In our country, this type of damage is mentioned only in maritime law and is not explicitly mentioned in other similar matters. In Western countries, especially in the French legal system, the principle of joint damages is recognized. Jurisprudential principles based on the rule of no harm and repulsion of corruption, have accepted this rule and all stakeholders share in the compensation according to the extent of their interests. In the current silence of the law, there is a need to recognize this type of damage in all civil matters under Article 167 of the Constitution. Manuscript profile -
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58 - An Evaluation of Feasibility of Consensualization of the Effects and Rulings for Dissolution of Marriage from the Perspective of Islamic Jurisprudence and Iranian Legal System
Seyedeh Tahereh Seyed Naseredini Ebrahim Yaghouti (Corresponding Author) Zahra FehrestiIn consensual divorce, the husband and wife can agree on matters such as Mahriyeh, alimony, dowry and custody of children and then separate. In addition to the custody of the children, they must also agree on the meeting of the children with their parents after the divo MoreIn consensual divorce, the husband and wife can agree on matters such as Mahriyeh, alimony, dowry and custody of children and then separate. In addition to the custody of the children, they must also agree on the meeting of the children with their parents after the divorce. In the evaluation of feasibility of agreeing on the effects and rulings of marriage dissolution, the main question is whether what is agreed upon is a right or a ruling or both? In fact, there are cases where the ruling or their rightness is doubtful. If the example in question is a ruling, it is not possible to agree against it, but if it is a right, it is possible to agree against it, and if the right is shared by both parties, the prevailing aspect of the ruling or the right must be clarified Manuscript profile -
Open Access Article
59 - Analysis of hardship as judicial divorce foundation
Alireza Bariklou Zahra Sadat Rasi VaraeiThe main purpose of this dissertation is to Analyze of judicial divorce foundation to check the defects. Hence, judicial divorce foundation should be in a way that it is according to legal standards and the protection of women's rights and supports the foundation of the MoreThe main purpose of this dissertation is to Analyze of judicial divorce foundation to check the defects. Hence, judicial divorce foundation should be in a way that it is according to legal standards and the protection of women's rights and supports the foundation of the family. Finally, it was concluded that the 'asr va haraj (hardship and harm) mentioned in verses of Holy Quran and narrations cannot be a general rule, but the rejection of haraj or harm was more justification for the judgments. Also, its application in the family ground leads to an increase divorce in society, which is inconsistent with both religious standards and social policy. Therefore, according to necessity of supporting the wife, the necessity of accordance with religious standards, And also support in the principle of family solidarity, the husband's requirement for enact duties and the rule of "the governor is legal guardian for refuse" are more appropriate. Manuscript profile -
Open Access Article
60 - The application of reason in Ibn Edris’s jurisprudence
Daryoush BekhradianA review of the works of religious scholars shows us their ways of argument to find religious rules. Ibn Edris is one of the jurists who only relies on the facts that are attainable through reasoning such as the book, the tradition, the consensus, and reason. Therefore, MoreA review of the works of religious scholars shows us their ways of argument to find religious rules. Ibn Edris is one of the jurists who only relies on the facts that are attainable through reasoning such as the book, the tradition, the consensus, and reason. Therefore, he accepts reason as an independent element and as one of the sources where the three other sources are not available. He introduces reason as a way to achieve religious laws and certainty. Although, he sees reason as an independent argument, he does not clarify his perception of reason, the limits, and applications, which widens the borders of reason. Through examining the instances of using reason in his works, we can conclude that reason from his viewpoint even encompasses verbal aspects such as tone and laws of practice. From his viewpoint, reason is attainable directly or sometimes through a statement, both of which are considered as a proof. Manuscript profile -
Open Access Article
61 - A Comparative Study of the Refugee Admission Pattern by the Islamic Government and Western States
Esmail Ragheb Babaii Hojatollah Salimi Torkamani, Saleh Rezaii PishRobat Hossein RostamzadAsylum in another country has a history for various reasons. Although our country, Iran, has a smaller population of asylum seekers than other Western countries, it still receives a large number of foreign nationals. This analytical-descriptive study seeks to examine th MoreAsylum in another country has a history for various reasons. Although our country, Iran, has a smaller population of asylum seekers than other Western countries, it still receives a large number of foreign nationals. This analytical-descriptive study seeks to examine the practice of the Islamic Republic of Iran in dealing with refugees, while comparing with the Western practice of this action. It was concluded that the Western practice of accepting refugees through unconventional sexual behavior is incompatible with the principles of health security as well as the responsibility of protecting the family. Acceptance due to political problems is considered a violation of the principle of neutrality, which is specified in the custom of international law. Admission through conversion has largely become a means of accepting asylum without the conditions of entitlement. However, the Islamic Republic of Iran, based on the principles of Velayat-e-Faqih, has accepted refugees from other countries in the framework of supporting the oppressed, and at the same time has always observed the principle of neutrality. International law sources oblige countries to prohibit arbitrary deprivation of citizenship, so there is no specific requirement for countries to grant citizenship, and the Islamic Republic of Iran cannot be criticized for not granting citizenship to Afghan citizens, due to the country's economic problems. Is to distribute job opportunities with the necessary measures, in which case the restrictions imposed are in line with international standards. Manuscript profile -
Open Access Article
62 - A comparative study of trickery, examples and solutions to deal with it in foreign jurisprudence and Iranian law
dawood Nasiran Babak Mohammadi Ghahfarokhi Masoud ShiraniTrick in Imamiyyah jurisprudence means to reach the desired Shariah and legitimate goal, whether the way to reach it is lawful or the said way itself is illegitimate, and trickery in Sunni jurisprudence means resorting to permissible ways to perform a forbidden act or c MoreTrick in Imamiyyah jurisprudence means to reach the desired Shariah and legitimate goal, whether the way to reach it is lawful or the said way itself is illegitimate, and trickery in Sunni jurisprudence means resorting to permissible ways to perform a forbidden act or cancel an obligatory one or Invalidating the right or proving the wrong, which are the ways to escape from the forbidden and to achieve the lawful and trickery in the terminology of Iranian law means the ability to use the silence or summary of the law in order to acquire the right for the unjust by ways that are against the nature of the law, these different definitions cause The difference is in the examples of trickery and consequently the strategies to deal with it. The present research is carried out in a descriptive-analytical way and aims to answer questions such as: "What are the tricks, examples and solutions to deal with them in Iranian jurisprudence and law?". Examples of trickery in Imami jurisprudence are divided into three categories: examples of real positive and legitimate trickery, examples of true negative and reprehensible trickery, examples of fake trickery. Iranian law can be divided into two parts; He divided examples of tricks that violate formal laws and examples of tricks that violate substantive laws. In Imami jurisprudence, there is no countermeasure for permissible tricks, but two solutions have been proposed for forbidden tricks; The moral solution is piety, and the jurisprudential solution is the ruling on sanctity, and in Sunni jurisprudence, the only way to deal with the trick of obeying the jurisprudence ruling is by citing the evidence of the Qur'an and narration. Strategies to deal with trickery in Iranian law include: theory of motivation or direction; Good faith theory; the theory of preventing Manuscript profile -
Open Access Article
63 - The role and authority of the judge in civil liability lawsuits, from the point of view of jurisprudence and subject law and its comparison with French law
Saied Farzaneh AliAbbas Hayati Faramarz BagherAbadiThe issue of compensation is one of the most important legal issues. In this research, the role and authority of the judge in civil liability lawsuits from the point of view of jurisprudence and subject law and its comparison with French law have been carried out in thi MoreThe issue of compensation is one of the most important legal issues. In this research, the role and authority of the judge in civil liability lawsuits from the point of view of jurisprudence and subject law and its comparison with French law have been carried out in this research using analytical-descriptive method. It was concluded that judicial systems are divided into different legal systems. The role of the court is different in each legal system. In this way, in the system of accusatory proceedings, the civil lawsuit belongs to the litigants and the judge is only a passive member who cannot play a role other than issuing a verdict based on the reasons presented by the parties. This is while in the investigative judicial system, the role of the judge is active in proving the claim, in civil liability claims, the role of the judge is more active and significant than the involved claims, and this activeness in ascertaining the elements of civil liability and interpreting it, choosing the method of compensation, The basic description of responsibility, mitigation, aggravation and adjustment of damage, change of sentence, etc. appears, which can sometimes and seemingly go beyond neutrality and take on the aspect of protection (of the victim). According to the amendment of the rule prohibiting the acquisition of evidence, the authority of the judge in changing the sentence and damages can be considered limited, and the role of judicial experts in determining the actual damages is undeniable. Manuscript profile -
Open Access Article
64 - A Comparative Study of Trickery, Examples and Ways to Deal with it in Imamiya Jurisprudence and Iranian and French Law
Babak Mohammadi Ghahfarokhi Davoud Nasiran (corresponding author) Masud ShiraniA trick in jurisprudence means to achieve the desired religious legal and legitimate goal; whether the way to reach it is halal or the said way is religiously illegitimate. In the term of Iranian law, it means the ability to use the silence or summary of the law in orde MoreA trick in jurisprudence means to achieve the desired religious legal and legitimate goal; whether the way to reach it is halal or the said way is religiously illegitimate. In the term of Iranian law, it means the ability to use the silence or summary of the law in order to acquire rights for the unjust in ways that are against the nature of the law, and in the term of French law, it means a shrewd act in which, by using the hidden defects of the law, a person seeks to perform a seemingly legal act. These different definitions have caused differences in examples of trickery and of course the solutions to deal with it. The present study is carried out through a descriptive-analytical method and tries to answer questions such as "What is the trick, examples and solutions to deal with it in Imamiya jurisprudence, Iranian and French law?" Examples of trickery in Imamiya jurisprudence are divided into three categories: Examples of real positive and legitimate tricks; examples of real negative and reprehensible tricks; Examples of formal tricks. Examples of tricks in Iranian and French laws can be divided into two parts: examples of tricks that violate formal laws and examples of tricks that violate substantive laws. In Imamiya jurisprudence, there is no countermeasure for permissible tricks, but two solutions are proposed for haram (forbidden) tricks including the moral solution that means piety and the jurisprudential solution which means ruling on being haram (forbidden). The solutions to deal with trickery in Iranian law are the theory of motive or direction; the theory of good faith; the theory of preventing the abuse of the right; the theory of public order; the principle of compliance of the contract with the intention; the base of the arms; the principle of Sad Zaraye (avoiding doing harms), the principle of “Yu’amil al-Mukalaf bi Naqiz Maqsoudah”. Regarding the solutions to deal with trickery in French law, it is possible to refer to the strategies including implementing the laws of the European Union, establishing various institutions to fight trickery and fraud, identifying points covered by the law by digital technologies, determining case and subject laws, determining the punishment in the criminal laws. Manuscript profile -
Open Access Article
65 - Islamic Teachings and Decriminalization
Mohammad Ghaffari Rahim NobaharAbstract: This article tries to shed light on some Islamic foundations and concepts ‎according to which decriminalization becomes either permissible or necessary. Among ‎those foundations is insistence of Islamic teachings on different rights and freedoms of &lr MoreAbstract: This article tries to shed light on some Islamic foundations and concepts ‎according to which decriminalization becomes either permissible or necessary. Among ‎those foundations is insistence of Islamic teachings on different rights and freedoms of ‎citizens and particularly those return to their privacy. Islamic teachings also insist ‎promotion of good and virtue through free choosing of citizens rather than coercive ‎and external bans and restrictions. This approach, in its turn, requires a minimalistic ‎criminalization and occasionally decriminalization. Sometimes, experimental findings ‎achieved from criminalization suggest decriminalization. Religiously, these experiments ‎are valuable and cannot be belittled or ignored. Decriminalization in its Islamic reading, ‎however, in no way, consists with removal of blame from behaviours which are ‎religiously condemned and evaluated as evil. What is religiously assumed as vice cannot ‎be normalized or destigmatized. However, since criminalization follows some practical ‎considerations, every single evil is not, necessarily, a crime. Moreover, fighting evils is ‎not limited to criminalization or insistence on keeping a behaviour criminal.‎Keywords: Islamic criminal law, criminalization, social control, taʿzirāat, Ultima Ratio ‎principle.‎ Manuscript profile -
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66 - A Jurisprudential Explanation of Marriage without Verbal Aqd (Mu’atati) from Imam Khomeini's Point of View
Ahmad Rastgordani Mahmoud Qayoumzadeh (Corresponding Author) Mohammad Rasoul AhangaranMu’atati marriage is one of the challenging and important issues in family jurisprudence. Some jurists, accepting the point that words are not relevant in the fulfillment of demand and acceptance, have claimed the validity of the marriage of mu’atati, but mo MoreMu’atati marriage is one of the challenging and important issues in family jurisprudence. Some jurists, accepting the point that words are not relevant in the fulfillment of demand and acceptance, have claimed the validity of the marriage of mu’atati, but most jurists believe that such a marriage contract (Aqd) is not valid, which was stated by Imam Khomeini. It seems that despite the verses and hadiths, the consensus and the sirah (lifestyle) of Muslims, the view of most jurists is more valid. From the point of view of Imam Khomeini, the requirement of the principle of Mu’atat in every marriage and Iqaa (Those pronouncements which do not require participation of two parties) is that its composition should be turned into the deed. Because the deed, like the word, is a means of valid creation and iqaa. As a result, in this article, the jurisprudential explanation of marriage without a verbal contract (mu’atati) was dealt with from the point of view of Imam Khomeini. For this purpose, the validity of mu’atati marriage has been analyzed by descriptive analytical method and in line with the investigation of this issue, taking into account the views of Imam Khomeini and other jurists. Manuscript profile -
Open Access Article
67 - Investigating the dominant domain (warning) in the law
Parviz Akbari Asghar ArabianThe irrational rule (alert) is derived from one of Ali's ('a) judgments, which is mentioned in a narration from Imam Sadiq (AS), "The Height of My Commander Aware," that is, the one who warns against the excusable guarantor. Accordingly, before giving a harmful act, the MoreThe irrational rule (alert) is derived from one of Ali's ('a) judgments, which is mentioned in a narration from Imam Sadiq (AS), "The Height of My Commander Aware," that is, the one who warns against the excusable guarantor. Accordingly, before giving a harmful act, the warner and awareness required to escape the danger, the warner will be exempted from liability if he or she does not care about the arrival of the damage. This jurisprudential rule, which is in fact one of the guilty parties, is proven by rational and convincing reasons that many scholars have investigated. But the basic thrust of this paper is to what extent is the scope and scope of this rule? By reviewing the jurisprudential and legal writings and legal and analytical and descriptive methods and using library tools in order to reveal this scope, we will review the scope of the application of this rule in a variety of domestic and foreign domestic and international obligations. Manuscript profile -
Open Access Article
68 - The Principle of the Possibility of Compensation of All Damages
Mehdi khadem Sarbakhsh Hedayatollah Soltani NejadOne of the basic principles of civil liability law accepted by some jurists and legal systems is “The Principle of the possibility Compensate for the Loss” or “the Principle of the Principle of the possibility of compensation of all damages.” Thi MoreOne of the basic principles of civil liability law accepted by some jurists and legal systems is “The Principle of the possibility Compensate for the Loss” or “the Principle of the Principle of the possibility of compensation of all damages.” This principle, accepted in French law and widely welcomed in Iranian law doctrine, is not older than a century and encounters much denial and doubt in many legal systems.In religious jurisprudence, too, many jurists have supported this principle and on the basis of “The Rule of No Loss” have considered it a definite religious principle. On the contrary, some famous religious jurists have shown disagreement with this principle and have not accepted it. This article concluded that although “The Principle of the Necessity to Compensate for All Losses” cannot be considered a definite religious one, accepting it does not face any religious hurdles. Manuscript profile -
Open Access Article
69 - A Criticism on the Implementation of Financial Condemnation from the Jurisprudence Point of View
Salman Ahmadi Alireza AminiIn the course of studying and reforming, the law of the method of implementing financial condemnation was discussed in parliament in 2014 and it was ratified by the Assembly of Recognizing the Benefit of the state after going through legal process. This thesis studied t MoreIn the course of studying and reforming, the law of the method of implementing financial condemnation was discussed in parliament in 2014 and it was ratified by the Assembly of Recognizing the Benefit of the state after going through legal process. This thesis studied the mentioned law and contrasted it with juridical foundations and concluded that its benefits related to more attention to juridical foundations; cases such as differentiating debtors with regard to their previous record, reducing imprisonment, the method of offering binet, suggesting the ways of providing the backgrounds for employment, and so on. This study found some shortcomings of this law that relate to ignoring the predictions of jurisprudence for ending the struggle between debtors and creditors. These shortcomings include not forcing the debtor to work and make money, not considering a portion of charity to help poor debtors. Moreover, there were some ambiguities in the sentences of the law that were studied in this thesis. However, it was a very useful effort and attempt in reforming the previous law. Manuscript profile -
Open Access Article
70 - Developments and Innovations Family Protection Law 1391 in the Dowry
Mohammadreza Abbasifard Behzad Ahangari Hassan Pashazadeh Hadi BehzadiWith the adoption of Article22 of the Family supportAct 1391, the ceiling was determined for dowry. With this explanation that dowry more than 110 is depending on the couple's wealth that the wife must prove her legal rights and less than 110 coinscovered by MoreWith the adoption of Article22 of the Family supportAct 1391, the ceiling was determined for dowry. With this explanation that dowry more than 110 is depending on the couple's wealth that the wife must prove her legal rights and less than 110 coinscovered by Article 2 implementation of the Financial convictions law that amendment to Article 18 of the Executive Regulations, the principle is the impossibility of husband imprisonment unless wife can prove financial ability of the husband that in the case of non-payment of dowry followed with his sentence, even if do not accept to deleted man arrested until 110 coins (Article 2implementation of the Financial convictions law). The man could provide insolvency petition and proof of hardship to be released from detention that in this case, the wife will not attain to dowry, too. So it seems that the new law not only does not help to solve the dowry cash but also destroyed few legal protections of wife. If we accept the cash dowry in our law, problems such as heavy dowry of it by wife will remain unchanged. Manuscript profile -
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71 - The survey of the prohibition and lawfulness theories about surrogacy in Imamites
Vahid Zarei SharifThis writing investigates the prescriptive judgement about surrogacy forwhich four theories are found including: permission, prohibition, apparentexemption and lawfulness. The said theories are based on the validImamites references. Those who believe in prohibition argu MoreThis writing investigates the prescriptive judgement about surrogacy forwhich four theories are found including: permission, prohibition, apparentexemption and lawfulness. The said theories are based on the validImamites references. Those who believe in prohibition argue thatsurrogacy is illegal. They refer to sermons and arguments, and believe inthe necessity of keeping the pudendum safe, or taking care of if, also, theyargue about the prohibition of putting sperm in the others, wombs andthey think the kinship should be prevented, too. Some jurisprudentsbelieve in its being lawful based on permission and exemption principles.The fourth theory calls it contingent jast as a medical treatment and underspecific conditions. Having investigated the afore-mentioned theories andthe Imamites. Jurisprudents, beliefs and same dependable reasanings, weare led to believe that none of the sermons and narrations aboutprohibition believes in surrogacy and the third theory which is about theexemption, despite the existence of real prevention, is not clear-cut. Thelast theory has no investigatory basis, as it deals with public permission, ifneeded, and also because it presents no independent theory aboutsurrogacy. As a result, in this survey, we will be led to the second theory,that is, the lawfulness based on the real permission. Manuscript profile -
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72 - A Consideration on the Problem of Legislator Silence
Reza Ranjbar Rahim VakilzadeThe discussion of silence of law maker has deeply connected to thesubject of sources of orderes inference. If we regard the reason andmethods of rationalists as a orderes source , we can not claim thatthere are all orderes , generally and particularly , in Quran andTrad MoreThe discussion of silence of law maker has deeply connected to thesubject of sources of orderes inference. If we regard the reason andmethods of rationalists as a orderes source , we can not claim thatthere are all orderes , generally and particularly , in Quran andTradition (sunah) , but we see that in addition to holy scripture andtradition, The reason is regarded not only as a instrument of holyscripture and tradition understanding , but also as a sourse of issuingorderes that human societies need them. This thesis can provide thesituation for dialog and harmony of science and religion. If oneregard holy scripture and tradition as a only valid source of ordersinference and on the other hand claims that the religion can satisfyall needs and demands of humanity and that Islam is final religion,Then he will deny the silence of law maker and believes that allmatters and subjects have their own canonical orders. There aredifferent views concerning this matter. A group believe theinclusivness and self-sufficiency of holy scripture and tradition insatisfiny of all humanity needs and demands. And another grouphas not accepted such a inclusiveness and self-sufficiency. Thirdgroup has accepted middle and moderate view. We claim in thisessay that the third view namely middle view is closer to the truth. Manuscript profile -
Open Access Article
73 - Punishment of suicide based on rule of "ta'zir for all forbidden deeds" in Iranian law, tWith an approach to Islamic jurisprudence
mohamadhossein Daneshfar Masoud Heidari Mahmood Malmir Mahmood AshrafiSuicide is contrary to nature and is strictly forbidden in Islam. The main question of the research is the possibility of determining the ta'zir punishment for a person who commits unsuccessful suicide according to the rule of "ta'zir for all forbidden acts". In the law MoreSuicide is contrary to nature and is strictly forbidden in Islam. The main question of the research is the possibility of determining the ta'zir punishment for a person who commits unsuccessful suicide according to the rule of "ta'zir for all forbidden acts". In the law, only the punishment of the deputy for suicide through media and telecommunication tools has been dealt with, and the punishment of imprisonment from 91 days to 1 year or a fine from five million rials to twenty million rials or both punishments is considered for the offender. Considering that it is not criminalized in the Islamic Penal Code and according to Article 1 of the Penal Code and the twenty-twenty-second and thirty-fourth principles of the Constitution, it is possible to determine the punishment for suicide based on the rule of "ta'zir for all forbidden acts". The jurisprudence of the five religions can be determined as an appropriate punishment according to the person and the act performed. The present research has been done in a descriptive-analytical method and has found that individuals are punished with ta'zir punishments or appropriate security and training measures such as; Advice by the judge of the court, warning and warning or obtaining a written commitment sentenced not to repeat the crime, imprisonment, corporal punishment, etc. Manuscript profile -
Open Access Article
74 - The Transaction of Tobacco Products in Jurisprudence
Reza SheikholislamiThe jurists have been deliberating on its selling and smoking, and of course there has not been any agreement among them in this regard. This research considers the relevant jurisprudence evidences and principles comprehensively. The main point is that buying and sellin MoreThe jurists have been deliberating on its selling and smoking, and of course there has not been any agreement among them in this regard. This research considers the relevant jurisprudence evidences and principles comprehensively. The main point is that buying and selling the filthy (najes) and useless goods, and those which play any role in “sin commitment” are prohibited in Islam, so some jurists claim that the transaction of tobacco products is forbidden, while the others believe it is lawful because the pictures on cigarettes’ pockets warn smokers. It concludes that the important factor which played and plays fundamental role in Islamic commandments about smoking is “customary low” (Orf) and so the jurists must consider all the aspects of the problem. Manuscript profile -
Open Access Article
75 - Effect of Ignorance of the Law in Criminal Responsibility According To the Imami Jurisprudence
Sayed Doraid Mousavi Mojab Mahdi MohammadiOne of the conditions of penalties, besides criminal behavior, is the authentication of criminal situation in a way we can attribute this action to its doer. This criminal capacity has two principles: knowledge and free will. If the doer is unaware to the law, it is cal MoreOne of the conditions of penalties, besides criminal behavior, is the authentication of criminal situation in a way we can attribute this action to its doer. This criminal capacity has two principles: knowledge and free will. If the doer is unaware to the law, it is called "Ignorance of Law", which has four kinds: intentional delinquent ignorance, non-intentional delinquent ignorance, intentional non- delinquent ignorance, and non-intentional non- delinquent ignorance. Considering the authentication of criminal situation, it can be said that ignorance of law removes criminal responsibility. According to the Islamic rules, non-intentional ignorance of law removes any kind of criminal responsibility. Manuscript profile -
Open Access Article
76 - Legal Position of Changing Sex in Iranian Law and Common Law System
Amir Rezaee Foomani Sayed Mohammad Reza AyatiTranssexualism is one of the most challenging social phenomenon in the world. Some of the people consider it as an abnormal behavior and some of the physicians think of it as a disease that must be cured. There are some methods for its treatment the most important of th MoreTranssexualism is one of the most challenging social phenomenon in the world. Some of the people consider it as an abnormal behavior and some of the physicians think of it as a disease that must be cured. There are some methods for its treatment the most important of them is changing sexuality through surgery.Since Law seeks to control the social relations, the position of law as to this problem must become clear. So the vital question is: what is our legal system’s response? In this paper, after difining changing sexuality legally and medically and explaining jurisprudential and legal opinions, I conclude that in Iranian legal system in the case of necessity the judge can permit changing sexuality. Manuscript profile -
Open Access Article
77 - Intoxication and It's Effect on the Intoxicated's Conducts Rules in Islamic Jurisprudence
Jalal Alavi Naser MarivaniIn Islamic jurisprudence giving obligation to drunkens acts andcorrectness of wordly and deedly acts and it's athari waz`y this acts,is an arguable subject between usulin and jurists. While usulian tolean on principals such as understanding abilities of duties fromrequi MoreIn Islamic jurisprudence giving obligation to drunkens acts andcorrectness of wordly and deedly acts and it's athari waz`y this acts,is an arguable subject between usulin and jurists. While usulian tolean on principals such as understanding abilities of duties fromrequired; and by comparison of asleep, neglegant and mad, agreewith not giving obligation to drunk acts and especially according tokhitab al-waz` view, by analysis problem to causation, intoxicatedshould be responsible for the results of their deeds and wards.Majority of jurists by refereeing to rules such as" al-aimtnae` bilakhtyarla yanafai al-akhtyar" related to delibratly drunk, say thatintoxication cann't be an abstacle to giving obligation and drunk andsober are equal in giving obligation. Deliberated drunk is someonewho without having one of the legal excuses such as reluctance,necessity, ignorance; deliberately drink with awareness.From the view point of majority jurists, such person for havingfreewill and awareness in becoming intoxication and also forcommitting legal prohibition, would be recompand to punishmentand results of his/her acts. Opposed to, undelibrated drunk whohis/her intoxication is allowable and it is legal excuses. Such person People healthy and their lineage pure and original. In this case,Iranian and Egyptian legislators by counting some of the instancesof permenant prohibition of marriage in law text, have beenemphasized on it. Manuscript profile -
Open Access Article
78 - Reviewing the Jurisprudential Fundamentals of Traffic Accidents
Daryoush Bekhradian Raziye Attar Ehsan AliakbariThe progress of human societies and development of software and not regarding laws and incorrect use of the equipment is causing traffic accidents now a day. Due to increased accidents causing damage to life and property, in this research, citing legal position MoreThe progress of human societies and development of software and not regarding laws and incorrect use of the equipment is causing traffic accidents now a day. Due to increased accidents causing damage to life and property, in this research, citing legal position of the Quran, Sunnah, the intellect and the legal rules of the accidents caused by non-compliance with driving rules. Finally in this paper the view point of the law and jurisprudence surrounding the accident is well represented. Manuscript profile -
Open Access Article
79 - Criminalizing by Quran and Rationality
Vahab DaneshPazhouCriminalization is a process whereby legislators with regard to the basic norms and values of society and relying on its foundations; prohibit behaviors anddetermines criminal sanctions for them. The Quran also commands norms for managing individual and society, and p MoreCriminalization is a process whereby legislators with regard to the basic norms and values of society and relying on its foundations; prohibit behaviors anddetermines criminal sanctions for them. The Quran also commands norms for managing individual and society, and protect the human value and criminalized behaviors detrimental to the fundamental interests of the masses. Criminalization of the Koran is assessable in support of human values and fundamental interests of society that story ofconsistent with the Rationality and compliance with human rights. Manuscript profile -
Open Access Article
80 - Comparative Study of Role of Jurisprudence in Realization of Judicial and Economic Security in Iranian Law and Egyptian Law
Gholam Ali Seifi Zinab Rima AmiraghdamJudicial and economic security appliances are preparations of an efficient legal system. The main principle of legal security arises as it eliminates the stability of the legal system and has a long history. Islamic law as our strong root of law gives many examples of t MoreJudicial and economic security appliances are preparations of an efficient legal system. The main principle of legal security arises as it eliminates the stability of the legal system and has a long history. Islamic law as our strong root of law gives many examples of this principle. The main stage in the judicial system is an activity that we call it judgment. Jurisprudence due to important factors such as independence of judges, respect for acquired rights, common understanding of the law, without discrimination performance has a very important role in the realization of judicial security. The realization of economic security when interpretation of the law is not comply with social and economic realities due to the long process of change and reform of law, jurisprudence can provide an interpretation consistent with the realities of that time and meet the purpose of legal rules to achieve “efficiency”, So important role in achieving it. In this paper, legal security and economic concepts and the role of jurisprudence in their realization with comparative study in the Iranian law and Egyptian law to be examined. Manuscript profile -
Open Access Article
81 - Theories Concerning the Commencement and Close of Childhood in Islamic Law
Seyd Abolghasem NaghibiInadequate physical, intellectual, and mental growth of a child requiresthe necessity of his extraordinary protection as an undeniable principleadopted in different legal systems. Thus, it is necessary to know thecommencement of childhood which brings about this legal p MoreInadequate physical, intellectual, and mental growth of a child requiresthe necessity of his extraordinary protection as an undeniable principleadopted in different legal systems. Thus, it is necessary to know thecommencement of childhood which brings about this legal protection.Experts in law have raised three theories concerning the commencementof childhood. They are as follows:1. Birth of foetus alive2. Capability to live on its own out of the whomb or in the laboratory3. Formation and development of spermAuthentic and frequently – quoted Hadiths indicate that a foetus bornalive is entitled to inheritance. So the first theory can be established on thegrounds of these Hadiths.Quranic verses and traditions (Hadiths) identify puberty – the stage inwhich sexual organs are capable of reproduction – as the criterion oftermination of childhood. Nevertheless, child’s property should not beentrusted to him after puberty unless his mental qualification (Rushd) isestablished. Thus, mental qualification is also necessary to reach the stage oftermination of childhood in financial affairs Manuscript profile -
Open Access Article
82 - Approaches and mechanisms of Practicing Ethical Rules in “Protection of Family“ Bill
seyd Abolghasem NaghibiFamily is the most essential and the most important human beinggroup with the longest historical record. Love of wife and husbandtoward each other and the affection of parents towards children arethe origin of the formation of the first social institution each ofwhose m MoreFamily is the most essential and the most important human beinggroup with the longest historical record. Love of wife and husbandtoward each other and the affection of parents towards children arethe origin of the formation of the first social institution each ofwhose members experience ethical and legal solidarity preparingthemselves for entering the society. Wife and husband minglemorality with love in order to pave the ground for promoting thelevel of the quality of their emotional life and provide anatmosphere rich in unity and solidarity towards physical andspiritual growth of children. Thus ethical teachings should beconsidered the most important source for the dynamism of thefamily governing the emotional and social relations of its members.Some of ethical rules and teachings have gradually been manifestedas legal rules. The duty of spouses in good behavior and associationand their collaboration towards strengthening the foundations of thefamily and bringing up children is a legal proposition manifested inthe context of the development of ethical rules. The influence ofethics on the legal rules of family law is so wide and deep thatethics should not only be considered as the constituent elements offamily law, but it may be considered first and the foremost in thisfield. Ethical rules play their role in strengthening the foundationsof family to the same extent that they have a role in its formation.Thus ethical rules are a support for the protection of familyinstitution. Recommendation to peace and reconciliation throughfamily counseling centers and the institution of arbitration,implementing justice between the wives, separation and divorce ina moral way, are among the ethical approaches in the “protection offamily “bill. Implementation of ethical rules and principles in caseof a legal vacuum, provision of specialized prosecutors office of thefamily , family police, and the institution of family social workersfamiliar with ethical and social skills are among the mechanisms ofinstitutionalization of ethical obligations absent in the protection offamily bill. Manuscript profile -
Open Access Article
83 - Analyzing after Death Commitments from Iranian Law Perspective
Sayed Mohamad Hosayn Kazemi Bazardehi Aabasali Soltani Hosayn Naseri MoghadamAfter his human life, committed to issues that are important. Issues such as: money, blood money, borrowed and ... In each place, there is a variety of topics. Human obligations after his death, is acceptable to retribution and utter commitment, and this is impossible. MoreAfter his human life, committed to issues that are important. Issues such as: money, blood money, borrowed and ... In each place, there is a variety of topics. Human obligations after his death, is acceptable to retribution and utter commitment, and this is impossible. Islamic law and jurisprudence in regard to this issue and in different positions directly and indirectly, various discussions have taken place around it. Research accomplishments include: tribute to the dedication and commitment of financial and nonfinancial of dead is acceptable to retribution and utter commitment the neck, it is possible and focus on civil law. Manuscript profile -
Open Access Article
84 - The effect of corporate governance bylaw of Tehran Stock Exchange on earnings management
زهرا پورزمانی محمدرضا اولی جواد عبدالهیانAbstractIn late 1386, Tehran Stock Exchange adopted new regulations regard to corporategovernance called corporate governance bylaws. Subject of this study is to review the effectof implementation of these regulations on earnings management on listed companies ofTehran MoreAbstractIn late 1386, Tehran Stock Exchange adopted new regulations regard to corporategovernance called corporate governance bylaws. Subject of this study is to review the effectof implementation of these regulations on earnings management on listed companies ofTehran Stock Exchange. To do this, required information of 133 listed companies, by usingcross-sectional analysis, for fiscal years 1385 and 1388 was collected. The relationshipbetween earnings management and corporate governance mechanisms stated in the bylawswere analyzed by using multivariate regression model. The results show that following theadoption of corporate governance regulations, board independence has improved, sinceimproving the level of board independency is associated with lower levels of earningsmanagement. This study also provides evidence that the separation between the role of CEO,and Chairman, as well as stock ownership of inside directors have no significant relationshipwith earnings management. According to the survey results to increase the effectivenessof the regulations as a regulatory tool in the capital market, it is proposed that the Regulationsof the company become a law in Iran to benefit from stronger performance guarantees. Manuscript profile -
Open Access Article
85 - Explaining combined incentive contracts’ choices: Clawback contracts
Sasan Mehrani Mohsen MotmaenThis study explains the individual’s behavior toward profits and losses contained in differently framed combined incentive contracts. Individual’s risk preferences and loss preferences are measured using Holt and Laury (2002) measure of risk aversion and Bri MoreThis study explains the individual’s behavior toward profits and losses contained in differently framed combined incentive contracts. Individual’s risk preferences and loss preferences are measured using Holt and Laury (2002) measure of risk aversion and Brink and Rankin (2013) measure of loss aversion, respectively. The last measure was adjusted with compensation characteristics in Iran. The relationship between these preferences and individual’s behavior under economically equivalent contracts of different frames is examined using experiment. Participating 92 subjects as well as conducting four separate experiments, the result indicated that there is a negative relationship between loss aversion and accepatance of contracts which have penalty component. Also, subjects preferred the first clawback contract (bonus>penalty) rather than the second clawback contract (bonus<penalty). In other words, contracts framing as well as endowment effect play a vital role in individual choices. Failure of common economic theories in explaining of individual behavior is confirmed in this study. Manuscript profile -
Open Access Article
86 - Factors affecting the tax culture from the perspective of taxpayers and tax experts VAT Office in Tehran
Mohammad Masihi Aboulghasem Mohammad nejad alizaminiIntroduction and Objective: Identify factors affecting the tax culture and solutions toimprove itMethod: The method used in this study is applicable, the type of data, quantitative and themethod of data collection, descriptive and correlational. Structural equation mode MoreIntroduction and Objective: Identify factors affecting the tax culture and solutions toimprove itMethod: The method used in this study is applicable, the type of data, quantitative and themethod of data collection, descriptive and correlational. Structural equation modeling (SEM)method for the analysis of the conceptual model is based on the research data analysissoftware LISREL 8. In two parts: confirmatory factor analysis (CFA) and structural model. Inthe first part, the technical characteristics of the questionnaire with the reliability index,converged check and the second part of the structural coefficients were used to investigateour hypothesisFindings: The results show that one of the obstacles to the realization of income tax is thetax culture. Based on the results of familiarity with the rules, understand the people on theproper implementation of laws, a person familiar with the preferences, the process ofcollection, preservation and protection of the enforcement of law and respect of clients andtheir makers is an important issue affecting the formation of tax culture. The findings alsoshow that tax payers and law-makers do their job activities to be very important and equalmoral and religious values and tax crimes and violations of national and international knowthere's fitness taxConclusions: Our results indicate the positive and significant impact of knowledge of taxpayers satisfaction, job satisfaction, tax agents, will govern and, rule of law enforced onorganizational culture Manuscript profile -
Open Access Article
87 - Pathology of the lack of Child Labour Elimination & Presenting a Proper Model
دکتر مراد کردیThis research aims to study the pathology of the lack of child labour elimination &present a proper model to help execute this law. This research recognizes theeconomical factor to be the most effective factor on the execution of law in this regardamong all other fa MoreThis research aims to study the pathology of the lack of child labour elimination &present a proper model to help execute this law. This research recognizes theeconomical factor to be the most effective factor on the execution of law in this regardamong all other factors of organizational & management factor, social factor, legalfactor, and cultural factor. The researcher has studied the scale of Interaction of theaforementioned factors using factor analysis. Using the results, the researcher haspresented a model for the effective factors of child recruitment. To assay his model,the researcher has gathered data from the experts at the council of social affairsthrough a questionnaire. The research results have shown that the economical factor isthe most effective factor on the execution of law in child recruitment and all otherfactors of organizational & management factor, social factor, legal factor, and culturalfactor come after. Manuscript profile -
Open Access Article
88 - Social Thought and Social Responsibility in Imamiyah and Sunni Jurisprudence
Iraj Charkhchi Naser Marivani محمد علی ضیائیIslamic jurisprudence is responsible for understanding divine laws and responding to human needs in the context of individual and social laws and regulations that specify the general rights of individuals to the community, as well as the proper structure of these relati MoreIslamic jurisprudence is responsible for understanding divine laws and responding to human needs in the context of individual and social laws and regulations that specify the general rights of individuals to the community, as well as the proper structure of these relationships, and rules such as law, loss, discipline. And he remembers your stewardship ... Guarantees are among the most important and controversial topics in the field of law. Most importantly, because it is the most afflicted, and most controversial, in spite of the wide range of opinions and writings on this subject, there are still disagreements. Social thought has been a well-known customary and institutional founding of human societies and its origin is respect for the property, rights, and other matters in which the guarantor is concerned, and thus in all religions and law schools, the general principle of the guarantor notwithstanding. It has been recognized and legitimized and proven in the toys. Therefore, the root of the customary establishment of the guarantee must be traced back to property and other individual and social rights that have been accepted by human beings in all historical periods for the sake of social interest and justice. The product of social institution is the guarantee of social order, security and justice. Assigning a variety of responsibilities is also a new approach to the science of law. Manuscript profile -
Open Access Article
89 - investigating the criminal laws and regulations on children and adolescents in Iranian law and its effect on reducing social harms
sadegh khademi Ali janipour Karam janipourThe purpose of this article is to investigate the impact of criminal laws and regulations on domestic law and its role in reducing social Harmes. The study population is law students in Yasuj and Shiraz, from which 250 people were selected and according to Cochran's for MoreThe purpose of this article is to investigate the impact of criminal laws and regulations on domestic law and its role in reducing social Harmes. The study population is law students in Yasuj and Shiraz, from which 250 people were selected and according to Cochran's formula, 152 people were studied as a sample size by simple random sampling. The method used in this research is quantitative and a questionnaire. The data obtained from the questionnaire are analyzed using SPSS statistical software at two levels.In the first level, it has been analyzed using descriptive statistical methods (frequency, mean and standard deviation) and in the second level, using inferential statistical methods (one-sample t-test). findings show that strict laws such as imprisonment along with deterrent laws and alternative social punishments can play an important role in reducing social harms. In addition, the Office for the Protection of Children's Rights approved in 1399 is a new idea that can play an important role in reducing social harms if appropriate approvals are implemented. In addition, pre- and post-penal repair mechanisms play an important role in reducing social harms. Efforts to reduce social harm through domestic laws and regulations can also provide an indigenous model for reducing this social problem. Manuscript profile -
Open Access Article
90 - The situation of abortion in the current society and the need for preventive measures
Esmat Savadi Nafiseh Fayazbakhsh Zahra HosseinabadiIllegal abortion in Iran is one of the most important social harms, but unfortunately, due to its hidden occurrence, accurate statistics are not available, and this issue has caused the lack of attention of the relevant authorities in related planning. This issue, which MoreIllegal abortion in Iran is one of the most important social harms, but unfortunately, due to its hidden occurrence, accurate statistics are not available, and this issue has caused the lack of attention of the relevant authorities in related planning. This issue, which is one of the major threats to the physical and mental health of the individual, family and community, has grown exponentially over the past ten years. Has studied the jurisprudential and legal aspects of abortion on the one hand and also analyzed the current situation of the country on the other hand and while preparing statistical information, analyzed and examined the very serious damage of this problem on the physical and mental body of society (including: hidden deaths, depression , Suicide, etc.) and considers the need to review the existing laws on abortion and preventive measures, including: implementation of laws related to hijab and chastity and facilitating youth marriage to solve this great social problem. Manuscript profile -
Open Access Article
91 - Urban Development, Urbanization and Citizenship Law
Mehdi Mokhtarpour Soroush FathiThe growth and development of cities and their populations in recent centuries caused a materialisticand moral agglomeration in less developed and developed urban territories. So establishing law and deployingurban disciplines and defining tasks and citizenship law and MoreThe growth and development of cities and their populations in recent centuries caused a materialisticand moral agglomeration in less developed and developed urban territories. So establishing law and deployingurban disciplines and defining tasks and citizenship law and urban governmental rules in order to create andpreserve social cohesion and security were among the urban necessities from traditional to modern agesaccording to time circumstances were in the attention of intellectuals and urban managers. Obeying citizenshiplaw from citizens and answering the citizens’ needs is one of the factors in obtaining regulation and urban socialsecurity. The aim of this study is assessing the urban development and its role on citizenship law among citizensof Tehran with the use of predicative and survey methods. A sample of 400 people was taken with a clustersampling technique. Data collection is done by a researcher made questionnaire and the data are analyzed bydescriptive and inferential statistics.After the evaluation of each relating factor to citizenship law status, the results show that age, education leveland socio-economic base have a significant relation with the level of awareness of citizenship law. So the lifeexperience of people and interaction with others in a social environment and also their socio-economic basewhich pave the way for the development of social interactions, cause people to be aware of their task andcitizenship status. The results also show that there is a significant difference between the level of familiarity andobeying citizenship law among Manuscript profile -
Open Access Article
92 - Studying the Factors Effective on the Social Adaptability of the Transferred Law Enforcement Forces to the Host Society Abstract
Mohsen Abedi Omid Ali Ahmadi Mohammad Hossein Asadi Davoodabadi Increased adaptability of the transferred law enforcement forces to their new place of service as one ofthe methods in management of human resources is effective both on their job performance and decreasedvulnerability of them and their families. Based on this fac More Increased adaptability of the transferred law enforcement forces to their new place of service as one ofthe methods in management of human resources is effective both on their job performance and decreasedvulnerability of them and their families. Based on this fact, the present research studied the factors effective onthe adaptability of the transferred law enforcement forces to the host society. Survey methods was used in theresearch. Based on disproportionate stratified random sampling, the results were gained by analyzingcomplementary questionnaires administered to a statistical sample of 300 individuals selected from the lawenforcement forces transferred to Hormozgan province. The results showed that 68% of the respondents ratedtheir adaptability to the host society low and only 8.3% rated their adaptability high. The results of theregression test confirmed the presented hypotheses. Based on the multivariate regression analysis, the pureeffect of the variable the degree of similarity and congruence between the host society with the society of originis higher than the independent variables. R2 determining factor estimated by regression model showed thatindependent variables explain totally 41% of the changes. Based on the research results, to increase theadaptability of the staff, family consultation with qualified experts, native employment, and organizationalsupport play key roles. Organizational support may include organizational housing, cooperation with otherinstitutions in providing the staff welfare, completing the psychological profile of the individuals andpsychological training and education of the individuals as they and their families may expect. Manuscript profile -
Open Access Article
93 - The Evaluation Women and Family Status in Development Plans in the National Documents
Zahra Samavati Jafar Satvati Mohammad Zerang -
Open Access Article
94 - The Belongings' Law and Collective Action to Use Joint Properties
Mansour Vossoughi Ahmad Mohammadi -
Open Access Article
95 - Urban Development, Urbanization and Citizenship Law
Soroush Fathi Mehdi Mokhtarpour -
Open Access Article
96 - Two Rival Approaches to Problem of Irreversibility
سید رضا ملیح زهرا شجاعیWith the discovery of second law of thermodynamics and the attemptto supervene it on the classical dynamics, the paradox of irreversibilityshowed up for the first time, as the laws of classical dynamics, incontrast to the second law of thermodynamics, were reversible an MoreWith the discovery of second law of thermodynamics and the attemptto supervene it on the classical dynamics, the paradox of irreversibilityshowed up for the first time, as the laws of classical dynamics, incontrast to the second law of thermodynamics, were reversible andsymmetric with respect to time. In this paper, after reviewing theproblem of irreversibility, we pin down two rival approaches to theproblem. The first approach whose pioneer is Ilya Prigogine claims thatirreversibility arises out of dynamical instabilities defined as “disorder”at microscopic level. However, according to the rival theory, which isadvocated by Price and Bricmont, irreversibility at macroscopic levelarises out of specific initial conditions of the world. This is notcontrasted with the notion of irreversibility at microscopic level.Although the two rival theories are completely different with respect totheir theoretical foundations, I will show that one can trace a consensusin a view that reversibility is “practically in principle” impossible. Thisis the term I have coined for the commonality between the two opposedtheories Manuscript profile -
Open Access Article
97 - Laws and Necessity
امیر کرباسی زادهIn this paper, I offer a view of laws as descriptions oranalyses of fundamental dispositions. As analyses of dispositions,laws are metaphysically necessary truths. In the first section Iexplain what I mean by laws being property description. In thesecond section, I cons MoreIn this paper, I offer a view of laws as descriptions oranalyses of fundamental dispositions. As analyses of dispositions,laws are metaphysically necessary truths. In the first section Iexplain what I mean by laws being property description. In thesecond section, I consider the possibility of being some necessarytruth can be known a posteriori and I claim laws of nature have thisepistemic status. In the last two sections, I try to accommodate myview on laws of nature with the modal intuitions about physicalnecessity that have lead many to reject necessary laws. Manuscript profile -
Open Access Article
98 - The Study of Dawkins's Simplicity Argument about the Emergence of the Universe
علیرضا فرخی بالاجادهThe English biologist and philosopher, Richard Dawkins, in hissimplicity argument claims that the basic rules of physics are simple, soit is actually more likely that the relatively simple laws of nature wouldbe came into existence for no reason than that they would be MoreThe English biologist and philosopher, Richard Dawkins, in hissimplicity argument claims that the basic rules of physics are simple, soit is actually more likely that the relatively simple laws of nature wouldbe came into existence for no reason than that they would be designedby a God whose being would have to be more complex than they are.Thus, there is no God. By contrast, keith Ward and other theistphilosophers like Richard Swinburne and Alvin Plantinga withseparating "exclusive" and "inclusive" simplicity, defends from"integrative" simplicity of God. The existence of God integrates allelements, products of evolution and natural basic rules, in acomprehensive system, thus, it is simplest explanation, whileDawkins's materialistic view, is not enough explanatory. So "simplicityargument", is in fact, "the fallacy of simplicity". In this article, it istried to deny Dawkins's simplicity argument. Manuscript profile -
Open Access Article
99 - Studying the Relationship between Urban Advertising and Citizenship Awareness
Amir Kazemi Shahin MozaffariIntroduction and purpose: The concept of citizenship is one of the concepts and words that have a long history in the political and social history of human societies. This research has attempted to introduce a new method of citizenship education. The main purpose of thi MoreIntroduction and purpose: The concept of citizenship is one of the concepts and words that have a long history in the political and social history of human societies. This research has attempted to introduce a new method of citizenship education. The main purpose of this study is determining the relationship between urban advertising and citizenship rights. Method: According to the main question of this study, participants of this study were 85 persons of scientific and executive managers in the field of advertising; Moreover purposeful sampling was used which include 8 university professors, 20 experts of propaganda issues in Business Research Center and Strategic Research Center, 18 publicity managers and 39 publicity experts. Given the limited population of the community, all members of the community were interviewed using census method. Findings: The findings of the study confirm the hypotheses of this study, meaning that urban advertising has increased the awareness of citizenship rights in citizens who live in Tehran. Results: Urban advertising has increased the awareness of citizenship rights in citizens who live in Tehran. Manuscript profile -
Open Access Article
100 - Study of Socio-Economic Impact of Targeted Subsidies Law on Rural Households’ quality of Life in Urmia Township
Amir Ahmadi Gholam reza Mojaradi Mohammad BadsarLiving in rural areas tend to have less access to socio-economic services, so improving the quality of Life of rural communities is the ultimate goal of rural development projects or programs. The targeted subsidies law has been implemented in Iran by emphasis on establ MoreLiving in rural areas tend to have less access to socio-economic services, so improving the quality of Life of rural communities is the ultimate goal of rural development projects or programs. The targeted subsidies law has been implemented in Iran by emphasis on establishing of Justice and social welfare, and also improving the quality of life for poor society layers. This descriptive analytical survey was aimed to study of socio-economic impact of targeted subsidies law on rural households’ of Urmia Township. The statistical population of the studied areas consisted of all the rural households in Urmia Township (N=71353). According to the Cochran formula, a sample size of 265 was selected using a multistage sampling technique (n=265). A questionnaire was used to collect the data required. The validity of the questionnaire used was confirmed by a panel of experts. A pilot study was conducted to establish the reliability of the instrument used. The Cronbach’s alpha coefficient for the main scales of the questionnaire was 0.7 to 0.93. The results revealed that the targeted subsidies law implementation has a significant positive effect on social (sig = 0.000 and β=0.582) and economical (sig = 0.000 and β=0.531) dimensions of the quality of life on rural households’ of Urmia Township, but its’ social effects has been more than economic effects. However, all the changes cannot be associated to targeted subsidies law implementation uncertainly, because, the quality of life conditions and factors are very diverse and numerous Manuscript profile -
Open Access Article
101 - The Development of the Concept of Purification in Hinduism
Nasrin Bani AssadiIn the Vedic period, the act of purification was treated as a rite performed through the ritual ceremonies. Gradually, with the emergence and development of introversion attitude in Hindu culture, the concept of purity in Hindu thought entered the realm of mind and foun MoreIn the Vedic period, the act of purification was treated as a rite performed through the ritual ceremonies. Gradually, with the emergence and development of introversion attitude in Hindu culture, the concept of purity in Hindu thought entered the realm of mind and found a new dimension as a moral virtue. As seen in the Upanishads, within this new phase, the necessity of performing rituals for purification stood as a second-rated priority, while the concepts of inner purity and self-refinement occupied the first place among Hindu concerns. With the emergence of negative attitude towards human body as observed in later Upanishads, the concept of purification, which had now taken also a sanitary dimension, became less and less important. Nevertheless, in The Laws of Manu, one can observe anew emphasis on the ritualistic and bodily aspects of purification. Therefore, the concept of purity in Hinduism eventually became regarded as an existential state of being, related to both body and spirit. Manuscript profile -
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102 - Mystical Foundations of St. Paul's Ethical Doctrines
Homeyra Arsanjani مجتبی ZurvaniThe vital role of St.Paul in the history of Christianity needs no proof. Christian life of Paul began with his own vision of Christ; This conversion resulted in his theological and ethical teachings. So that, his “Christ-Mysticism” has been regarded as the h MoreThe vital role of St.Paul in the history of Christianity needs no proof. Christian life of Paul began with his own vision of Christ; This conversion resulted in his theological and ethical teachings. So that, his “Christ-Mysticism” has been regarded as the heart of his ideas and thought. Accordingly, love, as the major element of Paul’s ethic and the gift of “spirit”, parallel to faith, as the main element of his theology and the fruit of grace, make the fulfillment of true Law possible. In Pauline mysticism, “being-in-Christ” follows a “new creation” in piety and edification. This attitude, together with a moral-mystical interpretation of sacraments substitutes Law of love for the Law of works. In this article, Paul’s ethics is surveyed with regard to his special personality, his fanatical legalism, his following psychological crisis, and finally his visionary experience of Jesus Christ. Furthermore, Pauline and Stoic Ethics are comparatively discussed. Manuscript profile -
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103 - Paul and the Law
Babak Khasekhan Habib BashirpourDespite the fact that Paul’s view on law does not constitute the core of his theology, the subject is nonetheless one of the most controversial and frequent issues of his theology. Many theologians hold that he denied the law, and in particular the mosaic law, and MoreDespite the fact that Paul’s view on law does not constitute the core of his theology, the subject is nonetheless one of the most controversial and frequent issues of his theology. Many theologians hold that he denied the law, and in particular the mosaic law, and in other words, he didn’t regard it as an important factor in attaining salvation. Others consider Paul as distorting Jesus’ teachings. However, it should be considered that his views on law are indeed a natural result of his Christology and without having this point in mind, our understanding of his views is faulty and incomplete. From another point of view, as Underhill puts it, Paul is to be considered a mystic rather than a rationalistic theologian, and so he considered the concept of law from the point of view of a mystic, not a theologian. On the other hand, by redefining the Jewish religious concepts, and especially its law, he was trying to bring closer the Jews to gentiles. This paper is going to make the point that the negation of the law by Paul was relative not absolute, and in his view the degree of people’s observance of the law depends on ethnic, religious and personal factors. Manuscript profile -
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104 - Divine Law and Mystical Path in the Masnavi's Story of Moses and the Shepherd
akram aghdasi SH PazoukiLaw, Path and Truth are three inseparable stages of human perfection that can be likened to the skin, kernel and the oil of almond. Each religion is composed of three aspects of Law, Path, and Truth which respectively are the appearance, the meaning and the ideal or the MoreLaw, Path and Truth are three inseparable stages of human perfection that can be likened to the skin, kernel and the oil of almond. Each religion is composed of three aspects of Law, Path, and Truth which respectively are the appearance, the meaning and the ideal or the main purpose religion. From this perspective, all religions have a mystical aspect, Path, which is called Sufism in Islam. Nevertheless the point here is that since in Islam due to its comprehensiveness, Law and Truth are equal and balanced. In other religions, one has usually dominated one another, for example in Christianity Path is dominant, in contrast, in Judaism, Law is dominant. That is, the Jewish religion is famous for its law and Christianity for its Path. However, Truth is something beyond the appearance so Law and Path are the ways to reach it. Therefore in the holy Quran, the word "religion" is not used collectively. This idea is clearly reflected in "Moses and Shepherd" of Romi's Masnavi. In this article we look at this story from two perspectives: firstly we survey the concepts of Law, Path and Truth and secondly interpret it according to the theological concepts of God Likeness and Uniqueness. Manuscript profile -
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105 - Rta and Aša in India and Ancient Iran: A Comparative Study
Abol-qasem Piyadeh KouhsarAmong all questions which are asked about the nature of existence,after asking about the creation, the question about the order andpermanence of the universe is the most essential question. A commonanswer to this question is that there is a Cosmic Order or Cosmic Lawwhi MoreAmong all questions which are asked about the nature of existence,after asking about the creation, the question about the order andpermanence of the universe is the most essential question. A commonanswer to this question is that there is a Cosmic Order or Cosmic Lawwhich protects the universe from disorder. This Cosmic Order wascalled rta in ancient India, and aša in the ancient Iran. It personifies thecosmic, social, ritual, and moral order. Rta and aša are synonyms andfrom the etymological point of view, were derived from a commonroot. Rta (or aša) is under the protection of gods; therefore, if someonetransgresses its bounds, she/he will be punished. So all devotees andeven gods should harmonize themselves with rta (or aša) and behave inaccordance with its principles. If they act so, they will be qualified forthe title of rtavan (those who possess rta) or ašavan (those who upholdaša) and will enjoy the everlasting bliss and prosperity. Manuscript profile -
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106 - Religious Law and Salvation from Paul's View
mahboobeh safaei sadegh Tahereh HajebrahimiPaul's contradictory view about law has provoked Christian thinkers to argue and dispute about it. Although Paul was from a Pharisee background and considered the religious law sacred and binding but he propounds the case of redemption from the curse of the law, and ass MorePaul's contradictory view about law has provoked Christian thinkers to argue and dispute about it. Although Paul was from a Pharisee background and considered the religious law sacred and binding but he propounds the case of redemption from the curse of the law, and asserts that no one justify by law. Here the question is if no one can justify by law, why did God originally give us the law? It seems that the secret of the Paul's negative view about law is concealed in this question. If it is asked how one can be justified? Paul always says that "by Christ" and "not by law". Therefore, the only requirement to enter the community of believers is the faith in Christ, not acceptance of the law. But he emphasizes that after coming into Christian life, a Christian should act according to the divine commandments. So, it must be said that Paul was not against the law. In this article, Paul's view about religious law and its connection with salvation is surveyed in a descriptive- analytic method. Manuscript profile -
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107 - Environmental terrorism centered on armed conflict in the light of international criminal law
behrooz sepehri nourooz kargari Mohammad Ashouri ghassem ghassemiEnvironmental terrorism is a violent behavior that with the intention of depriving the peace, order and security of human societies, by targeting the environment, endangers human life and health and environmental security and whenever at the same time with Conflicts Arm MoreEnvironmental terrorism is a violent behavior that with the intention of depriving the peace, order and security of human societies, by targeting the environment, endangers human life and health and environmental security and whenever at the same time with Conflicts Armed and on the part of one of the parties to the conflict, it causes extensive and irreparable damage and not only endangers the health and life of the contemporary generation, but also endangers the health of future generations and deprives the healthy of environment. Therefore, reviewing strategies to deal with such events is the main purpose of current research. The present research has been done in a descriptive-analytical manner and in the form of citations through the use of library and electronic resources including books, articles, dissertations, regulations and international documents in Persian and English languages. The only way to fight with this criminal phenomenon is to bind the parties to the conflict to the norms and regulations related to international humanitarian law and to criminalize the violation of such regulations, in order to control the violence of the conflicting parties within the limits of international regulations. Violation of such regulations will result in criminal prosecution charges of "international crimes" or "serious crimes of international importance." Although Article 5 of the Statute of the International Criminal Court 1998 does not forecast environmental terrorism as an international crime, but because of the profound and irreparable harmful effects on human life and health and the health of the environment and the possibility of spreading such effects to remote areas. And even to future generations, international legal doctrine and documents recognize environmental terrorism as an acute example of terrorism and its importance in the line of international crimes and the effects of international crimes on it. Manuscript profile -
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108 - The role of the environmental treaties’ Conference of the parties in the development of international environmental law
Seyed-Abbas Poorhashemi Azam Parandeh MotlaghOne of the most important international structures that play a major role in the development of international environmental law is the Conference of the parties in the environmental treaties. However, the Conference of the Parties’ status and legitimacy for enviro MoreOne of the most important international structures that play a major role in the development of international environmental law is the Conference of the parties in the environmental treaties. However, the Conference of the Parties’ status and legitimacy for environmental regulations, developing and restricting the parties’ obligations and requirements which contained in the environmental treaties and implementation of the treaties by its decisions and resolutions should be addressed. This study is based on analysis of legal inductive. According to this method, some environmental treaties from the 1970s until today which contained the Conference of the Parties’ structure has been collected, analyzed and evaluated. After studying the opportunities and legal capacity of the "Conference of the Parties" for development of international environmental law, the result of this study showed that the environmental treaties’ Conference of the Parties have faced some gaps and limitation. In this perspective, the paper makes some recommendation to sole these gaps and limitations. Manuscript profile -
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109 - Investigating the environmental problems of not respecting the privacy of rivers and providing solutions to reduce it
hanihe hashemvand Maraym Ilanloo ali ghasemiBackground and Objective: The increase in encroachment on the bed and privacy of rivers has become a meta-crisis. This encroachment takes place in various ways, such as the creation and construction of unauthorized mansions, illegal and indiscriminate sand harvesting, r MoreBackground and Objective: The increase in encroachment on the bed and privacy of rivers has become a meta-crisis. This encroachment takes place in various ways, such as the creation and construction of unauthorized mansions, illegal and indiscriminate sand harvesting, river destruction, draining sewage and garbage, digging wells, etc. Several factors, including inappropriate laws, the weakness of the executive system, and the problems of the judicial system, have played a major role in the occurrence of these problems. The purpose of the research is to investigate the environmental problems of not respecting the privacy of rivers and the solutions to reduce it. Material and Methodology: This research is considered as descriptive-analytical research because we get new findings. Since it deals with determining and identifying the environmental problems of not respecting the boundaries of rivers, it is considered to be of an applied type. The data collection method is a library. In order to collect information, by referring to the relevant organizations, including the Ministry of Energy, Water and Soil Resources, the necessary information related to the boundaries of rivers was collected in the years 1380 to 1400. Part of the information of satellite and aerial images has been obtained. Findings: The results of the research show that the incomplete implementation of the law on fair distribution of water and the relevant regulations, the multiple management of the river bed and the boundaries, the existence of legal loopholes, the lack of ownership documents for the river bed, and ineffective water proceedings against the trespassers have caused this public wealth of Jolangah. be invaded and occupied. Discussion and Conclusion: The most important result of this research is that one of the most important reasons for the occurrence of floods and inundation is the non-observance of river boundaries in different regions of the country. Manuscript profile -
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110 - Analyzing the Nature of States Obligations in the Paris agreement 2015 on climate change
Seyed-Abbas Poorhashemi mojtaba sobhaninia seyed ali hosseini azadOne of the most important international instruments to deal with climate change is the Paris Agreement 2015. For over three decades, states have begun long-term talks and negotiations on climate change, which is always on the international agenda. One reason for not con MoreOne of the most important international instruments to deal with climate change is the Paris Agreement 2015. For over three decades, states have begun long-term talks and negotiations on climate change, which is always on the international agenda. One reason for not concluding an international instrument is that states are not willing to adopt binding commitments on mitigating Green House Gas emission. The failed experience of the Kyoto Protocol 1997 reflects this approach. The piece analyzes the nature of states obligations in the Paris agreement on climate change. This research is based on a legal inductive analysis method. According to this method, the Paris Agreement and some related legal instruments on climate change have been analyzed and assessed. This article while identifies various defining elements of legal character of the Paris Agreement, illustrates that even though the Paris Agreement is an “International Treaty within the meaning of the Vienna Convention on the Law of Treaties” which contains a mix of hard, soft and non-obligations is an important step forward to address climate change, but still has legal and normative inefficiencies. Manuscript profile -
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111 - The Impact of Injured Person's Contribution to the Damage on International Responsibility of State for Environmental Damages
Seyyed Ghasem Zamani Vahid BazzarAccording to international responsibility law, the injured person's contribution to the injury will reduce the amount of reparation. International environmental law considered the injured person's contribution as one of the precluding of reparation for environmental lia MoreAccording to international responsibility law, the injured person's contribution to the injury will reduce the amount of reparation. International environmental law considered the injured person's contribution as one of the precluding of reparation for environmental liability, in addition to it considered as a basis for reducing the amount of reparation. The injured person's fault affects the determination of all environmental damages, including the cost of preventive measures. After the damage has been incurred also the injured person should try to reduce the amount of damage and if it is able to prevent and refuse to do so, contribution to the damage will be effective on Responsibility. When the injured person acts in spite of the assumption of risk, this principle can be applied. In addition to considering the injured person's contribution to the injury and conditions of implementation of that for environmental damages, this article tries to investigate the related issues of this principle in international environmental law. Manuscript profile -
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112 - Necessity of Implementing Precautionary Principles in Environmental Protection
Shirin Shirazian Flora Heidari Mehdi HeidariAbstract Undertaking precautionary means to avoid adverse impact of environmental activities about whose probability of occurrence lacks scientific certainty have found a profound position within international environmental law, this is generally referred to as precaut MoreAbstract Undertaking precautionary means to avoid adverse impact of environmental activities about whose probability of occurrence lacks scientific certainty have found a profound position within international environmental law, this is generally referred to as precautionary principle. Since international community is always seeking solutions to protect environment, the precautionary principle has been emphasized as one of the fundamental principles of international law in numerous documents including hard law and soft law. According to the light of the precautionary principle, even in cases where any definitive scientific reason indicating harmfulness of environmental activities is yet to be found, it is still necessary to undertake precautionary practices by the best technology to reduce potential risks affecting the environment and activities that have potentially adverse effects should be reduced. Results of the present research indicate that the precautionary principle is engaged with numerous legal issues as it suffers from non-uniform implementation and lack of agreement on the concept of scientific uncertainty. To cope with this challenge, it is necessary to start with presenting a comprehensive definition of precautionary principle based on consultation in a document called convention-framework where generalities of the topic are discussed, followed by coming to an agreement on details and expressing possible disagreements such as implantation of the precautionary principle and formulating future agreements based on the principles and objectives defined in the convention to form future documents, generally referred to as protocols along with taking advantages of technical consultation with environmental experts to assess local environment Manuscript profile -
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113 - Explaining and Review of the Environmental Regulatory in the Light of Social and Public Law
Shirin Shirazian sobhan tayebi Hediehsadat MirtorabiEnvironmental regulation is one of the most important subset of social regulation. The regulatory is a framework for the implementation of the rules adopted the community and guaranteed to be the framework on the basis of legal standards. For example, a community MoreEnvironmental regulation is one of the most important subset of social regulation. The regulatory is a framework for the implementation of the rules adopted the community and guaranteed to be the framework on the basis of legal standards. For example, a community may decide that one of its collective goals is to sustain the quality of its waterways. It might achieve this by promulgating a binding legal rule prohibiting any person from dumping waste exceeding a specified quantity into its public waterways, and imposing a financial penalty on any person who violates this rule. However, the same collective goal might also be achieved by imposing a system of tradeable permits that allows certain amounts of wastes to be dumped into public waterways upon payment of a specified sum.This research is based on library studies and descriptive analytical method and a new approach is sighted.Purpose of this study, is to explain the role of environmental regulation as a facilitator of the administrative structure in good condition along with social interaction. Also, is considered explaining the importance of regulation and rule-making.Regulation is including important social standards and strong enforcement of legal obligations in the community. The fundamental standards, is consistency in the field of public law and seems important approach is environmental Protection and Citizens adherence to environmental obligations. Manuscript profile -
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114 - Geopolitical and environmental study of artificial islands in the Persian Gulf (From the perspective of international law)
sona ghasemi Seyed-Abbas Poorhashemi ali zare parvin farshchi hermidas bavandAccording to the 1982 convention of the seas, constructing artificial islands is permitted, and countries can build artificial islands in their own territory. However, creating artificial islands in the Persian Gulf area makes the countries in the region, especially Ira MoreAccording to the 1982 convention of the seas, constructing artificial islands is permitted, and countries can build artificial islands in their own territory. However, creating artificial islands in the Persian Gulf area makes the countries in the region, especially Iran, pursue the issue more sensitively. Moreover, according to principles of International Environmental Law, the countries that construct artificial islands should provide other countries with the required information regarding the construction and properties of their own artificial islands.Today, artificial island construction is being increased, and this has caused many environmental crises, including the increase of water darkness and pollution and transport of coastal sediments. This article analyzed the destructive impacts of constructing artificial islands in the Persian Gulf environment, the effect of development of new land space from geopolitical view, and building artificial islands from the viewpoint of International Law of the seas are being reviewed. Moreover, because the notion of governance in modern International Law has been modified regarding the use of the environment and sustainable development, the countries constructing these islands and coastal countries will have limited rights to build artificial islands. Manuscript profile -
Open Access Article
115 - With a Glance to the Implementation of Environmental Treaties
Seyed Abbas Poorhashemi mojtaba sobhaniniaOne of the legal problems of the implementation of international law in general and international environmental law in particular in Iran is the lack of a clear legal definition of the place of international treaties in the legal system. International treaties are norms MoreOne of the legal problems of the implementation of international law in general and international environmental law in particular in Iran is the lack of a clear legal definition of the place of international treaties in the legal system. International treaties are norms that have no place in the hierarchy of different legal systems (based on the relationship between domestic and international law) and in some countries are superior to ordinary laws, in others they are considered the breadth of ordinary laws, and in others it is considered a lower position than the normal law. In the Iranian legal system, due to the ambiguity in the laws regarding the status of the treaty, each of the three mentioned theories has been supported by some jurists. The result of the present article, by examining and analyzing the practical procedures adopted by the three powers of the Islamic Republic of Iran, is that the Iranian legal system has chosen the approach of equality of international treaty law (and not the entire international legal system) with the domestic legal system. Manuscript profile -
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116 - An Analysis of the Civil Liability for Environmental Damages Resulted from Cryptocurrency Mining
Mahdi Madadi mohsen ghaemi kharghMining of cryptocurrencies is one of the important phenomenon attracting the attention of a great number of people due to its tremendous profit; however, the said profit for a limited number of people is turning into a challenge for the planet earth. As a result, an inc MoreMining of cryptocurrencies is one of the important phenomenon attracting the attention of a great number of people due to its tremendous profit; however, the said profit for a limited number of people is turning into a challenge for the planet earth. As a result, an increase in the power demand causes an increase in the greenhouse gas emission and eventually leads to two degrees of global warming.This is a library research using the inductive-deductive method. Beside reviewing the equation ratio of “environment” and “economy resulted from Mining cryptocurrency”, this research suggests some strategies for prevention of the said problems and reviews the civil liability of Mining of such currencies. It is concluded that the Mining should bear the consequences of their profitability based on the theories of “No-Damage” and “Risk” and they should try to compensate the damages. Taking into account the existing complex situation of the environment, the method of compensating the damages is in line with the reality. Manuscript profile -
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117 - The New observation of relation between community of law and protection of environment in Iranian legal system (by approach to claim-right)
Shahab Haeri Esfehani Ali mashhadiEnvironmental Law, enjoying a unique position in various legal systems of countries, is one of the significant majors of Public Law. The importance of the topic is due to the fact that Sustainable Development, as a fundamental concept, could only be achieved through its MoreEnvironmental Law, enjoying a unique position in various legal systems of countries, is one of the significant majors of Public Law. The importance of the topic is due to the fact that Sustainable Development, as a fundamental concept, could only be achieved through its relation with this legal filed. Great importance has been attached to this matter to the extent that it has been identified as a necessary process by international conventions. Recently, in Iran’s legal system, the Environment Law has been studied within the framework of Community Law breaching of which would be subject to criminal punishment. The main goal of the present study is to elaborate on the claim right essence of the Environmental Law and to provide required protective solutions. In this article, the legal foundation of the Environmental Law has been reviewed and it has been revealed that the legislative body of the country, in spite of its claim-right nature, has not been successful in this regard and it is also possible to recognize Environmental Law as a Sustainable Development right. Manuscript profile -
Open Access Article
118 - Legal Criteria for Wildlife Insurance and Damage Compensation
medrik pirsaheb Mansour Pournouri shirin shirazian Daryoush KarimiThe protection of wildlife has a special place, as in the domestic laws, various solutions have been considered, including the option of fines for the violator and the cause of damage, but as a deterrent, it has not been able to act effectively. The human factor does no MoreThe protection of wildlife has a special place, as in the domestic laws, various solutions have been considered, including the option of fines for the violator and the cause of damage, but as a deterrent, it has not been able to act effectively. The human factor does not always lead to the loss or destruction of animal species and harming the wildlife, but natural factors can also lead to disease or accidents for the wildlife according to the climatic conditions of the place. Therefore, it is necessary to investigate, adjust and adjust the ways to reduce the conflicts between people and wildlife, and by allocating appropriate funds, the field for the restoration of wildlife habitats should be provided in order to prevent further destruction of wildlife and support endangered species. One of the ways to control risk is to transfer it to insurance institutions, and these risks should be in line with insurance laws and regulations, and in other words, they should be insurable. The vastness of the field of wildlife and the costs of its maintenance and protection require the support of the government as the guardian of wildlife protection and supervisor of the insurance industry. The loss of a species covered by insurance, like any other insurance coverage, can be supported by the insurance company, although in the insurance industry due to the challenges of wildlife risk assessment and the wildlife guardian organization due to the lack of financial resources, so far this issue has not been addressed. It has not been addressed seriously, and it may be due to the lack of sufficient knowledge in this field, or due to a correct assessment of the risk of losses of this type of insurance coverage. Currently, addressing this issue is an unavoidable necessity, and the trustees of the life insurance industry The country's wildlife should take the necessary care in this field. Manuscript profile -
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119 - The Importance of Access to Clean Environmental Energy in Reducing Violence against women
Valiollah Nasiri Hossein Sorayyai Azar Hojjat SalimyThe connection between fossil fuel production and uses and violence against local women, and the escalation of violence against women due to climate change and also violence against women who defend the importance of environment protection and critcise the uses of fossi MoreThe connection between fossil fuel production and uses and violence against local women, and the escalation of violence against women due to climate change and also violence against women who defend the importance of environment protection and critcise the uses of fossil fuels are issues that highlight the importance of access to clean energy in reducing violence against women. Given the neglect, denial and insufficient attention to the impact of energy on the escalation of violence against women by researchers and policymakers, this study is a descriptive-analytical research using international documents and established views of the international institutions intends to discuss the relationship between fossil energy uses and production and violence against women to suggest a way to a common future. Research findings show that women's access to the clean energy is very effective in reducing violence against them, while the issue of violence against women criticizing fossil fuel uses is a new challenge to international law and women's rights that needs to be addressed. Manuscript profile -
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120 - Analysis of Legal Considerations and Challenges of Wastewater Reuse Management
Hossein Shakeri Mostafa Tizghadam Zahra ShakeriWastewater reuse is considered as one of the important tools in the field of water resources management and environmental protection, the need to use it with increasing population is becoming more prominent day by day. This can be examined from different aspects and in MoreWastewater reuse is considered as one of the important tools in the field of water resources management and environmental protection, the need to use it with increasing population is becoming more prominent day by day. This can be examined from different aspects and in addition to health and technical aspects, it also has various legal aspects that have direct and indirect effects on wastewater management and complicate the presentation of the pattern of use of these renewable resources. The main issue is that wastewater reuse, which may pose risks to public health and the environment, is based on legal principles? And if the reuse leads to hazard to people and the environment, how and on what basis is the relevant civil liability explained? Is this liability based on fault? Or should modern systems use pure or absolute responsibility in this regard? The current study tries to examine some of the most important jurisprudential and legal considerations arising from wastewater reuse with an analytical-descriptive method and based on the library process, and finally concludes that the reuse should be done with the principle of precaution and harmlessness. But if it leads to damages, the fault-based system cannot compensate for the damages due to the difficulties it has in the proof process. Therefore, the use of pure / absolute liability system and the promotion of specialized insurance in this regard are recommended. Manuscript profile -
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121 - Explanation the legal status and managerial governing the production and consumption of pesticides and chemical fertilizers
Mohammad Mobinifar Naser Ghasemi Reza ArjmandiToday, the use of pesticides somehow indicates just some of deterioration of agricultural standards. Due to the effects of the pesticide contaminants in animal and human life, our country's commitment to the implementation of related rules and regulations, Improve the q MoreToday, the use of pesticides somehow indicates just some of deterioration of agricultural standards. Due to the effects of the pesticide contaminants in animal and human life, our country's commitment to the implementation of related rules and regulations, Improve the quality and utilization of pesticides is much more accurate. In this Regard, the role of organizations such as the judiciary, the Environmental Protection Agency, Ministry of Health, Agricultural Jihad, Plant Protection Organization, it is clear in the formulation and implementation of rules and regulations related to pesticides. In this Study, Explanation the legal status and managerial governing the production and consumption of pesticides and chemical fertilizers, is considered legal aspects, environmental and executive management. Ahead cross-sectional study based on the principles and methods, and this research has been done on the basis of library studies and official statistics. According to the study about the legal status and managerial governing the production and consumption of pesticides and chemical fertilizers, legal, environmental, managerial and administrative aspects are mentioned.In the Light of what has been reached by this study, Exploration of Rules and regulations related to pesticides in Iran, as well as Effective approaches and strategies in the light of the existing procedures to control pests and pesticides has been Studied. Results, Shows the limitation rules in the excretion of toxins pests in Iran and it does seems that, these rules must be complemented through effective framework that can better model to be implemented. Manuscript profile -
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122 - Obstacles and Challenges of Implementing New Procedures of International Environmental Law in Iranian Law
Fatemeh Sadat Ojaghzadeh Mohammadi Ali mashhadi Alireza ArashpoorThere are many international treaties and modern procedures in environmental protection which are subject tothe modern legal principles and rules that can contribute greatly to the expansion of International Environmental Laws. The procedure of most modern treaties has MoreThere are many international treaties and modern procedures in environmental protection which are subject tothe modern legal principles and rules that can contribute greatly to the expansion of International Environmental Laws. The procedure of most modern treaties has been based on compensation for environmental damages in a way that even the treaties and conventions that did not mention compensation for damages in the past were amended in the following editions and sessions. Iran, likemany other countries, is a member of Protocols, Conventions, and Environmental Treaties such as Climate Change Convention, Ramsar Convention, Vienna Convention for the Protection of the Ozone Layer, Basel Convention, Cartagena Protocol, Convention on the Prevention of Marine Pollution, but it (Iran) has not been very successful in Environmental Laws and implementation of Legal Practices in Environmental Protection in such a way that there is not much obligation regarding Environmental Protection and in cases where the government itself is the damaging party (side) to the environment, Real Entities or Private Non-Governmental Organization are in no position to defend or make Environmental Complaints against the Government. Also, Iran’s Legal Policy for the Environmental Compensation of environmental damagesis based on the Theory of Fault and practically there are a lot of problems for the injured party to prove the fault. Therefore, the primary reason for the difficultiesof implementing the Modern Practices of International Environmental Law in Iranian Law is due to the infirmity andapproval of Environmental Laws as well as the lack of obligation of the Government and Institutions to implement the international convention. Manuscript profile -
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123 - Environmental Impact of Climate Change on National Security
Mohammad Jalali Maryam Afshari zeinab mazinanianAlthough the effects of climate change are threatening to the living conditions of a large part of the world, different groups of activists have failed to improve the climate regime. It is natural that those countries which are more vulnerable to climate change should f MoreAlthough the effects of climate change are threatening to the living conditions of a large part of the world, different groups of activists have failed to improve the climate regime. It is natural that those countries which are more vulnerable to climate change should find some ways to improve the climate by using both legal methods and other less formal methods such as identifying climate change as a security and environmental problem. Climate change and global warming are regarded as two factors, which play a significant role in threatening human security since food shortages, water scarcity, environmental degradation, poverty, disease outbreaks, and mass migration can separately lead to national security, which will undermine and contribute to the failed government scenario. In the domestic and global arena, the security of the modern government becomes meaningful with respect to superior power, and the society is considered insecure even if it faces with a lack of threats. In the modern national security discourse, we see an increase in security software, in addition to its hardware. In the wake of the development of the concept of security, especially the development of a range of national security threats, critics have suggested that civilian threats such as economic and environmental threats can, in turn, be as serious as military threats. Therefore, these threats should be considered as security threats. This article tries to provide an analysis of the impact of environmental dimensions of climate change on national security from the perspective of international environmental law, using an interdisciplinary approach. Manuscript profile -
Open Access Article
124 - The Effect of Humic Acid Concentration on Alkalinity and Soil Elements Release, Germination and Growth Index in Lawn
jasem toamehzadeh Ali Gholami Mehdi Nourzade hadad akbar hassani kamran mohsenifarBackground and Objectives: Development of sustainable land scape requires the identification of appropriate strategies. In this research, humic acid is used as an alkalinity reducer and increasing nutrient availability in the soil and improving lawn growth. Materials an MoreBackground and Objectives: Development of sustainable land scape requires the identification of appropriate strategies. In this research, humic acid is used as an alkalinity reducer and increasing nutrient availability in the soil and improving lawn growth. Materials and Methods: The study run as completely randomized block design (CRBD) with 30 plot for cold region and tropical lawn with five concentrations of humic acid (0, 3, 6, 9 and 15mg /liter) with three replicates for each concentration at a ten day intervals. Then, physical and chemical properties (nutrients, salinity and alkalinity of soil in these plots were investigated. Findings: Results showed that with increased application of humic acid, the release of nutrients such as N,P,K, Ca, Mn, S, Fe, Zn, Cu, Mg, B and Mo increase in soil. Spearman correlation coefficient between two variables of acid concentration and nutrients content was 0.949. Given that this value is positive, it can therefore be said that these two variables have a direct relationship with each other. The results of studying lawn seed germination percentage in petri dish with five concentrations indicated that germination percentage decreased with increasing humic acid concentration. In this research, lawn root and length and weight of stem increased with increasing humic acid concentration. Discussion and Conclusion: Application of humic acid reduces the alkalinity and release nutrients in the soil and improves the condition of lawn in terms of nutrient uptake, growth rate, vegetation and resistance to environmental conditions. Manuscript profile -
Open Access Article
125 - Legal Research on Validity of Centralization and Natural Dangers in Tehran
mohammad zereshgi seyyed Mohammad HashemiTehran metropolis for many reasons including location type, inadequate physical development, lack of observance of balanced development and alignment of land, failure to observe the precautionary principle in environmental issues as a preventive principal, and ... alway MoreTehran metropolis for many reasons including location type, inadequate physical development, lack of observance of balanced development and alignment of land, failure to observe the precautionary principle in environmental issues as a preventive principal, and ... always subject to the risks of natural hazards The population density is the main cause of existential and environmental problems in Tehran.Including threats that threaten Tehran, impending earthquakes and environmental problems. of course, with the possible earthquake in Tehran, and despite the population density in the capital, which is 19 times the national average, the damage rate and casualties resulting from it can lead to a human disaster. Therefore, the application of legal principles can be an effective solution for the most The above-described problems. By implementing the existing laws on the topic of de localisation of Tehran, including: (balanced development and land testing in the framework of the principle of equality, the implementation of e-government in the framework of the principle of compliance, the reduction of government in the light of paragraph 10 of the third principle of the Constitution, the realization of welfare state means Real in the framework of the principle of legitimate expectation, serious efforts to reduce the damage caused by possible earthquakes and environmental problems in Tehran in the light of the application of the precautionary principle, etc.) can greatly overcome the major problems of this city.In the present study, we intend to provide a legal perspective to provide solutions to reduce the potential damage caused by these natural hazards.The research method is descriptive-analytical and applied. Manuscript profile -
Open Access Article
126 - Legal Tools to Resolve Biosafety Challenges of Transgenic Products in the Light of International Environmental Law
elahe Soleymani Murche Khurti Shirin Shirazian Maryam AfshariConsidering the global spread of production and consumption of transgenic products and due to the importance of taking required measures and having necessary regulations for safely use of these products and to avoid potential dangers to the environment and their health, MoreConsidering the global spread of production and consumption of transgenic products and due to the importance of taking required measures and having necessary regulations for safely use of these products and to avoid potential dangers to the environment and their health, it is very critical for each country to codify laws and regulations on biosafety. Thus, it is essential to make, approve and implement proper laws and regulations at the national level. The present study reviewed biosafety laws and regulations in Iran and their shortcomings as well as biosafety laws of 10 countries from Europe, Asia, America and Oceania. Except for World Trade Organization and Nagoya-Kuala Lumpur Supplementary Protocol, Iran has acceded to all related protocols and regulations. Moreover, Biosafety National Law, Paragraph (b) of Executive Regulations of Article (7) of the Biosafety Law and executive instructions of Ministry of Agriculture, Ministry of Health and Medical Education and Department of Environment have been ratified in Iran. The studies show that the text of Biosafety National Law has some shortcomings and as a result, executive regulations and instructions of competent executive organizations have many problems. Therefore, in this study, Iran’s Biosafety National Law and related regulations were reviewed and compared with the text of Cartagena Protocol on Biosafety and also biosafety laws in 10 countries from four different continents with different viewpoints (from Asia: China, Japan, India; from Europe: European Union, Germany and Spain; from America: Brazil, Argentina, Canada and America; from Oceania: Australia). The countries are or are not parties to the Cartagena Protocol and are active in production, release and consumption of transgenic products. In doing so, the study has tried to define strengths and weaknesses of Biosafety National Law and related instructions and develop a proper framework for it. Manuscript profile -
Open Access Article
127 - International Responsibility of the Sponsoring State for Exploitation of the Area Resources in Light of the Requirements of International Environmental Law
Javad Salehi Hossein AlekajbafThe obligations of the Sponsoring State are subject to liability arising from the requirements of international environmental law. The obligations of the Sponsoring State in protecting the environment of the area are of an appropriate nature, assessment, precaution, pre MoreThe obligations of the Sponsoring State are subject to liability arising from the requirements of international environmental law. The obligations of the Sponsoring State in protecting the environment of the area are of an appropriate nature, assessment, precaution, prevention, control and compensation. However, if the Sponsoring State has taken all necessary and appropriate measures to the best of its ability to bind the sponsored contractor, it will not be liable for damages resulting from the contractor's activities. This situation means that the damages resulting from the contractor's activity to exploit the resources of the area are not compensated. However, the international community should not, in any case, suffer the damage caused by the contractor's activities to the marine environment. Undoubtedly, the inability of the Sponsoring State to control and oblige the contractor to fully comply with international standards in the exploration and extraction of marine resources should not be taken into account by the international community. It is imperative that the Sponsoring State be absolutely responsible for the damages caused by the contractor. If the damage is due to the fault of the contractor, the Sponsoring State shall compensate it and then deduct it from the contractor's bail. If the damage caused by the negligence of the Sponsoring State, it should compensate the same damage so that in any case the damage to the marine environment is not left unattended and the damage is not inflicted on the international community body. Manuscript profile -
Open Access Article
128 - Granting legal personality to the elements of nature in the light of sustainable development
Zahra Sharegh Hossein RezazadehAfter World War II , the concept of sustainable development was introduced in order to balance the protection of the environment with the enjoyment of fundamental human rights, including the right to development; So that the exercise of human rights is not an excuse to MoreAfter World War II , the concept of sustainable development was introduced in order to balance the protection of the environment with the enjoyment of fundamental human rights, including the right to development; So that the exercise of human rights is not an excuse to destroy the environment. In fact, human beings realized that any damage to the environment ultimately endangers human beings and their dignity, and therefore, along with economic and social elements, environmental sustainability was identified as one elements of sustainable development. The present study seeks to examine how some governments, by identifying legal personality for the elements of nature, have taken steps towards environmental sustainability and ultimately the realization of sustainable development. It is a type of basic research that is descriptive-analytical and using library resources as well as using electronic resources including books, articles, dissertations, official conferences related to the subject (regional and international)in Persian and English languages and after raising the issue and clarifying the hypotheses, the data in accordance with the research questions in national and international judicial documents and procedures(both Persian and Latin)have been searched, collected, summarized and analyzed. One of the measures taken in recent years to environmental sustainability, has been recognized legal personality to the elements of nature. The practice of some countries, especially since 2008,shows that in order to achieve environmental sustainability, at the level of legislation or the procedure of the courts, the elements of nature have been recognized as rightful and representatives have been appointed to pursue their rights. Overall, developments in environmental law show that the identification of legal personality for the elements of nature has created a new development in the field of environmental law and sustainable development that is rapidly expanding in the international community. So that many governments can use this experience to take this step to provide the necessary grounds for greater environmental protection around the world. Manuscript profile -
Open Access Article
129 - Different Approaches for the Implementation of International Environmental Law in the Domestic Law of selected Countries with a review of the Iranian Legal System
azam parandeh motlagh shirin shirazian ali zareThe enforcement of international environmental law in various legal systems is one of the most up-to-date issues of The enforcement of international environmental law in various legal systems is one of the most up-to-date contemporary international law issues. In this MoreThe enforcement of international environmental law in various legal systems is one of the most up-to-date issues of The enforcement of international environmental law in various legal systems is one of the most up-to-date contemporary international law issues. In this regard, Article 9 of the Iranian Civil Code has provided a solution for implementing international treaties. However, in addition to its interpretation, it could not be applied to other international law sources such as international customary law or decisions of international courts. This article aims to examine the different approaches to implementing international environmental law in the domestic law of countries with a view of the Iranian legal system. Based on an analytical approach and an inductive approach, this study also considers possible legislative solutions for effective international environmental law enforcement in Iran. Investigations and studies of this research have shown that there are credible legal capacities in the Iranian legal system for effective enforcement of international law despite legal uncertainties and enforcement constraints. At the same time, it is necessary to enact laws and regulations to clearly explain the relationship between Iranian domestic law and international customary and contractual obligations. Manuscript profile -
Open Access Article
130 - International Responsibility Foreign Investors with respect to the Environment
Mojtaba Ansarian shirin shiraziamThe domain of investment law and environmental law is similar. In fact, if there is not environment and its components insist of air, soil and water there will not be any investment, production, accumulation of capital and consumption. Therefore, everyone with every rol MoreThe domain of investment law and environmental law is similar. In fact, if there is not environment and its components insist of air, soil and water there will not be any investment, production, accumulation of capital and consumption. Therefore, everyone with every role should act in the process of maintaining and upbringing the environment, in which the role of the prominent investors is highlighted. Today, it has been specified by all countries that their entry into the competitive international trade market and the promotion of the welfare of society and security in all its dimensions require the attraction of foreign investment.Many countries that want to attract more and more capital into their country are adopting laws which encourages investors to be present in that country, on the other hand, will end the environment in the long run. Transnational corporations also tend to invest in country that are more environmentally easier. In the meantime, it should be seen with a prospect that the only major inflow of capital would not be generating public benefit but the presence of capital with proper and management consumption and the protection of the environment, which fulfills national and global interests.The question of present research is how can besides governments and international organizations, be considered internationally responsibility such as foreign investors in the event of environmental degradation. It is assumed that in the event of environmental degradation, even the consent country investable would be an international liability to investor. Manuscript profile -
Open Access Article
131 - The Relationship between Environmental Law and the Flood Crisis: A Case Study of the Environmental Legislative Approach of the Islamic Republic of Iran
Ali mashhadi Ali BayatiAfter the flood, especially in recent years, the key question is what the relationship between environmental law system and the flood crisis?. In this regard, environmental law has been enshrined in the pre, before and after the flood, with numerous rules, laws and regu MoreAfter the flood, especially in recent years, the key question is what the relationship between environmental law system and the flood crisis?. In this regard, environmental law has been enshrined in the pre, before and after the flood, with numerous rules, laws and regulations. The importance of analyzing the relationship between floods and environmental rights goes back to the impact that environmental laws and regulations and natural resources have on each other. On the one hand, ignoring and violating preventive laws and regulations of the environment and natural resources can lead to the occurrence of this crisis. On the other hand, flooding can have a adverse effect on the environment.In Iranian environmental law, despite the adoption of numerous laws and regulations to prevent flooding, numerous deficiencies can be investigated. These deficiencies can be classified into three categories: normative, institutional, and behavioral. In this paper, the author use an analytical-descriptive approach, library resources, laws and regulations and procedures. While presenting the existing environmental law system, the environmental legal approach of the Islamic Republic of Iran during the three periods before, during and after the flood to be examined.The basic presumption of this article in response to the main question is that in order to prevent and deal with the flood crisis, there are three categories of legal deficiencies mentioned, especially in the field of laws and regulations, and environmental laws and regulations related to floods need to be amended. Manuscript profile -
Open Access Article
132 - Consolidating the role of private plaintiff in environmental lawsuits against the government
Rohallah Karimi Abbas Pahlavanzadeh hossein JalaliAlthough today we see the protection and protection of the environment is very important and a manifestation of legal protection for it, but environmental claims in our country have not yet found their separate place. The fifth principle of the constitution and other la MoreAlthough today we see the protection and protection of the environment is very important and a manifestation of legal protection for it, but environmental claims in our country have not yet found their separate place. The fifth principle of the constitution and other laws protecting the environment in the context of their own, but have not been crystallized with the operation of the legal system of liability and litigation support private approach. This research is adorned with up-to-date library resources and in the form of Descriptive-analytical notes and the role of the pen. In line with the present study, it is intended to discuss the claims of private individuals and therefore we want to explain the current situation of the position of private litigants in environmental lawsuits by answering the question "What is the power of private individuals to claim and sue in accordance with the legal framework?" With this description, in this study, by explaining the position of the private plaintiff, the compensation frameworks as well as the role of the competent authorities in resolving the dispute have been examined and the private stakeholder as a plaintiff can file a lawsuit against the government. Manuscript profile -
Open Access Article
133 - Explaining the sociological model of water consumption management in the central catchment area of Zanjan province
hadi yasser mozaffaraddin shahbazi Meysam MousaaeiBackground and Objective: In the current situation, the pattern of water consumption and its knowledge in different areas are not paid attention to, and the strong need to know the amount of consumption and the factors affecting it is quite noticeable. Currently, the ce MoreBackground and Objective: In the current situation, the pattern of water consumption and its knowledge in different areas are not paid attention to, and the strong need to know the amount of consumption and the factors affecting it is quite noticeable. Currently, the central watershed of Zanjan province is facing a severe water crisis. And the purpose of this research is to determine the social factors affecting the management of water consumption and to draw its sociological model in the mentioned basin and to provide solutions to the water crisis in the region to the administrators and water managers. Material and Methodology: This research is a combination of quantitative and qualitative methods using a multi-level model alignment plan, the quantitative part with the statistical population of 19125 agricultural operators and the selection of 377 operators as a sample through the Cochran formula using the survey method and the qualitative part using the method Delphi was launched in 1401.has been implemented In the qualitative section,30 experts have been purposefully selected from among the employees of the Agricultural Jahad Organization, the Regional Water Administration and the agricultural elites of Zanjan province. Findings: In this research,the quantitative and qualitative parts complement each other,the quantitative part shows that the variables of cultural capital,economic capital,social participation,social cohesion and social trust have a direct relationship with the variable of water consumption management.Among the issues raised by the society's elites in the three stages of the Delphi method are the existence of wrong habits,the lack of laws,the welfare of officials and the lack of attention to issues such as the integrity of the land and the lack of correct cultivation patterns in water consumption management. Discussion and Conclusion: By examining the variables studied in the quantitative section and the findings of the Delphi method, we came to the conclusion that the variables of social cohesion, social trust,social participation,cultural capital and economic capital explain 60% of the changes in the water consumption management variable, as well as the category of local leaders.approved laws,established rules,social motivation,commitment and expertise in human resources, technical issues and single governance are the categories resulting from the Delphi method that affect water consumption management.At the end of the research,the sociological model of water consumption management was drawn with the help of the results of both quantitative and qualitative parts. Manuscript profile -
Open Access Article
134 - Civil Liability Sanctions about Environmental Pollution in Iran and US Law
Babak Sadeghi alireza lotfi doudaran Mozaffar BashokouhThe legal confrontation with environmental pollution and the many and various losses resulting from it, which endangers human life in the present generation and future generations, requires appropriate and efficient legal enforcement guarantees. Civil Liability, as a br MoreThe legal confrontation with environmental pollution and the many and various losses resulting from it, which endangers human life in the present generation and future generations, requires appropriate and efficient legal enforcement guarantees. Civil Liability, as a branch of legal science, has provided valuable executive guarantees in this field, which has a preventive and compensatory role. The purpose of choosing the topic of this article is to introduce and review and complete the executive guarantees of civil liability caused by environmental pollution in Iran and US law. According to the studies conducted in this research, the executive guarantees of civil liability in US law are more complete than the legal executive guarantees of Iran, because punitive damages, joint and several liability and referendum have been accepted in US law. But even the executive guarantees of US law also have shortcomings that the authors have pointed out, and by theorizing and examining the issues of this area, the authors have created new executive guarantees, such as the cancellation of contracts that pollute the environment and the return of property. It has also presented the results obtained from the polluting activities in order to provide better means of compensation and prevention of the losses caused by environmental pollution. Manuscript profile -
Open Access Article
135 - Analyzing of Section II of Agenda 21 and Its Role on Development of Environmental Law in Iran
Farhad Dabiri Seied Abbas Pourhashemi Farnaz Saeid ErshadiEqual to international efforts for more attention to the capacity of the earth and preservation of the resources which is the best of sustainable development، Islamic Republic of Iran try to pay its proportion of these efforts too. Emprises like establishing national co MoreEqual to international efforts for more attention to the capacity of the earth and preservation of the resources which is the best of sustainable development، Islamic Republic of Iran try to pay its proportion of these efforts too. Emprises like establishing national committee of the sustainable development due to the Rio De Janeiro summit، interpolating the environmental consideration in the Laws of Economic، Social and Cultural Development Plans، and performing projects with cooperation of international towards preserving environment proofs these claims. Despite of accomplishing all these emprises in different fields for achieving goals of the agenda 21 and approaching sustainable development we could state that there still are some shortages and incompetency in different fields specially in politics and laws. So considering the available incompetency and also preferences and necessities which is caused by the circumstances of the country، we could present some proposals such as utilizing management implements alike logical and economical tools as means of planning and management، promoting public co-operations and training environment to preserve of resources for sustainable development in Iran، active attendance in local and international environment co-operations and also codify and implement local agenda 21 that they are challenging for achieving the goals of the agenda 21 and approaching sustainable development. Manuscript profile -
Open Access Article
136 - Positioning waste management laws in comparison with France's laws and utilizing the Strategic Position and Action Evaluation (SPACE) matrix
Jafar Nouri Seyed Abbas Pourhashemi Reza Arjmandi Fatemeh AlimardaniIntroduction:In this study, a comparative analysis has been made between the environmental laws and regulationsrelated to waste in Iran (as a developing country) and France (as a developed country) to presentmanagement solutions using three models of QSPM, SPACE and SWO MoreIntroduction:In this study, a comparative analysis has been made between the environmental laws and regulationsrelated to waste in Iran (as a developing country) and France (as a developed country) to presentmanagement solutions using three models of QSPM, SPACE and SWOT.Materials and Methods:In the present study, the two systems were initially identified, assessed and analyzed by comparativeanalysis, and after the completion of related questionnaires by some of the professors and experts ofEnvironment and Energy Faculty, the data were normalized. Then the superior strategies of SWOTwere identified by the QSPM model and employed in presenting management solutions.Results and Discussion:Strategic Position and Action Evaluation (SPACE) matrix showed that Iran laws were in a defensiveposition and this means that the internal weaknesses must be rectified and the external threats must beavoided. For the effectiveness of management solutions for reducing adverse effects of waste,rectification of the following legal issues should be given priority: enacting Environmental NationalPolicy law, establishing an environmental special commission in the country’s parliament,establishing special courts for environmental crimes, employing Justice Ministry official experts toaccelerate the settlement of environmental records, amending the law enforcement procedures,motivating and supporting the private sector in recycling the waste from laboratories and hospitals,expediting the preparation of a list of special wastes and providing the necessary legal facilities forreducing the volume of special wastes, and enacting binding legislations for application of up-to-datestandards and environmentally friendly technologies. Manuscript profile -
Open Access Article
137 - Comparative Study of the Strategic Environmental Assessment Legislative Systems in Different Countries with Comparison the Case in IRAN
Behnoush khosh manesh zadeh seid masoud Monavari Farhad DabiriStrategic Environmental Assessment (SEA) is a new systematic procedure which considers distinguishes prediction and environmental impacts assessment at the highest levels of decision making and in strategic development of planning a MoreStrategic Environmental Assessment (SEA) is a new systematic procedure which considers distinguishes prediction and environmental impacts assessment at the highest levels of decision making and in strategic development of planning and programming process and policy seriously and efficiently. In various countries particularly in developed countries, there are clear examples of SEA laws and regulations. In fact the first regular document of SEA was prepared in the US in 1969, and afterwards other countries such as Canada, Hong Kong, Denmark published by laws and regulations as special requirements for scientific executive assessment. It is over a decade that the laws and regulations exist on EIA in Islamic Republic of Iran. They are implemented in recent years much more strongly but unfortunately despite of wide range of SEA scopes, any laws and regulations have not been ratified by the regular authorities up to now. Therefore, regarding conducted researches in the pioneer countries, the SEA related obligation has been clarified at two levels. The first level is legislative and the second one is policy and decision- making. The policy making would not be effective without observation of SEA obligation and legislative consideration. Consequently, 3t is suggested that an integrated management system which is required for and perquisite~ffective implementation, to be created in Iran can be helpful in effectiveness of SEA in decision and policy making principals Manuscript profile -
Open Access Article
138 - Islamshahr Town Environmental-Legal Problems’ Evaluation
Naser Ghasemi Vali ollah mohammadiIntroduction: Migration, population increase and industrializing of mentioned county (Islam Shahr)without noticing to the environmental capability and evaluation, caused environmental pollution andsocial raucousness in this city. In addition, by the population increase, MoreIntroduction: Migration, population increase and industrializing of mentioned county (Islam Shahr)without noticing to the environmental capability and evaluation, caused environmental pollution andsocial raucousness in this city. In addition, by the population increase, water consumption increases aswell. So we will face decreasing of the agricultural water and farms dehydration in one hand, andincreasing the pollution of fresh water and decreasing county’s freshwater because of the sewage andits discharge to underground water table on the other hand.Material & Method: Environmental rights are important tools for supervision, management andcontinuous development. These rights are affective in policy determining and environmentalprotection affairs and rational /continuous using of natural environment. We can move based on publicopinions and governmental support alongside with internal rules and statutes and bureaucracy revisionto increase the quality of environmental management. In addition, constraints and prohibitions stateinstructions issues and pollutant units’ penalties and other rules can be used as management tools tohelp environmental retain and pollutant decrease.Result & Discussion: Industrializing of the county causes population urbanization increasing, naturalrecourses damage, rising consumption rate change and environmental pollution as well as losing lifequality and misbalancing the county’s environment. As the population has increased from 1000 peoplein 1961 to 500,000 persons at present, it created the environment such problems. Manuscript profile -
Open Access Article
139 - Legal instruments dealing for scientific uncertainty in precautionary principle from the perspective of International Environment Law
Seyed Abbas Poorhashemi Azam Parandeh MotlaghConsidering the importance of the precautionary principle for development of international environmental law and taking into account that the "scientific uncertainty", is a problematic of the precautionary principle, this article tries to analyze the scientific uncertai MoreConsidering the importance of the precautionary principle for development of international environmental law and taking into account that the "scientific uncertainty", is a problematic of the precautionary principle, this article tries to analyze the scientific uncertainties in the international environmental law’s context. In fact, one of the problems of implementing of the precautionary principle in the international environmental law the ambiguity on the issue of "scientific uncertainty" mentioned in many legal texts, both binding and non-binding. The purpose of this study is to describe the position and the role of scientific uncertainty in the realization of precautionary principle. This study explains the nature of legal gaps in the implementation of the precautionary principle in international environmental law. There are several legal methods and administrative procedures to dealing with the "scientific uncertainty", such as framework-protocol approach, scientific advisory boards, management approaches, prior informed consent, assessment and monitoring of environmental effects, temporary measures and so on. We can considerer these legal approaches and techniques in many environmental treaties, especially after the Rio Declaration 1992. Moreover, in the case study, the legal instruments dealing for scientific uncertainty in precautionary principle from the perspective of International Environment in the Convention on Climate Change in 1992 is analyzed. In this research, after studying the methods and techniques for dealing with scientific uncertainty, the suitable method to implement the precautionary principle in international environmental law has been analyzed. Due to legal problems for the implementation of the precautionary principle in international environmental law, still there is no consensus and common procedure for implementing these methods. However, this study suggests some solutions such as the practice of Governments, implementing the national system and development of environmental treaties based on the implementation of the precautionary principle. Manuscript profile -
Open Access Article
140 - Investigating the effectiveness of laws and regulations governing air pollution in Iran
Daryoush Karimi Negin Mousavi MadaniAir pollution in the national and international levels, have adverse effects on human and natural environment. Technology development and urbanization, consequently, have led to increase of a wide variety of pollutants in the air. Being harmful to public health and the MoreAir pollution in the national and international levels, have adverse effects on human and natural environment. Technology development and urbanization, consequently, have led to increase of a wide variety of pollutants in the air. Being harmful to public health and the environment, they have raised the concerns of authorities to take specific measures to prevent contamination of air and environmental degradation. In recent years, in Iran especially in major cities, such pollution has increased significantly and it has caused irreparable damage to the health of individuals and the quality of properties. It seems that laws and regulations are somewhat sufficient to meet air pollution in Iran. In fact the problem of continuity of air pollution is not due to laws and regulations, but the law enforcers who are not doing their duties properly are the main problem. On the other hand, since the possibility of compensation for damage caused by air pollution, because of its nature and characteristic, is somehow low, much of this damage remains uncompensated. However, there are still some solutions to effectiveness of laws and regulations for air pollution, at the local level. Thus thispaper attempts to addressair pollution in metropolises of Iran in terms of effective laws and regulations and also to introduce applicable methods in this regard. Manuscript profile -
Open Access Article
141 - Identifying the influential macro factors in the creation of non-performing loans by the method of theme analysis, the case study of Bank Mehr Eghtesad
SADEGH ANSARI Seyed Mohammad Hasheminejad Abdolreza TalanehNon-performing loans are a critical factor in assessing the profitability of banks and their influence on the financial system. This research tries to identify the influential macro factors in forming non-performing loans of Bank Mehr Eghtesad branches in the country. T MoreNon-performing loans are a critical factor in assessing the profitability of banks and their influence on the financial system. This research tries to identify the influential macro factors in forming non-performing loans of Bank Mehr Eghtesad branches in the country. This research is qualitative and exploratory based on the type and nature of the data. Therefore, it benefits from the theme analysis method. An interview protocol is used to collect data. Also, in terms of the purpose, it is considered among applied and developmental research. The research population includes 20 persons who are the managers and deputy managers of Bank Mehr Eghtesad branches in the provinces and experts of accounting, economics, financial management, and banking. The participants' method in the interview is an exploratory focus group; the purposeful snowball sampling method is used to define the target groups of informants according to the research topic, problem, and situation. They participated in this study From May to August 2022. The data from the interviews has been analyzed with the help of MAXQDA software to analyze the theme during the three main stages of open, central, and selective coding. The results indicate that in cretating non-performing loans the three significant macro factors of the lack of transparency of administrative laws; inflation rate and profit; the pressures of banking interest groups have had a significant impact compared to other factors. Manuscript profile -
Open Access Article
142 - Analysis of capital increase of public joint stock companies in Iranian law.
