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Open Access Article
1 - The possibility of inferring the justice system as fairness from within the discourses of the Islamic Republic
Afshin Habibzadehkolli Reza Akbari noori khodayar mortazavi aslThe concept of justice and the system based on it has always been one of the important topics of political thought and philosophy. John Rawls, one of the greatest contemporary political philosophers of the West, in his book Justice as Fairness, tries to explain in a pol MoreThe concept of justice and the system based on it has always been one of the important topics of political thought and philosophy. John Rawls, one of the greatest contemporary political philosophers of the West, in his book Justice as Fairness, tries to explain in a political understanding of justice, the necessities of realizing the greatest possible freedom and equality for the citizens of a democratic society. The theoretical framework of the article is the theory of justice as fairness and the research method is discourse analysis. The main question is to what extent is it possible to infer the justice system as fairness according to Rawls from the discourses of the Islamic Republic? In this connection, one of the main topics is the discussion about the ratio of public interests and individual and group interests, because according to Rawls, the justice system is the institutionalized area of public interests, which is due to the institutions of the basic structure of society, which is also associated with the existence of the country or The existence of the nation-state is ongoing. In this regard, the opinions of Morteza Motahari and Abdullah Javadi Amoli, two well-known clerics, have been examined as the main conceptualizers of the analysis of the discourse of justice, from which the possibility of extracting a theory of justice close to justice as fairness can be calculated. The result is that Motahari's point of view is more capable of interpreting the justice system as fairness in the discourse of political Islam than Javadi Amoli's point of view. Manuscript profile -
Open Access Article
2 - Livability With a Right to the City Approach: Concepts, Dimensions and Indicators
sadigheh dolatshahNowadays, in most developed countries, sustainability has been developed as a guiding principle in the framework of sustainability discourse in urban planning and policies. Urban livability and the right to the city are concepts related to sustainable development and so MoreNowadays, in most developed countries, sustainability has been developed as a guiding principle in the framework of sustainability discourse in urban planning and policies. Urban livability and the right to the city are concepts related to sustainable development and social justice in cities and are effective in creating healthy, dynamic and just cities. While introducing livability and the right to the city as a dominant approach in urban planning in the contemporary world, this article has examined its theoretical origins, influential views and theoretical-experimental literature, its dimensions, and indicators. In terms of the fundamental-theoretical goal and its data, this research has been provided by the library- document method. Considering the wide range of topics and explanatory approaches available in this field, in this research, only those researches that have more relevance to the current research topic have been examined. Then, the theories of henri lefebvre and the theory of kevin lange, marcuse, tovey fenster, harvey, etc., as well as supporting concepts close to livability such as sustainable development, healthy city, neo-urbanism, smart growth and compact city have been examined.The findings of the article show that according to today's conditions, in most cities of the world there is a general agreement about the importance and necessity of recognizing, analyzing and explaining urban livability and the right to the city in various dimensions, but there is no consensus of opinion about the definition, standards and indicators. The most important reason for this can be seen in the direct dependence of this concept on the spatial and temporal conditions, and most importantly, the socio-economic and management background of the target community. Manuscript profile -
Open Access Article
3 - The crisis of the spread of Contagious diseases and the role of national aviation in its containment
Mehdi AliyariThe international community was for more than three years embroiled in a health-biological catastrophe caused by Cuvid-19 disease, which has probably spread due to the inherent speed of air transport and has seriously endangered the health of the world's people and unpr MoreThe international community was for more than three years embroiled in a health-biological catastrophe caused by Cuvid-19 disease, which has probably spread due to the inherent speed of air transport and has seriously endangered the health of the world's people and unprecedently reduce or stopped all activities, including air transport activates around the world and sent many people into the jaws of death. Undoubtedly, civil aviation has long been recognized as the fastest means of transportation and commercial transfer within and beyond national borders and it has often been used as a means of appeasing people, especially in providing relief to communities in distress, whether natural disasters, famines, diseases, or wars. In other words, air transport has played two opposite roles in this type of crisis in the last two decades in two different directions: First - to accelerate the transmission of epidemic and pandemic diseases; Second, to play a positive role in managing and controlling disease due to having a previous plan for the readiness and sustainability of global aviation in a critical situation. This paper seeks to explain the above duplicate with analytical and descriptive view with library and field method in the context of international aviation law. it seems civil aviation effects on control and outbreak of Contagious diseases Manuscript profile -