Reza Mohammadi Darvishvand Ali Zare Mehdi Montazer Seyed Yaghoub ZeraatkishAbstractCapital is one of the most limited economic resources of companies and for this reason, financial managers are always looking for ways to use it optimally to provide managers of enterprises. Therefore, what needs to be reviewed and revised is the validity of the MoreAbstractCapital is one of the most limited economic resources of companies and for this reason, financial managers are always looking for ways to use it optimally to provide managers of enterprises. Therefore, what needs to be reviewed and revised is the validity of the procedures for the optimal allocation of resources in companies, which ultimately leads to economic and social growth and gains people's confidence in the proper use of their capital. One of the important concepts about company capital is the issue of capital structure. In discussing the capital structure, it refers to how the company's financing sources are combined, such as short-term debt, bonds (partnership), long-term debt, preferred stock and common stock. Despite the great importance of the issue of capital structure, many legal aspects of capital structure changes in joint stock companies are still not clearly explained and analyzed; therefore, in this article, with a descriptive-analytical approach, the capital increase of public joint stock companies in Iranian and British law has been analyzed.KeywordCapital structure, public company, capital increase, UK law Manuscript profile -
Open Access Article
143 - Reasons for the Gap between Declared and Assessed Taxable Incomes of Non Manufacturing Companies Listed on Tehran Stock Exchange
Hossien Yarahmadi masoud Taherinia ebrahim givaki Ghodratallah TalebniaThe taxable income of legal persons is a critical issue in Iran as this sector plays a dynamic role in economic, social, and cultural activities in the society. The major problem of this study is the gap between the amounts of taxable income calculated by taxpayers and MoreThe taxable income of legal persons is a critical issue in Iran as this sector plays a dynamic role in economic, social, and cultural activities in the society. The major problem of this study is the gap between the amounts of taxable income calculated by taxpayers and the Tax Administration. Field and bibliography methods besides Pearson Correlation Test were used, and all four hypotheses of research were confirmed. Accordingly, the reasons for the difference or gap between declared taxable income and assessed taxable income include breach of direct tax law by taxpayers, violation of accounting standards by taxpayers, lack of sufficient evidence and documents (including expenses, tax exemptions, and tax incentives) in the hand of taxpayers, ignorance of tax directives, instructions, and regulations by taxpayers. Manuscript profile -
Open Access Article
144 - کاهش مرتبه، مو- تقارن و مو- قانون بقا معادله تعمیم یافته mKdV با ضرایب ثابت و متغیر.
خدایار گودرزیهدف از این مقاله، محاسبه کاهش مرتبه معادله تعمیم یافته mKdV با ضرایب ثابت و متغیر به روش مو-تقارن است. بعلاوه، مو- قانون بقا و لاگرانژین معادله تعمیم یافته mKdV با ضرایب ثابت و متغیر، با استفاده از روش مسئله تغیراتی بدست می آید.هدف از این مقاله، محاسبه کاهش مرتبه معادله تعمیم یافته mKdV با ضرایب ثابت و متغیر به روش مو-تقارن است. بعلاوه، مو- قانون بقا و لاگرانژین معادله تعمیم یافته mKdV با ضرایب ثابت و متغیر، با استفاده از روش مسئله تغیراتی بدست می آید. Manuscript profile -
Open Access Article
145 - On convergence of homotopy analysis method to solve the Schrodinger equation with a power law nonlinearity
M. A. Fariborzi Araghi S. Naghshband -
Open Access Article
146 - Realization of public participation principle in water resources management based on domestic and international water Law
Mansour Mohammadi Dinani Yousef Molaei Mohammad Ebrahim BanihabibBackground and aim: Rules and regulations have tremendous effects on both effective water - energy management and dealing with main water-related challenges such as climate change, water shortage, carbon emission and water pollution.Methods: In the study base on descrip MoreBackground and aim: Rules and regulations have tremendous effects on both effective water - energy management and dealing with main water-related challenges such as climate change, water shortage, carbon emission and water pollution.Methods: In the study base on descriptive method, Iran water legal framework on water resource management is evaluated according to public participation principle.Results: The results show that Access to information as one of the pillars of the principle faces serious challenges. Lack of communication ways, inaccurate water quality and quantity statistics, several institutions responsible for issuing water permits in each catchment are challenges of Access to information. Participation in decision-making for both governmental and non-governmental organizations couldn’t satisfy mainly due to conflict of interests, restrictions on water and water rights exchange.Conclusion: Groundwater affairs commission as a quasi-judicial body for water disputes resolution couldn’t realize access to justice in water sector due to lack of legal obligation to release data, restricted competence and structural problems. Manuscript profile -
Open Access Article
147 - Analysis of Normative Hierarchy in International Environmental Law
Mojtaba Sobhaninia Mohsen Abdollahi Seyed Abbas PoorhashemiBackground and Aim: Although international law mostly composed of identical norms, it contains some hierarchical elements. At the top of this hierarchy are the Jus Cogens norms, which have a higher legal quality than other norms. On the other hand, customary rules of in MoreBackground and Aim: Although international law mostly composed of identical norms, it contains some hierarchical elements. At the top of this hierarchy are the Jus Cogens norms, which have a higher legal quality than other norms. On the other hand, customary rules of international law also have a special place among legal norms, because customary rules of international law are generally binding on all states and have erga omnes effect and consequently limit the sovereignty of states. Accordingly, the international community is transitioning from state-centered community to human-centered community in which the element of the will of states as the factor in shaping the rules of international law is modified and international principles and values, including the protection of the global environment, play a greater role in gradual development of international law.Methods: This research is based on analytical-descriptive legal inductive method.Findings: The present study seeks to develop a normative hierarchical theory in the realm of international environmental law in order to provide a solution to address the shortcomings of the international environmental law system. The findings of this study show that the normative hierarchy in international environmental law, through the fundamental values of the international community, which appear in the form of customary rules and Jus Cogens norms of international law, provide a framework for environmental protection and resolving normative conflicts in international litigation. Results: The conclusion of the present article is that some principles of international environmental law, such as the principle of no-harm, which requires due diligence, have been recognized as a customary rule in the realm of international environmental law. On the other hand, it seems that despite the fact that some environmental norms have the capacity to become Jus Cogens norms, they have not yet been able to achieve that status. Manuscript profile -
Open Access Article
148 - Geopolitical and Environmental Study of the Pollutions in the Persian Gulf and the Gulf of Oman
sona ghasemi Seyed Abbas Poorhashemi ali zare parvin farshchi Davood Hermidas BavandThe sources of pollutions in the Persian Gulf and the Gulf of Oman are very widespread and various. Oil and atmospheric pollutions, ships traffic, discovering activities through the seabed, waste offloading; municipal waste disposal, constructing artificial islands, dis MoreThe sources of pollutions in the Persian Gulf and the Gulf of Oman are very widespread and various. Oil and atmospheric pollutions, ships traffic, discovering activities through the seabed, waste offloading; municipal waste disposal, constructing artificial islands, discharging saline wastewater of desalination machines, etc. are the most important recognized sources of pollution in the region. However, the dominating legal system of the present common and conventional law cannot confront these various and widespread pollutions. Political challenges, regional competitions, and legal gaps (regional or international) have led to non-cooperation in confronting sea pollution. The present study, using an analytical and inductive method, focused on this issue. The results showed that the gaps in combating the Persian Gulf pollution have impacted on the behavior of political stakeholders and that the international cooperation is a must for filling the legal and administrative gaps. Manuscript profile -
Open Access Article
149 - Mechanisms to guarantee the right to clean air in Iran and the European Union
fatemeh hamidi maryam afshari Ali MashhadiBackground and Aim: In Iran, the issue of guaranteeing the right to clean air and its enforcement mechanisms has not yet found its real position in the legal system. The purpose of the article is to interpret the current situation regarding the right of citizenship, acc MoreBackground and Aim: In Iran, the issue of guaranteeing the right to clean air and its enforcement mechanisms has not yet found its real position in the legal system. The purpose of the article is to interpret the current situation regarding the right of citizenship, according to access to clean air, and the corresponding laws in Iran. To achieve this goal, European countries and corresponding laws have been chosen as benchmarks. Finally, providing solutions in the form of reasons for not defining the corresponding human rights laws and implementing them in the field of clean air will be the ultimate goal of the article.Methods: The current research is of the type of applied research, especially, the inferential approach and the analysis of the existing conditions by the author were the main paths in the final impressions.Findings: In Iran, the issue of guaranteeing the human right to clean air and its enforcement mechanisms has not yet found its real position in the legal system, specifically, elements such as the need for large investments, long-term and researched planning, and access to modern technologies for industrial use. The main challenges in defining and implementing citizens' rights are in the issue of access to clean air. In contrast, the European Union has always been a pioneer in creating a specific legal system in the field of dealing with air pollution.Conclusion: According to internal and external reports and standards, the level of air pollution in Iran violates the rights to life and health, children's rights, and the right to live in a healthy and sustainable environment. In Iran, there is no sufficient legal system to restore citizen's rights in the issue of clean air, or if there is, they are not fully implemented Manuscript profile -
Open Access Article
150 - Environmental terrorism risk management solutions with a focus on prevention in the light of international law
behrooz sepehri Nowruz Kargari Mohammad Ashouri ghassem ghassemiThe inescapable dependence and connection of living organisms with the environment, along with the ease of contagion and the cross-border nature of the harmful effects of destructive environmental actions, increases the risk of serious vulnerability of humans if the env MoreThe inescapable dependence and connection of living organisms with the environment, along with the ease of contagion and the cross-border nature of the harmful effects of destructive environmental actions, increases the risk of serious vulnerability of humans if the environment becomes a target or tool by terrorist groups. Such a way that it is possible, as a result of environmental terrorism, the life and health of a wide range of human societies may suffer irreparable injuries and cause extensive damages. For this reason, in order to fight against environmental terrorism and control the risks its injuries, it is not enough to criminalize and determine the legal punishment for the perpetrators, but it is necessary to think of comprehensive and universal preventive measures. In order to avoid the terrible dangers of environmental terrorism as much as possible, must considering the international norms, measures to prevent environmental terrorism be foreseen. The present research has been done in a descriptive-analytical manner and in the form of citations through the use of library and electronic resources including books, articles, dissertations, regulations and international documents in Persian and English languages. Deterrent norms in the prevention of environmental terrorism in international documents, in the form of measures such as the prohibition of supporting terrorism, norms related to humanitarian rights, curbing the development of weapons of mass destruction, norms related to environmental protection, necessary measures to protect agricultural products and other basic needs. And also assuming the occurrence of terrorist behaviors, supporting the victims and restoring the previous situation under the light of transitional justice, they are among the measures that will be effective in preventing or mitigating the risks caused by environmental terrorism. International documents and norms indicate that the experiences of historical events have made the international communities understand the terrible dangers of environmental terrorism and predict measures, albeit incomplete, to prevent the occurrence or neutralize the effects of such terrorism. Manuscript profile -
Open Access Article
151 - Explaining the Risk and Responsibility Framework in the Light of International Environmental Law
niloufar nezhad esmaeili Sobhan TayebiToday, protecting the environment is considered an important issue for human society. In this regard, any type of destruction in small dimensions may become large and irreparable. Since the damage caused to the environment is not visible at the beginning and its destruc MoreToday, protecting the environment is considered an important issue for human society. In this regard, any type of destruction in small dimensions may become large and irreparable. Since the damage caused to the environment is not visible at the beginning and its destructive effects become visible over time, this issue should be considered transboundary and any environmental destruction entails transboundary and international responsibility. The current research is based on library studies and data collection in the framework of descriptive material collection and analysis. In this regard, the opinion on the topic of environmental hazards and human destruction of responsibility based on the theories of error and risk is defined and raised. The importance of this issue and the existing evidence led us to explain the framework of risk and responsibility in the light of international environmental law during the upcoming research and to the question of whether the explanation of the framework of risk and responsibility in international environmental law is related to the extent of governments' adherence to Will international environmental treaties make a difference? With this hypothesis, it seems that the explanation of the framework of sovereignty in the light of the procedure of following and adhering to international obligations is a guarantee of the implementation of international treaties. Manuscript profile -
Open Access Article
152 - Environmental Rule of Law" and its role in the Sustainable Development Goals, Emphasizing on the International Union for Conservation of Nature on the World Declaration on the Environmental
Seyed Abbas Poorhashemi Seyed Behrad MirfakhraeiBackground and Aim": Environmental Rule of Law" is an emerging concept which has been raised as a legal instrument by the United Nations Environment Program (UNEP) for the first time and it has been able to work in order to extent the environmental protection and to add MoreBackground and Aim": Environmental Rule of Law" is an emerging concept which has been raised as a legal instrument by the United Nations Environment Program (UNEP) for the first time and it has been able to work in order to extent the environmental protection and to address the environmental challenges. This concept is generally derived from the notion of the Rule of law that derives from domestic law to international law. International Union for Conservation of Nature (IUCN) at the First World Congress on Environmental Law has developed a Declaration to better understand the concept of 13 principles that can play a significant role in the goals of sustainable development; some of the principles referred to others. In fact, the emphasis is on the fundamental principles of environmental law, and new principles have been introduced, which can be considered through the pursuit of sustainable development goals. Also, for the implementation of this concept, administrative and educational solutions are addressed in this Declaration. This paper examines the "Environmental Rule of law" and its role in sustainable development goals by emphasizing on the International Union for Conservation of Nature on the World Declaration on the Environmental. In addition, the aim of this article is to provide some solutions to the legal and executive challenges in this matter. Methods: In this research, information has been collected by observing a library according to documents, texts, articles, etc. And in terms of the type of data, it is considered a qualitative method. Findings: The concept of the rule of law especially environmental issues at the level of international law, as a unifying solution to provide the progress of sustainable development. Discussion and Conclusion: The principles considered for the mentioned concept of environmental rule of law; it is important to lead to the reduction of adverse effects, reduce conflicts over resources and facilitate the goals of the third generation of human rights as a legal solution to achieve the goals of sustainable development and justice. Manuscript profile -
Open Access Article
153 - Identification of Jus Cogens Norms of International Law with a Glance to the Possibility of Emergence of Jus Cogens Norms of International Environmental Law
mojtaba sobhaninia Mohsen Abdollahi Abbas PoorhashemiJus Cogens norms of international law are among the key concepts cotibuting the development of international law. These norms stand out among other international norms because they uphold the fundamental values of the international community; contrary to mutual internat MoreJus Cogens norms of international law are among the key concepts cotibuting the development of international law. These norms stand out among other international norms because they uphold the fundamental values of the international community; contrary to mutual international obligations, these norms are owed by and in the interest of all states. Although there is no uncertainty regarding the concept of Jus Cogens norms in the international law literature, the identification parameters and contents of such norms have always been subject to debate. Therefore, it is both controversial and difficult to explain the nature of Jus Cogens norms and develop an effective solution to identify them. This descriptive-analytical desk research seeks to answer this question: What criteria could be helpful in identifying such norms against the backdrop of international law? And consequently which Jus Cogens norms belong to the realm of international environmental law. To shed light on how to correctly identify Jus Cogens norms, this study proposes and examines two criteria: the 'rule of general international law" and the "acceptance and recognition". The results show that some principles of international environmental law, despite the fact that have the potential to become Jus Cogens norms, they have not been able to achieve that status, yet. Manuscript profile -
Open Access Article
154 - position of environmental law international law of war
Parvin Farshji Farhad Dabiri Majid Abbaspour Mehrdad Nazemi Melina EtehadImportance and key role of environment in humanlife is undeniable.While war as one of the destructive human activitieshas caused environmental destruction and in factthis is the most important pillar of human survivalhas allocated minimal importance in internationallaw. MoreImportance and key role of environment in humanlife is undeniable.While war as one of the destructive human activitieshas caused environmental destruction and in factthis is the most important pillar of human survivalhas allocated minimal importance in internationallaw. As we know techniques have employed duringwar can have destructive environmental impact,hence during war the environmental protection isas a part of international law, although environmentalprotection law still are not comprehensive butimproving position of the environment represents inthe international law of war. There are sporadic rulesabout environmental protection in international lawof war during war. The most important of theserules be observed in (1977). Geneva and ENMODconvention.These treaties are contain generalrules in the field of environmental protection duringwar such as ban of using tools and methods thatmakes extensive and severe and lasting effecton the environment. Finally, with revising rulesrelated to the environmental protection duringwar can be concluded that these rules are notenough for protecting the most important elementof human survival also need stronger enforcement.In addition, considering this fact when these rulescome in to force that major power in the world isinterested to them. We have to find way in orderto reduce political influence in the internationallaw about environmental protection and all thecountries in the world obey it. Manuscript profile -
Open Access Article
155 - A Comparative Analysis of the Legal Status of Noise Pollution in Iran and Some Asian Countries.
Farhad Dabiri Parvin Nassiri Noushin Ahan RobaeeGenerally, the major factors in producing noise especially in large cities are industrialactivities, constructional equipments and machines, motor vehicles, motorcycles, undergrounds andtramways, airplanes, ships and motorboats.Some Asian countries such as China, Turkey MoreGenerally, the major factors in producing noise especially in large cities are industrialactivities, constructional equipments and machines, motor vehicles, motorcycles, undergrounds andtramways, airplanes, ships and motorboats.Some Asian countries such as China, Turkey, and Japan have adopted legal measures tocontrol and eliminate the noise pollution Since, the Iranian legal system in the area of noise pollutionsuffers insufficiencies and problems, a comparative analysis of the laws and regulations of Iran and afew selected Asian countries can be helpful for finding the shortcomings as to the control of thepollution in Iran and Tehran. This paper is aimed at identifying the above-mentioned defects throughstudying the legal status of noise pollution in Iran as compared to a few other Asian countries. Manuscript profile -
Open Access Article
156 - Utilization of renewable energy resources in European Union’s Legal System
Seyed Abbas Poor Hashemi Loabat Taghavi Azam Parande MotlaghToday, renewable energies are considering as clean sources of energy and optimal use of these resources minimize environmental impacts in the world. On the other hand, utilization of renewable energies for environmental protection has been increasing rapidly in recent y MoreToday, renewable energies are considering as clean sources of energy and optimal use of these resources minimize environmental impacts in the world. On the other hand, utilization of renewable energies for environmental protection has been increasing rapidly in recent years especially in developed countries and employing this kind of energies for environmental protection has been successful. Despite the importance of renewable energies, unfortunately, this type of energy are not widely used in all countries. It is clear that renewable energy resources exist over wide geographical areas, in contrast to other energy sources, which are concentrated in a limited number of countries.Based on the European Union model, in order to achieve sustainable development and environmental protection, the use of fossil energy sources to renewable energy sources such as wind energy , solar energy, global warming , alternative energy, biomass, etc., are very essential. The purpose of this study is to evaluate the current EU legal system to promote of the utilization of renewable resources that can be considered as one of the models studied in this context. Manuscript profile -
Open Access Article
157 - Forest environment in light of prinicipals of Conservation law
Ali Babai MehrOne of the most important subject under discussion public law is environment. Discussion about forest environment and different related profits is one of the considerable subject in the systems of environment.Iran in laws of many countries including there MoreOne of the most important subject under discussion public law is environment. Discussion about forest environment and different related profits is one of the considerable subject in the systems of environment.Iran in laws of many countries including there are some regulations deserving legal support , but what is suppurted by law is preserving the forest environment neither variety of environment nor interests of forest in habitants and public utility. The present article intends to consider the different interest by descriptive method and comparative view , and states the process of participation in environment management and at last introduce alternative s solutions about the way of desirable control environmental forest Manuscript profile -
Open Access Article
158 - Review the status of environmental education in Iran and comparison with other countries
Zahra Hemmati Seyyed Mohammad ShobeiriIn recent years, environmental education has become a priority growing locally, nationally and internationally. United Nations decade of education for sustainable development (2005-2014), invites all member states to attempt to increase the commitment for educate people MoreIn recent years, environmental education has become a priority growing locally, nationally and internationally. United Nations decade of education for sustainable development (2005-2014), invites all member states to attempt to increase the commitment for educate people, about the need to establish a sustainable future and create capable citizens to perform its. Therefore, the environment as well as one of the main components of sustainable development requires training. Since from 1970s, many meetings and conferences been held in this area, some of which are quite important due to influence legislation, design and implementation of environmental education programs throughout the world. Many countries have done appropriate efforts in this regard, although some of these countries are in the early stages. This study is a documentary research review status of environmental education in Iran in comparison with other countries. First, legislation and development programs were considered in order to investigate the status of environmental education in national laws and then, programs and activities related to environmental education by various organizations were studied. Finally, it was concluded that environmental education in Iran is in the beginning of the path, although limited efforts, but effective have been done in this area. Also some recommendations are provided to improve position of Iran in terms of environmental education. Manuscript profile -
Open Access Article
159 - A Review of the Legal Protection of Conservative Officer, the Missing Link of the Protective Bleak Environment
Abolghasem Ebrahimi Alireza Hasani Abolfazl RahmanisaniAbstract Conservative officer who has the responsibility of implementing rules and regulations of hunting, fishing and the protection and improvement of the environment plays in their controlling zone. Considering the importance of this segment of discerning business a MoreAbstract Conservative officer who has the responsibility of implementing rules and regulations of hunting, fishing and the protection and improvement of the environment plays in their controlling zone. Considering the importance of this segment of discerning business and oppressed in society. The purpose of this article, an overview of the problems of the profession and the laws protecting. This review study aimed to evaluate the rule of law is supportive of the conservative officer. Related studies through Google Scholar databases and news sites ISNA, bright, EPA and some books in Persian with keyword conservative officer, environment, environmental law, protective legislation was extracted and examined. EPA conservative officers in terms of employment law, are civil servants. But with regard to working conditions, a situation similar to the security forces or paramilitary Darnd. According to international standards per 4000 hectares in a natural setting. In conservative officer to protect it while in Iran there for every 40,000 hectares a conservative officer this field of environmental protection has made it difficult for Iranian conservative officers. The number of conservative officers in the country with a lot of responsibility, are nit enough. Conservative officers always many risks such as armed conflict, living in the desert, mountain, facing booby traps and fire deal. Therefore, the support it should be the government's top priority. Manuscript profile -
Open Access Article
160 - A Comparative of “Self” and “the Other” in Germany by Madame de Staël and Westernization by Jalal al-Ahmad
Malahat Babayari Raveshti Majid Yousefi BehzadiAbstractJalal Al-Ahmad (1923-1969) and Madame de Staël (1717-1817) are among prominent writers of Iranian and French literature respectively. Their eras were similar in numerous ways: literature, society and culture, eventually leading to a contrast between German MoreAbstractJalal Al-Ahmad (1923-1969) and Madame de Staël (1717-1817) are among prominent writers of Iranian and French literature respectively. Their eras were similar in numerous ways: literature, society and culture, eventually leading to a contrast between German Romanticism and French Classicism in Germany by Madame de Staël, and east and west in Westernization by Jalal al-Ahmad. Analogy is one of the common aspects of these two works. The presence of looking at “the other” in the writings of these two authors is an influential factor in the evaluation of the “self”. The main goal of this study is to examine how Pierre Brunel’s theory of law of emergence can be applied to the the ideas of Al-Ahmad and Madame de Staël. this study takes a comparative approach to the analysis of “self” and “the other” in these two books, defining the affinity and contradiction between a society that “looks” and a society that is “looked at”. Also, the factors leading to this intellectual resemblance is identified and examined. Manuscript profile -
Open Access Article
161 - COMPARATIVE STUDY OF THE MANIFESTATIONS OF NARRATIONS IN DĪVĀN-E ŠHAMS-E TABRĪZĪ (THE WORKS OF SHAMS OF TABRIZ)
Jalil Tajlil Maalek ShoaeiReferring to narrations and assertions has been the most influential faith after Quran in the history of Islam. Scholars and narrators have tried to maintain and reserve narrations and assertions. Arab and Persian poets have enjoyed using these narrations in t MoreReferring to narrations and assertions has been the most influential faith after Quran in the history of Islam. Scholars and narrators have tried to maintain and reserve narrations and assertions. Arab and Persian poets have enjoyed using these narrations in their poetry to increase the eloquence of their works. This has resulted in mutual ties between poetry and Islamic learnings and enrichment of Persian language, literature and culture. Using narrations and assertions not only adds to the eloquence but it also increases the beauty of content and form. Many poets have used them in their works and among them Molawi is a prominent one. Manuscript profile -
Open Access Article
162 - Jurisprudential review and guarantee of criminal execution of dowry, alimony and custody Looking at the Quranic teachings
nayere Muhammad Ali Ibrahim maryam aqaei bajestani seyed mohamadreza emamEnforcement of criminal law in family law is one of the most important and controversial issues that has always been the subject of discussion. In this article, an attempt has been made to study the jurisprudence and guarantee the criminal execution of dowry, alimony an MoreEnforcement of criminal law in family law is one of the most important and controversial issues that has always been the subject of discussion. In this article, an attempt has been made to study the jurisprudence and guarantee the criminal execution of dowry, alimony and custody. The present article is an analytical descriptive study of the subject using the library method. The results of the article indicate that dowry, alimony and custody from the jurisprudential point of view contain instructions to protect the rights of couples and children. Criminal law also provides for a criminal guarantee for non-payment of alimony and dowry, as well as non-acceptance of custody. The Family Protection Law adopted in 2012 has intensified its punishment in cases such as the criminal execution of leaving alms. The penal provisions of the law in some cases, such as non-registration of marriage in terms of rules and principles of legislation such as necessity, comprehensiveness, face serious gaps and ambiguities. Regarding the dowry, of course, admirable efforts have been made to adjust and balance the dowry. Manuscript profile -
Open Access Article
163 - Traditions and Qur'anic Research on the Evidence for the Freedom of E-Commerce Contracts
amir ahmadiAccording to the principle of freedom of contract, any commercial contract that is not contrary to Sharia and law is valid. The purpose of this study is to investigate the validity and validity of the evidence of e-commerce contracts and to clear up any ambiguities in t MoreAccording to the principle of freedom of contract, any commercial contract that is not contrary to Sharia and law is valid. The purpose of this study is to investigate the validity and validity of the evidence of e-commerce contracts and to clear up any ambiguities in this area. In this research, I will first state the Tradition. Then, we will examine the general Qur'anic evidences and the meaning of the verses that have been mentioned regarding the sale, trade, and lawful and unlawful businesses, and I will explain the naming and generalization of these verses. Examining the requirements of the principles as the third reason and the requirements of the rational structure as the fourth reason for the legitimacy of electronic contracts has not gone unnoticed. From this research, it can be concluded that according to the above reasons, e-commerce contracts are legitimate and are accepted by the legislature and human societies. Also, directing e-commerce rules to dynamic jurisprudence to remove doubts between the parties to the contract is one of the achievements of this article. Manuscript profile -
Open Access Article
164 - Investigating the degrees of premeditated murder based on the psychological element with emphasis on Quranic texts
Hamidreza Dejan Mehdi Sabooripour Mahmoud Ruh Al-Amini Seyed Mehdi Ahmadi MousaviIn Iranian legislative systems, unlike other legal systems, the classification of murder is not recognized. Now the important question is, how can combine the "standard criterion" that is the criterion in "acting typically causing murder another" with the personal crite MoreIn Iranian legislative systems, unlike other legal systems, the classification of murder is not recognized. Now the important question is, how can combine the "standard criterion" that is the criterion in "acting typically causing murder another" with the personal criterion based on "perpetrator awareness and attention"? The answer is that materially and externally, the perpetrator's action should not be based on a certain criterion, i.e, from the point of view of a "normal person", in most cases, it leads to the murder of another, and unintentional murder, but also from a psychological point of view, should be found that he was aware of this. In this article, while analyzing the concept of jurisprudential and classical premeditated murder, we examined its degrees according to the severity of criminal intent and concluded that the type of grading is both effective in the amount of punishment and it can be in accordance with the principles of criminal justice. Manuscript profile -
Open Access Article
165 - 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
166 - Analysis of the duties of mass media from the perspective of Quranic jurisprudence and Iranian law in media propaganda
mohammad heidari narmandi Mohammad Ali Heidari masoud raeThe purpose of this article is to explain the policies and criteria that the religion of Islam and the jurisprudence of the Qur'an in the way of transmitting content in the mass media is seen as mandatory propositions and considers them a necessity of religious com MoreThe purpose of this article is to explain the policies and criteria that the religion of Islam and the jurisprudence of the Qur'an in the way of transmitting content in the mass media is seen as mandatory propositions and considers them a necessity of religious communication in the mass media. The Qur'an is quoted in the media and is briefly as follows: A. The free flow of information is not prohibited, except in cases where an explicit prohibition has been received from the Holy Shari'a or an expedient reason arises from a secondary ruling prohibiting freedom of information and the obligation to censor. B- Justice in information means equality between people in receiving information and prohibition of discrimination in providing information service to the audience of news media are other specific policies in the view of the Shari'a. C- Activation of the information system is another policy that has a positive dimension and a current aspect. According to this policy, the information system should not be indifferent to what is happening in society and should deal with unhealthy news flows and put service to the goals of the Islamic system on its agenda. Manuscript profile -
Open Access Article
167 - Reflection on the death of apostates and infidels in criminal jurisprudence with emphasis on Quranic teachings
hamidreza dezhan Esmaeil EslamieAbstract In general, in Islamic society, protecting people and respecting their blood is a principle, and Islam has never allowed the violation of the lives of people living in its territory. According to the jurists, jurists, religious texts, and consequently the Islam MoreAbstract In general, in Islamic society, protecting people and respecting their blood is a principle, and Islam has never allowed the violation of the lives of people living in its territory. According to the jurists, jurists, religious texts, and consequently the Islamic Penal Code, committing certain acts and behaviors by Muslims or people living in Islamic lands causes their blood to be allowed, which the jurists and jurists consider They call it Mahdoor al-Dam. The death of an apostate and infidel is one of the most important issues in Islamic political jurisprudence, which is mentioned in many verses and hadiths. In this article, the reaction of the Iranian political-legal system to these two crimes will be studied through analytical-descriptive and library methods. This article, while examining these two crimes, concludes that in our jurisprudential and legal system, killing infidels of the military type and apostates of the natural type is the consensus of Shiite jurists, of course, given the current situation and the establishment of the judiciary and institutions. Relevant and in order to prevent chaos and disruption in the social system and weaken the Islamic government, the implementation of such rulings is the responsibility of individuals in society and is one of the main duties of the government. Manuscript profile -
Open Access Article
168 - Examining the expediency of prisoners in Quranic studies and law
rahman majazie alireza rajab zadeh alireza mazloom rahnieAbstractAs a necessity in any society, the pecuniary interest is certain and inviolable. In addition to the emphasis of the Holy Law on supporting disabled and disabled people who do not have the ability to protect their property and know the interests of their affairs; MoreAbstractAs a necessity in any society, the pecuniary interest is certain and inviolable. In addition to the emphasis of the Holy Law on supporting disabled and disabled people who do not have the ability to protect their property and know the interests of their affairs; Intellectuals, social reformers and legal scholars are also aware of the importance of the issue in every society and pay special attention to the proper implementation of protection for the imprisoned. Due to the fact that the management of the property and interests of minors, madmen, non-reshid persons, etc. has different aspects and includes many examples. Sometimes it happens, however, guardians, legal guardians, judicial authorities involved in financial affairs, etc., in financial and non-financial affairs, come across cases where two interests are placed against each other, to determine which of the conflicting matters From the Shari'a, moral and legal point of view, it is against financial gain; There is no specific rule. In this regard, there are shortcomings and abridgements of the laws, and the decisions of guardians, guardians or legal guardians may be contradictory in different cases, which is not compatible with justice. In this research, we will analyze the issue by examining the "expediency of prisoners in Quranic studies and law".Key words: expediency of prisoners, Quranic studies, law. Manuscript profile -
Open Access Article
169 - The option of what which Depreciates in a day in Imamiyeh
Ezatollah BarkhordariIn the case the customer, in sale contracts, does not pay the consideration to the seller within three days since the date of transaction, provided that other conditions are present, the seller will be entitled to the option of delayed payment which enables him to cance MoreIn the case the customer, in sale contracts, does not pay the consideration to the seller within three days since the date of transaction, provided that other conditions are present, the seller will be entitled to the option of delayed payment which enables him to cancel the sale. However, in the case the object of sale is considered among the goods which depreciate within the first three days of the transaction, the seller must be provided with an option prior to the expiry of three days, so that he/she is enabled to compensate the loss by administering the mentioned option. The above-named right of cancellation is known as 'the option of what which depreciates in a day' in Jurisprudence, and is accounted for in the Civil Law; article 409, in the regulations pertaining to the option of delayed payment. The mentioned option is not of an independent nature but an aspect of the option of delayed payment, therefore the entire conditions of its applicability (except for the time period upon which the seller will be entitled to it which is different according to the type of the object of transaction), effects, laws, and regulations are identical to those of the option of delayed payment. Manuscript profile -
Open Access Article
170 - JURIDICAL AND LEGAL STUDY OF DELAY FINE
Majid khazaieDelay fine is very popular in Iran's banking system while some religious authorities have mentioned it to be a case of unlawful profit and have emphasized on eradicating it. Simple and easy consideration of religious decrees and sticking into one way of dealing with thi MoreDelay fine is very popular in Iran's banking system while some religious authorities have mentioned it to be a case of unlawful profit and have emphasized on eradicating it. Simple and easy consideration of religious decrees and sticking into one way of dealing with this issue at different times and under different circumstances is some son of caducity which will result in lack of flexibility for facing different situations and will lead to petrification. The present article studies different types of unlawful profit while comparing and contrasting with the profits of the banking system. Manuscript profile -
Open Access Article
171 - A New Viewpoint on Testament Judgment Based on Verses and Traditions
Mohammad Reza Keikha Zahra BeizadehShiite mysticism considers and knows justice as the necessary condition for some positions such as congregational Imam, testifying, judgment and authority. Jurisprudents express various meanings for justice and the present paper proves that justice is of different level MoreShiite mysticism considers and knows justice as the necessary condition for some positions such as congregational Imam, testifying, judgment and authority. Jurisprudents express various meanings for justice and the present paper proves that justice is of different levels and of duties. It also proves that for the various positions in which justice is a must, it is not equally valid; for some such as congregational Imam a low level is needed while for judges and religious authorities (marji' taqlīd) the highest level is a must rather than other positions. Testifying is one of the most important ways to prove right for judgment. Our legislator has developed testament proofing power in a way that there is no limitation for testament in spite of foreign laws in which specific claims are only permitted to be testified. This article studies testament completely. Manuscript profile -
Open Access Article
172 - Right to Social Security with Emphasis on Verses and Hadiths
Somayeh Sarami Nafiseh Nekouei Mehr Atefeh Hosseini Fard Mohammad Javad AbdollahiOne of the duties of the Islamic government is to provide security and establish order and tranquility in the growth and development of society, which should be done by using and employing various tools and facilities, and also the Islamic society has a duty to establis MoreOne of the duties of the Islamic government is to provide security and establish order and tranquility in the growth and development of society, which should be done by using and employing various tools and facilities, and also the Islamic society has a duty to establish the guardianship of faith and in order to avoid disorder and chaos, to perform the life-giving duty of enjoining the good and forbidding the evil. In order to become more familiar, it is worthwhile to discuss the position of security in Islam and verses and hadiths in detail in order to be clarified Iran's thoughts and positions in this regard which are derived from the spirit of the teachings of pure Islam.In this article, it is tried to answer these questions: what order should be observed according to verses and hadiths? And whose security or military should be maintained? Various types of social security have been examined from the perspective of verses, hadiths and domestic and international laws using the library method, and the law enforcement force has been mentioned as one of the most important pillars of protecting the right to social security. Manuscript profile -
Open Access Article
173 - Nutrition Style in Human Health from Verses and Traditions View Point
Tayyebeh Ekran Mehrnaz GoliHealthy and appropriate nutrition is the one which should be free of any pollution and pestiferous factors. It also should be qualitative and full of minerals and energizers that could provide the nutritious needs of the body in different conditions of growth, health an MoreHealthy and appropriate nutrition is the one which should be free of any pollution and pestiferous factors. It also should be qualitative and full of minerals and energizers that could provide the nutritious needs of the body in different conditions of growth, health and sickness. In other word it should contain variety and balance which this paper aims to study the healthy life and nutrition style from Quran and traditions view point in descriptive – analytical method. The healthy and appropriate nutrition makes human healthy physically and mentally from Quran's point of view and this is one of the most important Quran's educational programs. Thus the healthy nutrition is one of the most important effecting criteria for human health. Manuscript profile -
Open Access Article
174 - Feminism and its effect on the interpretations of conflicting verses between men and women
Fatemeh Shah Koohi Ebrahim Fallah Arastu MiraniThe effect of gender on the understanding of texts is one of the issues that have been proposed in recent decades in the field of understanding religious texts. By the advent of feminist science, this theory has even advanced to the female reading of religious and Islam MoreThe effect of gender on the understanding of texts is one of the issues that have been proposed in recent decades in the field of understanding religious texts. By the advent of feminist science, this theory has even advanced to the female reading of religious and Islamic texts. The purpose of this study is to depict the status and social personality of women in the interpretations of conflicting verses between men and women in the Holy Quran, a subject that led to accusations, especially in Western societies, to the religion of Islam to remove the doubts by explaining and combining the customary between the narrations seemingly contradictory related to women and distinguishing the correct hadiths from Saqim. In this research, it has been tried with descriptive-analytical and library method of concepts of interpretations with rational-ijtihad approach, from the third century to the fifteenth century under these conflicting verses and from the point of view of feminist commentators, the impact of this trend of thought on interpreters' interpretive works in interpretations of conflicting verses between men and women to be studied. Manuscript profile -
Open Access Article
175 - Legal and Quranic dimensions against financial terrorism with a focus on human rights
Somayeh Sarrami Nafiseh Nekouei Mehr Seyed Mohammad Sadegh TabatabaeiIn Iranian law, the term terrorism has been used many times, but the mentioned applications are not in the field of criminology and legal fight against terrorism, but the general responsibilities of the police and the Ministry of Interior is mainly explained. Given that MoreIn Iranian law, the term terrorism has been used many times, but the mentioned applications are not in the field of criminology and legal fight against terrorism, but the general responsibilities of the police and the Ministry of Interior is mainly explained. Given that Iran's name is on the FATF blacklist these days, it was necessary to study Iran's membership in various multilateral treaties on the prohibition of international terrorism in order to determine whether Iran's law is consistent with international law in the field of international terrorism. This article first deals with the definitions of terrorism in the laws and the Qur'an, and then deals with the laws of Iranian domestic law and membership in anti-terrorism conventions. Finally, it is important to note that Iran has taken effective steps against financial terrorism and it is one of the activists against this crime. Manuscript profile -
Open Access Article
176 - Familyism in Constitution of Islamic Republic of Iran Inspired by Quranic Doctrines
Mohammad Reza Kiyan Poor Ali Akbar Gorji Bakhtiyar NasiriThe constitution is considered as fundamental document that contains people’s rights and liberties that is inspired by the Quranic doctrines; paying attention to development and establishment of family have been disregarded from lawyers’ viewpoint and princi MoreThe constitution is considered as fundamental document that contains people’s rights and liberties that is inspired by the Quranic doctrines; paying attention to development and establishment of family have been disregarded from lawyers’ viewpoint and principles such as principle No. 10 of constitution obliges the government to plan in order to facilitate, form and consolidate the foundations of the family and preserve its sanctity. Of course, although the family is a private realm, some decisions about it have social dimensions. In such cases, the support of the legislature and lawmaker is necessary. Obviously, this support should never lead to interference. Manuscript profile -
Open Access Article
177 - A Study on Reasons of Confession in Quran and Civil Rights
Zahra Momtazeri Seyyed Mohammad Mousavi Bojnordi Seyyed Mohammad Sadeq Mousavithe reason for confession, which is one of the important proofs of litigation in civil law and jurisprudence, plays an important role in the trial and its importance is such that it has been interpreted as "Sayyid al-Dalail" and subsequently the jurists have established Morethe reason for confession, which is one of the important proofs of litigation in civil law and jurisprudence, plays an important role in the trial and its importance is such that it has been interpreted as "Sayyid al-Dalail" and subsequently the jurists have established the rule of "confession". This rule is not only in accordance with the manners of the wise, but also has strong foundations in the book and tradition, because many of the rules of jurisprudence are based on the Book of God, which is referred to in the scientific interpretation of the verses of the rules. The jurists also cite verses for the authority of this rule, the most important of which can be considered as Verses 81 of Al-Imran Surah, 102 of Tawbah Surah and 135 of Nisa Surah. Some of the Imami jurists such as Shahid Thani and Allameh Helli in their books have cited reasons that the first source of this rule is the Holy Qur'an in detail in order to confirm the rule of confession but their opponents, with another interpretation of these verses, believe that these verses seek to express things other than confession and cannot achieve the confession from it as discussed in jurisprudence and law. Manuscript profile -
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178 - Jurisprudential and Legal study of Filicide by Taking a Look at Quranic Teachings
Ahmad Ahmadi Rashin ZiyaThe main and first sentence of murder is retribution. One of the exceptions of this general principle is the murder of a child by father. This idea entered criminal law after the Islamic Revolution. From the point of view of most Islamic jurists, the sentence of a man w MoreThe main and first sentence of murder is retribution. One of the exceptions of this general principle is the murder of a child by father. This idea entered criminal law after the Islamic Revolution. From the point of view of most Islamic jurists, the sentence of a man who kills his son is reduced by a degree of discount from retaliation- which is the total sentence in murder emphasized in the Holy Qur'an- to the payment of blood money and ta'zir. In Islamic jurisprudence, several reasons have been mentioned for this sentence and narrations have been cited that have a great deal of validity in terms of principles. The view of Islamic jurists on this issue is different; Some of the jurists, who include the majority of the Imam's jurists, have agreed with the sentence of the exemption of the father, and have stated the base of their agreement on the two hadiths of the Infallible Imams (AS) and, of course, some rational reasons for the sentence. On the other hand, the opponents, citing the general sentence of retaliation in murder, consider the father and paternal grandfather as an example of the general sentence and sentence him to retaliation. Manuscript profile -
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179 - Respecting Divine Shrine Reflected in Jihadi Morality from Quran’s Viewpoint
Mohammad Amin Moayedi Banan Yadollah Maleki Seyyed Karim Khoob Bin Khosh NazarThe final goal in this article is to explain and reveal the ethics of jihad and campaign in the way of God, from Holy Quran viewpoint. Therefore, everything that has been claimed during the research has been analyzed in the light of the divine word and with the ben MoreThe final goal in this article is to explain and reveal the ethics of jihad and campaign in the way of God, from Holy Quran viewpoint. Therefore, everything that has been claimed during the research has been analyzed in the light of the divine word and with the benefit of the relevant narrations using descriptive-analytical method and library technique. Following the luminous verses of the Holy Quran and examining the sacred duty of jihad and related words, it became clear that this duty, like all divine commands, requires the implementation of moral rules in order to fulfill the divine sanctity and real jihad in Confronted with all kinds of conflicts that do not make the observance of any rules and regulations their top priority. The sanctity of the rules that God has placed in jihad against dissidents includes the neutrals, the refugees, and the believers after polytheism, which also includes the sanctity of God and the temples. Manuscript profile -
Open Access Article
180 - Custody of an illegitimate child from the perspective of jurisprudence and law in verses and hadiths
Majid Reza Kamali Baniani Davood Nasiran Seyed Mohammad Hadi MahdaviThe main basis of jurisprudential and legal issues regarding child custody is derived from the verses and hadiths that have reached us. The custody of illegitimate children, based on these verses and hadiths and the opinions of earlier jurists, and especially with refer MoreThe main basis of jurisprudential and legal issues regarding child custody is derived from the verses and hadiths that have reached us. The custody of illegitimate children, based on these verses and hadiths and the opinions of earlier jurists, and especially with reference to the prophetic hadith "Alvalad Lelfarash Va Lelahar Al-Hajar", due to the denial of their origin (both customary and religious), along with other related provisions (such as guardianship, alimony, etc.) have also been discarded. Considering that due to change in the context of the situation of different periods and in the interest of the child and society, the opinions of jurists have also changed and have been subject to changes in parallel with environmental-social changes; Therefore, it is necessary to examine the opinions of contemporary jurists with the relevant rulings in the verses and hadiths quoted in the opinions of earlier jurists. The results of this study show that matters such as custody, guardianship, alimony, etc., were not the responsibility of the libertine; But with the changes that have taken place in the context of society and relying on the teachings of Imam Khomeini (ra) and, consequently, the views of the unity of the current judicial procedure, most of the duties of parents (except inheritance), regarding the legitimate child has been extended to the illegitimate child, and newer considerations have been made on some issues. The research method was analytical-descriptive. Manuscript profile -
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181 - A literary comparative study of the jurisprudential documents of the ruling of cursing the Prophet based on the opinions of the two teams
hamid reza dezhan esmaeil eslami mohammad fatehiSab-ul-Nabi is one of the topics of Islamic penal jurisprudence, which is very important and many verses and traditions refer to it. Since in Islamic penal jurisprudence, a special punishment is provided for this title. Therefore, it can be used as an argument for the o MoreSab-ul-Nabi is one of the topics of Islamic penal jurisprudence, which is very important and many verses and traditions refer to it. Since in Islamic penal jurisprudence, a special punishment is provided for this title. Therefore, it can be used as an argument for the opponents of this ruling. So, what is the plan of this topic, Sab-ul-Nabi? And who is Subal-Nabi? And what is its condition is of special importance. All Islamic schools of thought and all jurists of Fariqin have considered Sab-ul-Nabi as one of the crimes punishable by death. With this difference, there is no independent chapter under the title Sab-ul-Nabi in the jurisprudence books of Ahl al-Sunnah, so they examine this issue under the topic of apostasy. Therefore, in this article, the reaction of Iran's jurisprudential-legal system will be studied with analytical, descriptive and library methods. Key words: penal jurisprudence, criminal law, Sab- ul-Nabi, Sunnah jurisprudence. Manuscript profile -
Open Access Article
182 - Rebellion and its Alternatives in the Holy Quran (Analytical and Root Research on the Thought of Rebellion in Islamic Texts)
Morteza Zare Beromi Fatemeh KazemiIn the present study, by examining the belongings of the rebellion, we framed the issues that lead man under the heading of internal and external motives in the path of rebellion. Then we went to the alternatives that directly or indirectly prevent the rebellion. The re MoreIn the present study, by examining the belongings of the rebellion, we framed the issues that lead man under the heading of internal and external motives in the path of rebellion. Then we went to the alternatives that directly or indirectly prevent the rebellion. The results of the research show that religion and knowledge have a negative effect on the interests of the Tyrants, the correct religion is circulating on the orbit of monotheism and does not accept the strain against non-god, and finally, Islam is a monotheistic and rational religion that started its activity by ordering to read. These are the issues that we are considered in studying the verses of the Qur'an with a descriptive-analytical and inferential approach. Manuscript profile -
Open Access Article
183 - A Research on Arabic Terms in Nominated Contracts of Iran's Civil Law
Bahram Dehghan Rasoul AbafatIran's laws are originated from the spirit of Islam and the high frequency of applying Arabic terms and words is clear to everyone. Civil law is one of the most important laws which contains lots of Arabic terms. The author of the present study, surveys the Arabic terms MoreIran's laws are originated from the spirit of Islam and the high frequency of applying Arabic terms and words is clear to everyone. Civil law is one of the most important laws which contains lots of Arabic terms. The author of the present study, surveys the Arabic terms in civil law because of their importance position as a MA student in private rights and selects some of terms in accordance with their importance and frequency. One of the achieved outcomes is the readers' lack of knowledge on some words, their structure and pronunciation which may result in making mistake in telling the correct form of the term or word. Manuscript profile -
Open Access Article
184 - Criminal liability of legal persons in cyber theft
احمد مرادخانی سید محسن رضوی اصلCyber theft is among the crimes that occur in cyberspace, and although the substantive conditions and constituent elements of a crime, no different from the traditional theft, but the difference in the crime, distinguishing the two types is stealing from each other. The MoreCyber theft is among the crimes that occur in cyberspace, and although the substantive conditions and constituent elements of a crime, no different from the traditional theft, but the difference in the crime, distinguishing the two types is stealing from each other. The perpetrators of Internet piracy as well as other crimes can be both natural and legal persons. The perpetrators of Internet piracy as well as other crimes, can be both natural and legal persons and the issue of criminal liability of legal persons in the Penal Code Act of 1392 explicitly accepted, in the computer crimes law in Articles 19 to 23 Has been studied and It is seen that in this law, penalties far more severe than the punishment prescribed for the legal person designated for the theft of computer and internet is a real person. and It is seen that in this law, penalties far more severe than the punishment prescribed for the legal person designated for the theft of computer and internet is a real person. Manuscript profile -
Open Access Article
185 - Foundations of Condemned's Rights in the Execution Phase of Criminal Sentence With emphasis on Jurisprudence
احمد مرادخانی طاهره جعفریIn the current criminal law, it is important to attend the right of condemned in the step of forcing criminal edict.It’s difficult to achieve the objectives of punishment and Criminal justice without considering condemned’s rights. In the law of Islam, pers MoreIn the current criminal law, it is important to attend the right of condemned in the step of forcing criminal edict.It’s difficult to achieve the objectives of punishment and Criminal justice without considering condemned’s rights. In the law of Islam, personality and right of condemned is attended ,both in setting the law and forcing it According to importance of observing rights of condemned in enforcing criminal edicts and prohibiting insult , torture and contempt in the law of Islam, observing justice to conflict with condemned and having security, protecting life, generosity, reputation or human honor of condemned and observing the principles of making penalty individual are the principles of rights of condemned in enforcing criminal edict That also have been emphasized in Jurisprudence. It is injustice to act equally with the condemned without considering mentioned foundations, merits and abilities of a person. Justice is that merits are considered at the same time with equality of people against law. Same and inflexible behavior and lack of observing the individual merits can not be useful and achieve justice. Manuscript profile -
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186 - Trail in absentia in Islamic fiqh and some current legal systems
Esmat sadat Tabatabaei Lotfy zinat nematiJustice execution is the ultimate aim of any trail and fair trial is one of the most important criteria to measure social and judicial development of any society. Hence, it was seen necessary from long time to resent needed mechanisms to guarantee it. Although the princ MoreJustice execution is the ultimate aim of any trail and fair trial is one of the most important criteria to measure social and judicial development of any society. Hence, it was seen necessary from long time to resent needed mechanisms to guarantee it. Although the principle of conflict and hostility between people has been always accompanied with the principle of parties’ attendance in trial, sometime unconditioned obligation to this principle cause negating people’s rights since one party may hide from another party or justice executors and causes insecurity, distrust and dissatisfaction from judicial system. To this end, in Islamic and even in Roman – German law system, in contrary to Common Law, trial in absentia accepted to establish security and to prevent people’s right denial. The forbidden of trial in absentia in Common Law is due to use adversary trial while it is investigatoryt in Roman – German system. In investigatory system, judicial authority should gather evidences. Therefore, when the procedure starts, the court has relevant evidence in the interest of defendant. Islamic jurisprudents have allowed trial in absentia conditionaly based on narratives when the the issue concerns the people's righse. There is no absent verdict on the right of Allah and punishment. Manuscript profile -
Open Access Article
187 - study of the human condition in a coma jurisprudence and law.