Open Access Article
4 - A Study of the Capital Raising Effect on the Forms Profitability Ratios
ابراهیم AbbasiCapital raising by common stock issue and its sale to the firm’s stockholders is one of the financing method in Tehran stock Exchange. In the prospectus subscription, one of the reasons of the capital raising is announced as the investment expenditures financing a MoreCapital raising by common stock issue and its sale to the firm’s stockholders is one of the financing method in Tehran stock Exchange. In the prospectus subscription, one of the reasons of the capital raising is announced as the investment expenditures financing and the firm’s growth. Financial theories have stated information content of the capital raising in the form of the information release hypothesis, information asymmetry, free cash flow hypothesis and the signaling hypothesis. In this research the financing ratios (DPS, EDS, ROA , ROE)of Tehran stock Exchange firms is compared and studied in both experimental and control groups before and after the dicision for the new stock publishing. Manuscript profile -
Open Access Article
5 - Presentation of a policy model for the protection of depositors' rights in banking crises in Iran
mohammad javad pourasadi kaveh timor nezhad mohammad reza rabiey mand[inBackground: Paying attention to depositors' rights and policy-making is currently ambiguous and due to the economic complexity of identifying a model in order to safeguard the rights of customers and depositors. Purpose: The present study aims to develop a policy model MoreBackground: Paying attention to depositors' rights and policy-making is currently ambiguous and due to the economic complexity of identifying a model in order to safeguard the rights of customers and depositors. Purpose: The present study aims to develop a policy model to safeguard the rights of depositors in banking crises in Iran. Methods: Factor analysis, path analysis and interpretive structural modeling were used to achieve this goal. Findings: The findings of the study, after analyzing the content of 23 concepts, 5 categories and 97 indicators in the field of policy making and then inputting them into quantitative analysis using factor analysis which is necessary; Depositors as the primary strategy to modify or improve the laws related to depositors should be considered by policymakers and policy makers as the driving force behind the implementation conditions. Finally, the concepts and categories identified should be taken into account in order to safeguard the rights of depositors. Manuscript profile -
Open Access Article
6 - Role of intellectual property rights in social networks
khadijeh tatari jahangir bakhshiNowadays, using social networks and the public on this highway, it is possible to use a great deal of information in the shortest possible time and to provide written and visual speaking with a relatively low cost. The emergence of this phenomenon, although self-evident MoreNowadays, using social networks and the public on this highway, it is possible to use a great deal of information in the shortest possible time and to provide written and visual speaking with a relatively low cost. The emergence of this phenomenon, although self-evident, has caused several changes, but after its emergence, the very origins of many developments, in particular in the field of communications science, have been spelled out to be specific. In this research, the intellectual property rights of social network users have been investigated. Intellectual property rights, in the broadest sense of the word, are the rights derived from creations and intellectual creations in scientific, industrial, literary and artistic fields. Given the advancement of modern communication technologies, the issue of intellectual property rights of social network users has always been questioned whether in a wider virtual space it is possible to maintain the rights of social networking users who are still promising in this regard Which does not examine the intellectual property rights of social network users. In this research, the intellectual property rights of social network users (Facebook, Twitter, GPL, LinkedIn and Aparat) were investigated. Using survey and questionnaire tool, 225 social network users using Simple random sampling method was chosen Manuscript profile -
Open Access Article
7 - The role of mass media in improving awareness of civil liability sports
MohammadHossein Mirsoleymani Edris Ghaderpour Masoud Naderian Saeed YariThe main purpose of the present Article is to investigate the role of mass media in improving the awareness of civil liability in sport.The Article in terms of purpose is applied and according to the method of data collection is descriptive-analytic and correlation type MoreThe main purpose of the present Article is to investigate the role of mass media in improving the awareness of civil liability in sport.The Article in terms of purpose is applied and according to the method of data collection is descriptive-analytic and correlation type.The statistical population includes Headquarters of the Ministry of Sports and Youth, officials of the NationalOlympicCommittee and heads of sports federations(90),as well as a number of professors in the field of sports law(15), and Sampling method was also the whole number.And87people participated in this study.The Data collection tool was a researcher-made questionnaire that was designed with emphasis on the opinions of managers and legal and media experts.The validity of the questionnaire was confirmed by7Specialists and the reliability of the questionnaire was0.81using Cronbach's alpha coefficient and confirmed.The data analysis method was also performed using the structural equation model in PLS software, and Friedman test was used to rank the most important media.The results show that the impact of mass media such as audio,visual, print and Internet on the promotion of awareness of the Civil Liability of athletes, coaches, managers, judges and audiences has a positive and significant effect, and these four media can make up75% of the changes in awareness to provide Civil Liability sports. In addition, the results of the ranking also showed that Internet media (websites and social networks) then the media (TV), print media (newspapers, books, etc.) And audio media (radio) were the most important in promoting awareness of Civil Liability. Manuscript profile -