محسن شکیب رخ سید محمد مهدی احمدی محمد حسین ایراندوستAbstractMore or less the medical aspects have been investigated، Legal aspects and legal scholars have not been seriously discussed What about the uncertainty of the coma And what works is still there.This paper attempts to clarify the nature of perfection and its impac MoreAbstractMore or less the medical aspects have been investigated، Legal aspects and legal scholars have not been seriously discussed What about the uncertainty of the coma And what works is still there.This paper attempts to clarify the nature of perfection and its impact on people's personal property that is in a coma.The paper concluded that coma, not illness But that dementia is a disease and injury Which leads to long-term anesthesia. And a person in a coma, is alive And all the punishment is life sentences، And not because of prolonged coma, a person thought dead And the provisions of the current dead on construction And with no vital signs and brain brain death in which the person generally has been damaged Is different because brain death is certain death if the person is less likely to return to everyday life there ، As well as seized property to heirs is not a person in coma Third contract is void in the coma to coma As well as the person is comatose wife must prove your hardship to divorce.Key words: coma، Jurisprudence، law، Nature Divorce،Possessions Manuscript profile -
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188 - Cucumber reviews for the sale of e-commerce
احمد مرادخانی hasan sadatAbstractAlthough electronic trading on the transaction compared to traditional trade practices, in terms of form has TfavtHayy but in terms of nature and the elements, there is no difference between them.due to their toddlers, as well as short amount of time that the a MoreAbstractAlthough electronic trading on the transaction compared to traditional trade practices, in terms of form has TfavtHayy but in terms of nature and the elements, there is no difference between them.due to their toddlers, as well as short amount of time that the adoption of its rules MyGzrd, from many aspects, in many cases, too vague and general and QanvnGzar silent and ignored many things that one of the issues, Since e-commerce laws responsive to the needs of the participants in the business gets involved not Option, the need for reform of existing laws and enact new laws, in accordance with the provisions of Islamic law respectively.Tvand have the concept of a parliament and as a result of such transactions possible is the cucumber.Keywords cases, too vague and general and QanvnGzar silent and ignored many things that one of the issues, Since e-commerce laws responsive to the needs of the participants in the business gets involved not Option, the need for reform of existing laws and enact new laws, in accordance with the provisions of Islamic law respectively.Tvand have the concept of a parliament and as a result of such transactions possible is the cucumber.E-commerce, cucumber fiqh, Islamic jurisprudence, continuous trading, law Manuscript profile -
Open Access Article
189 - Men's' and Women's' rights in divorce in Fiqh and Iranian Statute law
Esmat sadat Tabatabaei Lotfy فرناز امیدیدر اسلام بر حفظ خانواده تأکید فراوان شده به طوری که طلاق مغبوض ترین حلال ها خوانده شده. لیکن، اگر ادامة زندگی به دلیل اختلافات باعث عسر و حرج گردد، به طلاق توصیه و گاهی نیز واجب می گردد. در اسلام همانگونه که برای تشکیل خانواده قوانین دقیق و سنجیدهای تدوین گردیده که در Moreدر اسلام بر حفظ خانواده تأکید فراوان شده به طوری که طلاق مغبوض ترین حلال ها خوانده شده. لیکن، اگر ادامة زندگی به دلیل اختلافات باعث عسر و حرج گردد، به طلاق توصیه و گاهی نیز واجب می گردد. در اسلام همانگونه که برای تشکیل خانواده قوانین دقیق و سنجیدهای تدوین گردیده که در ضمن آنها تکالیف و حقوق هر یک از زوجین مشخص می شود، در حین طلاق و پس از آن نیز تکالیف و حقوقی برای طرفین در نظر گرفته شده است. این تکالیف یا حقوق را میتوان به دو دسته مالی و غیرمالی تقسیم نمود. از جمله امور مالی، نفقه زن در ایام عده، بحث مهریه و اجرت المثل خانهداری و همچنین توراث بین زوجین است. در صورت تمکین، پرداخت نفقه برای مرد در دوران عده طلاق رجعی واجب است. در طلاق بائن نیز، در صورت بارداری زن در حال طلاق، نفقه برقرار است. در صورت طلاق قبل از نزدیکی زن مالک نصف مهریه خواهد بود، مگر در عقد مفوضة البضع، که مهر المثل در صورت نزدیکی و مهر المتعه در صورت عدم نزدیکی است. حق طلاق، لزوم نگهداری عده توسط زن، حق رجوع مرد در وران عده و اولویت در حضانت اطفال از امور غیر مالی مطرح شده هستند. حق طلاق ابتدائاً در اختیار مرد است، گرچه در مواردی نیز، به پیشبینی فقه و قانون، درخواست آن از جانب زن میسر است. از آنجا که قانون موضوعه ایران مبتنی بر فقه اسلامی است در بیشتر موارد بین نظر مشهور فقها و قوانین مربوطه مطابقت وجود دارد. Manuscript profile -
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190 - Sheikh Ansari and matching the option of the views on civil rights
najmeh azizi naserabad علی رضا عسگریSpanish cucumber, gerund of authority. the term is defined to mean ownership contract. The purpose of this paper is to examine the option of civil rights from the perspective of Sheikh Ansari and match. In the preparation of the analytical method and library has been us MoreSpanish cucumber, gerund of authority. the term is defined to mean ownership contract. The purpose of this paper is to examine the option of civil rights from the perspective of Sheikh Ansari and match. In the preparation of the analytical method and library has been used .. According to the findings,Sheikh Ansari believes that the condition of the cucumbers - the authority to terminate or to sign the deal - the contract in cucumbers for someone to be proved right this right is given to him. And believes that the option of in terms of time, not a certain extent, but any period of time, short or long, attached to the contract or detached from it; it is permissible to be provided in the contract, but must be determined to the extent that otherwise it is not possible to increase or decrease the bet is void and the transaction. If the option in the contract for any of the seller and the buyer as well as to foreigners alone or with one of the sides of the contract is correct. Khyarshrt right because if it is fixed in the contract. That is, thecontrol of the holder of the right to terminate the contract due to the condition of the cucumbers cucumbers for the Qdast. Cucumber such other terms and conditions as a result of mutual consent, the parties achieved an agreement. And the effect of which is the termination of the contract is subject to the will of the stipulation. Manuscript profile -
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191 - 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 -
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192 - Removing terrorism from Islamic jurisprudence and jurisprudential explanation of political decision Imam KHomeini (RA)
احمد مرادخانی فاطمه رحمانیToday, the phenomenon of "terror" affect the daily lives of ordinary people, especially Muslims. However, the teachings of Islam under attack by some Western countries and is a doubt, terrorists created. Roots and explains the term in Islamic jurisprudence and jurists, MoreToday, the phenomenon of "terror" affect the daily lives of ordinary people, especially Muslims. However, the teachings of Islam under attack by some Western countries and is a doubt, terrorists created. Roots and explains the term in Islamic jurisprudence and jurists, terms that are equivalent to the word terror, And also delves into the assassination of Islamic jurisprudence and Quranic verses and traditions in dealing with offenders, and examining the reasons for the legal permissibility and impermissibility of killing human beings for the purpose of Mbrasazy Islam and Muslims from terror and violence is concerned. In this paper, using the analytical method and remove all doubts on the cause of death sentence of Salman Rushdie issued by Ayatollah Khomeini (RA) And provide de-terrorism Islamic Bill of Rights has been investigated. Manuscript profile -
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193 - Fiqhi (Jurisprudential) Principles on the Law of Inadmissibility of Withdrawal of Judgement
Hamdollah Soleimani Sarduo Ruohollah Afzali Meisam TaramThe purpose of the present study is to review the (Fiqhi) jurisprudential principles regarding the law of inadmissibility of withdrawal of judgement. The method of study is descriptive-analytic and the results indicate that the law of inadmissibility of withdrawal of ju MoreThe purpose of the present study is to review the (Fiqhi) jurisprudential principles regarding the law of inadmissibility of withdrawal of judgement. The method of study is descriptive-analytic and the results indicate that the law of inadmissibility of withdrawal of judgement existed in Islamic jurisprudence; however, it has not been regularized yet. By delving into the issues of Islamic jurisprudence it is revealed that the only law that is compatible with this civil law is the law of inadmissibility of withdrawal of judgement. Upon this rule, after a judge of religion or Mojtahed whether he is absolute or relative or a judge permitted by Vali-e Faqih (Guardian Juist) issued his decision whether it is essential or formal, he does not have a right to change or nullify or reform it except in cases that the religious texts have allowed. Manuscript profile -
Open Access Article
194 - The Comparative Analysis of family ahkam in Imamyieh Jurisprudence and Law
zahra memaryan Ahmad moradkhaniFamily is formed by man and woman`s marriage and it is expanded by procreation. Gender difference is one of the essential rules of marriage. In marriage contract, the man is obligated to pay Mahr or to promise to pay it to the woman. Every valuable thing can be the obje MoreFamily is formed by man and woman`s marriage and it is expanded by procreation. Gender difference is one of the essential rules of marriage. In marriage contract, the man is obligated to pay Mahr or to promise to pay it to the woman. Every valuable thing can be the object of Mahr. Woman`s ownership is confirmed after supervision. If couple divorce before amphimixis, half of Mahr will be belonged to the woman. The man has the rights of guardianship and supervision; home management and control are also up to man from physical and moral aspects. The woman shouldn`t show disobey signs. The man is responsible to be genial, to pay alimony, and to protect the family from the future risks. The present study aims to compare and facilitate family`s ahkam according to holy Quran and juridical texts as basic books and also law if necessary. Manuscript profile -
Open Access Article
195 - Explain how to investigate crimes against chastity in Iranian jurisprudence and criminal law
Gholamali Nasiri Rashid Ghadiri Maryam Naghdi Kamran GhodousiThis research has been descriptive-analytical in which the principles and rules governing the investigation of crimes against chastity in jurisprudence and criminal law have been examined. Islam's criminal policy on these crimes is based on strictness in proving, coveri MoreThis research has been descriptive-analytical in which the principles and rules governing the investigation of crimes against chastity in jurisprudence and criminal law have been examined. Islam's criminal policy on these crimes is based on strictness in proving, covering up, and preventing the crime from being revealed by the wrongdoer, the people, and the judge, which is based on the Shari'a's emphasis on preventing the spread of prostitution. This policy includes crimes against chastity. In formulating the criminal procedure of 1392, the legislator has placed the principle on the prohibition of research and has specified the cases of research license. According to the law, the investigation of these crimes should be done directly in court due to the spread of prostitution, but in the judicial procedure, it is observed that in some cases, this investigation is carried out in the prosecutor's office. Manuscript profile -
Open Access Article
196 - The stepchild alimony in Iranian law and Sunni religions
Mahdieh Mohammadi Mahdi MirdadashiThe problem of orphans because of the impact of these children on society, the growing number of them, the respect for human affairs, and thousands of other reasons has long been a concern of various societies, especially cultural, social and legal scholars And today th MoreThe problem of orphans because of the impact of these children on society, the growing number of them, the respect for human affairs, and thousands of other reasons has long been a concern of various societies, especially cultural, social and legal scholars And today their finances, including inheritance and alimony, are under investigation. This research has focused on these children for the aforementioned reasons And since there are divergences between Iranian law, Imamiyah jurisprudence, and Sunni jurisprudence, this article is about explaining and comparing jurisprudential opinions with legal ones in the field of alimony for these children and ultimately solutions for The implications of speculation on the status of such people are raised and suggestions are hoped to fall. Manuscript profile -
Open Access Article
197 - Legal-jurisprudence Principles of Islamic Republic of Iran Criminal Policy against Behaviors leading to air pollution:Challenges and Solutions
Manzar Karimi Ali Mashhadi Mohamad BaraniIn fact, behaviours leading to air pollution includes omissions and acts leading to release of one or some contaminants in the air in a way that some changes are noticed in the air quality and these changes put human and other living beings health in danger and they are MoreIn fact, behaviours leading to air pollution includes omissions and acts leading to release of one or some contaminants in the air in a way that some changes are noticed in the air quality and these changes put human and other living beings health in danger and they are harmful and cause disturbance in public welfare or reduce it drastically. The consequences and negative effects of such behaviors ( hygienic, social, political, legal aspects and etc..) have made the governments to take action against it and consider it as an environmental issue and one of the most important human rights in their macro-political planning. One of the preventive methods is utilizing criminal policy as a comprehensive and effective plan with certain principles and framework that reduce or omit these acts. But as the proper understanding of criminal policy in Iran needs realizing the mentioned policy principles, this paper has used descriptive-analytical method and library instruments to examine legal-jurisprudence principles as the most significant and fundamental criminal policy principles to prevent the behaviours leading to air pollution. Manuscript profile -
Open Access Article
198 - A Comparative Study of Compulsory Insurance Law on Inflation in Islamic Jurisprudence and French Law
Mitra Shariatzadeh Abbas ArabKhazayeli SeyyedAsgari Hosseiny MoghadamThe aim of the present study is to compare the effect of coercion on the inflation insurance in the legal systems of Iran and France. Descriptive-analytical method was employed in the study and the results indicated that both countries, Iran and France, currently fail t MoreThe aim of the present study is to compare the effect of coercion on the inflation insurance in the legal systems of Iran and France. Descriptive-analytical method was employed in the study and the results indicated that both countries, Iran and France, currently fail to have a written law on compulsory inflation insurance; however, they are authorized to approve this law. Our country has formally recognized this necessity based on legal reasoning and found it easy to legislate. On the other hand, this law can come into force in France based on its Common Law system, if necessary. The findings of the study also show that formal recognition and provision of details in Iranian legal system is better than French legal system, so that it can be added as an article either to the Civil Code or insurance law; however, it has a time-consuming procedure. On the contrary, French legal system quickly recognizes supervisory structures independent of the legislature and the judiciary, and implements such a law that could protect individuals’ properties before an economic tsunami takes place. In fact, the only difference that matters between the two legal systems is speed. Manuscript profile -
Open Access Article
199 - Moral Damage of Breach of Contract in Fiqh, Iran’s Law, and Britain’s Law
Fatemeh Nakhaii Fariba Sanjari moghadamThe purpose of the present study is to survey moral damage of breach of contract in Fiqh, Iran’s Law, and Britain’s Law. The method of study is descriptive analysis and the results on why demanding the compensation of moral damage has not been acknowledged i MoreThe purpose of the present study is to survey moral damage of breach of contract in Fiqh, Iran’s Law, and Britain’s Law. The method of study is descriptive analysis and the results on why demanding the compensation of moral damage has not been acknowledged in Iran’s legal system yet indicates that common people do not have any awareness about this damage as part of their civil right so we can not expect them to claim for that. The major drawback is related to the association of law elites, lawyers, and judges who have not taken a step toward the implementation of the compensation of moral damage in the first stage, and filling a lawsuit to ask for the compensation of moral damage out of breach of contract in the second stage so the legal system of Iran despite its legal and jurisprudential principles does not favor to adjudge such claims. Although the compensation and evaluation of moral damage is arduous, when the judiciary approach aims to acknowledge that, it is essential to determine a definite criterion for its relative assessment. Manuscript profile -
Open Access Article
200 - Insurance of Foreign Investment: An International Trade Law Approach and Islamic Jurisprudence
Fatemeh AsaryForeign investment provides the country with economic growth. Thus, the entry of goods into the country has triggered a request for national currency that would lead to an increase in the value of the national currency. Foreign investment can be a surefire way to achiev MoreForeign investment provides the country with economic growth. Thus, the entry of goods into the country has triggered a request for national currency that would lead to an increase in the value of the national currency. Foreign investment can be a surefire way to achieve goals. The investor's assurance is a prerequisite for the implementation of the project. Therefore, the funds are insured against deliberate or unintentional threats and incidents of the victim and, at the same time, people in the country should be insured in the event of possible accidents. The legislator did not pay enough attention to the issue of the coordination of foreign investment insurance, and this has created legal uncertainties. But at the same time, according to the contracts and subcontractors of the insurance contract in these types of contracts, which are emphasized in Islamic jurisprudence and Iranian law, the filler is a vacuum in this field. Also, lack of information about legal issues and failure to observe certain points in the contracts, and the lack of coordination of internal laws of our country with international law resulted in non-payment of damages by the insured, which was also resolved with the pre-investment agreement. However, the legislator needs to take a step further. The investor must be aware of the legal credibility of the probable loss of insurance by the insurer in accordance with the domestic laws of the host country and international law. Manuscript profile -
Open Access Article
201 - An Explanation of Usury in Iran's Jurisprudence and Juridical System and the Ways of its Prevention
Afsaneh Aminikhah Tayebeh ArefniaThe purpose of the present study is to explain the nature of usury in Iran's jurisprudence and juridical system and the ways of its prevention. The method of research is descriptive-analytic and the results indicate that there are several causes involved in the criminol MoreThe purpose of the present study is to explain the nature of usury in Iran's jurisprudence and juridical system and the ways of its prevention. The method of research is descriptive-analytic and the results indicate that there are several causes involved in the criminology of usury which are effective in its occurrence; such as economic, social, and character causes which are all rooted in poverty and penury. Some other motivations that lead a person to commit this crime include laziness, evasion from work and activity and just seeking a shortcut to reach wealth and property. In order to oppose and prevent the crime of usury, the mass of people, including governmental and nongovernmental, should make an effort. Some ways to prevent the occurrence of usury involve correction and treatment of those who commit this crime, amendment and revision of previous laws, criminalization and even intensification of punishments against those who commit usury. Manuscript profile -
Open Access Article
202 - A Comparative Study of the Obstacles to Performing the Same Obligation in Islamic Jurisprudence, Iranian and British Law
Mohammad Reza Ashtari Hassan Pashazadeh Salman ValizadehThe present study aims to compare the obstacles to performingthe same obligation, in Islamic jurisprudence, Iranian and British Law. The method used in the study is descriptive analysis and the results showed that in the case of breach of contract, instead of obligation MoreThe present study aims to compare the obstacles to performingthe same obligation, in Islamic jurisprudence, Iranian and British Law. The method used in the study is descriptive analysis and the results showed that in the case of breach of contract, instead of obligation that compels the obligor to perform the same obligation or impede performance of the obligation or claim for damages or other compensations, the obligee has the right to make a claim either for the fulfillment of the same obligation or compensation. As long as there is no obstacle, the obligor performs the same obligation, and the court considers the request of the obligee. However, if it is not possible to compel the obligor to perform the same obligation or due to some obstacles, the judicial process prolongs or costs increase, the court is obliged to follow up. The obligee is also entitled to rescind the contract and doom the obligor to pay penalty for breach of contract. Manuscript profile -
Open Access Article
203 - An Analysis of the Guardian Council Jurists’ View on Articles 22 and 48 of Registration of Deeds and Properties Act adopted in 1931 from the Perspective of Islamic Jurisprudence
Ali Arefi MaskoniThe purpose of the present study is to indicate that abrogating Article 73 of the Law on Registration of Deeds and Properties has been partially implied with paragraph 2 Article 16 of the Law on the Supervision of Judges’ Conduct, adopted in 2011, and Articles 22 MoreThe purpose of the present study is to indicate that abrogating Article 73 of the Law on Registration of Deeds and Properties has been partially implied with paragraph 2 Article 16 of the Law on the Supervision of Judges’ Conduct, adopted in 2011, and Articles 22 and 48 of the aforementioned law have also been partially implicit as a consequence thereof. Descriptive-analytical method was adopted in the study and the results show that there is no need to invalidate Articles 22 and 48 of the aforementioned law. Therefore, the view of the jurists of the Guardian Council will be nothing but make the judiciary face a large number of closed files for retrial and violation of the rights of the official documents’ holders. Moreover, the jurists’ view has been raised with some objections since it is regarded as an ordinary law rather than a canonical supervision; therefore, it should not be adduced in any court. According to section (Article) 73 of the Constitution Act, jurists are not authorized to interpret the ordinary laws. Manuscript profile -
Open Access Article
204 - Jurisprudential and Judicial Nature of Preventive Lawsuits
Saeed Farzaneh Ali Abbas Hayati Faramarz BagherAbadiThe purpose of the present study is to review the jurisprudential status of preventive lawsuits and their legal requirements. The research method is descriptive-analytic and the results showed that God in Surah al-'Asr has advised Muslims on the necessity of taking prev MoreThe purpose of the present study is to review the jurisprudential status of preventive lawsuits and their legal requirements. The research method is descriptive-analytic and the results showed that God in Surah al-'Asr has advised Muslims on the necessity of taking preventive measures to prohibit any harm. Meanwhile, the sapient foundation has advised on the prevention of harmful measures. The explicit message of the principle of Lā Zarar (no harm) is that loss and damage should be prevented by any means. Principles of Tasbib and Itlāf have also admonished for the necessity of doing any measures which prevent harm. Therefore, the preventive lawsuits of compensation are acknowledged if logically there is a likelihood of harm by the defendant. The adopted laws have also referred to this issue although there is not an accurate procedure for this important case. Thus, with reference to the principle 167 of the Constitution and relevant jurisprudential interpretations, the judiciary system should be obliged to recognize these types of lawsuits. Manuscript profile -
Open Access Article
205 - Quranic examples of citizenship rights in economic affairs with jurisprudence
Seyyed Mahdi Sadati Ahmad Moradkhani Seyyed Mehdi MirdadashiThe purpose of the present research is to analyze and examine the Qur'anic examples of citizenship rights in economic affairs. The research method is descriptive-analytical and the results indicate that the models and examples provided by the Holy Quran in relation to e MoreThe purpose of the present research is to analyze and examine the Qur'anic examples of citizenship rights in economic affairs. The research method is descriptive-analytical and the results indicate that the models and examples provided by the Holy Quran in relation to economic issues and mentioned in this research can save the society from economic crises and guide it towards perfection. These teachings, like other Quranic teachings, cover all aspects of human life. The stability and survival of society depends on the existence of a dynamic and growing economy. Because Almighty God has made economic activities the source of community cohesion. This is important, it will have a great impact in other sectors as well. Through these examples, goals such as economic independence, preserving the sovereignty and political authority of Islam, providing public welfare and fighting against poverty, reducing social damage, growing comprehensive economic development and economic justice can be achieved. Manuscript profile -
Open Access Article
206 - Jurisprudential and legal review of the bill of the Comprehensive Arbitration Law and the UNCITRAL Model Law
Majid Panahbar Mansour Atashaneh Ali Reza RajabzadehThe purpose of this study is the jurisprudential and legal review of the bill of the Comprehensive Arbitration Law and the UNCITRAL Model Law. The research method will be descriptive-analytical and the collection method will be library. Iran's International Commercial A MoreThe purpose of this study is the jurisprudential and legal review of the bill of the Comprehensive Arbitration Law and the UNCITRAL Model Law. The research method will be descriptive-analytical and the collection method will be library. Iran's International Commercial Arbitration Law is undoubtedly an important step forward in the legislative process on arbitration in our country, and along with the provisions of the Code of Civil Procedure, the Iranian arbitration system towards a more complete and acceptable system from the point of view of criteria. And advance international standards. Following the enactment of the International Commercial Arbitration Law, arbitration can lead Iran to grant more freedom to arbitration parties in the selection of arbitration rules and procedures, resulting in less interference by domestic courts in the process. Modeling the UNCITRAL Model Arbitration Law in drafting and approving the new law will cause investors and Iranian foreign trade parties to be afraid of referring disputes to arbitration in Iranian authorities without fear or for fear of facing unexpected rulings from Iran's domestic courts. Do not be willing to accept it in their growing contracts with the Iranian parties in the coming years. On the other hand, despite all the benefits of transparency in investment judgments, especially for the public, it can also be detrimental to the parties to the dispute, especially the investor. Increasing costs and prolonging the review process are among the most important concerns of investors. In addition, transparency is in clear conflict with the commercial principles of arbitration, such as the agreement of arbitration and its important principles of privacy and confidentiality. Therefore, in applying the rules of transparency, it should be treated in such a way that both interests are combined and the principles and rules governing arbitration proceedings are not violated under the pretext of guaranteeing collective rights and interests. Manuscript profile -
Open Access Article
207 - investigating Seyed Asadollah kharaghanis' political thought
Esmat ghafari maghsood ranjbar ali shirkhaniAbstract Seyed Asadollah Kharaghani is among the second-rate personages who played an active part in the Constitutional Movement, and has been effective in arousing political and religious personages. He also engaged in religious and scholarly activities along with poli MoreAbstract Seyed Asadollah Kharaghani is among the second-rate personages who played an active part in the Constitutional Movement, and has been effective in arousing political and religious personages. He also engaged in religious and scholarly activities along with political activities, and eventually led to the emergence of a specialist trend in Islamology called Qur'anism or the return to the Quran. He faced new questions and needs of the new age that we did not have in previous religious and traditional teachings or did not seem to answer, or it seemed that past answers did not have the effectiveness of the new problems. It was suggested that we should read the Qur'an again and extract the material that is coming to us today. The present study examines the political thought of Seyyed Asadollah Kharaghani regarding the criteria, since the type of conception on the basis of the rule of law, the divine right of the state, the basis and scope of private and public law, the scope of law and legislation, and in particular their approach to the issue of Islamic democracy. This research will focus on library resources through descriptive-analytic method and with an interpretive-political approach to explaining the components of its political thought. Key words: Sheikh Asadollah Kharaghani, Islamic Democracy, Law Equality, Ultimatum Manuscript profile -
Open Access Article
208 - Status of the Charter of Civil Rights in Iranian Laws Sources
Zahra Eftekhari vahid agahThe Charter of Civil Rights in Iran was proclaimed by President Hassan Rouhani on December 19, 2016. This charter is a set of rights and freedoms that its binding and citation aspects are notable. Therefore, the present study, examines the status of this charter in lega MoreThe Charter of Civil Rights in Iran was proclaimed by President Hassan Rouhani on December 19, 2016. This charter is a set of rights and freedoms that its binding and citation aspects are notable. Therefore, the present study, examines the status of this charter in legal sources assuming the equality of human and civil rights in the Charter of Civil Rights. The present study’s research method is library research and descriptive correlational research. The results showed that the Charter of Civil Rights, like Human-Civil Rights, has come into force and can be invoked according to the declared aspect of these rights, except in cases of conflict with human rights treaties and the constitutional law. Contrary to its claims, the charter does not, at least in the domestic law, is not a policy or program, as neither of the trilateral forces cannot abandon or restrict it. However, it is considered to be a legitimate expectation. The Charter of Civil Rights should be seen as a new window on the list of Iranian law sources. Although, according to some scholars, the charter is selective and is essentially a matter of political affairs, it seems that the charter mostly extends the rights and freedoms in a longitudinal and latitudinal way, and this expansion leads to an increase in the depth of Iranian law. Manuscript profile -
Open Access Article
209 - The Principle of Resorting to Force in International Relations
Abbas Foladi Maryam Moradi Mohsen DianatThe purpose of the present study is to review the principle of resorting to force from the view of international relations. The research method is descriptive-analytic and the results showed that resorting to force by any country against another one is condemned from th MoreThe purpose of the present study is to review the principle of resorting to force from the view of international relations. The research method is descriptive-analytic and the results showed that resorting to force by any country against another one is condemned from the view of international documents including the United Nations Charter. No country is allowed to use force in international relations unless it is attacked and wants to defend itself by resorting to force. Peaceful intervention and resorting to force is permitted only if the Security Council of the United Nation detects a systematic and extensive fault in human rights which is threatening and against international peace and security. Resorting to force which involves threatening or using force without the official permission of the Security Council is regarded as a definite violation of the United Nations Charter. In case of violation of national sovereignty or human rights by any of the United Nations members, the principle of resorting to force in international relations should be applied with special care so that it won’t be regarded as a violation and unilateral application of force by more powerful countries. Manuscript profile -
Open Access Article
210 - The Obstacles to Iran's Permanent Membership in the World Trade Organization
Iman Pak Sima Seyed Bagher Mir Abbasi Mohammad Sadeghi Seyed Taha Mousavi MirkalaiThe aim of the present research is to examine the obstacles existing in Iran's laws for accepting commitments to the World Trade Organization (WTO). The research method is descriptive-analytical, and the results indicate that Iran's problems in joining the WTO stem from MoreThe aim of the present research is to examine the obstacles existing in Iran's laws for accepting commitments to the World Trade Organization (WTO). The research method is descriptive-analytical, and the results indicate that Iran's problems in joining the WTO stem from both internal and external factors. Apart from the current problems and instabilities prevailing in Iran's economy, some domestic laws also fail to align with WTO regulations. For instance, Article 44 of the Constitution, which enforces state ownership and monopolies in significant sectors such as industries, mines, banking, radio and television, shipping, aviation, etc., underscores the overbearing presence of government and semi-government entities in the economy, while relegating the private sector to a marginalized role in economic activities. Furthermore, due to the absence of a single exchange rate, regulations related to foreign insurances, insufficient support for foreign investment in Iran and high import tariffs, some other domestic laws not only fail to conform to WTO regulations but also contradict them significantly. In Iran, due to access to foreign currency resources derived from oil exports, the foreign trade sector has not developed properly and proportionately to the needs, resulting in various problems. The emergence of these issues and the potential decrease in oil export revenues in the future underscore the significance of the foreign trade sector and its presence in global markets. Therefore, increasing production, enhancing export capabilities and competitiveness on a global scale, and benefiting from the facilities of the WTO are raised as necessities. Manuscript profile -
Open Access Article
211 - The study of the formation and functioning of the “Response to Protect Doctrine” in International Law
Mohammadreza hakakzadeh Arezoo Bozorg doagooThe growing proliferation of UN-oriented international organizations and their role in shaping human life has led the international community to witness new horizons in international law, one of the most important doctrines presented in The new horizons of international MoreThe growing proliferation of UN-oriented international organizations and their role in shaping human life has led the international community to witness new horizons in international law, one of the most important doctrines presented in The new horizons of international law are the doctrine of the responsibility of support, a doctrine that has become a special place in the development of a universal normality today in the theoretical discussions of international law thinkers, which, given the importance of the subject in this The paper, while addressing the fundamentals and features of the doctrine of responsibility for support Opponents point of view and understand the meaning of it, the doctrine of responsibility to protect the fundamental question of how to operate Square has been achieved? Research findings suggest that although the doctrine has already been cited in crises such as the Darfur crisis, Libya, and even Tsunami Haiti and today in Syria, however, political restrictions are, in fact, the subject of the intervention of great powers and recourse to this doctrine to interfere with the pretext of human rights in other countries and undermine the principle of independence and sovereignty and regional instability. Manuscript profile -
Open Access Article
212 - The Status of Otherness in Creating Meta-discourse of Constitutional Movement and Its Effect on Iran’s Political Development
علی شیرخانی داود سبزیThe utmost effort was made by Iranians for presenting a modern discourse in the constitutional age. Although minutes and elements of such discourse (containment of monarch’s power, freedom and law) not only failed to become hegemonic in Iran’s community, but MoreThe utmost effort was made by Iranians for presenting a modern discourse in the constitutional age. Although minutes and elements of such discourse (containment of monarch’s power, freedom and law) not only failed to become hegemonic in Iran’s community, but also one self-willed and oligarchic government called government of Reza Shah emerged from within such discourse and turned dream of legalism of Iranians that was focus of constitutional discourse into a horrible nightmare in the despotic rule night of Reza Shah. This article deals with a study of how constitutional meta-discourse and its effective factors are formed. It is also shown that how subjective pre-structures of the forces affecting the constitutional movement embark on creating foreign identities and so new identity borders are forged within the movement; the central symbol of this movement changes from rule of law to modernization and security. Besides, it will be shown how otherness within social forces leads to zerosome political development and lack of meaningful change in political culture of community. Methodology applied in this article is discourse analysis of Laclau and Mouffe. Manuscript profile -
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213 - Rituals of Religious Law and Spiritual Path in the Works of Ahmad Ghazzali and Ein Al-Qozat Hamedani
Rashin Bani-Najjarian Fateme Heydari -
Open Access Article
214 - Determination of Sitagliptin Phosphate in Bulk Drugs by Extractive Spectrophotometric Method
C. Bala Sekaran D. Ravisankar -
Open Access Article
215 - The general economic order and its effect on the economic equilibrium of tourism contracts
Ali Rostami far Ghassem Mohammadi Najad Ali Almsi Yadollah Dadgar -
Open Access Article
216 - Tourism Development and Human Rights
Davood Ghahremani -
Open Access Article
217 - The Role of Iranian Criminal Laws in Development of Tourism
Ali Moienian Mohammad Mehdi Rahimi Reza Peyvandi -
Open Access Article
218 - Analyzing of the economic equilibrium of tourism contracts in the context of general economic order
Ali Rostami far Ghassem Mohammadi Najad Ali Almsi Yadollah Dadgar -
Open Access Article
219 - A Sociological Criticism of the Novel Curse of the Land by Jalal Al-e- Ahmad
Ali Ganjian Rezvan JamshidianSociology of literature has relation with sociology on the one hand and and the literature on the other hand. Delving into the relation between literature and society forms basis of socialogical criticism of the literature. This approach focuses mainly on the stru MoreSociology of literature has relation with sociology on the one hand and and the literature on the other hand. Delving into the relation between literature and society forms basis of socialogical criticism of the literature. This approach focuses mainly on the structure and content of literary work and its relationship with society and interactions of literature, society and reflection of social issues through author's intellectual, belief and social views are investigated in a literary work. This article is to criticize and study the novel Curse of the Land by Jalal Al-e-Ahmad from sociological perspective. The theme of the novel is consequences of Land Reform Law and enterance of technology into Iranian villages. The author portrays properly status of different groups of rural community in this work after enforcing Land Reform Law and losing traditions and invasion of modernism. He expresses political and social issues from position of a social critic and makes interaction between society and the novel by artistic expression. Manuscript profile -
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220 - A Sociological Analysis of Naguib Mahfouz's Works with a Close look at The Novel Children of Gebelawi( Owlade Haratana)
Abdol Ghasem Torabi Seyyed Hossein SeyediThe formation and creation of every work of art is influenced by social milieu. The sociological criticism is an attempt to reveal the relationship between society and literature. The science of sociology started during nineteenth century and great authors such as MoreThe formation and creation of every work of art is influenced by social milieu. The sociological criticism is an attempt to reveal the relationship between society and literature. The science of sociology started during nineteenth century and great authors such as Madame de Stael, Hippolyte Taine, and great philosophers and thinkers such as Marx, and Hegel developed it more comprehensively. Undoubtedly novels and stories are influenced by social conditions and the society is also influenced by these works. Thus there is a mutual relationship between a literary work and society. Naguib Mahfouz is one of the authors who has paid attention to different social aspects. This paper which approaches his works based on sociological criticism –with a close look at Children of Gebelawi- tries to deal with social problems and shows that his works have affected the improvement of the Egyptian society. Manuscript profile -
Open Access Article
221 - Generalize and improve the traditional true proportional navigation guidance law
Roholah Manei Mahdi SiahiUndoubtedly, studying the guidance of tactical nesting missiles without considering proportional navigation is a very difficult task. And researchers have always tried to develop and eliminate the weaknesses of these guidance laws and their various strategies, to preven MoreUndoubtedly, studying the guidance of tactical nesting missiles without considering proportional navigation is a very difficult task. And researchers have always tried to develop and eliminate the weaknesses of these guidance laws and their various strategies, to prevent disturbances in the missile control system. This article also discusses the various strategies for improving the traditional true proportional navigation law and its equations. And then by drawing graphs and comparing their equations, the superior strategy in different modes is introduced. Manuscript profile -
Open Access Article
222 - science in the of Adib-ol-mamalek farahani
Mazaher Mosaffa Abbas Saadati Whatever makes the literature of constitution era excellent from the other farsi poem era belongs to the new contents a fit .the poem of Adib-ol-mamalek is the full reflection of political and social conditions of constitution period. Because of the fast c More Whatever makes the literature of constitution era excellent from the other farsi poem era belongs to the new contents a fit .the poem of Adib-ol-mamalek is the full reflection of political and social conditions of constitution period. Because of the fast changes of constitution era he is not indifferent to the political and social affairs and changes in the country. He can not be a resident of 'ivory tower'. Adib-ol-mamalek is one of the classic of this period .he tries to explain social and political contents in the form of ode - quasida -, fragment, couplet poem, multiple poem, return-tie composite-tie. In this survey for subjects such as: freedom mother country law science . have been studied in the poem of Adib-ol-mamalek. The result shows that science and knowledge words in comparison to the other words have more reflection in Adibs poetry ignorance has been blamed very much as well. Finally ignorance fighting of Adib is a good stimuli for the awareness of the public. specially when this in the form of satire facetiae so it makes people think about it. Manuscript profile -
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223 - Flow Study of Wood Plastic Composite Through a Circular Die in an Extrusion Process
N. Jafarian Jam E. Soury -
Open Access Article
224 - Numerical Simulation of Fluid Flow in Random Granular Porous Media using Lattice Boltzmann Method
MohamadMehdi Keshtkar -
Open Access Article
225 - Attitude Control of Unmanned Aerial Vehicle Based on Sliding Mode Technique with Parameter Estimation
A. A. Akbari* S. Amini -
Open Access Article
226 - Predicting Internet Addiction Based on Aggression, Law-aversion, and Hyperactivity in High School Students
farhad ghadiri karim abdolmohamadi sina sheikhi khoshdavi ebrahimzadeInternet addiction is a type of impulse control disorder that refers to the excessive use of the internet, the purpose of this study is to investigate the question of whether aggression, law-aversion, and hyperactivity in adolescents can predict Internet addiction? This MoreInternet addiction is a type of impulse control disorder that refers to the excessive use of the internet, the purpose of this study is to investigate the question of whether aggression, law-aversion, and hyperactivity in adolescents can predict Internet addiction? This research is a descriptive correlational study. The statistical population of this study was all high school students in the 2019-20 academic year of Urmia schools, from which 400 people were selected by multi-stage cluster sampling method. In this study, The Achenbach Youth Self-Report Scale (Achenbach, 1991) and Internet Addiction Questionnaire (Young,1998) were used to collect information. Data were analyzed using simultaneous regression analysis. The results of this study showed that aggression and hyperactivity significantly predict students' internet addiction (p< 0/01) Also, law-aversion has no significant effect on predicting internet addiction. According to the findings of the present study, by reducing the level of aggression and hyperactivity in students, the tendency to Internet addiction can be reduced. Manuscript profile -
Open Access Article
227 - ESP Courses for Psychology and Law Tertiary Level Students: Attitudes, Challenges Needs and Obstacles
Elahe Sadeghi Mohammad Hassan Tahririan -
Open Access Article
228 - The Roles of Ethic and Education from the Perspective of Religious Jurisprudence and Islamic Laws
Ali reza roostaee Sayyed Hossain VaeziEducational teachings from the perspective of Islamic jurisprudence and laws have performance bond. From the perspective of Islamic jurisprudence and laws, believing in God and feeling responsible for the learnt issues and applying them are necessary factors of educatio MoreEducational teachings from the perspective of Islamic jurisprudence and laws have performance bond. From the perspective of Islamic jurisprudence and laws, believing in God and feeling responsible for the learnt issues and applying them are necessary factors of education. The present study aimed to investigate about ethic and education from the perspective of religious jurisprudence and Islamic laws. Descriptive research methods, along with content analysis and library resources were utilized. The findings showed that the dynamic religious jurisprudence has always made an effort to present innovative solutions to the mentioned issues. What is really needed today is becoming religious not making a religion in this regard, the vital thing is getting to know the religious laws and regulations so as to become prepared for entering into the social life not just learning common theoretical phrases which are often learnt in all sections and are usually forgotten in a short period of time. Therefore, the need of applying religious laws and regulations in educational and ethical trainings is strongly felt and it, then, becomes one of the reasons that the religious books and lessons no longer appears unimportant, marginal, or compulsory. Manuscript profile -
Open Access Article
229 - Investigating the experience of high school science teachers from the nature of science
somayyeh mola ghalghachi Eskandar Fathiazar Yousef AdibAbstract: The present research aims to study experiences of high school science teachers from the nature of science. Adopting a phenomenological approach and purposeful sampling, this qualitative research was carried out through semi-structured interviews with 30 high s MoreAbstract: The present research aims to study experiences of high school science teachers from the nature of science. Adopting a phenomenological approach and purposeful sampling, this qualitative research was carried out through semi-structured interviews with 30 high school science teachers (physics, chemistry, biology and earth sciences) in Tabriz. In order to increase the precisionand throughout the research has used from viewpoints of experts, continusely study method, compare the data study, make brief and classified the information without any damaged data. The interviews were recorded and analyzed through Smith's method. The findings based on the experiences of the teachers about nature of science were classified into 10 main themes, i.e. “definition of science”, “Science isolation from other issues”, “being tentativeness scientific knowledge”, “theory-laden observations and subjectivity” “The role of imagination and creativity in science”, “distinction between theories and laws”, “the distinction between observation and inference in science” -“ scientific method”, “cultural and social influences on science” “Features scientists”, and several subthemes. Manuscript profile -
Open Access Article
230 - A Comparative Study of Civil Liability for Sporting Accidents (Based on Fault) between Iranian and Common Law
Meghdad Mahmoodi Alami Vahid Shojaei Mohammad Hami Mohammad SanaeiIn private law, it is very important to define the basis of civil liability. As Stark puts it, it is no exaggeration to say that civil liability is the most important thing in private law. In civil liability, it is said that no one should harm another and no harm should MoreIn private law, it is very important to define the basis of civil liability. As Stark puts it, it is no exaggeration to say that civil liability is the most important thing in private law. In civil liability, it is said that no one should harm another and no harm should be left without compensation. The rules of civil liability are so flexible in some cases that they pass by some damages without compensation. In other words, some activities, the most prominent of which are sports activities, on the one hand, cause harms, and on the other hand, have found so much social, spiritual and material value that they force the rules of responsibility to comply with their rights. Civil liability, which demands compensation for all damages, should give up its slogan.Injured consent was initially considered a complete defense in the Commonwealth. Violence and injury are unintended consequences of the increasing spread of sport. An important part of the losses and injuries are related to sports operations (games and sports competitions). This research seeks to examine the responsibility of athletes in sporting events and to determine the circumstances in which a person is held responsible. The role of fault in sports accidents in Iranian and common law is also examined. In common Law when a person does the job carelessly and the result is harm to another according to the law, the offender is responsible for any damage she has caused. Determining the basis of liability and the athlete responsible for injury in sports accidents is an important issue in civil liability. In fact, civil liability seeks to restore the right to the victim and leave no harm without compensation. To identify the person responsible for sports accidents, one must refer to two important features of sports activities, namely, the doctrine of inherent dangers and the doctrine of risk acceptance. The principle of inherent risk and acceptance of risk is also accepted in our law and the ability to cite is considered a criterion of responsibility, but this criterion does not negate the principle of fault and fault is at the heart of this concept of citation. Manuscript profile -
Open Access Article
231 - Determining the responsibility hierarchy pyramid and its relationship with demographic characteristics in Asian elite soccer and futsal referees
Ramin Iraji Noghondar Hamid Ghasemi Abolfazl FarahaniObjective: The aim of this research was to determine the pyramid of responsibility hierarchy and its relationship with demographic characteristics in Asian elite soccer and futsal referees.Methodology: The research method was descriptive and survey type. The statistical MoreObjective: The aim of this research was to determine the pyramid of responsibility hierarchy and its relationship with demographic characteristics in Asian elite soccer and futsal referees.Methodology: The research method was descriptive and survey type. The statistical population of this research included Asian elite football and futsal referees in both men's and women's divisions who were in the elite list of Asian referees in 2017 (N=317), and finally 292 respondents participated in the research. In order to collect data, descriptive indices and Kolmogorov Smironov tests, ANOVA, Pearson correlation coefficient, Friedman and path analysis were used in SPSS and EQS statistical software.Results: The results showed that there is a positive and significant relationship between age and experience of arbitration with responsibility. On the other hand, the results showed that economic, social, legal and ethical factors have a positive and significant effect on responsibility. Also, the results of the responsibility hierarchy pyramid showed that the order of factors from the highest part of the pyramid are: social, legal, economic and moral responsibility.Conclusion: By considering social, economic, legal and ethical factors, the level of responsibility in judges can be raised, which ultimately leads to the improvement of their performance.Objective: The aim of this research was to determine the pyramid of responsibility hierarchy and its relationship with demographic characteristics in Asian elite soccer and futsal referees.Methodology: The research method was descriptive and survey type. The statistical population of this research included Asian elite football and futsal referees in both men's and women's divisions who were in the elite list of Asian referees in 2017 (N=317), and finally 292 respondents participated in the research. In order to collect data, descriptive indices and Kolmogorov Smironov tests, ANOVA, Pearson correlation coefficient, Friedman and path analysis were used in SPSS and EQS statistical software.Results: The results showed that there is a positive and significant relationship between age and experience of arbitration with responsibility. On the other hand, the results showed that economic, social, legal and ethical factors have a positive and significant effect on responsibility. Also, the results of the responsibility hierarchy pyramid showed that the order of factors from the highest part of the pyramid are: social, legal, economic and moral responsibility.Conclusion: By considering social, economic, legal and ethical factors, the level of responsibility in judges can be raised, which ultimately leads to the improvement of their performance. Manuscript profile -
Open Access Article
232 - Perfect Man from Sanayee Qaznavi’s Viewpoint
Ali Akbar Afrasiyabpour Flor Valipour Chahardah CherikReal monotheist is the same perfect human being that reached the position of witness and manifestation that is the highest rank belonging to the prophet Mohammad. Any person who deals with this subject matter, while not using the term ‘perfect man’, and that stated at t MoreReal monotheist is the same perfect human being that reached the position of witness and manifestation that is the highest rank belonging to the prophet Mohammad. Any person who deals with this subject matter, while not using the term ‘perfect man’, and that stated at the center of the poetry, is Sanayee Qaznavi, the poet and mystic of 6th century AH. Upon ranking the perfect man, he stated a lot about divine cognition and believes that the way of getting to the final destination is to be their followers. He is to wonderment position as will of divine prophets in cognition and reaching to the right and passing way in God and survival on God and the role of human wisdom in reaching to this statute had significant poems. Also he believes that following sacred law in route of mystic path to reaching fact. He believes it as a procedure of perfect man to reach the right Manuscript profile -
Open Access Article
233 - A Query about the Jealousy Of love
Siavash NarimanAmong various subjects regarding theosophy, jealousy attracted the Sufis and theosophists attention. This is fundamental concept for the Sufis’ thoughts. In gnostic thoughts jealousy has appeared as an ethical belief and could draw a great deal of attention. And God bas MoreAmong various subjects regarding theosophy, jealousy attracted the Sufis and theosophists attention. This is fundamental concept for the Sufis’ thoughts. In gnostic thoughts jealousy has appeared as an ethical belief and could draw a great deal of attention. And God based on this jealousy, has called all the visible and invisible sins inadmissible. In religious law texts, saints lifestyles, shiilks words, Sufis and poets’ works, jealousy was not only neglected, but was seriously taken into consideration. Theosophists and spiritual contemplators impressed by Qudsi and prophetic Hadiths based on their own mystical tact or taste, interpreted and paraphrased the jealousy. That is to say: each Sufis and theosophist interpreted jealousy from their own point of view. In this article, “What jealousy is”, it’s literal and terminological definition, jealousy as a social phenomenon, Divine jealousy and its different types and the theosophists’ impression of it have been dealt with. Manuscript profile -
Open Access Article
234 - An overview Of Life and Works Of Anqarwi and his Selection Of Mathnawi entitled Nisab -i Mawlawi
Mahmoodreza EsfandiarMathnawi is undoubtedly one of the most important sources of religious and mystical knowledge in Islamic culture. That is why the commentaries and excerpts from this work in many parts of the Muslim world in various languages are available; one of which is nisab -i Mawl MoreMathnawi is undoubtedly one of the most important sources of religious and mystical knowledge in Islamic culture. That is why the commentaries and excerpts from this work in many parts of the Muslim world in various languages are available; one of which is nisab -i Mawlawi, a selection of Ismaeil Anqarwi, the famous commentator of Mathnawi and the master of Mowlavi Tariqa. Anqarwi in this excerpt, inspired by the great mystical works such as Manazil al-saeirin of Khwaja Abdullah Ansari and Misbah al-hidayah of Izzoddin Mahmoud Kashani, has laid out the most important mystical issues in three types of Tariqat, Shariat and haqiqt. The author then has provided a brief definition of mystical concepts and topics that is often derived from the two works mentioned above - and then has quoted some verses from Mathnavi. At the end of the paper, the manuscripts of Nisab -i Mawlawi kept in different libraries in Turkey and Iran are introduced. Manuscript profile -
Open Access Article
235 - Mysticism and Preventing Crimes
علی اعظم رفیعنژادIn the past centuries, human communities utilized religious laws to purify persons and people out of deviation and to remove delinquencies and to fight against crimes. But with the latest development in technology and sciences, since laws were not renovated and didn’t g MoreIn the past centuries, human communities utilized religious laws to purify persons and people out of deviation and to remove delinquencies and to fight against crimes. But with the latest development in technology and sciences, since laws were not renovated and didn’t get along with everyday needs, the human orented materialistic and benefit-seeking viewpoints based on gaining more and further enjoyment overcome various majors of law. In today society, the one who is prone to mysticism and people are inclined toward the core and heart of religion should use the energy for different fields of law, especially preventin crime and other social vulnerabilities and offering necessary solution. Manuscript profile -
Open Access Article
236 - A Semantic Analysis of the Alawite Truth in Imam Khomeini's Mystical Works
narjes roodgarAlawite truth (Haghighat-e Alawieh) is a mystical term which has been already taken from Ibn Arabi’s works and his commentators, but has taken a more serious place in Shiite mysticism. Have done. The purpose of this study is to illustrate the place of Alawite trut MoreAlawite truth (Haghighat-e Alawieh) is a mystical term which has been already taken from Ibn Arabi’s works and his commentators, but has taken a more serious place in Shiite mysticism. Have done. The purpose of this study is to illustrate the place of Alawite truth in the discussions of theoretical mysticism in Imam Khomeini's thought. The results of this study are as follows: 1. The origin of the term Alawite truth, 2. The objectivity of Haghighat-e Mohammadieh and Alawieh, 3. Haghighat-e Mohammadieh in Mysticism, 4. Haghighat-e Mohammadieh and Alawiyah is the only channel of care and love for the people, 5. Alawite truth is from the world of matter, 6. The place of Alawite truth in the creation and legislation, 7. Srian Haghighat Mohammadiyeh and Alavi in the levels of existence, 8. The Antioch of Martyrdom to Ali PBUH in Martyrdom to the Prophet and God, 9. The truth of Alawite is infinite, 10. Alawite truth is the heart of the whole world, 11. The necessity of obeying Imam Ali, 12. Ali, peace be upon him, inside the Qur'an, 13. The relationship between Alawite and Mahdist provinces, 14. Ahl al-Bayt, people of Alawite truth Haghighat-e Alawieh Manuscript profile -
Open Access Article
237 - Mystical Thoughts Gohlawi in The Description Mohabbat Nameh Jami
Fatemeh Pahlavanshamsi Shahrzad Niazi Maryam BolouriThe description of the jumbo's contribution to the work of Muhammad bin Ghulam ibn Muhammad gohlawi is from the writers of the Indian subcontinent, was the beginning of the thirteenth century AH. Although it is a Persian work, it is important because of the knowle MoreThe description of the jumbo's contribution to the work of Muhammad bin Ghulam ibn Muhammad gohlawi is from the writers of the Indian subcontinent, was the beginning of the thirteenth century AH. Although it is a Persian work, it is important because of the knowledge and information of the mystical. In the description of the jama's book, the essence and spirit of the teachings of Sufism are reflected. What is inferred from this edition is not merely encouraging people to be isolated and away from society and civilization, but rather, in the organization of human life and in the context of human civilization in human society. He opens a broader horizon in the name of service and compassion for the creation of men. Thoughts of Gohlawi have come from a cup. In the Preface to the Companionship, he states that the heart is the source of love, and the reason that is lacking in love is a dead body and the world and everything in it is created from the influence of love. The purpose of this study was to explain the position and emphasis on the importance of recognizing the publication of the Jami Prize in Persian literature, first briefly introducing this work and its subject, then seeking the mystical and social ideas of Muhammad ibn Ghulam Gohlavi and retrieving these ideas in various fields and areas. Manuscript profile -
Open Access Article
238 - The Use of Mystical Representation in the Nature of Legal Representation
Sharyar Bagheri saeed bigdeli Nejad Ali AlmasiThe definition and basis of legal representation in justice should be sought in its previous sciences and in the discussions of "normative legal philosophy". In proxy, proxy and permission from another is important, which is based on the intellectual, moral and social f MoreThe definition and basis of legal representation in justice should be sought in its previous sciences and in the discussions of "normative legal philosophy". In proxy, proxy and permission from another is important, which is based on the intellectual, moral and social foundations of nations in the history of civilization. In this article, an attempt is made to find the roots of one of the foundations of normative legal philosophy that is related to the field of mysticism, which is trust and mystical representation, and the place of representation in mystical and legal intellectual foundations is taken into consideration and in comparison with legal representation, the role of intellectual, spiritual and moral fields in judicial sciences should be explored and with the library method and by referring to the primary sources of these two disciplines, to clarify the conclusion that representation has a wide meaning, a branch of which is rooted in mysticism and it is also based on trust. From the legal point of view, the ethical condition, respect for the client's interest, trustworthiness and keeping secrets are observed in it. Manuscript profile -
Open Access Article
239 - A Study of the Law of Absorption in Rumi's Mystical Thought
Banafsheh Karami Malek Mohammad Farrokhzad Reza Heydari NouriThe law of attraction is the belief that by focusing on positive or negative thoughts and ideas, whatever you think will be achieved. The law of attraction is a universal law that says that after setting a goal and accelerating the effort to achieve it, one should const MoreThe law of attraction is the belief that by focusing on positive or negative thoughts and ideas, whatever you think will be achieved. The law of attraction is a universal law that says that after setting a goal and accelerating the effort to achieve it, one should constantly align one's thoughts, actions and feelings with the desired goal and purpose. We absorb everything we often think about, good or bad. Rumi, centuries before talking about the law of attraction as one of the most successful universal laws and in harmony with the universe in order to achieve the desired goal, consciously and consciously understood many of these laws and this law in full Accuracy has been introduced and applied in a practical and applied way; Throughout Rumi's Masnavi is the presentation of universal laws, each of which encompasses some form of law of attraction. This article discusses the effect of thought and the laws governing it in a descriptive-analytical manner and based on library and document research data, then discusses the examples of this universal law in Rumi's ideas, especially Masnavi. The results and findings of the research indicate that Rumi paid special attention to this law in addition to his mystical thoughts and ideas long before the law of absorption was introduced in psychology and modern philosophy. In Masnavi, Rumi refers to the law of attraction as "common value" and "this identity"; it is so common to find something we think about. Manuscript profile -
Open Access Article
240 - The Concept of Man in Islamic Jurisprudence and Law and its Feedback with Theories of Mysticism and Sufism
bahman BabajanianThe subject of the article is a reflection on the epistemology of the human condition in jurisprudence and law and its relationship with mysticism and the method of mystical thinking. This research is to answer the question of how human rights and its levels are explain MoreThe subject of the article is a reflection on the epistemology of the human condition in jurisprudence and law and its relationship with mysticism and the method of mystical thinking. This research is to answer the question of how human rights and its levels are explained in jurisprudence and mysticism in various forms and to what extent. Theoretical research with analytical-descriptive method is the approach of analysis of research texts. The main hypothesis of the research is the connection of mystical theories and views with the principles of individual-social human rights. Rights and strategies are also explained in Islamic jurisprudence and principles. Some mystical theories seek to construct a position and consequently human rights for human beings. Others have expressed their views based on the defined rights of individuals. Manuscript profile -
Open Access Article
241 - The Effects of Initial In-Plane Loads on the Response of Composite-Sandwich Plates Subjected to Low Velocity Impact: Using a New Systematic Iterative Analytical Process
K Malekzadeh Fard A Azarnia -
Open Access Article
242 - An Approximate Solution of Functionally Graded Timoshenko Beam Using B-Spline Collocation Method
D Mahapatra Sh Sanyal Sh Bhowmick -
Open Access Article
243 - Thermal and Mechanical Properties of Hybrid Composite Strengthened by Carbon Fibers/Aramid Fibers
F Basati M.H Yas -
Open Access Article
244 - Free Vibrations of Three-Parameter Functionally Graded Plates Resting on Pasternak Foundations
J.E Jam S Kamarian A Pourasghar J Seidi -
Open Access Article
245 - Mechanical Behavior of a FGM Capacitive Micro-Beam Subjected to a Heat Source
I JafarSadeghi-Pournaki M.R Zamanzadeh R Shabani G Rezazadeh -
Open Access Article
246 - Frequency Analysis of FG Sandwich Rectangular Plates with a Four-Parameter Power-Law Distribution
S Kamarian M.H Yas A Pourasghar -
Open Access Article
247 - Nonlinear Finite Element Eccentric Low-Velocity Impact Analysis of Rectangular Laminated Composite Plates Subjected to In-phase/Anti-phase Biaxial Preloads
M Shariyat M Moradi S Samaee -
Open Access Article
248 - Thermoelastic Analysis of a Rectangular Plate with Nonhomogeneous Material Properties and Internal Heat Source
V. R Manthena N.K Lamba G.D Kedar -
Open Access Article
249 - Free Vibration Analysis of Continuously Graded Fiber Reinforced Truncated Conical Shell Via Third-Order Shear Deformation Theory
M.H Yas M Nejati A Asanjarani -
Open Access Article
250 - Investigation on the Effect of Tigthening Torque on the Stress Distribution in Double Lap Simple Bolted and Hybrid (Bolted -Bonded) Joints
F Esmaeili T.N Chakherlou -
Open Access Article
251 - Semi-analytical Solution for Time-dependent Creep Analysis of Rotating Cylinders Made of Anisotropic Exponentially Graded Material (EGM)
A Loghman V Atabakhshian -
Open Access Article
252 - Population density of Eurygaster integriceps (Het., Scutelleridae) and spatial distribution pattern of its nymphs on irrigated wheat field in Chadegan city
Zahra Doosti Naser Moeini-Naghadeh Abbas Ali Zamani Leila NaderlooThe Sunn-pest, Eurygaster integriceps Put., is the most important insect pest of wheat and barley in Chadegan city, in Isfahan province. This study was conducted on a farm with an area of one hectare in 2015 and 2016 in Chadegan county. In this research with sampling re MoreThe Sunn-pest, Eurygaster integriceps Put., is the most important insect pest of wheat and barley in Chadegan city, in Isfahan province. This study was conducted on a farm with an area of one hectare in 2015 and 2016 in Chadegan county. In this research with sampling regular population fluctuation and spatial distribution nymphal stage different by using Taylor’s power law and Iwao’s patchiness regression was calculated. Based on the results of Taylor’s power law in 2015 (except 5 nymphal stage) and 2016 the spatial distribution of nymphal instars different, was determined aggregated. In Iwao’s patchiness regression, the spatial distribution of nymphal stages different in 2015, was determined aggregated and in 2016 the spatial distribution except 3 and 4 nymphal instars, was determined aggregated. Upon the results of this research, appearance date 1st to 5th nymphal instars in 2015 were observed in 10th, 16th, 16th, 19th and 26th May respectively. appearance date 1st to 5th nymphal instars in 2016 were observed in 18th, 21th, 23th, 31th May and 4th Jun respectively. Maximum density population 2nd nymphal instar that is the best time for control sunn pest was observed in 2015 and 2016, 30th may (2.43±0.65) and 4th Jun, respectively Manuscript profile -
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253 - Order Reduction and μ-Conservation Law for the Non-Isospectral KdV Type Equation a with Variable-Coefficients
Khodayar Goodarzi -
Open Access Article
254 - Analysis of love in the system of metaphorical concept from the perspective of Rumi and Biddle Dehlavi
mehrangiz azizi mohamadreza shad jahandoost sabzalipoor hosein Arian said ahadzadehThe metaphorical approach as a textual analysis tool is a new and linguistic approach that Likoff and Johnson coined as a conceptual metaphor. Their theory is that metaphor is a tool for thinking and thinking that flows in human life and with the help of which individua MoreThe metaphorical approach as a textual analysis tool is a new and linguistic approach that Likoff and Johnson coined as a conceptual metaphor. Their theory is that metaphor is a tool for thinking and thinking that flows in human life and with the help of which individuals make abstract and sensory concepts tangible and tangible. Love is one of the most important abstract concepts of human life and worldview that has been used in literary and mystical texts with various metaphorical interpretations. Jalaluddin Mohammad Balkhi, known as Maulana and Abdul Qadir Bidel Dehlavi, are among the mystics-poets whose poems revolve around love and use deep and beautiful conceptual metaphors in the realm of love. This treatise examines the conceptual metaphor of love and its analysis in Rumi's spiritual Masnavi and Biddle Dehlavi's lyric poems. The theoretical basis of this treatise is Lycoff and Johnson's theory of metaphor. All the conceptual metaphors used around the mapping of love in the two works were studied descriptively-analytically and it was concluded that both poets in conceptualizing love from the tangible domains of places (sea and environment), objective concepts (fire, hunt, Flame, candle, etc.) and some other concepts have benefited. Both prefer love to asceticism. Both consider love to be eternal and call love the origin of the universe and man. The intellect is considered to have failed in recognizing love, and not everyone is considered a confidant of love, and it is said that whoever dies in love has attained eternal survival. Manuscript profile -
Open Access Article
255 - An Analysis of the Repeated Financial Earthquakes
Fateme Taleghani Mahdi Salehi Alireza Shakibaiee -
Open Access Article
256 - Meta-Policies on Women Employment with Respect to Ethic and Law Philosophy
مهدی Abdolhamid حسین Babaei MojaradThe women employment has been a controversy issue. Regarding the different aspects on such an agenda; numerous positions had been taken to either oppose or support it. What should be taken into concern in raising the women employment topic is diagnosing the existing pro MoreThe women employment has been a controversy issue. Regarding the different aspects on such an agenda; numerous positions had been taken to either oppose or support it. What should be taken into concern in raising the women employment topic is diagnosing the existing problematic and drawing effective policies to resolve them; concerning femininity gender and Islamic ethic and law principles. While law philosophy with realistic view point and by referencing to advantages and disadvantages; appropriate to women potentialities and capacities and via adaptation of natural and approved laws, tried to support the women employment. On contrary the ethic philosophy tend to oppose women employment by discussing controversial issues; meanwhile by directing women employment toward affective and emotional management of the society; it authorized the women employment while lack of contradictory to women roles in the family and in-home and appropriate to innate women characteristics. It is necessary to accomplish policies to eliminate the obstacles of women employment based on Islamic Ethic and Law Philosophy. Such policies should be based on benefit of the feminine and the society, realization social and political insight, safeguarding the family, protecting women identity, virtue, and emotional management of the family and the society. Manuscript profile -
Open Access Article
257 - Causes and Effects of Sexual Crimes against Women in Iranian Criminal Law Perspective
منصور Attasheneh A. H. Nasiri-Nia یوسف Ebrahimi-NasabToday, violence against women and their abuse are committed in a variety of ways, the most complicated and severe type of which is sexual crimes that are increasingly overgrown. Human societies are dipped into the whirlpool of corruption due to leaving their heavenly le MoreToday, violence against women and their abuse are committed in a variety of ways, the most complicated and severe type of which is sexual crimes that are increasingly overgrown. Human societies are dipped into the whirlpool of corruption due to leaving their heavenly learned lessons; yet they barely think of religious solutions. Perhaps, the same phenomenon applies to Islamic countries, as well. Although – due to religious, cultural and social conditions - the issue of sexual crimes commitment including sexual abuse of women is more limited in these countries compared to other ones and in particular western countries, the essence of committing such crimes implies social and cultural damages which should be radically fought against, making use of religious approaches and social control model of the religion and especially Islam criminal policy. A glance at respective statistics indicates social harms and deviations; however, it has not still surrounded the whole society. Undoubtedly, the violence against and sexual abuse of women are considered as one of the different social deviations, major disturbing factors of cultural, social, regulatory and disciplinary security of the societies, and that is why different legal systems adopt particular solutions, strategies and measures to control, handle and eradicate it. In the meantime, Islamic legal system and the criminal policy adopted, takes severe action against sexual deviations in general and sexual violence and abuse in particular. The author of this paper intended to provide a quick overview and description of juridical rulings and the penalties prescribed in Iranian criminal law and Syrian criminal law by proposing a definition for sexual violence and abuse while specifying different types of them so as to offer suitable legal suggestions as well as to determine the related legal gaps. Manuscript profile -
Open Access Article
258 - Legal Status Of Woman In The Holy Qur'an
A. R. AttashThis article is about the status of woman in the Holy Qur'an and eradicating the healthy relationshipsbetween men and women. So the subjects of psychology, sociology, law and religion havebeen used in this study. Also, descriptive method and analysis of the verses have MoreThis article is about the status of woman in the Holy Qur'an and eradicating the healthy relationshipsbetween men and women. So the subjects of psychology, sociology, law and religion havebeen used in this study. Also, descriptive method and analysis of the verses have been used and theHoly Qur'an is the main source of the study. Thus, in this article the weakened status of women inhuman society are discussed in general and in Islamic society in particular. Then the reasons of thisweakness investigated by the Holy Qur'an and Sunnite of Ahle Beit (peace be upon them). Theresearcher has referred to the strategies by using the religion and based on this, the article answeredthe basic questions in the introduction. But primarily, we say that the reasons of weakened statusof women in society is the thoughts and views that people had in a specific period of time whenmen had the responsibility of all the works and with iron hands faced with women. Based on this,in the era of science revolution and the small global village, we can see such relations. Since Islamis the last religion and Islam prophet is the last one that has the responsibility of the bliss in thisand next world, it is the duty of religion to eradicate such a wrong social distance between men andwomen. Thus, we are required to refer to the Islamic sources- the Holy Qur'an and Ahle Beit- andsolve social problems. Manuscript profile -
Open Access Article
259 - Investigating the Level of Attention Paid to the Components of Educational Law in Social Studies Textbooks of the Second Grade of Elementary School
Fatemeh Javanmard Sedigheh GHoltash مهدی سپهری نیاIntroduction: The purpose of this study was to investigate the level of attention paid to the components of educational law in social studies textbooks of the second grade of elementary school. The research method was quantitative content analysis and the unit of analys MoreIntroduction: The purpose of this study was to investigate the level of attention paid to the components of educational law in social studies textbooks of the second grade of elementary school. The research method was quantitative content analysis and the unit of analysis was text, exercise and image. In this study, the components of educational rights include the right of access to education, the component of the right to access quality education and the component of respect for human rights. Research Methodology: The statistical population is the social studies textbooks of the second grade of elementary school and the sample size was considered equal to the statistical population. Descriptive statistics index was used to analyze the data. The findings indicated that the components of children's educational rights have been considered 42 times in the fourth grade social studies textbook, in the fifth grade 38 times and in the sixth grade 37 times. In the social studies textbook of the fourth grade, the most important component was the "right to quality education" with twenty-five times of repetition. In the fifth grade social studies textbook, the most important component was the "respect for human rights in education" component with twenty-six times of repetition. In the sixth grade social studies textbook, the most important component was the "respect for human rights in education" component with twenty-five times of repetition. Exploratory factor analysis, and the one-sample t-test), as well as SPSS and LISREL software were utilized. Findings: The results demonstrated that the school elements in creating social capital in students consisted of teachers (0.51), education (0.53), the curriculum (0.58), school principals (0.40), educational staff, and the school environment (0.51). In addition, the constituents of the students’ social capital included cognitive, communicational, and structural capitals. In this article extracted from the mentioned research, the ‘curriculum’ was addressed as the most influential factor, among school elements, in creating social capital in students. Manuscript profile -
Open Access Article
260 - To Laugh in Other Method:Shams and Maulânâ’s Ironic Narratives in Maghâlât (Essays)
Mohammad Morad IraniMysticism have a great partake in Persian literature and literary creations, so the thought, ethic and theosophical literature have influenced on most of the first rate literary works. Sufism literature is a type of didactic literature. The MoreMysticism have a great partake in Persian literature and literary creations, so the thought, ethic and theosophical literature have influenced on most of the first rate literary works. Sufism literature is a type of didactic literature. Theosophical poetry and prose have applied to educating mystical codes and moral regulations, and sometimes to explanation of mystical idioms. The theosophic preceptor, makes use of lingual abilities and didactic skills in literary styles in wise preacher role ,because he'll teach thoughts and practical experiences. Irony is one of these techniques. Sufi makes use of the ironic diction,in multiple forms and various styles of irony, for teaching mystical codes and moral regulations. Sometimes, mystical irony or Sufic criticism is inconsiderate and insolence. Sufi is a humorist , deviationist and a taboo breaker (a taboo desecrator ). Whenever, it is necessary he breakes up any sanctums. Basically, theosophistُs approach in irony is a teachable strategy for instruction of mystical codes and moral principles. It is caused of a special method and a particular style that, we can call it didactic, schoolarly, pulpitarian mysticism. Utilization of short or long anecdotes and seasoning them with irony is a specification of popular mysticism. The writer, begins this paper by an introduction to the irony and different types of it – with a glance at theosophical works, specially Shams and Maulânâ’s words in Maghâlât, and Fih – e - mâ Fih. Then, I explaned samples of quip from Maghâlât (essays). The selected samples of narratives in this research, have been presented in a doubled distribution- once with respect to content of narratives and other time in regard to kind of irony in anecdotes. Manuscript profile -
Open Access Article
261 - Measuring political efficiency in the Rouhani government based on the indicators of the rule of law and the legitimacy of the executive branch
Sharareh Abdolhoseinzadeh Ali ali hoseini Siamak BahramiOne of the most important things to know the government is to measure its efficiency. Efficiency expresses the degree of success of the government, especially in the executive branch, to achieve its specific goals, and it also expresses the degree of its effectiveness, MoreOne of the most important things to know the government is to measure its efficiency. Efficiency expresses the degree of success of the government, especially in the executive branch, to achieve its specific goals, and it also expresses the degree of its effectiveness, which comes about through different institutions and with different mechanisms. In this research, Rouhani's government, known as the government of prudence and hope, has been examined considering two important indicators of rule of law and legitimacy. The main question of this research is how the efficiency of the government, based on two indicators of rule of law and legitimacy, was measured in Rouhani's government and how was it? This research, using descriptive-analytical method, has come to the conclusion that in the field of rule of law index, Rouhani's performance was always in the red state and his limited efforts to improve the existing indicators in this field were met with failure. Regarding the legitimacy of the Rouhani government, it was related to the position of the general public. At this point, the majority of Iranian citizens reached the stage of indifference towards the country's political issues, especially participation in the elections, due to the weak management performance of the government and the type of protests faced in 1996-1998. Manuscript profile -
Open Access Article
262 - The concept of law in the thought of Mirza Malkam Khan
fardin moradkhaniLaw is the key concept of Iran's constitutionalism. Iranians realized the importance of this concept from the beginning of the new era of their history. They believed that the law was the solution to many problems in the country. Iranian thinkers from the Qajar period h MoreLaw is the key concept of Iran's constitutionalism. Iranians realized the importance of this concept from the beginning of the new era of their history. They believed that the law was the solution to many problems in the country. Iranian thinkers from the Qajar period have tried to express their views on this concept and how to write it in Iran. In this article, the opinions of one of the most important Iranian intellectuals about the law in the Qajar era have been examined. Mirza Malkam Khan was one of the first Iranians who spoke many words about the law, and the history of Iranian law-seeking is tied to his name. In this article, an attempt has been made to analyze the definition of law, how the law is established, the characteristics of law, and the relationship between Feghh and law by relying on Malkam Khan's writings. Although his words are significant on some issues such as the characteristics of law, the truth is that it is not possible to extract a coherent and orderly thought about the concept of law from his opinions. Manuscript profile -
Open Access Article
263 - Essay into the Progressive "Experience" of Mirza Yusuf Khan Mostashar al-Dowleh
Hamed Ameri Golestani Shervin Moghimi ZanjaniYousuf Khan Mostashar al-Dowleh is one of the most important and effective progressivists in the Qajar era. His treatise titled A Word, in spite of concision, has an important role in the constitutional thought during the Nasirid period and the Persian Constitutional Mo MoreYousuf Khan Mostashar al-Dowleh is one of the most important and effective progressivists in the Qajar era. His treatise titled A Word, in spite of concision, has an important role in the constitutional thought during the Nasirid period and the Persian Constitutional Movement. A significant part of modernist view on the law in contemporary Iran is derived from the “status” of Mostashar al-Dowleh as the one of the main constitutionalists who is standing in the crucial place. This Article, by viewing the “Introduction” of A Word as the locus in which the spirit of the work is mentioned, situates the treatise in its modernist context and thereby attempts to show that Mostashar al-Dowleh’s position is completely modern from the law point of view and that is the case in spite of his emphasizing on the traditional “considerations”. We will try to do this by showing that he principally accepts the modernity and then he treats tradition but not vice versa. Therefore, we can consider him as a founder and not as a merely modernist intellectual. Considering this “status”, this article reread A Word and its introduction as a monument struggle to institute “the law” aimed to institutionalization of the government and legalization of the society. Manuscript profile -
Open Access Article
264 - Sovereignty and political legitimacy in the intellectual school of Akhund Khorasani
mohammadali karbasionSovereignty, in the sense of legitimacy or justification of political power, is divided into three categories: divine, non-divine and divine-human according to its source. Akhund Khorasani, according to his first and foremost jurisprudential foundations, first considers MoreSovereignty, in the sense of legitimacy or justification of political power, is divided into three categories: divine, non-divine and divine-human according to its source. Akhund Khorasani, according to his first and foremost jurisprudential foundations, first considers absolute power to be exclusive to God's nature, and in two periods of his life, firstly, he dealt with the matters of hasba from the authority of the jurist, and in the period of his struggle for constitutionalism. , he knows about the authority of believers and then the president of the nation, and at this stage he leans towards the legitimacy of the political power of the president of the nation. He rejects the legitimacy of the legitimate monarchy and considers the infallible government to be only the legitimate government and all the governments of the age of occultation as unjust and by dividing them into just, such as the constitutional and coercive, the just government, such as the constitutional, is in charge of public affairs. If they are rational and religious, according to the clear ruling of reason and the eloquent texts of the Sharia, it considers the illegitimacy of Jabreh Manuscript profile -
Open Access Article
265 - Concepts and institutions of public law in Qajar travelogues
Reza Yaghoubitravelogues are an important channel for identifying and introducing the relations governing the era that the travelogue narrates. An important part of these relationships are the concepts and institutions that the travel writer has described as a symbol of the apparent Moretravelogues are an important channel for identifying and introducing the relations governing the era that the travelogue narrates. An important part of these relationships are the concepts and institutions that the travel writer has described as a symbol of the apparent difference between the West and the East. Considering the significant cognitive gap between the spatial container of the minds of the authors of these travelogues and the historical space of the subject of the travelogue writers' narrative and considering the newness of the major part of established and conventional legal concepts and institutions in the time and place of the subject of these travelogues, understanding the narrative The travelogues of these concepts and institutions allow us to get acquainted with their historical background. The description of the authors of these travelogues is descriptive and limited to the appearances of institutions and legal concepts, and all the travelogues who are the subject of this research had no knowledge of the theoretical foundations and background of these concepts and institutions, and only Abdul Latif Shoushtari made scattered references to the break between the old and the new in their thoughts. and the theoretical foundations of these concepts and institutions. In general, the predominance of genre and historical narrative and the lack of theoretical and analytical reflection is the common feature of all these travelogues. Manuscript profile -
Open Access Article
266 - The Development of the Concept of Political Representation in Iran
Asadallah Izadkhah masoud raei Manuchehr Tavassoli NainiToday, the institution of political representation is accepted as one of the most important theoretical and fundamental foundations in the field of public law in all systems based on democracy. with the introduction of this modern concept in Iran's public law which MoreToday, the institution of political representation is accepted as one of the most important theoretical and fundamental foundations in the field of public law in all systems based on democracy. with the introduction of this modern concept in Iran's public law which coincided with the constitutional era, there have been many debates about what is this modern institution that the result of such approaches, most of which have been based on the acceptance or non-acceptance of the modern institution of representation based on the principles and criteria of figh. In a different perspective, the authors of this article have sought to answer this question by considering the specific characteristics of the institution of representation in the field of public law, what has been the attitude of Iranian public law towards this modern institution in the constitutional era? This research intends to answer this question by descriptive-analytical research method and using library resources. The findings of this study indicate that the issue of the concept of representation as a modern legal establishment in Iranian public law and the theories presented about it has various objections and ambiguities. Therefore, what seems to be a hypothesis in the minds of the authors of this article, is the lack of legal analysis of the institution of representation and the dispersion of related issues, especially the adaptation of this modern institution to the concept of advocacy. Therefore, this study, while taking a brief look at the concept of representation in Iran, has explained and examined the background of formation and contexts of the development of this modern institution from the perspective of public law. Manuscript profile -
Open Access Article
267 - Meritocracy in the society of iran(In a Cartesian doubt)
shohre shahsavari fardIn recent years, Administrative Law have been linked to hetorical concepts. This branch of law, as in the past, has no limitative and restrictive role. Rather, it is linked with new issues such as meritocratic system, good governance, effectiveness, efficacy, pragmatism MoreIn recent years, Administrative Law have been linked to hetorical concepts. This branch of law, as in the past, has no limitative and restrictive role. Rather, it is linked with new issues such as meritocratic system, good governance, effectiveness, efficacy, pragmatism, purposivism, etc., and in turn, it tries to administer the society effectively in the light of the management rules. According to the assumptions, meritocracy requires continuity and development that leads to increased motivation and responsibility which would bring us closer to the health of the administrative law system.In this regard, the researcher is seeking to identify and analyze the most important legal-managerial ideas, which are intended to create a meritocratic and non-discrimination system, using descriptive-analytical approach; in order to answer the question of what features the meritocratic system has and what the barriers exist to its realization in society. The results reflect the fact that the legislathion of case- law , presence of a modern Asabiyyah and the lack of elites' rotation are the significant factors in the inefficiency of such system in societies Manuscript profile -
Open Access Article
268 - Examining the position of the right to a healthy environment in international law
farzaneh dashti Ehsan RohamThe right to a healthy environment is one of the basic human rights. This right actually reflects high values such as the right to life, the right to health, and the right to live with a standard, and it is closely related to the prerequisites for the continuation of th MoreThe right to a healthy environment is one of the basic human rights. This right actually reflects high values such as the right to life, the right to health, and the right to live with a standard, and it is closely related to the prerequisites for the continuation of the life of the current generation and future generations. In fact, this right is in accordance with the collective requirements and today the necessity of raising this right has caused more attention to be paid to it. In this regard, many international documents, both binding and non-binding, such as the Universal Declaration of Human Rights, the Covenant on Civil and Political Rights, and the Covenant on Economic, Social and Cultural Rights, explicitly and implicitly emphasize the right to a healthy environment. In this article, which is done with a descriptive-analytical method, we have tried to examine and recognize this right by emphasizing human rights. The results of the present research show that despite the fact that several laws have been passed in order to protect the environment and in each of the international documents the right to the environment has been emphasized in some way, it has not been enough. Therefore, this requires a global and comprehensive effort to achieve an ideal in this regard. Manuscript profile -
Open Access Article
269 - Dig into contents of the Containment Theory; A Comparative approach on the Levers of rehabilitation at the constitution of the Islamic Republic Iran
Gelavizh Sheikholeslami vatani Mohammad Ashouri Nasrin Mehra Mohammad Ali MahdaviSabetThe implementation of a justice system founded on unequivocal culpability is likely to yield no outcome other than recidivism. As such, the present study endeavors to redefine the mechanisms that are capable of deterring criminal recidivism within a specific geographica MoreThe implementation of a justice system founded on unequivocal culpability is likely to yield no outcome other than recidivism. As such, the present study endeavors to redefine the mechanisms that are capable of deterring criminal recidivism within a specific geographical area, while simultaneously enhancing the process of criminal reintegration. This is achieved by mitigating the detrimental effects of punitive measures, such as incarceration. The foundation of the study is established on a fundamental inquiry, which, through a comparative methodology, endeavors to elucidate the means by which non-criminal mechanisms of rehabilitation may be comprehended in offenders. The research question posits the objective of elucidating the scope of containment ideology through a correlation between social theory and crime prevention, through an examination of analogous facets in the Islamic Republic of Iran's constitutional principles, the Quran, and interpretive resources. The present study is grounded in the examination of cognitive theory, employing a descriptive-analytical approach, and utilizing content analysis as a means of data collection. The research's findings describe that the rehabilitation of offenders and its progression follows a gradual and incremental process that by strengthening non-criminal self-restraint measures, it can logically and practically provide appropriate opportunities for crime management and prevention to society. Manuscript profile -
Open Access Article
270 - Examining the rights of witnesses in Iran's criminal law system with a view to the International Criminal Court
امین امیریان فارسانی ZEINB BANIASDITestimony is known as one of the evidences to prove a lawsuit or the fastest way to access evidences in legal systems, and its performance at different stages of proceedings is a manifestation of the cooperation of citizens and the community with the enforcement of crim MoreTestimony is known as one of the evidences to prove a lawsuit or the fastest way to access evidences in legal systems, and its performance at different stages of proceedings is a manifestation of the cooperation of citizens and the community with the enforcement of criminal justice in finding the truth. Undoubtedly, the discovery of the truth as much as it makes the victims and the plaintiffs hope for justice, it makes the accused and the criminals angry and arouses a sense of revenge in them. And this retaliation against the witnesses due to the testimony of the perpetrators of the crimes makes it necessary to protect the witnesses. In this regard, witnesses can be supported by adopting different support methods, especially preventive measures before and during the proceedings and even after. Witnesses also have rights in the judicial process, which should be considered in comparison with the rights of other persons involved in the case. The present study examines the measures and witness rights in Iran's legal system with a brief look at the procedure of the International Criminal Court, which supports financial, mental security and physical security of the witness, including the mechanisms designed to encourage witnesses to cooperate with the criminal justice system, and in this regard, measures such as concealing the identity of the witness, physical protection from the witness, honoring, changing the job and place of residence and Compensation for the damages caused to the witness will benefit. Manuscript profile -
Open Access Article
271 - The international responsibility of the Persian Gulf countries for marine pollution caused by oil and gas extraction from the perspective of international marine environmental law.