Open Access Article
8 - study position of social rights and responsibilities of journalists in today newspapers of Iran (The views of journalist, Professor of communication, lawyers and Editors)
Mahdieh Shokri mahdokht borujerdiThis study investigates to place of rights and responsibilities social of journalists in Iran today's press. According to 190-year history of Iranian journalists, this research studies current status of journalism and conditions of journalist's activity in country from MoreThis study investigates to place of rights and responsibilities social of journalists in Iran today's press. According to 190-year history of Iranian journalists, this research studies current status of journalism and conditions of journalist's activity in country from perspective of professionals. Conceptual framework is based on professional journalism a combination of theory of social responsibility, one of normative theories of media and Walter Lippmann's concept of objectivity. Based on research, professional journalism is product of this story (Theory of Responsibility and concept of objectivity) Research method is deep interview with specialists and 20 journalists, communications professors, lawyers and newspaper directors. Result show, governing model of press Inconsistent with professional journalism and current situation represents a lot of ambiguity regarding rights and journalist responsibilities. Currently, there are no grounds for career in journalism in country, Occupational safety and professional independence were not provided journalists and in such a situation, journalists had least impact on their job status. This effect will remain at least as long as platform for professional activity. In this situation, Obtaining an accurate picture of the rights and professional characteristics of journalists is the starting point for the social responsibilities of this group and, as a result, achieving professional and desirable journalism in the country. Also, pass laws and regulations of independence of the journalistic profession will be an effective infrastructure for journalism and will be the basis for the proper functioning of the media and journalists. Manuscript profile -
Open Access Article
9 - Investigating Social Media Responsibilities
Gholamhossien BiabaniSocial responsibility is a transcendent approach that is influenced by the social impact of individuals or organizations on their peripheral environment and whose main purpose is to create a positive, though small, movement to society. Because today, in addition to the MoreSocial responsibility is a transcendent approach that is influenced by the social impact of individuals or organizations on their peripheral environment and whose main purpose is to create a positive, though small, movement to society. Because today, in addition to the mainstream services, organizations also devote part of their time and resources to community-based activities.The method used in this article is of a practical nature and of descriptive-analytical type.Social responsibility is one of the issues that has been raised by communications experts and UNESCO in the field of press and media for many years. Accordingly, the media have the right to criticize and challenge them from different organizations, but they themselves are also responsible for the interests and needs of society, and they must be held accountable, as they mislead public opinion with their mistakes.Media as the most influential cultural institution can effectively and successfully implement the rule of law and fight against the rule of law. The presence of media in today's world is a sign of freedom of expression and solidity to defend the rights of citizens and citizens, and the sense of responsibility will awaken society and respond to the organizations and the state. Manuscript profile -
Open Access Article
10 - Study of Influential Factors of Job Satisfaction Journalists Sector and Social Events in Tehran
Ani mirzakhanian Mohammad jafariSelection and admission of professional journalism career that has affected all aspects of life, job satisfaction is an important factor in career success.Job satisfaction resulting from factors such as needs, interests, motivations, attitudes and personality on the one MoreSelection and admission of professional journalism career that has affected all aspects of life, job satisfaction is an important factor in career success.Job satisfaction resulting from factors such as needs, interests, motivations, attitudes and personality on the one hand and job characteristics, such as working environment, organizational climate, organizational culture and management on the other hand is. If this is an indication of another condition that causes a person to feel happy This study sought to identify influential factors of the satisfaction of the incidents and journalists are Bashd.charchvb in Tehran, Iran Theoretically, the paper on the theory of Social Factor Herzberg's theory is expected Brophy.This questionnaire is a survey on 260 cases of journalists and social events were selected by random sampling, and inferential statistics been achieved using methods The information (regression linear Pearson coefficient, ..) were analyzed.According to descriptive statistics, 25 percent of respondents from their jobs as low as 55% to 20% average rate greatly satisfied.of responsibility (67.3%), a motivational factors (49.6%), the sense of accomplishment (73.5%), the satisfaction of the rights and benefits (6/49 percent) and attitudes of respondents (69.6%) in the average level jobs in journalism but feel their job security (48.8%) in the lower assessment findings Ast.According explanatory,variables and job satisfaction, motivation factors (r=0.36), the feeling of success at work (r=0.44), the sense of responsibility (r=0.54), satisfaction with salary received (r=0.37), work experience (r=0.21), the kind of attitude to work (r=0.32), the nature of the job (r=0.19), job security (r=0.42), there is a significant relationship. n other words, the increase of motivation, reward, achievement, responsibility, experience and positive attitude, job satisfaction increases accountability Yabd.br B=0.38 variable defined by the beta coefficients (38%) of the changes and fluctuations the trend in job satisfaction explained. Manuscript profile -