mohamad masouri azade mirzaei elnaz HeraviMarine environmental international law is one of the trends in international law that tries to oblige governments to comply with the necessary laws and measures needed to maintain biological resources, organisms and the health of the seas. The presence of rich oil and g MoreMarine environmental international law is one of the trends in international law that tries to oblige governments to comply with the necessary laws and measures needed to maintain biological resources, organisms and the health of the seas. The presence of rich oil and gas resources in the sensitive and strategic region of the Persian Gulf and its environmental characteristics have recognized this region as one of the most important strategic regions in the world, which is exposed to severe environmental pollution and destruction. . The creation of these pollutions should result in civil responsibility for the polluting country under the title of international responsibility, which was the purpose of establishing an organization called RAPMI. In this article, an attempt has been made to deal with the issue by combining the articles of the Human Rights Commission and the 1978 Kuwait Convention, that if a government causes environmental pollution to enter the Persian Gulf due to oil and gas extraction, its responsibility. How is the country compared to other countries? This responsibility, which can be called the "responsibility of international marine environmental rights, needs to hold more international gatherings and meetings in order for it to become more and more realistic. Manuscript profile -
Open Access Article
272 - Feasibility of employment rights of disabled citizens from perspectiveSubject laws and international documents
hedieh sadat mirtorabi ehsan aghamohamadaghaee khatereh ghasemiOn the one hand, the right to employment of the disabled is a concern of most general and special human rights documents, both international and regional, based on citizenship considerations, and on the other hand, due to the specific physical and mental requirements of MoreOn the one hand, the right to employment of the disabled is a concern of most general and special human rights documents, both international and regional, based on citizenship considerations, and on the other hand, due to the specific physical and mental requirements of citizens, it may require special commitment from the governments. , based on behavioral considerations and support requirements. In the meantime, the principle of equal employment opportunity and the principle of prohibition of discrimination, which are the most fundamental principles in all human rights documents and domestic laws, target the government as a responsible and committed institution, and it means that the government's commitment in the field of disabled people's rights is justified Positive discrimination requires a reinterpretation of rights and duties. In Iran's legal system, according to the comprehensive law on the comprehensive protection of the rights of the disabled, almost all governmental, semi-governmental bodies and organizations, public and revolutionary institutions and even sometimes private and non-profit organizations are required to provide cultural, economic, social and educational support to the disabled citizens. The title of the first law, which has such a broad view on the issues of the disabled, is important. Despite this, shortcomings are observed in the implementation of policies and laws, including the employment of disabled citizens in jobs that they have the talent and ability to do because they do not have the appearance accepted by the society. Manuscript profile -
Open Access Article
273 - Principles and legal requirements in line with management of haze
Hossein KhazaeiAccording to article 50 of the constitution, environmental protection is a public duty, and all people and agencies are obligated to do so. One of the factors that threatens the environment is the phenomenon of haze that has affected many provinces of Iran in the past d MoreAccording to article 50 of the constitution, environmental protection is a public duty, and all people and agencies are obligated to do so. One of the factors that threatens the environment is the phenomenon of haze that has affected many provinces of Iran in the past decade and today threatens the right to life of citizens and even many animal species. On the other hand, considering that many countries face this environmental risk, in addition to domestic actions, joint actions of countries should not be ignored. For this reason, in recent years, laws and agreements have been introduced at national, regional and international levels, but they have not been able to affect the management of haze phenomenon. In addition, measures must be taken within the country that prevent or minimize the penetration of haze phenomenon, These measures have been mentioned in laws such as the Clean Air Act, the Environmental Protection and Improvement Act, and the Executive Regulations on Combating the haze phenomenon, but unfortunately they have always faced challenges; Therefore, in this study, while emphasizing international actions, these challenges and limitations have been addressed and solutions have been proposed to eliminate them in order to manage haze phenomenon. Manuscript profile -
Open Access Article
274 - Investigating Iran's legal and judicial criminal policy in the field of economic crimes with an emphasis on Islamic jurisprudence and Iranian law
Mehdi Dida Salameh Abolhasani Naghmeh farhoudIn the upcoming research, a descriptive-analytical method has been used to examine Iran's legislative and judicial criminal policy in the field of economic crimes, with an emphasis on Iran's jurisprudence and law. Economic crimes have a complex nature and today it has b MoreIn the upcoming research, a descriptive-analytical method has been used to examine Iran's legislative and judicial criminal policy in the field of economic crimes, with an emphasis on Iran's jurisprudence and law. Economic crimes have a complex nature and today it has become an acute problem at the national and international level, which in case of lack of control can challenge the efficiency, legitimacy and even the survival of governments in addition to political, economic, social and security consequences. . In order to solve this pervasive problem, in the first step, it is necessary to identify all the dimensions and characteristics of economic crime, and after being aware of this important factor, it must be carefully identified from the jurisprudential and legal point of view. The criminalization of economic crimes is one of the tools and mechanisms of the criminal policy of every country in dealing with crime and economic deviations; If it is not based on a reasonable and logical policy and solid foundations, not only will it not give the desired result, but it will also cause many economic and social problems. The judicial criminal policy of economic crimes is the core of the country's criminal policy, and Manuscript profile -
Open Access Article
275 - Repentance in Iranian criminal law, Imamiyyah and public jurisprudence
دکتر حیدرنژاد ali forotaniAbstract Purpose: The institution of repentance is emphasized as a legal institution in the Holy Qur'an and in numerous hadiths and from the perspective of Islamic jurists, and it is today considered as one of the factors of mitigating or reducing punishment.Method MoreAbstract Purpose: The institution of repentance is emphasized as a legal institution in the Holy Qur'an and in numerous hadiths and from the perspective of Islamic jurists, and it is today considered as one of the factors of mitigating or reducing punishment.Methodology: This qualitative research made use of descriptive-analytical method and was library-based.Findings: Islamic schools have agreed on the fall of the afterlife punishment in case of repentance, but there are differences of opinion regarding the fall of the worldly punishment. Although public jurists have not paid attention to the quality and conditions of repentance compared to Shia jurists, differences are evident in some jurisprudence texts between the four Arbaah differences. Sunni jurists believe that repentance before arrest is the reason for the reduction of the punishment, but there are dissimilar opinion in other extreme crimes, because some people, citing verses, traditions and analogy of priority, have considered repentance as the reason for the reduction of other punishments, except for the punishment of muharibeh.Conclusion: From the point of view of the Islamic Penal Code of 2013, repentance only causes the fall of punishments that have the aspect of pure divine right and has no effect on the rights of people; therefore, in Qazf and Muharebeh, after proving and mastering the criminal, repentance does not cause the reduction and fall of the punishment. The legislator's innovation in separating punishment crimes according to the degrees of severity and weakness and punishment and accepting the effect of repentance only in light crimes lacks justified grounds and legal balances and is against Sharia rules and in the position of expression. Manuscript profile -
Open Access Article
276 - Civil liability arising from the violation of sports contracts in the laws of Iran and England with a look at Islamic jurisprudence
Abdollah Doulah Mahdi Firozabadian Gholamreza YazdaniThe purpose of this research is the comparative study of civil liability resulting from the violation of sports contracts in the laws of Iran and England with a view on Islamic jurisprudence. The research method is descriptive-analytical and taken from library sources. MoreThe purpose of this research is the comparative study of civil liability resulting from the violation of sports contracts in the laws of Iran and England with a view on Islamic jurisprudence. The research method is descriptive-analytical and taken from library sources. In response to the question, what is the civil liability resulting from the violation of sports contracts in Iranian and English law with an approach to Islamic jurisprudence? It was found that athletes in sports clubs, like other legal entities, have rights and obligations, and failure to fulfill these rights and obligations - either contractual or legal - may cause the clubs to be held civilly or legally liable, depending on the case. The legal relationship of the sports clubs with the athletes and coaches is based on the employer-employee relationship and is subject to the labor law, except in special cases such as the regulations and circulars of the relevant federations. Clubs are vicariously responsible for damages caused by athletes and coaches to third parties, including opposing athletes and spectators. The basis of civil liability of sports clubs in Iran's legal system and Islamic jurisprudence and European countries is based on the assumption of fault. The most important duty of sports clubs is to comply with the club's safety obligations, which non-compliance leads to civil or police liability of the respective club. Manuscript profile -
Open Access Article
277 - Legal and moral infrastructure of the innovation and creativity system
Seyed Hatam Mahdavinoor Mohammad Hosein Ghorbani Davood SamariContext: The most important pillar of the development of any country is research. Therefore, developed countries spend a considerable amount of their gross income on research, and as a result, the job of some people has been research. The distinctive feature of the rese MoreContext: The most important pillar of the development of any country is research. Therefore, developed countries spend a considerable amount of their gross income on research, and as a result, the job of some people has been research. The distinctive feature of the research from other activities, such as study is creativity, and systematic innovation in the scale of knowledge that has made enterprises and even countries competitive. The more innovation and creativity in a country is, the better it is in terms of credibility over other countries. Innovation and creativity require specific infrastructure, one of which is legal and moral infrastructure. Purpose: The purpose of this study is to investigate the legal and moral infrastructure of creativity in society. Method: The research method is quasi-experimental. First, by examining the texts and interviewing the experts, the ethical and legal factors affecting creativity were extracted, and then, using the Demethan theme, relationships between them were examined. The statistical population of all experts in the field of ethics, law, creativity and innovation is the statistical sample of 30 people who have been selected as snowstorms. Results: The analysis of the results shows that shortcomings, over-opportunities, easy access to judicial courts, the recognition of the individual and social effects of virtues, proper laws and the existence of transparency are the most important causes of human morality. The social environment, education, adherence to patterns of morality, the recognition of virtues and vices, the implementation of the lawlessness of the law, the recognition of virtues rewards, and the recognition of punishments are causing disadvantages. Conclution: In order to observe the ethics of research, it must first be trained and the models, especially the sovereignty, should adhere to intellectual property rights. It is also easy to have access to judicial tribunals to investigate research offenses. Manuscript profile -
Open Access Article
278 - Examining the principle of joint responsibility of governments in international environmental law and its relationship with the position of the rule of fairness in Iranian law
Mir hasan riazi ‎ Ali Faqih Habibi Ali ‎ Mashhadi Mansour pour NouriThe principle of common but distinct responsibilities as a very subtle technique has helped governments to come together to ratify several international environmental conventions and thus enforce the rule of law and develop international environmental law. The global de MoreThe principle of common but distinct responsibilities as a very subtle technique has helped governments to come together to ratify several international environmental conventions and thus enforce the rule of law and develop international environmental law. The global desire for international cooperation in the direction of environmental protection has been specified in many binding and non-binding documents of international environmental law, which can be considered as the beginning of principle 24 of the Stockholm Declaration of 1972. Equity in jurisdictions subject to English Common Law refers to a set of general rules that "governe all laws" and "all civil laws derive from it" and form the foundation of the Common Law legal system. In this research, using the descriptive-analytical method, an attempt has been made to examine the principle of joint responsibility of governments in international environmental laws and its relationship with the position of the rule of equity in Iranian law. The basic question is that the principle of joint responsibility of governments in What is the relationship between international environmental laws and the principle of fairness, the resulting result indicates that fairness is not affected by any government law" and is everything, even beyond the law. Fairness allows the courts to act as they see fit; and apply justice in accordance with natural law Sometimes in the interpretation of the law, sometimes in filling the void of the law, and sometimes instead of the law, it is one of the examples and reflection of "just principles" and it is considered part of the rights at the decision-making level, and referring to it does not require the consent of the parties to the dispute. Manuscript profile -
Open Access Article
279 - Identifying the Point of View of the Reconstructionism Theory in Relation to Ethics Training and Lawfulness to Students
Aliasghar Ghelichkhan Mohammad Reza Sarmadi Mohammad Hashem Rezaei Faezeh NateghiPurpose: The main purpose of this research is to identify the reconstructionism theoretical perspective on Ethics training and Lawfulness to students.Methodology: From a purpose perspective, the research method is fundamental and theoretical, and from an implementation MorePurpose: The main purpose of this research is to identify the reconstructionism theoretical perspective on Ethics training and Lawfulness to students.Methodology: From a purpose perspective, the research method is fundamental and theoretical, and from an implementation perspective, it is of the philosophical research type. The required data were collected by document analysis and using the note-taking tool, and analyzed by the descriptive-interpretive method. The community under study consists of written books and electronic resources that present the theoretical perspective of reconstructionism, as well as research backgrounds related to the research topic.Findings: Research findings indicate that the reconstructionism theoretical perspective in the field of teaching ethics and law acceptance to students has specific educational elements. Reviewing the content of the curriculum with an emphasis on critical thinking, strengthening effective social relationships, employing new technologies, learning the culture of peace, providing a platform for obtaining firsthand social experiences, teaching problem-solving skills, striving to dignify individuals in society and cultivating worthy citizens - each of these theories has educational foundations and principles, goals, content, and instructional methods about moral and legal education, which share similarities and differences.Conclusion: In explaining the findings of the current research, it can be said that from the point of view of pragmatism, real education and training takes place more effectively in an open or democratic environment, an environment that is free from absolutes that hinder the freedom of research. Old and new individualism, stubbornindividualism,has been rejected as a historical remnant. Pragmatism strongly suggests planning and social action to adapt the emerging organized social system to human goals and purposes. Manuscript profile -
Open Access Article
280 - A review on exergy analysis in different energy sectors
mohamad amin sadeghi Abdollah Khalesi Doost.Limitation of energy resources in all over the world has forced countries to evaluate policies which is related to energy as well as taking some steps to prevent waste of energy. In developing countries using economized device and new techniques in order to improving u More.Limitation of energy resources in all over the world has forced countries to evaluate policies which is related to energy as well as taking some steps to prevent waste of energy. In developing countries using economized device and new techniques in order to improving utilization (efficiency) has been noticed. First law of thermodynamics states conversion of energy during a process, but the second law deals with energy quality, entropy generation, lost opportunities for doing work. Moreover it satisfies improving of qualities. Second law of thermodynamic is a valuable tool for optimizing complex thermodynamic systems. Exergy is a defined parameter to investigate potential of work. Maximum or minimum exergy is available entropy of effective (efficient) work from a system which reaches from one condition (status) to another one, in a specific process. In this study attempts have been made to review formers researches in optimization of different sectors of energy thoroughly. Manuscript profile -
Open Access Article
281 - Investigation of the Barriers to the implementation of Private Investment in Construction of cogeneration system in Governmental medical centers
Ashkan Abdali SusanOne of the most suitable places for the implementation of cogeneration systems (CCHPs) are hospitals . The high and continuous of electricity, heating and cooling loads in these places have caused the use of this type of system to be of great attraction. The low tariffs MoreOne of the most suitable places for the implementation of cogeneration systems (CCHPs) are hospitals . The high and continuous of electricity, heating and cooling loads in these places have caused the use of this type of system to be of great attraction. The low tariffs for energy carriers in government hospitals have caused the private sector to refrain from investing directly in this sector due to lack of economic justification. In this study, which was performed in a typical hospital, as one of the most suitable places for construction of the CCHP system, the capacity has been estimated to 2.4 MW power plant based on two 1.2 MW gas engines. In this project, it is anticipated that by utilizing the waste heat of gas engines in the supply of heat and power to the hospital, the energy conversion efficiency could be increased from 42% to 56.4%. In this study, different solutions have been introduced in order to eliminate the obstacles of the ruler in attracting this amount of investment . Manuscript profile -
Open Access Article
282 - The principles of heat transfer and fluid mechanics in porous media (review)
mehrdad mesgarpour Ali Heydari seyfollah saddodinPorous materials are encountered literally everywhere in everyday life, in technology, and in nature. With the exception of metals, some dense rocks, and some plastics, virtually all solid and semisolid materials are "porous" to varying degrees. There are many examples MorePorous materials are encountered literally everywhere in everyday life, in technology, and in nature. With the exception of metals, some dense rocks, and some plastics, virtually all solid and semisolid materials are "porous" to varying degrees. There are many examples of porous materials in everyday life and the environment. Textiles and leathers are highly porous; they owe their thermal insulating properties, as well as the property that they "breath ," to their pore structure. Paper towels and tissue paper are also highly porous; these owe their absorbency partly to their porous structure and partly to the property that they are strongly wetted by water. In this study, mathematical model and formula based on porous media will be discuses. Manuscript profile -
Open Access Article
283 - A study of the legal aspects of e-tourism in Iran from the perspective of commercial law
samaneh kamyabiThe number of Internet users and communication styles is expanding and increasing day by day, the use of new and smart technology has become a part of today's and future life. One of the most important uses of the Internet and communication and information technology is MoreThe number of Internet users and communication styles is expanding and increasing day by day, the use of new and smart technology has become a part of today's and future life. One of the most important uses of the Internet and communication and information technology is in tourism, on the other hand, the legal dimensions of electronic tourism are ambiguous according to Iran's law. The development of e-commerce needs a proper legal framework, the current thesis in 5 chapters with a descriptive analytical method based on the collection of information is aimed at identifying, discovering these factors and determining their effectiveness. According to the findings of the study, the e-tourism industry is growing in Iran and the world, but there are challenges in the field of legal and legal aspects of e-tourism, including areas of access to tourism services and business, e-tourism crimes, e-trust, granting licenses and legal approvals of centers and There are tourist facilities. In order to determine the relationships and dependencies between these criteria, AHP hierarchical analysis method has been used. After obtaining the relationships and dependencies between the criteria, it is time to weigh them. This evaluation has been done as a pairwise comparison. For this purpose, 30 questionnaires were answered and collected by experts. The results of the research show that among the three main criteria of the research, structural-managerial factors have the greatest impact on the inadequacy of Iran's tourism legal laws and after Those executive factors and content of laws are the most effective factors. Also, among the investigated sub-criteria, tourism's cross-sector nature and multiplicity of decision-making centers and overlapping duties of related organizations play the biggest role in the inadequacy of tourism laws. The legal and legal challenges of e-tourism should be taken into consideration by the policy makers and institutions in charge of this industry, because due to the universal nature of these challenges, efforts to solve them are a necessity, which facilitates the process of attracting tourists by turning threats into opportunities. foreign and the satisfaction of the domestic tourist. Manuscript profile -
Open Access Article
284 - Economic Transparency and the Rule of Law Emphasizing Article (6) of the Law on the Implementation of General Policies, Article 44 of the Constitution
Laleh Shahbazi Ahmad Markazmalmiri, Erfan, Shams عبدالرضا برزگرAbstractThis article aims to describe the state of clarification and how to present and disclose financial information of companies and economic enterprisesSecurities and Exchange Organization (in line with the legal duties of Article (6) of the Law on the Implementatio MoreAbstractThis article aims to describe the state of clarification and how to present and disclose financial information of companies and economic enterprisesSecurities and Exchange Organization (in line with the legal duties of Article (6) of the Law on the Implementation of General Policies, Article 11 of the Constitution)Islamic Republic of Iran (approved by the Islamic Council on 5118/14/58) and numerous amendments in 5141, 5146, 5148 and 5149, as one of the indicators of the rule of law.Disclosure and presentation of accurate, transparent and timely financial information of companies and economic enterprises to the stock exchange organization It can provide a healthy and fair competitive environment in the society because wherever there is information transparency, public supervision and accountability If there is not enough, the possibility of fraud, discrimination, rent, mistrust, corruption and mismanagement increases. On a macro scale Also, transparency can increase social and economic capital, strengthen the rule of law and good governance.In the current research, how the laws and regulations, legal tools and enforcement guarantees are effective in the field Clarifying and providing correct and timely financial information of economic institutions and enterprises, studied through documentary studies data and provide solutions to overcome existing obstacles. Manuscript profile -
Open Access Article
285 - Uniformity and Diversity in the Ancient Near East
Hosein BadamchiAncient legal documents have got special style of writing in which there is a common traditional style. We have got nine main documents from the cuniforms legal ones and also the Holy Book up to now with lots of similarities in terms of contest, the way of expressing th MoreAncient legal documents have got special style of writing in which there is a common traditional style. We have got nine main documents from the cuniforms legal ones and also the Holy Book up to now with lots of similarities in terms of contest, the way of expressing themselves and law concerning definition. Manuscript profile -
Open Access Article
286 - Land Use and the Efficiency of Transportation Laws with Regard to Air Pollution in Tehran Metropolitan Area
Vahid Moshfeghi Gholamreza Haghighat Naeini Mitra Habibi -
Open Access Article
287 - Investigating the Impact of the Liberal Thought on the Constitutional Revolution
mohammad mehdi roshanfekr reza moeini roudbaliIn a situation where the weaknesses of the Qajar dynasty were more indicative of a theoretical vacuum in the political sphere, the introduction of technology and technical products of the western civilization into Iran, without the entry of intellectual spheres and cult MoreIn a situation where the weaknesses of the Qajar dynasty were more indicative of a theoretical vacuum in the political sphere, the introduction of technology and technical products of the western civilization into Iran, without the entry of intellectual spheres and cultural products, seemed impossible. For this reason, new ideas came to Iran. Concepts such as law, liberty, parliament, and at the top of all liberalism entered into Iranian political literature in such a context. In dealing with Western civilization and seeing the remarkable differences of this alien creature, Iranians came to a different understanding of themselves and their society that was very different from the past. This distinction and a change in attitudes towards culture, politics and society are well seen in travelers' travels, travels and travels themselves. The point to be considered in these writings is their position on their culture and Western civilization. The result of the first acquaintances are the prescriptions they are giving to the treatment of their own pain, one of the most important of which was the transfer and promotion of liberalism and the attempt to rule it in Iran. This research is grateful for answering this question. How much was the liberal thought as one of the most important thoughts in Iran in the Qajar era and how did it affect the formation of the constitutional revolution? Google Translate for Business:Translator ToolkitWebsite Translator Manuscript profile -
Open Access Article
288 - Environmental law in ancient Iran
Mehrdad Rahbar mojtaba ansarianHumans have always been influenced by and influenced by the environment since they set foot on the universe. In the past few centuries, the advancement of science and technology and the increase in population have made the increasing use of the environment necessary, so MoreHumans have always been influenced by and influenced by the environment since they set foot on the universe. In the past few centuries, the advancement of science and technology and the increase in population have made the increasing use of the environment necessary, so thinkers have been on it. They have to regulate this moderation by setting rules, because harm to the environment is harm to human beings. Today, the beginning of this effort is considered to be the Stockholm Conference in 1970, which led to the emergence of green policy. The previous civilizations each had a different approach to their ecosystem, which did not have a coherent structure at all.In the meantime, the approach of the ancient Iranians is very different. This interdisciplinary study aims to examine the method of the ancient Iranians in this regard and answer the question: When did man start to establish legal rules about the environment? Manuscript profile -
Open Access Article
289 - Historical course of flexibility in international treaties
عمیق amigh محمد ادیبی مهر علی پور قصاب امیریThe social developments of the day have begun to decline and disappear. But Islamic law with the feature of flexibility, has a solid and complete program to bring man to happiness in this world and the hereafter, and by maintaining dynamism, flexibility and the ability MoreThe social developments of the day have begun to decline and disappear. But Islamic law with the feature of flexibility, has a solid and complete program to bring man to happiness in this world and the hereafter, and by maintaining dynamism, flexibility and the ability to adapt to the temporal and spatial conditions in each period, the laws It has the necessary power to meet the needs of different human societies over time without changing its principles and foundations. In other words, the Islamic legal system is a living being that has changed and remained dynamic based on various temporal and spatial variables while maintaining its original and fixed identity.In this study, while stating examples of practical rules that indicate the flexibility and simplicity of Islamic law, the historical course of flexibility in treaties, factors that make it possible for Islamic laws to adapt to social changes, and strengthening the culture Flexibility and increased gravity are emphasized along with toughness.This article has been done in a descriptive-analytical method with the help of library tools and the analysis of thematic points and the inference of legal jurisprudential propositions. Manuscript profile -
Open Access Article
290 - Le rôle de l'éthique dans l'adhésion aux traités internationaux dans l'histoire contemporaine de l'Iran
omid amigh mohamad adibi ali porEthics in adherence to international treaties has always been considered by philosophers, scientists and jurists, especially in the contemporary history of Iran, as a rational necessity and a necessity of a healthy social life. Governments are logically inclined to main MoreEthics in adherence to international treaties has always been considered by philosophers, scientists and jurists, especially in the contemporary history of Iran, as a rational necessity and a necessity of a healthy social life. Governments are logically inclined to maintain their material and spiritual assets, especially their international prestige; And the ethics of commitment and responsibility will greatly help to increase that capital. Thus, adherence to the ethics of the treaty has often been used as a way to legitimize individuals in societies and has become a solid intangible guarantee during legal and political guarantees.By examining it in jurisprudence and law, in addition to explaining the extent to which governments adhere to treaties and treaties, especially in the international arena, which has always been a concern of governments in the history of nations, can also be considered by the country's diplomatic apparatus. To take. Therefore, in this article, by examining the role of ethics in the need to adhere to international treaties as one of the principles of foreign relations of the Islamic State and the basis of Islamic ethics in treaties, the distinction and commonality of ethics and law, citing verses, hadiths, reason And the international custom, following the basic solutions, deals with the duty of ethics in the law of international treaties in the contemporary history of Iran. Because the author believes that if the position of ethics in such sensitive international relations and its observance is properly explained, they will achieve it. Manuscript profile -
Open Access Article
291 - Fereydoun Adamit, historian of the idea of progress and freedom
khosrou zamani hassan malaekehFereydoun Adamit is one of the most important historians of contemporary Iranian history. He can be considered a "historian of progress" in Iran, because in most of his works, the reference to the principles of modernity and progressivism and in monographs, the referenc MoreFereydoun Adamit is one of the most important historians of contemporary Iranian history. He can be considered a "historian of progress" in Iran, because in most of his works, the reference to the principles of modernity and progressivism and in monographs, the reference to the most important Iranian progressives represent this issue. His attitude towards tradition and identity as well as the elements of modernity in his writings is very important, because an important part of historical knowledge about the history of modernity in the Qajar era is derived from his works or is influenced by his works. This article seeks to answer the question of what has been humanity's approach to modernity? Humanity considered the idea of progress from the West as the main field of progress in Iran and analyzed it with its historical studies, considering first-class documents and writings. In order to gain an understanding of his historical thought as well as his modernist historiography by analyzing his writings on modernity. Manuscript profile -
Open Access Article
292 - A Reflection on 1919 Treaty
jalil naebiyanThe Mashroteh(constitutional) revolution in Iran can be understood as an anti tyranny movement. Mashrotyat was an attempt to restrict traditional force and to distribute power systematically in the form of new institutions. The political power preceding Mashroteh MoreThe Mashroteh(constitutional) revolution in Iran can be understood as an anti tyranny movement. Mashrotyat was an attempt to restrict traditional force and to distribute power systematically in the form of new institutions. The political power preceding Mashroteh had a tyrannical structure, with unlimited power. The government was considered the property of the Sultan and his power was assumed absolute. This essay is an attempt to investigate the social and political situation in Iran during Qajar period. It is believed that the Mashroteh was a national awareness which was intended to take advantage of the favorable historical situation for the liberation of it's people. There is a discussion on the well – known 1919(A.C. or 1337 AH) treaty and its social impact on the powers of the poets and the writers writing as well as the literary circles. Also, some poems by Eshghi in disagreement to this treaty are mentioned Manuscript profile -
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293 - The First attempt and challenges of Iranian merchants Commercial in the Process of Establishing a Lawful System of Governance and the Modern State in constitutional Period
Soheila Torabi FarsaniBefore the advent of constitutionalism , social and economic insecurity , legal instability, abrogation of verdicts passed by Mujtahids, lack of any established laws, possibility of confiscation of wealth, and an intrusion of foreign capital into the country provided di MoreBefore the advent of constitutionalism , social and economic insecurity , legal instability, abrogation of verdicts passed by Mujtahids, lack of any established laws, possibility of confiscation of wealth, and an intrusion of foreign capital into the country provided discontent for the Iranian merchants’. By this time, the merchants had gained a thorough familiarity with the West through the advocation of theoretical basis of the Western thought by the intellectuals and the newspapers. The merchants participated in the constitutional revolution and took part in the first Majlis in which they tried to pass laws to ensure liberty for all citizens, public participation in the political affairs of the country and government transparency. In this paper it has been tried to examine the Role of merchants in these development based on the available documents. Manuscript profile -
Open Access Article
294 - the intraction of governments and sunni scholars in the establishment of the lawfulness for the government
M. MahdavianThe lawfulness or lack of lawfulness of the governments in the Muslemworld is one of the important theoretical discussions of Muslem scholarsand thinkers . Each of the diverse parties has investigated lawfulnessfrom its own point of view. The establishment of lowfulness MoreThe lawfulness or lack of lawfulness of the governments in the Muslemworld is one of the important theoretical discussions of Muslem scholarsand thinkers . Each of the diverse parties has investigated lawfulnessfrom its own point of view. The establishment of lowfulness for thegovernment has been a great concern for governers.Most of the Sunni scholars have selected to fix the current situation andadvocated the Caliphate and current governments with the subterfuge ofpreventing divirgences and civilwars . In this article, it has been tried toclarify the thought divergence between Sunnis and Shiite aboutgovernment with regard to some of the thoughtful bases of Sunnischorars.It can be maintained that Sunni scholars have always advocatedCaliphate and the contemporary governments and havenot intendedestablish an ideal government ; wheres the Shiite have always been inthe direction of establishing an ideal government on the bases of Shiitecriteria. Manuscript profile -
Open Access Article
295 - The effect of chemistry science on law system
habib asadiAbstract:Law is comprised of a series of foundations that regulate the relationships between individuals and the society because each citizen has a set of personal and social responsibilities and based on which law rules are identified. On the other hand, chemistry refe MoreAbstract:Law is comprised of a series of foundations that regulate the relationships between individuals and the society because each citizen has a set of personal and social responsibilities and based on which law rules are identified. On the other hand, chemistry refers to “a study of the structure of materials and constituents and materials changing their shapes”. This scientific field deals with studies on chemical substances and chemical combinations including atoms and molecules. Apparently it seems that there is not any relationship between these two branches of science (chemistry and law) because one belongs to sociology and the other is a branch of natural sciences. However, these two are related and this relationship is inevitable to be ignored. Specifically, chemistry is commonly used in law system because it is utilized in criminology and in forensic medicine. For example, in recognizing the type of materials and the alcoholic substances’ structures and the materials being exchanged, chemistry has always been used in administering the justice to help judges and courts make proper decisions. In the present study, the researchers would like to investigate about the effect of these two branches of science on each other and we would like to answer the question that what is the effect of chemistry on law system and how it can be utilized more effectively in law? Manuscript profile -
Open Access Article
296 - TheBasics and Structure of the Religious Government from the Perspective of the Qur'an
Mohsen AliakbariFollowing the victory of the Islamic Revolution in Iran, theocracy was introduced. In this research, using the descriptive-analytical method, and the ideas of Islam, the foundations and structure of the religious government are illustrated. In the definitions of governm MoreFollowing the victory of the Islamic Revolution in Iran, theocracy was introduced. In this research, using the descriptive-analytical method, and the ideas of Islam, the foundations and structure of the religious government are illustrated. In the definitions of government, law making, supervision and implementation are considered as government’s responsibilities. Government requires possession of the wealth of a land and possession of the lives, property and destiny of humans, and possession of anything requires its ownership. According to the Holy Qur'an, God is the creator and owner of the world and human ownership is a credit ownership, as humans do not even have real and absolute ownership over their lives and properties, and their possessions are subject to God's permission. Therefore, God is the ruler and the lawmaker who appoints the executive of the government, which eventually gains recognition by the people.Keywords: God, Government, Possession, Law Manuscript profile -
Open Access Article
297 - Anti-competitive practices from the perspective of Imami jurisprudence, Iranian law, the United States and the European Union
javad niknejad majid khalilpourgorgani behnam ghanbarporWhereas, by communicating the general policies of Article 44 of the Constitution and emphasizing privatization, it has condemned anti-competitive practices, and on the other hand, from the perspective of domestic law, due to the adoption of Culture of the Islamic Republ MoreWhereas, by communicating the general policies of Article 44 of the Constitution and emphasizing privatization, it has condemned anti-competitive practices, and on the other hand, from the perspective of domestic law, due to the adoption of Culture of the Islamic Republic of Iran and the implementation of the general policies of Article 44 of the Constitution) and especially its ninth chapter, anti-competitive behaviors and procedures have been identified and that anti-competitive practices are in conflict with certain jurisprudential rules, especially the harmless rule. How to fight against anti-competitive practice from a jurisprudential-legal perspective is necessary. The main question of the present study is that in comparison between anti-competitive practices from the jurisprudential-legal perspective, In American and European law, their competitive evaluation process is based on certain criteria.However, it is possible that these agreements, their specific elements, may be subject to general exemptions and be exempted from the competitive exploration process. Manuscript profile -
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298 - Examining the relationship between the indicators of good governance (the right to comment and respond and the rule of law) and human security in Iran: a case study of the 11th and 12th governments
saeed darabnia Hossein Karimifard Jahanbakhsh Moradi Ali BakhtiyarpourThe issue of good governance and its indicators have influenced the approach of governments on most of the basic issues. The current study seeks to examine the relationship between good governance and human security in Iran. It seems that there is a direct relationship MoreThe issue of good governance and its indicators have influenced the approach of governments on most of the basic issues. The current study seeks to examine the relationship between good governance and human security in Iran. It seems that there is a direct relationship between good governance indicators and human security. In such a way that the poor condition of the index of the right to comment and answer and the rule of law has led to the failure of human security. In order to carry out this research, descriptive-analytical research method and field survey have been used. The results of the research say: the degree of representation of rulers from social classes, the probability of success in suing the government, freedom of speech and political gatherings, political processes in holding elections, the rate of committing Among the issues, organized crimes and holding public gatherings have the most impact. Manuscript profile -
Open Access Article
299 - Components of the principles of good governance effective on the legislative branch
Zahra Qolami moghaddam Mohammad Sharif shahi Seyed mohammad Hashemi Qodrat allah Norozi baghkamehIn recent decades, the implementation of good governance programs and reforms as a development strategy has been requested from developing countries by many international financial institutions and donor countries that are part of developed countries and introduced as t MoreIn recent decades, the implementation of good governance programs and reforms as a development strategy has been requested from developing countries by many international financial institutions and donor countries that are part of developed countries and introduced as the most effective development model. The purpose of the current research is to investigate the components of good governance of the legislative branch. And the research method is descriptive-analytical. The legislature is one of the important institutions in the country's macro-decision-making, considering the relationship between the legislature and the executive, the governance in the Islamic Republic can be considered a semi-presidential and semi-parliamentary system. The findings show that the principles of good governance as a development strategy create several requirements for the legislature and these requirements are examined by separating the functions of the legislature into legislative and regulatory functions. The executive branch should not be negatively affected. Manuscript profile -
Open Access Article
300 - Examining the Nature and Effects of Sanctions against Iran (With a View to Developing Lobbying Influence in the US Decision-Making System)
Esmaeil Moogholi Abu Mohammad Asgarkhani Mahmoud ErfaniUnilateral sanctions go beyond multilateral sanctions imposed by the Security Council under the Charter of the United Nations. In this research, we are looking for the question that what is the nature of US sanctions against the Islamic Republic of Iran in the light of MoreUnilateral sanctions go beyond multilateral sanctions imposed by the Security Council under the Charter of the United Nations. In this research, we are looking for the question that what is the nature of US sanctions against the Islamic Republic of Iran in the light of international sanctions law? US sanctions has been of a mixed nature in the context of congressional and Treasury sanctions, as well as in the context of multilateral sanctions imposed by international organizations and in terms of international law governing sanctions it could only have legal validity in the absence of a bilateral treaty. Various laws in the United States allow US institutions to impose unilateral sanctions on other countries. Sanctions within the framework of the internal resources of the United States of America include: executive orders or decrees of the President, congressional sanctions of states, sanctions of states and governorates, and the Constitution of the United States. Manuscript profile -
Open Access Article
301 - Homogeneity in Social Mapping According to International Law
roya moradi Yadollah Maleki shirmohamad alipour abdoliThe principle of equality in the documents and declarations of international law, consider the social existence of man and emphasize the necessity of respecting the equal rights of individuals based on the freedom of the right to participate in self-determination, elimi MoreThe principle of equality in the documents and declarations of international law, consider the social existence of man and emphasize the necessity of respecting the equal rights of individuals based on the freedom of the right to participate in self-determination, eliminate discrimination, and achieve human social rights, regardless of differences. The research, using the descriptive-analytical method, and related sources and texts, has examined the issue of equality of social roles of people in different societies without discrimination, from the point of view of international law. Is a person free according to his capabilities in creating a social role, or does ethnicity, nationality, race affect this? Or is the equality in social participation affected by nationality, race, and religion? According to the research findings, the articles of the Universal Declaration of Human Rights underscores ethnicity, nationality, race, skin color, gender, and religion should not cause discrimination, lack of equal rights and social participation in society. Manuscript profile -
Open Access Article
302 - The Emergence of International laws and Regulations of States against Terrorism from the Perspective of International Law
Amin Amini Zare AboMohamad Asgarkhani Maryam MoradiAmin Amini Zare[1],AboMohamad Asgarkhani[2]*,Maryam Moradi[3] Abstract: Terrorism has been the subject of considerable reflection and research in various fields of the humanities, including international law. The purpose of this article is to investigate the origins o MoreAmin Amini Zare[1],AboMohamad Asgarkhani[2]*,Maryam Moradi[3] Abstract: Terrorism has been the subject of considerable reflection and research in various fields of the humanities, including international law. The purpose of this article is to investigate the origins of international regulations of world gov­er­n­m­ents in the fight against terrorism from the perspective of international law, which is followed by a descriptive-analytical method. According to the results the contemporary era has witnessed a lack of agreement and collective success in c­o­untering and eliminating the phenomenon of terrorism. The reason for this can be attributed to the lack of relative unity in defining the nature of the terrorist act, which in turn confuses and inefficiencies the forms of confrontation with it and institutions such as the United Nations. Although, the structure of inter­n­a­tional law has not become fruitful and final solutions due to the use of power by powerful governments in their interests. [1].PhD student in Public International Law, Qeshm Branch, Islamic Azad University, Qeshm, Iran. [2].Professor, Department of Law and Political Science, Qeshm Branch, Islamic Azad University, Qeshm, Iran,Corresponding Author [3].Assistant Professor, Faculty of Law,Qeshm Branch, Islamic Azad University, Qeshm, Iran Manuscript profile -
Open Access Article
303 - Investigating the Jurisprudential, Legal, Theological, Political, and Unity of the Islamic Ummah Based on Jurisprudential Opinions
morteza pourmolaii Rahmat FarahzadiFrom the Islamic point of view, the "ummah" as a "human being" is first of great importance and secondly, it has moderate effects on human beings, such as death and life, happiness, and cruelty. On the other hand, unity and empathy are desirable for Islam and it calls o MoreFrom the Islamic point of view, the "ummah" as a "human being" is first of great importance and secondly, it has moderate effects on human beings, such as death and life, happiness, and cruelty. On the other hand, unity and empathy are desirable for Islam and it calls on Muslims to try to create it and avoid any division. In verses and hadiths, in addition to the rule of reason to praise the creation of unity and condemn division and separation, some jurisprudential rules can be used to prove this importance. The unity of the Islamic ummah is that all Muslims should act in a united, coordinated, and cohesive manner against their common enemies. According to the Qur’an, the necessity and importance of unity are one of the most fundamental social and religious issues of Muslims. The purpose of this article is to study the legal jurisprudential status of the unity of the Islamic ummah based on jurisprudential opinions. Manuscript profile -
Open Access Article
304 - Transfer of the International Subject of the Contract in Iranian and British Law
Mohamad Mahdi Kazemi Moghdam Tayeb Afsharnia Mohamad Taghi RezaeiThis study examines the transfer of the international subject matter of the contract in Iranian and British law. The method used in this research is descriptive and comparative and a documentary approach has been used to collect information. One of the most important is MoreThis study examines the transfer of the international subject matter of the contract in Iranian and British law. The method used in this research is descriptive and comparative and a documentary approach has been used to collect information. One of the most important issues in private law that is considered is the transfer of the subject of the contract. The transfer of the subject of the contract causes the contracting party to leave the legal relationship and another person, called the deputy, to take his place. In such a situation, the contract remains, and the only change that occurs is a foreign replacement in the position of the contracting party. The results indicate that Iranian law, in addition to identifying the forced and consequential transfer of the contract, not only has the necessary capabilities and tools to confirm the voluntary transfer of the contract, but also has a comparative advantage over British law due to its acceptance of the institution of debt transfer. Manuscript profile -
Open Access Article
305 - The Position of Responsibility and Compensation in the Light of Quasi-Criminal Law in the Penal System of Iran and the United Kingdom
MohammadReza Golpayegani Nasrin Mehra Mohammad Ali Mahdavi Sabet Ali SafariThis article aims to examine the criminal system of Iran and the United Kingdom regarding compensation for unintentional crimes. The question of the present article is about compensation for unintentional crimes in Iranian and British law, which was analyzed using a des MoreThis article aims to examine the criminal system of Iran and the United Kingdom regarding compensation for unintentional crimes. The question of the present article is about compensation for unintentional crimes in Iranian and British law, which was analyzed using a descriptive analytical method and was investigated using a library method. The results of the article showed that in the criminal system of Iran, the rights of victims of quasi-crime do not have a proper place, and in the legislative policies, the compensation of their losses is not paid much attention, but in the criminal system of the United Kingdom, there are comprehensive regulations regarding the compensation of victims of quasi-crime. In Iran's courts, compensation for non-intentional crimes is done after proving the violation of a legal provision as a result of carelessness or recklessness, and in the courts of the United Kingdom, compensation is done after proving the violation of a legal obligation. Manuscript profile -
Open Access Article
306 - The Study of Citizenship Rights with Emphasis on Freedom of Expression in Jurisprudence and Law
Seyed Mojtaba Hakim Ali Faghihi Seyed Hossein EbrahimianCitizenship rights are exactly the same developed natural rights in the context of modern social life in the recent and contemporary century, in a sense the basic elements of citizenship rights supervise absolute, permanent, fixed, and objective human rights, and hence, MoreCitizenship rights are exactly the same developed natural rights in the context of modern social life in the recent and contemporary century, in a sense the basic elements of citizenship rights supervise absolute, permanent, fixed, and objective human rights, and hence, any human beings in this respect in a governing justice do not have superior over others, and citizenship rights are generally regarded as a single spirit that manifests themselves in the form of different statutes, not in the form of some separate articles that consist of a specific legal issue. Citizenship rights in regard to the issue can be divided into two main categories in the constitution; including fundamental rights and social rights that consist of political, administrative, economic, cultural, and judicial rights. Citizenship rights are studied and analyzed by the library and analytic methods in this research. Manuscript profile -
Open Access Article
307 - Review the Role of Public Order in the Implementation of Foreign Judgments in Terms of Islam and Iranian law
Hamid Bazrpach jalil Maleki Hasan Pashazadeh Mohammad Reza MojtahediIn this article, with the aim of examining the role of public order and its studying in the implementation of foreign court rulings based on British and Iranian law, we will try to present different perspectives. In examining the rules and legal institutions, jurists of MoreIn this article, with the aim of examining the role of public order and its studying in the implementation of foreign court rulings based on British and Iranian law, we will try to present different perspectives. In examining the rules and legal institutions, jurists of different countries recognize the concept of public order and consider it as a criterion for limiting the will of individuals. However, they do not agree on the nature of the concept of public order and have found it difficult to know the truth. Contrary to some people's beliefs, public order is not a rule and it is not a legal concept, but one of the main features of social life that is used in the judicial system as a model for creating administrative integration. However, it must be argued that today the enforcement of foreign court rulings in civil matters is accepted in the Iranian-legal system, and in some cases the issuance of the enforcement order is intended in civil matters. Manuscript profile -
Open Access Article
308 - The American School of Legal Realism: Dimensions and Approaches
Armin Amini Mojdeh GhoddousiRealism has different and perhaps conflicting meanings in discussions of legal theory and philosophy of law. The general meaning of realism refers to an image of the world in which external reality plays a stronger and more effective role than ideal aspects. Accordingly MoreRealism has different and perhaps conflicting meanings in discussions of legal theory and philosophy of law. The general meaning of realism refers to an image of the world in which external reality plays a stronger and more effective role than ideal aspects. Accordingly, the American realist movement seeks to exclude artificial and mysterious layers in the realm of law. Realism in this sense is somehow testing of legal theories considering the reality that takes place in the outside world. Legal reality, then, is anything that the courts actually do when decision-making. In this regard, descriptive-analytical method is used in problem processing and the purpose of this article is to examine the American school of legal realism and the issues raised by experts in this field. Finally, the findings show that realists, against their will, have succeeded in developing a strong and coherent theoretical perspective on law and judgment. Manuscript profile -
Open Access Article
309 - An Overview of the Principle of the Rule of the Will of the Couples and the Differences and Similarities of the Couples' Financial Rights in Iranian Law, Jurisprudence and English Law
Nahal Ebrahimpoor Marzieh Afzali MehrNahalEbrahimpoor[1] Marzieh Afzali Mehr[2] Abstract: The rights of couples in Iranian law, jurisprudence and its adaptation to England with the aim of expression of the sharing point is descriptive and the main question is, what is the difference and similarities MoreNahalEbrahimpoor[1] Marzieh Afzali Mehr[2] Abstract: The rights of couples in Iranian law, jurisprudence and its adaptation to England with the aim of expression of the sharing point is descriptive and the main question is, what is the difference and similarities of financial rights in Iran, jurisprudence and English and the history of the principle of rule in them? Thus, examining the legal and legal basis of the rights of couples will strengthen the strengths and weaknesses of the parties. Comparative law also causes the emergence of common points and differences between the two legal systems to be adapted. The verses of the Quran, traditions and principles of jurisprudence which have somehow supported the will of the people and show that Islam is not indifferent to the will of the people. Nevertheless, the principle of rule of will is derived from the European law and the rich jurisprudence of Islam has given special attention to the principles mentioned in the couple's financial rights. [1] - PhD Student in Private Law, Karaj Branch, Islamic Azad University, Alborz, Iran, ebrahimporhani@gmail.com [2] - Assistant Professor, Department of Law, Karaj Branch, Islamic Azad University, Alborz, Iran, Corresponding Author, Ma.afzalimehr@gmail.com Manuscript profile -
Open Access Article
310 - The Status of Aliens and Immigrants in International and Regional Document Law with Emphasis on the 1951 Convention on the Rights of Refugees
Alikaram Jlilpiran Alikaram Jlilpiran Mansour AtashanehAccording to international law, the sources of asylum are legal documents in which the norms and legal regulations related to asylum can be found. The purpose of the article is to review international documents to explain the status of immigrants. This research is a des MoreAccording to international law, the sources of asylum are legal documents in which the norms and legal regulations related to asylum can be found. The purpose of the article is to review international documents to explain the status of immigrants. This research is a descriptive-analytical method of library collection. The hypothesis suggests the documents often appear to be recognized as the basis for the treatment and international protection of refugees. The question of article is: can documents be recognized as the basis for the treatment and international protection of refugees? In the Universal Declaration of Human Rights, the 1951 Convention, the 1967 Protocol, and other valid international and regional documents, the right of asylum is specified, but the general system of protecting the rights of refugees is the same as the 1951 Geneva Convention and its amendment protocol. Manuscript profile -
Open Access Article
311 - A Comparative Study of Legal Vacancies in the Field of Official Document in Iran and Turkey
Kamyar Shibetzadeh Behshid Arfania Vali RostamiKamyar Shibetzadeh [1] Behshid Arfania[2] Vali Rostami[3] Abstract The present study is a comparative study of cases, origin and effects of legal vacancies in the field of official document in Iran and Turkey. According to the subject documentation presented in t MoreKamyar Shibetzadeh [1] Behshid Arfania[2] Vali Rostami[3] Abstract The present study is a comparative study of cases, origin and effects of legal vacancies in the field of official document in Iran and Turkey. According to the subject documentation presented in this research, the research method is descriptive-analytical and the method of data collection in this article is libraries. The findings of this study indicate that, in a comparative comparison between the two countries, Iran and Turkey in the field of official documents in both countries, special attention has been paid to the official document. It has led to the qualifications and powers of the editors and the performance guarantees for official document envisaged in the laws to be taken into account. In addition, the official document faces many legal vacancies in both countries. [1]- PhD student, Department of Private Law, UAE Unit, Islamic Azad University, Dubai, United Arab Emirates, notary_1023@yahoo.com [2] - Associate Professor, Department of Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran, bearfania2121@gmail.com [3] - Associate Professor, Department of Public Law, University of Tehran, Tehran, Iran, vrostami@ut.ac.ir Manuscript profile -
Open Access Article
312 - Legal Challenges of Nano-technology in International law and Iranian law: Legal Solutions
Niloofar Sadeghi Abbas Poorhashemi Ali Mashhadi Ali FaghihhabibiNanotechnology and its various applications, especially in the field of environment, not only caused the prevention and elimination of environmental pollution and environmental protection but could also lead to sustainable development. Of course, the potential dangers o MoreNanotechnology and its various applications, especially in the field of environment, not only caused the prevention and elimination of environmental pollution and environmental protection but could also lead to sustainable development. Of course, the potential dangers of some Nano-material could lead to environmental degradation or pollution. The rapid advances in Nano-technology have challenged traditional legislative regimes in both international law and national law, including in the field of the environment. The subject of this research is to investigate the legal gaps in nanotechnology, which has been done to determine the legal challenges in the use of this technology and also provide legal solutions. The present article is descriptive-analytical and finally, it has been concluded that if a coordinated effort is made between the various parts of the regulatory system at the national and international levels, it is possible to solve challenges and it can lead to the development of regulations at national and international levels. The development of new and special laws to eliminate the shortcomings of the existing regulatory system is one of the solutions. Manuscript profile -
Open Access Article
313 - A Comparative Study of the Possibility of Mitigation of Damage Resulted from Contract Violation in Iranian and English Legal Systems
fatah karimi Najad Ali Almasi Abdallah kiaeiThe differences between the Iranian and British legal systems in contravention of contractual obligations is the requirement to fulfill obligations in Iranian law and claim for damages in British law. This difference has made the claim for damages in British law more sy MoreThe differences between the Iranian and British legal systems in contravention of contractual obligations is the requirement to fulfill obligations in Iranian law and claim for damages in British law. This difference has made the claim for damages in British law more systematic and specific. Therefore, if a contract is violated, the obligee and the victim of the violation cannot watch the loss, but should avoid increasing the damage. Therefore, if the perpetrator of the damage can prove in court that the cause of the increase in damage was the result of the negligence of the injured party, this argument will be accepted. The rule of guilt of the injured party is accepted in British law and gradually in the law of France and some other countries. In this article, this issue has been examined. According to the jurisprudential principles, including the rule of action, no harm, and some legal provisions, including Article 167 of the Constitution, to what extent is the rule of guilt and mitigation of damages in violation of contractual obligations applicable in Iranian law Manuscript profile -
Open Access Article
314 - Conditions and Effects of the Ruler on Determining the Demand and its Price in Iranian and French law
Gholamreza Rostamifar Saleh Yamrali Ali akbar EsmaieliThe subject of the request and its determination can be studied in jurisprudential texts and the law of some countries such as Iran and France. Determining the claim and its price in legal claims is a very important issue that is also known as the main and basic element MoreThe subject of the request and its determination can be studied in jurisprudential texts and the law of some countries such as Iran and France. Determining the claim and its price in legal claims is a very important issue that is also known as the main and basic element of any lawsuit. Therefore, the purpose of this study is to determine the conditions and effects of determining the demand in Iranian and French law which has been studied in legal dimensions. The authors have used descriptive-analytical and library collection methods. Financial or non-financial demand, the criteria for evaluating the demand price, and the rules of demand determination are very important issues that can be examined. In French law, the demand and its determination can be considered important, and this issue is mentioned in Article 1128 of the French Civil Code, and the criterion and criterion for evaluating the demand and its price is its "tradability". Manuscript profile -
Open Access Article
315 - Investigating the Nature of Being a Matter in Employment and Administrative Contracts
Mahtab Masoomi Mostafa Seraji Khairullah Parvin Ahmad RanjbarThe purpose of this study was to investigate the nature of the matter in employment contracts. An employment contract is one of the contracts that are concluded in writing and orally. In case of change of employer, there is a possibility of disagreement over terms agree MoreThe purpose of this study was to investigate the nature of the matter in employment contracts. An employment contract is one of the contracts that are concluded in writing and orally. In case of change of employer, there is a possibility of disagreement over terms agreed with the previous employer, but there is no doubt that basic conditions of validity of contract must be observed in the employment contract. The basic hypothesis suggests that there are similarities and differences in the validity of contracts in public law and private law. The findings indicate the issue of formalization and guarantee of rights and benefits, and the need for the consent of the parties, and the non-authoritarian nature of contracts, especially in orders issued by the employer for illegitimate and illegal work. Attention to the rule of labor law has been expressed in all contracts concluded in daily interactions. Manuscript profile -
Open Access Article
316 - Exploring the Effectiveness of Development Planning with the Pathology Approach and Understanding Its Legal Status
Mahdie Saneei Kheirollah Parvin Mahdie Saneei[1] Kheirollah Parvin[2] Public economic rights have a common theme with the development of the economy. Both are inspired by the economy to nurture a flourishing humanity, emphasizing rationality. To achieve the goals of development, transparency, More Mahdie Saneei[1] Kheirollah Parvin[2] Public economic rights have a common theme with the development of the economy. Both are inspired by the economy to nurture a flourishing humanity, emphasizing rationality. To achieve the goals of development, transparency, monitoring and accountability are needed. One of its mechanisms is the rights of development planning, which is the prerequisite for achieving development goals. From the point of view of purposefulness and rationality, which require proper planning, in its field of laws and theoretical foundations, one has to ask whether development planning in Iran benefits from these elements? Then there are some uncertainties about the development. In this article, while analyzing the concept of planning and outlining its position in the legal system, the legal-economic pathology of development planning in Iran is analyzed. [1] - PhD in, Public Law, Department of Law, Faculty of Law, Theology and Political Science, Science and Research Branch, Islamic Azad University, Tehran, Iran [2] - Faculty member, Department of Public Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran: Corresponding Author Manuscript profile -
Open Access Article
317 - Foundations of Dejudicialization and its Forms in the Iranian and International Penal System
Amir Azarmanshah Tayebeh Bijani MirzaAmir Hossein Azarmanshah[1] Tayebeh Bijani Mirza[2] Abstract: Dejudicialization is one of the most important issues that have been occupying the minds of criminal law practitioners as the criminal population grows; this is because criminal prosecution is a two-wa MoreAmir Hossein Azarmanshah[1] Tayebeh Bijani Mirza[2] Abstract: Dejudicialization is one of the most important issues that have been occupying the minds of criminal law practitioners as the criminal population grows; this is because criminal prosecution is a two-way issue that deals with the rights and freedoms of individuals in society on the one hand, and with public order and security on the other. As new conditions and require­em­ents emerge, criminal law has had to comply with new human rights considerations in its proceedings, inclu­di­ng the principles governing punis­h­m­ent, those that criminal law must seek to adopt new human rights app­roa­ch­es, in accordance with these principles. There is no doubt that this issue and its requirement are not only for domestic criminal law, but also for international cri­m­in­al law. Explain that, today, the need for trial and pun­ish­m­ent of international criminals is not hidden from anyone. [1]- Ph.D. Student in Criminal Law and Criminology, Sanandaj Branch, Islamic Azad University, Sanandaj, Iran [2]-Assistant Professor, Department of Criminal Law and Criminology, Sanandaj Branch, Islamic Azad University, Sanandaj, Iran:Corresponding Author Manuscript profile -
Open Access Article
318 - A Comparative Study of Abortion in the Penal System of Iran and Sweden
hamid morovati saeed mansori ahmad shamsThe issue of fertility has always been debated in every civilized human society and has had consequences, one of which is abortion. The question is what is the criminal status of abortion in Iran and Sweden? The research hypothesis is that the legislator of the Islamic MoreThe issue of fertility has always been debated in every civilized human society and has had consequences, one of which is abortion. The question is what is the criminal status of abortion in Iran and Sweden? The research hypothesis is that the legislator of the Islamic Republic of Iran and Sweden considers the human fetus to be a human being with a respectable and protective personality who, like other human beings, has rights such as the right to life and health. Using the method of documentary and library study, the present article seeks to compare the legal system of Iran and Sweden in the field of abortion and the aim is to finally understand the quantitative and qualitative differences between the criminal laws of the two countries. The results show that abortion is a crime in Iranian and Swedish law and the offender must be punished. Manuscript profile -
Open Access Article
319 - Food Security in Iran and International Law
abas sori alimohamad falahzade Ahmad MarkazmalmiriThe purpose of this study is to investigate food security in Iran and the international legal system. Given the importance of food security in ensuring public health and the right to access it as a human right, the need for special research is inevitable. To gather data MoreThe purpose of this study is to investigate food security in Iran and the international legal system. Given the importance of food security in ensuring public health and the right to access it as a human right, the need for special research is inevitable. To gather data, the library method has been used. An efficient national system for controlling food security helps to improve nutrition and community health, to improve the food industry, to increase production and income levels. Therefore, it is probably important to improve the existing infrastructure and regulations to have an efficient food control system at the national level. Manuscript profile -
Open Access Article
320 - Prohibition of Gender Discrimination in Women's Employment in Iran(Case Study of Women in District 14 of Tehran)
Mehdi Shabannia Mansour Mahdieh HosseinabadiToday, women's participation in the expansion of social and economic activities has increased significantly, but the income gap between men and women in the labor market is one of the most important discriminations that has been accompanied by increasing women's partici MoreToday, women's participation in the expansion of social and economic activities has increased significantly, but the income gap between men and women in the labor market is one of the most important discriminations that has been accompanied by increasing women's participation in the labor market in recent years; therefore, the purpose of this study is to investigate the prohibition of gender discrimination in women's employment in Iranian law from a statistical point of view. This research is applied in terms of purpose and descriptive and survey in terms of type. The statistical population of the study consists of all women in the 14th district of Tehran. The statistical sample was determined using the Cochran's formula of 384 people. The results showed that the level of attention of politicians and influential people in the legislature to the status and rights of women, including freedom of labor and their right to employment in development programs, is low and gender discrimination in access to opportunities is one of the barriers to wom­e­n'­s freedom and employment. Manuscript profile -
Open Access Article
321 - Comparative Study of the Silence of Law in The Legal System of Iran and Islamic Countries (Afghanistan, Egypt and the Saudi Arabia)
Seyed Nooredin Heydarimanesh Abbas Sheikholeslami Mahdi Sheidaeian Seyed Nooredin Heydarimanesh[1]- Abbas Sheikholeslami[2]- Mahdi Sheidaeian[3] Abstract According to Article 167 of the Constitution, the silence of the law has been a point of contention between lawyers. In the Islamic Penal Code of 1392, jurisprudential crimi More Seyed Nooredin Heydarimanesh[1]- Abbas Sheikholeslami[2]- Mahdi Sheidaeian[3] Abstract According to Article 167 of the Constitution, the silence of the law has been a point of contention between lawyers. In the Islamic Penal Code of 1392, jurisprudential criminalization has been prescribed in some crimes. The study of the comparative rights of other Islamic countries also shows a difference of opinion between them. The main question of the research is what approach has the Iranian legislature and other Islamic countries taken towards the silence of the law in the field of criminal law? Examining the law, it seems that some countries, such as the Saudi Arabia, have accepted the Sharia rule, while others, such as Egypt, have been affected by western criminal law and the third group, like Iran and Afghanistan, is embroiled in conflict over their laws. In this study, using descriptive-analytical method, firstly, describe the current situation of the problem and then we answer the main research question by determining the gaps and taking advantage of the thinkers' opinions and examining the rules. [1] - PhD student, Qom Branch, Azad University, Qom, Iran. [2] - Associate Professor, Department of of Criminal Law and Criminology, Faculty of Law, Political Science and Foreign Languages, Mashhad Branch, Islamic Azad University, Mashhad, Iran: Corresponding Author [3] - Assistant Professor, Department of Criminal Law and Criminology, Faculty of Law, Qom International Campus, (University of Tehran), Qom, Iran Manuscript profile -
Open Access Article
322 - Necessity and effect of criminalization of non-international armed conflicts in the Statute of the International Criminal Court
Mohsen Amari Mehdi Hatami Mohammad javad jafariMohsen Amari[1], Mehdi Hatami[2]*,Mohammad Javad Jafari[3] Abstract: In this paper, the need to criminalize non-international armed conflicts and their gradual impact will be examined in a library method by using the note taking.the procedure of the Criminal C MoreMohsen Amari[1], Mehdi Hatami[2]*,Mohammad Javad Jafari[3] Abstract: In this paper, the need to criminalize non-international armed conflicts and their gradual impact will be examined in a library method by using the note taking.the procedure of the Criminal Court for the former Yugoslavia, subs­eq­u­­e­ntly, the Statute of the International Criminal Court in 1998 and the inclusion of the crimes committed in the scope of war crimes, Has led to a massive ch­a­n­ge towards the codifying of laws to these conflicts and developed. In general, the Statute of the Court exceeded the limits of the customary international law on war conflicts in significant and perceptible cases and imposes new obligations on States Parties.The article is divided into two parts; First, it examines the theoretical foundations of the law of armed conflict, and in the second part, it deals with the necessity and effect of criminalization of non-international armed conflict in the Statute of the International Criminal Court. [1].PhD Student in Public International Law, Department of Law, Faculty of Law and Political Science, Kermanshah Branch, Islamic Azad University, Kermanshah, Iran [2].Assistant Professor and member of the faculty of Law, Department of Law, Faculty of Humanities and Social Sciences, University of Kurdistan, Kurdistan, Iran, Corresponding Author [3]. Assistant Professor and Member of the Faculty of Law, Department of Law, Faculty of Law and Political Science, Kermanshah Branch, Islamic Azad University, Kermanshah, Iran Manuscript profile -
Open Access Article
323 - Evaluating the Effectiveness of In-Service Training Courses in Enhancing Staff Capacity of the Office of the Documentation and Property Administration of Qazvin Province Theme IX (Employee Empowerment) State Service Management Law
Maryam Taherkhani Naser HamidiIn this research, the effect of the implementation of in-service training courses at different levels of the Kirkpatrick model on the empowerment of the staff of the Office of the Documentation and Real Estate of Qazvin province has been investigated.Therefore, the effe MoreIn this research, the effect of the implementation of in-service training courses at different levels of the Kirkpatrick model on the empowerment of the staff of the Office of the Documentation and Real Estate of Qazvin province has been investigated.Therefore, the effect of the implementation of in-service training is used in the conceptual model of research, which is based on the Kirkpatrick and Wotten & Cameron model. were examined and experimentally tested.Required data for this research were collected through random sampling among employees and managers of the Qazvin Provincial Registration Office in a two-part questionnaire .Then, utilization statistical analysis including descriptive statistics and inferential statistics were analyzed.The results of the study indicated that the effectiveness of the implementation of training courses on empowerment of staff measurement was 0.84. In addition, the results showed that the implementation of in-service training at the reaction level, was not effective on the empowerment of the staff of the Qazvin Provincial Registration Office, but it was effective in the levels of learning (0.42) and behavior (0.33) and the measurement of this effect more has been at the level of learning .Also, the results of the research showed that the human resources demographics of the Qazvin Provincial Deeds and Registry Office are not effective from of point view of gender, organizational status, work record, and education level in employees' ability after the courses. In other words, gender, organizational status, work history and educational level did not affect the effectiveness of training on employee empowerment. Manuscript profile -
Open Access Article
324 - Identification of barriers to the implementation of 58th article of the Civil Service Management Law in order to improve the empowerment of the staffs to improve the efficiency and effectiveness of the Melli Bank
Shirin Abdoli Javad MehrabiIn this study, the barriers of 58th law of country servise management in line with staff’s empowerment to efficiency and effectiveness of Meli bank were studied. . This research is applicable, and correlational in nature of purpose, and descreiptive-fielding in pa MoreIn this study, the barriers of 58th law of country servise management in line with staff’s empowerment to efficiency and effectiveness of Meli bank were studied. . This research is applicable, and correlational in nature of purpose, and descreiptive-fielding in path. The statistical population includes all employees working in the administrative office of the Meli Bank in Qazvin that their number was 230 people. A number of 124 people from this population were selected as. A questionnaire was used to collect data. The questionnaire has two parts. The questionnaire includes 18 specific questions. The validity measured using the content validity and approved by numbers of 15 experts also internal consistency reliability was used to assess the reliability of the assay. The questionnaire was distributed among a sample of 30 experts and Cronbach's alpha coefficient and the reliability of the questionnaire organizational silence equals 0.712. The numbers of 140 questionnaires were distributed among employees that 124 questionnaires were returned and analyzed. The collected data were analyzed using descriptive statistics (frequency, mean, standard deviation) and inferential statistics (Factor analysis and Freidman test). The results indicated that environmental, organizational, managerial, personality factors are barriers to implementing of 58th service management law in Meli bank. Manuscript profile -
Open Access Article
325 - Identification of Intra-Organizational Barriers 41 of the State Service Management Law to Specialist Personnel Recruitment in Implementation of Clause
zeynab pour ghqasem jourkelayeh Ali akbar Ghahramani galozanToday, more than ever, it has become clear that the existence of wealthy material resources alone does not create a coherent, efficient and effective organization. A researcher-made questionnaire was used to measure variables. Validity of the questionnaires was confirme MoreToday, more than ever, it has become clear that the existence of wealthy material resources alone does not create a coherent, efficient and effective organization. A researcher-made questionnaire was used to measure variables. Validity of the questionnaires was confirmed by face and structural validation. For reliability measurement, the internal correlation reliability test was used to calculate the Cronbach's alpha coefficient. Screening barriers with Delphi technique and prioritizing the final barriers were done with the KYNDAL test. The results of the data analysis showed that in 32 dimensions and 8 effective dimensions, in the organizational obstacles dimension, the history of culture in the organization; in the individual dimension; the marital status; in the managerial dimension; the lack of a position of growth and learning; in the financial dimension, salary And low wages; in the dimension of work shocks; bankruptcy of the organization; in the legal-political barriers; the lack of accountability of the authorities and managers; in the aspect of job and job misalignment; the lack of physical skills among volunteers; and in the context of cultural barriers; Weaknesses in the organization have created the biggest obstacle. Manuscript profile -
Open Access Article
326 - Investigating the theoretical approach of family law and its consolidation and excellence
Fatima moosavi Mehran Sohrabzad Mohsen niazi The introduction deals with the islamic-iranian lifestyle of a model muslim woman because policies about family are in fact based on the assumptions about the role of women in the family. This research is going to clarify the theoretical approach of policy makers More The introduction deals with the islamic-iranian lifestyle of a model muslim woman because policies about family are in fact based on the assumptions about the role of women in the family. This research is going to clarify the theoretical approach of policy makers in the field of family through a content analysis of the law. As a result, the patterns of the relationship of the family and the society are to be studied within the framework of family functions and the desired patterns of family both affirmatively and figuratively. A study of family laws and emphasis on empowering and elevating it shows that from the perspective of policy makers, the educational function (children’s socialization) has been more important than the other functions of the family (such as personality establishment, economic functioning, and reproduction) and that a favorable family is a stable and efficient one where the members are playing their gender roles. The policy maker, in most cases, has taken advantage of education and culture to pave the way for implementing the formulated policies. The law of family consolidation is a clear extension of a family-oriented approach in the field of social policy making and it is also extended to the laws of the fifth phase development plan. Manuscript profile -
Open Access Article
327 - Controlling, preventing and combating violence against women in Iranian laws
Amirreza Mahmoudi Haleeh MajidiViolence against women, in addition to the harm done to the victim and its short-term and long-term effects on the lives of victims, due to the status and legal position of women in any society, has many political, economic and social consequences. Therefore, considerin MoreViolence against women, in addition to the harm done to the victim and its short-term and long-term effects on the lives of victims, due to the status and legal position of women in any society, has many political, economic and social consequences. Therefore, considering all its negative effects in various fields and consequently, the emergence of legal problems and difficulties in relation to this phenomenon, it is important to know the relevant laws regarding the control, prevention and confrontation with this problem. In this regard, this study first examines the existing laws and regulations related to combating and controlling violence against women in the relevant laws of Iran and by pointing to the existence of inflation in this area and through the challenging the existing gaps and shortcomings and lack of Necessary coordination between the legislative, executive and judicial bodies in relation to the issue and even expressing the strengths of the existing laws, has discussed the issue and has come to the conclusion that the adoption and implementation of the laws without comprehensive consideration or the adoption and implementation of the laws without paying attention to their effects not only has not helped the prevention and prevent and combat with violence against women, but also violated their rights. Manuscript profile -
Open Access Article
328 - The necessity of the legislator's intervention in the institution of Mahr in order to solve today’s social problem
Salar Sadeghi Abbasali AkbariOne of the rights established by Sharia and law to protect women is Mahr. But Mahr is not one of the pillars of permanent marriage, and even a marriage without it is valid. Heavy Mahrs are one of the legal and social problems of our society. In many cases, disproportion MoreOne of the rights established by Sharia and law to protect women is Mahr. But Mahr is not one of the pillars of permanent marriage, and even a marriage without it is valid. Heavy Mahrs are one of the legal and social problems of our society. In many cases, disproportionate and unreasonable Mahrs, instead of providing financial support to the wife and the strength of the family, are used as a tool to threaten and cause anxiety in couples and as a result shake the foundation of the family to the point that it causes the phenomenon of husband abuse. Therefore, the question is whether the government can intervene in determining the amount of Mahr according to its expediency and limit and adjust it according to a commanding rule, and in order to reduce legal and social problems, prevent disproportionate and heavy Mahrs? Accordingly, in the present article, we have come to the conclusion that the government, based on expediency and necessity, can intervene in the institution of Mahr like other legal issues that have social dimensions and seek to adjust and limit the Mahr through legislation. Manuscript profile -
Open Access Article
329 - The concept and proof of the crime of rape in Iranian jurisprudence and law
Karim Khezr Nia Abbas Ali AkbariOne of the sexual and violent crimes in Iran's criminal law, which severely damages public modesty and has a negative impact on the physical and mental health of the victim, is the crime of rape, a crime that is never under this title in Iran's criminal laws. It has not MoreOne of the sexual and violent crimes in Iran's criminal law, which severely damages public modesty and has a negative impact on the physical and mental health of the victim, is the crime of rape, a crime that is never under this title in Iran's criminal laws. It has not been recognized, but under the influence of Islamic jurisprudence, it has been criminalized as forced and involuntary adultery. In this article, using library sources, the concept of the crime of rape is explained from the perspective of Islamic jurisprudence and the doctrine of criminal law, and the legislative response and the way to prove it in the criminal process are examined. The result of the study shows that in the Islamic Penal Code approved in 2012, the most severe punishment, i.e. execution, is considered for the perpetrator of rape. In the criminal law of Iran, it is conceivable to limit the issue of rape only by a male offender against a female victim. Iran's legislator is facing many shortcomings in the issue of rape, so that many examples of the crime of rape in criminal law are silent or at least not commented on. Of course, compared to the law of 1370, the role of the judge's knowledge in proving the crime of adultery has been strengthened as one of the proofs. Manuscript profile -
Open Access Article
330 - Sociological Explanation of Law-Aversion and Affecting Factors (case study of Tehran students)
Amene Sedighian BidgoliBesides the incidence and quantity of law-aversion attitudes and behaviors of university students, definitely it is a problem which necessitatesmore serious consideration. This study seeks to determine the extent of law-aversion among the study population and what socio MoreBesides the incidence and quantity of law-aversion attitudes and behaviors of university students, definitely it is a problem which necessitatesmore serious consideration. This study seeks to determine the extent of law-aversion among the study population and what sociological factors are related to law-aversion. This research using survey and questionnaire in a sample size as 400 students in Tehran universities examined the variable and affecting factors. The findings showed that the rate of law-aversion among Tehran students is medium to low. While the average of the indicators of total religiosity, feeling of relative deprivation and feeling of inequality indicate an above-average level of these indicators among students. The results indicate that the relationship between the index of total religiosity and all its dimensions with law-aversion is relatively weak and inverse; That is, as students' religiosity increases, so does their law-aversion. Regarding the variable of relative deprivation, relationships are significant only in the individual dimension of deprivation and law-aversion. In fact, the increase in the individual dimension of the feeling of relative deprivation is in line with the increase in law-aversion among students, and that the relationship between feelings of inequality and law-aversion has not been significant. Finally, in the case of contextual variables, educational attainment and younger ages were more vulnerable. The results also suggest that policies should focus mainly on lower education and younger students. Manuscript profile -
Open Access Article
331 - Disability discourse analysis as a social issue (Emphasis on contemporary Iranian law)
Farzad Mohammadipoor Soroush Fathi Tahmuros shiriDisability and its special position in social issues has changed the attention of thinkers in this field from a "medical-oriented" to a social perspective. By looking at how and why discourses are formed, we can trace the elements of discourse and the dominant environme MoreDisability and its special position in social issues has changed the attention of thinkers in this field from a "medical-oriented" to a social perspective. By looking at how and why discourses are formed, we can trace the elements of discourse and the dominant environment of discourse as two basic issues in the emergence of any type of discourse. The purpose of this study is to investigate the discourse of disability and redefine it in contemporary Iranian law in a historical context. Also, the present study tries to explore the redefinition of the discourse of disability in the texts of contemporary Iranian law by focusing on how this discourse has changed. This study, by referring to official documents, written documents, books and articles, recognizes the historical course of the emergence and change of socio-legal and cultural discourse on "disability discourse" and, if possible, provides evidence and examples. The method of this study is mainly history-oriented and theoretically seeks to use Foucault's theory of paleontology (the study of social systems) and the "historicity" of discourse.The changes in the discourse types of disability or the writing of "protective" laws have not been achieved from them all at once in the social structure of Iran and in fact it is considered as a continuation of the process of greed and the emergence of social demands of people with disabilities. Such right-wing demands are on the one hand the result of social movements both in contemporary Iran and in a wider dimension, the product of increasing social awareness and expanding the scope of citizenship demands. Manuscript profile -
Open Access Article
332 - Analysis of the fictional characters’ Behavior in Layla and Majnun poem by Nizami Ganjavi Based on Lawrence Kohlberg theory of stages of moral development from the sociological perspective of literature .
Simin Arami Ali Dehghan@iaut Zhila Sarati Hossein HajizadehA Story especially in didactic genre, in short and brief format, away from the extra Mise-en-scène and taken from the text of life, is the best component for introducing the temperament of the literary work creator and the most effective way to prescribe moral no MoreA Story especially in didactic genre, in short and brief format, away from the extra Mise-en-scène and taken from the text of life, is the best component for introducing the temperament of the literary work creator and the most effective way to prescribe moral norms . . In the speech and behavior of the heroes of his stories, Nizami has depicted the nature and identity of an ideal human being. This feature of Nizami's works has caused the moral behavior of fictional characters to be analyzed based on one of the selected and elite contemporary moral theories of the West and the degree of conformity with its stages and levels to be evaluated. Considering the innate nature of human beings, it seems that moral issues have some common elements among human cultures and societies. But sometimes, the multiplicity of moral theories causes the moral codes to have different addresses among different nations. Research in ethical theories based on one of the richest Iranian and Islamic cultural heritages can confirm the superiority of one of these two assumptions. In this article, the moral behavior of the system people is analyzed for the first time in the framework of a scientific theory. The main goal of this research is to apply Lawrence Kohlberg's theory of moral development in the behavior of allegorical characters of Layla and Majnun poem and to answer the question of whether the moral degrees of the people in the story can be interpreted and analyzed with the theory of Kohlberg's stages of moral development. As a result of this research, nine ethical codes have been identified. that each of these codes includes several actions and implies a specific motivation and reasoning, and gives the highest status of Kohlberg's moral development to the morals of the characters in the story. This research has been compiled by the method of content analysis and description with reference to library sources based on the study of publications and books, and despite the researchers' attention to ethical issues in Layla and Majnun r, it is a completely new research and has no objective background . Manuscript profile -
Open Access Article
333 - Organized crime of women trafficking and assessment of the international law provisions orientation
Hassan MovassaghiWhen human ignored the kind and wise creator for a short moment and picked up the forbidden fruit which Satan had introduced it as the elixir of immortality, it was not assumed that humanity has placed himself in the detrimental situation and begun oppression and ignora MoreWhen human ignored the kind and wise creator for a short moment and picked up the forbidden fruit which Satan had introduced it as the elixir of immortality, it was not assumed that humanity has placed himself in the detrimental situation and begun oppression and ignorance on mankind. The goal of this research was to familiar with organized crime of women trafficking and assessment of the international law provisions in fighting with this moral issue. The research methodology was documentary and secondary analysis technique and finally, the efficacy and effectiveness of these plans examined referring to the findings. The results showed that, the modern life dream, various discriminations on women in most of human communities, lack of confidence in women and their distance from sustainable development and most importantly lack of priority of fighting with women trafficking as violations of international human rights are the reasons for increase of this violent and criminal trade in the third millennium. Manuscript profile -
Open Access Article
334 - The Relationship of Social Factors and Knowledge of Laws with Knowledge of Citizenship Rights among Rasht Citizens
Yasaman Ramazan Moghadam Vajari Mojtaba JanipourThe present study aims to investigate the relationship of social factors and knowledge of laws (legal literacy) with knowledge of citizenship rights. The research method is survey and the sampling method is the stratified random sampling. The population of the study con MoreThe present study aims to investigate the relationship of social factors and knowledge of laws (legal literacy) with knowledge of citizenship rights. The research method is survey and the sampling method is the stratified random sampling. The population of the study consisted of citizens of Rasht City among whom 328 participants were selected using Cochrane’s formula as the sample size. Findings of the research indicate that, there is a direct and significant correlation between socioeconomic status, media consumption, education, citizenship commitments, and knowledge laws with knowledge of citizenship rights. It means that with the increase in the degree of suing mass media, the level of education and knowledge of laws the level of the knowledge of citizenship rights increases. In addition with enhancing individuals’ socioeconomic statuses, the level of their knowledge of citizenship rights increases. But no significant correlation was found between gender and knowledge of citizenship rights. Also, the five variables, i.e. education, socioeconomic status, media consumption, citizenship commitments, and knowledge of laws which entered into the regression model of the research, explained 30% of the variations related to citizenship rights. Manuscript profile -
Open Access Article
335 - Examination of effective social factors on students' tendency toward enjoining righteousness in academic centers of Azerbaijan Sharghi province
Ali H ashemianfar Mehrdad MohammadianIn this research the obligation of enjoining righteousness and forbidding evil in academic centers, and the effective social factors on university students’ tendency toward righteousness were identified. For surveying the relationship between identified variables MoreIn this research the obligation of enjoining righteousness and forbidding evil in academic centers, and the effective social factors on university students’ tendency toward righteousness were identified. For surveying the relationship between identified variables and students' tendency toward righteousness, 420 students of province were selected as the statistical sample. They were selected randomly from the state, Azad and Payamnoor universities of Tabriz, Maraghe and Heris who were studying in different majors. The required information was gathered by a researcher –made questionnaire. After interviewing and gathering the data, the SPSS software was used for statistical analysis. The results of analysis show that, the students' tendency rate toward righteousness is slightly more than the average. Also, the tendency rate of Payamnoor students was more than students of Azad and state universities, and also, the tendency rate of students of human sciences was more than the students of technical-engineering and basic sciences. Moreover, the analysis show that, there is a relationship between the religious tendencies of students, their family, the performance of public organizations, the performance of executives, professors and university staff, friend or civil groups, lawful necessities, kind of university and educational field, dimensions of social-economic base of students' family, and tendency toward enjoining righteousness and forbidding evil. Manuscript profile -
Open Access Article
336 - The necessities and predictions of international law for settlement of climate change immigrants in destination
Hassan MovassaghiOld Testament writes that the man forgot obligation and commitment tohis creator for a while and lost the paradise as divine place for vicinity andmercy of the Lord and took the departure journey. However, the almightyGod forgave him and placed him in an intact and pure MoreOld Testament writes that the man forgot obligation and commitment tohis creator for a while and lost the paradise as divine place for vicinity andmercy of the Lord and took the departure journey. However, the almightyGod forgave him and placed him in an intact and pure land and did notconsent on his vagrancy. Now due to different reasons, some people leavetheir land and live homeless in the continents. Vagrancy due to globalclimate change is one of the exemplars of mass immigration enhancementwhich their resettlement has been converted to an international challenge.This research aimed at investigating the problems of climate changeimmigration and assessment of the international law regulations inresettlement of the climate change immigration. The research methodologywas documentary and secondary analysis patterns and at the end theefficiency of the implementation of these measures was investigated byfeasibility study relaying on the achievements. The findings show that, theworld countries and international association should pay attention to theresettlement of the climate change immigrants as an opportunity and notas a threat and employ mild legal solutions in comparison to other refugeesto prevent exponential increase of the environmental immigrants andrefugees and their legal and practical uncertainty. Manuscript profile -
Open Access Article
337 - Sociological analysis of factors related to law absconding of Mari van citizens’ in 93-94
Salam Azizi Latif PartoviThe paper reviews 15-64 years old Marivanian citizen's law absconding and effective social factors on it. This is a filed research and a questionnaire used to collect data. 383 of the statistical population have been chosen by Cochran formula with stratified random samp MoreThe paper reviews 15-64 years old Marivanian citizen's law absconding and effective social factors on it. This is a filed research and a questionnaire used to collect data. 383 of the statistical population have been chosen by Cochran formula with stratified random sampling and then in the next phase bye simple random sampling and they answered the questions in an interview. The results show that, the amount of law absconding is more that the average. It also shows that, the responder's absconding has a significant, negative and inverse relationship with the following variables: the social-economic situation, the amount of family member's law consideration and friend group members’ law consideration. Also, their urbanization has a significant direct relationship with the absconding according to the results. Furthermore, Men's law absconding has been appeared to be more than women's and self-employers’ more than government jobs. Multivariate regression analysis shows that, the responder's educational level, family and friend's absconding level has a significant effect on their law absconding. These variables, altogether have explained 21 percent of the absconding changings. Manuscript profile -
Open Access Article
338 - Sociological discourse analysis of negotiations of the Islamic consultative Assembly on the Family Protection Law
Noriyehn Ansareiy Hassan Sarayee Bagher Sarookhani Firouz RadThe study of the social and political history of Iran shows the importanceof the issue of women and the family for the leaders of the dominant andopposing political discourses. This study has been conducted with the aimof identifying the dominant discourses of the famil MoreThe study of the social and political history of Iran shows the importanceof the issue of women and the family for the leaders of the dominant andopposing political discourses. This study has been conducted with the aimof identifying the dominant discourses of the family in the IslamicConsultative Assembly and their sociological analysis. This study has beencarried out with the method of discourse analysis on the negotiations of theEighth Parliamentary Assembly on the topic of family protection law andits theoretical perspective is based on Agency-structure, system of action,representation and globalization theories. The results of the analysis of thetext and the analysis of the context of the negotiations show that, thediscourse's order of the parliament on the subject of "family and women"includes three discourses (fundamentalist traditionalism, moderatetraditionalism and modernist reformism), and the term "moderatetraditionalism" according to the context and social conditions and thepresence of a majority among the negotiators has been the dominateddiscourse. This discourse has been able to communicate between"fundamentalist discourse" (as the dominant discourse on political andeconomic structure) and “moderate traditionalism discourse" (as thedominant discourse on The structure of belief and social custom) andprevent the confrontation of these two (for example, on the subject oftemporary marriage). Manuscript profile -
Open Access Article
339 - Determining the Criminal Responsibility of Adults,Adolescents and Children in the Light of Criminological Data from the Perspective of Criminal Sociology
Mohsen Ashrafi Kiya Mohammad Tagi GhoharniyaThis study examined the impact of criminological data on criminalresponsibility. The criminal responsibility of adults, minors and teenagers,legal persons in the light of criminological data and the role ofcriminological studies and findings are expressed in the evoluti MoreThis study examined the impact of criminological data on criminalresponsibility. The criminal responsibility of adults, minors and teenagers,legal persons in the light of criminological data and the role ofcriminological studies and findings are expressed in the evolution ofcriminal law. Criminal law can’t justify the liability of legal personsunder the same standard of legal responsibility for individuals. Recentdevelopments in criminal responsibility were the recognition of criminalliability of legal persons. About the age of criminal responsibility foradolescents, at the end of the age of 18, the criminal liability of theperson is not complete in sanctions, but in the case of the retaliation andlimitation of a girl after the age of 9 years and the boy after 15 years offull lunar criminal liability is complete. This is an inconsistency. It ismore appropriate that the age of criminal maturity in the limitation andretaliation is higher than sanctions. Measurable performance in criminalproceedings requires that, the degree of action against crimes committedby children and adolescents be increased in line with age and theirunderstanding and accountability. With the legalization of criminologicalfindings, the law is updated in accordance with the conditions andrequirements of the community. Manuscript profile -
Open Access Article
340 - Investigating the Fundamentals and Dimensions of juridical , Legal Responsibility in Sport
Jafar Moazen_ Raziyan Elahe Medadi _Nansa Ebrahim HamzehzadehLaw science deals with all aspects of human life. Increasing the legal awareness of the sports community in order to prevent the occurrence of sports incidents. Sports rights are defined as the set of materials that clarify the legal duties and responsibilities of all t MoreLaw science deals with all aspects of human life. Increasing the legal awareness of the sports community in order to prevent the occurrence of sports incidents. Sports rights are defined as the set of materials that clarify the legal duties and responsibilities of all those involved in sports activities. In this article, in addition to the jurisprudential office, the legal in order to prevent and sport by raising the legal awareness of the sports community and informing the society about the legal consequences of the violations in the field through familiarity with the laws and jurisprudential laws Gets According to the laws of Iran and jurisprudence, in sporting activities, there will be no criminal liability with respect to related laws, but there is no reason to remove civil liability from such a person, but if there are civil liability elements in him, according to the materials contained in his civil liability law Will be responsible. In the event that the athlete's mistakes are triggered and the assailant is forced to pay the Diyah, civil and criminal liability will be mixed. Many lawyers, paragraph E, also consider Article 158 of the Islamic Penal Code of 1392 civil liability. The results of this paper have been obtained by using the documentary method and also by collecting information from the library method and studying the jurisprudential and legal texts and the regulations of the sports federations and some rules such as the legislator's permit, the act of giving and the principle of vindication. Manuscript profile -
Open Access Article
341 - The Role and Influence of Criminological Findings on the Evolution and Creation of Some Special Issues in Iranian Criminal Law
foad arabi Ali yosefzadeh mohamadreza shadmanfarCriminology is a branch of criminal science that aims to scientifically and objectively analyze the causes and factors of biological, psychological and social emergence of crime, to prevent crime and to correct and treat criminals. The legislator has influenced the form MoreCriminology is a branch of criminal science that aims to scientifically and objectively analyze the causes and factors of biological, psychological and social emergence of crime, to prevent crime and to correct and treat criminals. The legislator has influenced the formulation and adoption of related criminal laws and derived from the teachings of criminology in the field of sanctions and punitive damages, and to some extent the doctrines of criminology have entered into such laws. The purpose of this research is to investigate the role and influence of criminology findings in the development of some issues of criminal law by looking at the laws, penal provisions of Iran and familiarity with numerous criminal changes in this area. The research method in this paper is descriptive-analytical. The main question of the research is whether criminal investigations have been effective on Iranian criminal law? The results of the research show that although criminal law has affected many aspects of criminal law, due to the features of punitive punishment, qisas and diyat, and the conditions for the confirmation and execution of relevant offenses and the execution of punishment, the above-mentioned teachings No attention has been paid to Islamic theological thinkers in their efforts to institutionalize and update them in light of the achievements of the day of criminology Manuscript profile -
Open Access Article
342 - The criteria and basis of considering others as Muslim of infidel based on the comparative study of Velayat in Alkutub Alarbah and Sihah alsittah
amir mahmoodifard Javad panjepour hormoz asadikoohbadAbstract:Divine providence and Divine law are contingent to each other. One of the sources of divine law is tradition. The origin of this Islamic source is two great collections called " AL-kutub AL-Arbah" and "Sihah al-Sittah". The compilation of these two is different MoreAbstract:Divine providence and Divine law are contingent to each other. One of the sources of divine law is tradition. The origin of this Islamic source is two great collections called " AL-kutub AL-Arbah" and "Sihah al-Sittah". The compilation of these two is different. The author of the current study believes that legislation after prophet Muhammad pertains to Ahl al-Bayt , based on Shia and Sunni scientists, sensible reasons, and Quranic evidences.The expression "Twelve Successors" in the narrative books of the two sects is referred to innocent legislators that necessity in following them is one of the most basic principals that should be considered into account by all Muslims. because One Islamic criterion is the Velayat (Protectorship or Guardianship) which forms the basis for the accuracy of Islamic criteria. This criterion has been considered explicitly as an Islamic sign in the Four Books and the Six Canonical Books of Hadith whose fact confirms the necessity for the governance of the Household in various ways Manuscript profile -
Open Access Article
343 - 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
344 - nvestigation of Cyberc Robbery Punishment in Iranian Law
Seyyed Mohsen Razavi AslBy development of internet and its effect on different parts of human life, different crimes happen in this context and one of them is robbery. Internet robbery is stealing of other’s data by computer on the web and it has three special bases of robbery which are MoreBy development of internet and its effect on different parts of human life, different crimes happen in this context and one of them is robbery. Internet robbery is stealing of other’s data by computer on the web and it has three special bases of robbery which are robber, victim and stolen. The general elements are material, logical and spiritual. So this kind of robbery has no basical different with traditional robbery and the only difference is the environment and way of doing crime. So we can say that internet robbery has the same laws like traditional robbery. In Iran, There is a common and special relation between computerize robbery and internet robbery. As any internet robbery is a computerize crime but not any computerize robbery an internet kind. Evidence show that even though internet robbery is a crime but its complexity and variety made it difficult to legislate proper rules because of that only article 12 is dedicated to internet robbery and it’s very limited and silent in some cases like robbery hadd. More over in internet robbery retributory responsibility for juridical characters is possible and it’s accepted in Iran c Manuscript profile -
Open Access Article
345 - the rule of law and the multiplicity of specific legislative institutions in irans legal system
farivar khalili shojaie haneh farkish javanmir abdollahi Ebad RouhiThe victory of the Islamic Revolution of Iran and, consequently, the adoption of a new constitution adopted from Shi'i jurisprudence and, of course, the modeling of the basic laws of some Western countries, provided the basis for innovations in the legal system of Iran, MoreThe victory of the Islamic Revolution of Iran and, consequently, the adoption of a new constitution adopted from Shi'i jurisprudence and, of course, the modeling of the basic laws of some Western countries, provided the basis for innovations in the legal system of Iran, including the establishment of special institutions He pointed out that he had over many important powers, including legislating and adopting binding decisions, using jurisprudential rules including expediency, secondary and governmental rulings, justice and fairness. On the other hand, critics of the existence of these institutions, based on some reasons, including parallel work in the legislative process, inadequate religious and legal monitoring of their activities, lack of utilization of popular capacities in the selection of members and their activities, and ... the establishment and expansion of activities Such institutions are in contradiction with the concept of rule of law, which was one of the primary objectives of the establishment of the Islamic Republic of Iran. The present paper assumes that the activities of special legislative bodies, despite having some undeniable benefits and benefits, have led to some weaknesses, such as a lack of relevant laws and regulations, a lack of legal oversight and a mild basis on its application, and of all More importantly, the lack of transparency in relation to competences and legal powers actually has serious challenges with regard to the concept of the rule of law. Key words: rule of law, constitution, special legislator, velayat-e faqih Manuscript profile -
Open Access Article
346 - Guarantees of Unfair Conditions in Additional Contracts; Studying the Legal System of England and Iran
ali akbar garosi Mohammad Reza pirhadiThe Supplementary Contract is a printed and proprietary contract necessary for either party to rely on the sole authority deriving from the law or due to its bargaining power, with the aim of generating more rights and privileges and disclaiming it. And the other party MoreThe Supplementary Contract is a printed and proprietary contract necessary for either party to rely on the sole authority deriving from the law or due to its bargaining power, with the aim of generating more rights and privileges and disclaiming it. And the other party is forced to accept this predetermined order without the right to change or modify its provisions. Unfair contract is a situation where the strong side of the contract misuses its position and imposes one-sided and unbalanced conditions on the other. Although in principle the conclusion of an extension contract is based on the principle of sovereign will and indisputable approach, namely "contractual freedom", but today in the legal system of Iran and the United Kingdom, like most legal systems in the world, it has lost its former footholds. The provision and the imposition of unfair terms on Manuscript profile -
Open Access Article
347 - A Comparative Study on the Theoretical Foundations, Objectives and Practices of Compensation in Civil Liability; in Iranian, French and British Laws
Ahmad Mirzaei Garmi Alireza Lotfi Dodaran Mozaffar BashokouhThe most important purpose of civil liability is compensation, but examining the theoretical underpinnings of compensation is the introduction to the discussion of compensation for loss. However, the principle of bindingness for compensation, as one of the fundamental p MoreThe most important purpose of civil liability is compensation, but examining the theoretical underpinnings of compensation is the introduction to the discussion of compensation for loss. However, the principle of bindingness for compensation, as one of the fundamental principles of civil liability law, has been accepted in Iranian law by some jurists and legal systems, including France and the United Kingdom. However, each of the aforementioned legal systems has adopted different approaches to achieving such a goal. On the contrary, the Iranian legislator did not have a clever and systematic view of civil liability and its objectives, and has not established a coherent system, so that neither the conventional theories nor the judicial procedures in Iranian civil liability law are in line with nature of compensation. Therefore, in this article, in a descriptive-analytical and comparative approach, theoretical foundations, goals and methods of compensation are reviewed, to help establishing a proper civil liability system and remedy legal gaps in the proper implementation of the provisions on compensation in Iranian legal system. Manuscript profile -
Open Access Article
348 - Enhanced administrative requirements specified in Iran in the light of jurisprudential standards
Javad pouralliakbar haneh farkish javanmir abdollahi Arkan sharifiSpecial Administrative authorities as authorities have played a significant role in administrative litigationAnd have been widely used in areas of government activity worldwide, and in Iran for decades, these references have been established and formed , and in Iran the MoreSpecial Administrative authorities as authorities have played a significant role in administrative litigationAnd have been widely used in areas of government activity worldwide, and in Iran for decades, these references have been established and formed , and in Iran they have dealt with a variety of cases of their own jurisdiction. That is, the fact is that in many countries around the world and in Iran the number of these authorities is increasing day by day and in other words these are developing. However , it is evident that the development of the aforementioned authorities, including the need for judicial oversight of those authorities , has , on the one hand, been examined in accordance with the principles of fair trial in the light of jurisprudential standards , and it has been concluded that the development of proprietary jurisdictions without the aforementioned requirements. The administration will face many challenges . Manuscript profile -
Open Access Article
349 - Jurisprudential attitude to the role of white marriage and the place of temporary marriage in the evolution of the laws of the family system in the Islamic society
AZADEH ZEINALI masoud raei Mohammad Bagher ameriniaThe family is the most significant foundation affecting the identity and physical health of individuals in the community. The purpose of this study is to analyze the pros and cons of white marriage and to provide an alternative approach -permanent and temporary marriage MoreThe family is the most significant foundation affecting the identity and physical health of individuals in the community. The purpose of this study is to analyze the pros and cons of white marriage and to provide an alternative approach -permanent and temporary marriages- with their jurisprudential and legal implications. Cohabitation is an abnormal, illegal, illegitimate, and anti-Islamic phenomenon which has grown as white marriage between individuals. Temporary marriage has initially created a negative image, especially in the minds of women in society, but if its real causes, conditions, and benefits are examined, we find out that marriage and its existential philosophy are crucial to Islamic society. This marriage is for those who do not qualify for permanent marriage but still have physical and sexual needs.This research is a descriptive-analytical research which has attempted in a library-based way to address most of the jurisprudential and lawful aspects of white marriage and then, distinguishing these two issues is so significant. Due to lack of religious and social legitimacy despite its prevalence and negative consequences for individual and family, the necessity and the benefits of permanent and temporary marriages as alternatives in today's society are indicated. Manuscript profile -
Open Access Article
350 - The condition of fetus inheritance in Iranian law, Imamate jurisprudence and other Islamic religions
babak dojheydarlo seyyd bager seyyedi bonabiAbstract:An unborn baby still deserves to have rights and a personality. Some right such as; the right to inheritance, the right to survive, and other financial rights which are granted or endorsed for fetus, are fundamental rights. One of the main conditions for determ MoreAbstract:An unborn baby still deserves to have rights and a personality. Some right such as; the right to inheritance, the right to survive, and other financial rights which are granted or endorsed for fetus, are fundamental rights. One of the main conditions for determining the share of an embryo's inheritance is that the embryo was created before the death of the fetus. The next basic condition is being born alive of fetus, even if he/she dies immediately after birth. But when it is doubtful in which the baby was dead or alive, and there is no reason to prove it, the baby cannot inherit anything. There are differences in opinions between the jurisprudents of Islam, both the Imams and the jurists of fives Islamic religious. Some of them believe in the inheritance right of the fetus after death and some believe that living is the main condition of his/her inheritance. Also in abortion, it is accepted retribution and compensation for the killer, jurisprudents still discussing the inheritance and its extent. With the development of science and technology, new situations such as embryo development in the laboratory, artificial insemination, surrogacy, etc. are also among the most controversial issues among jurists and Lawyers. Manuscript profile -
Open Access Article
351 - Explaining the effects of diviation from the rules of Criminal Jurisprudence in Anti_ Smuggling goods and currency Act
saied atazadeh aliakbar mokhtari dastenaie mahmod gayom zadeh< p >in our Country according to the principles of 4, 72, and 96 of the constitution, the general policy in the field of legislation is based on the two principles of non_contradiction and adaption of all laws with the religious principles. That meantime based on More< p >in our Country according to the principles of 4, 72, and 96 of the constitution, the general policy in the field of legislation is based on the two principles of non_contradiction and adaption of all laws with the religious principles. That meantime based on the principle of 96 contradictory acts are doomed to failure by the guardian council and non_ conforming acts for exclusion of ((sense of contradiction )) than that usually approved by the same council. because of the generality of principle of non_contradiction, the rules of the subject of criminal law also necessarily follow this principle. principles such as the: Legality of Punishment, personal liability, the individual autonomy and proportionality of crime in accordance with the rules criminal jurisprudence, such as obscenity unstated punishment، principle of burden of sins (vizr) and rule of justice and ( al-tazir beme yarah al-hakim) in the case of litigants has been legislated in Islamic code. With authorizing the anti_smuggling goods and currency act influenced by some differentiation and paradigm of deterrence and utilitarianism, the legislator has disregarded the basic principles of criminal jurisprudence which are infact deviation from the contradiction rather than non_compliance with the most important constitutional principle that underlies the political system and with the approval of the law reffered to by the guardian council has been recognized by that council. Manuscript profile -
Open Access Article
352 - Custom and Its Position in the Principal and Jurisprudential Works of Imam Khomeini and Shahid Sadr
sajedeh rasouli Hamid Eivazy Reza RanjbarGiven the importance of custom in deriving religious rulings, especially in new issues, the study of the works of jurists in the use of custom, helps to use it better. Examining the jurisprudential and principled works of Imam Khomeini and Shahid Sadr as influential jur MoreGiven the importance of custom in deriving religious rulings, especially in new issues, the study of the works of jurists in the use of custom, helps to use it better. Examining the jurisprudential and principled works of Imam Khomeini and Shahid Sadr as influential jurists in the evolution of jurisprudence who have proved the authority of custom with strong arguments, is appropriate and worthy to prove this issue. For this purpose, the study of his argumentative and principled jurisprudential texts has been done based on the library method and content analysis and their statements have been reviewed. The main purpose of the article is to find out how they use custom in both theoretical and practical thought. . According to the above purpose, the main question of the article is how the two great jurists in their principled jurisprudential tradition have used custom within the scope of the book and tradition and whether or not they have explained and practiced custom according to their time. Have? The results of the research show that both jurists, while using custom and quoting it in many fields, consider custom beyond space and time, while believing in its authority by the shari'ah and considering the influence of time and place in jurisprudential issues. It is necessary to use the important and practical source of custom in adapting jurisprudence to the current situation and conditions in order to rationality and solve today's problems Manuscript profile -
Open Access Article
353 - Political Security of Citizens in Iranian Jurisprudence and Law and International Documents
sayed askari Hosseini Moghadam sayed ali hashemi khan abbasi mehran sharifi kelarijaniSecurity can be the most important factor in the formation of human communities. Because human beings have come together to meet their natural needs for material and mental security and have formed civil life. Situational security is based on the existence of a reasonab MoreSecurity can be the most important factor in the formation of human communities. Because human beings have come together to meet their natural needs for material and mental security and have formed civil life. Situational security is based on the existence of a reasonable and proportionate relationship between the actors' wishes to have within a political unit that ultimately gives the actors satisfaction. With the development of human societies, new horizons have been opened in the field of security and new dimensions have been added, one of which is the new dimension of "political security". Whereas some experts consider this dimension of security to be more prominent than other aspects of security. In fact, the security of the political system has always been one of the most important prerequisites for other aspects of security (personal, public, economic, social, etc.), thus being one of the most elaborate and oldest security research topics. Therefore, the issue of security, and in particular political security, is considered as one of the key components of fundamental human rights in all modern societies and has taken on the essence of human rights. This research seeks to recognize the issue of citizens' political security in Iranian jurisprudence and law as well as international documents. In this regard, in the Imamiyyah jurisprudence, the right to exercise and express political opinions is considered to be the most important statement in the political security of individuals and in other comprehensive rights and political freedoms. Manuscript profile -
Open Access Article
354 - Study of crime risk management approach from the perspectives of Imami jurisprudence, Iranian criminal law and international criminal law
جلال الدین حسانی seyedmahmoud mirkhalili Mohammadreza Nazarinejad KiashiCrime is a natural phenomenon in society and one of the approaches available against it is called the crime risk management approach. This research, which is written by descriptive-analytical method, seeks to study the position of this approach in Imami jurisprudence, I MoreCrime is a natural phenomenon in society and one of the approaches available against it is called the crime risk management approach. This research, which is written by descriptive-analytical method, seeks to study the position of this approach in Imami jurisprudence, Iranian criminal law and international criminal law. In the crime risk management approach, the risk level of each of the crime categories is assessed and the appropriate criminal responses are implemented. Discrimination, delinquency, identifying the roots of moral corruption, enjoining the good and forbidding the evil, as well as predicting severe punishments, are some of the symptoms of this approach from the perspective of jurisprudential teachings. Substantive criminal law also reflects its in the framework of grading and determining Ta'zir punishments, issuing a Ta'zir sentence in case of non-execution of Qisas, prohibiting the implementation of mercenary criminal institutions towards high-risk perpetrators, determining the aggravated qualities of crimes, etc. Criminal security agreements, specialized criminal proceedings and urgent proceedings are also the most important platforms for implementing the crime risk management approach in the formal structure of criminal law. The criminalization of major international crimes, the severe penalties in the Statute of the Court, and the African challenge of the Court are examples of this approach in the field of international criminal law. This study has found that the crime risk management approach is clearly evident in each of the domains of Imami jurisprudence, Iranian criminal law and international criminal law. Manuscript profile -
Open Access Article
355 - Analysis of the Approach of Legislative Criminal Policy to Punishment in the Criminal Law System of Iran
abbas taghvaee atefeh lorkojuri Maryam Poorbaghi shima alipoorGender is a natural factor and undeniable fact in making difference between men and women so the effect of national and international laws and regulations in the protection of criminal law system from the equality of men and women’s rights is necessary in contrast MoreGender is a natural factor and undeniable fact in making difference between men and women so the effect of national and international laws and regulations in the protection of criminal law system from the equality of men and women’s rights is necessary in contrast with adverse effect of unconventional gender discriminations. The protective approach of legislative criminal policy in some articles caused the reduction, delay or exemption from punishment focused on gender distinctions of men and women. In upcoming article with analytical and descriptive method in some crimes, determination the punishments specific to criminal men or women, reduction of the punishment of criminal women, aggravation of the punishment of criminal men in crimes against women, reduction or sometimes specific exemption of criminal men from punishment, determination of specific punishments because of operation of crimes against the parts of body or interests that specified to men or women for the sake of their natural creation is surveyed by the goal of analysis of the effect of gender on punishment. In analysis of research hypothesis based on the rate of determining the influence of gender on punishment in the field of equitable and regular arrangements of legislative criminal policy, we understand that the legislator by the attention to the role of gender in criminal or victim endeavors to adjust the punishments in criminal law system of Iran. Manuscript profile -
Open Access Article
356 - Jurisprudential Foundations Citizenship Rights in the Legal System of Iran and Islam
moslem orange mohammadtagi alavi rahim vakilzadehCitizenship rights are one of the important topics and topics that widely pay attention to justice and equality and have found a special place in social, political and legal theories. The category of "citizenship" is realized in a society when all members of t MoreCitizenship rights are one of the important topics and topics that widely pay attention to justice and equality and have found a special place in social, political and legal theories. The category of "citizenship" is realized in a society when all members of that society have all rights. Have civil and political rights, participate in various fields and take on duties and responsibilities in line with the rights they have in order to better manage the society and create order. The purpose of this article is to examine the jurisprudence foundations of "citizenship rights" in Islam and the legal system of Iran and Islam; In order to achieve this goal, in this article, it has been tried to first examine the issue from the point of view of jurisprudence foundations, and finally, apply the issue of citizenship rights in the legal system of Iran and Islam. The current research is of a qualitative type and in a library method, which will be studied and analyzed by examining legal texts and materials related to the subject. The current research is of a qualitative type and in a library method, which will be studied and analyzed by examining legal texts and materials related to the subject. Manuscript profile -
Open Access Article
357 - - Studying the nature of mahriya from the viewpoint of the scholars of the religions of Khamseh and Imam Khomeini's approach to it
maryam shabani Abolghasem Naghibi Mohammad Jafari HarandiA Dowry which is resultant of a legitimated marriage embodies a financial value. The present paper considers the nature of marriage.There are two main views among jurisprudents about the nature and challenging classification of the marriage amongst different contracts: MoreA Dowry which is resultant of a legitimated marriage embodies a financial value. The present paper considers the nature of marriage.There are two main views among jurisprudents about the nature and challenging classification of the marriage amongst different contracts: Some believe that marriage is a compensatory contract and the nature of the dowry is, also, compensatory one, whereas, some believe quite the contrary.The present paper applied descriptive-analytical method to study the marriage contract and the nature of dowry from the perspective of Imami and Sunni jurisprudents with a focus on the opinion of Imam Khomeini (RA).It was found that all the above-mentioned jurisprudents including Imam Khomeini (RA) emphasized on the financial nature of the dowry.Therefore, the views don`t challenge the nature of the dowry but the marriage such that jurisprudents believe marriage is not compensatory contract but dowry enjoys financial and economic nature. However, according to Sunni jurists, who also believe in the value and financial benefit of the dowry, marriage is a contract of compensation and, as a result, dowry is compensatory as well. The present paper discusses various rulings and cases which are emerged from the underlying attitudes.Keywords: dowry, nature of dowry, jurisprudence, law, jurisprudential nature Manuscript profile -
Open Access Article
358 - Recognition of the Usage of Customs in the Jurisprudence System
khatereh shahinfard لیلا مهرابی راد Ali TavallaeiConvention is a source of subject laws so that we can consider many cases in the social order to be consequences of the common law or convention. A review of the early Islamic texts indicates that convention has been used as evidence for some minor jurisprudence rules, MoreConvention is a source of subject laws so that we can consider many cases in the social order to be consequences of the common law or convention. A review of the early Islamic texts indicates that convention has been used as evidence for some minor jurisprudence rules, and the theologians of the 2nd century AH have used it in their jurisprudence system. The present article takes a historical approach to review some functions of conventions in the jurisprudence system. The main difference between Imamieh and the Sunnite is the qualification of conventions in jurisprudence. In Imamieh convention is vastly applied to recognize the subject of rules and determine their concepts, limits, and instances. Implied significations are sometimes based on conventional requirements, and convention is always considered worthwhile as a clue to delimitations and determinations required by the jurisprudence expert. Moreover, exploration of jurisprudence based on the common law which is connected to the age of Innocent Imam (PBUH) can be a tradition. It must be reminded that the essential rules of reasoning and contention are discovered or confirmed on the basis of common law or convention.Key words: convention, common law, Sunnite jurisprudence, Imamieh jurisprudence, general custom, special custom Manuscript profile -
Open Access Article
359 - The right to terminate the contract in jurisprudence and law
Peymane Eslami naser masuodiThe purpose of this research is to examine the right to terminate the contract in Iranian and English jurisprudence and the principles of international commercial contracts. One of the legal institutions that has been neglected in Iran's laws and has not been consi MoreThe purpose of this research is to examine the right to terminate the contract in Iranian and English jurisprudence and the principles of international commercial contracts. One of the legal institutions that has been neglected in Iran's laws and has not been considered in Iran's civil law, but has had precedents in jurisprudence, is the institution of the right to terminate a contract. This institution is different from the right of rescission or the condition of rescission and rescission of the contract and has its own characteristics and conditions that are considered in English law. The right to terminate the contract is different from the right to cancel the contract, because cancellation has a retroactive effect, but terminating the contract terminates the contract and is used to destroy a valid contract. Contrary to Iran's laws, which require the obligation to perform the obligation and the right to terminate the contract at the same time, in international documents, the obligation to perform the obligation and the right to terminate the contract are concurrent. In other words, in order for the obligee to enjoy the right to terminate the contract, it is not necessary for him to request the compulsion to fulfill the obligation and in the assumption of the excuse of the compulsion, he can terminate the contract, but only with the obligee's failure to fulfill the obligation, which is equivalent to the basic non-fulfillment of the obligation. If it is an obligation, it will have the right to terminate contract. Manuscript profile -
Open Access Article
360 - The role of experts in the field of Islamic law in the realization of administrative justice
Mohammad Habibi Faramarz AtrianIn Islamic law, the opinion of experts is widely considered and in various chapters of jurisprudence, the opinion of experts is widely cited and numerous examples of specialized issues in which it is necessary to refer to experts have been presented. According to the ev MoreIn Islamic law, the opinion of experts is widely considered and in various chapters of jurisprudence, the opinion of experts is widely cited and numerous examples of specialized issues in which it is necessary to refer to experts have been presented. According to the evolution, development and progress achieved in this regard, the proof of some issues has become very complicated and their diagnosis requires special expertise which by providing technical and specialized information, the truth of the matter becomes clear from this. It is very important to refer to experts in order to conduct research and discover the truth in many topics including criminal, legal, family and custom affairs, etc. This research aims to investigate the role of Islamic legal experts in realizing administrative justice. The findings of the research show that based on jurisprudence texts in the Civil Procedure Law and other related laws, referring to an expert and choosing an expert is subject to special systems in criminal matters, as well as Articles 448, 451, 452, 461, 463, 469 of the Islamic Penal Code. Refering to experts according to articles 83, 84, 85, 87, 88 of the procedure of public and revolutionary courts in criminal matters by inviting experts to express their opinions from a scientific and technical point of views and special information and even to attract them in The crimes of disrupting security and public order in case of non-attendance without a valid excuse have been mentioned. Manuscript profile -
Open Access Article
361 - The role of Istihab in the Issue of National Lands with Emphasis on Pastures and Related Legal Punishments
Abbas Ghasemei Hamied EivazeiThe purpose of the present research was to investigate the role of Istihab concerning the national lands with emphasis on pastures and related legal punishments. Istihab is considered as one of the widely used practical principles in the laws of the Islamic Republic of MoreThe purpose of the present research was to investigate the role of Istihab concerning the national lands with emphasis on pastures and related legal punishments. Istihab is considered as one of the widely used practical principles in the laws of the Islamic Republic of Iran, which is derived from jurisprudential inferences. Regarding this principle, it can be mentioned to deal with doubts about the ruling for certainty in the implementation of the regulations. According to the principle of acceptance, the Iranian legislator has based the legislative policy on the basis of certainty. Therefore, it is obligatory to use the above-mentioned principle regarding the application of the old ruling over the new one in times of doubt. Accordingly, in the current research, we seek to express this principle in the laws related to dealing with the usurpation of national lands and crimes against it, taking into account the possibility of a person's ownership of the claimed lands. Our method in this article is based on the library method. Manuscript profile -
Open Access Article
362 - Legal Explanation of Security Control of the Strait of Hormuz in International Law
Mahdi SalehiThe legal status of the Strait of Hormuz, considered an international strait, is affected by the rights of international waterways. The security of Iran and the region are interdependent and the international law of the seas does not accept this, except in exceptional c MoreThe legal status of the Strait of Hormuz, considered an international strait, is affected by the rights of international waterways. The security of Iran and the region are interdependent and the international law of the seas does not accept this, except in exceptional cases during armed conflict and only through inspections of ships. Findings show that the issue of sovereignty over the seas surrounding their land has long been the focus of lawyers and politicians and various theories and doctrines have been put forward. The Strait of Hormuz is of particular security importance internationally and it is the most important shipping bottleneck in the world and the countries of the region and the world depend on it for exports and imports. The most important reason for its superiority over other straits is the strategic location of the Persian Gulf. That adds to the importance of the gorge as an area with the largest proven reserves of energy and the role of the Strait of Hormuz in this strategic region as a link between the Persian Gulf and the energy transmitter of this region to the world.The purpose is to identify the role of the Strait of Hormuz in securing the Islamic Republic of Iran. The methodology of this research is descriptive-analytical and has been made available through the use of library documents and resources and the availability of books and articles.Key words: Strait of Hormuz - National Security - International Law - Persian Gulf - Islamic Republic of Iran Manuscript profile -
Open Access Article
363 - Law and Legislation in the Thought System of Imam Khomeini
Ali SheirkhaniLaw and legislation are the most important concepts in our time. Now local, national, regional and international institutions claim that they administer and direct behaviors by enacting their own laws. If that is so, then one may pose the question what is law and legisl MoreLaw and legislation are the most important concepts in our time. Now local, national, regional and international institutions claim that they administer and direct behaviors by enacting their own laws. If that is so, then one may pose the question what is law and legislation? Is religious jurisprudence is the same as law? Are Islam’s laws are fixed and unchangeable laws which are applicable in all places and times. What influences do the concepts of place and time have on law and legislation in an Islamic government? These are the questions which are set to be analyzed in the thoughts of Imam Khomeini who himself was a religious jurist and founder of Iran’s present Islamic political system. Manuscript profile -
Open Access Article
364 - Lawful-Judicial Survey of the Nature and Descriptions of Barter Contract
yasser abdi morteza nasiri morteza nasiri Morteza Shabazinia fakhroddin AsghariBarter contract is the method of conditional import of goods or services for exporting them and their exchange instead payment of foreign exchange. Based on new international trade agreements, barter agreements are not included in the jurisprudence discussion however, t MoreBarter contract is the method of conditional import of goods or services for exporting them and their exchange instead payment of foreign exchange. Based on new international trade agreements, barter agreements are not included in the jurisprudence discussion however, there is the same legal entity for the nature and description of barter trade in jurisprudence and domestic law. This article, with study in same legal entity, also refers to the jurisprudence which justifies this problem and concludes that one of the contracts listed in article 10 of the civil code is sufficient for necessary and validity of the contracts. On the other hand, with regard to the nature of barter contracts, it can be referred that descriptions such as common purpose, a composite contract, necessity, unconditional and valuable consideration as the same descriptions in barter contracts. Manuscript profile -
Open Access Article
365 - Net Marketing in Law and Jurisprudence of Iran
saeed atarzadeh mehdi jalilian adel sarikhaniNet marketing is one of the economic phenomena which has been arisen by previous decade and a plethora of discussions has been shaped in this regard. The economists’ focus is on division of this sort of marketing into salubrious and insalubrious one. In this study, fi MoreNet marketing is one of the economic phenomena which has been arisen by previous decade and a plethora of discussions has been shaped in this regard. The economists’ focus is on division of this sort of marketing into salubrious and insalubrious one. In this study, first, it is tried to introduce this set of marketing and explain the differences between salubrious and insalubrious one, then examine the salubrious one from the Fegh’s view which has been less studied before, and after that to criticize and examine salubrious net marketing sort from the Fegh’ view. Finally, the assumption that salubrious net marketing is impeccable from the Fegh’s view and can be a sort of Reward contract, and that salubrious one has miscellaneous drawbacks and is sinful and forbidden activity is established, and these two net marketing is precisely analyzed a piece from our criminal law system’s view. Manuscript profile -
Open Access Article
366 - A Research on Disposal of Money of Infidel Atheism From Shiite Perspective
abolfazl alishahiThe Respect for property is one of the major objectives that the holy legislator imposes them in which the law does not respect property for them. The basic question is if Muslim travel to the country of disbeliever, is it possible to rub his possessives because there i MoreThe Respect for property is one of the major objectives that the holy legislator imposes them in which the law does not respect property for them. The basic question is if Muslim travel to the country of disbeliever, is it possible to rub his possessives because there isn’t any respect for his possessives and seize his properties or can term less but only seize in possessives of Infidel Atheism. This research tries to study about Infidel Atheism and prove that the first principle in Islam is to respect the property of others expect the Infidel Atheism. But sure the hostile unbelievers are actually at war with Muslims and they are thinking of damage to Muslims. The author analyses this subject completely in this article. Manuscript profile -
Open Access Article
367 - Analyzing Islamic Jurists' Viewpoints About Abortion, Concerning Health of Mother and Fetus
nasrin Fatahi mohammad mousavi moghadam maryam khademiAbortion is a major social problem in the present time. If pregnancy is life-threatening for mother or fetus, can abortion be allowed? Sunni Islamic jurisprudents have different opinions about abortion before breathing spirit, but all of them believe that it is normally MoreAbortion is a major social problem in the present time. If pregnancy is life-threatening for mother or fetus, can abortion be allowed? Sunni Islamic jurisprudents have different opinions about abortion before breathing spirit, but all of them believe that it is normally unlawful after breathing the spirit. Imamiyeh Islamic jurisprudents believe that abortion without any reason is unlawful both before and after breathing the spirit. Most Islamic jurisprudents allow abortion before as well as after breathing the spirit if pregnancy is life-threatening for mother. If the fetus is malformed and its maintenance causes distress and constriction, some of the Sunni and Imamiyeh Islamic jurisprudents allow its abortion only before breathing the spirit. Manuscript profile -
Open Access Article
368 - Comparative Study of Feyz Kashani's Policy by Implementing Islamic Criminal Law
mohesen safari reza ZahraviIn the modern criminal, decriminalization is an issue that have been inevitably raised because of criminal population inflation. In the present article, the authors tried to explain this issue. In the last part of this article, the view point of Fiqh Imamiyeh has been s MoreIn the modern criminal, decriminalization is an issue that have been inevitably raised because of criminal population inflation. In the present article, the authors tried to explain this issue. In the last part of this article, the view point of Fiqh Imamiyeh has been studied and analyzed too. Manuscript profile -
Open Access Article
369 - The Role of Common Law in the Interpretation of Non-financial Rights of Couples
faezeh azimzadeh akram mohammadiThe unlimited variety and complexity of social relationship, generality and being abstract law, the necessity of disputing claims and so on are considered as a necessity to interpret the law. One of the important resources that should be considered in interpreting the r MoreThe unlimited variety and complexity of social relationship, generality and being abstract law, the necessity of disputing claims and so on are considered as a necessity to interpret the law. One of the important resources that should be considered in interpreting the rules is the custom. Family Law, more than any other areas are affected by custom and social relation. This clearly proves by referring the civil law. But it should be noted that customary law is not always valid and it needs some legal provisions to have potential to referring. In this paper, the role of custom in interpreting some rights and non-financial relationship between couples, such as good companionship with one's wife, recognizing family interests, conditional contract are examined. Manuscript profile -
Open Access Article
370 - Lawful and Judicial Rule of Equity
masoumeh mazaheri zahra aal eshaghEquity, regardless of its being a judicial principle, has two meanings: First, equality and second, conscience and morality judgment in one case. It is different from justice, Estehsan and etc. It is one of those cases that their presence make good essence and their a MoreEquity, regardless of its being a judicial principle, has two meanings: First, equality and second, conscience and morality judgment in one case. It is different from justice, Estehsan and etc. It is one of those cases that their presence make good essence and their absence follow unfavorable essence. The principle of equity can be proven by verses and tradition. Several cases of the practicality of this principle can be seen in the lives and judgments of the Immaculate. The principle of justice and equity has been used by several Jurisconsults but there is difference between equity and justice. Equity is an important concept in Roman and German systems too. In Iran, equity in not a rule and some lawyers indicate it as lawful source. Manuscript profile -
Open Access Article
371 - Jurisprudence Principles of Legitimacy of laws with Quranic Approach
Mohamamd Rasoul Ahangaran Abolhassan Haghnavaz Legitimacy is the believing that the governing authority of any given country is entitled to issue the command and citizens are obliged to abide by. Some Western scholars believe that the laws of social life can be legislated by observing the social behavi More Legitimacy is the believing that the governing authority of any given country is entitled to issue the command and citizens are obliged to abide by. Some Western scholars believe that the laws of social life can be legislated by observing the social behavior of the human being. But the Islamic jurists believe that no one can legislate other than Allah. The present article has classified Quranic evidence of arising by law to the legitimacy in five groups of verses. The first group of the verses interprets the rules needed that the community as "God's Hudud". The other introduces rules as "God's Orders". The third group envisages ruling to be only "God's bestowed". The fourth category of verses, prohibit legislation without having sufficient knowledge. And last category of the verses, envisages ruling to be special for "ulu-l-amr. Manuscript profile -
Open Access Article
372 - Reviewing Mandatory Divorce and Minor Divorce from Jurisprudence-Legal Viewpoint
Hakimeh Sadat Mehdizadeh Hossein Namazifar Mostafa Ameri SiahvoeiFrom long ago divorce has been accepted in laws and cultures with certain limits and constraints. Also in Islam divorce has got specific sentences and conditions and religious scholars have spent centuries to investigate and explain it. The fact that civil laws are deri MoreFrom long ago divorce has been accepted in laws and cultures with certain limits and constraints. Also in Islam divorce has got specific sentences and conditions and religious scholars have spent centuries to investigate and explain it. The fact that civil laws are derived from religious orders has not been ignored on the matter of divorce and includes those orders derives from jurisprudence scripts, although we sometimes observe silence and legal gaps or ambiguity in legal acts and this fact is seen throughout some cases of divorce, including mandatory divorce and minor divorce which their nature and orders have been clearly described, but the law has kept silence on determining its origin and type. For that matter and to solve problems and commentary on legal acts on this subject, reviewing from jurisprudence way and its implementation to the low has been a big help and has short its similarities and differences. This article has been edited for that purpose and acknowledges mandatory divorce as revocable and minor divorce as irrevocable. Manuscript profile -
Open Access Article
373 - 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
374 - Evaluating Juvenile Penal Code in Islamic Jurisprudence in Iran
jalalodin Ghiasi masoud heidariLimiting an exact age by presenting a determined criterion as to the beginning of the period when an under aged begins to behave like an adult and is considered as a liable person is of necessity in all legal orders, including the criminal law of the Islamic republic of MoreLimiting an exact age by presenting a determined criterion as to the beginning of the period when an under aged begins to behave like an adult and is considered as a liable person is of necessity in all legal orders, including the criminal law of the Islamic republic of Iran. Here, the issue of coming of age and being a responsible person in front of law, according to Quran verses is analyzed and compared with the legal and psychological opinions regarding the presented standards by the impeccable’s on puberty through verses in Quran specially the level of its comparison with puberty criterion and penal liability that exists in Iran which is implemented according to the ideological nature of religious laws in Iran. Manuscript profile -
Open Access Article
375 - Review of "Man Haza Maleka" in Iran's Law and Jurisprudence
mohesen razmi kaled nabiniaThe purpose of this article is detailed review of “Man Haza Malek†rule. This rule can be considered as the toy of ownership in jurisprudence and law studies. In other words, anyone can capture one who is the owner. “Hiyazah†in Jurisprudence terms means "Domin MoreThe purpose of this article is detailed review of “Man Haza Malek†rule. This rule can be considered as the toy of ownership in jurisprudence and law studies. In other words, anyone can capture one who is the owner. “Hiyazah†in Jurisprudence terms means "Domination on Something". It formed from 1.Action 2. Acquisition plans. So it can be achieved by two elements listed. In this article, the role of “Man Haza Malek†in all relevant respects is considered. This has its rules, consequences and conditions, so in this article all of them are checked according to jurisprudence and law studies. The author has tried to mention those lawful property that come into possession by “Hiyazahâ€. Manuscript profile -
Open Access Article
376 - Judicial and Lawful Approach on the Status of Natural Children
aliakbar izadifard mary mohajeriThe natural children and the legal capacity related to them has been always a matter of controversy in many legal systems. In some legal systems such as France, homogenizing the rights of legitimate and illegitimate children is sought, while in Islamic countries, partic MoreThe natural children and the legal capacity related to them has been always a matter of controversy in many legal systems. In some legal systems such as France, homogenizing the rights of legitimate and illegitimate children is sought, while in Islamic countries, particularly in Iran, the purity of parentage is the matter in legislation relating to children. This article explains the arguments for and against the homogenizing rights of illegitimate children stating that advocates argue for homogenizing of children's rights, whether legitimate or illegitimate, with an emphasis on the principle of individualization of punishment They believe that considering some deprivation for natural children, while they normally have no role in the matter is contrary to justice and anyone should not be punished for the mistakes of others. In contrast, opponents state that the abolition of the statutory deprivation for these children is not only to the detriment of families, but it would weaken the foundation of them and cause in diminution of relative interests and also in damaging the children, who come into the existence through this way. Hence, with an awareness of the adverse consequences of failure to guarantee the generation of illegal relationships outside of the families, the Islamic legislator seeks to protect the health of generations and purity of people in the community. Because, in the Islamic religion, purity of parentage is one of the main intentions, so that many of the provisions have been issued in order to protect and preserve it. Manuscript profile -
Open Access Article
377 - 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
378 - Virtue and Indecency: Are They Legal or Rational
zohreh afsharOne of the main discussions in law is to prove rational virtue and indecency. It seems that, according to rational reasons, the case of rational virtue and indecency is exclusive. There are questions in this regard as follows: Is there any natural relation between virt MoreOne of the main discussions in law is to prove rational virtue and indecency. It seems that, according to rational reasons, the case of rational virtue and indecency is exclusive. There are questions in this regard as follows: Is there any natural relation between virtue and indecency for our acts? Do they have natural value from our legislator's viewpoint? We should say that according to Muslims' viewpoint the base of all precepts is God. Their diversity of opinions only relates to precepts recognition methods. After answering these mentioned questions, the author presents questions as follows: can wisdom perceive the aspects of virtue and indecency independently? And finally what is the effect of rational virtue and indecency acceptance on affairs? In the present article, the author tries to answer these questions based on judicial viewpoints and proves that virtue and indecency are rational. And if the legislator doesn’t guide us to virtue, we understand it by our wisdom and vice versa. Manuscript profile -
Open Access Article
379 - A Study on Negative Concept in Interpretation of Legal Subjects
Hamid Masjedsaraei Zahra FeyzMoreover, that the rules of jurisprudence principles science serve Islamic jurists in inferring and finding religious judgments, they can help judges and lawyers in finding real object of legislation and in the other words, the spirit of laws. Regardless of reasoning ma MoreMoreover, that the rules of jurisprudence principles science serve Islamic jurists in inferring and finding religious judgments, they can help judges and lawyers in finding real object of legislation and in the other words, the spirit of laws. Regardless of reasoning made by acceptors and opponents of concept in principles science, this question is always posed that what is the criteria of existence or absence of negative concept in legal texts? Without doubt, finding an appropriate answer to this question will block the way of any interpretation in respect of laws and legal texts. This research has led, through considering different articles of laws that the criteria for distinguishing concept in legal texts, where there are no presumptions, is based, in addition to considering undisputed legal principles and rules, on common sense and literal regulations provided do not lead to an unreasonable meaning. Thus any unjustified and unproved analogy, comparison or generalization, is forbidden and this is the main result of this study. Manuscript profile -
Open Access Article
380 - Explaining the establishment of suspension contracts from the perspective of Iranian jurisprudence and public law
mohammadhosein Sayahi gholamali seifi Rahim SayahSome Islamic jurists consider the suspension of contracts to be invalid by arguing for rational and narrative argument and the lack of establishment of contradictions and contradictions with the dogma of contracts. Considering that the purpose of the contractors is to e MoreSome Islamic jurists consider the suspension of contracts to be invalid by arguing for rational and narrative argument and the lack of establishment of contradictions and contradictions with the dogma of contracts. Considering that the purpose of the contractors is to establish the obligation and fulfill the effects according to the contract, so by accepting the suspension in the source and joining it to the punitive contracts, structuring and denying the beginning of the suspension in the contracts and deviating from realism and denying the beginning of the suspension in the contracts. It is possible. On the other hand, those who believe in this theory by descriptive-analytical method and by inductive proof of homogeneous examples of suspension of contracts in jurisprudence and administrative law and the presentation of compelling arguments such as necessity, rationalism and thinking in the common realization of suspended contracts and jurisprudence Administrative contracts were suspended in Iranian law and its applicability formulation was considered necessary.The result is that the coherence of religious criticism is allowed to explore the utilitarian theory of "suspension of contracts in administrative law" with the homogeneous critique of the logic of jurisprudence and law in legalism by changing attitudes to civil sociology and focusing on theorizing theory In contracts based on rationalism, it is necessary to avoid superficiality and independence of the legal system of thought. Manuscript profile -
Open Access Article
381 - Semantics of Guarantor's Contract by Approach of Rejecting Conflict of Clause 698 of Civil Law and 403 of Trade Law
Raziyeh Amini Hossein Nasseri Moghadam Discussion of guarantor that appears in two levels of laws; civil law and trade law, is one of the civil essential discussions of civil jurisprudence about transferring or partnership always entails to challenges and there are jurists' differences in More Discussion of guarantor that appears in two levels of laws; civil law and trade law, is one of the civil essential discussions of civil jurisprudence about transferring or partnership always entails to challenges and there are jurists' differences in positive laws and it creates opposition among law clauses. Analyzing this subject and discovering intrinsic nature of guarantor's contract can solve conflict of these two law clauses. This article aims to solve opposition by analytical way to check great Imamiah and Sunnite jurist's ideas and evaluate reasons. In addition to rejecting consensus, one of the discussion results is this fact that reasons which Farighin presented to prove their ideas are strong and weren't established their verdicts; hence one can say that nature and essence of guarantor's contract has not suitability of charge transferring nor attachment has charge, but intrinsic necessity of this contract is creating charge; nevertheless, accepting each of these two verdicts while contracting and agreement, can be correct. From legal view, guarantor is civil discussion and its content is completed in trade law and doesn’t devote to trade law, but is complement of civil law. Manuscript profile -
Open Access Article
382 - The Effects of Principal Viva Voce and Legal Hermeneutics on Interpreting and Solving the Conflicts between the Laws of Contract of assignment and Bill of Exchange
Sadegh Amindehghan Nadi ali Diamond eBRAHIM yAGHOTIOur regulations and legal articles such as those in civil law and trade law, which were approved more than 90 years ago, were adopted from jurisprudential resources and some European countries' laws. A faithful interpretation and accurate comprehension of some of these MoreOur regulations and legal articles such as those in civil law and trade law, which were approved more than 90 years ago, were adopted from jurisprudential resources and some European countries' laws. A faithful interpretation and accurate comprehension of some of these require a minute examination of the interpretation of the texts and laws of those countries. Hermeneutics is the art of a perfect understanding of verbal and written phrases. This understanding requires not only understanding the language of the text, but also a historical knowledge. One of the incontrovertible principles of hermeneutic interpretation is that a legal text must be understood and interpreted in line with its objectives. What a lesson hermeneutics teaches us is that why we prefer one particular solution to another. Also, conformity is a part of hermeneutic argument. A judge must adapt the original meaning of a legal text with the current actual reality. From this point of view, understanding is not a reconstruction of the past affairs type but it plays some productive roles. Legal hermeneutics is productive and active provided that the rule of law is an incontrovertible principle and is given a practical effect to it. It is not practical in a society with a system of extralegal type. Even, where the law itself cedes its interpretation to one sole person, the society is derailed from a hermeneutic rail. Hermeneutics considers understanding as a joint process contributed by people. Legal interpretation outcomes through the contributions of lawyers. Hermeneutics in general and legal hermeneutics in particular is provided a breathing room to comment only where free exchange of ideas is allowed and there is guarantee for free information flow. The hermeneutics' role is to link the past to the present without giving a superior position to the original objective or the old common sense. By descriptive-analytical methods and through studying books and written resources and library research, the present dissertation studied civil and trade laws and interpreted some of their articles by legal hermeneutics. Manuscript profile -
Open Access Article
383 - 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
384 - Reinvistigating the Validity of the Unit Notice Using Wise Men Citation Method
Maryam Aqaei Bajestani Mohammad Rohani Moghadam Zahra Trahomi Unit notice, as one possible reason, has been considered from two main aspects in the language of principles. One is the proof of its validity, and the other is the determination of its domain which acceptance of validity is supposed to be more More Unit notice, as one possible reason, has been considered from two main aspects in the language of principles. One is the proof of its validity, and the other is the determination of its domain which acceptance of validity is supposed to be more important. Referring to the arguments of the Arbaa reasons as well as the methods of wise men, the scholars of the principles have argued against the theory that does not fully consider the unit notice as valid and as the trigger of notice and practice. Meanwhile, some have fully understood the implication of the verses on this issue and faced the challenges of method of wise men with the drawback of retribution by the lawyer. On the other hand, some have considered the method of the wise men as the only reason for the validity of the unit notice, and by attaching related narratives as validity from the lawyer have tried to prove the authority of unit notice. Some others, while accepting the implications of the verse of Al-Naba Surah, have considered the method of wise men as one of the reasons for the authority of the unit notice. In this paper, we will examine the integrity of the rationale for the validity of the unit notice through examining the principles and searching for the status of the wise men in proving the authority of the unit notice. Manuscript profile -
Open Access Article
385 - Investigating the security commitment of digital and software systems manufacturers in Islamic jurisprudence, Iranian and European subject laws
Seyed Mohammad Reza Hosseini Alireza mazloomrahni Alireza RajabzadehestahbanatiDigital and software systems are undoubtedly the vital force governing the information society. As it plays a huge role in the economy and employment of the society in the present era, with the expansion of its application in various aspects of life, the category of def MoreDigital and software systems are undoubtedly the vital force governing the information society. As it plays a huge role in the economy and employment of the society in the present era, with the expansion of its application in various aspects of life, the category of defects and disadvantages has also arisen in this field. And the software in Islamic jurisprudence, the subject laws of Iran and Europe" and the result is that: the obligation of safety can be obtained from the works of Islamic jurists, because their emphasis is on production without harm and such discussions can be discovered under jurisprudential rules. The presence of safe goods in the market of any countries is necessary for the health and general well-being of the citizens living in that country, therefore the right to safety and having safe digital and software systems is granted among the human rights and also the basic rights of every consumer. Considering the extreme importance of the right to safety, special attention has been paid to this right in the consumer protection laws of Iran and Europe, and various arrangements have been made to guarantee its observance by suppliers - both manufacturers and distributors. At the international level, especially in the European Union, a lot of effort has been made to realize this purpose. However, the situation in our country is somehow different and the existing regulations are not in any ways adequate to the purpose. Manuscript profile -
Open Access Article
386 - Analyzing the Bases of Rationalists' Decisions of the Existing Problems
Seyyed Mojtaba HosseinnezhadSince the most important evidence to extract the rulings is rationalists' decisions, the nature of such decisions is required to be investigated and analyzed in the scope of the existing problems. Having studied the principles of Juridical-legal reasons for rationalists MoreSince the most important evidence to extract the rulings is rationalists' decisions, the nature of such decisions is required to be investigated and analyzed in the scope of the existing problems. Having studied the principles of Juridical-legal reasons for rationalists' decision, the author tried to prove the authentication and validity of the first basis where there is no need for rational decision to be authenticated by the lawgiver. The next step was to review the results of these principles in dealing with the existing problems. There was no need for the rational decision to be authenticated by the lawgiver with respect to the first basis which seems to be the only true basis regarding the rationalists' decisions. Then there was no need for the rational decision to be authenticated by the legislator too. Manuscript profile -
Open Access Article
387 - Role of Religious Institutions in Preventing Crimes (Challenges and Solutions against it
Masoud Heydari Masoud MomeniIn the recent decades, criminal policy as a set of measures to control criminal phenomenon has been changed remarkably influenced by the approaches of law schools and theories of criminologists and its widespread concept has been taken into consideration. However, this MoreIn the recent decades, criminal policy as a set of measures to control criminal phenomenon has been changed remarkably influenced by the approaches of law schools and theories of criminologists and its widespread concept has been taken into consideration. However, this view is not unprecedented in criminal law history and it has been considered in the Islamic criminal justice especially during the reign of Imam Ali (Peace be upon him). The concordance of findings of contemporary criminologists and law schools with the viewpoints of that criminologist jurist shows this fact. His attention to the categories of prevention, rehabilitation, civil society capabilities, the principle of legality and minimal intervention of criminal law and in brief, special attention to human dignity has caused his penal policies to still meet the needs of modern human beings and to be considered as a unique policy. Therefore, regarding the peaceful coexistence of Imamiyeh criminal law with criminological theoretical data and practical experiences of criminal policy, it’s worthy that the policies of modern criminal jurisprudence follow all the accepted and emphasized principles of Islamic law system for the title “criminal policy of Islam” to be applied. Manuscript profile -
Open Access Article
388 - Reasons of Forbidding Suicide and its Place in Iran's Criminal Law
Jafar Jafarzadeh Mahmoud Ari Ali Akbar Abulhosseini Mohammad Baqer Alitabar FirozjaeiSuicide is an act which is the subject of a crime and also can be the object of a crime (victim). In other words, if the victim of murder is innocent, he himself is a murderer. In fact, suicide is a kind of murder with the unity of the killer and the victim. From the Is MoreSuicide is an act which is the subject of a crime and also can be the object of a crime (victim). In other words, if the victim of murder is innocent, he himself is a murderer. In fact, suicide is a kind of murder with the unity of the killer and the victim. From the Islam's viewpoint the suicide is forbidden. Its application in book, tradition and consensus is fixed. In Iran's criminal law, suicide does not relate to the offense. Of course, recently, according to the penal code of computer crime, some forms of computer systems which lead to suicide can be regarded as a crime and are punishable. Manuscript profile -
Open Access Article
389 - 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
390 - Comparative Analysis of Self-defense in Imami Jurisprudence and International Law
Seyyed Hossein Hosseini Zandabadi Ahamd Abedini Nad Ali Ashouri Reza AbbasianDefending is to distance and to banish. The goal of defending is to gain the physical and mental security of the community. Defending is one of the important issues of today in the field of jurisprudence and Islamic law and international law, so that the individual deal MoreDefending is to distance and to banish. The goal of defending is to gain the physical and mental security of the community. Defending is one of the important issues of today in the field of jurisprudence and Islamic law and international law, so that the individual deals with the persecution of his soul, personality and reputation. Defending in Islamic jurisprudence and international law has such conditions as the adequacy of defense with danger, military and armed aggression. These two sources are looked differently in some cases. Islam in some cases not only defines the defense as a kind of right but an obligatory duty. And the martyr is introduced as a person who is killed in the defense of privacy. However, it emphasizes the right in some contextual interpretations. The convergence and divergence of the principles of Islam with the foundations of the West begin from this point which is debatable in this study. Manuscript profile -
Open Access Article
391 - Civil Liability of Concise Cause of Medical Team in Iran's and England's law
Ali Ravanan Seyyed Mehdi Mir Dadashi Mohammad Sadeghi Ebrahim Delshad MaarefMedical team of concise cause is among the most difficult issues of jurisprudence. Legal causation relationship is of high significance and there is no clear and certain answer according to that in law systems. In Iran law, there is a special attention towards scientifi MoreMedical team of concise cause is among the most difficult issues of jurisprudence. Legal causation relationship is of high significance and there is no clear and certain answer according to that in law systems. In Iran law, there is a special attention towards scientific regulations of choice, paying to treasure, drawing rule, justice and fair rule and liability distribution and in England law, there is attention towards some theories like the rule of all or nothing and financial cooperation, damage and harm risk, simultaneous causation and extensive corporate responsibility. Concise cause in England law is of relative liability and proving the subject is of high significance. The governor proceeds to develop rules according to intrinsic and transverse regulations of law using Islamic law so that the task of courts is defined. Manuscript profile -
Open Access Article
392 - Examining the claim of entering and attracting a third party in Iranian and American law (federal)
Alireza Sotudeh ali pourjavaheri Ali Jamadi Darush BabaeEvery lawsuit has two parties, the plaintiff and the main defendant; Maybe some people like the lawyer, executor, guardian, heirs, or deputy are also involved in the lawsuit, but they actually enter the lawsuit as the main plaintiff and defendant. If other than the plai MoreEvery lawsuit has two parties, the plaintiff and the main defendant; Maybe some people like the lawyer, executor, guardian, heirs, or deputy are also involved in the lawsuit, but they actually enter the lawsuit as the main plaintiff and defendant. If other than the plaintiff and the main defendant (their dependents), another person is also a beneficiary in the lawsuit, he should enter the lawsuit under the title of "third party"; "Third-party entry" or "Third-party acquisition" will have special provisions. The results of this research showed that in Iranian law, the conditions for filing the said lawsuit are not mentioned in the legal articles related to the third-party claim. But there are two related conditions or the same origin. In order to file these lawsuits, the American legislator has provided three conditions of a common action or legal event, a common judicial or subject matter, and having an interest in the main issue to file these three lawsuits. These conditions of the American federal law are similar to the Iranian procedural law. . Regarding the third entry, the situation is slightly different. The third party cannot always be considered as a defendant, which has been proven both in Iran's civil procedure and in the American federal law. Manuscript profile -
Open Access Article
393 - The ruling on trade of Thesis from the perspective of Imami jurisprudence and Iranian law
Seyedeh Fateme Tabatabaee Faezeh SolaymaniporToday, the issue of buying and selling Thesis has spread consequences on the country's education system. Therefore, in order to solve this problem, it is necessary to collect the opinions of contemporary Jurisconsult regarding the trade of the Thesis, its obligatory sen MoreToday, the issue of buying and selling Thesis has spread consequences on the country's education system. Therefore, in order to solve this problem, it is necessary to collect the opinions of contemporary Jurisconsult regarding the trade of the Thesis, its obligatory sentence and its conditional Sentence, and its position in the subject law of Iran. In this article, by descriptive-analytical method, the results indicate that according to contemporary jurists, if according to the regulations, writing a Thesis is one of the duties of a student, it is not permissible to assign and write it for another and earning money from it. According to the verses and hadiths indicate the obligation to follow the law, the obligation of justice and fairness, the sanctity of donating sin, the sanctity of lying and the sanctity of wasting the rights of others, and the rational arguments of the obligation to maintain the system and the sanctity of disrupting it and fraud, Since it is one of the examples of transactions, therefore, the example of acquiring property is invalid, so it is also haram to seize the trade property and earn income. In Iranian law, the legislature criminalizes this under the heading of fraud Manuscript profile -
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394 - A Study of the Position of Children’s Educational Rights in Islamic Jurisprudence and Civil Law
Jvad Sarkhosh somayeh NavianOne of the children’s rights is their educational right or, in other words, their right of being provided with the means of proper education. In spite of the improvements in children’s property rights and criminal laws in Iran’s constitution, there are MoreOne of the children’s rights is their educational right or, in other words, their right of being provided with the means of proper education. In spite of the improvements in children’s property rights and criminal laws in Iran’s constitution, there are still greatly-felt shortcomings in regard to children’s educational rights. For instance, lawmakers have specified no educational rights for fetus before it is actually born as a child, and considering the after-birth period, they have solely sufficed to the application of two legal articles, namely 1178 and 1104 articles, in a vague and brief way. This is as Islam, as a religion, has not only legislated special educational rights for the fetus actually in three phases of before the marriage of parents, before conception, and before the birth of the child, but also has explained several special educational rights for the after-birth period that lawmakers should include in their child protection laws. Manuscript profile -
Open Access Article
395 - Fair Dispute Resolution in View of Jurisprudence and Law
Sayyd Kamal Hoseni javad niknejadAt the whole we talk about fairness maxims of dispute resolution in this essay. From our view and based on principles of procedure justice any dispute resolution mechanism must have three important principles: equal treatment with parties to dispute, rationality in maki MoreAt the whole we talk about fairness maxims of dispute resolution in this essay. From our view and based on principles of procedure justice any dispute resolution mechanism must have three important principles: equal treatment with parties to dispute, rationality in making decision and efficiency that this one contains access and possibility to reach to a dispute resolution and being tools for counter with procedural inequalities between parties in turn. According to access and possibility to reach to a dispute resolution parties should be able to reach to a dispute resolution mechanism. Proceeding on this method should be done by minimum costs and delay and based on the second criterion those issues making problem for parties for taking part in proceedings, which are not arisen of proceeding rules but have been created by one party inability to take part equally in process should be balanced or eliminated. Manuscript profile -
Open Access Article
396 - Jurisprudential and Legal Examination of Expediency in the Family Protection Law Approved in 2012
rahmatollah saeedighoraghani Mohammad Reza KeykhaFamily as a unit of community is in the course of changes over time; therefore, family rights must also change in the course of social transformations. This requires that some of its provisions change with an approach of expediency element which is a subcategory of wisd MoreFamily as a unit of community is in the course of changes over time; therefore, family rights must also change in the course of social transformations. This requires that some of its provisions change with an approach of expediency element which is a subcategory of wisdom decree. Relationships among family members, especially between couples, are subjects that are influenced by changes over time, and it is natural that with the evolution of the subject, relevant rules and regulations will also be changed. The family protection law encompasses a comprehensive reflection on the issues of family and undoubtedly affects the global developments and conditions of Iran more or less. Therefore, the place of expediency in the Family Protection Law approved in 2012 can be investigated in various cases concerning family laws. According to this descriptive-analytical study, this result can be stated that some of the provisions of this law can be criticized and some of them are considered as its distinctive points. The category of counseling centers is a subject of criticism, because although the goal of these centers is to create peace and reconciliation, it virtually wastes time and causes nervous pressures in couples, especially in wife. In addition to cases which are criticized, considerations of an immediate decision such as custody, caring and visiting child and alimony, which are somewhat more vulnerable cases, are distinctive and positive points of the Family Protection Law. Manuscript profile -
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397 - Juridical and Legal Investigation of Losses Caused by Negative Inflation
Farshid Rajabi Ali Akbar Izadifard Ali Akbar JahaniEconomic topics are consistently one of the most important and basic issues of any country. One of these issues is the negative inflation debate, which means reducing the general level of prices. Accordingly, once the economy of a country experiences negative inflation, MoreEconomic topics are consistently one of the most important and basic issues of any country. One of these issues is the negative inflation debate, which means reducing the general level of prices. Accordingly, once the economy of a country experiences negative inflation, there will be considerable losses for the owner of goods and capital. Additionally, this negative inflation is followed by recession and closure of factories as well as production facilities. Moreover, one of the new-found phenomena and problems of the modern world is the insurance issue and insurer companies which are developed on the basis of damage compensation principle; however, these insurer companies do not insure damages caused by negative inflation. This study aimed to investigate the legitimacy basis of damage insurance due to negative inflation, for instance generalities and absolutes of evidence, relying of wises, rubbing of criterion and law articles such as article 190 of civil code and articles 1, 4, 28 and 29 of insurance law plus other principles and rules, in order to involve these losses in the insurance contracts format. Manuscript profile -
Open Access Article
398 - The Place of Ertekaz in the Interpretation of Religious Texts, the Law of Transactions and the Principles of Islamic Jurisprudence
Hossein Andalib Mohammad Ali Heidari Ahmad Reza TavakoliThe interpretation of religious texts and the rules governing it have always been and are the important topics of linguistic knowledge, including the principles ofIslamic jurisprudence. Ertekaz in common law is one of the principles governing the interpretation of relig MoreThe interpretation of religious texts and the rules governing it have always been and are the important topics of linguistic knowledge, including the principles ofIslamic jurisprudence. Ertekaz in common law is one of the principles governing the interpretation of religious texts that plays an important and influential role in the process of deduction. Ertekaz is the initial perception of people about one thing that has penetrated the depths of their minds and thoughts, therefore; in the system of dialogue, it is considered by the parties. The main questions in this study are whether Ertekaz has a role in deducing legal- jurisprudence law or not, and whether the mujtahid necessarily pays attention to Ertekaz in common law or not. The hypothesis of this research is in view of the fact that the saint legislator speaks to the people as a law maker to guide them and also he considers their perceptions (Ertekazat) and if he does not accept that, he explicitly proclaims to prevent them from being deviated. The great jurists have repeatedly relied on this rule in the interpretation of religious texts, and they have deduced the religious judgment from this point of view. The researchers in this study tried to revive the magnificent capacities of Ertekaz through presenting its comprehensive definition and explaining its aspects. The findings of this study showed that the law of Ertekaz had effects on interpreting the religious texts, providing some law, and preventing long discussions on the principles ofIslamic jurisprudence. Manuscript profile -
Open Access Article
399 - An Investigation into the Possibility of reinforcement of Retaliation from the Point of view Of Iranian and Islamic Laws
mohammad arabshahe mohammad imami Ali NosratiThere are three kinds of death Punishments in Islamic law: Retaliation, Hadd or death ascertained execution and Tazir or not- ascertained death execution. Sometime after execution and death ratification by the physician, there appear the signs of life in the offender. T MoreThere are three kinds of death Punishments in Islamic law: Retaliation, Hadd or death ascertained execution and Tazir or not- ascertained death execution. Sometime after execution and death ratification by the physician, there appear the signs of life in the offender. The question to which this study, an analytic one is going to answer is that whether it is permissible for the judges to execute the offender in this case or not. The Islamic criminal Law of Iran following the majority of Imami jurists accepts the view that the family of the victim have the right to ask the execution of the offender due to the concept of some verses of the holy Quran and some narrations. The outcome of this study is that in the case of the retaliation it is trough but The outcome of this study is that in the case of the retaliation, it is trough but in the case of Hadd or death, ascertained execution it is not permitted when the offence is proved by his assertion, and the offender suffers the enforcement of the punishment. And Finally in the case of not- ascertained death execution it is not permitted at all due to the lack of proofs. Manuscript profile -
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400 - Position of Restitutionary Liability Theory in Jurisprudence
majid abbasi Ali Gharibeh Esmaeil Saghiri Hassan PashazadehIn Imamieh jurisprudence, the purpose of the rules of civil liability is to compensate for losses and for this reason the liability assessment criterion (wrongdoer) is based on the losses incurred to the loser. While there is a different responsibility from civil liabil MoreIn Imamieh jurisprudence, the purpose of the rules of civil liability is to compensate for losses and for this reason the liability assessment criterion (wrongdoer) is based on the losses incurred to the loser. While there is a different responsibility from civil liability that its purpose is to prevent the defendant of unjust enrichment rather than to compensate the plaintiff for loss suffered. The existence of numerous examples of this feature has led to the development of a new theory of "restitutionary liability " against civil liability in the legal system. The question now is that the basis of this theory with the purpose and the criteria, for which it was said, is capable of designing and defending in the Imam's jurisprudence? If the answer is yes which principles and rules of jurisprudence can entail the theorem? The author believes that the basics and examples of this theory are in the form of rules such as prohibition of eating another property and if it's true binding corrupt it is binding and in some topics liability, such as, risk and confiscation. Because the primary purpose of these rules is preventing of unjust enrichment and the result of using it is primarily the return of the property or its owner. This goal is more consistent with the characteristics of restitutionary liability (which is gain based), not with the indicators of civil liability that is damage based. Manuscript profile -
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401 - The Obligation Basis in Contract Law
Omid Gholamalitabar Firozjaei Jalil QanavatiIn the legal interactions of humans, a contract is made and the people obligate themselves to this contract and the decree is prohibited and deserves compensation, and due to this contract, a person committed for doing something and on the other hand, these obligations MoreIn the legal interactions of humans, a contract is made and the people obligate themselves to this contract and the decree is prohibited and deserves compensation, and due to this contract, a person committed for doing something and on the other hand, these obligations have compelling powers that are crystallized in the form of its implementation and are distinguished from ethical promises. Where does the source of obligation come from? In responding to this question, many ideas were raised that each of the opinions has many followers, including the rule of will, constraint, law, justice etc. and among them, the advocates of this theory which emphasize on intention, make the will only the source of the obligation to contract. But it does not seem that the only will of the person who usually seeks to attract personal interests is effective in this obligation and commitment, but along with this individual will, one has to pay attention to the role of the collective will of humans seeking to attract the interests of the people, and finally it is acknowledged. Manuscript profile -
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402 - Analytical Study of Severity to Proving Crimes in Fiqh Imamiyah
Soraya Moniri Rahim Vakilzadeh In spite of the fact that Islamic Sharia based the foundation of its laws and commandments on political tolerance, it emphasizes the severity in proving crimes and this is benefited as a remedy for supporting the accused and the society. In fact, Is More In spite of the fact that Islamic Sharia based the foundation of its laws and commandments on political tolerance, it emphasizes the severity in proving crimes and this is benefited as a remedy for supporting the accused and the society. In fact, Islamic Sharia tries, due to this remedy, to use the firmest reasons as positive reasons of crimes in order to, in the one hand, the vice and the ugliness which happen in the society to be hidden and reputation of people that is one of the purposes of Islamic Sharia to be reserved not to be stained and their sanctity no to be easily destroyed and their human generosity is reserved. On the other hand, the spreading corruption and ugliness are prevented in the society. It is because revealing and discovering crimes are accompanied with publishing related news. As a result, if the news about the occurrence of crimes are repeatedly published among people, the greatness of crimes are reduced and indecency and ugliness of crimes are cleared form their minds. As a result, this makes contamination to the crimes easy and simple and this is the most dangerous phenomenon which threatens the security and organization of the society. Manuscript profile -
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403 - Ali Ibn Abitaleb’s Opinion about Prescribed Punishement and its effect in Islamic Penal Code
valiollah malakoutifar Ali SarebannezhadWhen human being was bron, desire for perfection was born with him. Due to neglect of prophets' teachings some people sought their perfection in achieving material things and it resulted in profiteering from each other. Inevitably some of them became oppressor and MoreWhen human being was bron, desire for perfection was born with him. Due to neglect of prophets' teachings some people sought their perfection in achieving material things and it resulted in profiteering from each other. Inevitably some of them became oppressor and the others oppressed, then conflict between them began. Sometimes the oppressors suppose they are right and the oppressed are wrong. But continuous and ceaseless efforts of God ministers – the prophets – resulted in training eminent and outstanding humans who help people in their relations with God and expanding Justice. One of these remarkable men is the offspring of kaaba and our prophet's favorite, commader of the faithful Ali Ibn Abitaleb (PBUH), all whose life's dimensions are full of miraculous and extraordinary behaviours. Doubtlessly, criminal discussions are one of important resources in Islamic Jurisprudence. Criminal section of Islamic Jurisprudence discusses Four discussions as followings; the prescribed punishments, crimes, Blood money, and chastisement for offences. Collecting views relating to these discussions can be a good scientific wealth for authorities on Divine law. Islamic law legal views of commander of the faithful, Ali Ibn Abitaleb, is unique and miraculous; That is because he uses Quran and Tradition and also benefits from the fact that our prophet (PBOH) has prayed for him that God guide her heart for sound judgement; morever he has had a close companionship with our prophet from his childhood till he passed away; and finally, his intelligence, smartness, exactness, and his deep knowledge is unique and miraculous. Our Prophet has said "Ali is the best of you in Judgement". The above mentioned reasons show that he was better than Abubakr O'mar and O'sman in all cases and particularly in Judgement; that they sought Ali's advice in their affairs confirms this Fact. O'mar always said "if there was not Ali, O'mar died". Because of these reasons the results of these views are permanent and perpetual. Manuscript profile -
Open Access Article
404 - Feasibility Study of Limit Execution in Internet Theft
Ahmad MoradkhaniCyber theft as a new type of theft has been developed in cyberspace in recent decades. And this indicates the non-deterrence of existing laws, one of the most important factors in the weakness of the laws related to cyber theft is the knowledge of its nature and the i MoreCyber theft as a new type of theft has been developed in cyberspace in recent decades. And this indicates the non-deterrence of existing laws, one of the most important factors in the weakness of the laws related to cyber theft is the knowledge of its nature and the incorrect interpretation and explanation of the Islamic Penal Code according to Article 12 of the Computer Crimes Law. And this is while cyber theft is not much different from physical theft in terms of substance and conditions and elements of the crime. The present article uses descriptive and analytical methods of jurisprudential arguments and existing laws in the position of feasibility of enforcing the limit in cyber theft. And the answer to the question is whether the definition and conditions stated about physical theft in jurisprudence and law are applicable to computer theft? What are the reasons for those who believe that it is ta'zir? Is the condition of blasphemy and taking property in computer theft applicable? Finally, by rejecting the reasons for those who believe that it is ta'zir and presenting a reason for the full compliance of the conditions, the extent of cyber theft has been proven. Manuscript profile -
Open Access Article
405 - The rule of conditions and its application in family law
seyedabolghasem naghibi Sayed Mohammadreza ayati tooba firoozpoorAbstract The ruling of the conditions is among the various jurisprudential rules which has the base part of some rules and provisions of family law governing the whole country. Based on this rule, the couples must be commited to conditions written in marriage law texts MoreAbstract The ruling of the conditions is among the various jurisprudential rules which has the base part of some rules and provisions of family law governing the whole country. Based on this rule, the couples must be commited to conditions written in marriage law texts. The jurists have controversial idea about the validity of initial constructive additive rules. This article hs about the validity of initial, constructive additive rules. The validity of additive (Eg-haghi) rules has the seal of the Qur'anic source. In this article, while criticizing the arguments against the Sharia, the principles of jurisprudence, the legitimacy of the conditions of origin, the basis and attachment of the marriage contract, opinions, is being evaluated legally and jurisprudentially. Manuscript profile -
Open Access Article
406 - The Use of Istishab in Civil Law Distinguished by its Different Types
Abbas Arab Khazaeli Ali Reza Asgari Ahamd MoradkhaniThe subsidiary religious laws, in the sacred Islamic law, are extracted and inferred using the book (Quran), tradition, consensus (among Fokaha) and wisdom. However, it is very general in nature and no more specific details had been set from the beginning. The great muj MoreThe subsidiary religious laws, in the sacred Islamic law, are extracted and inferred using the book (Quran), tradition, consensus (among Fokaha) and wisdom. However, it is very general in nature and no more specific details had been set from the beginning. The great mujtahids and scholars of Fiqh embarked upon the problem in order to solve it. Accordingly, Istishab is considered as one of the oft-used principles in this respect. It is where a situation existing previously is presumed to be continuing at present, although there is some doubt, it presumes the continuation of the fact until the contrary is proven. For example: we know that someone was certainly alive in 1971, and was missed in 1991 when his father died. Doubt arises as to whether a man is still alive and can inherit his father's wealth? The previous certainty, in this case, is presumed to be continuing at present that he is known to have been alive. In case of doubt, on the contrary, it is assumed that he is deceased. However, by istishab, the presumption will be that the death is not proven. Because the principle of Istishab, has a privileged position in civil law and Imamieh jurisprudence. The purpose of this study was to analyze the role of Istishab in civil law and Imamieh jurisprudence. Manuscript profile -
Open Access Article
407 - Juridical Analysis with Emphasis on the Legal System of Legal Pretense of Lawful Acts
Hasan Ali Kalhor hosseinali kalhor Fatemeh SohanianDemonstration of lawful verbs is a credit and affair that is directly related to the thoughts, beliefs and morals of the people in any society whose crime, punishment or even the norm of what they know, depends on society. Of course, the Iranian legislator considers thi MoreDemonstration of lawful verbs is a credit and affair that is directly related to the thoughts, beliefs and morals of the people in any society whose crime, punishment or even the norm of what they know, depends on society. Of course, the Iranian legislator considers this behavior to be contrary to the ethical principles of the society and considers the criterion of criminalizing this behavior to be a victim of public humiliation which is in fact a disturbance of the social order of society.And, without regard to non-criminal acts, it deals with the guarantee of coercive punishment.The criminal actions is against lawful act pretending to prioritize and spend chastising capabilities and immoral act of pretending to be lawful, because necessity is not criminalized in the field of criminal law.It can be through culture and non-criminal actions and desired behavior is limited. And interest to income from the criminalization of the society will be greater than the negative effects. The legislature of the criminalization of this behavior turned from non-criminal acts, without violent criminal acts. It can be determined by culture and education of anytraining programs. Manuscript profile -
Open Access Article
408 - Jurisprudential analysis of the grounds for the criminalization of holding the satellite equipments
Vahid Zarei SHarifThe criminalization of holding the sattelite equipments is a jurisprudental challenge in the criminal policy of Islamic Republic of Iran. Various satellite applications in communications and science raise the important question whether this criminalization has a jurispr MoreThe criminalization of holding the sattelite equipments is a jurisprudental challenge in the criminal policy of Islamic Republic of Iran. Various satellite applications in communications and science raise the important question whether this criminalization has a jurisprudential justification? The two categories of legal jurisprudence agreement and opposition was investigated and verified. The result was that holding the satellite equipments is not religiously prohibited, but sometimes needed. Therefore, its criminalization in general, is forbidding the Solomon of God, closing down the path of God, violating the principle of respect for people’s property and the limits of citizenship freedom, and as a result, it is forbidden. But the use of vulgar, obscence or blasphemous, and in general, illegal use of satellite technologies by seeing, hearing, reading, etc., if not causes illegimate harm or harass to another, is religiously prohibited, but not a crime, and if it causes illegimate harm or harass to another, it is both prohibited and crime, and in other cases, it is neither unlawful nor a crime. If the effects of illegal behavior is limited in the privacy of the offender, privacy is immune of criminalization. Manuscript profile -
Open Access Article
409 - The Epistemology of Identifying Instances of the Practice of Reasonable Persons
Sajad SHahbaz GHahfarokhiThe Practice of Reasonable Persons is a universal behavior or mentality that, under identical circumstances and conditions, is adopted by erudite minds, regardless of their doctrinal and intellectual inclinations. This concept, which has gained a special status among sc MoreThe Practice of Reasonable Persons is a universal behavior or mentality that, under identical circumstances and conditions, is adopted by erudite minds, regardless of their doctrinal and intellectual inclinations. This concept, which has gained a special status among scholars of the science of jurisprudence in the past two centuries, has sparked numerous discussions regarding its legitimacy and classifications. Among the foremost jurisprudents, discrepancies can be observed regarding the identification of instances of the Practice of Reasonable Persons. Understanding these instances must be considered as an inimitable simple task. This article aims to introduce and evaluate potential methodologies for identifying instances of the Practice of Reasonable Persons. Various approaches, such as referencing foreign legal systems, uniform and model laws, general principles of law, and the opinions of parliamentary representatives, have been scrutinized in this paper. Absolute rejection or endorsement of any one of these methods is a mistake. Instead, one can utilize the culmination of all these methods as a means to identify instances of Wisdom Praxis. Manuscript profile -
Open Access Article
410 - Lawful Status of Directors in Stocks Companies of Iran & England Jurisprudence & Law
Javad NiknezhadRecognizing the lawful status of directors in companies is important for determining of director’s choices of business companies. This importance not only affects on theoretical aspect but also has effect on third persons of transaction parties and companies. Lawy MoreRecognizing the lawful status of directors in companies is important for determining of director’s choices of business companies. This importance not only affects on theoretical aspect but also has effect on third persons of transaction parties and companies. Lawyers and jurists always discuss about this issue. Based on an opinion, directors of business company are lawyers of that company but there is another opinion which says that company directors are deputy of that company and finally some jurists know directors as an element of company elements. In this article, the author analyses these opinions by referring to article 17,118,135,588 and etc and comparing them in Iran and England jurisprudence and law. Manuscript profile -
Open Access Article
411 - The Rules governing Smart Contracts in Islamic Jurisprudence and Positive Law
Seyed Ali Rabbani MousaviyanSmart contracts are computer transaction protocols to enforce contract terms. There are two objectives for smart contracts; one that satisfies the usual terms of the contract such as terms and conditions of payments, the maintenance of confidentiality and completion of MoreSmart contracts are computer transaction protocols to enforce contract terms. There are two objectives for smart contracts; one that satisfies the usual terms of the contract such as terms and conditions of payments, the maintenance of confidentiality and completion of the contract, and the other one to minimize random and intentional exceptions and the need for trusted intermediaries. Smart contracts in their internal mode are merely programmed codes that are created to facilitate the original contracts and so they are not contracts but in the external model, they are agreements that are implicitly included in the original contracts and there are contracts. The contracts in the external model are binding pursuant to the article 10 of the Iranian Civil Code and also the powers to cancel the contracts are executed to them. However, some types of these powers such as delay in payment are not possible due to the nature of the contract. Nowadays, smart contracts have many obstetrical along the way of which one of the main issues that we can name is privacy in contracts. Manuscript profile -
Open Access Article
412 - Inference of Religious Laws, and Prove of Criminal Proceeding in Conflict of Evidences: Commons and Differences
Omid Motaghi Ardakani Abolhassan Mojtahed SoleymaniIran's legislator, in 2013, for the first time provided the "conflict of evidences in prove of criminal proceeding" in some articles of Islamic Penal Code. In this respect without mention of occurrence terms, some cases of conflicts of evidences are mentioned, and MoreIran's legislator, in 2013, for the first time provided the "conflict of evidences in prove of criminal proceeding" in some articles of Islamic Penal Code. In this respect without mention of occurrence terms, some cases of conflicts of evidences are mentioned, and some measures are provided. Although this matter is applicable as the first step to formalization of this conflict, whether in occurrence term or transitional solutions, it depends on jurisprudential-legal notions about conflict of proofs of inference as the root of conflict principles. So, this research in a descriptive-analytical manner seeks to study these point of views, and their convergence or divergence against conflicts of evidences of substantiation of claim. The findings shows that required terms of this conflict, whether for inference of religious laws or on evidences of substantiation of claims are the same; however solutions need more consideration in proof of criminal claim than procedure of inference of religious laws. Manuscript profile -
Open Access Article
413 - 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
414 - A Comparative Analysis of the Rule of “Indecency of Punishment without Indictment” and the Principle of “Nescience of the law Does Not Absolve Responsibility” in the View of Imamiyeh Jurisprudence
Hamin GHanbari mohamad heidaryThe Rule of “Indecency of Punishment without issuing Indictment” and the Principle of Nescience of the Rule Does Not Absolve Responsibility” are among certain rules and principles in Imamiyeh jurisprudence and penal law. Since the application of this r MoreThe Rule of “Indecency of Punishment without issuing Indictment” and the Principle of Nescience of the Rule Does Not Absolve Responsibility” are among certain rules and principles in Imamiyeh jurisprudence and penal law. Since the application of this rule as well as its principles seem contradictory, the current research is an attempt to investigate whether the rule and the principles are contradictory or not, and then shed light on the possible relationship between them. Delving into the content of the rule and the principle, and analytical reasoning, it is concluded that unlike the principle which is subject to possible exceptions, the rule is rational and far from submission to any exception. Furthermore, studying the interpretations on the boundaries of issued and not-issued indictment, proving the necessity of instructing necessary laws and regulations, excluding non-penal responsibilities from the inclusion of the rule and analyzing the relationship between the rule and the principle, the result of the current research has shown that in the case of contradiction between them, the rule is preferred over the principles and when it is established that the indictment is not issued, nescience about the rule removes responsibility, save civil responsibilities and non-penal commitments. Manuscript profile -
Open Access Article
415 - The regularity of the implementation of the rule of Dara in the criminal policy of Islam
mohammad mirzaei mohammad reza rezvan talalablegislator explicitly mentioned this rule in articles 120 and 121 of the Islamic Penal Code, and according to the opinion of the famous jurists, it was considered applicable to all crimes. However, on the one hand, the disparity of opinions in the practical application Morelegislator explicitly mentioned this rule in articles 120 and 121 of the Islamic Penal Code, and according to the opinion of the famous jurists, it was considered applicable to all crimes. However, on the one hand, the disparity of opinions in the practical application of the rule in the judicial procedure and the lack of differentiation of the limits of this rule in conflict with other jurisprudential principles such as caution and innocence, and on the other hand, its unregulated application, which is apparently in conflict with the fundamental principles of criminal justice, including the certainty and certainty of punishments in The criminal policy of Islam is complicated, it requires checking and explaining the different angles of the rule. The result of the investigation shows that the channel of the Olad rule is in the cases of definite suspicions and a kind of validity in the eyes of the rational people, which causes the punishment to be rejected or converted into easier punishments. Emphasizing that merely proposing or citing an undocumented possibility cannot be accepted. Secondly, the application of the rule in crimes with the aspect of divine right and natural right is different and differentiated, in such a way that the application of the rule will be broad in crimes of divine right and narrow and limited in crimes of natural right. In this regard, articles 120 and 121 of the law consider any type of suspicion or doubt in any crime that does not have the aspect of natural rights (such as war, corruption, robbery, and blasphemy) as a general reason for not proving the crime. If there is no evidence to negate it", the allocation of "irrefutable suspicion" is considered to be the reason for not proving the crime, and Article 211 will also support this opinion Manuscript profile -
Open Access Article
416 - Criticism and review of the position of Islamic jurisprudence in criminal policy legislation and its relationship with Article 167 of the Constitution law
Amir Vatani Aki Esfandiar feridoun Jafari Soudabeh Rezvani This article seeks to answer these questions: what is the main challenge in the interaction of traditional jurisprudence and law in the construction and transformation of Iran's criminal policy? Also, which of the criminal justice policy governing the Islam More This article seeks to answer these questions: what is the main challenge in the interaction of traditional jurisprudence and law in the construction and transformation of Iran's criminal policy? Also, which of the criminal justice policy governing the Islamic Penal Code is more compatible with international or Islamic criteria? In order to achieve this purpose, the most important factors of tension between the changeable sharia punishments and human rights norms in Iran's criminal policy should be recognized; The means of achieving this goal is to study and research the recent developments of Iran's legal criminal policy (Islamic Penal Code, Criminal Procedure Code and several other recently approved main criminal laws) in order to measure the dominant discourse in the field of punishment. The article explains that the translationism of jurisprudence and the raw injection of jurisprudence into Iranian criminal law, the confusion in the way of adapting the laws of western countries, and the lack of foundation for the implementation of new penal institutions, are the most important manifestations of the aforementioned challenge; As the judicial criminal policy governing the Islamic Penal Code, in the realm of punishment, retribution and atonements, is based on Islamic teachings, and in punishments to an acceptable and not desirable extent, is in line with some international standards of criminal law in the direction of protecting human rights. Manuscript profile -
Open Access Article
417 - Determination of the hygienic quality of Astacus leptodactylus captured from Haft Barm lakes, Fars Province (Iran) in terms of trace metals accumulated in the product
N. Shiry A. Gholamhosseini R. Salighezadeh A. Rahbar N. Derakhshesh< p >Regards the economic potential in extensive rearing of Narrow-clawed crayfish (Astacus leptodactylus) in Haft Barm lakes, Fars Province (Iran), and considering the chain value and global marketing, we need to monitoring programs on hygienic quality of this ex More< p >Regards the economic potential in extensive rearing of Narrow-clawed crayfish (Astacus leptodactylus) in Haft Barm lakes, Fars Province (Iran), and considering the chain value and global marketing, we need to monitoring programs on hygienic quality of this export product in terms of heavy metal accumulation. For this purpose, crayfish specimens were captured with 45 total samples from three permanent lakes and transported to the laboratory. Preparing of their tail meat as the edible parts and measuring of heavy metals (Cd, Cu, Ni, Pb, and Zn) have been accomplished via the wet digestion method and atomic absorption spectroscopy (AAS), respectively. Results showed that Cd (0.004±0.003) and Zn (2.61±0.747 µg/g DW) were the minima and maximum concentrations in the tail meat of Haft Barm’s crayfish. Since the concentrations of all measured trace elements were within the permissible limits of hygienic standards (WHO and FAO) and based on health risk assessment (daily intake index), Haft Barm’s crayfish have admissible health in terms of their accumulation. Hence, daily and continuous consumption of these aquatic products by consumers has been thoroughly safe, and there is no risk for them in this regard. Manuscript profile -
Open Access Article
418 - Study and ranking the Indexes of Legal-Rightprotection policies of industrial property rights with a focus on entrepreneurship development. (Case study: Entrepreneurs of Tehran city)
emeliya ghorbani siavoshani Ali Davari Mehdi Faghihi Hessam Zand Hessami Amir Houshang FathizadehThe aim of this study was to Study and ranking the Indexes of Legal-Right protection policies of industrial property rights with a focus on entrepreneurship development. The method of this study was survey and the questionnaire was used. A sample of 100 entrepreneurs wa MoreThe aim of this study was to Study and ranking the Indexes of Legal-Right protection policies of industrial property rights with a focus on entrepreneurship development. The method of this study was survey and the questionnaire was used. A sample of 100 entrepreneurs was selected by the convenience sampling method. The results showed that among the 20 supporting components or policy, the components of the rights to compensate inventors and authors, the ease, transparency, cost reduction and speed of registration and licensing processes, and the right to file trademarks and trade names, the protection of patent patents, Establishing a system for registering, inquiring and reporting online violations and protecting copyright has the highest average. Also important are the components of support rightswere inventors, authors, ease, transparency, cost reduction and speed of registration and licensing processes and trademark rights, trade names, copyright protection (copyright), protection of trademark rights or trademark rights. By its owner, the protection of patents, the protection, acceleration and updating of physical property registration, types of assets, ease of access to loans for the reproduction of products produced, the creation of online counseling services and the ease of prosecution of offenders and robbers, and the transparency and speed of registration processes are the most important Supportive Policy Components of Protecting Industrial Property. Manuscript profile -