Open Access Article
11 - A Review onWomens Attendancy in Urban Space
Razieh Rezazadeh Maryam MohammadiUrban spaces are domains for public and communal life. Presence and activity in public open spaces, not only provides place for face to face interaction between people, is also effective in creating vitality and contributing to mental and spiritual health of users MoreUrban spaces are domains for public and communal life. Presence and activity in public open spaces, not only provides place for face to face interaction between people, is also effective in creating vitality and contributing to mental and spiritual health of users. There are two main perspectives which are inclusionary and exclusionary perspectives to women presence in urban spaces. Modern society with the slogan of equality of men and women produced environments which was insensitive to different requirements due to gender difference. It took men's needs as the prototype of human needs and hence produced male responsive environments, of which women had to adopt themselves to it. The planning and design profession was gender blind in this sense. Zoning regulations and transportation policies all reinforced exclusion of women from active urban life and created additional obstacles for working mothers. This article studies the inclusionary perspective to presence of women in urban open spaces in relation to globalization theories as well as Islamic viewpoints. In this article, the necessity of women's presence in urban open space is discussed based on the requirements to respond to their basic needs which in turn require interaction in space. Here presence of women is an aim to itself. Also the necessity of women presence in space is discussed based on the viewpoints of civil society and citizenship rights which would emphasize their right as equal citizens to participate in and enjoy the urban life. Principle of pluralistic citizenship requires the presence of all groups including women as one criterion for civil society. In other words presence of women is not an aim to itself, but a means to achieve broader goals and basic principles In addition, there is emphasize on the significance and authenticity of family and through this perspective, presence of women is justified in the urban environment to respond not only to their personal needs but also to respond to the needs of people under their care, namely children, sick and elderly. There is a joint cause supporting women's presence in urban space and that is equity which is respected both by Islamic philosophy as well as contemporary global perspectives which justifies and aims for easing presence of women in public domain and urban space. This article also reports on a neighborhood study in Tehran. The results of the study shows that in general necessary activities are the major cause for presence of both gender groups in urban spaces, however there are gender differences. Women presence is significantly higher in urban spaces for conducting their necessary activities, such as daily shopping while men's presence for social and optional activities are much higher than women's. This shows that probably there are physical obstacles as well as social perspectives which keep women out of urban space for their social and optional activities. It is important in that sense that the most public of spaces are not suitable and do not respond to the need to perform social and optional activities of women proposing equity question. Manuscript profile -
Open Access Article
12 - Evaluation of the level of familiarity with sports law among physical education teachers in the west of Fars province
ahmad torkrar rahim shirazinejad saeedeh zabihi seyd gholamreza shojaee kambiz ayoubzadehThe current research was designed and implemented with the aim of the level of familiarity with sports law among physical education teachers in the west of Fars province. In terms of its practical purpose and in terms of the descriptive data collection method, this rese MoreThe current research was designed and implemented with the aim of the level of familiarity with sports law among physical education teachers in the west of Fars province. In terms of its practical purpose and in terms of the descriptive data collection method, this research is of the type of analytical studies, the data collection of which was carried out in the field. The statistical population of the qualitative section included all the elites who are aware of the research topic, and based on the purposeful sampling method until reaching theoretical saturation, 14 people were selected as the research sample; And in the quantitative part, the statistical population of the research includes all physical education teachers in the west of Fars province, whose number is 320 according to the obtained statistics, which was determined based on Morgan's sample size table and the random selection of 175 people as the research sample. The tool for collecting the present research is a researcher-made questionnaire. Cronbach's alpha statistical methods were used to calculate reliability coefficients and Smironov's Klomogrov for normality of data, exploratory factor analysis, correlation coefficient and one-group t-test to test hypotheses. Statistical operations were performed using spss software version 26. The results of the research showed that among the 39 components identified, four factors: standards of equipment and places (0.689), responsibilities of the manager and administration expertise (0.701), rules and regulations (0.598) and education (0.756) with the components of familiarity with sports law among teachers There is a significant relationship with physical education. As a result, it can be said that if teachers and trainers perform their duties normally, they will not have any responsibility for accidents. Manuscript profile -