Open Access Article
419 - A Survey of Public Information about Civil Rights and Municipal laws ( A Case Study of People Aged 20 to 35 in Sari, Babol, Amol and Qaemshah
Jamal Mohammadi Nazanin Tabrizi -
Open Access Article
420 - On Semitopological De Morgan Residuated Lattices
Liviu-Constantin HoldonThe class of De Morgan residuated lattices was introduced by L. C. Holdon (Kybernetika 54(3):443-475, 2018), recently, many mathematicians have studied the theory of ideals or filters in De Morgan residuated lattices and some of them investigated the properties of De Mo MoreThe class of De Morgan residuated lattices was introduced by L. C. Holdon (Kybernetika 54(3):443-475, 2018), recently, many mathematicians have studied the theory of ideals or filters in De Morgan residuated lattices and some of them investigated the properties of De Morgan residuated lattices endowed with a topology. In this paper, we introduce the notion of semitopological De Morgan residuated lattice, we present some examples and by considering the notion of upsets, for any element a of a De Morgan residuated lattice L, there is a topology τa on L and we show that L endowed with the topology τa is semitopological with respect to _, ^ and ⊙, and right topological with respect to ! . Moreover, in the general case of residuated lattices we prove that L endowed with the topology τa is semitopological with respect to ⊙ and right topological with respect to ! . Finally, we obtain some of the topological aspects of this structure such as L endowed with the topology τa is a T0-space, but it is not a T1-space or Hausdorff space. Manuscript profile -
Open Access Article
421 - Investigating the Impact of Information and Communications Technology on Economic Growth and Unemployment in the Countries of the MENA Region
Abdulrahim Hashemi dizaj Davod Hamidi Amir Ali FarhangToday, information and communication technology has extensive effects on economic and social variables at the micro and macro level, among which what is most important is its impact on economic growth and the issue of employment and unemployment. The purpose of this res MoreToday, information and communication technology has extensive effects on economic and social variables at the micro and macro level, among which what is most important is its impact on economic growth and the issue of employment and unemployment. The purpose of this research is to investigate the impact of selected indicators of information and communication technology (FAVA) on the economic growth and unemployment of MENA countries. For this purpose, this research is specified and estimated based on the econometric model in the framework of panel data using fixed effects (FE) and the FGLS model for the years 2000 to 2019. The findings show that the variables of Internet penetration rate and mobile phone SIM card subscription rate have a significant positive effect on the economic growth and increase in the real per capita income of MENA countries, and on the other hand, they have a negative and significant effect on the unemployment rate of these countries; The fixed internet (and fixed telephone) subscription rate variable does not have a significant effect on the economic growth and unemployment rate of these countries. Also, according to the results, economic growth has a negative and significant effect on the unemployment rate, and Okan's law is true in these countries. Although the coefficient of calculation in this research is less than the value of Okan's calculation and this indicates the importance that the growth of GDP in MENA countries is less job-creating, which can be due to the fact that the economic growth of these countries is due to oil and natural resources. knew Therefore, it is necessary to increase the penetration rate of the Internet among the citizens of the MENA region, international institutions (World Bank, United Nations, etc.) should support the weak countries of the MENA region by granting free and low-interest loans in order to expand ICT. Because it reduces the exchange cost and has many positive external effects. Manuscript profile -
Open Access Article
422 - Effects of Power-Law Distribution and Exponential with Uniform Pressures on Vibration Behavior of Reinforced Cylindrical Shell Made of Functionally Graded Materials under Symmetric Boundary Conditions
Mohammad Reza Isvandzibaei -
Open Access Article
423 - Influence of Power Law Distribution with Pressure on the Frequencies of Supported Functionally Graded Material Cylindrical Shell with C-SL and F-SS Boundary Conditions
Mohammad Reza Isvandzibaei -
Open Access Article
424 - Investigating the type of seed explant and carbon source on optimization of in vitro production of Festuca araundinacea callus
Matin Dolati Mostafa Khoshhal Sarmast Seyyed Javad MousavizadehTall fescue is an open pollinated cool season turf grass. Micropropagation and genetic transformation of monocot species have always experienced low genetic transformation efficiency. Therefore, evaluation of explant types and carbon source in media, likely through call MoreTall fescue is an open pollinated cool season turf grass. Micropropagation and genetic transformation of monocot species have always experienced low genetic transformation efficiency. Therefore, evaluation of explant types and carbon source in media, likely through callus optimization would lead to the genetic transformation improvement which is the goal of this experiment. After surface sterilization of tall fescue seeds, different seed explants with or without embryo, have used to evaluate callus induction ability. Normal sugar, maltose and equal amount of sugar and maltose were also used as a different source of carbon in a completely randomized design with three replications. Finally, embryogenic calli, induced to produce shoots in MS media supplemented with 10 mg/L 2,4-D and 0.05 mg/L BA. The presence of embryo on explant is a necessity for callus induction. Explant without embryos which were cut differently failed to produce callus. The assessment of three carbon source during the course of multiplication under in vitro culture indicated that sucrose and maltose significantly improved total chlorophyll and carotenoid content in regenerated shoots while MS media with equal amount of both aforesaid carbon sources were not effective. The results gained in the present experiment indicated that embryo-contained cross section of seeds and using maltose was the best explant and the best carbon source for callus induction and shoot proliferation respectively. Manuscript profile -
Open Access Article
425 - Evaluating Good Urban Governance for Iranian Cities (A Case Study of Ahvaz)
Heydar Kazemi Bijan RahmaniUrban Management is a decisive factor for improving the life quality for people for which various approaches have been adopted so far. Good governance is the last approach in urban management which concentrates on participation, transparency, responsibility, law force, MoreUrban Management is a decisive factor for improving the life quality for people for which various approaches have been adopted so far. Good governance is the last approach in urban management which concentrates on participation, transparency, responsibility, law force, justifying and accountability in governing. This approach in urban management can produce the desired outputs for organizations and people. Municipality and Islamic council of Ahwaz which are the two important organizations in urban management in Ahwaz can use good governance approach in fulfilling their duties. In this article, the researchers use people’s judgment in a sample community about the performance of municipality and Islamic council to study how much compatibility exists between the performances of these public organizations with good governance principles. The researchers also use a questionnaire for collecting people’s judgment.The results of this survey showed that the average of citizens’ judgment about the consistency of municipal and city council performance with good governance values are 1.41 and 1.22. Respondents say that municipality and council performance in index of rule of law (with average 1.66) is low and in index of participation (with average 0.98) is very low. If we accept the respondents’ judgments about municipality in districts of Ahwaz municipality in this study, judgments show that the performance of municipality management in district 3 with an average of 1.26 has low compatibility with good governance values and municipality management in district 1 with an average of 0.94 has very low compatibility. Generally, the performance of municipality and council in terms of compliance with the principles of good governance, (with average of judgment about 1.31) in a range of 4 values between bad and good, is weak. Manuscript profile -
Open Access Article
426 - An Analysis of Urban Land Policies and Laws with Emphasis on Approach to Deal with Speculation in Urban Land Market (A Case Study of Tehran Metropolis)
Manizheh Lalehpour Land policy making is generally aimed at optimizing the allocation of resources in land and housing. Land buying and selling without restrictions in the market and not receiving a More Land policy making is generally aimed at optimizing the allocation of resources in land and housing. Land buying and selling without restrictions in the market and not receiving added value of land from the owner leads to the investment in the land sector and creation of the speculative demands in land and housing sector. This process causes land shortage and increase in urban land price in the process of urban development. From this point of view, the present study has focused on the laws and policies of urban land in Tehran metropolis. This study is a descriptive-analytical research, and the general method of the research is a secondary analysis. The results of this survey showed that government policies and laws in the land sector not only have not been targeted by countering the speculative approach in this sector, but have intensified the speculation in the urban land market. The ineffectiveness of the tax system in the land and housing sector, zoning rules, land differentiation and inefficiency determine the range of cities in urban comprehensive plans. Also the inability of laws to exclude or restrict the private ownership of urban land, lack of determination and efforts in local management to prepare land for new urban development, the weak performance of the government and municipalities in recycling land in urban areas, inefficient texture, are all the results of the past few decades policy making in the land and housing sector in Tehran metropolis, which in turn result in the continuation and prosperity of more speculation in land and housing sectors of the cities. Manuscript profile -
Open Access Article
427 - Metadiscourse Markers in the Abstract Sections of Persian and English Law Articles
Keihaneh, Karimi Mahboube Maleki Maryam Farnia -
Open Access Article
428 - Legislative Differences in Iran during the Constitutional Revolution and the European Period of Enlightenment
Akram Salehi Hikouyi Hossein Abadian Nemat Ahmadi NasabThis study based on the fact that the Iranian constitution had its roots in a particular culture, custom and rituals regarding the religious insights. So the major topics of this period were theological and jurisprudential debates. European Constitutional systems after MoreThis study based on the fact that the Iranian constitution had its roots in a particular culture, custom and rituals regarding the religious insights. So the major topics of this period were theological and jurisprudential debates. European Constitutional systems after centuries of in-depth discussion of the concept of rights and the necessity of modern legislation were formed, the Iranian constitution was also based on a definition of rights that appeared in a religious body which was influenced by dominant culture. The main view of this paper is that due to cultural differences, there was a difference between the Iranian constitution and other versions of constitutionalism around the world. It also attempts to show that the foundations of constitutional systems throughout the world are not necessarily the same, so it is natural that there are differences and distinctions between them. To illustrate this distinction, there has been some discussion of Rousseau's views. Manuscript profile -
Open Access Article
429 - Historical background of rebellion and repentance in Islamic government
Jafar Nasseri Mohammad hosein Nazemi ashani Alireza Salimi Seyed Alireza HosseiniRebellion is one of the most important topics of political and governmental jurisprudence in the history of Islam, the origin of which is verse 9 of surah hojorut. If two groups of Muslims fight and fight against each other, peace and reconciliation must be established MoreRebellion is one of the most important topics of political and governmental jurisprudence in the history of Islam, the origin of which is verse 9 of surah hojorut. If two groups of Muslims fight and fight against each other, peace and reconciliation must be established between them, and if one group overcomes and oppresses the other, they must rise up against the oppressor to fight the cause of God. But most jurists refer to this verse as the exclusion of obedience from the righteous Imam. According to the arguments and evidences in the era of rebellion absenteeism, there are also exiles against the Imam's successor, who is also the universal supreme leader, in other words a rebellion and an uprising and uprising, etc. Confrontation with the insurgents and the rebels is carried out by the Supreme Leader and the Islamic ruler. Based on the Alawite Book and Sire, and the Islamic state due to its importance and position from the beginning, especially during the reign of Imam Ali and the Prophet. Islam is confronted with such behaviors with the axis of the jurisdiction. Therefore, for any kind of treatment with the Outlaws, one should turn to the Prophet's function and, before taking any violent action against the Outlaws, give them guidance and guidance and answer any possible doubts. The main purpose of this article is to study the subject of rhetoric in historical and jurisprudential manner, using descriptive analytical method and library study tools. Manuscript profile -
Open Access Article
430 - The Law of Qajar Periodism and its Impact on Political and Social Situation in Iran(Constitutional Revolution)
ghorbanali najafi andarvar amirteymour rafiei mohammadkarim yosef jamaliAbstract:The reign of the Qajar kings began after the victory of Ahmad Muhammad Khan over Zand rulers and other claimants of government. The relations of power and relations prevailing in the Qajar political system were based on political power. As such, Qajar's rise to MoreAbstract:The reign of the Qajar kings began after the victory of Ahmad Muhammad Khan over Zand rulers and other claimants of government. The relations of power and relations prevailing in the Qajar political system were based on political power. As such, Qajar's rise to power must be seen as a kind of shift in power within Iran's provincial structure. The basic basis of the political power of the Qajar government, as in other periods of Iranian history, was based on tribal structure and the tribes and tribes possessed the real power of the state. In such a structure, the king of God was the shadow of God on earth and the center of political decisions. This status and characteristic of the king's extraterrestrial power led to the concentration of power, law-abiding, despotism, and authoritarianism, resulting in political underdevelopment. The conditional revolution took place in response to the king's extraterrestrial and heavenly power, but failed with the emergence of minor tyranny. In this research, we are trying to study the Qajar method, how to build the inheritance power and the absence of legal institutions in the Qajar era and its role on the political and social situation of Iran until the Constitutional era. The purpose is practical and, in the nature of research, descriptive and analytical, the data and findings are. The method of gathering data is viewing and reading through a library and archive of documents as well as searching the Internet and virtual networks. Manuscript profile -
Open Access Article
431 - A Comparative Study of the Dimensions of Refugee Property Rights in International Historical Documents and Iranian Law
Fatemeh Darvishi Mohammad Sadeghi Seyed Bagher MirabbasiThe purpose of this paper is to make a comparative study of the dimensions of refugee property rights in Iranian law and international documents, which has been done by the library method. Refugees, like other human beings, undoubtedly enjoy all the fundamental rights a MoreThe purpose of this paper is to make a comparative study of the dimensions of refugee property rights in Iranian law and international documents, which has been done by the library method. Refugees, like other human beings, undoubtedly enjoy all the fundamental rights and freedoms recognized in the human rights system. However, given the special situation and circumstances in which refugees find themselves, the enjoyment of only certain rights is of particular importance and they have special duties in accordance with those conditions. The findings of the study indicate that: The right to property is one of the issues that is emphasized in the Convention relating to the Status of Refugees, the right to acquire movable and immovable property. Article 13 of the Convention stipulates that the Contracting States shall treat refugees in relation to the acquisition of movable and immovable property and other related rights, as well as in the case of lease or other contracts relating to the ownership of movable and immovable property, to the extent possible. Foreign nationals in Iran According to the Aliens Acquisition Regulations adopted in 1327, if they want to acquire property in Iran for their residence, industry or place of business, they must submit the declarations of the registry office of the location of the property to be sent to the General Registry Office for permission. Manuscript profile -
Open Access Article
432 - Explain and Analyze the Umayyad Propaganda Approaches
Nabi Sanjabi farinaz hooshyar Naser JadidiPropaganda is one of the important areas of communication of societies , therefore, it has always been considered in different fields, including political and governmental fields in different periods . The Umayyads also used propaganda to legitimize, gain power, and mai MorePropaganda is one of the important areas of communication of societies , therefore, it has always been considered in different fields, including political and governmental fields in different periods . The Umayyads also used propaganda to legitimize, gain power, and maintain political sovereignty, especially against the Alawites (Shiites) . Advertising approaches are attention to areas and the use of various tools that are given the nature of advertising. The present study answers the question: What were the areas of Umayyad propaganda approaches? It has been done in a descriptive-analytical method and with reference to library sources. The result of this research shows that many propaganda methods were founded by Muawiyah and continued by the later caliphs. The propagandistic approaches of the Umayyads included a religious, political, emotional-psychological and economic approach that was aimed at influencing the thoughts and behavior of individuals and leading society to the goals of the Umayyads. Manuscript profile -
Open Access Article
433 - Guaranteeing enforcement of violations of international law by intellectual property rights owners; A look at historical legal sources
Pezhman Mirkarimi Seyed Bagher Mirabbasi Maryam MoradiToday, one of the most fundamental concerns of humanity is the maintenance of world peace, security and order, and international law always tries to maintain international order and peace by establishing treaties and establishing organizations. Intellectual property rig MoreToday, one of the most fundamental concerns of humanity is the maintenance of world peace, security and order, and international law always tries to maintain international order and peace by establishing treaties and establishing organizations. Intellectual property rights, which in today's world have transcended geographical boundaries due to their excessive use and have become very important internationally, have caused great scientific, cultural, artistic, exploratory and inventive changes. But he has appeared in the international arena with dual faces. On the one hand, growth follows the progress of science, industry and art, and on the other hand, it is a tool in the hands of intellectual property rights holders to violate international peace and security. There are many examples in the world today, such as the use and proliferation of weapons of mass destruction, the monopoly of the right to produce drugs and the lack of access of countries to it, which shows the violation of international peace and security by intellectual property rights holders. But what are the mechanisms by which intellectual property law and international law violate international law and, in fact, international peace and security? Examination of documents related to intellectual property rights and guarantees of their implementation shows that there is no guarantee that international property rights holders who violate international peace and security will violate international peace and security. In international law, the mechanisms provided for in international instruments, except for issuing resolutions, declarations, reporting and announcing them to other governments, do not guarantee practical implementation, Manuscript profile -
Open Access Article
434 - Examining the role of Mughira bin Sha'bah in the assimilation of Ziyad bin Ubaid's lineage to Abu Sufyan and its consequences
gholam ali salim gandomi ghafar porbakhtiar Abdolaziz MovahhedZiyad bin Ubaid was one of the three sides of the triangle of Muawiya's advisers, who only served as the secretary of Basra until the end of the caliphate of the third caliph. And as soon as Imam Ali (a.s.) entered the realm of caliphate, by raising his position, he too MoreZiyad bin Ubaid was one of the three sides of the triangle of Muawiya's advisers, who only served as the secretary of Basra until the end of the caliphate of the third caliph. And as soon as Imam Ali (a.s.) entered the realm of caliphate, by raising his position, he took the seat of the Emirate of Fars with huge sources of wealth. He was famous as one of the four famous Arab scholars, and by relying on his tact and intelligence, he was able to establish his position as one of the great powers of the region. But it didn't take long for him to achieve his long-standing dream and obtain the caliphate of Syria, with the mediation of Muawiyah's ambassador (Mughirah bin Sha'ba) and without paying attention to the advice of Imam Ali, he accepted to join Abu Sufyan's lineage and became Muawiyah's brother. And he thought that by accepting this annexation, he would soon be in the first circle of the rivals of Velayat Ahadi. But in the end, not only did he not reach the government of Syria, but his early death before the caliph also paved the way for Yazid's fiefdom. In this article, the researcher raises the question that what was the effect of great thought and motivation in the formation and advancement of the assimilation process and the role of the other party in . Manuscript profile -
Open Access Article
435 - Identifying the Determinants of Corruption: An Application of Instrumental Variable Bayesian Model Averaging
Safoora Kashefi Mohsen Mehrara Ghahraman AbdoliAbstractPrevious studies in the corruption literature have introduced numerous variables as the determinants of corruption. This articles aims to evaluate the robustness of potential determinants of corruption by addressing the model uncertainty and endogeneitry. The re MoreAbstractPrevious studies in the corruption literature have introduced numerous variables as the determinants of corruption. This articles aims to evaluate the robustness of potential determinants of corruption by addressing the model uncertainty and endogeneitry. The results derived from an instrumental variable Bayesian model averaging analysis indicate that based on the data of 123 countries, rule of law, with a posterior inclusion probability (PIP) of 1 and posterior mean of 0.662 has the most important role in keeping corruption under control among 36 explanatory variables. Government effectiveness, with a PIP of 0.964 and posterior mean of 0.358 is another significant variable in curbing corruption. Also, with a PIP of 0.965 and posterior mean of -0.194 the Asia dummy variable tells that corruption is a serious problem in the Asia region. Further, confining the analysis to 95 developing countries reveals that rule of law with a PIP of 0.999 and posterior mean of 0.684 is the most critical variable in the fight against corruption. Manuscript profile -
Open Access Article
436 - Price Index Convergence in Iran Provinces
Kiumars shahbazi Frooz fallahi Amir GholamiLower level of trade and non-trade barriers between different regions of a country raises the possibility of purchasing power parity theory and the law of one price within an intra-national context. Of course, it is possible due to economic and geographical conditions, MoreLower level of trade and non-trade barriers between different regions of a country raises the possibility of purchasing power parity theory and the law of one price within an intra-national context. Of course, it is possible due to economic and geographical conditions, the prices also be affected by local shocks. Therefore, it leads to the question "whether there is price convergence between different provinces and if any local shocks, what will be the half-life of convergence of provincial price indices? In this paper, we examine the convergence of the consumer price index across Iran provinces using panel unit root test and monthly data during 2002-2011. The results indicate that the convergence of provinces price indices depends on the choice of the numéraire province and by deviations from the law of one price based on a local shock, the convergence of half-life would be about 1.5 years. Manuscript profile -
Open Access Article
437 - A clarif ication of vague point in a canto from Nezami Ganjay‟s Sharafname focusing on Kurdish language evidences
seyed ahmad parsa habibolah salimiNezami Gandzhaee (passed away in 1206 CE) uses the word “Wine” in one of the verses of Sharafnameh to give us some explanation in order to clarify its meaning and to avoid making a mistake between its genuine and figurative meaning and then he refers to this MoreNezami Gandzhaee (passed away in 1206 CE) uses the word “Wine” in one of the verses of Sharafnameh to give us some explanation in order to clarify its meaning and to avoid making a mistake between its genuine and figurative meaning and then he refers to this verse 6 “If I‟e drunk wine, what God has allowed is unlawful to me.” Since it‟ been emphasized in several cases in Holy Koran, such as Maedeh Sorah, verses 87, 88, that no one must make something unlawful for himself while God has allowed it, also considered that Nezami was a Moslem poet who acquainted with Islamic Mysticism and was a believer in Koran and Islamic culture. This question arises that what he meant by expressing this issue? In addition, what has been its origin? This study tries to answer this question and similar questions by researching Koran interpretations, religious jurisprudence and investigating Persian Literature.The research method is descriptive and the conclusion will be analyzed by library and documentary researching techniques. The conclusion shows no contrast between Nezami‟s view and Koran verses.In fact, this idea was a catchphrase used for taking an oath; it has been common among Iranian in the sixth century, and still it used in some western parts of Iran Manuscript profile -
Open Access Article
438 - Investigation of Parameters Effect Resin Movement Velocity at Vacuum Assisted Resin Transfer Molding Method (VARTM)
Sajad Rajabi Jalal Mohammad Golzar -
Open Access Article
439 - Analysis of Rulings on Digital Currency Transactions from the Point of View of the Islamic Jurists Centered on Ayatollah Khamenei's Point of View
Seyyed Hesamoddin Rafiee Tabatabaei Motahhare Sadat Rafiee Tabatabaei Fateme NargesiNowadays in the Islamic Republic of Iran, like other Islamic countries, there is a lot of discussion about sales and purchase of digital currencies and cryptocurrencies (cryptocurrencies). This phenomenon was first introduced to the public in late 2008. At present, alth MoreNowadays in the Islamic Republic of Iran, like other Islamic countries, there is a lot of discussion about sales and purchase of digital currencies and cryptocurrencies (cryptocurrencies). This phenomenon was first introduced to the public in late 2008. At present, although the sales and purchase of such currencies is also common in the Islamic Republic of Iran, we still face challenges and ambiguities regarding the legal status of transactions of these currencies. Obviously, in this regard, as well as many new issues in society, commentary by scholars of relevant sciences can have the greatest and most effective contribution in shaping the image and future frameworks related to the subject. Undoubtedly, one of the most important of such contributions is the comments of Islamic scholars and jurists. Most Islamic jurists and authorities either based on fatwas or caution favor prohibition of trade of digital currency. On the other hand, some authorities, including Ayatollah Khamenei, the Supreme Leader of the Islamic Revolution of Iran, have allowed it as a pioneer if it does not contradict the current laws of the country. Therefore, in this article, employing a descriptive method, we will examine the Shari'a ruling on the transaction of digital currencies and some related variables, focusing on Ayatollah Khamenei's point of view. Manuscript profile -
Open Access Article
440 - Challenges of the Application of International Humanitarian Law in Cyber Warfare
Hasan movassaghiLooking at war from any angle, we will find it a terrible and violent phenomenon. At the same time, throughout the history, wars and armed conflicts have happened thousands of times and will happen in the future, and humanity cannot escape from it. But, they can be rule MoreLooking at war from any angle, we will find it a terrible and violent phenomenon. At the same time, throughout the history, wars and armed conflicts have happened thousands of times and will happen in the future, and humanity cannot escape from it. But, they can be ruled by law and morality, so that wars, which in fact represent conflict of interests, do not turn into savagery and crime. As we witness in the third millennium, the nature and form of warfare is nowadays changing, and this falls under the rules of the international armed conflicts as such that is stipulated under The Tallinn Manual 1 & 2 by the NATO. The research method in this research is descriptive-analytical and the results of the research confirm that it is possible to apply humanitarian standards of international humanitarian law in cyber warfare because war is a phenomenon that affects all sections of a country and causes serious harms. It also affects the right to life and other aspects of human rights, because the first stage of cyber warfare is military and security classified information, and the next stage is the destruction, transfer, change and distortion of information and data related to the people and civilians of the enemy, and, noting that the civilians are not considered as combatants, they must not be the target of cyber-attacks and that the international humanitarian law, which is a common human value, must be applied in such cases. Manuscript profile -
Open Access Article
441 - Disclosure of E-commerce Secrets Stipulated Under the Competition Law of Iran and Law of European Union
vadood barzi Ali Gharibe Ismaeil Saghiri Nsaer MasoudiIn free commercial competition, each company has its own competitive policy, programs and special goals. Each of these entities has two categories of news and information. Some of this information do not have any special confidentiality and, therefore, the other compani MoreIn free commercial competition, each company has its own competitive policy, programs and special goals. Each of these entities has two categories of news and information. Some of this information do not have any special confidentiality and, therefore, the other companies in addition to the general buyers and consumers of products have the right to be aware in order to step into deal with them having sufficient knowledge and information. But, the other category of the information which companies possess are completely confidential and classified. All companies must refrain from acquiring and disseminating such type of information pursuing the aims which include weakening or elimination of competitors, elimination of competition and creation of monopoly. Competition Law covering issues such as electronic commerce regulations under the Iran's legal system and certain treaties, agreements and directives in the European Union's legal system constitute attempts at protecting these trade secrets through prohibition of such actions and incorporation of multiple execution guarantees. In terms of special importance these secret information has in free competition and global trade, the present research tries to study, analyze and assess the concept and state the types of secrets and the legal bases of banning its disclosure in electronic commerce as stipulated under the Competition Law of Iran and Law of European Union by referring to the reliable and valid domestic and international sources. Manuscript profile -
Open Access Article
442 - Imbalance Between Cybercrime Punishments with Some of the Corresponding Traditional Crimes
hojjatallah fathiDue to the expansion of cyberspace users, the types of cybercrime have increased day by day and the manner of occurrence of these crimes has become more diverse and advanced. Noting inconclusion of or inefficiency of the criminal laws governing the traditional cri MoreDue to the expansion of cyberspace users, the types of cybercrime have increased day by day and the manner of occurrence of these crimes has become more diverse and advanced. Noting inconclusion of or inefficiency of the criminal laws governing the traditional crimes, many of the countries worldwide, including Iran, has opted for legislation and enactment of special laws regarding cybercrimes. One of the principles of criminal law is the proportionality of the crime and the punishment and the balance between the punishments in similar crimes. The question that the present article seeks to answer is ‘whether a balance has been abided by between the punishments determined for similar crimes in the traditional and cyber space?’. The research method in this article is descriptive and analytical in terms of collecting library resources and in terms of its content. A comparative study of the punishments for traditional theft and cyber theft, traditional fraud and cyber fraud, and encouraging corruption and prostitution in the traditional space and cyberspace, indicates that the principle of proportionality of crime and punishment and the balance of punishments in similar mentioned crimes have not been observed. Punishments for similar cyberspace crimes are far lighter than the same crimes in the traditional environment, which seems to have no legal justification and requires a review and amendment of the law. Manuscript profile -
Open Access Article
443 - A Comparative Study of Cryptocurrencies from Perspectives of the Contract Law and Banking Law
alireza mohamad zade Asghar Mahmoudi Ebrahim Taghizadeh Hassan KhosraviThe current article revolves around the comparative study of the cryptocurrencies from the perspectives of the contract law and banking law by examining the basics of contract law and banking law and taking into account the validity and credibility of the Cryptocurrenci MoreThe current article revolves around the comparative study of the cryptocurrencies from the perspectives of the contract law and banking law by examining the basics of contract law and banking law and taking into account the validity and credibility of the Cryptocurrencies Code in Iran. What present paper is in pursuit of is seeking the application of crypto currencies and their validity in contract law and banking law while taking an effective step in acknowledging the rights to deploy the Cryptocurrencies Code in Iranian trade by elaborating on its dimensions. The results reveal that in Iran, the only law that has been approved on the use cryptocurrency is the approval of the Cabinet dated 06/05/2017 which is in reality based on the Principle 138 of the Constitution of the Islamic Republic of Iran regulated in 6 Articles and 7 Notes. From the perspective of contract law, citing Articles 1 and 2 of the above decree, it can be stated that the use of cryptocurrencies, which is done only by accepting responsibility for risk by traders, is not subject to the support and guarantee of the government and the banking system, and that its use is not permitted in domestic transactions. It needs mentioning that under the mentioned content, the only exception is the case of extracting encrypted processing products whereby mining has been allowed with the permission of the Ministry of Industry, Mines and Trade. In banking law, the use of the cryptocurrencies and the amount of its supply is done solely by the Central Bank of Iran and are totally subject to the laws and regulations of the Islamic Republic of Iran. Manuscript profile -
Open Access Article
444 - Investigation of the Ways to Reduce Cyberattacks from the Perspective of the International Humanitarian Law
hadi mahmoodi Alireza Ansari mahyariHuman progress in various political and social fields creates new opportunities and challenges. One of such challenges is cyber-attacks which are considered as a threat to human life due to the increasing development of technology and the development of virtual sp MoreHuman progress in various political and social fields creates new opportunities and challenges. One of such challenges is cyber-attacks which are considered as a threat to human life due to the increasing development of technology and the development of virtual space in different parts of the world. The purpose of the present article is to examine the ways to reduce cyber-attacks from the perspective of the International Humanitarian Law. This article is conducted employing descriptive-analytical method. The results of the investigations led the authors to reach the conclusion that the rules and regulations of International Humanitarian law do not cover the entire framework of cyber war and cyber-attack but, due to the existential philosophy of humanitarian law, it covers civilian protection as well as other principles such as the Principles of Proportionality and Distinction and, therefore, these principles and regulations still remain applicable and, wherever there are no regulations, it is necessary to refer to the Customary International Humanitarian Law, and in particular situations, the International Humanitarian Law itself must be implemented and applied. On the other hand, due to the lack of consensus of the international community and ambiguity in implementation of some of these principles and rules, with the gradual development in the field of current contractual and customary rules, even the existing ambiguities can also be resolved Manuscript profile -
Open Access Article
445 - An Introduction to International Law of Cyberspace
Alireza AnabiThe international law of cyberspace is still in its initial stage of development and formation and the relevant international institutions and authorities are consulting on various issues related to the cyberspace. However, all the actors in this field have reached a co MoreThe international law of cyberspace is still in its initial stage of development and formation and the relevant international institutions and authorities are consulting on various issues related to the cyberspace. However, all the actors in this field have reached a consensus regarding such principles as the principle of freedom of information, the right to privacy, the principle of non-interference in the internal affairs of countries, as well as the principle of prohibiting the use of force in cyberspace, and the binding regulations and documents have been approved and implemented in a global scale in this regard. The nature of the cyberspace needs to be studied and analyzed enough to be able to apply the legal rules of the real space to that space. In this regard, concepts such as the civil responsibility, the criminal responsibility and, especially, the international responsibility and their instances and proofs in cyberspace must be analyzed and adapted. This issue has been covered by the present article. Manuscript profile -
Open Access Article
446 - Possible Responses to Cyber Attacks from the perspective of International Law
Azar GivkeyCyber-attacks, while as easy as pushing a button, can have devastating and possibly catastrophic consequences such as the destruction, disabling or malfunctioning of critical infrastructure. Such an inevitable action certainly has to be timely and appropriately responde MoreCyber-attacks, while as easy as pushing a button, can have devastating and possibly catastrophic consequences such as the destruction, disabling or malfunctioning of critical infrastructure. Such an inevitable action certainly has to be timely and appropriately responded by the affected states. Although the issue of international responsibility of states, as a broad concept of cyber-attacks, faces many challenges, assuming that the aggrieved State is able to identify the source of the cyber-attack and also able to attribute the same to a country, the question that arises is: what legal solutions exist for the aggrieved government in order to respond appropriately and realize its right. In this article, which has employed library studies and analytical and descriptive methodology, we intend to examine the types of possible responses to cyber-attacks by the aggrieved governments and the conditions for using each of the possible responses. Manuscript profile -
Open Access Article
447 - A Deconstructive Elaboration on the Ratio of Crime to “Body-Psyche-Culture” in the Context of Cyber Lifestyle
Ayyub Yussefpour NezamiThe present sociological/criminological interpretive exploration has been done with the aim of showing the necessity and method of research in the mentioned field and has the form of "research programs" (in the sense of Lakatoshi). The researcher, with an understanding MoreThe present sociological/criminological interpretive exploration has been done with the aim of showing the necessity and method of research in the mentioned field and has the form of "research programs" (in the sense of Lakatoshi). The researcher, with an understanding of the lifestyle in two dimensions pre-cyber and cyber, in the comparative background of the biological dimensions of crime in pre-cyber (traditional, modern) and cyber (post-modern, etc.) criminology, by adopting the deconstruction method and triangulation technique, has tried to provide an understanding of a combinatory (socio-psychobiological) concept of crime (especially cyber). By relying on the data of neurology/neurology and communication of every contemporary human act (criminal/non-criminal) with modern applications (necessary in the digital/online life context) "hand-eye-brain", attempts have been made in formulating a contemporary and combinatory view of the organization and phenomenon mechanism of crime in the modern (cyber) system. This study, as an explanatory entry on the recognition of the hybrid (cultural-biological) foundation of cybercrime, with a preventive purpose and in the context of restorative justice, has also tried to reflect on the educational/educational needs of children and teenagers in the context of Cyber lifestyle. Manuscript profile -
Open Access Article
448 - Fast Fashion in Real World and Metaverse
Zahra Mohammadbagheri Seyed Mojtaba Seyed BagheriAs a specialized legal field, the fashion law concerns the interconnection between Intellectual Property Rights and Fashion Industry, with its ultimate mission defined as the recognition of Exclusive right of the creators of products to the Material Intellectual Propert MoreAs a specialized legal field, the fashion law concerns the interconnection between Intellectual Property Rights and Fashion Industry, with its ultimate mission defined as the recognition of Exclusive right of the creators of products to the Material Intellectual Property in assetization and use of the same. This legal discipline yields positive results directly associated with the augmented control and management of the fast fashion industry. The fast fashion industry is forged out of the unfair trade practices of the brands which, by infringing upon the Intellectual Property Law and imitation of other firms' dress designs, embark on mass-production of copied garments in the shortest possible time, and synonymous with committing this unfair practice, cut their peripheral costs in order to create a competitive advantage against rivals, leading to exploitation of workers, utilization of cheaper and lower-quality materials, and environmental damages. The fashion industry has devised innovations to tackle fast fashion's negative spillovers which, however, are doomed to fail vis-à-vis this particular phenomenon separately. On the other pole, the advent of the metaverse has greatly revolutionized the fashion industry. Metaverse has been ascribed a bundle of virtual 3D networks the utilization of which requires certain technologies. The integration of fashion industry elements into the metaverse bears certain results which are manageable with viable legal mechanisms. Applying a theoretical legal research approach to evaluate its damaging repercussions, this research dives into the challenges facing the fashion industry and assesses the capacity of the space ascribed as metaverse in relation to the fashion industry with the aim of reducing the associated harms. Manuscript profile -
Open Access Article
449 - Challenges of Applying the Principles of Armed Conflict to Cyber Attacks Case Study: Observance of the Principle of Prohibition of the Use of Force and the Principle of Distinction in Cyber Attacks
Zohre Sadeghi MohammadJavad ArabianDue to the many advantages of cyber attacks as a new method of warfare compared to the conventional and traditional methods of war, the attention of different countries has been drawn to this phenomenon over the recent years. Furthermore, noting the point that the effor MoreDue to the many advantages of cyber attacks as a new method of warfare compared to the conventional and traditional methods of war, the attention of different countries has been drawn to this phenomenon over the recent years. Furthermore, noting the point that the efforts of some countries and international assemblies to systematize the tools, methods and effects of this style of attack and conflict still face a lack of consensus and, as a consequence, have not resulted in creation of an international document, the international lawyers have faced many challenges in dealing with this phenomenon and its destructive effects on the important and vital infrastructure of countries and defending the rights of nations against cyber attacks.There are now many legal rules governing the situations in which states can resort to force as well as the point as how they can resort to force in armed conflicts. Some of these rules do not apply specifically to cyber attacks including the rules related to the protection of the Wounded, Sick and Shipwrecked. Other rules include general principles that apply to cyberattacks. Nevertheless, it seems that the gap between conventional weapons such as biological and chemical weapons and methods of cyber-attack can be very large. This article addresses the Principle of Prohibition of the Use of Force and the Principle of Distinction and examines the challenges of applying the same to the cyber attacks. Manuscript profile -
Open Access Article
450 - The Scope of the Principle of Non-Use of Force in Cyber Attacks in the Framework of the United Nations Charter
Peyman Hakimzade Khoei Reyhane DerogariThe global interconnectedness created through information technology provides a potentially powerful weapon for states and non-state actors to remotely disable or destroy military defense networks. Sending excessive data requests to an internet website, "server or route MoreThe global interconnectedness created through information technology provides a potentially powerful weapon for states and non-state actors to remotely disable or destroy military defense networks. Sending excessive data requests to an internet website, "server or router" can be used as a weapon to destroy major information networks or to infiltrate private networks. The present study, employing descriptive-analytical methods, investigates the possibility of applying the Principle of Non-recourse to Force as an absolute rule of international law in relation to cyber-attacks and existing legal challenges. The questions that arise are: can the cyber attacks be prohibited according to the Principle of Non-recourse to Force in the light of the Article 4 of the Paragraph 4 of the Charter? If so, can the cyber attack allow the use of military in legitimate defence as per the Article 51 of the charter? The findings show that although cyber-attacks may not cause physical damage, and in other words, they do not violate Article 2, Clause 4 of the Charter but, the principle of non-intervention, as a powerful international legal tool, can be used by states to protect and counter cyber-attacks Manuscript profile -
Open Access Article
451 - Supportive Arrangements of Religious Tourists in the Global Documents
Ali reza keshtkar Masoud Raei Dehqi Manouchehr Tavassoli NaeiniReligious tourism is one of the most common types of tourism because nowadays most people in the world believe in one religion, and this has led to establishing religious tourism around the world; On the other hand, this type of tourism is more at risk than other ones w MoreReligious tourism is one of the most common types of tourism because nowadays most people in the world believe in one religion, and this has led to establishing religious tourism around the world; On the other hand, this type of tourism is more at risk than other ones which are due to the religious beliefs, so that sometimes the tourists’ properties and lives are endangered. Therefore, we seek to find out what supporting services for this type of tourist exist in the form of documents internationally. Can international laws and global documents help and support them if their rights as religious tourists are violated? Therefore, the purpose and motivation of this study were to study and recognize the practical documents of the world to deal with the violation of the rights of religious tourists so that they can be properly used by regional and international judicial and quasi-judicial authorities in the first place to prevent and later to realize the rights concerning the tourists’ violated rights. The research method is descriptive-analytical. The research results showed that there are various documents in the international arena; which can certainly have a positive effect on reducing the violation related to religious tourism rights. Countries can reduce many of the world’s political, economic, and social tensions by using general and specific documents. On the other hand, by recognizing the supportive documents of the government officials, the tourists can seek the rights that have been violated and also demand compensation. Manuscript profile -
Open Access Article
452 - The Principle of Minimum Criminal Law in Iranian Criminal Law; Challenges and Solutions
Taher Bakhshizadeh Tahmoores Bashirieh Hossein GholamiReceive Date: 2023/07/12 Revise Date: 2023/08/20   MoreReceive Date: 2023/07/12 Revise Date: 2023/08/20 Accept Date: 2023/09/10 Abstract The principle of minimum criminal law arises from the philosophical theory of liberalism and develops the minimum criminal law in different form. The principle of minimum criminal law with respect to human beings and values such as their freedom, autonomy and right to be different and expression of the minimum role of the State and lack of its right to intervene in all aspects of human life, describes the criminal law that its scope is little and limited to essential elements. According to this principle, governments should justify the criminalization and then sanctions. The implementation of this principle faces obstacles and challenges such as: the more intervention than necessity of the country's judicial system in social conflicts, legal inflation, lack of effective protection of individual rights, a high level of conviction rate and systemic problems. To overcome these problems, we must review the principles of the penal system. The principle of minimum criminal law has effects that, based on this principle, it is possible to overcome the challenges and obstacles related to the reduction of criminal titles in Iranian criminal law. This principle takes into account the tools and requirements necessary to realize minimum criminal rights. Manuscript profile -
Open Access Article
453 - The Destinations of Religion and the Role and Place of Expediency in Legislation
Sayyed Mohmmad Taqhi Alavi Seyedeh mahshid Miri balajorshariAccording to the opinion of justice ,the religious commandments are subject to expediencies and corruptions; as the governmental rulings are in line with the provision of social expediencies of Islamic society. Therefore, expediency at status of decree and governm MoreAccording to the opinion of justice ,the religious commandments are subject to expediencies and corruptions; as the governmental rulings are in line with the provision of social expediencies of Islamic society. Therefore, expediency at status of decree and governmental rulings has an important place in Islamic jurisprudence. All Islamic religions agree that the rulings are based on the expediencies and corruptions and actually the religion has come for attracting the expediencies of the servants and keeping the corruption away from them .From the age of genesis of religion till now by reflection on the noble verses of the Quran, the Sunnah of Innocent Ones and the actions of the Companions and Islamic jurists, this conclusion is obtained that there is a close relationship between the destinations of the religion and the words expediency and corruption. It is attempted in this article that by study and reflection on the theory of destinations of religion and its relationship with expediencies and corruptions, will attain to the analysis of cases that are placed as “ absence of legal text “ or other cases of silence of law. Manuscript profile -
Open Access Article
454 - Moral foundations of law in legislative politics with an approach to commercial law
Mahmoud Erfani amirreza mahmoudiTrade and transactions is an area in which the observance of moral principles and foundations is emphasized by Islam and is one of the main pillars guaranteeing the sustainability of social and economic life. In the following article, an attempt has been made to show th MoreTrade and transactions is an area in which the observance of moral principles and foundations is emphasized by Islam and is one of the main pillars guaranteeing the sustainability of social and economic life. In the following article, an attempt has been made to show the relationship between the moral principles and foundations of Islam and business law in the legislative policy of Islam by referring to business rules in Islam, examining Shari'a texts and analyzing many examples of the function of ethics in Islamic business law. Ethical principles and foundations should be revealed over legal rules in business relationships and transactions. Since the purpose of this research is to present the ethical structure of Islamic business law in the context of Islamic legislation, it is not important to express the conflicts and approaches of different schools of jurisprudence in this research, and the importance of business for social life and the existing views about The relationship between business law and moral principles and foundations is explained by approaching the teachings of Islamic law. Manuscript profile -
Open Access Article
455 - 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
456 - Climate Change, Human Rights and the need to Establish the International Court of the Environmet
Azade Rastegar Ali MashhadiAbstract: In recent decades the phenomenon of climate change is one of the important concerns of world community and some measures have been taken so far. Among these measures one can refer to ratification of United Nations Framework Convention on Climate Change (UNFCC MoreAbstract: In recent decades the phenomenon of climate change is one of the important concerns of world community and some measures have been taken so far. Among these measures one can refer to ratification of United Nations Framework Convention on Climate Change (UNFCCC) in May 9.1992, Kyoto Protocol in 1997 and Paris agreement in 2014. The main purpose of the present paper is to examine the problems and damages inflicted on earth as a result of climate changes and the necessity of establishing an international court for protecting eco system. Taking into consideration the fact that most of conventions and treaties on environment are not obligatory the question raised her is "how far the International Court for Environment (ICE) can be effective and efficient in preventing damage to environment when a dispute arises between the performance of the parties to the convention and the rules governing the convention. The presumption of the article is that the establishment of this special court for environment can help to settle disputes in the field of environment in the same way the International Court of Justice could act in peaceful settlement of disputes. The methodology used in the paper is library source based study as well as taking the help of international environment law documents including United Nations Environment Program (UNEP) documents. The finding of the study shows that the establishment of International Court for Environment can play an effective role in protecting the environment in future. Manuscript profile -
Open Access Article
457 - A Comparative Study of the Concept of Citizenship in Contemporary international Law Systems and Islamic Law
Mosoud HemmatAbstract As regard the nationality in Islamic law there are three categories of nationality: Islamic or Uma nationality, contract nationality and national nationality. Islamic nationality is based on "Islamic nation" and contractual nationality is based on Zemme contra MoreAbstract As regard the nationality in Islamic law there are three categories of nationality: Islamic or Uma nationality, contract nationality and national nationality. Islamic nationality is based on "Islamic nation" and contractual nationality is based on Zemme contract (a contract between the Islamic government and non-Muslim citizen who have accepted holy book). The Zemme contract is having its basis on faith and national nationality is based on international private law criteria and its base is physical and material. The present paper wants to answer this question that on what principle the concept of nationality in contemporary international law and Islamic law are based? What are the similarities and differences between the two legal systems in question of nationality? The present paper wants to introduce a mix of material and faith principles to examine the concept of nationality from the viewpoint of religious jurisprudence. The paper shows the similarities of Islamic legal system and contemporary international law in the concept of nationality and the differences between the concepts of Islamic nationality and concept of contractual nationality. For examining the legal concept and element related to discussion the descriptive method is used and for explaining the legal values and elements scientific analysis method is used. Manuscript profile -
Open Access Article
458 - The Bases of Mirza Yousef Khan Mostashar-ul-Dowleh's Idea of Legalism
Alireza Azghandi Hamed Ameri GolestaniThe idea of legalism is one of the important grounds of modernization in Qajar era and in this movement the role of intellectuals of this period is very important. These intellectuals by preaching the idea of legalism prepared the ground for socio-political development. MoreThe idea of legalism is one of the important grounds of modernization in Qajar era and in this movement the role of intellectuals of this period is very important. These intellectuals by preaching the idea of legalism prepared the ground for socio-political development. Among these intellectuals Mirza Yousef Khan have had a special position. He took great step by writing a booklet named "One Word" which contributed to the principle of "rule of law" in Iran at that time. In the present article the bases of Mirza Yousef Khan's thinking which has been expressed in the introduction of his booklet is discussed. Mirza Yousef Khan by emphasizing the importance of rule of law believes that the progress of the society depends upon the expansion of this concept. While he pays attention to the new Western law and codes and bases his thinking of legalism on those criteria he also attaches enough importance to domestic bases i.e. the Sharia book and lays the foundation of his legal thinking on this ground also. Mirza Yousef Khan's idea of legalism is of great importance since it does not merely follows Western law and he tried to find a suitable foundation for establishing rule of law during Qajar period and in this regard he differs from other thinkers who merely followed Western law. Mirza Yousef Khan tried to create the concept of law by making use of Western law and Sharia law. Thus if one want to understand the concept of legalism during Qajar period one must acquaint oneself with Mirza Yousef Khan's thinking and the bases of his legalism. Manuscript profile -
Open Access Article
459 - The Private Military and Security Firms and Humanitarian Law: The Place and Responsibility
Leila Raisi Abdolnaeim ShahriaryThe increasing growth of private military and security firms and their presence and activities in armed conflicts scene has led to many problems especially in regard to the status of these firms and their personnel and the humanitarian laws and their responsibilities in MoreThe increasing growth of private military and security firms and their presence and activities in armed conflicts scene has led to many problems especially in regard to the status of these firms and their personnel and the humanitarian laws and their responsibilities in case of breach of humanitarian laws and regulations. For determining the status of these firms and their personnel, one has to identify each case on its own and take into consideration the criteria of humanitarian international law. Whether they are considered as military personnel or the fall in the category of civilians? In regard the subject of responsibility, in case these firms breach the humanitarian rules, they will be responsible for their performances. But it also should be taken into consideration that besides these firms, the countries that are related to them and the personnel are their citizens and make use of their services and the country which these firms are active and working in their territories will also be responsible in regard to their operations. Manuscript profile -
Open Access Article
460 - Legal Considerations in Russia-Georgia Warv
Ali Omidi Masoud RezaeiInternational crises have always been a testing arena for international law. In this regard the conflict and war between countries، due to its wider repercussions and its deeper impact، is a more sensitive issue. The study of the observance of the principles and rules o MoreInternational crises have always been a testing arena for international law. In this regard the conflict and war between countries، due to its wider repercussions and its deeper impact، is a more sensitive issue. The study of the observance of the principles and rules of international law in Russia-Georgia war which occurred on 8 August 2008 can be suitable criteria for evaluating the orientations and measures of the two countries. The question raised by the present article is، from legal point where does the Russia-Georgia war stands and what legal justification one can have for the military invasion of Georgia in Southern Ossetia and also the military intervention of Russia to protect the Russian citizens residing in Southern Ossetia. The article by a descriptive-analytical method wants to evaluate the conformity or non-conformity of the stands of the two countries with the principle and rules of international law. The findings of the study shows that the military invasion of Russia to territory of Georgia and also resort to undue force by the Georgian forces in autonomous republic of Southern Ossetia had been contrary to customary and conventional principles of international law and both the warring parties have breached certain aspects of international law. Manuscript profile -
Open Access Article
461 - Democratic Peace Model and Cultural Diversity
Mehdi BaratalipourAbstract: John Rawls model of “democratic peace” by recognizing “peoples” and distinguishing between the “democrat liberal”, “hierarchical nobles”, “Burdened”, “Benevolent Absolutism” societies and MoreAbstract: John Rawls model of “democratic peace” by recognizing “peoples” and distinguishing between the “democrat liberal”, “hierarchical nobles”, “Burdened”, “Benevolent Absolutism” societies and outlaw governments in international arena visualizes international justice in line of “reasonability” and not rationality in relations among the countries. This concept of justice puts aside universal moral foundation in favour of “political overlapping consensus”. Now the question is whether this model of democratic peace recognizes cultural diversity in international arena. The critical argument of the present paper is this model is trying to recognize this diversity with taking advantage of the concept of reasonable pluralism, but eventually it also leads to a dream of universal utopian image of the moral foundations necessary for well-ordered international community, in a way which can proceed to humanitarian intervention and just war against the detestable “other”. The finding of the study is that by certain modifications in “democratic peace model” we can consider it successful in recognition of cultural diversity. Therefore, on the basis of this modification democratic peace by offering a “minimal approach”, “conceptual essentialism” and “realistic-utopian view” neutralizes cultural radical relativism and universalistic liberalism in world policy making. Manuscript profile -
Open Access Article
462 - Explaining the Indexes of Democracy from John Locke’s View
Shiva Jalalpour Shohreh Jalalpour Sayed Majid MosaviThe political thought of the “architect of democracy” and “the father of liberalism” prepared the theoretical ground for the formation of serious debates on concepts like natural law and law based on that, separation of powers, constitutional mon MoreThe political thought of the “architect of democracy” and “the father of liberalism” prepared the theoretical ground for the formation of serious debates on concepts like natural law and law based on that, separation of powers, constitutional monarchy etc… in eighteenth century. Locke’s teachings created the ground for the growth of democratic movements and later liberals. These thoughts first led to revolution in England, the independence movement of the United States and French revolution and later they were approved in the constitution of most of the countries. They were approved in General Assembly of the United Nations and universal declaration of human rights in thirty articles. These thoughts had tremendous impact in the formation and foundation of democratic institution in the West. The present article wants to examine and explain the indexes of democracy in John Locke’s political thought. The finding of the study shows that John Locke while giving importance to the place of individuals, individual wisdom, good nature of individual and individual right to avail one of natural non-deprivable rights derived from natural law and such individual which is having the above rights is having precedence to primitive society and government. Locke believes that the legitimacy of government depends on the natural rights of the individual and for guaranteeing maximum adherence to these rights he formed the details of the thought of social contact theory. The result of this contract was the formation of rational government and an agent which the exercise of its authority is limited through different mechanism. In this way from epistemological point of view he laid the foundation of individualism. From epistemological aspect he believes in rationalism and collective wisdom and from political aspect he was the advocate of people’s rule and constitutional government. Manuscript profile -
Open Access Article
463 - The Right to Work in the European Union Law
Mostafa Namdar Pourbengar Mojahed AmiriAmong the second generation rights of man--social and economic rights--one is the right to work which have been emphasized in international and regional documents and also in the constitutions of several states. From 1919 with the establishment of International Labour O MoreAmong the second generation rights of man--social and economic rights--one is the right to work which have been emphasized in international and regional documents and also in the constitutions of several states. From 1919 with the establishment of International Labour Organization different aspects of this right (like the right to have a job, prohibition against discrimination while employing and occupation, the right to have job security …) were internationally emphasized and from this angel it found its place in different legal systems in a way that today first generation rights (the right to life and prohibition of torture etc.) is not the focus of attention of human rights activists. On the other hand other rights like right to, prohibition of discrimination and other related rights have become the center of workers expectations and the subject of legal cases. In this regard the judgments of human rights courts and the European Court of Justice is an indication to this point. With the establishment of European Union in the continent of Europe as a regional organization, gradually a new legal system got shaped which today is called the European Union law system. This comprehensive and developed legal system includes a wide range of legal rules including human rights rules. Social and economic rights are in the center of attention of European institutions like Commission of Europe and Council of Europe. The council has approved different directives in which they have paid attention to right to work. For instance the directive on prohibition of discrimination in employing and occupation (2006), directive related to collective dismissal of workers in 1998, directive related to working hours (2006) are some of the examples of obligatory rules of European Union regarding the right to work. In the present article examining the legal rules of European Union regarding work, different issues are discussed in three parts. In the first part the concept of right to work and right to have access to work specially the right to set up a business and also access to job training opportunities have been discussed. In the second part prohibition of discrimination while employing and occupation and working condition and payments are discussed and different directives of the Union are explained and illustrated. In this way a comparison has been made between the system of prohibition of discrimination at European level and international level. In the third part the job security and issues like dismissal of workers and fixed period employment contracts in Europe have been discussed. In each part it has been tried to tally the European Union rules and international law rules to compare the level of European standards and international law. Manuscript profile -
Open Access Article
464 - Synthesis of the biologically active henna based benzochromene derivatives using ionic liquid functionalized SBA-15 as a nanoreactor
Ghodsi Mohammadi Ziarani Hoda Mollabagher Parisa Gholamzadeh Alireza Badiei Fatemeh Yazdian -
Open Access Article
465 - Relationship between the right to city and Legalism (Case of Study: Citizens 18 years of age and above of the city of Yazd)
Akbar Zareshahabadi meysam gholamiThe right to city, in addition to indicating active membership of the city along with universal rights and obligations, introduces the city as the most important level of policy and decision –making, emphasizes the right of access to space and the right of citizen MoreThe right to city, in addition to indicating active membership of the city along with universal rights and obligations, introduces the city as the most important level of policy and decision –making, emphasizes the right of access to space and the right of citizens to participate in shaping their everyday urban life through recognizing the city as a place for the reproduction of social relationships and power. Thus the right to city is considered one of the most controversial urban issues and one of the essentials of urban life. The purpose of this study was to investigate the relationship between the right to city and law-abiding. The present study was an applied cross-sectional survey-based research. The research population consisted of 411051 citizens of Yazd aged 18 years and above in 1397. By using the Cochran formula, 365 of them were studied by a three-step sampling method. The research instrument was a researcher-made questionnaire whose validity was verified through face validity and reliability through Cronbach's alpha. The obtained results indicate that the feeling of the right to city and law-abiding among Yazdi citizens is lower than the average level and that there was a significant relationship between the sense of right to city and law-abiding. Regression analysis showed that independent variables could explain 20% of the variations of law-abiding. Manuscript profile -
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466 - جوابهای سولیتونی رزونانسی معادله M-کسری شوردینگر
موسی ایلی علی خوش کنار -
Open Access Article
467 - تقارنهای لی ، خود الحاقی و قوانین بقا معادله مونج آمپر
زهرا مومن نژاد مهدی نجفی خواهاین مقاله معادله دو بعدی بسط یافته مونج آمپر را با روش لی بررسی میکند. تقارنهای لس معادله مونج آمپر یافته شدند و روش خود الحاقی غیر خطی برای این معادله در نظر گرفته شده است. با بکارگیری روش ابراگیموف و عملگرهای نوتر، مجموعه بی نهایتی از قوانین پایستگی وابسته به تقارنهای Moreاین مقاله معادله دو بعدی بسط یافته مونج آمپر را با روش لی بررسی میکند. تقارنهای لس معادله مونج آمپر یافته شدند و روش خود الحاقی غیر خطی برای این معادله در نظر گرفته شده است. با بکارگیری روش ابراگیموف و عملگرهای نوتر، مجموعه بی نهایتی از قوانین پایستگی وابسته به تقارنهای لی معادله مونج-آمپر استخراج میشوند. مقادیر بقا متناظر از چگالی های مربوطه به ترتیب محاسبه شده اند. Manuscript profile -
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468 - Transcendence in the didactic and symbolic work of Bilawhar and Yudasaf
Rasoul Kazemzadeh Mohammad Pashaie Malihe HadidyThe story of Bilawhar and Yudasaf contains the history of Buddhism and after centuries it has been mixed with anecdotes and philosophical words and narrated in the form of parables and instructive stories. These parables are narrated by a pious sage named Bilawhar to gu MoreThe story of Bilawhar and Yudasaf contains the history of Buddhism and after centuries it has been mixed with anecdotes and philosophical words and narrated in the form of parables and instructive stories. These parables are narrated by a pious sage named Bilawhar to guide Yudasaf and encourage him to leave the world and find the truth. In this story, the concept of transcendence is emphasized. It means going higher, rising, reaching the peak, tending to grow and progress, excelling and perfection, and self-knowledge is the only sign of a mature and cultured person, which is emphasized in educational literature. This model has been proposed among all nations, religions and schools with different titles. In Islam, it can be reached nirvana or freedom from illusions and sufferings and attachments of the mortal world through spiritual focus or meditation in the teachings of Buddha. In this way, man always finds a passage through rebirths and reaches perfection. This research investigates the symbolic steps of transcendence in the dialectic story of Bilawhar and Yudasaf with a descriptive-analytical method and based on the library method and it indicates the main principles and conceptual structure of this dialectic book. Manuscript profile -
Open Access Article
469 - Genealogy of didactic literature (A glance at the reasons of presence and expansion of didactic literature in Iran)
منا علی مددیThe didactic literature and its style has a long history. Many works are created and reached us with the contents of advice and recommendation. This history and the existence of many evidences have placed this kind of language as a special genre among Iranians and in Pe MoreThe didactic literature and its style has a long history. Many works are created and reached us with the contents of advice and recommendation. This history and the existence of many evidences have placed this kind of language as a special genre among Iranians and in Persian literature. However, in the era of Mashrooteh (constitutional revolution) when Iranians got familiar with modernism, this genre was faced with a lot of critiques and gradually weakened. The reason behind expansion in pre-modernism and then weakening in modernism period is due to type of Iran government and class structure of Iran before Mashrooteh period. In a hierarchical society in which some are higher than others the use of language of advice and recommendation is unavoidable. Therefore, Saadi and Nezamolmolk had to use this type of language in their works. In Mashrooteh period dictotarial government and hierarchical society was collapsed and the ground for developing and acceptance of didactic literature disappeared. Manuscript profile -
Open Access Article
470 - Climatic Design of Form, Aspect Ratio and Building’s Orientation Based on Solar Radiation in Tehran
hassan Akbari esmail ebrahimiConsidering the special geographical-climatic conditions and the high consumption of fossil fuels in Tehran, the design of buildings, consistent with the climate and in order to benefit from renewable energies such as solar energy is necessary. The physical characterist MoreConsidering the special geographical-climatic conditions and the high consumption of fossil fuels in Tehran, the design of buildings, consistent with the climate and in order to benefit from renewable energies such as solar energy is necessary. The physical characteristics of buildings have a very important role in the regulation of microclimate conditions and thermal situation of interior and exterior spaces of buildings. The aim of this research is to determine the proper form, aspect ratio and orientation of buildings, based on the amount of received solar radiation in Tehran. In this research, six geometric forms, including square, rectangle, hexagonal, octagonal, hexadecagon and triacontadigon with an equal area and elevation were studied. Using the Q-BASIC software, the azimuth angle and altitude of the sun were extracted, then, based on “Law of Cosines” computational method, the amount of energy received at the vertical surfaces was estimated in 32 geographic directions. The results show that the highest amount of annual received energy is related to the rectangular form with the North-South orientation and the least amount is related to the rectangular form with East-West orientation. The best form of building in Tehran is a rectangle with East-West orientation and after that is the square form. The most suitable aspect ratio for the rectangular form with the East-West orientation is the ratio of 1: 1.4. The most appropriate orientations for the specified aspect ratios, are the 165 degrees South-East and South-West and then is the directions to the South. Manuscript profile -
Open Access Article
471 - Assessing capacity and providing sustainable livelihood strategies in the Zagros region with emphasis on legal and environmental aspects (Case study: Dena watershed)
afshin jafari ALI ShojaeifardThe aim of this study is to assess the potential of Dena watershed and provide sustainable livelihood strategies. This is a practical goal that used a combined model to assess the strength of the Central Zagros region. First, ecological parameters were identified to ass MoreThe aim of this study is to assess the potential of Dena watershed and provide sustainable livelihood strategies. This is a practical goal that used a combined model to assess the strength of the Central Zagros region. First, ecological parameters were identified to assess the ecological potential, and then layers were prepared by georeferencing, digitization, and timing. The study used data from Landsat 7 and IRS satellite imaging images. The layers overlapped and classified in the ArcGIS software, version9.2. In the next step, SCORE technique and reference to expert opinions were used to formulate the strategies. The results showed that 20.9% of the region needs protection and 19.8% is suitable for forestry. The lowest percentage of suitable use for the region belongs to the protection of water resources and then residential development. Analysis of the internal and external environment of sustainable livelihood management in the study area shows that opportunities and strengths have a higher average score than restrictions and risks. Finally, 11 management and legal strategies for sustainable livelihoods were developed in the Dena watershed. Manuscript profile -
Open Access Article
472 - عمر گلجایی و کیفیت گل شاخه بریده ی آلسترومریا تحت تاثیر کاربرد تلفیقی اسانس های گیاهی و تیمارهای شیمیایی
مینا رضیآلسترومریا گل­ های زیبایی دارد که در دنیا محبوبیت دارند. از مهم ترین مشکلات در تجارت این گل حساسیت به اتیلن و آلودگی باکتریایی در انتهای ساقه است. در این آزمایش اثر اسانس­های بهارنارنج (0، 100 و 200 میلیگرم در لیتر) و سرو لاوسون (0، 100 و 200 میلی­ گر Moreآلسترومریا گل­ های زیبایی دارد که در دنیا محبوبیت دارند. از مهم ترین مشکلات در تجارت این گل حساسیت به اتیلن و آلودگی باکتریایی در انتهای ساقه است. در این آزمایش اثر اسانس­های بهارنارنج (0، 100 و 200 میلیگرم در لیتر) و سرو لاوسون (0، 100 و 200 میلی­ گرم در لیتر) و تیمار غیر شیمیایی (شکاف در آب گرم 40 درجه سانتیگراد و عدم شکاف) با 18 تیمار، 3 تکرار، 54 کرت بر روی عمر گلجایی و کیفیت گل شاخه بریده­ ی آلسترومریا انجام شد. نتایج تجزیه واریانس نشان میدهد که اثر متقابل تیمارهای فوق بر روی تمامی صفات بجز کاهش وزن تر معنی دار بوده است. نتایج نشان داد که تیمار L200B50S0 (200 میلی گرم در لیتر اسانس سرو لاوسون× 50 میلی­ گرم در لیتر اسانس بهار نارنج× بدون شکاف) و L200B0S1 (200 میلی­ گرم در لیتر اسانس سرو لاوسون× 0 میلی­ گرم در لیتر اسانس بهار نارنج× با شکاف) بیشترین عمر گلجایی را داشت. همچنین کمترین آلودگی میکروبی در تیمار L200B50S1(200 میلی­ گرم در لیتر اسانس سرو لاوسون× 50 میلی گرم در لیتر اسانس بهار نارنج× با شکاف) مشاهده شد. Manuscript profile -
Open Access Article
473 - ارزیابی کیفی چمن با استفاده از روش نمره دهی بر اساس تصویر و روش ارزیابی ملی چمن (NTEP)
فاطمه کاظمی محمودرضا گلزاریان فاطمه نعمت الهیروش‎های کنونی ارزیابی چمن اغلب بر پایه روش­های مبتنی بر ارزیابی انسانی هستند. با این حال، حذف خطاهای ذهنی (شخصی) از چنین ارزیابی اغلب غیرممکن است. این تحقیق صحت روش‎های مبتنی بر ارزیابی انسان را در مقایسه با روش‎های مبتنی بر پردازش تصویر بررسی می‎کند Moreروش‎های کنونی ارزیابی چمن اغلب بر پایه روش­های مبتنی بر ارزیابی انسانی هستند. با این حال، حذف خطاهای ذهنی (شخصی) از چنین ارزیابی اغلب غیرممکن است. این تحقیق صحت روش‎های مبتنی بر ارزیابی انسان را در مقایسه با روش‎های مبتنی بر پردازش تصویر بررسی می‎کند. چهار کرت چمن با استفاده از دو روش ذکر شده مورد بررسی قرار گرفت. در روش مبتنی بر ارزیابی انسان، 20 ارزیاب (10 زن و 10 مرد) و در روش مبتنی بر تصویر، یک دوربین دیجیتال با منبع نور مصنوعی و کنترل شده استفاده شد. این آزمایش برای اولین بار دو فاکتورکیفی بافت چمن و تحمل به رشد علف‎های هرز را با استفاده از یک تکنیک مبتنی بر پردازش تصویر و روش رایج مبتنی بر ارزیابی انسانی بررسی کرد. علاوه بر این، پوشش‎دهی کل چمن، و رنگ و پوشش زنده چمن‎ها در دو روش اندازه‎گیری مقایسه شدند. نتایج روش ارزیابی مبتنی بر انسان نشان‎دهنده دامنه وسیع‎تر و انحرافات استاندارد بالاتر نسبت به روش پردازش تصویر بود که به نظر می‎رسد به دلیل تفاوت­های بین ارزیابی‎کنندگان انسانی و خطاهای ناشی از ذهن انسان است. نتایج همچنین بر دقت و سهولت استفاده از روش مبتنی بر پردازش تصویر تأکید کرد. این نتیجه می‎تواند کاربردهایی برای توسعه یک سیستم مکانیزه برای ارزیابی کیفیت چمن در سراسر جهان داشته باشد. Manuscript profile -
Open Access Article
474 - Evaluation the Effects of Superabsorbent on Qualitative Characteristics of Lawn
F. Sheikhmoradi I. Argi V. Abdosi A. EsmaeiliWater sources optimizing required a suitable irrigation program. Different material can use to increase water use efficiency. Superabsorbent is one of the materials where used in around the world. These materials put in the soil and absorb water so that reserved water i MoreWater sources optimizing required a suitable irrigation program. Different material can use to increase water use efficiency. Superabsorbent is one of the materials where used in around the world. These materials put in the soil and absorb water so that reserved water is usable by plant in the time of drought stress and they can reduce stress and lead to prevent yield loss. Therefore, the experiment was conducted to evaluate effects of different superabsorbent and irrigation cycles on lawn. A split plot experiment based on randomized block design with three replications was used. Irrigation cycles and superabsorbent amounts used as main-plot and sub-plots respectively. Four irrigation periods (1, 2, 4 and 6 days) and four superabsorbent amounts (0, 20, 25 and 30 g/m2) were used as experimental treatments. One-day irrigation interval and zero superabsorbent amounts were used as control. Lawn water requirement was calculate by evaporation from a pan class. Results showed that superabsorbent amount had significant effect on shoot height, total chlorophyll and plant density. Results showed that lawn performance was higher in 30 g/m2 of superabsorbent amount at two-day irrigation cycle. Manuscript profile -
Open Access Article
475 - Effect of Fertilizer and Soil Compactness Interaction on N, P and K in the Culture of Lawn
S. Javahery H. Zarei S. A. R. Movahedi Naeini G. Roshani M. EftekhariUnder favorable soil conditions such as existence of easily destructible organic compounds, balanced heat and moisture, adequate ventilation and abundant nutrients, organic materials are mineralized. Once mineralizing occurs, mineral elements like P, S, Ca, Mg, K and ot MoreUnder favorable soil conditions such as existence of easily destructible organic compounds, balanced heat and moisture, adequate ventilation and abundant nutrients, organic materials are mineralized. Once mineralizing occurs, mineral elements like P, S, Ca, Mg, K and other cations are released. A related study was conducted to determine the effect of seven organic fertilizers (Leaf Mold (LM), Rice Husk (RH), manure, Spent Mushroom Compost (SMC), mixture of LM, RH and SMC (M1), mixture of LM, RH and manure (M2) with the ratio of 1: 1: 1 and control) at three levels of soil compactness (roller weight of 36, 56 and 76 kg) on N, P, K content of soil and aril parts of sport lawn. Treatments were applied as strip plot design in three replications, in research farm of Gorgan University of Agricultural Sciences and Natural Resources during 2008-2009. According to the results of this study, in all three compactness levels, treatments containing manure and SMC showed more N and K in contrast to control treatment. The most content of soil P in each compactness level was observed in plots fertilized with manure. The manure and control treatments showed the most and the least amount of plant nitrogen in all compactness treatments respectively. The manure and SMC treatments and also treatments containing these organic matters increased plant phosphorus content in compare with RH, LM and control treatments. Also in three compactness, manure and SMC treatments showed more plant potassium in contrast to control. Manuscript profile -
Open Access Article
476 - بیماریزایی گونههای آلترناریای جدا سازی شده از Chamaecyparis lawsonia در شرایط In Vitro
محمدرضا صفری مطلق فاطمه رمضانی راد شهرام صداقت حوریکی Tetranychus urticae Koch (Acari: Tetranychidae( کنه دو نقطه ایاز آفات مهم اقتصادی گیاهان زینتی در ایران می باشد. فراوانی جمعیت و توزیعHot و Maroussia، Wendela، Elderado، Wenedetta فضایی پنج رقم رز شاملدر طول دو فصل رشد در سال های 1390 و 1391 در گلخانه رز پاکدشت تهرا Moreیکی Tetranychus urticae Koch (Acari: Tetranychidae( کنه دو نقطه ایاز آفات مهم اقتصادی گیاهان زینتی در ایران می باشد. فراوانی جمعیت و توزیعHot و Maroussia، Wendela، Elderado، Wenedetta فضایی پنج رقم رز شاملدر طول دو فصل رشد در سال های 1390 و 1391 در گلخانه رز پاکدشت تهران Ladyشاخص پراکندگی، میانگین تراکم لیود، شاخص موریسیتا و ،k مطالعه شد. پارامتربرای تخمین الگوی توزیع فضایی بکار برده شد. )Iwao و Taylor( روش های رگرسیونو ضرایب مدل های رگرسیون وجود k برنامه های اصلاحی نمونه برداری توسط پارامتر2 در / اوایل تیر ) 47 T. urticae داشت. نتایج نشان داد که بیشترین تراکم جمعیتی4 در هر برگ( بودند. هم چنین یک برنامه نمونه برداری / هر برگ( و اوایل شهریور ) 11دنباله ای بصورت گسترده با استفاده از مدل گرین برای تخمین تراکم کنه استفادهدر اکثر فصل رشد بصورت ،Maroussia شد. جمعیت روی ارقام مختلف رز به ویژهتجمعی بود و مدل های دو جمله ای منفی مجموعه داده ها را بهتر از مدل پویسونتطبیق دادند. میانگین تعداد کنه دو نقطه ای در هر گیاه بین قسمت های مختلف آننشان داد گرایش کمی Maroussia اختلاف معنی داری داشت. درصد تطبیق رقم رز14 درصد از مجموعه داده های / به سمت مدل پویسون هم دارد. هم چنین 58 و 1تطبیق بیشتری با توزیع پویسون داشت. این Wenedetta بر روی رقم T. urticaeنتایج بطور کامل یافته های شاخص پراکنش را تأیید می کند و نشان دهنده توزیعتجمعی است. تعیین برنامه نمونه برداری و الگوی توزیع فضایی آفت بر روی طراحیو اجرای مدیریت تلفیقی آفت می تواند اثرگذار باشد Manuscript profile -
Open Access Article
477 - Examining the Impact of Lead Farmer Approach on Follower Farmers’ Knowledge and Practice of Conservation Agriculture: A Case Study in Kalira Extension Planning Area, Ntchisi District, Malawi
Daniel Devoted Matemba Dalo NjeraThe Lead Farmer Approach (LFA) has emerged as a vital strategy for agricultural extension services in developing nations like Malawi, aiming to disseminate new technologies and practices among smallholder farmers. This study investigates the impact of LFA on follower fa MoreThe Lead Farmer Approach (LFA) has emerged as a vital strategy for agricultural extension services in developing nations like Malawi, aiming to disseminate new technologies and practices among smallholder farmers. This study investigates the impact of LFA on follower farmers' (FFs) knowledge and practice of Conservation Agriculture (CA) in Malawi. Employing a mixed-methods research design, the study conducted household surveys and focus group discussions in the Kalira Environmental Protection Area, Ntchisi district. Results indicate a significant improvement (p < 0.05) in FFs' knowledge of CA post-LFA, with notable advancements in crop rotation and minimum soil disturbance understanding. The LFA also positively influenced FFs' CA practices, particularly in minimum soil disturbances, permanent ground cover, and integration of agroforestry trees. While intercropping and crop rotation showed no significant change, the overall impact underscores the effectiveness of LFA in enhancing FFs' understanding and adoption of sustainable agricultural practices. The findings contribute valuable insights for governments, development agencies, and researchers working toward promoting CA and sustainable agriculture through the LFA approach, emphasizing its potential scalability and long-term sustainability Manuscript profile -
Open Access Article
478 - Attitude of follower farmers towards lead farmer approach in facilitating Conservation Agriculture practices in Kalira Extension Planning Area in Ntchisi District, Malawi
Daniel MatembaThis study explores the attitude of follower farmers (FFs) towards lead farmers (LFs) in facilitating Conservation Agriculture (CA) practices in the Kalira Extension Planning Area of Ntchisi district, Malawi. Despite governmental efforts to promote CA through the Nation MoreThis study explores the attitude of follower farmers (FFs) towards lead farmers (LFs) in facilitating Conservation Agriculture (CA) practices in the Kalira Extension Planning Area of Ntchisi district, Malawi. Despite governmental efforts to promote CA through the National Agriculture Policy of 2016, previous studies have indicated low adoption rates. This research employs a mixed methods approach, utilizing surveys and focus group discussions. Results reveal positive perceptions among FFs regarding LFs' competence in training, demonstrations, problem-solving, and other competencies. The majority of FFs perceive LFs as effective in imparting CA principles and conducting demonstrations. LFs' problem-solving abilities and additional competencies are well-regarded by FFs. The study concludes with a call for further research on socio-economic factors influencing sustained CA adoption and recommends establishing a continuous feedback loop between LFs and FFs to enhance knowledge exchange and address evolving challenges in CA practices. The findings contribute to the existing literature and provide valuable insights for agricultural and rural development initiatives. Manuscript profile -
Open Access Article
479 - Factors affecting lead farmers in facilitating conservation agriculture practices in Kalira Extension Planning Area in Ntchisi District, Malawi
Daniel Matemba Dalo Njera -
Open Access Article
480 - Citizens’ Educational Needs in an at-Risk Environment in Trinidad, West Indies
Cherisse Oliver Wayne G. Ganpat Wendy-Ann P. Isaac -
Open Access Article
481 - Sociological Analysis on the Procedure for the Treatment of Pedophilia in Jurisprudence and Law
Soudabeh Taheri Hasan AsadiVulnerable groups, including children, need special support in their particular circumstances through the adoption of differential policies. A differential policy in domestic law is presented as a specific crime in the field of children or in the form of intensified pun MoreVulnerable groups, including children, need special support in their particular circumstances through the adoption of differential policies. A differential policy in domestic law is presented as a specific crime in the field of children or in the form of intensified punishment. The procedure for the hearing of children and adolescents has a number of differentiated features in adulthood. Including the fact that police and judges exclusively or frequently involved in pediatric trials should be familiar with the creation of courses with a variety of sciences such as child psychology, social work and criminology. The hearing should be completely censored and protected by the child. It seems that the special procedure for the criminalization of children in customary law is inconsistent with Islamic law, and there are no indications and prohibitions on the application of this proceeding in valid jurisprudential texts. Manuscript profile -
Open Access Article
482 - Sociological analysis of lawyer's defense immunity in Iranian law
Abdul Ali Kodabakhshi karim salehi Mahdi DehshiriDefense immunity of lawyers as one of the most important pillars of the Iranian judicial structure includes guarantees related to defense in the constitution. The institution of advocacy also plays a role as one of the fundamental rays of normal proceedings in the judic MoreDefense immunity of lawyers as one of the most important pillars of the Iranian judicial structure includes guarantees related to defense in the constitution. The institution of advocacy also plays a role as one of the fundamental rays of normal proceedings in the judiciary. Therefore, this study was conducted with the aim of sociological analysis of the defense immunity of a lawyer in Iranian criminal law by descriptive documentary method. For theoretical literature, the views of Parsons, the Legislature, Durkheim's oversight, Habermas Civil Society, Marshall Civil Law, Bourdieu Institutional Trust, Kant & Rawls Justice, Popper, Berlin, and Sartre have been used. Documentary findings from the analysis of existing texts have shown that the defense immunity of lawyers in two main areas of sociology and law has been examined. In the sociological field, the findings show that the categories of rule of law, oversight, public sphere, civil society and institutional trust with social and theoretical mechanisms have led to the defense immunity of lawyers and government institutions using the separation of powers and creating free space in the development of individual freedoms And civil can create grounds for increasing legal powers to enhance the defense immunity of lawyers. In the legal sector, the lawyer is in a position to defend the respect and security of judicial employees, and in this way, with the strategies of the principle of dignity, protection of rights, realization of rights along with increasing oversight and guaranteeing judicial authority, defense immunity is achieved. Manuscript profile -
Open Access Article
483 - Analysis of Scientific–Executive Capability and Up-to-date of Iran's Parliament Approvals in Drought Crisis Management
جلال محمودزاده محمدصادق صبوری مهرداد نیکنامی الهام داناییخشکسالی به عنوان یکی از پیچیدهترین و در عین حال با کمترین میزان شناخت یا درک نسبت به سایر بلایای طبیعی از آغاز تمدن بشر تاثیراتی شدید و گاهی اوقات فاجعه آمیز بر فعالیتهای حیاتی انسان در سراسر جهان داشته است. در مقایسه با دیگر بلایای طبیعی، خشکسالی تعداد افراد بیشتر و Moreخشکسالی به عنوان یکی از پیچیدهترین و در عین حال با کمترین میزان شناخت یا درک نسبت به سایر بلایای طبیعی از آغاز تمدن بشر تاثیراتی شدید و گاهی اوقات فاجعه آمیز بر فعالیتهای حیاتی انسان در سراسر جهان داشته است. در مقایسه با دیگر بلایای طبیعی، خشکسالی تعداد افراد بیشتر و مناطق گستردهتری را تحت تأثیر قرار میدهد. خشکسالی یک فاجعه آهسته است که عواقب زیست محیطی، اجتماعی و زیست محیطی دارد. مدیریت بحران بخشی از چرخه مدیریت خشکسالی است در ایران مدیریت بحران، استراتژی محوری در مقابله با این پدیده می باشد قوانین و مقررات مربوط به مدیریت بحران بخشی اساسی از مدیریت بحران است که نقش هر یک سازمانها ، نهاد ، و آحاد جامعه را در بر خورد با پدیده خشکسالی مشخص می کند. یکی از مهمترین ایرادات در مدیریت بحران، فقدان قوانین و مقررات مناسب و اجرای آنها است. این مطالعه با هدف مرور مدیریت بحران خشکسالی با تاکید بر قوانین مصوب پارلمانی انجام گردید. این مطالعه نشان داد که قانونی جامع و مانعی برای خشکسالی در کشور وجود ندارد. اجرای قوانین موجود نیز با چالش هایی همراه بوده است .این مطالعه ممکن است به کاهش آسیب پذیری ها و تقویت هماهنگی در مدیریت بحران خشکسالی کمک کند. Manuscript profile -
Open Access Article
484 - The Law of One Price and the Cointegration of Meat Price in The Global Market: The Case of Iran’s Market
Behrouz Eskandarpour Parisa Khaligh Khiyavi Mohammad Kavoosi KalashamiIn view of the importance of the meat imports and the exports of meat in Iran, this study focuses on the status of the global market of meat imports the unit price test in these markets between the years 1961 and 2011 using the market cointegration approach. The results MoreIn view of the importance of the meat imports and the exports of meat in Iran, this study focuses on the status of the global market of meat imports the unit price test in these markets between the years 1961 and 2011 using the market cointegration approach. The results of this study are indicative of prices co-integration in the international market of meat as well as among such major importers as the US, Germany, Italy, Japan, France and Russia. However, the important point is that no price co-integration has been observed between the global prices of meat and the import price in Iran’s import market. Moreover, no law of one price has been established in Iran’s import market in the long term; and in this respect, these markets lack the appropriate efficiency. Manuscript profile -
Open Access Article
485 - The Impact of Companies Environmental Law on Earnings Smoothing
Vahid Bekhradi NasabThe decisions of managers and investors are in the direction of increasing returns and wealth, because in economics, with the assumption of the logic of the behavior of individuals, everyone is supposed to seek to maximize their wealth. So managers are no exception to t MoreThe decisions of managers and investors are in the direction of increasing returns and wealth, because in economics, with the assumption of the logic of the behavior of individuals, everyone is supposed to seek to maximize their wealth. So managers are no exception to this rule. Now, given their freedom of action in applying accounting procedures, managers want to know how these factors affect the accounting procedures of their wealth, so that they will use their profits to their advantage in order to maximize their wealth. May increase. Increasing the wealth of managers can be accompanied by a decrease in the wealth of other groups, including shareholders. The rate of profit smoothing and social accountability criteria is that how important these criteria are to investors when making economic decisions. At present, the growing flow of environmental law and social responsibility literature has begun to explore the relationship between environmental law and the functioning of financial markets. Therefore, in the present study, after the complete and comprehensive definition of environmental Law and accruals, an attempt has been made to examine the effect of environmental law on the smoothing of earnings as one of the dimensions of profit smoothing. The statistical population of this study includes all companies accepted in Tehran Stock Exchange during the period of 2009-2020. The sample size is based on a systematic elimination of 164 companies. Evidence suggests that environmental Law do not have an impact on the smoothing of earnings. Manuscript profile -
Open Access Article
486 - Identify and rank solutions to improve the status of intellectual property rights in digital libraries
Ali Rahimi Atefeh Amininia Seyedeh Niloufar ShamoradiObjective: The library is traditionally a repository of information, a place where information seekers come to find answers to their questions. Due to the development of digital libraries and the lack of comprehensive and up-to-date research and laws in this field and t MoreObjective: The library is traditionally a repository of information, a place where information seekers come to find answers to their questions. Due to the development of digital libraries and the lack of comprehensive and up-to-date research and laws in this field and the preservation of copyright in works, this article identified and ranked solutions to improve the intellectual property status of digital libraries.Methodology: The research method is applied in terms of purpose, in terms of the work process is a descriptive field research. The statistical population of digital library experts and lawyers was familiar with the subject and 30 people were purposefully selected as a sample. A researcher-made questionnaire was used to collect data, the validity of which was confirmed by experts and its reliability was confirmed by Cronbach's alpha of 0.77. T-test and Friedman test were used for data analysis and SPSS software version 25 was used for statistical analysis. Results: The research findings showed that software and hardware infrastructures with average rank (44.34), specialized manpower (35.77), copyright law (30.98), maintenance Intellectual property of the author (29.76), attracting financial resources (24.54), development of electronic publications (22.34), database security (21.54), culture of using libraries (19.80), conservation of resources Information (15/21) and interaction between users and library staff (12/54) were ranked first to tenth.Conclusion: Digital libraries with the facilities they provide create a favorable environment for the cycle of science in society, which today is considered more important than the production of science, and this has a great impact on the promotion of science. Therefore, the use of management mechanisms, human resource development mechanisms, legal mechanisms, content mechanism and service delivery can play an important role in the development of such libraries. Manuscript profile -
Open Access Article
487 - Citation analysis of M.S. theses of Architecture in Hamedan Islamic Azad University during years 2001-2008
reyhaneh IzadiPurpose: This research attempts to study the citation behavior in M.S. theses of Architecture at Hamedan Islamic Azad University during years 2001-2008, and determine the core sources. Methodology: Using bibliometric and citation analysis method, a statistical populati MorePurpose: This research attempts to study the citation behavior in M.S. theses of Architecture at Hamedan Islamic Azad University during years 2001-2008, and determine the core sources. Methodology: Using bibliometric and citation analysis method, a statistical population f 302 thesis with 8672 citations was studied. Findings: It was found that Persian books with 47.1% had the highest citations and Latin periodicals with 3.7% had the lowest citations. The average citation for each thesis was 28.7 citations. Linguistic distribution shows the high amount of citations to Persian with 87.2%. Half-life of information for Latin books is 11.63 years and for thesis is 3.88 years, showing the highest and lowest average, respectively. Also, time coverage of sources related to 1992-2001 includes 62.6% of all citations, while Persian books with 5.95% and Latin periodicals with 0.66% have the highest and lowest impact. The citation ratio to up-date sources in 2001 and 2005 are 2.5 and 0.42 sources, respectively. Conclusion: The journals follow Bradford’s law and core ones are “Architecture”, “Urban Planning”, and “Memar Serial”. Core Latin journals are “Review” and “A+U”. The most frequently used Persian and Latin books are “Climate & Architecture” and “Time saver for building types”, respectively. Among all citations, 55.4% are to Persian and Latin books, 24.1% to periodicals, 87.2% to Persian resources, 12.8% to Latin resources, 84.5% to printed resources, and 15.5% to non-printed resources. Accordingly, research hypotheses were confirmed. Manuscript profile -
Open Access Article
488 - The scientific productions of authors in the geology discipline in Web of Science (WOS) based on Bradford law and Lotka law
fahimeh mansoori Farideh Osare gholamreza HeydaryPurpose: The purpose of this study is Evaluation of reliability of Bradford law and Lotka law, two of the main and basic rules of scientomerics, In terms of current information, in order to test the frequency distribution of scientific productivity of authors and the sc MorePurpose: The purpose of this study is Evaluation of reliability of Bradford law and Lotka law, two of the main and basic rules of scientomerics, In terms of current information, in order to test the frequency distribution of scientific productivity of authors and the scientific Production of them in journals. Methodology: This study is descriptive - analysis and scientomtrics indicators have been used. For data analysis with Lotka law, the number of productions of authors was calculated. Then, to ensure results and confirmed the results mentioned, LOTKA software was also imposed. In order to test data on Bradford's law, this law was also used. Findings: The results showed that the scientific production of authors in the field of geology during 1990 to 2010 is not confirmed by Lotka law and the law was not dominating in this study. While in reviewing of Bradford law, the results indicates that Bradford is confirmed for the scientific outputs of authors is in the period of study. Conclusion: The results showed that in the test Lotka law with scientific outputs of authors in the field of geology during 1990 to 2010, this law was not approved. It seems that with the changes in co-authorship of scientific outputs, this law is not dominant and requires further investigation, so as a general principle, at all times, be used. In reviewing Bradford law, the results show that this law has been confirmed in the scientific outputs of the authors in the field of geology in the period of study. whereas the authors are used as subjects of the articles. In other words, the greatest number of authors (as topics of articles) has produced the lowest number of scientific outputs that these documents are the core documents and by the greatest participation of authors have written. Manuscript profile -
Open Access Article
489 - Citation analysis of resources used in the master dissertations of Chemistry at Ahvaz Shahid Chamran University and Shiraz University during 2002 to 2009
Abdolhossein Farajpahlou maryam zamaniPurpose: The present research mainly aims to survey M.Sc dissertations relevant to chemistry field in Ahvaz Shahid Chamran and Shiraz Universities during the years 2002 to 2009 in order to determine the most used scientific and information resources in surveyed disserta MorePurpose: The present research mainly aims to survey M.Sc dissertations relevant to chemistry field in Ahvaz Shahid Chamran and Shiraz Universities during the years 2002 to 2009 in order to determine the most used scientific and information resources in surveyed dissertations of these universities. Methodology: This research surveys 20320 bibliography resources which allocate to 244 M.Sc dissertations in chemistry (144 dissertations in Ahvaz Shahid Chamran University and 100 dissertations in Shiraz University) through citation analysis method. Analyzing the data, we used the descriptive statistics including frequency tables, average, percentage and etc. Then we inserted tables and diagrams via Excel 2003 software and SPSS 11. Findings: Among 100 surveyed dissertations in Ahvaz Shahid Chamran University, it was extracted 6400 bibliographic resources (1/4 percent) belonging to Persian resources and (98/6 percent) to the foreign ones. The investigation on the type of bibliographic resources in studied dissertations relevant to Shahid Chamran University in Ahvaz showed that totally the most bibliographic resources (84/7 percent) allocate to the journals with (84/7 percent). In surveyed dissertations of Shiraz University there are totally journals with (88/5 percent) in the first rate and the books with (8/7 percent). Conclusion: According to the research findings, the most bibliographic resources allocate to the journals. So, the core journals are identified on the basis of Bradford’s law. Averagely, each dissertation of Shahid Chamran University in Ahvaz includes 64 citations and each dissertation in Shiraz University includes 96/6 bibliographic resources. Manuscript profile -
Open Access Article
490 - Examining the role of urban rules and regulations on the organization of the image and landscape of Tehran
Islam Karmi Arzoo Vafaei, Masoud Yousefi Tadzker Naser Haj MohammadiThe urban landscape is the surface of contact between man and the phenomenon of the city, which is revealed through human experience and the interaction between man and the environment. The developments of the last few decades made it necessary to pay attention to the f MoreThe urban landscape is the surface of contact between man and the phenomenon of the city, which is revealed through human experience and the interaction between man and the environment. The developments of the last few decades made it necessary to pay attention to the facade and organize the urban appearance. A quick look at the appearance of the city today is proof of the above claim. In the meantime, the role of urban laws and regulations will be studied as one of the most important influencing factors in the formation of urban image and landscape. In this research, an exploratory analysis has been carried out and with the design of a questionnaire, the effective components in the formation of the urban view have been extracted in the form of a field survey, and after the analysis, we will provide practical and effective suggestions for architects and urban landscape designers. There are executive directors, specialized experts and experts in urban planning and architecture, and people living in the regions who have a frequent presence in the city. Manuscript profile -
Open Access Article
491 - سیاست جنائی تقنینی جمهوری اسلامی ایران و تأثیرپذیری از حوزه بین المللی
پرویز محمدنژاد محسن رهامی علی نجفی تواناچکیده : جهانی شدن به مثابه فرایندی است که در عرصه های گوناگون جنبه های زندگی بشر ارائه می شود.با توجه به رشدو گسترش اعمال مجرمانه در مقیاس جهانی، حوزه علوم کیفری و جنایی حایز اهمیت است. به نحوی که موجب انجام رفتارهای جنایی فراوانی در دنیا گردیده است.حقوق جزا با جهانی شد Moreچکیده : جهانی شدن به مثابه فرایندی است که در عرصه های گوناگون جنبه های زندگی بشر ارائه می شود.با توجه به رشدو گسترش اعمال مجرمانه در مقیاس جهانی، حوزه علوم کیفری و جنایی حایز اهمیت است. به نحوی که موجب انجام رفتارهای جنایی فراوانی در دنیا گردیده است.حقوق جزا با جهانی شدن پدیده مجرمانه که یک مشکل اساسی است، راهکارهای بسیاری را در عرصه داخلی و خارجی پیشنهاد کرده است.درحوزه ی جرم انگاری در ارتباط میان مقررات یا اسناد بین المللی و قوانین داخلی کشورها، اثر گذاری حقوق بین الملل کیفری و اسناد منطقه ای و بین المللی بر قوانین ملی بار شد مواجه شده است. در اسلام تردیدی در مشروعیت معاهدات بین المللی نیست چون انعقاد آنها راه و وسیله ای است برای تحقق اهداف عالیه اسلام و لذا حاکم و امام مسلمین می تواند با غیر مسلمین موافقت نامه هایی را چنانچه صلاح دین و امت باشد و یا موجب تالیف قلوب آنان به سمت مسلمین گردد منعقد نماید. لازم به ذکر است که عمده ترین اثری که قوانین جزایی جمهوری اسلامی ایران از جهانی شدن می تواند پذیرا باشد به قلمرو تعزیرات ارتباط می یابد برای آنکه محتوا و مبنای اینگونه از جرایم و اختیارات گسترده مقنن در تدوین و اجرای آنها، این امکان که اینگونه از جرایم با مقتضیات زمان و مکان و تحولات جامعه بین المللی قابل انطباق باشند را مهیا می سازد. Manuscript profile -
Open Access Article
492 - Considering the Coefficient of Relationship between the Students’ Attitude toward Social Networks Policy making with Social Security Feeling
Mohammadreza Rafiee Dowlatabadi Reza Abdolrahmani Yousef Torabi -
Open Access Article
493 - Relationship between the Rule of Law, Good Governance, and Sustainable Development
Tahmineh Rahmani Nader Mirzadeh Koohshahi -
Open Access Article
494 - The Political Thought of Darius the Great (522- 486 B.C.), the Legislator of Achaemenid Empire (A Study Based on Achaemenid Inscriptions in Old Persian)
Awat Abbasi -
Open Access Article
495 - Analysis of NGOs Advisory Status in International Environmental Law
Mahmood Golestani -
Open Access Article
496 - Viral World War (VWW): Where do COVID-19, Multilateralism and the International Law Stand?
Adib Bazgir -
Open Access Article
497 - A Comparative Study of Humanitarian law and Human Rights in Creating International Peace and Security
Alireza Mohammad Rezaei Maryam Moradi Abu Mohammad Asgarkhani -
Open Access Article
498 - A Comparative Glance at Thomas Hobbes and John Locke's Ideas on the Concept of Freedom
Khashayar Bourbouri Hosseinali Nowzari Reza Shirzadi -
Open Access Article
499 - Annulment of International Arbitration Awards in the Light of foreign Investment Law
Tannaz Koohpaie Mohsen Mohebbi Saeed Mansouri -
Open Access Article
500 - Guaranteeing the Implementation of the First Generation of Human Rights in Iran with an Emphasis on the Principle of the Rule of Law
Mohammad Reza Abbasi Hossein Rezaei Hossein MonavariChallenges and distinctions between human rights and individual freedoms in Iran and international law have been one of the controversial topics in the domestic and international fields in recent years. And the inner belief in the fundamental human rights and the high d MoreChallenges and distinctions between human rights and individual freedoms in Iran and international law have been one of the controversial topics in the domestic and international fields in recent years. And the inner belief in the fundamental human rights and the high dignity of man has been raised and paid attention to in the most important global and regional organizations; and therefore, promoting and respecting these privileges, in the field of supporting the preservation of these regulations, despite many obstacles, many of which are summarized in the "sovereignty of governments", has traveled a very difficult path. In this article, we are trying to answer this question by using the descriptive-analytical method: can guaranteeing and legal guarantees for individual freedoms in the first generation of human rights in Iran in the light of the rule of law, can guarantee individual rights? In this regard, we will examine the theories of the declaration of human rights, the legal laws of the first generation of human rights; And we have reached various findings, such as fundamental human freedoms, declarations of the first generation of human rights, human rights and citizenship in Iran, the rule of law in Iran, the rule of law and human freedom, and the executive guarantee of human rights in Iran. Manuscript profile -
Open Access Article
501 - Constitutionalism and teh Concept of Law in Mirza Naini’s Political Thought
Mohammad Yeganeh بهنام جودی -
Open Access Article
502 - National Security Law as the New Basic Law of Hong Kong
سید رضا حسینی -
Open Access Article
503 - Turbulent state of legislative management in Iran
Mohammad javad Hosseini Hadi Ramezanian fahandariLegislation covers the major activities of the parliament, and the abundance of laws approved by the parliament shows that this overshadows other duties of the parliament. In every legislative period, many plans and bills are presented and approved in the parliament, an MoreLegislation covers the major activities of the parliament, and the abundance of laws approved by the parliament shows that this overshadows other duties of the parliament. In every legislative period, many plans and bills are presented and approved in the parliament, and in order to be implemented, many regulations are established by the government, and besides that, other government institutions also have mandatory approvals, which in general causes the inflation of laws and the confusion of the executives and subordinates and their lack of correct implementation. Scrutiny in the legislative procedure shows lack of proper and efficient management of the legislative process and the lack of management has caused many laws to be added to the total laws of the country every year. In this article, the challenges ahead for the correct management of legislation are depicted in a descriptive-analytical way. In order to properly manage the legislation, one should first assess the legislative needs, look at the history to see how far the previous laws or their amendments will meet the new needs, and with the foresight, proceed to approve new laws and cancel previous conflicting and abandoned laws. This requires correct and efficient management of the legislative process. Manuscript profile -
Open Access Article
504 - People-centered principle with emphasis on cooperatives in the general policies of resistance economy
rasool ahmadi beni faramarz atrian seyed mohammad mahdi ghamamyManaging affairs by relying on public participation and votes is one of the important and unchanging principles of the Constitution. In addition, according to the constitution, taking advantage of the economic participation of the people and creating its grounds is one MoreManaging affairs by relying on public participation and votes is one of the important and unchanging principles of the Constitution. In addition, according to the constitution, taking advantage of the economic participation of the people and creating its grounds is one of the duties of the government. This issue has been emphasized. Considering this importance, the general policies of the resistance economy have also based their foundations on the people-organizational economy and have turned their attention to the cooperative economy. The development of cooperation in order to realize the principle of people-centeredness requires a strong national determination and the creation of necessary legal and legal measures to pave the way and remove the obstacles on this path. In this research, the subject was investigated with an analytical method and while defining the resistance economy, the laws related to the people-centered principle were analyzed and finally the conclusion was reached that the general policies of the resistance economy in order to realize the people-centered principle. It is central and many laws are directly and indirectly related to this issue. Manuscript profile -
Open Access Article
505 - The Paradigm Model of Professional Behavior Responsibility of Employees with Emphasis on the Twentieth Paragraph of the General Policies of the Administrative System
Reza Bidabadi Amin Kumars Ahmadi Adel SalavatiResponsibility and responsible behavior have always been considered by managers and organizational planners as a plan for sustainable development and growth in organizations. The purpose of this study was to develop a paradigm model Professional Behavior Responsibility MoreResponsibility and responsible behavior have always been considered by managers and organizational planners as a plan for sustainable development and growth in organizations. The purpose of this study was to develop a paradigm model Professional Behavior Responsibility of Employees with emphasis on the twentieth paragraph of the general policies of the administrative system. Research in terms of constructivist philosophy and in terms of the nature of research is qualitative with inductive approach and in terms of nature, it is exploratory research. Participants in the study included 15 specialists and experts in the field of public administration, faculty members of universities who had executive experience in government organizations. Sampling was performed in a targeted manner. The study continued until theoretical saturation. Data analysis was performed based on Strauss and Corbin method. Interview analysis was performed using MAXQDA, 12 software. Coding stage 143 basic concepts and 33 pivotal concepts were identified. The six dimensions of the paradigm model of causal conditions (7 codes), contextual conditions (3 codes), strategies (7 codes), axial phenomenon (6 codes) intervening conditions (3 codes) and consequences (7 codes) were calculated. So, for establish the responsibility, managers should pay special attention to combating indifference and developing an organizational culture based on professional ethics Manuscript profile -
Open Access Article
506 - Solubility of carbon dioxide in 1-butyl-3-methylimidazolium nitrate ionic liquid at high pressure
Mojtaba Mirzaei Faezeh Azimi Babak Mokhtarani Ali SharifiThe experimental data of CO2 solubility in the ionic liquid 1-butyl-3-methylimidazolium nitrate [Bmim][NO3] were obtained in the temperature range of 25-60 oC and the pressure up to 4.6 MPa. The adsorption process was studied in a double-walled stainless steel batch rea MoreThe experimental data of CO2 solubility in the ionic liquid 1-butyl-3-methylimidazolium nitrate [Bmim][NO3] were obtained in the temperature range of 25-60 oC and the pressure up to 4.6 MPa. The adsorption process was studied in a double-walled stainless steel batch reactor with the operational capability of bearing pressure up to 10 MPa, which was equipped with a mechanical stirrer, pressure and temperature sensors. By sarting the CO2 adsorption process, the pressure inside the reactor began to drop, and the equilibrium point was when there was no pressure drop within 15 minutes. The findings showed that the solubility of CO2 in [Bmim][NO3] increased with increasing pressure and decreasing temperature. By entering the equilibrium points obtained from the experiments in the Span-Wagner equation of state, the molar volume (Vm) and fugacity (fCO2) were obtained, which were finally used to obtain the Henry's law constants at zero pressure of CO2 (K°H,CO2) in the ionic liquid [Bmim][NO3]. Manuscript profile -
Open Access Article
507 - Critique of the criminalization of pretending to be a forbidden act in Iranian criminal law
yavar jalaeian saleh mahdi momeni alireza saberyan Mohammad Rouhani MoghaddamAbstractThis study was conducted with the aim of recognizing the nature of pretending to commit a forbidden act and evaluating its position in the jurisprudential-legal dimensions and in terms of the method of data collection as documents and in terms of the method of d MoreAbstractThis study was conducted with the aim of recognizing the nature of pretending to commit a forbidden act and evaluating its position in the jurisprudential-legal dimensions and in terms of the method of data collection as documents and in terms of the method of data analysis by descriptive-analytical method. In Article 638 of the Islamic Penal Code (approved in 1996), pretending to commit a forbidden act is considered a crime. The ambiguity of the mentioned title, due to the lack of expression of its examples in the criminal regulations and the inadequacy of the legislator in determining the punishment for the forbidden act in this article, has faced many problems in its implementation. In the present study, by referring to the sources of Islamic law, the principles of the constitution, the principles of criminal law and judicial procedure and doctrine, the method of legislating criminalization in the mentioned article and the need for the legislator to pay attention to Sharia and constitutional principles and rules of criminal law And we came to the conclusion that if the legislative will is based on criminality to commit haram acts, it must define and specify its instances precisely in the penal regulations. Before amending this article, criminal judges are presumed to observe the principle of legality of crime and punishment and the principle of interpretation of criminal law in favor of the accused, citing Article 37 of the Penal Code, in cases of lack of text, ambiguity and conciseness, in a more balanced way. And act closer to the goals and purposes of the Shari'a and in many cases issue a verdict of innocence to the accused. Manuscript profile -
Open Access Article
508 - Limitation or Extension of Competition Law from the Point of the View of Imamiah Jurisprudence (Case Study of Lazarar, Yad, Taslit, Jurisprudential Rulest and the institution of Hesbah)
Adel Ebrahimpoor Asanjan alireza naseriCompetition is one the important matters in nowadays economics which its effects on countries economy is at high importance. According to Iranian constitution and priority of Islamic rules and jurisprudence to other legal sources in any fields, analysis on compliance or MoreCompetition is one the important matters in nowadays economics which its effects on countries economy is at high importance. According to Iranian constitution and priority of Islamic rules and jurisprudence to other legal sources in any fields, analysis on compliance or noncompliance of Islamic rules with competition Acts and regulations is at great importance, since its sequences on country economy has determinative role. Some of Islamic rule such as “la zrar” seems to be in compliance with competition and others such as “yad” doesn’t have this feature. The other issue should be mentioned in this article is scope of government interference in economy and its analysis according to Islamic rules and jurisprudence based on pros and cons opinions through descriptive-analytical method. It is concluded that the concepts and issues related to competition rights can be seen in the original Islamic resource more frequently than within the framework of laws and regulations of Islamic Republic of Iran Manuscript profile -
Open Access Article
509 - Legal analysis of urban laws with emphasis on the concept of the right to the city And its relation to citizenship rights
Maryam Afshari Elham PourmahabadianThe right of the city is an issue of a social, political and legal that, by redefining the concept of citizenship, demands a legal set to make the context of urban life more transparent and fair. In this article, we first tried to explain a set of general norms of citiz MoreThe right of the city is an issue of a social, political and legal that, by redefining the concept of citizenship, demands a legal set to make the context of urban life more transparent and fair. In this article, we first tried to explain a set of general norms of citizenship by exploring the theory of the right to the city and the concept of urban justice. Given these theories and the idea of the concept of citizenship from the point of view of theorists in these fields, each person acquires a set of social rights by being present in the city and playing an active role in it. Based on the studies, it was concluded that legal sets such as the right to use urban spaces, freedom, democracy, participation, etc., can be defined as general norms that address the issue of citizenship in the city. Finally. An attempt was made to explain a comprehensive theoretical framework in this regard by applying the general norms of citizenship with the characteristics of citizenship and urban law and the qualitative characteristics of urban design proposed by experts in this field.. Manuscript profile -
Open Access Article
510 - The plurality of contract parties under Iranian law and principles of European contrary law
Hossein Zare Shaar Saghar AmiriIn lranian civil law,in discussing convection some rules has been legistated on intractors and convinced that each part of contract is only one person.Although ,in many contract each party is more than one person.In this research commitment,law,duties and responsibility MoreIn lranian civil law,in discussing convection some rules has been legistated on intractors and convinced that each part of contract is only one person.Although ,in many contract each party is more than one person.In this research commitment,law,duties and responsibility of each party is studied.The obligations and assignment pf a cotract must be specified,otherwise,the rules and the principles should be find for it.To compensate for losses offending of the implementation of the commitment,responsibility,contract each of tge parties. for this cases in Eurupean contracts principles is assigned surety responsibility.But in Iran the principles is based on equality that is not defended and the rights that belong to each of the parties should be discussed. Manuscript profile -
Open Access Article
511 - Identifying the factors of law evasion in the sports and youth department of Kerman province
sajad shamsinia mohammad pourranjbarThis research was conducted with the aim of identifying the factors affecting lawlessness in sports and youth departments of Kerman province. The research approach is qualitative. The participants in this research included elites in the field of organizational behavior MoreThis research was conducted with the aim of identifying the factors affecting lawlessness in sports and youth departments of Kerman province. The research approach is qualitative. The participants in this research included elites in the field of organizational behavior in sports. The selected sample is done by the theoretical method and its judgment type. In this research, based on the four criteria proposed by Goba and Lincoln, validity, confirmability, reliability and transferability were considered in order to increase the quality of the research. Retest reliability method was used to measure reliability, which refers to the consistency of data classification over time. The intra-subject agreement is equal to 0.87 which is suitable. Based on the findings of the interview, the factors affecting law evasion in sports and youth departments of Kerman province include inefficient structure, inefficient management, regulatory laws, individual and social norms. The category of inefficient structure includes the components of inappropriate organizational culture, inappropriate organizational structure, lack of stability, lack of meritocracy. The category of ineffective management includes the weakness of creativity and innovation, injustice and inequality, unreasonable management style; The category of regulatory laws includes weak laws and regulations, weak monitoring and inspection; The category of individual and social norms includes individual spirituality, tendency to individualism, individual values, media characteristics, and cultural and social values. Therefore, in order to reduce lawlessness, these components should be carefully examined and controlled. Manuscript profile -
Open Access Article
512 - Credit Rating of Companies Listed on Tehran Stock Exchange Using the EMS Approach
Seyedeh Mahboobeh Jafari Maysam AhmadvandThis research paper aims to determine credit ratings of Tehran stock exchange companies listed between 1388 and 1392 using a scoring system named EMS approach. The EMS approach is an enhanced version of Altman Z-Score model (Altman, 1968). Unlike the original Z-Score mo MoreThis research paper aims to determine credit ratings of Tehran stock exchange companies listed between 1388 and 1392 using a scoring system named EMS approach. The EMS approach is an enhanced version of Altman Z-Score model (Altman, 1968). Unlike the original Z-Score model, the EMS approach can be applied to manufacturing, non manufacturing, privately held and publicly owned firms in developed or emerging markets. This approach incorporates particular credit characteristics of emerging markets’ companies, and is a suitable tool for determining their credit ratings. The EMS approach combines fundamental credit analysis and rigorous benchmarks to reach a modified rating, which can then be compared to agency ratings and market levels. According to surveys and with regard to financial information of companies subject to article 141 of Iran’s commerce law, we found that during research time period, the EMS approach could classify failed companies (subject to article 141) with more than 96 percent accuracy. Results indicated that some of sample companies listed on Tehran stock exchange were financially distressed or in grey zone, and this could be considered by investors and lenders. Manuscript profile -
Open Access Article
513 - تحقیفی درواژگان صرفی و لغوی در آموزش زبان انگلیسی برای اهداف دانشگاهی: بافت متنی حقوق بین الملل *1.(نویسنده مسئول) محسن عادل، 2. احمد محسنی
محسن عادل Ahmad Mohseniآموزش زبان انگلیسی رشته حقوق با اهداف بین المللی در مواردی نیازمند تجدید نظر در همبستگی مفاهیم صرفی و واژگانی در انتقال معادل های رساتر از متون انگلیسی حقوقی به ترجمه فارسی می باشد.عدم قطعیت درتفسیر مفاهیم مقررات قراردادهای چند ملیتی مانند برنامه جامع اقدام مشترک، حاصل Moreآموزش زبان انگلیسی رشته حقوق با اهداف بین المللی در مواردی نیازمند تجدید نظر در همبستگی مفاهیم صرفی و واژگانی در انتقال معادل های رساتر از متون انگلیسی حقوقی به ترجمه فارسی می باشد.عدم قطعیت درتفسیر مفاهیم مقررات قراردادهای چند ملیتی مانند برنامه جامع اقدام مشترک، حاصل از موارد زبانی ، می تواند منجر به اختلافات حقوقی گردد. درانتقال مفهوم معادل بین زبانی ، پیچیدگیهای گفتار قانونی قابل انتظار است. افتراق محتمل بین زبانی مانند ابهام و هم پوشانی مفهوم ارجاعی با توجه به جزئیات نظام واژگان حقوقی ، حوزه مطالعاتی است که این تحقیق بر نوسانات بین زبانی با ارجاع خاص به زمینه های قانونی متمرکز می باشد. ازاین روی، تلاش بعمل امده تا اختلافات احتمالی در مفاهیم متناظر با توجه به همبستگیهای صرفی و واژگانی بین محتوای متنی زبان مبدا و مقصد حاصل گردد.در رویکردی پیمایشی، پنجاه موضوع حقوقی اصلی گرداوری گردید که انعکاس دهنده مفاهیم پیچیده تر می بود. این واژگان ها برگرفته از کتاب درسی دانشگاهی حقوق جزا نوشته الیوت و فرانسیس می باشد. سپس داده های واژه های ترجمه شده از طریق پنج منبع دانشگاهی فارسی مورد تجزیه و تحلیل قرار گرفت. پس از آن، اطلاعات بهدستآمده در نمودارها و جداول ارائه گردید که حاکی از یک الزام روری برای به حداقل رساندن افتراقات احتمالی ناشی صور مفاهیم قانونی و کاربردهای لغوی آن می باشد. علاوه بر این، یافتهها دریافتی حاکی از ارتباط مورفولوژیکی بیشتربه گونه رتبه می باشد و همپوشانی-همبستگی معنی داری در مفاهیم حقوقی از شکل و مفهوم واژگان است. Manuscript profile -
Open Access Article
514 - انشا
Alireza Salehi -
Open Access Article
515 - Jurisprudential and legal analysis of online transactions (compared to traditional and transactional transactions)
Masumah Keshwari Yunes Wahed Yarijan Sayyed Husayn Sadjadiهدف پژوهش حاضر، تطبیق و مقایسه خصوصیات و ویژگی های معاملات اینترنتی با اقسام معاملات دیگر از جمله بیع معاطاتی است. این تحقیق به روش کتابخانه­ای و اسنادی انجام و با مرور پیشینه­های مرتبط با حوزه­ی تجارت الکترونیک و معاملات اینترنتی از منظر فقهی و حقوقی پردازش Moreهدف پژوهش حاضر، تطبیق و مقایسه خصوصیات و ویژگی های معاملات اینترنتی با اقسام معاملات دیگر از جمله بیع معاطاتی است. این تحقیق به روش کتابخانه­ای و اسنادی انجام و با مرور پیشینه­های مرتبط با حوزه­ی تجارت الکترونیک و معاملات اینترنتی از منظر فقهی و حقوقی پردازش شده است. در زمینه مباحث فقهی و حقوقی ماهیت قراردادهای اینترنتی، دیدگاه جدیدتری می­طلبد، چرا که یافته های پژوهش حاکی از این است که: از نظر عدم بیان لفظ، معاملات معاطاتی، نقاط مشترکی با معاملات الکترونیکی دارد که در پژوهش­های قبلی به این مهم کمتر پرداخته شده است. از آنجا که تجارت الکترونیک روش­های سنتی تجارت را تحت الشعاع قرار داده و فقها و حقوقدانان را برآن می­دارد تا با نگاهی نو و متفاوت، ارائه دهنده مباحث جدید در این زمینه باشند، در عصر فناوری­های اطلاعاتی و ارتباطی که در هر زمان و مکانی می­توان قراردادهای الکترونیکی را منعقد نمود؛ معاملات اینترنتی معتبر تلقی می شود و روشهای سنتی تجارت را دچار تغییر وتحول می­نماید و سرعت و صرفه­جویی در زمان و انرژی را در پی دارد. نتایج پژوهش حاضر، بیانگر این است که درمعاملات اینترنتی نه تنها مانند معاملات معاطاتی به غیر از اینکه لفظی بین دو طرف معامله، مبادله نمی­شود؛ بلکه تفاوت­های دیگری نیز با معاملات سنتی دارد؛ از جمله اینکه دو طرف معامله هیچ شناختی از هم نداشته و در یک مکان و زمان مشترکی روبروی هم قرار ندارند. Manuscript profile -
Open Access Article
516 - The scope and limitations of arbitration in resolving disputes in Iranian law
Yasaman Saeidi Abd A-Reza Jamal Zadeh Ahmad Baqeri Arbitration is one of the most important non-judicial methods that is mostly used in jurisprudential texts. In jurisprudence, it is called arbitration and refers to a technique that takes place outside the tense environment of justice and in a friendly environment More Arbitration is one of the most important non-judicial methods that is mostly used in jurisprudential texts. In jurisprudence, it is called arbitration and refers to a technique that takes place outside the tense environment of justice and in a friendly environment with cooperation, in the presence of an impartial third party, this person or third parties or the companions themselves voluntarily. Or it is mandatory for the court to decide for them, but the important point is that the verdict issued by a third party is binding on the parties. This is the reason why arbitration is so close to judicial and judicial methods. As a rule, not every civil dispute can be referred to arbitration, as well as disputes that are both related to public order and good morals, as well as claims that the legislator has explicitly mentioned, such as bankruptcy, litigation on the principle of marriage, the principle of divorce and Genealogy cannot be referred to arbitration, which we will address in full in this study. The main purpose of writing this study is to analyze the realm of arbitration in order to identify and expedite the resolution of disputes, as well as its legal consolidation in reducing the costs and litigants' referrals to courts and delays. Of course, the study on the field of arbitration showed that due to the many advantages of non-judicial methods, but it also has many shortcomings and limitations that with the adoption of new laws in accordance with legal rules and standards and amending existing laws may be a clear horizon to develop this The institution promises. Manuscript profile -
Open Access Article
517 - The Psychological Manifestations of Myths in the Poetry of Ahmad Shamloo and Amal Abul-Qassem Donqol; An Analysis Based on Jung's Principle of Opposites
Fereydoun Tahmasebi Shabnam hatampoor Farzaneh Sorkhi Nasrin BigdeliAccording to Jung's principle of opposites, opposites are one of the most important factors in the growth and flourishing of personality in the collective unconscious. In addition to causing changes in personality structure, opposites motivate all human behavior and are MoreAccording to Jung's principle of opposites, opposites are one of the most important factors in the growth and flourishing of personality in the collective unconscious. In addition to causing changes in personality structure, opposites motivate all human behavior and are source of all the psychic energy. According to this psychological principle, a person who suffers from psychological stress, tries to relieve voluntarily his/her stress and move towards perfection. By using analytical-comparative method and with the aim of showing the function of psychic energy in mythological characters, the present article tries to study the degree of impressionability of poets such as Ahmad Shamloo and Amal Abul-Qassem Donqol from myths. The results show that in the face of the misfortunes and failures of the world around them, these two modernist poets have used the technique of mask (persona) and have depicted the mythological characters; in this way, they have masterfully created new myths in their poems under the influence of ancient myths Manuscript profile -
Open Access Article
518 - The Wise Fools (Uqalā al-Majānin) and Sufis; A Study Based on the Views of Ibn Arabi and Ayn al-Quzat
Ali Rahimi Hatef Siahkoohian Jamshid sadriIn mystical texts, the abrogation of Islamic Laws by wise fools (Uqalā al-majānin) is one of the most frequent issues that has been interpreted in various ways. By using descriptive- analytic method, the present article attempts to explain the theoretical approaches of MoreIn mystical texts, the abrogation of Islamic Laws by wise fools (Uqalā al-majānin) is one of the most frequent issues that has been interpreted in various ways. By using descriptive- analytic method, the present article attempts to explain the theoretical approaches of Sufis about the abrogation of the Islamic Laws by wise fools and to recognize the causes of it from their point of view. An attempt is made to answer these questions: In mystical anthropology, which human faculty is related to Islamic Laws? If the intellectual faculty declines, is there any other faculty related to these Laws? Considering the fact that the wise fools have a kind of intellect, can they be considered as obligated to enforce Islamic Laws like other wise men? The findings of the study show that the Sufis believe that the wise fools receive Divine inspirations and experience a state of intoxication and these spiritual modes justify their behavior. According to some Sufi theories, the decline of intellect and consequently the abrogation of Islamic Laws is a gift from God; and some Sufis consider the intoxication state of a wise fool as constant praying. The aim of the research is to study the reasons for the abrogation of Islamic Laws by wise fools from the point of view of Sufis, especially Ibn Arabi and Ayn al-Quzat Hamadani. Manuscript profile -
Open Access Article
519 - The globalization of human rights standards and its effects in Iran's legal system
shabodin qasemi zeinab poor Khaghan Shah Rezaei leila raisiField and Aims: The impact of international laws on the normative system of internal laws of countries, especially in the field of law, is one of the interdisciplinary and important issues that is the subject of debate and challenge today. In the internal legal system, MoreField and Aims: The impact of international laws on the normative system of internal laws of countries, especially in the field of law, is one of the interdisciplinary and important issues that is the subject of debate and challenge today. In the internal legal system, obstacles such as giving authenticity to cultural relativism and favoring a specific culture and legal system are an obstacle in this way, that is, the influence of international laws and regulations on the field of domestic law. Different parts of a coherent legal and judicial system, as they exist in internal law, can also be seen in the international law system in a different way. In Iran's legal system, many values of international law have been effective on the approval and change of procedural and substantive laws.Method: The research method is descriptive and analytical.Finding and Conclusion: The main research question is what are the effects of the globalization of human rights on Iran's legal system? The author's hypothesis is that the components of human rights have found a global form as norms of international law. And although it could not affect the constitution It has affected the internal system and especially the human rights of the countries It has affected the internal system and especially the human rights of the countries. Manuscript profile -
Open Access Article
520 - A comparative study of the conditions and effects of the dissolution of design and construction contracting contracts in Iranian and British law
mohsen kheiri mohamadreza pirhadi bakhtiyar abasloDissolution in its general sense is one of the most complex and important issues of contracts, especially in contractual agreements. "Design and construction" contracting contracts are widely used in civil and industrial projects and have similar and standard examples i MoreDissolution in its general sense is one of the most complex and important issues of contracts, especially in contractual agreements. "Design and construction" contracting contracts are widely used in civil and industrial projects and have similar and standard examples in the Iranian and British legal systems. In the United Kingdom, the example of the famous GTC contracts, and in Iranian law, the example of industrial design and construction contracts (known as EPC) and non-industrial (known as design and construction) contracts have many applications in this field. We will see that the rules and effects of dissolution of the contracts mentioned in Iranian law, although much more advanced and more carefully written than its predecessor, which is the "general terms of the contract", but the government's view of contract contracts in some cases balance the contract. It has led to the interests of the employer, which will be a major obstacle to the success of the contract and the reduction of claims arising from it. Certainly, using the experiences of other legal systems, including the British legal system in this field, while laying the groundwork for understanding new aspects and lesser-known principles, can enable the domestic legislature to provide an example of a comprehensive contract that explicitly states the obligations of the parties and its effects. Be helped. Manuscript profile -
Open Access Article
521 - Cyber attacks and the need to respect the basic principles of humanitarian law in them
Azar Givkey Mohammad Ali Kafaeifar Mohammad Taghi RezaeiAlong with the increasing progress of communication sciences and information technology, we are witnessing the change of battlefields, from land to its traditional sense to land in the virtual sense, and the use of force and hostile actions in cyberspace through cyber a MoreAlong with the increasing progress of communication sciences and information technology, we are witnessing the change of battlefields, from land to its traditional sense to land in the virtual sense, and the use of force and hostile actions in cyberspace through cyber attacks. Cyber-attacks, like other attacks in traditional ways, have been identified as a manifestation of the coercion of countries against each other, and given their destructive and sometimes catastrophic effects, the need to adhere to the principles and rules of international humanitarian law seems clear. Arrives. In this research, an attempt has been made to describe the basic principles of international humanitarian law in relation to cyber attacks and wars from a descriptive-analytical point of view, after defining the basic principles of international humanitarian law and reviewing Tallinn's guidelines as a document. Non-binding In order to customize the international law related to cyber attacks, the necessity of observing these principles has been proven according to the predictable conditions in cyber attacks and to generalize these basic principles to cyber attacks. Manuscript profile -
Open Access Article
522 - Coercive guardianship in Iranian law and a similar institution in American law
hasan falah javad ganji behnam ghanbarporField and Aims: Islamic law in the countries that follow the Imami jurisprudence has given guardianship of the child to the father, and also placed the paternal grandfather on the same level as the father, and each of them has compulsory guardianship to manage financial MoreField and Aims: Islamic law in the countries that follow the Imami jurisprudence has given guardianship of the child to the father, and also placed the paternal grandfather on the same level as the father, and each of them has compulsory guardianship to manage financial affairs. And the minor's non-financial status and his legal representation, whether during the other's lifetime or after his death. According to the civil law, the father has compulsory guardianship, but the mother is deprived of the right of guardianship over her child, unless the mother becomes the special guardian according to the will of the father. This is despite the fact that in many countries, the benefit of the child is often considered and not the gender of his parents. In the previous laws of America, as in Iran, it was the father whose role in custody was important, and the mother was deprived of all custody rights of her child. Therefore, in this research, we are going to examine what is the position of coercive guardianship in Iranian and American law?Method: This article has been done in a descriptive-analytical way.Finding and Conclusion: Legal custody is a right and obligation that is given to parents to make important decisions in the child's life after divorce. With the passage of time and changes in the laws, the mother also had rights and duties alongside the father. The benefit of the child is the most important change in custody rights, and the courts should give custody to the most qualified person, either the father or the mother, based on the hypothesis of the best interest of the child. . The examination of the legal system of Iran and the United States shows that there are basic similarities and some important differences in the two legal systems of Iran and the United States regarding guardianship and guardianship of children. Manuscript profile -
Open Access Article
523 - Developments in issuing a title deed based on Articles 147 and 148 of the Registration Law and comparing it with the issuance of a title deed in the Law on Assignment
khalil amini amirabbas bozrgmehr heydar hassanzadehOne of the most important rights for citizens in most countries of the world and is recognized in law is the right to property. Ownership refers to a relationship that is established between a person and an object or means, and if this relationship is established legall MoreOne of the most important rights for citizens in most countries of the world and is recognized in law is the right to property. Ownership refers to a relationship that is established between a person and an object or means, and if this relationship is established legally and legally, it creates the right of ownership, and the government is obliged to recognize the person as the owner. And the owner finds the right to any possession that is not against the law in his property. The legislature has taken steps to register and identify works that may have property rights, one of which is the issuance of official documents. From a legal point of view, there are different ways to register a document and issue official documents for them. One of these methods is issuing an official document based on Articles 147 and 148 of the Registration Law. In this research, which has been written in a descriptive-analytical method with the aim of studying the developments regarding the issuance of title deeds based on Articles 147 and 148 of the Registration Law and the Law on Assignment, it concludes that: 148 Amendment of the registration and finally the law of assignment, to facilitate the process of issuing a title deed to the occupants who have used their property for some time and due to legal obstacles, it has not been possible for them to obtain a title deed. Manuscript profile -
Open Access Article
524 - Investigating religious extremism in Afghanistan and Syria in the framework of international law and Russia's foreign policy strategy
Syed Nuruddin Vahadpur Mohsen Diyanat soheil soheilyOne of the challenges of the international system (international organizations and norms as well as countries) in the Middle East region and specifically in Afghanistan and Syria is the spread of extremism (religious and ethnic, etc.). Although this issue can be investi MoreOne of the challenges of the international system (international organizations and norms as well as countries) in the Middle East region and specifically in Afghanistan and Syria is the spread of extremism (religious and ethnic, etc.). Although this issue can be investigated from different dimensions, the purpose of this research is to investigate this issue in Afghanistan and Syria within the framework of international law and Russia's foreign policy strategy. The main question of the article is how the issue of religious extremist groups and their actions as well as the way they are dealt with (states and transnational institutions) are viewed in international law and on the other hand in the foreign policy of Russia in the Middle East. Is? The method of conducting this research is qualitative. The method of data collection is also a library, and the descriptive descriptive method was used to analyze the information. The results of the article show that the main danger of religious extremism in terms of international law is violation of human rights, international peace and security, terrorism and religious freedom within the framework of liberalism discourse. On the other hand, although the Russians have the same interests as Western countries in issues such as the fight against terrorism, the peace process, the prohibition of the proliferation of weapons of mass destruction, the fight against drug trafficking and organized crime, however, in issues such as changing the regimes Political, Manuscript profile -
Open Access Article
525 - Crisis Factories in Iranian Law with a Look at the Laws of the United States and France
Shahrokh Sayadian Mohammad Saghari Farid MohseniField and Aims: With the enactment of the Commercial Code in 1996, the custom of commercial usury during the constitutional period was abolished, and with the dissolution of the Commercial Court, only this bankruptcy became dominant only due to non-payment of debt at ma MoreField and Aims: With the enactment of the Commercial Code in 1996, the custom of commercial usury during the constitutional period was abolished, and with the dissolution of the Commercial Court, only this bankruptcy became dominant only due to non-payment of debt at maturity. On the other hand, the late conclusion of the composition need, due to the lack of a preventive aspect to the bankruptcy order, practically failed to prevent the liquidation of the merchant's property. The rule of law of liquidation and attention to the interests of creditors also led to the neglect of other components such as factory maintenance and employment of workers and property rights of the debtor.Methodology: The research method is comparative-analytical and the data collection method is documentary research. The data analysis method is a descriptive-analytical approach.Findings and Conclusion: In the bankruptcy regulations, efforts have been made to preserve the factory and to express the difference between stoppage and bankruptcy, but due to insufficiency and inconsistency with the provisions of the Commercial Code, it has not achieved much success in reviving crisis-prone factories. Examining the process governing the above-mentioned regulations and comparing it with the reconstruction institution confirms the necessity of changing the philosophy of bankruptcy law. Manuscript profile -
Open Access Article
526 - Iran's international judicial policy regarding the assassination of personalities with a look at the assassination of Lieutenant Sepahbod Qassem Soleimani
mohamad salehi Shahrdad darabi alireza saiedField and Aims: So far, many actions have been taken against Iranian officials and scientists with the aim of assassinating them and martyring them. Based on this, the American government martyred Sepahbod Qassem Soleimani near the Baghdad airport during an operation in MoreField and Aims: So far, many actions have been taken against Iranian officials and scientists with the aim of assassinating them and martyring them. Based on this, the American government martyred Sepahbod Qassem Soleimani near the Baghdad airport during an operation in 2020. This action was carried out by the order of the President of the United States, Donald Trump, in the form of a drone attack on the territory of Iraq, which violated many international regulations.On the other hand, the Iranian government took measures to counter it, which are part of these measures in the form of legal and judicial measures, which were examined in this research to finally clarify Iran's judicial policy in this field.Finding and Conclusion: Regarding the false claim of the United States that there is a security agreement with Iraq, it should be acknowledged that with reference to Article (3) of this agreement, it is clear that the authorization of terrorist acts or any military operations by the United States on the territory of Iraq, which is in clear contradiction In compliance with the laws, international customs, conventions of the Iraqi government and the spirit that governs it, it is invalid and free from any legal burden. The actions of the Iranian government in the form of judicial measures are divided into two categories: prosecution in international courts (International Court of Justice and International Criminal Court) as well as lawsuits in the domestic courts of the Iraqi government and the domestic courts of Manuscript profile -
Open Access Article
527 - Efficiency of family dispute resolution system
maede chinisaz seyed mehdi mirdadashi ebrahim delshadBackground and Aim: The family is the fundamental unit of any society, which is the foundation of human society and the main center of growth and excellence of individuals. But like any other institution, it may be affected by fluctuations, conflicts and disputes, which MoreBackground and Aim: The family is the fundamental unit of any society, which is the foundation of human society and the main center of growth and excellence of individuals. But like any other institution, it may be affected by fluctuations, conflicts and disputes, which due to its special position should try to resolve these disputes in a way that does not harm the valuable position of the family and the moral rules that govern it. .Method: The present study was conducted by descriptive and analytical methods.Findings and Results: The use of out-of-court dispute resolution methods with the focus on arbitration or a combination of these methods with the judicial system (courts) can provide more protection than the judicial system only for the family with And by using the rules and regulations in the international arena, including the models of optimization of the arbitration institution, which are expressed by UNCITRAL and have been evaluated and carefully evaluated in order to make the arbitration institution more efficient, and their localization and adaptation to Domestic culture implemented the best and most efficient arbitration body in resolving family disputes. In addition to benefiting from this valuable and efficient institution, he used other institutions such as family counselors and social workers to root out the differences between couples, their pathology, and to treat and correct abnormal social practices. Manuscript profile -
Open Access Article
528 - The Security Council's approach to the rule of law in the field of human rights, with an emphasis on the rights of women and children
Hossein Malekshahi Farid Azadbakht هنگامه ghBackground and Aim: The Security Council is essentially a specific or status-oriented pillar under the Charter, in other words, the member states have asked that pillar to respond to a particular situation or dispute.However, in the aftermath of the Cold War, the Counci MoreBackground and Aim: The Security Council is essentially a specific or status-oriented pillar under the Charter, in other words, the member states have asked that pillar to respond to a particular situation or dispute.However, in the aftermath of the Cold War, the Council occasionally issued resolutions aimed not at resolving disputes between two or more members or in a situation that endangered international peace and security, but at preventing threats to peace or diplomacy. Peace building is preventive. In fact, these resolutions have a specific audience, such as women and children. Method: The present article tries to explain the mentioned resolutions in a descriptive-analytical way.Findings and Results: Determining that these resolutions do not seek to resolve an issue related to a particular situation, but rather to resolve an issue and problem that is spreading in the international community and its repetition or increase in number can lead to peace and security. Be internationally influential. Manuscript profile -
Open Access Article
529 - The Evolution of the Right to Peaceful Use of Nuclear Energy for Nations In International Law with Emphasis on (Joint Comprehensive Plan of Action)
Parvin Poor saeed Peyman Hakimzade KhoeiNuclear energy has always been of interest to lawyers and politicians in two ways of military use, and peaceful use since its discovery. Not with standing the provisions of the Global Compact on the Prohibition of Local Weapons, the Inalienable Right to Economic Non Dis MoreNuclear energy has always been of interest to lawyers and politicians in two ways of military use, and peaceful use since its discovery. Not with standing the provisions of the Global Compact on the Prohibition of Local Weapons, the Inalienable Right to Economic Non Discrimination The peaceful use of nuclear energy at all Some aspects of the nuclear states and their supporters in recent decades have been addressed through legal interpretations and they have tried to make arrangements and international actions restrict the scope of this right under the pretext of preventing the proliferation of nuclear weapons. One of these efforts is the Comprehensive Plan of Action Agreement which has imposed restrictions on Iran's peaceful nuclear programs and activities. The present article examines the concept of the right to peaceful use, its features and international efforts to limit it by emphasizing the provisions of the Comprehensive Plan of Action . Manuscript profile -
Open Access Article
530 - The law applicable to Iran's international commercial arbitration and comparative comparison with China's international commercial arbitration law
Mahnaz Momeni atefe amininia behzad SaediAbstractThe most difficult part of determining the applicable law is the question of the substantive law applicable to international arbitrations. Undoubtedly, arbitration in our time is one of the effective tools to achieve the two main goals of commercial law, namely MoreAbstractThe most difficult part of determining the applicable law is the question of the substantive law applicable to international arbitrations. Undoubtedly, arbitration in our time is one of the effective tools to achieve the two main goals of commercial law, namely speed and security. So that today this method has been developed to meet the mentioned goals and meet business needs and has benefited from new and uniform principles and rules in order to facilitate and grow trade and economic relations as much as possible. The divergence of opinions and theories in this regard is very obvious. However, it is theoretically accepted that the arbitrator should first pay attention to the will of the parties to the contract and then, if the parties have not determined their law, in the light of the principles and legal rules of the appropriate law. Therefore, the substantive law governing the contract of origin of the dispute is determined either by the parties or by the arbitral tribunal.The Islamic Republic of Iran, which seeks economic development and increase its trade relations, has tried to lag behind these developments by drafting the International Commercial Arbitration Law and amending the Arbitration Rules of the Civil Procedure Code, as well as the establishment of arbitration organizations and institutions. نماند. The People's Republic of China, as a country that has taken great strides in economic development in recent years, has followed the same procedure in order to resolve its trade disputes. Manuscript profile -
Open Access Article
531 - Relief and compensation for litigation costs in Iranian and British law
Milad Kianpouriannejad Pejman Mohammadi khalil AhmadiField and Aims: Participating in a lawsuit involves costs for the parties involved, including the court, the plaintiff and the defendant, and the legal system governing these costs plays an important role in achieving civil justice. A comparative study of the provisions MoreField and Aims: Participating in a lawsuit involves costs for the parties involved, including the court, the plaintiff and the defendant, and the legal system governing these costs plays an important role in achieving civil justice. A comparative study of the provisions governing the provision and compensation of legal damages in the law of Iran and the United Kingdom better shows the shortcomings of the current Iranian laws in this field and is effective in correcting them. Method: The present research has been compiled in a descriptive-analytical manner with a comparative view of various documentary sources and studies in Iranian and British law. Findings and conclusion: The legislature, in order to guarantee possible damages, has made it possible for the plaintiff to cover his costs, which, in view of the lack of a proper mechanism for forecasting the duration and quality of proceedings and estimating costs, is a shortcoming compared to a similar institution in English law. There are some. Also, in order to compensate for definitive damages resulting from court costs and other court damages, following the rule of "post-event costs", damages have been transferred so that no damages remain without compensation. However, in Iranian law, unlike in the United Kingdom, not giving the judge the power to review the circumstances of the case and the litigants, in addition to the possibility of abuse of the institution of fictitious litigation, also leaves the door open to abuse the right to sue and these shortcomings The unwillingness of the defendants to settle their dispute out of court and the abandonment of the principle of good faith in our judicial system is crystallized. Manuscript profile -
Open Access Article
532 - The challenges of monitoring and investigating the deviations of members of Islamic councils from their legal duties with an emphasis on good governance
hasan karimifardField and Aims: One of the constant concerns of jurists from the past until now has been to establish an impartial and fair authority to match the actions and decisions of governmental and non-governmental institutions and authorities with the law and apply the rule of MoreField and Aims: One of the constant concerns of jurists from the past until now has been to establish an impartial and fair authority to match the actions and decisions of governmental and non-governmental institutions and authorities with the law and apply the rule of law to the above-mentioned institutions and authorities, so that it can at the same time Monitoring the decision-making process of governmental and non-governmental institutions and authorities to ensure the accuracy and validity of the aforementioned decisions and actions.Method: The present research was carried out using a descriptive-analytical method.Finding and Conclusion: Islamic city and village councils, as a non-governmental public institution, establish actions and decisions in relation to voters that may affect their rights and freedoms. Therefore, there is a possibility of abuse of powers and in other words encroachment on public and national interests by some members or city and village Islamic councils. The Constitution of the Islamic Republic of Iran, in the 155th and 166th Principles, determines the limits of the competences of the aforementioned institution and demands the conformity of the councils' approvals with the standards of Islam and the laws of the country. Finally, it has specified the liquidation in general. The following article aims to examine the performance and duties of the dispute resolution and complaint handling committees of the Islamic councils. The claim of the present research is that strengthening the supervision of members through judicial authorities, resolving legal ambiguities, and preparing and approving the procedure for dealing with violations are important solutions to improve the supervision of the actions and performance of members of Islamic councils. Manuscript profile -
Open Access Article
533 - Lease contract and its relationship with the right of goodwill in the laws of Iran and Egypt
zakiye soltan alireza lotfi dodran davood andatrzField and Aims: The current research has been carried out with the subject and purpose of the lease contract and its relationship with the right to goodwill in Iranian and Egyptian laws. In fact, this research aims to show that: goodwill is a type of lease contract and MoreField and Aims: The current research has been carried out with the subject and purpose of the lease contract and its relationship with the right to goodwill in Iranian and Egyptian laws. In fact, this research aims to show that: goodwill is a type of lease contract and has common characteristics in the laws of Iran and Egypt. As a type of lease contract between lessor and lessee, goodwill has always had dark and ambiguous points in it.Method: The research method is descriptive and analytical.Findings and Conclusion: In Iranian law, goodwill is associated with the lease contract, so if goodwill is transferred to the lessee, the owner does not have the option of renting it to a non-lessee. Also, in the leases subject to the Law of Landlord and Tenant Relations 1376, goodwill does not exist independently of the lease relationship and is a matter that is realized only by the existence of the lease contract; Therefore, if there is no reason for the occurrence of the lease contract; The claim is not required to prepare an official peace document. The characteristics and common characteristics of the lease contract in Iranian and Egyptian law are: exchangeability of the lease contract, consensuality of the lease contract, necessity, temporaryness, gradualness, etc. Manuscript profile -
Open Access Article
534 - Explanation the International requirements affecting the codification of National Space Law
Mohammadreza HosseiniBackground and Aim: The growing activity of private actors and non-governmental organizations in the exploration and use of space and the need for continuous licensing and oversight of space activities by the government, raises questions about: What Requirements and nec MoreBackground and Aim: The growing activity of private actors and non-governmental organizations in the exploration and use of space and the need for continuous licensing and oversight of space activities by the government, raises questions about: What Requirements and necessities of space treaties enforce states to set out their national laws? What model have the leading countries in the field of space followed to regulate the framework of their space laws? Method: The present study has been done in terms of applied purpose and in terms of data collection by documentary method and by studying valid legal instruments and sources and the obtained information has been analyzed descriptively-analytically.Findings: A comparative study of the national laws of the 28 leading countries in the field of space shows that all of them have used a series of similar legal topics. However, in enacting their national law, each country takes into account its national needs and security considerations and indigenous requirements, and the scope of its national law depends entirely on the scope of national space activities and the level of participation of non-governmental organizations and space policies.Results: International requirements to enact national space legislation arises from the fact that states in order to exploit and use space, while paying attention to and fulfilling their international obligations under space treaties , the mechanism Provide for the issuance of licenses and oversight of governmental bodies, non-governmental and private space activities in their domestic legal system and accept responsibility for their actions. Manuscript profile -
Open Access Article
535 - Corrupt on Foreign Investment and the Host State’s Responsibility in the ICSID Arbitral Tribunal Procedure
Javad SalehiField and Aims: Corrupt on foreign investment and its results in the ICSID procedure is one of the new topics in international investment law. Investigating the different dimensions and the impact of the ICSID procedure on investor’s rights and the responsibility MoreField and Aims: Corrupt on foreign investment and its results in the ICSID procedure is one of the new topics in international investment law. Investigating the different dimensions and the impact of the ICSID procedure on investor’s rights and the responsibility of the host state in relation to foreign investment is of importance, objectives and subject matter of this article.Method: The research method is descriptive-analytical and critical to answer a question, what is the impact of corrupted foreign investment on investor rights and the responsibility of the host state in the ICSID procedure?Finding and Conclusion: The findings show that arbitration based on the investment treaty combined with corruption is rejected at the request of the foreign investor in the ICSID. This procedure has two achievements, two on the same coin. First, the investor is deprived of legal protections and arbitration. Ignoring investor rights resulting from playing its role as the first party to corruption is self-imposed and inevitable. Second, the host state is clear of responsibility for the foreign investor by corruption defense and proving it. The situation suggests a benefit of corruption for the host state, while host state agents are also the second party to corruption. Manuscript profile -
Open Access Article
536 - A comparative study of national and international contexts for combating embezzlement in the banking system with emphasis on the capacity of the law to promote administrative health and prevent corruption
alireza abbasi Alireza Shamshiri soheil soheilyEmbezzlement as one of the major banking crimes that undermines public confidence in the government. It has been documented in various domestic and international documents and throughout history. However, there are differences between domestic and international contexts MoreEmbezzlement as one of the major banking crimes that undermines public confidence in the government. It has been documented in various domestic and international documents and throughout history. However, there are differences between domestic and international contexts of the fight against embezzlement, including the non-criminalization of embezzlement in private institutions and banks, as well as the lack of precedent. The mechanism of international judicial assistance in the field of embezzlement, lack of precise explanation of whistleblowing rules in the fight against embezzlement in Iran's domestic law versus regionality to the international nature of anti-embezzlement law and the lack of guarantees of effective implementation at the international level It is noteworthy for fighting embezzlement.Establishing a healthy administrative system and establishing social justice and preserving public interests and property are the most important actions of governments to preserve the moral values of society, one of their solutions is to prevent waste and looting through embezzlement in the key economic system of governments or in other words At the level of banks. Manuscript profile -
Open Access Article
537 - Definition of investment in foreign contracts and international jurisprudence with emphasis on ICSID votes
Amirhosein baghaee leila raisiField and Aims: The basis of the establishment and continuity of any legal rule is to maintain its dynamics over time, and any rule that does not have the ability to adapt to its internal and surrounding realities will inevitably stagnate. The concept of foreign investm MoreField and Aims: The basis of the establishment and continuity of any legal rule is to maintain its dynamics over time, and any rule that does not have the ability to adapt to its internal and surrounding realities will inevitably stagnate. The concept of foreign investment is one of the important opportunities in the field of achieving progress in many fields in connection with the projects of the countries in different dimensions, and specific legal mechanisms have been determined for this issue in the international laws and domestic laws of each country. This concept has been defined and explained with the passage of time, firstly in the framework of various international treaties, which are increasing in number. The daily increase of international treaties in the field of foreign investment leads to the widening of relations between governments and, as a result, the occurrence of more disputes between them. In this context, the question is raised, what is the definition of foreign investment and how does the judicial procedure with emphasis on ICSID votes affect foreign investment?Method: This research was done using descriptive analytical method.Finding and Conclusion: Arbitration is considered as a suitable way to resolve commercial disputes. The Washington Convention, as the founding document of the Accidence Arbitration Authority, did not state any definition of the concept of investment, and this authority, relying on different interpretation techniques, tried to determine the meaning of investment, and this caused many theoretical differences around the issue of investment has created. Manuscript profile -
Open Access Article
538 - Cyber Security Regime in International Aviation Law
Hamidreza Seyedi Seyedbagher Mirabbasi Sohrab SalahiBackground and Purpose:Aviation cyber security is becoming a very serious subject. The air industry is a complex, advanced, multidimensional with an international scope industry is distinguished became its complexity among industries. One of the most important and vital MoreBackground and Purpose:Aviation cyber security is becoming a very serious subject. The air industry is a complex, advanced, multidimensional with an international scope industry is distinguished became its complexity among industries. One of the most important and vital issues of aviation is to ensure the accuracy of navigation systems and air traffic control, which has a direct impact on flight safety. The article is prepared to explain and evaluate the rules of cyber security regime in the field of international aviation law and the responsibility of governments and international organizations in sight of the existing rules of international responsibility plan and through this to examine the conditions and effects of each.Methodology:This article was written by descriptive-analytical method in terms of collecting library data and reviewing documents.Results:The International Cyber Security Regime is a mechanism for cooperation between governments and cause trust and security, and the protection of aviation infrastructure is a top priority for governments. The aviation industry is facing novel threats, and there are various cyber security concerns at airports and in-flight aircraft, and the need to "smarten up" airports is being seriously felt due to increased connectivity of systems and processes and protection of navigation systems. The development of security rules and regulations is one of the strategic goals of the International Civil Aviation Organization and its member countries, in order to ensure sustainable aviation security measures. Manuscript profile -
Open Access Article
539 - The position and function of the public interest in the international system from the perspective of a systematic analysis of international law
Hassan Alizadeh shilesar Askar Jalalian Hossein AlekajbafField and Aims:The International Society is an area of public interest that has moved from bilateralism to multilateralism with an emphasis on shared values. Systematic solidarity and interaction are needed to create such a society. Systems theory is a set of rules abou MoreField and Aims:The International Society is an area of public interest that has moved from bilateralism to multilateralism with an emphasis on shared values. Systematic solidarity and interaction are needed to create such a society. Systems theory is a set of rules about the relationships between variables in which a change in variables accompanies or precedes the change of others or a combination of them. The present article seeks to answer the question of how the position and function of the public interest can be explained from the perspective of a systematic analysis of international law. The purpose of this study is to explain the position of public interest in order to create stability in the international system.Method: The present research was carried out in a prescriptive-mandatory way.Findings and results: a system in its ideal state is based on regular relationships among a set of norms that distributes the values and interests of its members; In such a situation, the stability of the system will depend on the convergence and dependence of the members in accordance with the macro goals of the system; This will be possible with the commitment to the interests of all, which is in line with the system norms. If the interests of the governments are presented as a common good, with the support of the system structure, it can increase the costs of norm violations, and in this way, the stability of the international system increases. Manuscript profile -
Open Access Article
540 - A comparative study of the legal system for investigating construction violations in Iran and Singapore
Farbod Nazari Ali DashtiField and Aims: Over the past years, in parallel with the establishment of urban planning and construction regulations, the category of supervision and control over construction activities has been raised. In 1345, under Article 100 of the Municipal Law, a commission wa MoreField and Aims: Over the past years, in parallel with the establishment of urban planning and construction regulations, the category of supervision and control over construction activities has been raised. In 1345, under Article 100 of the Municipal Law, a commission was provided to deal with construction violations. After that, in different historical periods and affected by the social and political conditions of the society, the mentioned article has been modified and added. Based on this, we study the handling of construction violations. Method: This article is written in a descriptive-analytical way. Findings and Conclusion: The number of cases presented in the aforementioned commissions in Iran and the complications in the way of proceedings and the resolution of disputes between individuals and representatives of public power, the need to formulate a new law or at least amend related laws and regulations in the field of monitoring and dealing with violations It makes a building inevitable. This issue has been accurately and widely provided with effective enforcement guarantees and the use of legal levers, including compliance with regulations, demolition, suspension of activity, financial fines and imprisonment in Singapore under the Building Control Law. In addition, the violations of legal entities and government bodies have been taken into consideration and in some cases, the establishment of regulations and the handling of complaints have been placed in the competence of a real person (the minister). Manuscript profile -
Open Access Article
541 - The rights of the person being monitored in the Indian legal system with a look at Iranian law
maziyar khademi amirhamzeh salarzaeiAbstractBackground and purpose: The concept of "under surveillance" and the rights of the individual in this situation are associated with the police. Considering the development of India's criminal justice system in recent years and the extensive and anti-corruption re MoreAbstractBackground and purpose: The concept of "under surveillance" and the rights of the individual in this situation are associated with the police. Considering the development of India's criminal justice system in recent years and the extensive and anti-corruption reforms regarding the functioning of police authorities in promoting and protecting the rights of defendants, by examining the laws and rulings of the courts in both text and procedure, in this article The individual was monitored at the time in order to identify this concept in Iranian law in order to use the experience of India to achieve more protection of the rights of the accused and to improve the Iranian penal system.Method: The present article has been interpreted by descriptive-analytical method and relying on judicial judgment.Findings and Results: The present article seeks to answer the question of how the identification and guarantee of the rights of the supervised person has been in the Indian penal system and what has been the performance of the judicial system of this country? The findings of the study are that the rights of the accused have been properly identified in the criminal and constitutional laws of this country and the judiciary in India relies on rulings based on a broad interpretation of the law and in favor of the accused, gaps caused by vi Manuscript profile -
Open Access Article
542 - Iran's Challenges on the rights of child labor according to the international law
Mojdeh Pourmohammad Golzari Nobar Behshid Arfania Maryam Afshari Mostafa Taghizadeh AnsariField and Aims: Children's rights are considered as special examples of human rights, so ignoring this issue leads to violation of human rights from the international aspect and also has irreparable consequences inside the country. Eliminating child labor is not possibl MoreField and Aims: Children's rights are considered as special examples of human rights, so ignoring this issue leads to violation of human rights from the international aspect and also has irreparable consequences inside the country. Eliminating child labor is not possible except with the union of relevant institutions, the guarantee of effective and continuous legal implementation along with the unification of legal rules.Method: This is a qualitative and applied research in terms of purpose, and in terms of collecting information by documentary method and studying international documents, sources related to the subject and the obtained information has been analyzed descriptively-analytically method to examine the challenges of child labor in Iran with a view on international law. Findings and results: The lack of coordination of the responsible institutions and insufficient budget, along with the economic recession caused by Covid-19 and its effects, are among the most important reasons for child labor not being solved in the country. Ambiguity and contradictions in domestic laws by joining international treaties have made this problem more complicated.The approval of the Law on the Protection of Children and Adolescent Rights in 2019 in Iran has been a positive step for coordination with international laws, but in this law, without changing the age of the child in the previous definitions, people under the 18 are protected in specified cases. Therefore, in cases outside the scope of this law, children do not receive the necessary support. Continued reform of laws is necessary for comprehensive protection. Manuscript profile -
Open Access Article
543 - The role of biodiversity protection in achieving sustainable development
Pegah Nik Far Lialestani Hasan Savari Mohammed Hussain ramezani ali mashhadiField and Aims: One of the threats to the earth is the loss of biodiversity. Given that the oceans have the highest amount of biodiversity and due to their transboundary nature, the management of marine resources requires interventions at the (national, regional and glo MoreField and Aims: One of the threats to the earth is the loss of biodiversity. Given that the oceans have the highest amount of biodiversity and due to their transboundary nature, the management of marine resources requires interventions at the (national, regional and global) levels. to reduce threats. Based on this, we will address the issue of what role does the protection of biodiversity play in the realization of sustainable development?Method: The present research was carried out with a descriptive-analytical method.Finding and Conclusion: The world is facing more challenges that have far-reaching consequences for humanity. Some of these challenges are socio-economic, such as increasing poverty and political crisis, as well as environmental challenges, such as air pollution, climate change, and biodiversity loss. On the other hand, environmental rights are an important tool for monitoring and managing sustainable development, which is effective in determining environmental protection policies and reasonable and sustainable use of natural resources. Based on this, the sustainable development of the oceans and regulation through the application of the rule of law is one of the new phenomena in the international law of the seas. The declarations of Stockholm 1972, Rio 1992, Johannesburg 2002 stated that the achievement of sustainable development requires the protection of the environment and called for the orientation of international environmental law in line with the concept of sustainable development. In addition, other conventions such as the Law of the Sea, London, Basel, Nagoya and Cartagena are also trying to regulate the protection of the environment and biodiversity, which have been able to create changes in the internal regulations of governments in this regard. Manuscript profile -
Open Access Article
544 - The interaction or opposition of the right to development with the limitations of obtaining new atomic technology
Mohammad Redha Farokhy zadeh Zeinab Poorkhaghan Shah RezaeiField and Aims: The current era can be called the era of important developments in the field of new technologies. The developments of the world society have led to the creation of new concepts and evolution in the new atomic technology. In line with the inalienable righ MoreField and Aims: The current era can be called the era of important developments in the field of new technologies. The developments of the world society have led to the creation of new concepts and evolution in the new atomic technology. In line with the inalienable right of all nations to access the new atomic technology, laws and legal documents supporting or prohibiting this right will be reviewed. In this way, it is very important to identify the categories of development right and new atomic technology that have dual applications and their connection and reference with laws and treaties. Atomic materials that can lead to the production and proliferation of weapons of mass destruction, at the same time, can be useful in the economic growth and development of countries, including the atom and its derivatives. Method: This research is carried out in terms of gathering information by documentary method and through the study of valid laws and sources, and the obtained information is analyzed in a descriptive – analytical manner. Finding and Conclusion: In this research, in addition to examining the foundations and principles of the right to development of countries, especially developing countries, the rules of international law regarding new atomic technologies, and especially atomic weapons, have been examined. Therefore, these legal principles and norms governing the limitations of countries, especially the third world countries' access to new atomic technology, in limiting the right of countries to develop, are not in accordance with the rules of international law. All-round access to new technologies and all-round development is the absolute right of all nations, and in general, the right to development is in direct interaction with the attainment of new atomic technology. Therefore, the international community should develop appropriate treaties and laws, show the correct path so that all-round access to these new technologies can be done correctly. Manuscript profile -
Open Access Article
545 - Examining the concept of global administrative law
محمد وارستهDiscussions related to global administrative law have created new perspectives in law and have unexpectedly increased researches related to administrative law. Global administrative law is generally concerned with the emergence and evolution of the global administrative MoreDiscussions related to global administrative law have created new perspectives in law and have unexpectedly increased researches related to administrative law. Global administrative law is generally concerned with the emergence and evolution of the global administrative space and the enormous power of governments, international organizations and other functions that are emerging, and therefore to researches related to the legal principles of organizational composition and arrangement. It helps in global governance. Basically, universal administrative law seeks to set overarching universal standards. These standards are formed based on the principles of transparency, accountability and participation, and along with other legal components such as the rule of law and human rights, they limit the global power of international institutions and also create a model for domestic laws. Global administrative law is actually a result of the developments of the international community and the emergence of transnational administrative institutions, and with the same classical goal of administrative law, which is to restrain, control and monitor the performance of transnational administrative organizations and authorities. In addition to this classic concern, the issue of empowerment, efficiency and effectiveness of the administration, which is raised in the field of modern administrative law, with concepts such as the rule of law, transparency, good administration, etc., is also the subject of attention and investigation of global administrative law. In this article, while examining the concept and features of global administrative law, the causes of its emergence will be studied and investigated. Manuscript profile -
Open Access Article
546 - The function of General Principles of Law recognized in civilized nations in The jurisprudence of arbitrations tribunals
Seyed Bagher Mirabbasi seyedeh zahra saadatiField and Aims: General Principles of Law recognized in civilized nations, as one of the main sources of international law, has played an important and effective role in international arbitration tribunals compared to other parts of international law. So far, no article MoreField and Aims: General Principles of Law recognized in civilized nations, as one of the main sources of international law, has played an important and effective role in international arbitration tribunals compared to other parts of international law. So far, no article has been done that independently examines the function of this source of international law.Method: This research was done using descriptive analytical method.Finding and Conclusion: Applicable law, Protection of legal order, the basis for law making, interpreting the rules of international law, and a rule in international law are the functions of this main source of international law. Manuscript profile -
Open Access Article
547 - Conditions and effects of electronic registration of documents and real estate in the legal system of Roman Germany and Common Law
Mehrdad Konani Bakhtiyar Abbasloo Mohammad BahmaniField and Aims: Technology development has created a change in the nature of the documents, and today a new form of documents called electronic documents has emerged, plus the traditional system registration system has replaced electronic registration, which can have ma MoreField and Aims: Technology development has created a change in the nature of the documents, and today a new form of documents called electronic documents has emerged, plus the traditional system registration system has replaced electronic registration, which can have many works. This transformation is visible in various legal systems, including the civil law legal system and the common law legal system. Accordingly, in this article we will examine the terms and effects of electronic registration of documents and real estate in the Iranian, French, UK and US law system.Method: This article is written in an analytical-analytical method.Finding and Conclusion: Although the document has a long history, it has evolved with the advancement of document registration technology and today there is a new form of registration called electronic registration. The use of new communication methods and new communication and information technologies for recording documents is called electronic document recording.The electronic registration of documents has some effects, including the validity of the contents of electronic documents, the validity of electronic evidence against individuals, the necessity of the execution of an electronic official document, its enforcement effect in judicial authorities and de-judgment. Registration of documents in the English legal system has a long history and electronic registration of documents has also taken a new form using blockchain technology. In English law, the principle is that all immovable properties can be registered by private individuals, unless these properties belong to the Queen or are considered public properties like national parks, mountains, forests, etc. If a property is not registered in England, but is sold, or comes to the owner through a gift or will, or the owner mortgages it, in this case, the property must be first registered, and to prove the applicant's ownership, documents such as a purchase deed must be submitted. The property should be presented. In this system, as in Iran's legal system, in case of presenting a claim contrary to the presentation of a normal document, what is important is the record of the document's registration, and contrary claims cannot be made. In Iran, the electronic registration and filing of documents has been established since 2005, and in the United States, since 2017, the electronic registration system of transaction documents in the United States has evolved with the emergence of smart contracts. Manuscript profile -
Open Access Article
548 - A review of Ibn Khalawiyah’s linguisticviews on Waqf(a short pause) in reading
Mokhtar Fazel nia Ali SaberiRecognition of the waqf (a short pause) phenomenon is one of the important issues in the linguistics of the Quran created bythe breath disconnection and its refreshmentwhile reading.Since some words areoccasionallypronounced in two or more different waysin the Holy Qura MoreRecognition of the waqf (a short pause) phenomenon is one of the important issues in the linguistics of the Quran created bythe breath disconnection and its refreshmentwhile reading.Since some words areoccasionallypronounced in two or more different waysin the Holy Quran and this difference in readingis led tothe issuance of jurisprudential rulingand the source of variation inviewpoint of Islamic scientists. In this study,despite expressing waqf and its diversity by mentioning the Quranic evidence, ithas been investigated that what changes will take place inspeechbyreading disconnectionwhile exiting the last word? And what is the opinion of Ibn Khalawiyah (370 AH), the famous Iranian shialinguist,about it?By considering distinctive and innovative views of this linguist, we have made any endeavor to explain these differences in reading in terms of IbnKhalawiyah . On the other hand, we have compared his point of view with the agreement and disagreementviews of some other important linguists to clarify this distinctive linguist view about waqf and alsofamiliarize the readers with his creative reasonsaboutvarious pronunciations in waqf and changing in pronunciation, adding or reducingthe words. Manuscript profile -
Open Access Article
549 - Paul Natorp’s Idealstic Interpretation of Plato’s Ideas and Reducing them to the Principles of Knowledge
kazem hani Seyyed Mohsen HosseiniPlato’s doctrine of Ideas can be considered as the center of his philosophy. From Plato’s viewpoint, Ideas form the essence of sensible things. The Ideas are condition of both the existence of sensible things and their recognition. According to the problem h MorePlato’s doctrine of Ideas can be considered as the center of his philosophy. From Plato’s viewpoint, Ideas form the essence of sensible things. The Ideas are condition of both the existence of sensible things and their recognition. According to the problem he was facing, Natorp returned to Plato's ideas. Natorp's problem is the invalidation of philosophy and the baselessness of science. He tries to determine the relationship between philosophy and different sciences in order to give credit to philosophy and clarify the logic of governing sciences. To achieve the above two goals, Natorp takes help from Plato's ideas and presents a transcendental and epistemological interpretation of them. Because in his opinion, philosophy only as epistemology is valid. So, Natorp believes that Plato’s Ideas cannot be considered as fixed entities and separated from the sensible world, but they should be considered as transcendental conditions of the actualization of reality. Ideas are laws or explanations that are posited in thought in the first place and then the reality derived from their nature. Now, considering this introduction, some important issues arise: Do Plato's ideas have a purely epistemological function? What is the relationship between Natorp's law and Plato's ideas? This article, with a descriptive-analytical method, while examining Natorp's interpretation, tries to explain that Plato's ideas do not only have an epistemological function, but their ontological and moral aspects are also important. Manuscript profile -
Open Access Article
550 - The Philosophical Analysis of Shī‘ite Scholars’ Views on Badā’
حامد نامی اصفهانیBadā’ or the mutability of God’s will, is one of the major teachings of the Shī‘ite theology. This concept from the earliest times has drawn Muslim scholars’ attention to itself. Because of its opposition to divine omniscience some scholars have MoreBadā’ or the mutability of God’s will, is one of the major teachings of the Shī‘ite theology. This concept from the earliest times has drawn Muslim scholars’ attention to itself. Because of its opposition to divine omniscience some scholars have hesitated over it and tried to reject it and the others have tried to analyze and support it. In this respect, paying attention to the usage of this expression in the Divine Book and the Transmitted Traditions is very critical for analyzing it, because its understanding depends on the deep recognition of religious teachings. By quoting valid opinions, this essay tries to survey and criticize the views of Muslim scholars about Badā’. Manuscript profile -
Open Access Article
551 - Measuring Criminal Rules of Nuclear Law in International Documents
peyman namamian Ebrahim AghamohammadiMeasuring Criminal Rules of Nuclear Law in International DocumentsPenal Code Penalties within the framework of criminal law as a group of rules applied at national, regional or international level to counteract nuclear-related or radioactive energy-related practices or MoreMeasuring Criminal Rules of Nuclear Law in International DocumentsPenal Code Penalties within the framework of criminal law as a group of rules applied at national, regional or international level to counteract nuclear-related or radioactive energy-related practices or governments requiring them to be criminally liable. Can be distinguished from other rules of the same manner based on the extremely dangerous nature inherent in nuclear or radioactive energy. The paper seeks to assess international standards for the criminalization of nuclear rights at the international level, including the Convention on the Physical Protection of Nuclear Material, the International Convention for the Suppression of Terrorism, and the UN Security Council resolutions.The paper seeks to assess international standards for the criminalization of nuclear rights at the international level, including the Convention on the Physical Protection of Nuclear Material, the International Convention for the Suppression of Terrorism, and the UN Security Council resolutions.Key Words: Nuclear Terrorism, International Law, Nuclear Law, Criminal Law, International Covenant of Anti-Terrorism, Security Council Resolutions. Manuscript profile -
Open Access Article
552 - The ambiguities of International Humanitarian Law application on World War against Terrorism
Mahdi Heydarifard Ali Pour Ghassab Amirithe entry of non-governmental Emtities is one of the important indicators of contemporary wars that causes unbalanced structure of conflicts. In recent decades, rapid advances in weapons technology increased the gap between the warring parties in terms of military capab Morethe entry of non-governmental Emtities is one of the important indicators of contemporary wars that causes unbalanced structure of conflicts. In recent decades, rapid advances in weapons technology increased the gap between the warring parties in terms of military capabilities, the upsetting of the balance of power and divided them into strong and weak. As a result we have witnessed the innovation of Asymmetric, Non-structured war methods based on Unconventional using ofArmed tools and tactics, such as resorting to terrorist acts. The emergence of these methods has expanded the scope of military conflict to civil society and reduced the complience of the parties to basic principles of international humanitarian law as the only legal means to protect the lives of civilians and propert against military attacks. in the nature of today's wars and the shift to non-governmental conflicts with ethnic, religious and identity goals has led to the development of the battlefield and the entry of civilians as fighters, which has greatly blurred the line between military and civilian. Finally, the lack of international consensus on the definition of terrorism and its examples, the political approach of countries and sometimes,Hiring of terrorist groups, the monopoly of the application of humanitarian law principles on war situations while some terrorist acts take place outside the battlefield. .. are some of the factors that have intensified this challenge. Manuscript profile -
Open Access Article
553 - Social Cleavages and Conservative-Labour Party Exclusivism in the United Kingdom: From Tory-Whig to Brexit
Mohammad Reza Saeid Abadi Sam MohammadpourIn developed societies, a multi-party system is considered more rational than a two-party system because of the possibility of pursuing diverse interests. Nevertheless, the two-party structure in the United Kingdom has long been such that it is difficult to imagine the MoreIn developed societies, a multi-party system is considered more rational than a two-party system because of the possibility of pursuing diverse interests. Nevertheless, the two-party structure in the United Kingdom has long been such that it is difficult to imagine the emergence and continuation of dominant third parties in British politics. Accordingly, the study's central question is how social cleavages over time have led to the formation of a two-party system in the UK and what role will Brexit play in the persistence or change of this long-standing structure? The research hypothesis, using a descriptive-analytical method and the application of Cleavage Theory in the analysis of the stability factors of the UK’s two-party system, emphasizes that social cleavages along with the British political structure with features such as Duverger's law and first-past-the-post voting cause psychological and mechanical effects in the UK general elections. Accordingly, British voters, aware of the above-mentioned electoral rules, ignore the smaller parties and vote for the most desirable option with a chance of winning. This behavior, called strategic voting, explains the tendency of voters to the most powerful parties and, ultimately, the continuation of the Labor-Conservative exclusivism. Furthermore, with the trend analysis approach, it is hypothesized that Brexit will help the continuity of party duopoly in the kingdom by strengthening the concept of the open-closed political spectrum and highlighting social cleavages among the Britons. Manuscript profile -
Open Access Article
554 - The legitimacy of the Nine-Dash line of the 2009 China Declaration in the South China Sea
seyed fakhrodin mokhtari mohammad ali solhchi mansour pournouriAbstract:China issued a map to the UN Secretary-General announced the drawing of a Nine Dash Line in the South China Sea, In 2009. This Nine-Dash Line cover's all the main islands of the South China Sea. Also, the method of delimitation with this Nine-Dash Line is such MoreAbstract:China issued a map to the UN Secretary-General announced the drawing of a Nine Dash Line in the South China Sea, In 2009. This Nine-Dash Line cover's all the main islands of the South China Sea. Also, the method of delimitation with this Nine-Dash Line is such that it interferes with the Exclusive Economic Zones and the Continental Shelf of other neighbors. This way of drawing lines was not reformed even with China's accession to the Convention on the Law of the Sea (1982). The Philippines as the most affected and protesting country, Claims incompatibility of China's Nine-Dash Line with the United Nations Convention on the Law of the Sea (1982) and considered all Chinese actions contrary to its obligations under this convention. According to this Convention and aimed at resolving disputes, The Philippines submitted its bill and petition to the Arbitral Tribunal pursuant to Annex 7 of the Convention. The summary conclusion of this study is that although the delimitation of borders, including maritime borders, is unilaterally practical in principle, a country cannot introduce itself as a coastal country outside the scope of international law and in areas that overlap with other coastal countries, to draw border lines unilaterally, and it is assumed that the Nine-Dash line drawn by China has no legitimate justification. The method of this research is descriptive-analytical and relying on library resources. Manuscript profile -
Open Access Article
555 - Default of appearance before an International Arbitration Tribunal with emphasizing on c China and the Philippines Case
seyed fakhrodin mokhtari mohammad ali solhchi mansour pournouriObservance of the adversarial principle is associated with that the trial is not conducted in the absence of one parties. On the other hand, observing the interests of the party that has referred to the competent tribunal requires continued consideration and issuance fi MoreObservance of the adversarial principle is associated with that the trial is not conducted in the absence of one parties. On the other hand, observing the interests of the party that has referred to the competent tribunal requires continued consideration and issuance final decision. If a country can deprive the jurisdiction from the competent tribunal by not appearing, this will severely undermine the credibility of peaceful dispute resolution. China issued a plan to the UN Secretary-General in 2009 and announced the drawing of a Nine-Dash Line in the South China Sea. The Philippines as the most protesting country, alleges an international dispute over the incompatibility of China's Nine-Dash Line with the United Nations Convention on the Law of the Sea (1982) and on January 22, 2013, citing the provisions of the Convention, it referred its case against China to an arbitration tribunal under Section 7, Chapter 15 of the Convention. China declined to participate in all proceedings because it considered the arbitration tribunal incompetent to hear the dispute. This article intends to examine the validity of the dispute resolution process in the event of default to appear before the competent tribunal. The concise conclusion of this article is that the country absent from the proceedings is still considered as a party to the dispute and mere absence will not cause the deterioration of this position or the loss of competence of the competent tribunal but special tasks are established for the competent tribunal, which are examined in this article. Manuscript profile -
Open Access Article
556 - Position of UAV in International Law
Hadi Ajili Seyyed Mohsen Sajjadi Monireh KaramiNew technologies, including automatic and self-propelled UAVs, have always been discussed, whose application and use are subject to one of the rules of international law, and whether current international law is at all capable of responding to advances Scientific and mi MoreNew technologies, including automatic and self-propelled UAVs, have always been discussed, whose application and use are subject to one of the rules of international law, and whether current international law is at all capable of responding to advances Scientific and military, and new technologies. The research is based on this assumption and seeks to state that modern technologies, such as UAVs, are subject to international law and require no new legislation or regulation. The study looked at UAVs at three levels of international air law and the Chicago Convention, International Humanitarian Law, and the important rules of these rights and multilateral export control regimes, and the role of UAVs in each of these three areas. And concludes that current international law has the ability to monitor and implement UAVs with current rules in the three areas mentioned. Manuscript profile -
Open Access Article
557 - Law Abiding and National Security in Political Thought of Imam Khomeini
Akbar Ashrafi Hamidreza DavoodiAbstract Man In addition to the right of life has other rights such as the right of freedom. According to this right man is free from Non-God. Freedom right is the gift of all heavenly religions and all the divine religions. Yet it is accepted this issue that human soci MoreAbstract Man In addition to the right of life has other rights such as the right of freedom. According to this right man is free from Non-God. Freedom right is the gift of all heavenly religions and all the divine religions. Yet it is accepted this issue that human societies without law and order cannot remain stable. The existence of law is an impossible necessity, although lead to confine man freedom and limitation of his action circle. Human society never graduated from the law and its related issues. Even in the most primitive human societies. Violated to law, including issues that always engaged the minds of scholars and community leaders. Depended on the progress of human societies from primitivism civilization toward modernity gradually evolved thinking of law and each of these communities in terms of government benefited these concepts to creating and expanding order in community and their domestic and foreign stability. Imam Khomeini as the founder of one of the governmental model of contemporary period at his all political and intellectual life insisted on the law abiding and in his statements have always stressed on law abiding and the necessity of law abiding to legal requirements. Imam views on security has two features which completely separated from each other: on the one hand idealistic aspects of security for the Islamic world and world Muslim was important to the Imam and on the other hand maintaining Islamic Republic of Iran considered as the acts. Manuscript profile -
Open Access Article
558 - Freedom in the Position of Meaning
Jahanbakhsh IzadiAbstract Freedom is a Sublime, illustrious, and unreachable concept, for reaching it man endured vast and extensive struggles and endeavors during the prolonged course of his history; Alas no trace of it! But this prestigious concept, incomparable to other homogeneous v MoreAbstract Freedom is a Sublime, illustrious, and unreachable concept, for reaching it man endured vast and extensive struggles and endeavors during the prolonged course of his history; Alas no trace of it! But this prestigious concept, incomparable to other homogeneous values, bears some conceptual and semantic problems which makes it to fluctuate between its nature and its boundary and territory; a fluctuation between subjectivity and objectivity. Sometimes freedom is defined as an inherent positive or negative concept, sometimes it is implied in confrontation with despotism, democracy, reality and fact and sometimes it is introduced as equality to human nature. In addition to formative and substantive examination of the above mentioned contexts, this article presumes that in its transition to modernity, the concept of freedom faces with complexity and intertwinement, which is on the one hand stemmed from multiplicity of productions, communications, and awareness of political – social demands, and on the other hand indebted to transmission and development of freedom from the primary meaning of inner-liberation and vice-redemption to freedom of organized official and non official external obstacles. Manuscript profile -
Open Access Article
559 - Investigating the Legitimacy and Legality of Unilateral Sanctions of the United States from the Perspective of Universal Human Rights
Ali Ilkhanipour Naderi Negin Shafiei Usofe Moslemi MehniIn the legal arrangements after the UN Charter, the United Nations Security Council has been considered as the only legal authority that is allowed to resort to sanctions or coercive measures, despite the fact that the performance of this Council has been political and MoreIn the legal arrangements after the UN Charter, the United Nations Security Council has been considered as the only legal authority that is allowed to resort to sanctions or coercive measures, despite the fact that the performance of this Council has been political and unfair in many cases, based on the seventh chapter of the Charter, the sanctions imposed by Article 41 aimed of maintaining international peace and security, they are considered collective and coercive in nature and are binding on all member states. The opposite of collective sanctions of the UN is unilateral sanctions by which, one government tries to force another government to change its policies. In response to the main question that what is the legal position and legitimacy of unilateral sanctions of the United States, this article, which was carried out with a descriptive analytical method, takes into account the hypothesis that the unilateral sanctions of the United States violates universal human rights, international humanitarian law, and the principles and objectives stated in the charter, the principle of equality of governments, the principle of non-interference, food security, the right to health and education, the right to development, the right to life and other fundamental human rights of a sanctioned country. Manuscript profile -
Open Access Article
560 - International Law and Terrorism Issue
Kabak Khabiri Maral DarbandiAbstract ُSecurity Council of the United Nation Organization, as the only place which has legal right and is authorized to use force in the international interactions. Important developments have occurred in multilateral international treaties between the Convention fo MoreAbstract ُSecurity Council of the United Nation Organization, as the only place which has legal right and is authorized to use force in the international interactions. Important developments have occurred in multilateral international treaties between the Convention for the Prevention and Punishment of Terrorism of 1937 and the Inter- American Convention against Terrorism of 2002. This article attempts to explore the question of changes which is occurred, as well as whether these laws have been an effective legal response in combating terrorism. After differentiating between comprehensive and sectoral conventions and between universal and regional conventions, the article comparatively analyzes them based on definitions of offenses, the extent of criminalization, exceptions concerning scope of application, measures to be taken by the states parties, obligatory and optional jurisdiction, obligations of states in the sphere of legal cooperation and assistance, rights of the offender, extradition, exceptions from extradition or legal assistance, and issues not covered by the conventions. Solutions proved to be the most effective against international terrorism and discrepancies and overlaps between the conventions are discussed. Manuscript profile -
Open Access Article
561 - Interaction and Contrast of International Environmental Law and International Nuclear Energy Law in Nuclear Accident in Fukushima Power Plant
Hojjat Salimi TurkamaniAlthough nowadays, nuclear energy has significant role in energy secure at international level, the risk of nuclear accidents due to inefficient nuclear safety and its negative environmental impact is one of the major challenges facing the development of nuclear energy. MoreAlthough nowadays, nuclear energy has significant role in energy secure at international level, the risk of nuclear accidents due to inefficient nuclear safety and its negative environmental impact is one of the major challenges facing the development of nuclear energy. The main issue is this weather international nuclear law is compatible with international environment law in the context of safety regime? and what mechanisms observe on respect of fundamental environment norms in nuclear activities? Assessing Provisions of international documents on nuclear energy implies attention of nuclear safety regime to the principles of international environmental law. However, in spite of promotion of nuclear safety regime, occurrence of nuclear accident in Fukushima power plant in 2011 in Japan showed that by now international environmental law and international nuclear energy law are not factually compatible in approaching to sustainable development. Actualizing of environmental principals included in international nuclear law and technology transferring from developed countries to developing counties based on article 4 of NPT could be positive step in declining of negative environmental effects of probable nuclear accidents. Manuscript profile -
Open Access Article
562 - Iran's Accession to the Convention on the Elimination of Discrimination against Women, Opportunities and Threats
Jafar Ghamat Parto Saberi ghomiAbstract Human resources development is one of the most important factors in achieving sustainable development and balanced, and in this regards the subject of women because of the importance of family and social responsibility of heavy special. According to the histor MoreAbstract Human resources development is one of the most important factors in achieving sustainable development and balanced, and in this regards the subject of women because of the importance of family and social responsibility of heavy special. According to the historical injustice that causes vicious in the growth and empowerment of women to achieve equal opportunities and possibilities that necessitate and this massive harm communities to compensate for the humanity of those suffered with special respect and full participation of field-oriented programs in the women's development as a fundamental human rights and pursue them. One of the fundamental steps in the ratification of the Convention on the Elimination of discrimination in the world of women in the 1979 CE by the General Assembly of the United Nations is now also vast countries have joined the Convention. And about a third of their export declarations or statements are the legal effects of unilateral about some Convention or their exception, and thus with the right protection moderated to run it by appointee. Hence it is that in our country with regard to suppress discussion of cool opponents and supporters to the Convention on the Elimination of discrimination against women, the decision will be taken as opposition to the accession of rational system that with proper position, the hands hanging place of women in Islamic Iran, and agree to the introduction of the discrimination against women in Iran and Islam face Gozar. Manuscript profile -
Open Access Article
563 - Research with an Emphasis on Traditional Ideas about Elitism V. Pareto
Mohammadhossein Rafie Seyed Mohammadjavad GhorbiAbstract Societies of different social forces are formed, each of which features are important to consider each of them. The influence of social forces in society, are the elite. Despite various discussions, the image of the traditional elite and eremitism remains, and MoreAbstract Societies of different social forces are formed, each of which features are important to consider each of them. The influence of social forces in society, are the elite. Despite various discussions, the image of the traditional elite and eremitism remains, and this indicates a need to study more about the issues is elite. Theories of change are many theory not separate the elite from the rule change is adopted.This article aims to examine the concept of development through case studies and theories of one of the most elite group of theorists, the V. Pareto is. Manuscript profile -
Open Access Article
564 - Violation of Humanitarian’s Law in the 33 days war according to International Regulations
Bijan Nayeri Alireza Motevalli Abstract After hostage-taking of two Israeli soldiers by Hezbollah forces, military of Zionist regime started an expanding attack on Lebanon from July 12, 2006. By this invasion, Israel ridiculed the human rights specially; conventions of Geneva, 1949 and its&r More Abstract After hostage-taking of two Israeli soldiers by Hezbollah forces, military of Zionist regime started an expanding attack on Lebanon from July 12, 2006. By this invasion, Israel ridiculed the human rights specially; conventions of Geneva, 1949 and its’ two affixed protocols and security councils’ treaty of united nation’s organization and didn’t notice them. Israel called this invasion as a kind of defense in order to justify it. The slaughter of hundreds of women and Childs who has no interferes in war and ruination of areas far from incident field and quarrel and other war crimes which Israel committed during one month, is an example of this regims’50 years’ patent defect of international law and human right which shows invalidity of international documents and forums. The 33days war which started with Israel invasion to Lebanon ,and ended with 1701 treaty confirmation of security council and accepting cease fire between Hezbollah and Israel, is able to be considered and analyzed. The defense operations and brilliant victory of Islamic resistance of Lebanon with Hezbollah leading against expanded and cruel invasion of Zionist regime, is an outstanding sample and rhetoric dispute in current age from the aspect of postmodernism innovation revolt of people against a regime which is armed and equipped with most advanced armament technology. A war which was supposed to be ended in a short time by victory of Zionist regime, became a great defeat of this regime and destabilized and shook the pillar of security doctrine and its’ war strategy of fast war. The 33 days war of Israel against Hezbollah was an important lesson which will be more effective on future wars. Manuscript profile -
Open Access Article
565 - Armed attack of Saudi Arabia to Yemen according to International Criminal Law
Mohammad Javad Heidarian Dolatabadi Rasool Mazaheri KoohestaniThe military offensive against the Yemeni-led Arab-led Arab-led coalition and the firefighting of civilian targets are an illicit justification and a clear indication of the violation of Yemen's territorial integrity. The legal right to self-defense for the Yemeni MoreThe military offensive against the Yemeni-led Arab-led Arab-led coalition and the firefighting of civilian targets are an illicit justification and a clear indication of the violation of Yemen's territorial integrity. The legal right to self-defense for the Yemeni people as well as the international responsibility for Saudi Arabia, including the results of this violation, is in the light of international law. The crimes of the Saudis in Yemen are punishable by international criminal law in violation of the principle of separation and non-invasion of civilians and civilian property, the non-use of prohibited weapons and the prevention of the transfer of humanitarian assistance in accordance with humanitarian law, such as acts, Is in violation of the Geneva Conventions and can be considered as a war crime. It can also be seen that with the formation of a coalition and the systematic and systematic attack of Saudi Arabia and the widespread slaughter of the Yemeni people because of their religion, elements of the international crime of genocide can be observed. . Saudi Arabia's unlawful involvement in the attack on Yemen, even if viewed as legitimate in defense of the incumbent president of that country and made it an unconventional armed conflict, is still not justified by the humanitarian violations of the military and civilians. Manuscript profile -
Open Access Article
566 - A comparative study of executive laws related to educational support for exceptional children and adolescents in Iran and the international organization UNICEF
Abdulrahim Tajuddin Mansure Shahriari Ahmadi Gholamali Afrooz Hasan Pasha sharifiThe purpose of this study was to compare the executive laws related to educational support for exceptional children and adolescents in Iran and the international organization UNICEF. The research method was qualitative and comparative. The research sample included the d MoreThe purpose of this study was to compare the executive laws related to educational support for exceptional children and adolescents in Iran and the international organization UNICEF. The research method was qualitative and comparative. The research sample included the documents and annual reports available in the welfare organization from 2010 to 2019, which were selected through available and targeted sampling, and in the international dimension, UNICEF's annual reports on educational support for exceptional children and adolescents in 2011. Reviewed by 2020. Some quantitative research data were analyzed using descriptive methods and content analysis was done in the document matching section. According to the findings, the number of exceptional children and teenagers who are covered by welfare has been increasing in recent years. The coefficient of correlation between the opinion of the families of exceptional children and adolescents and the welfare officials about the quantity and quality of educational support showed that the opinion of the families and the officials are aligned. According to the research conducted by UNICEF in 51 developing countries, 42% of girls and 51% of boys of exceptional and disabled children (average about 47%) managed to go to primary school, while in Iran this average reaches 62.5%. Therefore, it can be concluded that education support in Iran is in a better situation than the UNICEF reports of developing countries. Manuscript profile -
Open Access Article
567 - rejection of the exclusion theory of usurpation from the general rules of civil liability
rasool malakootiTheory of severe encounter with the usurper causes the rules of the usurped institution to be considered strict, while in other sources there is no such civil liability. This attitude and the lack of need for harm and causation, has caused most lawyers to analyze the ru MoreTheory of severe encounter with the usurper causes the rules of the usurped institution to be considered strict, while in other sources there is no such civil liability. This attitude and the lack of need for harm and causation, has caused most lawyers to analyze the rules governing this institution apart from the general rules of civil liability. In this article, an attempt has been made to invalidate the fegh attitude and pay attention to the structure of the civil law, and to prove the impossibility of this separation. It seems that the difference between dealing with the usurper and other sources of civil liability is not due to a difference in the nature or rules of this institution, but to an imperfect view of the concept of financial guarantee in jurisprudence. Guarantee in jurisprudence means creating an obligation against another, the guarantee of its implementation is crystallized in three longitudinal forms of equal return, retribution and payment of price. In law, however, the concept of civil liability, which is equivalent to the term guarantee, is merely narrow to the third form, the obligation to pay damages. This self-made constraint in the concept has led to the impossibility of applying the rules and pillars of the usurpation institution to the general pillars of the guarantee and its severity Manuscript profile -
Open Access Article
568 - Legal aspects of counternarcotics
seyedali Poormanuchehri afsaneh robatjaziDrug-related issues are one of the most serious issues in Iranian society and are important from various aspects of sociology, psychology, law, politics, etc. The link between crime and narcotics is one of the presuppositions that policymakers have always used to gain p MoreDrug-related issues are one of the most serious issues in Iranian society and are important from various aspects of sociology, psychology, law, politics, etc. The link between crime and narcotics is one of the presuppositions that policymakers have always used to gain public confidence and the need for a serious and intense fight against narcotics, and have developed specific anti-narcotics laws. Research Method The present study is a combination of descriptive, documentary and analytical methods, the final analysis of which has been done by qualitative analysis. Findings show that the legal aspects of counternarcotics are to reduce supply, stop production, cultivation, manufacture, trafficking, distribution and consumption and use of drugs and diversions and based on the nature and nature of judicial and disciplinary Has been explained. The crime of producing and manufacturing narcotics is the production of one narcotic from other narcotics, and the legislator has not made any special distinction between the production and manufacture of narcotics, and any quality of narcotics or psychotropic substance has been created. Has been considered a crime. In the distribution and supply of narcotics, any ordinary act where it leads to the transfer and distribution of narcotics to others without receiving any money or money for them is a crime. Distributor ownership is not a condition for the crime of distribution. The Anti-Narcotics Law, in terms of the dimensions of drug use and use, is more inclined towards the criminology of drug addiction and has chosen a "criminological" approach instead of "pathological" addiction, although a new look and approach to the approach It also has soft (disease-treatment, rehabilitation and prevention). Manuscript profile -
Open Access Article
569 - The Universality of Intellectual Property Rights with an overview of Iranian Law
ayoub milaki Mehdi Hadavand Mohammad DarabiGlobalization has had its effects on all areas of human life, including various fields of jurisprudence. The globalization of intellectual property rights and their effects in the legal system of many countries can be exempted from this challenge, but in Iran due to the MoreGlobalization has had its effects on all areas of human life, including various fields of jurisprudence. The globalization of intellectual property rights and their effects in the legal system of many countries can be exempted from this challenge, but in Iran due to the conflicting views of some jurists by limiting the scientific, literary and artistic fields and somehow monopolizing it to some extent, which presented a serious challenge in accepting this branch of science in the legal system. Recourse to universal methods for applying formal and substantive rules of intellectual property rights and the influence of modern legal systems on global legislative treaties and finally the texts that have forced this branch of law to follow the universal rules of intellectual property rights, is a fact that cannot be ignored. Therefore, the commitments of governments, including Iran, in terms of intellectual property rights are to the result that its tools have been provided for the states for many years with the joint cooperation of specialized institutions of the World Trade Organization. In this article the descriptive-analytic method was adopted, and we tried to clarify the concept of Globalization and its connection to intellectual property was explained, then after analyzing the reasons that advocates and opponents set out; we considered the obstacles in this area. In this regard, the Iranian government must abandon the old interpretations of jurisprudence and deal with a new understanding of the effects of globalization on intellectual property rights as a fact. Manuscript profile -
Open Access Article
570 - Criteria for fulfilling the ablution and its desecration in the five religions and criminal law of Iran
Soheila Baybordi Mahmoud Qayyumzadeh Abbas Ali HeydariOne of the conditions of theft subject to hadd is that the stolen property is in the amulet. An amulet is a suitable place where the property of mystics is protected from theft. Therefore, the amulet of property changes according to time and place, and the criterion for MoreOne of the conditions of theft subject to hadd is that the stolen property is in the amulet. An amulet is a suitable place where the property of mystics is protected from theft. Therefore, the amulet of property changes according to time and place, and the criterion for distinguishing it is custom. Blasphemy and expulsion of property from amulets are other conditions of theft to the extent that blasphemy, in addition to material blasphemy, includes spiritual blasphemy. Criteria of custom as well as the ability to maintain property in the realization of amulets are discussed. Blasphemy is also carried out according to customary criteria. The emergence of the virtual world is also effective in redefining the amulet and its desecration. The five religions mainly agree on the criteria for performing the ablution and its desecration. In Iranian criminal law, however, the criterion of custom is accepted. This study has found that in general, the criteria for performing the amulet and its desecration are the same in Islamic jurisprudence and Iranian criminal law and is based on customaryness, although in Islamic jurisprudence there are many differences in determining the instances of the amulet. Manuscript profile -
Open Access Article
571 - The responsible behavior of lawyers in Iran's legal system
farideh Asgari mostafa namdar pourbengarOne of the most important legal categories that is linked to responsibility and accountability is the civil responsibility of the lawyer. The need to respect this right is one of the issues that have not been addressed; Therefore, it is necessary to know the basics and MoreOne of the most important legal categories that is linked to responsibility and accountability is the civil responsibility of the lawyer. The need to respect this right is one of the issues that have not been addressed; Therefore, it is necessary to know the basics and areas of civil responsibility of a lawyer. Assuming that the fault is realized by the lawyer and its compensation through the mechanism of civil liability, the discussion of how to compensate, the amount and type of compensation and the person responsible for compensation, etc., arises. Some of these challenges can be answered by referring to the civil liability law of 1339, but the answer to some others requires a comprehensive law in this area so that in case of violation of the client's rights, the lawyers are responsible and required to compensate the damages. The main research question is what is the basis of the civil responsibility of the lawyer. In answer to this question, it can be said that the basis of responsibility in this field is the theory of fault. Therefore, in the light of referring to the general law of civil liability, we can expect compensation for the damage caused by the lawyer's civil liability by writing a comprehensive law, with a comparative approach to the laws of other leading countries in this field, as well as applying self-regulation rules. Manuscript profile -
Open Access Article
572 - The positive value of the UAE in the science of principles and its function in jurisprudence and subject law
zahra sadatahrafe Hadi Azimi GarkaniAbstract :Presumption is the way to real religious law that is an invented real religious law for inventor. In other words, as presumption is caused mistrust, Jurisprudence considers it as valid, namely, news. In fact, methodology is one of the religious laws that prove MoreAbstract :Presumption is the way to real religious law that is an invented real religious law for inventor. In other words, as presumption is caused mistrust, Jurisprudence considers it as valid, namely, news. In fact, methodology is one of the religious laws that proves religious laws in which unveiling of the truth is considered, such as trust and bayyene news and so on. Then, presumption does not include theology but it is contrary to theology, since theology is valid until presumption is not available or else it is unnecessary. As it is important to investigate presumption in jurisprudence and Islamic point of view, this study has conducted to investigate presumption probative value of methodology and its performance on jurisprudence and positive laws. This study was functional and analytical-descriptive. Considering the obtained results showed that : triple theories are based on theories on invented presumption and in jurisprudence it is in various views elements in considering the elements or not. In jurisprudence, presumption is classified according to proved causes, but the main difference is that it does not reach to reality directly. Then, sanity inferring in extracting the condition is considerable, then it can be said, every which is considered as causes, and reality is the sanity inferring from conditions and it is not the intended condition.Keywords : Presumption, Religious laws, Islamic laws , Islamic jurisprudence, Islamic laws, Sects. Manuscript profile -
Open Access Article
573 - A comparative study of assignment of contract in Iranian legal system and common law with emphasis on lease contract
amir abbas kavoosi Hassan Badini Nejad ali AlmasiThe assignment of the contract and the assignment of the position related to the contract by the assignor of the contract to the receiver causes the party to the original contract to withdraw from the primary legal relationship and another person or persons are placed i MoreThe assignment of the contract and the assignment of the position related to the contract by the assignor of the contract to the receiver causes the party to the original contract to withdraw from the primary legal relationship and another person or persons are placed in the contractual position of the assignor as a substitute. The most vital effect of the secondary transfer of the lease contract is the same as the voluntary transfer of the contract of the third party, for the method of subrogation of the buyer in the secondary transfer of the lease, it is clear that it is the buyer's representative in the same tenant in relation to the transfer of the right to receive rent and the right Termination and discharge to him is disputed and disputed in the courts. The findings of the research indicate that in the English legal system, with the secondary transfer of the lease contract to the buyer, he is obliged to conclude and accept the terms of the lease contract, and despite the contractual legal transfer to the buyer, the seller also becomes responsible. The research method is descriptive and analytical. Manuscript profile -
Open Access Article
574 - International and Iranian policies on defective goods and compensation
faranak moazen Ahmad Shams Seyed Mojtaba Mirdamadi Ahad BagherzadehPolitical and trade developments in the last half century have introduced the world into a new process, which is characterized by the rapid reduction of geographical distances and the increasing integration of trade, social and political systems with the accelerating pr MorePolitical and trade developments in the last half century have introduced the world into a new process, which is characterized by the rapid reduction of geographical distances and the increasing integration of trade, social and political systems with the accelerating process of concluding numerous contracts in the creation, production and consumption. Is. ﺎ ، . In Iranian law and international documents, the scope of customer rights arising from the sale of defective goods can be imagined in two parts: And its mechanisms and in international documents are referred to as non-compliance of goods and defects and related mechanisms. 2. The actual methods of compensation, which raises the possibility of providing damages resulting from the loss of a favorable contractual position both in order to fulfill the obligation and its termination. Basically, in the case of ﻣ In the 1980 Convention on the Elimination of All Forms of Discrimination against Women and the principles of European contract law, in addition to providing for mechanisms to relieve the customer of an unfavorable contractual situation, there is no need to go back. However, in Iranian law this scope is more limited and there is no explicit text regarding the compensation and assignment of damages resulting from the loss of a favorable contractual position; Also, this difference in compensation methods is such that the methods provided in international documents are more diverse, up-to-date and more purposeful than the mostly traditional methods of compensation in Iranian law. Manuscript profile -
Open Access Article
575 - The strategy of the rule of justice in climate change and the guarantee of sustainable human security with an emphasis on the principle of shared but different responsibilities.
Hadi Masoudifar Alireza Arashpoor Masoud Raei DehaghiAmong the general principles of law and progressive scientific rules, the rule of fairness has a prominent value and position, and since this rule has considerable flexibility, it has the ability to be applied in dealing with new issues and challenges of public internat MoreAmong the general principles of law and progressive scientific rules, the rule of fairness has a prominent value and position, and since this rule has considerable flexibility, it has the ability to be applied in dealing with new issues and challenges of public international law. Is. Therefore, while defining the rule of fairness, it is necessary to evaluate the position of this rule in the implementation of international agreements related to the field of international environmental law, and also to analyze the need to protect the environment based on the requirements of public opinion in jurisprudence. Accordingly, in this study, which was conducted inductively and using library studies, while evaluating the application of the rule of justice in ensuring human security, it was found that the rule of justice through the principle of "joint but different responsibility" in the Paris Climate Change Conference Has been exploited. On the other hand, it has been shown that the rule of fairness in international environmental law has led to the introduction of the term "climate justice". Manuscript profile -
Open Access Article
576 - The rights of the accused and the invalidity of the preliminary investigation; Challenges and requirements (in the Code of Criminal Procedure adopted in 1392 and subsequent amendments)
masoud Fadaei Dehcheshmeh Asal Azemeyan sajad jahanbaziGojaniPrior to the enactment of the Code of Criminal Procedure in 2013, the Iranian judicial system was in line with the investigative judicial system at the preliminary investigation stage, but with the innovations of the new law, especially in the field of promoting the def MorePrior to the enactment of the Code of Criminal Procedure in 2013, the Iranian judicial system was in line with the investigative judicial system at the preliminary investigation stage, but with the innovations of the new law, especially in the field of promoting the defense rights of the accused, the situation has changed. The provision of criteria such as the right to inform the relatives of the accused, the right to a medical examination and the right to be informed of the rights of the defense are among the most important innovations of this law, which itself indicates an attempt to further the preliminary investigation. Installing the "Charter of the Rights of the Accused" in the corridors of police stations, courts and criminal courts in such a way that it is visible to the clients and the accused, so that they ask the law enforcers to observe these rights; It may have beneficial effects on the judicial reform process and the way criminal proceedings are conducted. Violation of the rights of others, including defendants, is an unforgivable sin, and hard-working judicial officers and judicial colleagues are also expected to make every effort to ensure strict observance. In the Code of Criminal Procedure adopted in 1392, failure to comply with the mandatory principles in the preliminary investigation stage has resulted in disciplinary punishment and there is no place that explicitly considers the guarantee of non-compliance with these principles in the preliminary investigation stage to invalidate the preliminary investigation. The comments of Articles 63, 106 and 196 of the said law confirm this opinion this research has been done as a documentary library .We first found a source in relation to the subject according to the subject and then studied the field by gathering resources. Manuscript profile -
Open Access Article
577 - A comparative study of Iran's nuclear activities from the point of view of the jurisprudence of Nafi Sabil and international law
goudarz beyrami atefeh amininia soudeh shamlouWith the discovery of the atom and the increasing development of nuclear energy, extensive efforts were made at the level of the international community for the peaceful use of nuclear energy.The collection of these efforts led to the formation of a set of documents, tr MoreWith the discovery of the atom and the increasing development of nuclear energy, extensive efforts were made at the level of the international community for the peaceful use of nuclear energy.The collection of these efforts led to the formation of a set of documents, treaties, customary rules and procedures for governments to regulate their nuclear activities within its framework. Today, the use of nuclear energy is an important issue in the world community, and the international law of nuclear activities considers and approves the achievement of peaceful atomic technology as a part of national sovereignty.In this context, Iran's nuclear activity is not separate from this issue, so that in recent decades, the country's nuclear activities have been the focus of the international community. The present article, with descriptive and analytical method, aims to answer the question, why peaceful nuclear activities Is Iran allowed?The results of this research show that Iran's nuclear activities under the protection of the holy Sharia and the principle of sanctity in not using nuclear weapons and in the light of the jurisprudence rule of the Nafisabil rule are only for peaceful purposes and to avoid non-Muslim domination over Muslims. Iran has always proven that it does not use its nuclear activities for peaceful purposes in accordance with international law. Manuscript profile -
Open Access Article
578 - Explain the dimensions and components of the position of intellectual property rights in the system of public international law
Pezhman Mirkarimi Seyed Bagher Mirabbasi Maryam MoradiThe purpose of this research is to explain the dimensions and components of the position of intellectual property rights in the general international law system. In the end, the great mission of international law is the establishment of order, peace and security in the MoreThe purpose of this research is to explain the dimensions and components of the position of intellectual property rights in the general international law system. In the end, the great mission of international law is the establishment of order, peace and security in the world, which is considered one of the most fundamental concerns of humanity today. Intellectual property rights are also a bridge between international law and private law, it is protected by international laws and is considered one of the most important issues of the present age due to its limitless application. Its importance is more evident when it breaks geographical borders in the international arena, brings growth, scientific progress to countries and shows its effect from one country to another. But what is the role and position of intellectual property rights with such broad dimensions on the most important goal and mission of the international law system, which is the realization of global order, peace and security? In this research, by examining the place of intellectual property rights in the international legal system, it was concluded that intellectual property rights, in addition to their positive effects on the fulfillment of international obligations, also have negative effects on these obligations and in some cases, their effects lead to the violation of international obligations. and endangers global peace and security. The production, invention, use and expansion of weapons of mass destruction by the owners of intellectual property rights, monopolizing the production of drugs, medical equipment, vaccines and Manuscript profile -
Open Access Article
579 - Comparative study of the right of imprisonment in jurisprudence, Iranian and Canadian law
Tohid Ebadi Alireza Lotfi Ebrahim NoshadiRight of lien is one of the most important rights to have been addressed both in Iran’s and in Canada’s law considering its jurisprudent and the common-laic-system origins, respectively, though it has not been a point of consideration in Canada’s law a MoreRight of lien is one of the most important rights to have been addressed both in Iran’s and in Canada’s law considering its jurisprudent and the common-laic-system origins, respectively, though it has not been a point of consideration in Canada’s law as wide as it has been in jurisprudence and Iran’s law. The right of lien is one of the important means of guarantee for the execution of contractual obligations. By contract conclusion, both parties are bound to execute whatever they have accepted through the contract, however, despite this bind, there is a probability that both or either parties refuse to execute their contractual obligations and bring about detriments to the other party. In Iran’s and Canada’s law, it is quite understandable that the guarantee for the execution of contractual obligations should have different types which have never been directly discussed upon either in the law of Canada as a country or in the law of Iran or jurisprudence. Manuscript profile -
Open Access Article
580 - Laws governing electronic contracts from the perspective of Imami jurisprudence and the subject law of Iran
rahim abdoli Tayeb Afsharnia Alireza RajabzadehE-commerce is essentially a financial exchange that takes place in the context of interconnected electronic devices. A contract through the Internet is basically a contract between two people who are present in terms of time and absent in terms of place. E-commerce is a MoreE-commerce is essentially a financial exchange that takes place in the context of interconnected electronic devices. A contract through the Internet is basically a contract between two people who are present in terms of time and absent in terms of place. E-commerce is an agreement between two people that is accepted by the buyer remotely through an international network (Internet) against the request of the seller, and this is also done through audio and visual devices. This work is research, theoretical and of the type of content production, and the content is presented by referring to jurisprudential and legal sources. In any of the electronic or traditional contracts, there may be a dispute between the parties on an issue of that contract, in order to resolve the dispute, it is necessary for the court to conduct legal proceedings and deal with the dispute. Among the issues raised in electronic commerce is the conclusion of electronic contracts; Because compared to traditional contracts in the law of our country, it is in the initial stages of development. Based on the laws of the subject of contracts and obligations in the context of the prevailing legal system or based on the agreement of the parties, the contract will be based on a law. In Iran's legal system, the law governing transactions is determined by the law of the place where the contract is made. If the contracting parties are non-Iranian and enter into a sales contract in Iran, they can specify another law implicitly or explicitly in the text of the contract. In this research, the quality and manner of laws governing electronic contracts as well as the dispute resolution authority in Imamiyyah jurisprudence and Iran's subject law have been discussed. Manuscript profile -
Open Access Article
581 - A reflection on the basis of jurisdictional deviation in Iran's criminal procedure regulations with a look at French regulations
Abbas ali ghorbaniyan Ali mazidi Seeyad Mehdi MansouriOne of the important manifestations of protecting individual rights is the right to a fair trial. Complying with the rules of competence is known as one of the mandatory rules among the principles of fair proceedings, the violation of which has been exceptionally recogn MoreOne of the important manifestations of protecting individual rights is the right to a fair trial. Complying with the rules of competence is known as one of the mandatory rules among the principles of fair proceedings, the violation of which has been exceptionally recognized in the criminal procedure law of Iran and France in the form of deviation from inherent and local jurisdiction. The main question in this article is what is the basis of disqualification? In this article, with a descriptive-analytical method, we have investigated cases of deviation from jurisdiction in the criminal procedure law of Iran and France, and we have come to the conclusion that the two important viewpoints of individual rights and public security can be used as the foundations of deviation. He mentioned the qualification. Sometimes the government ignores the rules of jurisdiction in order to protect the rights of the accused in order to have a fair trial, and sometimes the government overrides the rules of jurisdiction for order and public security. The latter case is one of the cases that, due to its unclear scope, can cause the violation of the rights of the defendants. Manuscript profile -
Open Access Article
582 - A legal look at the reduction of the specificity of the state in the postmodern era with the separation of "public-private" as an element of fundamental thinking.
Mohammad Mirzaeimehr Kheirollah Parvin Abdolkarim ShaheydarThe new form of the government, which is being realized along with diversity, differences and distances, raises questions about the conditions of exercising government power in the societies entered in the postmodern era. With such a situation and by entering into compl MoreThe new form of the government, which is being realized along with diversity, differences and distances, raises questions about the conditions of exercising government power in the societies entered in the postmodern era. With such a situation and by entering into complex relationships of mutual dependence and being present in the competition of various powers with which it is required to combine and pass through multiple lines of rupture, it seems that a significant part of the means of action and its ability to control the transformation Social has lost; The government is no longer considered to be the arena of purity, selflessness and sacrifice, but it is considered the position and position of pursuing individual interests. At present, this thinking has prevailed that the public administration should be efficient and beneficial like a private person, and this efficiency will lead to the realization of good management. According to the research, it should be said; The assumption based on which the public administration, which serves the public interest, is not able to provide efficiency and usefulness gave way to the idea that the administration is required to continuously improve its functions and reduce its costs, just like private individuals; The department is committed to carrying out its missions in the best possible conditions, and taking care of the quality of its support using the best tools and facilities available to it. Therefore, its difference with private institutions is fading. In this research, using a descriptive-analytical method, an attempt has been made to investigate the legality of the reduction of the specificity of the government in the post-modern era by distinguishing "public-private" as an element of fundamental thinking. Manuscript profile -
Open Access Article
583 - Legal Sources of Obligation to Provide Information and Its Performance Guarantee in Iranian and British Law
Pari khaledi Bahareh ShafieiIdentifying the consumers’ right to have access to information has a significant effect onorganizing their behavior and making an informed choice in goods consumption. With thecomplexity of the structure of the goods and the difference in the information level of MoreIdentifying the consumers’ right to have access to information has a significant effect onorganizing their behavior and making an informed choice in goods consumption. With thecomplexity of the structure of the goods and the difference in the information level of themanufacturing and supplying specialists compared to the consumer, a kind of informationasymmetry has been created that endangers social peace and tranquility and creates tension in therelations between the two social groups: the supplier and the producer on the one hand and theconsumer on the other hand. Therefore, to prevent problems arising from the asymmetry ofinformation, the task of providing information to the consumer is assigned to the suppliers ofgoods. In addition to the will of the parties and their agreement regarding the obligation toprovide information explicitly and implicitly, the importance of the law as one of the sources ofthis obligation should not be overlooked. The issue of the obligation to provide information inlegal sources can be the act of providing necessary information or the act of refraining fromproviding false information, depending on the case. In Iranian law, the traces of acceptance ofboth aspects of this obligation can be observed in both general and special regulations. In thecommon law legal system, the lack of guidance and warning is considered a type of productdefect. However, since the discussion of the obligation to inform and the duty of producers andsellers regarding guidance and warning is important and comprehensive, it is investigatedseparately from the discussion of defect option under an independent heading. Manuscript profile -
Open Access Article
584 - Investigation & Evaluation of the Impact of Utilitarianism in Murder on the Quality and Amount of Punishment for the Perpetrator
mohamad javanbakht zahra tajarei moazzeneiHomicide, as a general word, is attributed to all illegal killings, including murder and manslaughter, sometimes leading to benefits for the perpetrator. All murders are not intentional; some are unintentional and legal, such as murdering due to legitimate defense or an MoreHomicide, as a general word, is attributed to all illegal killings, including murder and manslaughter, sometimes leading to benefits for the perpetrator. All murders are not intentional; some are unintentional and legal, such as murdering due to legitimate defense or an attack by a crazy person, which are considered justified despite being intentional. It is to be noted that intentional murder is taking the life of another person life with malice. Regarding this crime, the primary victimized person, who loses life as the significant life capital, sometimes creates the grounds for committing the crime. As a result, they are the ones who motivate the murderer. Therefore, creating a favorable situation and conditions for committing a crime by the victim, which creates a dangerous situation for the murderer, and the one who inevitably commits the crime, makes the murder beneficial for the perpetrator. The present study aimed to elaborate the approach of Imamiyah jurisprudence and, accordingly, the criminal law related to the perpetrators of murder based on benefit. The results derived by descriptive-analytical study of related jurisprudence and legal sources indicate that the newly emerging criminological subject has been the focus of thinkers in Imamiyah jurisprudence and criminal law. Perpetrators of such criminal behavior are not considered blameworthy, and a permissive and sometimes reductionist approach is taken toward them. Moreover, this is what has been taken in the subject of criminal law. Manuscript profile -
Open Access Article
585 - Examples of Reference to an Expert in Emamiyah jurisprudence and Iranian Law
Mohammad Ojagh Mohammad Ali Safa Mehdi BahrehmandAn expert's opinion is an investigation that the court entrusts to a competent person called an expert in order to distinguish the right by preparing its preparations and asks him to provide technical and specialized information that is not available to the court in ord MoreAn expert's opinion is an investigation that the court entrusts to a competent person called an expert in order to distinguish the right by preparing its preparations and asks him to provide technical and specialized information that is not available to the court in order to resolve legal and criminal cases. put In fact, the purpose of the current research is to examine jurisprudential and legal examples of referring to an expert, which is written in a descriptive-analytical way and with library tools, and the findings of the research indicate that in the current situation and with the specialization of affairs and also considering the complexity Court cases, especially in the fields where the judge has no expertise in this field, there is no other option but to cite and refer to the expert's theory. In order to give validity to the evidential power of the said theory, the legislator has set conditions, including the reliability of the expert, and if those conditions are established, the opinion He considers the expert to be reliable, although due to the large number of cases and the ease of the proceedings, he does not consider it necessary to achieve justice even in the criminal cases referred to the forensic medicine because it is not easily possible, and he cites the doctor's theory. But the existence of these conditions does not mean that the judge is obliged to give effect to the expert's opinion, except in cases of non-compliance with the researcher's circumstances. Therefore, if necessary, the judge will refer to the expert's opinion, and he is free to accept or reject it, and basically, the judge will examine and evaluate the evidence based on his broad authority. Manuscript profile -
Open Access Article
586 - A comparative study of maximum criminalization in Iran and America
Alireza Arabiyan Sajad AkhtariCriminalization in the legal systems of Iran and the United States has taken an extreme or maximal form, and therefore the author in this article tries to investigate the various aspects of the maximization of criminal legislation in the legal systems of Iran and the Un MoreCriminalization in the legal systems of Iran and the United States has taken an extreme or maximal form, and therefore the author in this article tries to investigate the various aspects of the maximization of criminal legislation in the legal systems of Iran and the United States. In today's era, many countries have faced the phenomenon of maximum criminalization. The damages caused by this problem in various dimensions have affected not only third world and developing countries, but also a country like America. Expressing the fact that this issue means criminalization. Today, maximumism has become one of the most important challenges of many countries, including Iran and the United States, and has forced many to analyze and research the issue. The study of the effect of this phenomenon has been the subject of many researches. This research is also from the angle of His vision has looked at the subject. The research method is descriptive and analytical. Manuscript profile -
Open Access Article
587 - The Distributional Changes of Financial Assets’ Return in Pre and Post COVID 19 Based on Power Law, Stretched Exponential Function and q-Gaussian Function
rasool rezvani gholamreza askarzadehIdentifying the distributional behavior of returns of risky assets is one of the necessities that has attracted the attention of many researchers. Because a more accurate knowledge and understanding of the distribution behavior of returns in them allows for more accurat MoreIdentifying the distributional behavior of returns of risky assets is one of the necessities that has attracted the attention of many researchers. Because a more accurate knowledge and understanding of the distribution behavior of returns in them allows for more accurate predictions of the future state of the market, especially in determining the risk-exposed value of these assets, which has a direct relationship with the distribution form of returns. The aim of the current research is to investigate the distributional changes of financial asset returns in the periods before and after covid-19 based on power law, stretched exponential function and Gaussian q-functions.In this regard, 3 variables: stock market index, gold price and exchange rate were investigated and their related Information was collected in each of the trading days during the period of 2016-03-26 to 2023-01-19 .In order to test the hypotheses, by using the Kolmogorov-Smirnov test, the empirical distribution of returns was compared with each of the mentioned distributions. The results showed that the logarithmic distributions of these assets do not follow any of the probability distributions obtained from the power law, stretched exponential and q-Gaussian. Manuscript profile -
Open Access Article
588 - Analysis of IT Level on the Probability of Risk of Filing a Lawsuit against the Auditor with Emphasis on the Role of Audit Quality and Auditor Expertise
علی علی اکبری Seyed Hesam VaghfiAbstract The purpose of this study is to analyze the level of information technology on the risk of litigation against the auditor with emphasis on the role of audit quality and auditor expertise. This research is applied in terms of purpose and in terms of methodology MoreAbstract The purpose of this study is to analyze the level of information technology on the risk of litigation against the auditor with emphasis on the role of audit quality and auditor expertise. This research is applied in terms of purpose and in terms of methodology of correlation is causal (post-event). The statistical population of the study was the companies listed on the Tehran Stock Exchange and using the systematic elimination sampling method, 127 companies were selected as the sample of the research. The method used to collect information is a library and the relevant data for measuring variables were collected from Kedal website and companies' financial statements and to test the research hypotheses, Steta software version 15 was used. The results showed that there is a direct and significant relationship between the level of information technology and the risk of litigation against the auditor and also the variable of audit quality with a positive coefficient of direct and significant moderation on the relationship between the level of information technology and the risk of litigation against the auditor. In the third hypothesis test, it was observed that the auditor's expertise has no significant effect on the relationship between the level of information technology and the risk of litigation against the auditor. Manuscript profile -
Open Access Article
589 - Conservation laws and invariant solutions of time-dependent Calogero-Bogoyavlenskii-Schiff equation
Y. AryaNejad R. Mirzavand -
Open Access Article
590 - Densities and fluxes of the conservation laws for the Kuramoto-Sivashinsky equation
M. Jafari Y. Alipour Fakhri M. Khadivar -
Open Access Article
591 - The comparison of two high-order semi-discrete central schemes for solving hyperbolic conservation laws
Rooholah Abedian -
Open Access Article
592 - Investigating the New Conservation Laws of Hunter-Saxton Equation via Lie Symmetries
Mehdi Jafari Somayeh Sadat Mahdion -
Open Access Article
593 - THE SCALING LAW FOR THE DISCRETE KINETIC GROWTH PERCOLATION MODEL
K. Yamamoto Y. Yamada S. Miyazima -
Open Access Article
594 - Rheological Properties of Chocolate Pistachio
S. Khorasani M. H. Azizi M. Eshaghi -
Open Access Article
595 - Viscous Flow Behavior of low-calorie pistacjio butter:A response surface methodoligy
B. Emadzadeh S.M.A Razavi M. Hashemi -
Open Access Article
596 - The Synergist Effect of The Henna Plant, Lawsonia alba on Bacillus thuringiensis var. kurstaki Against Third Larval Instar of Pistachio Leaf Borer, Ocneria terebinthina Strg. (Lep.: Lymanteriidae)
Zahra Sheibani -
Open Access Article
597 - A Survey of Professional Ethics of Police Commanders of East Azerbaijan Province
Karim Esgandari Negin Mirab KhanbaghiProfessional ethics includes the principles, duties, and standards of individual and organizational behavior expected of professionals in a variety of occupations. Each profession has its own ethics, behavior and obligations, which are derived from the statute of that p MoreProfessional ethics includes the principles, duties, and standards of individual and organizational behavior expected of professionals in a variety of occupations. Each profession has its own ethics, behavior and obligations, which are derived from the statute of that profession. The commanding profession, like other professions, has its own ethical standards. This article was conducted with the aim of examining the situation of professional ethics in the commanders of the police force of East Azerbaijan province that the observance of professional ethics standards by military commanders can be effective in the quality of the process and output of the security system. The present research is applied in terms of purpose and survey in terms of method. The statistical population of the present study is the commanders of the police force of East Azerbaijan province. According to information received from the police, their number is 150 at the time of the investigation. Cochran's formula was used to calculate the statistical sample size. A questionnaire was used to collect information. Confirmatory factor analysis shows that there is a positive and significant correlation between the professional ethics of commanders and its components and the dimensions identified; Individual, technological, leadership, structure, socio-cultural, religious commanders of the police force. Also, the professional ethics of commanders and its components are above average. Manuscript profile -
Open Access Article
598 - The Study of physiological characteristics of Henna (Lawsonia inermis) ecotypes at nitrogen fertilizer rates and deficit irrigation
hasan Sarhadi Jahanfar Daneshian ali reza Valadabadi hosein Heidari Sharifabad gholamreza Afsharmanesh The physiological response of Henna ecotypes to different rates of N fertilizer and low-irrigation was studied in a split-split-plot experiment on the basis of a Randomized Complete Block Design with four replications in research farm of Islamic Azad Univer More The physiological response of Henna ecotypes to different rates of N fertilizer and low-irrigation was studied in a split-split-plot experiment on the basis of a Randomized Complete Block Design with four replications in research farm of Islamic Azad University of Jiroft in 2013-2014. The main plot was devoted to low-irrigation stress at three levels (100, 75 and 50% water requirement), the sub-plot was devoted to N fertilization at three levels (50, 100 and 150 kg N ha-1) and the sub-sub-plot was devoted to ecotype at three levels (Bami, Boushehri and Roudbari). It was found that low-irrigation stress significantly affected all traits (relative water content, dye rate and chlorophyll index at the 1% level and chlorophyll a, total chlorophyll and chlorophyll a/b at the 5% level) except electrolyte leakage rate and chlorophyll b. The influence of N rate was significant on all traits (at the 1% level, chlorophyll index at the 5% level) except electrolyte leakage rate, chlorophyll b and dye rate. The studied ecotypes showed significant differences only in dye rate (at the 1% level) and electrolyte leakage (at the 5% level). The highest Lawson content of 20.61 was obtained from the ecotype Bami treated with 150 kg N ha-1 and 75% water requirement. The lowest one of 12.55 was obtained from the ecotype Boushehri treated with 150 kg N ha-1 and 50% water requirement. Therefore, it can be said that the application of 100 kg N ha-1 treated with water stress at 75% water requirement was the best treatment for obtaining more fresh plants with higher essential oil (Lawson). Manuscript profile -
Open Access Article
599 - The Reflection of Writing Style in the Transparency of Criminal Laws with the Emphasis on the Crimes Against the National Security
Zeinol Abedin Gholsanamloo Rahim Wakil Zadeh Reza RanjbarAbstract Of the numerous laws which are enacted in a legal system, the statutory laws, for having the most contact with citizen's rights and freedom are of specific importance. The beginning points of these laws are their enac MoreAbstract Of the numerous laws which are enacted in a legal system, the statutory laws, for having the most contact with citizen's rights and freedom are of specific importance. The beginning points of these laws are their enactments, and so to say, is the guilt presumption. In this course, paying attention to legislation, because of its precedence to its enacting and having a set of subtleties, has more sensitivity. The most significant point which this research deals with, is the clarity of the law which is posed as one of the important factors of the law's quality and the usage of grammatical and writing rules and avoidance of such elements of heckler like ambiguity, contradiction and law deficiency, to enact the desired laws and reduce the unsuitable interpretation of the laws and avoid the criminal guilts against the nation's security. The results of this research which were done through descriptive-analytic method, indicate that in Iran's criminal law, despite the endeavors done, this point has been neglected which by its continuation it can have severe challenges that in numerous occasions these laws are enumerable and documented. Manuscript profile -
Open Access Article
600 - The effects of managers' encroachment on the issue of joint-stock companies from the perspective of Iranian and British law
Gholamreza Safara Siavsh Shojapourian Shapour FarhangpourIn the present study, the effects of managers' aggression on the subject of joint-stock companies have been investigated from the perspective of Iranian and British law. Examining the legal status of commercial company managers showed that by examining and analyzing the MoreIn the present study, the effects of managers' aggression on the subject of joint-stock companies have been investigated from the perspective of Iranian and British law. Examining the legal status of commercial company managers showed that by examining and analyzing the ideas presented, it seems that applying the theories of attorney, agency and employee is logical from some aspects. But today, the application of these views regarding the legal relationship of managers with a joint-stock company is seriously doubtful from all angles as a complete theory. Because it requires limited authority for them, which is in conflict with the requirements of business affairs in today's world. For this purpose, a new theory was presented, which was first proposed by German lawyers under the title of organic or organic theory, which is useful for full powers for company managers. And according to this theory, the managers and the company are one, and in other words, the managers themselves are considered the company, and their actions and decisions are considered the actions and decisions of the company. But in the analysis of the legal status of managers as a pillar of the company, it should be done with a legislative attitude and away from extremes. The acceptance of managers as one of the pillars of the company should not be so extreme as to equate the administration with the legal entity itself, rather, the administration is bound to the legislator's description of each of those pillars, just like the other pillars of the company. In other words, managers are only a pillar of the company's pillars in front of third parties, and there is unity between their will and the will of the legal entity, but in internal relations, their Manuscript profile -
Open Access Article
601 - Analyzing the dimensions and components of criminal responsibility of legal entities in Iranian criminal law with an approach to Imami jurisprudence
Amirjavad Laminezhad Eisa Baninaeimeh amir alboaliCriminal liability of legal entities is one of the most important and controversial issues in criminal law. In different legal systems, there are different approaches to this issue. In some systems, legal entities are not held criminally responsible, while in others, le MoreCriminal liability of legal entities is one of the most important and controversial issues in criminal law. In different legal systems, there are different approaches to this issue. In some systems, legal entities are not held criminally responsible, while in others, legal entities can be held responsible for criminal acts along with natural persons. In Iranian law, the criminal liability of legal entities is recognized in the Islamic Penal Code approved in 1392. However, this law has not specified the terms and conditions of criminal liability of legal entities in detail. Hence, there are many differences of opinion in this field. In this article, with a descriptive and analytical method, the criminal liability of legal entities in Iran's criminal law has been examined. In this review, the concept and nature of criminal liability of legal entities has been discussed first. Then, the criminal responsibility of legal entities in Iran's criminal law has been comparatively investigated. Finally, according to the results of this study, the strengths and weaknesses of the criminal liability of legal entities in this legal system have been discussed. Then, the criminal responsibility of legal entities in Iran's criminal law has been comparatively investigated. Finally, according to the results of this study, the strengths and weaknesses of the criminal liability of legal entities in this legal system have been discussed. Manuscript profile -
Open Access Article
602 - Investigating the place of international law in the protection of the marine environment against Transportation of hazardous chemicals
Hooman Fathi Seyed Bagher Mirabbasi Mansoor Pournoori -
Open Access Article
603 - Evaluating waste management practices of street vendors in the informal settlement of Cape Town: a case study of Khayelitsha
Benett Siyabonga Madonsela Thabang Maphanga -
Open Access Article
604 - A Review on National and International Legal Documents on Combating Sand and Dust Storms
Manijheh Ganjalinejhad Farhad Dabiri Sahar Zarei Seyed Ali Salehpour -
Open Access Article
605 - The Impact of Multiculturalism Theory on the Development of Minority Rights in International Law
Ahmad kazemi Mohammad Ali kafaeifar It took about five centuries to identify the four cultural minorities (religious, ethnic, linguistic, and national) in international relations and law. Despite this lengthy process, due to the political approach of countries, the recognition of More It took about five centuries to identify the four cultural minorities (religious, ethnic, linguistic, and national) in international relations and law. Despite this lengthy process, due to the political approach of countries, the recognition of traditional minority rights (cultural, religious and linguistic rights) in Article 27 of the International Covenant on Civil and Political Rights (1966) was limited and negative. but with the development of the theory of multiculturalism in the 1980s and 1990s and the impact of its teachings on the 1992 Declaration of Minorities, the rights of minorities changed.This article aims to examine the impact of multiculturalism theory on the development of minority rights in international law, seeks to answer the question of what are the dimensions of the development of minority rights under the influence of multiculturalism theory? the writing hypothesis is that after the 1992 Declaration, the circle of minority rights expanded beyond cultural, religious and linguistic rights. this paper uses interrogative strategy and analytical-explanatory method and the theory of multiculturalism. the article identifies new minority rights by examining the 1992 Declaration using legal hermeneutic methods (natural interpretation, contextual and dynamic). these rights include: economic rights, the right to effective participation, the right of contact and the right to egalitarian integration. from the perspective of the Declaration, effective participation in all aspects of public life and the preservation of cultural commonalities is a legitimate manifestation of the right to self-determination in international law. Manuscript profile -
Open Access Article
606 - Protection of Cultural and Historical Properties in International law with Review to ICC's Action in Mali's Case
hassan khosravi farid SoltangheysDestruction of Cultural properties is one of the criminal conducts that occurs in domestic and International armed conflicts. In recent centuries, Spanning and intensification of this occurrence has been afford to be Response by International law. The Aim goal of this A MoreDestruction of Cultural properties is one of the criminal conducts that occurs in domestic and International armed conflicts. In recent centuries, Spanning and intensification of this occurrence has been afford to be Response by International law. The Aim goal of this Article is evaluation of historical and Cultural properties protections in International Law and International Criminal Court's(ICC) Response to destruction of Properties during the Mali's Civil war. The article is figure on to show Guarantees of violation of Protecting Cultural and Historical properties especially in Mali case by Analytical descriptive approach. Finding of article shown that the international law has bright obligations and obliged States to protect Cultural and historical properties and in Many Instruments and Treaties Destruction of Religious, cultural and Historical Properties has been Forbidden. This is one of the War crimes Sense and Based to that in the First Case of ICC one of the accused of Destruction of Historical and Cultural properties Has been Convicted to nine years in prison. Manuscript profile -
Open Access Article
607 - Designing a Paradigm Model of Ambiguous Marketing of Sports Products with a Data-Based Approach
reza arianshakib nemat khalifeh mehdi kohandel mohedin bahariAmbush marketing is a creative and daring method, while in many ways it creates legal barriers to this method, but there are many methods that do ambiguous marketing in a legal way. The aim of this study was to identify the effective factors in the marketing of sports p MoreAmbush marketing is a creative and daring method, while in many ways it creates legal barriers to this method, but there are many methods that do ambiguous marketing in a legal way. The aim of this study was to identify the effective factors in the marketing of sports products with the foundation data approach. The research method was qualitative and based on data theorizing. In this study, semi-structured interviews were used to collect information and data analysis was performed by Strauss and Corbin method and paradigm model. The statistical population of the study includes marketing experts and sports management professors who had an article or writings in the field of research. The reliability of the interviews was 0.85 by intra-subject agreement study. A total of 89 conceptual propositions were created from open source and 6 axes from the process of communication between codes and 6 selected codes to develop the main phenomenon. The results showed that 6 factors affect business ethics, creativity and innovation, citizenship rights, laws and regulations, surprise advertising and utilitarianism. Therefore, novelty and attractive design in advertising, non-social discrimination, attention to citizenship obligations, creation and strengthening of social norms, sustainability of advertising, increasing the desire to share advertising in the audience, cultural utilitarianism are suggested. Manuscript profile -
Open Access Article
608 - Detection of yeast contamination in milk claw linear of industrial dairy farms in Tehran
پیام Rasooli امین Khodadadi موسی Tavasoli SH Saghaei مجید Sedghiani For the purpose of identifying the most probable type of yeast which manifests the milk claws,15 industrials farms, which held holstein cattle for milk production,were selected randomly.samples were taken from the internal surface of the liners by sterile swabs More For the purpose of identifying the most probable type of yeast which manifests the milk claws,15 industrials farms, which held holstein cattle for milk production,were selected randomly.samples were taken from the internal surface of the liners by sterile swabs and then the samples were taken to the mycology laboratory.the samples were cultured in sabourauds dextrose agar and kept in room temperature.the final and definite recognition was done by the yeasts recognition kit(rapid yeast plus system).the type of yeasts which detected were include:C.albicansl C.krusei C.rugosal Cryptococcus.neoformanse,Cryptococcus.humiculus,Crytococcus.albicus,Rodotrola.rubra,Geotrichum.candidum ,Trichosporon.beigelly,Sporodiobolus.salmonicolor.in this study,relationship between number of milk claws washing per day and type of disinfected solution with detection of saprophyte yeasts were also considered. Manuscript profile -
Open Access Article
609 - Identify and analyze the status of good governance dimensions In the Jihad Agricultural Organization of Markazi Province
rostam derakhshanAbstract The main aim of present research was that identify and analysis the good governance dimensions in Jahad Keshavarzi Organization of Markazi Province so that it can offer solutions to improve the situation of good governance. This is an applied study in relation MoreAbstract The main aim of present research was that identify and analysis the good governance dimensions in Jahad Keshavarzi Organization of Markazi Province so that it can offer solutions to improve the situation of good governance. This is an applied study in relation to goal and it is a descriptive-survey study in relation to implementation method. The statistical society of research to identify the indices dimensions included 30 experts and to analysis its situation, included 408 persons. Based on Cochran’s formula, 198 persons selected among managers and personnel as research sample. The data-gathering tool was the author’s made questionnaire that its validity verified by experts and confirmative agent analysis and its reliability verified by calculating the Cronbach’s alpha coefficient (0.89). The research findings show that in dimensions of “provisions quality, the law reign, responsiveness, transparency, justice, effectiveness and outcome orientation”, there is the most distance between current and ideal situations. Finally, solutions have been proposed to improve the status of each aspect of good governance. Keywords: good governance, provisions quality, law reign, transparency Manuscript profile -
Open Access Article
610 - Investigating the dimensions and components of the rule of law in inclusive development and its political consequences
ali akbar Nasiri Khalili Ahmad Reza behniafar Ali پورقصاب امیریThe rule of law is one of the most important concepts in the field of public law, especially recognized fundamental rights and has universal value and is even one of the benchmarks for evaluating legal and political systems. So that every political and legal system in t MoreThe rule of law is one of the most important concepts in the field of public law, especially recognized fundamental rights and has universal value and is even one of the benchmarks for evaluating legal and political systems. So that every political and legal system in the field of the characteristics of the rule of law has been in a position of accountability and evaluation. The aim of this study was to investigate the dimensions and components of the rule of law in inclusive development. In this study, after explaining the concepts of rule of law and inclusive development, the effect of rule of law on inclusive growth and development and the legal, political and economic consequences of rule of law have been discussed. The results of this study indicate that in the first place, the rule of law leads to the establishment of legal order, which is one of the components of social order and political development. also; The existence of the rule of law in a society is a sign of development, and the realization of the rule of law can be a stimulus for achieving inclusive growth and development. Most importantly, the prominent role of the rule of law in the economic, political, social and cultural performance of countries, necessitates studies on the rule of law and inclusive development, given that the rule of law is one of the general principles of law and a component Is the foundation of a democratic society, Manuscript profile -
Open Access Article
611 - The Process of Iran's Membership in the World Trade Organisation from the Perspective of International Competition Law
Rahmat Hajimineh Taher Haidar ZadehJoining the World Trade Organization opens up a competitive market to Iranian producers through which they can market their capabilities. As a country that is not a member of the World Trade Organization, which is responsible for the free trade and full mobility of good MoreJoining the World Trade Organization opens up a competitive market to Iranian producers through which they can market their capabilities. As a country that is not a member of the World Trade Organization, which is responsible for the free trade and full mobility of goods and services worldwide, it will not be able to compete in global markets. International competition law is also cited as one of the essentials and factors contributing to the success of free market economies. If there is healthy competition among production and distribution actors, economic efficiency will rise and public welfare will increase and violations of international competition law will have adverse effects on economic efficiency. Therefore, legal systems are designed to counteract anti-competitive practices and to compensate for them by designing legal mechanisms. The purpose of this study is to examine Iran's WTO membership process from the perspective of international competition law. This study raises the question: what are the challenges in terms of Iran's international competition rights to join the World Trade Organisation? Descriptive-analytically evaluates the hypothesis that from the perspective of Iran's international competition for membership in the World Trade Organisation, there must be a great deal of effort in reforming laws and regulations, industrial and economic infrastructure, global quality production, business environment, banking system and Customs and privatisation. The findings of the study also prove this. Manuscript profile -
Open Access Article
612 - Application of Alternative Dispute Resolution (ADR) in International Economic Law
morteza karkhaneh Mohammadreza hosseini Mohammadali Solhchi haybatallah najandimaneshAlternative Dispute Settlement (ADR) phrase is a common term that refers to peaceful and out-of-court dispute settlement. In this way, the parties to the dispute, instead of resorting to the courts, settle their claims by a third party or in a manner they consider appro MoreAlternative Dispute Settlement (ADR) phrase is a common term that refers to peaceful and out-of-court dispute settlement. In this way, the parties to the dispute, instead of resorting to the courts, settle their claims by a third party or in a manner they consider appropriate. The most important kinds of this method are: arbitration, negotiation, mediation, conciliation, Amiable Composition, and combinatorial methods. On the other hand, international economic law covers a wide range of areas including financial and banking law, commerce and foreign investment law. The key question of this study is what is the notion of alternative methods? And how we can effective and efficiently the resolving disputes arising from economic law? This study uses a descriptive-analytical method and its results show that the origin of international economic disputes is mainly due to the interpretation or performance of commercial contracts and banking and financial agreements, disputes arising out of expropriation, or deny of services. Because of international economic law subjects are diverse and even include natural persons, disputes are very complex; the parties to the disputes are usually reluctant to refer disputes to state courts and judicial authorities, thus using alternative means to resolve their disputes. Manuscript profile -
Open Access Article
613 - The Relationship between the Mustache Denial Rule and the Borjam Treaty (Interaction or Conflict)
amanollah farid amrollah nikomanesh ali bahraminejadAbstract With the coming to power of the Republican government in the United States in 2017, the United States of America created a new challenge for the parties by unilaterally withdrawing from the BRICS agreement. In this article, the researchers, in view of the hosti MoreAbstract With the coming to power of the Republican government in the United States in 2017, the United States of America created a new challenge for the parties by unilaterally withdrawing from the BRICS agreement. In this article, the researchers, in view of the hostile view of the current US leaders in "normalizing Iran", try to examine the relationship between the rule of denying the mustache with the Barham Treaty and the principle of fidelity to the covenant. This study deals with the views of earlier and later jurists in assuming the issue and considers the adherent to the covenant in Islam conditional on the commitment of the other party, and at the same time interprets the essence of the rule of denying the mustache as denying the tyrant domination as Mousavi Khomeini, Ruhollah and Khamenei, Seyed Ali Iranian leaders agree. Keywords: Barjam, rule, denial of mustache, fidelity to covenant, international law Manuscript profile -
Open Access Article
614 - The unilateral performance of the United States and the European Union in the international arena
Mehdi Ashtari Ali Pourghasab Amiri Fakhrodin AbooyeGovernments set their own standards and regulations within the country and enforce them within their territory, but when the scope for implementing or influencing decisions goes to the international level, it is possible to intervene and comment on the establishment and MoreGovernments set their own standards and regulations within the country and enforce them within their territory, but when the scope for implementing or influencing decisions goes to the international level, it is possible to intervene and comment on the establishment and enactment of laws and norms. Unilateralism occurs, unilateralism occurs. After the Cold War and the collapse of the Soviet Union, the United States, along with European countries, especially Western Europe, has become a new international arena, which after a while with various events in various places, intervened politically, legally, militarily and economically, violating international law. No country, not even the United States, which has a hegemonic role, or the European Union, can intervene in the affairs of other countries, except in one case, according to the principle of non-interference in the internal affairs of countries, to which the United Nations is committed. The exception is the issue of humanitarian law, which should not be unilateral and arbitrary with the permission of the Security Council, while the United States openly violates international trade laws, arbitrarily intervenes militarily in various parts of the world, and political institutions. - Domestic law condemns countries Manuscript profile -
Open Access Article
615 - Necessities and non necessity Foucault reading of power
Afshin Eshkevar kiaei Ali Ashraf Nazari ahmad saee Kamal pooladiUnderstanding the nature of "power" from ancient political philosophy to modern philosophy has been considered in various ways, but here we analyze the concept of power from Foucault's methodological point of view, which had many critiques of different views of power. I MoreUnderstanding the nature of "power" from ancient political philosophy to modern philosophy has been considered in various ways, but here we analyze the concept of power from Foucault's methodological point of view, which had many critiques of different views of power. In this research, we first seek to understand the concept of power from Foucault's point of view and then examine the difference between his perception and that of others. Accordingly, the question that this article seeks to answer is what exactly does Foucault mean by power and what does not, and what is the meaning of power in Foucault's method apparatus? in this study, to answer this question, since the discussion of power in Foucault's genealogical method is an important and central concept, and Foucault himself always tried to express his distinction from the concept of power and others' understanding of power; Here we have also tried to examine this concept in Foucault's methodology in two parts called what is not power and what is power With a qualitative research approach and a descriptive method and through documentary and library study. Manuscript profile -
Open Access Article
616 - A Study and Analysis of the Developments of Women's Political and Social Rights in Iran
foziye keshavarz hamid zarabi korush ostovarsangari babak baseriWomen's rights are more in the spotlight today than ever before in human societies and political and social institutions, which, if not addressed, will create many problems in societies, regardless of the damage to women's physical and mental health. They make up half o MoreWomen's rights are more in the spotlight today than ever before in human societies and political and social institutions, which, if not addressed, will create many problems in societies, regardless of the damage to women's physical and mental health. They make up half of the world's population. The oppression and injustice that has historically been imposed on women's society has led international and domestic legislators to enact laws and regulations to prevent such oppression and to protect women's rights in all areas; Iran is no exception to this rule. In Iran, with the Constitutional Revolution in 1304 AH, the first constitution was written and despite the efforts of women in the emergence of this movement, the first constitution and its amendment did not mention women, but later ordinary laws were passed on women. They laid down. With the victory of the Islamic Revolution in 1978, the constitution of the Islamic Republic of Iran paid more attention to women's rights and the family was considered a fundamental and sacred institution, and the Islamic Consultative Assembly passed more and more laws on women's political and social rights. We are also witnessing positive changes in Iranian laws regarding women; In this article, with the method of descriptive-analytical research, an attempt has been made to express the changes in the legislation of Iran regarding women, from Qajar to the present day. Manuscript profile -
Open Access Article
617 - The place of motivation and ideology in defining terrorist crimes in Iranian law and comparing it with international documents
mazaher khajevand mina jafariOne of the obstacles to countering terrorism is disagreement about the concept and nature of this phenomenon. The constituent elements of terrorism have not been universally agreed upon, and this has led to different perceptions of terrorism and, as a result, a lack of MoreOne of the obstacles to countering terrorism is disagreement about the concept and nature of this phenomenon. The constituent elements of terrorism have not been universally agreed upon, and this has led to different perceptions of terrorism and, as a result, a lack of coordination in the fight against it. The fundamental question that arises in this regard is what are the characteristics and elements emphasized in the crime of terrorism? What is the place of motive and ideology in the definition of terrorist crimes in Iranian law compared to international documents? The present article is a descriptive-analytical and examines the question using the library method. The results of the study indicate that systemic violence, motivation (ideology), organization and lack of legitimacy are the most important characteristics of the crime of terrorism. International documents, including the UN General Assembly definition of terrorism, mention motive as a feature of terrorism, but in Iranian criminal law, the basis is not an independent criminal title for terrorism and emphasizes the systematic violence of terrorism in creating public terror. In Iranian criminal law, terrorism is mainly dealt with as moharebeh. Terrorism is considered in international documents or as an international crime in itself. Manuscript profile -
Open Access Article
618 - The evolution of the rule of law from the perspective of Thomas Hobbes and Jean-Jacques Rousseau
payam ghanizadehIn the new age, there are two views on the rule of law, which is one of the most fundamental principles of modern governance; Hobbesian approach to the rule of law and the Russian approach, in which both approaches share the idea of a social contract. Hobbes considere MoreIn the new age, there are two views on the rule of law, which is one of the most fundamental principles of modern governance; Hobbesian approach to the rule of law and the Russian approach, in which both approaches share the idea of a social contract. Hobbes considered the ruler of the pyramid of society, the ruler, to be the basis of law, and intended unlimited power for the governing body, which was given to him by the first agreement between the people and the ruler. There is no power. In another plan of the rule of law, which derives from Rousseau's philosophical point of view, the public will is the source of law and in a higher position than the ruler. This idea became the basis for extensive changes in the relationship between government and citizens in the new era, which was reflected in the French Revolution. During the 19th and 20th centuries, with all the changes that took place in legal discourse, the importance of this Russian view of the rule of law as the basis for real democracy rather than formal democracy increased. Therefore, in this article, we have tried to compare these two approaches to the rule of law and show the innovative aspects of Rousseau's social contract. This descriptive-analytical research is an introduction to the broader and deeper research in the political thought of these two prominent theorists in the modern world, with an emphasis on the evolution of the concept and basis of the rule of law in the new era. Manuscript profile -
Open Access Article
619 - Environmental obligations of governments; Systematic or fragmented politics
sodabeh namdariyan leila resisi dozdakiInternational Law of water is a subcategory of International environment law which they overlap in terms of applicable laws. While the field of international law of water is a brand-new field and many of its aspects face research gap dealing with each aspect can be rega MoreInternational Law of water is a subcategory of International environment law which they overlap in terms of applicable laws. While the field of international law of water is a brand-new field and many of its aspects face research gap dealing with each aspect can be regarded untapped. States accept obligations through different treaties and conventions by which they are obliged to perform, the field of water which the most important parts are international watercourses and freshwater at the international arena are of high significance. Managing and protecting such waters brings up challenges from the perspective of international law for the watercourses states which it is due to fragmentation of international law. Some believe in coherence and systematic aspect of this field, but some others bearing in mind fragmentation of international law, believe that international law of water is also affected by fragmentation. In this article we attempt, regarding environmental obligations of states, to examine fragmentation and coherence aspects of the existing rules. Manuscript profile -
Open Access Article
620 - Good governance and discourse governing the executive branch in Iran
naser enayat masoud motallebi"Good governance" is one of the indicators used during economic development. An index presented by the World Bank and in recent years has attracted the attention of many economic analysts and even political economists in Iran. An index that has 6 components t More"Good governance" is one of the indicators used during economic development. An index presented by the World Bank and in recent years has attracted the attention of many economic analysts and even political economists in Iran. An index that has 6 components to measure, including: the rule of law, political stability, corruption control, the effectiveness of government effectiveness, the right to comment and answer, and the quality of laws and regulations. But different governments seek to realize and implement these components under the influence of their ruling discourse. Therefore, measuring good governance as an important component in measuring the performance of governments, which has received attention in recent years in Iran, is to understand the internal discourse of governments. In this research, we seek to examine the discourse of the two governments of Ahmadinejad and Rouhani and the impact of these discourses on good governance on the executive branch in Iran. Manuscript profile -
Open Access Article
621 - A comparative study of the nature of sports contracts in Iranian and English law
Abdullah Dolah Mehdi Firoozabadian Gholamreza YazdaniThe present research is an attempt to explain the point of view of the legal system of Iran and England regarding a complete and comprehensive review of the nature of sports contracts, which we have addressed in a descriptive and analytical method, and we are trying to MoreThe present research is an attempt to explain the point of view of the legal system of Iran and England regarding a complete and comprehensive review of the nature of sports contracts, which we have addressed in a descriptive and analytical method, and we are trying to answer the question that the nature of sports contracts in Iran and England What is? Pay attention to the fact that by examining the elements of the sports contract and comparing it with other similar contracts, the legal nature of the sports contract can be determined. It seems that in a general summary, the legal nature of sports contracts in Iranian law is one of private contracts, and it is a lease contract for individuals, and by determining this nature, the challenges that existed in similar contracts will not arise in this case; because the private contract has a broad meaning and includes all the matters discussed in the sports contract; Also, although it has limitations, it does not have a negative effect on the sports contract; Rather, it causes its consistency; But in English law, the legal nature of sports contracts is subject to the rules and regulations of the labor law. Manuscript profile -
Open Access Article
622 - Adaptability of Iran's labor law to emerging businesses from the perspective of fair labor market relations
Behzad Moradi Mehdi Shabannia Mansour کورش استوار سنگری کیوان صداقتیThe current research is devoted to the examination of the compliance of Iran's labor law with emerging businesses, emphasizing the aspects of fair labor relations. This research examines the legal components related to emerging businesses and evaluates their strengths a MoreThe current research is devoted to the examination of the compliance of Iran's labor law with emerging businesses, emphasizing the aspects of fair labor relations. This research examines the legal components related to emerging businesses and evaluates their strengths and weaknesses in relation to the principles of justice in labor relations. This research is faced with this important question, how Iran's labor laws adapt to the changing landscape of work, accept the changes and developments related to businesses based on emerging technologies, and identify the fundamental aspects that warrant revision and adaptability. prepares The necessity and importance of this research is that it will determine the compatibility or non-compatibility of the labor law with emerging businesses. Secondly, it will give the policy makers, activists and experts of the labor market and other stakeholders the necessary insight into the possibility of adapting the labor law to fair working conditions. In fact, it will be a stimulus for thinking about solutions before these jobs become widespread. Thirdly, this research will help to realize justice in labor relations and mutual satisfaction of worker and employer in the labor market, because shaky labor relations will harm both sides of the worker and the employer, and will have consequences for each side. Therefore, this research helps to strengthen the mutual relations between the rights of the worker and the employer, and it can also be one of its effects to create problems in the minds of researches Manuscript profile -
Open Access Article
623 - Analyzing the dimensions and components of evaluating the supervisory performance of the Supreme Court on the good implementation of laws with an Islamic and Quranic perspective in the courts.
Nader Najd Hassan Pashazadeh Alireza NojavanThe Supreme Court of Iran is the highest judicial authority in Iran, which was formed in order to monitor the correct implementation of laws in the courts and to establish the unity of the judicial procedure assigned to it according to the law, based on the criteria det MoreThe Supreme Court of Iran is the highest judicial authority in Iran, which was formed in order to monitor the correct implementation of laws in the courts and to establish the unity of the judicial procedure assigned to it according to the law, based on the criteria determined by the head of the judiciary. According to Article 3 of the Law on Determining the Appeals of Court Judgments and the Procedure for Handling them, approved in October 1367, the Supreme Court is the authority for reviewing, violating or upholding the judgments of the First Criminal Court, the First Legal Court, and the Special Civil Court and the Revolutionary Court. Proceedings in the branches of the Supreme Court of Iran are formal, and after examining the case and the court verdict and comparing the cases with the law, if the Supreme Court judges the verdict to be correct and in accordance with the law and Shariah standards, it approves it and the judicial proceedings are terminated. Finds. The findings of this article in the review of the court's supervisory performance show that according to Article 392 of the Civil Procedure Law, this court, while examining the judicial case, if it observes a violation by the judges of the case, it must apply the law and this issue requires judicial and disciplinary supervision. Because separate disciplinary and judicial supervision does not make sense because it leads to the delay of proceedings and abuse of persons. On the other hand, the court does not have the unity of supervision due to the multiplicity of supervisory authorities; Therefore, the Supreme Court should exercise its supervision comprehensively and centrally. Manuscript profile -
Open Access Article
624 - Analyzing the verdict of illegal immigration from the perspective of Imami jurisprudence
Mohammas Reza Kikha zeinab sanchooliThe issue of immigration has been discussed in Islamic jurisprudence for a long time, and in the present era, due to the fact that this issue has become international and comes into contact with relations between governments, its importance has doubled; Because today in MoreThe issue of immigration has been discussed in Islamic jurisprudence for a long time, and in the present era, due to the fact that this issue has become international and comes into contact with relations between governments, its importance has doubled; Because today in some parts of the world, we are witnessing genocides, ethnic cleansing and forced migrations, which add to the sensitivity and importance of the migration issue. With this statement, one of the problems that has plagued many countries today is the issue of illegal immigration and its control; So that these countries, in order to create social stability in their society and prevent crime, apply strict laws to control the entry of foreign immigrants into their country. Because the issue of immigration, especially illegal immigration, affects the security of societies and the process of globalization of the economy, and causes restrictions on the labor market as well as widespread unemployment in these countries. Therefore, in this research, which was carried out using a descriptive and analytical method, it is concluded that illegal immigration, due to the harm it causes to the individual and the society; including the fact that there is a fear of losing life, property, and honor, and the security of countries is endangered, and on the other hand, it causes an increase in crime in societies, based on the rule of harm, the rule of negation of mustaches, and the obligation to obey Laws and... are forbidden according to Islamic law. Manuscript profile -
Open Access Article
625 - The position of the principle of fairness in Iranian subject law and English law
Hamid Bazrpach Moien Sabahi GaraghaniWhen the legal rules have defects, the institution of justice is a means to adapt and adjust the legal rules. Fairness originates from the human conscience, which has a desire to implement justice, and it gives the lawyer a special ability to look at the law from a diff MoreWhen the legal rules have defects, the institution of justice is a means to adapt and adjust the legal rules. Fairness originates from the human conscience, which has a desire to implement justice, and it gives the lawyer a special ability to look at the law from a different perspective. Fairness is a special form of justice that corrects a rule that is incomplete or insufficient according to its general nature. Fairness emphasizes the spirit of the law and it is with fairness that the sentence of the law agrees and harmonizes with the purpose of the legislator. The purpose of this research is the comparative analysis of the concept and nature of fairness as a source of legal rules and the role of this institution in the interpretation of contracts in the legal systems of Iran and England. This research aims to answer these questions: can fairness be a source of contractual obligations or not? Can fairness play a role in interpreting contracts? And also, does fairness have an individualistic or social nature? Fairness should be recognized together with other sources of law and alongside them, and by resorting to this institution, it is possible to deviate from the appearance of the terms of the law and interpret it in a way that leads to a fair result, and also fairness has a social nature. and is consistent with the collectivists' understanding of the contract. Manuscript profile -
Open Access Article
626 - The concept and proof of the crime of rape in Iranian jurisprudence and law
Karim Khezernia عباسعلی اکبریcriminal laws. It is not known, but under the influence of Islamic jurisprudence, it has been criminalized as fornication by violence and unwillingness. In this article, an attempt has been made to explain the concept of the crime of rape from the perspective of Islamic Morecriminal laws. It is not known, but under the influence of Islamic jurisprudence, it has been criminalized as fornication by violence and unwillingness. In this article, an attempt has been made to explain the concept of the crime of rape from the perspective of Islamic jurisprudence and the doctrine of criminal law by using library sources, and to examine the legal response and how to prove it in the criminal process. Finally, we have come to the conclusion that in the Islamic Penal Code approved in 2013, the most severe criminal reaction is death for the perpetrator of rape. In the Iranian Criminal Code, it is possible to limit the issue of rape only by a male offender against a female victim. Iran's legislature is facing many shortcomings in the issue of rape, so that many examples of the crime of rape in criminal law are silent or at least not commented on. Of course, compared to the law of 1370, it has strengthened the role of the judge's knowledge in proving the crime of adultery as one of the proofs. Manuscript profile -
Open Access Article
627 - The right to terminate the contract in jurisprudence and law
Peymane Eslami naser masuodiThe purpose of this research is to examine the right to terminate the contract in Iranian and English jurisprudence and the principles of international commercial contracts (UNIDRO).One of the legal institutions that has been neglected in Iran's laws and has not been co MoreThe purpose of this research is to examine the right to terminate the contract in Iranian and English jurisprudence and the principles of international commercial contracts (UNIDRO).One of the legal institutions that has been neglected in Iran's laws and has not been considered in Iran's civil law, but has had precedents in jurisprudence, is the institution of the right to terminate a contract. This institution is different from the right of rescission or the condition of rescission and rescission of the contract and has its own characteristics and conditions that are considered in English law. The right to terminate the contract is different from the right to cancel the contract, because cancellation has a retroactive effect, but terminating the contract terminates the contract and is used to destroy a valid contract. Contrary to Iran's laws, which require the obligation to perform the obligation and the right to terminate the contract at the same time, in international documents, the obligation to perform the obligation and the right to terminate the contract are concurrent. In other words, in order for the obligee to enjoy the right to terminate the contract, it is not necessary for him to request the compulsion to fulfill the obligation and in the assumption of the excuse of the compulsion, he can terminate the contract, but only with the obligee's failure to fulfill the obligation, which is equivalent to the basic non-fulfillment of the obligation. If it is an obligation, it will have the right to terminate the contract. Manuscript profile -
Open Access Article
628 - Laws on Taxation of Subsidies Targeting in Iran
Ehsan Seyifi Houseyin Bozourg nejhadLaws on Taxation of Subsidies Targeting in IranLaws on Taxation of Subsidies Targeting in Iran Manuscript profile -
Open Access Article
629 - Mowlana and Mowlawiyya Literature
Mohammad Amin RiahiMowlana Jalaluddin Mohammad Balkhi, is the great Iranian thinker, and the most eminent figure in the Persian culture and literature who lived in Ilkhanian period in Roman land. The purpose of this article is to criticize the relationship of Sultan Kayqobad the first wi MoreMowlana Jalaluddin Mohammad Balkhi, is the great Iranian thinker, and the most eminent figure in the Persian culture and literature who lived in Ilkhanian period in Roman land. The purpose of this article is to criticize the relationship of Sultan Kayqobad the first with Mowlana, and his father, and to provide criticism of the myths fabricated by Aflaki, the disciple of Mowlana, around his master to further elevate his stature. Attempt is also made to illustrate the great influence of Mowlana’s thought and works on the diffusion of Persian language, poetry, and culture in Asia Minor and other ottomans’ conquests, and to introduce Mowlawiyya literature, such as Maref of Baha-e Valad, and his other works, Maref Borhan-al-Din Mohaqqeq, Maqalat Shams Tabrizi, etc, which played a significant role in promotion of Persian language outside Iran particularly in Asia Minor and the subcontinent. Manuscript profile -
Open Access Article
630 - The study of the impact of frequency on the length of word
Shahla Sharifi Elham ziaee Ghochan AtighFrequency in linguistics like in other scientific fields has numerous applications and on this basis variety of definitions have been put forward. In this article what is meant by frequency is the number of times that a linguistic element appears in a text hence i MoreFrequency in linguistics like in other scientific fields has numerous applications and on this basis variety of definitions have been put forward. In this article what is meant by frequency is the number of times that a linguistic element appears in a text hence it involves statistical works. The purpose of this article is to study the Zyf’s law which is concerned with the relationship between the frequency and the length of the word and to apply this law to Farsi texts. For this purpose two texts, modern and old consisting of 1500 words have been selected and the impact of frequency on the length of dictionary and naghshi words have been analyzed. The outcome of this analysis supports the Zyf’l aw in the Persian language. Manuscript profile -
Open Access Article
631 - The inner unity of religions in Mowlana’s thoughts
Akbar GhorbaniIslamic Gnostic tradition whose principles and teachings are well portrayed in the works of Moslem mystics is central to our cultural heritage and religious identity. Revision of such works in order to discover its potentialities at a time when globalization and d MoreIslamic Gnostic tradition whose principles and teachings are well portrayed in the works of Moslem mystics is central to our cultural heritage and religious identity. Revision of such works in order to discover its potentialities at a time when globalization and dialogue among civilization are of prime importance, is a commitment laid on the shoulder of great scholars. In this article Mowlana’s thoughts are revised to find the footprints of a new theory in the field of comparative religious studies, that is inner unity of religions which is based on the separation of religious law, and the mystic path encountered often in his works. Insisting upon the main principle of ‘unity of existence’ he regards the inner contents of religions far superior to their outward surface. The unifying thought of Mowlana in this regard is expressed sometimes based on the multiplicity of forms and unity of essence, and sometimes is based upon the unity of truth and difference in views. Manuscript profile -
Open Access Article
632 - Execution of Civil Verdicts of Spiritual Damages in Iran and England Law
Alireza Haraj Abasat PourmohammadAny damage caused to individuals, should be compensated by the person causing the damage. In addition to material and loss of life damages, there have also been spiritual damages and the legal system of Iran faces many challenges in execution of verdicts of compensation MoreAny damage caused to individuals, should be compensated by the person causing the damage. In addition to material and loss of life damages, there have also been spiritual damages and the legal system of Iran faces many challenges in execution of verdicts of compensation. This research was conducted in an analytical descriptive method and its purpose is to survey and compare the issue of spiritual damages in the two legal systems of Iran and England. The conclusion of research concluded that in England, spiritual damages are linked with material damages and are included for the first-degree relatives of victim. Forensic psychologists determine the severity of spiritual damages and then the judge determines the amount of damage and orders its payment. At the same time, the cost of treatment is objectively compensated, although this type of compensation can only be implemented for a genuine person. In Iran, there is no precise mechanism for determining spiritual damages and usually, the amount of damage is determined while referring to the judicial procedure and Arash, that is determined according to the report of experts, which usually does not explain the justice-oriented principles, therefore, judges mainly try to reach a compromise between the parties. Attention to this fact, revealed the necessity and requirement of complete and accurate determination of rules of this field. The compensation verdict of spiritual damage is sentenced according to criterions of execution judge in determination of accurate amount of damage, which has limited authorities that are not obvious in England Law. Manuscript profile -
Open Access Article
633 - The Right to Peace in Iran and Lebanon Law with a Focus on Western and Islamic Human Rights Precedent
حیدر مطلب فائد احمد رضا سلیمان زاده حسین رستم زادThe need to live in peace and tranquility is the anxiety of every human being, for which the duty of its provision is the responsibility of the government. This research by analytical descriptive method, has surveyed and compared the right to peace in Iran and Lebanon L MoreThe need to live in peace and tranquility is the anxiety of every human being, for which the duty of its provision is the responsibility of the government. This research by analytical descriptive method, has surveyed and compared the right to peace in Iran and Lebanon Law. The Islamic Republic of Iran has adopted the precedent of Islamic human rights, which is depended on the doctrine of velayat al-faqih. But at the same time, the internal security of the country is facing problems that are considered as practical weaknesses. Strengthening of military and security forces, adoption of correct cultural policies in order to unite the country's ethnic groups and religions, centralization of power in governance, non-reliance on outsiders and political participation within the framework of religious authority have finally provided the four pillars of the right to peace for Iranian citizens. The Democratic Republic of Lebanon used western human rights only with the aim of ending internal wars and no explicit legislation was made regarding the right to peace. In the doctrine of Western human rights, compromise is recommended, which the Lebanese parties try to take as a model for forced compromise. The influence of foreigners through parties, lack of strengthening of security and military forces, caused many insecurities in this country, which has completely destroyed the security of the citizens and is still ongoing. Manuscript profile -
Open Access Article
634 - Explaining the establishment of suspension contracts from the perspective of Iranian jurisprudence and public law
mohammadhosein Sayahi gholamali seifi zeinab Rahim SayahUnderstanding suspended contracts and determining their place in Iranian jurisprudence and explaining their nature in various forms are challenging issues in the Iranian legal system. However, the existence of different thoughts and ideas regarding the validity or inval MoreUnderstanding suspended contracts and determining their place in Iranian jurisprudence and explaining their nature in various forms are challenging issues in the Iranian legal system. However, the existence of different thoughts and ideas regarding the validity or invalidity of suspended contracts has created doubts about their effectiveness. Some Islamic jurists consider suspension in contracts to be invalid, arguing on the basis of rational and textual arguments, the lack of establishment of enforceability, and the incompatibility with the certainty of contracts. This is because the purpose of the contracting parties in establishing contracts is to create obligations and realize the effects of the contract. It seems that with the acceptance of suspension in inception and its attachment to enforceable contracts, the justification of suspended contracts in Iranian law is possible within the framework of suspensive conditions. In this regard, those who believe in the validity of suspension, using a descriptive-analytical method and referring to examples of suspended contracts in jurisprudence and law, argue on the basis of the necessity and rationality of developing and benefiting from suspended contracts and avoiding incorrect jurisprudential insights (non-acceptance of suspended contracts) believe that it is necessary to consider the conclusion of contracts in a suspended manner in Iranian law. The conclusion is that, by analyzing and utilitarianism of suspension in contracts, and also by criticizing the identification of the logic of jurisprudence and law in legalism with a new approach to civil sociology (drafting laws that are in the best interests of society) and turning away from the misconception of the inadmissibility of using analogy in jurisprudential interpretation to explain suspension in contracts on the basis of rationality, and avoiding formalism and the independence of the system of thought of jurists is necessary. Manuscript profile -
Open Access Article
635 - The principle of Proportionality in Light of the Use of Artificial Intelligence in Armed Conflicts
sepideh alayee fard masoud rae Alireza Ansari MahyariArtificial intelligence, akin to any scientific discipline, yields numerous positive and negative impacts. The identification and management of these effects are essential in determining the most appropriate response to a given target in the shortest possible time durin MoreArtificial intelligence, akin to any scientific discipline, yields numerous positive and negative impacts. The identification and management of these effects are essential in determining the most appropriate response to a given target in the shortest possible time during conflict. The evolution of technology and its influence on warfare armaments has engendered a new paradigm in armed conflicts. Artificial intelligence is poised to fundamentally transform the dynamics of warfare, as it possesses the capability to amass and scrutinize extensive data from diverse conflict scenarios, enabling it to make more suitable decisions. Consequently, this has contributed to a reduction in loss of life and financial resources in conflicts compared to conventional warfare. Given the alterations introduced by this advancement in the realm of conflict law, several tenets of humanitarian law necessitate revision. Foremost among these tenets is the principle of proportionality. In this article, the redefinition of this principle is addressed, with an initial elucidation of the nature and attributes of artificial intelligence, followed by an exploration of the interplay between humanitarian rights and the principle of proportionality. The role of technology in armed conflicts is then expounded upon, and subsequently, an examination of the application of the principle of proportionality in conjunction with artificial intelligence is conducted, encompassing its effects on the ability to detect, assess, and respond to targets and threats. With the decrease in casualties attributable to the utilization of technology, the principle of proportionality in armed conflicts should be reviewed through a human-centric approach, ensuring the responsible and ethical implementation of this technology. Manuscript profile -
Open Access Article
636 - Effectiveness Requirements for Foreign Criminal Laws and Sentences in The National Territory: Developments, Obstacles and Solutions in the Field of Cybercrimes
Ashkan Famil Modaberan Azar Givkey Nader AlizadehsereshtThe all-round application of the principle of the sovereignty of countries in their territory through the tool of criminal jurisdiction has undergone a change despite the justifications for it, so that the effectiveness of foreign laws and rulings has been modified in r MoreThe all-round application of the principle of the sovereignty of countries in their territory through the tool of criminal jurisdiction has undergone a change despite the justifications for it, so that the effectiveness of foreign laws and rulings has been modified in recent years in the light of human rights concepts and fair trial standards, and many countries have deviated from their sovereignty and considered the interests of the accused to be preferable having anticipated examples of the application of foreign law. One of the most important features of cyber space is that it is not limited to the geographical borders of countries, which is called "extra-spatial" feature. This feature causes the determination of the competent court to deal with the crimes committed in this space to be faced with fundamental problems. In the real space, factors such as the location of the crime, the location of the crime, the place of residence and the arrest of the accused are the criteria for applying territorial jurisdiction, but considering the characteristics of the cyberspace, the most important of which is not being assigned to a specific place, "being extra-local", the application of jurisdiction A territory in this space causes a positive conflict between the courts of different countries. Therefore, determining the territory of this principle creates the greatest challenge in dealing with cybercrimes and in the procedures of different countries of the world, it is possible to refer to the location of the computer, the location of the uploader or implementer, the location of the action, the location of the effect, or other matters. The title of the factors relating the jurisdiction of the court to the criminal act located in the cyberspace was mentioned. This research, which was carried out using the descriptive-analytical method and using library and cyberspace resources, tries to investigate the influence of the criminal laws of our country on this process. After the victory of the Islamic Revolution and under the influence of Sharia standards, and also due to the increasing progress in cyber fields and the increase in crimes in this area, the said process encountered obstacles that require reflection and research to overcome, obstacles such as the conditions of the appointed judge. , the rule of negation of the mustache and some unreasonable precautions of the legislator in this context can be seen, which has become an obstacle to the development of the criminal law of our country for the expansion of the place Manuscript profile -
Open Access Article
637 - A Comparative Study of the Principles and Types of Installment Sale in Iran and Islam the Vienna Convention 1980
jalal soltanahmadi Joseph EBRAHIMIone of the most common methods of buying and selling, particularly among traders is concluding contracts in installments. Furthermore, the Iranian Civil Code, despite the inclusion of this type of sale, does not provide a definition, but the 1980 Vienna Convention Moreone of the most common methods of buying and selling, particularly among traders is concluding contracts in installments. Furthermore, the Iranian Civil Code, despite the inclusion of this type of sale, does not provide a definition, but the 1980 Vienna Convention also defines it. It did not offer an installment contract, but according to Article 73, a contract in which "delivery of goods is step-by-step and frequent" is deemed an installment, and this view is reflected somewhat in the arbitrators’ options. The current article, while examining the concept of installment sale, has probed the principles and types of installment sale and the objections to it at the same time, likewise. The results of the investigation show; Installment sales in Iranian law have different terms and conditions than the Vienna Convention, and in some cases, the actions of the Vienna Convention regarding installment sales are against the regulations and rules accepted in Iran's legal system. However, this difference does not indicate the superiority of the provisions related to installment sale in Iranian law; in the general concept of the rules related to installment sale in Iranian law, it has ambiguities and the only way to benefit from the quality of installment sale is to remove its responsibility from the banking sector; Because the banking instructions regarding installment contracts are completely inconsistent with usury-free banking operations, and in this field, except for a few installment contracts, they are completely identical to usury operations. Manuscript profile -
Open Access Article
638 - 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 -
Open Access Article
639 - Examining organ transplantation from the perspective of parties and French law
reza kolahkaj فرج اله براتی seyedhesamh hosseiniThe majority of Shia and Sunni jurists consider organ transplant as absolutely permissible if it depends on the preservation of human life (whether Muslim or infidel), and if the preservation of human life does not depend on it, it is subject to other conditions that ar MoreThe majority of Shia and Sunni jurists consider organ transplant as absolutely permissible if it depends on the preservation of human life (whether Muslim or infidel), and if the preservation of human life does not depend on it, it is subject to other conditions that are among the jurists. Imamia and Ahl al-Sunni are controversial. However, in American and European countries, including France, organ transplantation is permitted after five tests have been performed to diagnose brain death. In French law, brain death is considered death, and if brain death is confirmed, the use of organs is permitted. Brain-dead bodies are used for organ transplantation. The main question of this research is how organ transplantation is expressed from the point of view of subject law and foreign jurisprudence and French law? The hypothesis that is proposed for the main question of the research is: : It seems that in these different systems, the nature of all Shari'a and legal rulings is the same, and there is a difference between the binding of Muslim and non-Muslim members in unnecessary cases between the parties and French law, and in other cases, there is a special distinction in the field. There is no implementation of the link. The current research is a descriptive analytical method. The collection of information is based on the method of library collection. Quranic verses, authentic Islamic sources, jurisprudential books and hadiths were used to explain the separation of the soul from the body and the issue of death. Manuscript profile -
Open Access Article
640 - An analysis of the status of precedence over necessity in the execution of contracts in Iranian law and Islamic jurisprudence
abdolkarim golgoun هرمز اسدی کوه باد Mohammad rasoul AhangaranThe principle of necessity in contracts means that people adhere to their obligations and agreements and consider them to be respectable and enforceable. The legislator has also introduced these common principles and rules under the title of "General Rules of Contracts" MoreThe principle of necessity in contracts means that people adhere to their obligations and agreements and consider them to be respectable and enforceable. The legislator has also introduced these common principles and rules under the title of "General Rules of Contracts" and reviewed them. The first principle that the legislator has addressed in these materials is the principle of necessity, which is interpreted as "asala allozoom" in jurisprudence. Despite the statement of the legislator and also the contract parties regarding adherence to the contract, sometimes this adherence to the provisions of the contract causes some or all of the contract parties to suffer severe problems or bear unusual losses, in such a way that the implementation The contract is impossible for the person or incurs irreparable damage. It is in this case that there is a conflict between the principle of necessity and the circumstances of the accident, which is the rule of lahraj. In this research, which is analytical and descriptive, in this particular situation, which principle and rule has the right of priority is examined, and presenting the rule based on multiple principles is introduced as the achievement of the research. On the one hand, in the reconciliation of the jurisprudence between Imamiyyah and Sunni jurisprudence, the difference between some Sunnis and Imamiyyah includes the absence of the rule of the principle of necessity on the Ma'atati contract, and on the other hand, the opposite of this opinion, the lack of rule of necessity on the principle of necessity up to the point of not having the effect of the right resulting from termination in Majlis and... are essential for the government. Manuscript profile -
Open Access Article
641 - Study of Privacy in Civil Rights and Imami Jurisprudence
Taraneh Mehdi alinia Gabriel Hope abbas samavatiProtecting privacy as one of the fundamental human rights is one of the necessities of society. This importance is to the extent that it has been discussed in Islamic texts and citizenship rights, this article seeks to study privacy in Islamic jurisprudence and citizens MoreProtecting privacy as one of the fundamental human rights is one of the necessities of society. This importance is to the extent that it has been discussed in Islamic texts and citizenship rights, this article seeks to study privacy in Islamic jurisprudence and citizenship rights in an analytical-descriptive way. With the investigations conducted, it is found that the sharing of privacy in Islamic jurisprudence with citizenship rights is more than its differentiation. The findings in this paper show that the concept of privacy in Islamic jurisprudence and citizenship rights are equal and their differences in the fundamentals and theories accepted by these two are important. The results of the implementation of Islamic jurisprudence and citizenship rights show that the basis of citizenship rights in the manner of compensation is based on the rule of law, but in citizenship rights the theory of fault is considered, on the other hand, there are significant differences in the protection of privacy violations and the prevention of privacy violations, but in principle, the acceptance of the privacy of the two is not inconsistent. Manuscript profile
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