Open Access Article
13 - Identifying the Challenges of Women's Presence in Iran's Stadiums
Zohreh Pourdahande Abolfazl Farahani Ali Asghar Doroudian Shiva Azad FadaThe issue of the presence of women in Iranian stadiums has long been a topic of discussion and disagreement among the people of politics, jurisprudence, and sociology. Therefore, the aim of the present study was to identify the challenges of women's presence in Iran's s MoreThe issue of the presence of women in Iranian stadiums has long been a topic of discussion and disagreement among the people of politics, jurisprudence, and sociology. Therefore, the aim of the present study was to identify the challenges of women's presence in Iran's stadiums. The qualitative research method was qualitative content analysis. The statistical population of the research was made up of experts (university faculty members, lawyers, federation members, directors of the Ministry of Sports and Youth, directors of the National Olympic Committee and athletes). The data collection tool was through interviews. After conducting 20 interviews, the codes reached theoretical saturation. After step-by-step coding, 102 primary codes were obtained in the form of 17 sub-categories and 2 main categories: 1) infrastructural obstacles to the presence of women in stadiums, 2) jurisprudential challenges of women's presence in stadiums. . Regarding the obtained results, it can be said that paying attention to the educational status of women and their role in transferring the spirit of vitality and cheerfulness to the family, the presence of women both in sports fields and as spectators in competitions is not only incompatible with Islamic values. Rather, it is the basis for the country's movement in the path of progress, in other words, the presence of women will soften the male social life of the stadiums. If the functions of women's presence are explained more in advance by maintaining Shari'a affairs in many fields including sports . Manuscript profile -
Open Access Article
14 - Determining returns to scales the left and right in a two-stage green supply chain using network data envelopment analysis
Rohollah Sharafeddin Amir Gholam Abri Mohammad FallahIn the present age, evaluating and then improving the performance of production systems and supply chains as a whole is the only possible way to compete in the global business market. Data Envelopment Analysis (DEA) is a non-parametric method for measuring the relative MoreIn the present age, evaluating and then improving the performance of production systems and supply chains as a whole is the only possible way to compete in the global business market. Data Envelopment Analysis (DEA) is a non-parametric method for measuring the relative efficiency of production systems and decision-making units with multiple homogeneous inputs and outputs as a mathematical programming method. Determining the type of return to scale (RTS) helps managers make more accurate predictions about the expansion or limitation of the decision-making unit (DMU). Due to the importance of RTS in relation to management decisions, various methods have been proposed by DEA researchers to introduce and determine its type. Research in RTS evaluation has led to a more general classification of RTS types, with the titles Left return to scale (L-RTS) and Right return to scale (R-RTS). This research studies the two-stage production process and introduces an approach to estimating the type of efficiency on the right and left scales of DMUs. In this paper, the application of the DEA network model to calculate the relative efficiency and return to scale of cement companies listed on the stock exchange has been studied. The data used in the model is related to the production process of 42 cement companies in 2020. Manuscript profile -
Open Access Article
15 - Determining Left and right Returns to Scale (RTS) and RTS sustainability by using linear programming problems based on simultaneous changes in inputs and outputs
M. Omidi M. Rostamy-Malkhalifeh A. Payan F. Hosseinzadeh LotfiDetermining the type of returns to scale (RTS) and identifying stability region for RTS of evaluating unit are appropriate abilities for forecasting the future the unit when its size is changed. This paper aims to introduce RTS sustainability of frontier decision making MoreDetermining the type of returns to scale (RTS) and identifying stability region for RTS of evaluating unit are appropriate abilities for forecasting the future the unit when its size is changed. This paper aims to introduce RTS sustainability of frontier decision making units (DMUs) in data envelopment analysis (DEA). Based on the importance of RTS in relation to decisions of managers, different methods have been proposed to define RTS and determine the type RTS. Research on RTS led to a more general categorize for the type of RTS, named left RTS (L-RTS) and right RTS (R-RTS). All of the methods in evaluating L-RTS and R-RTS have presented parametric programming problems which are non-linear programs, naturally. In tis situation, researchers are facing the challenge to determine the value of parameters. In order to survey this limitation, the present paper suggests linear programming problems. Moreover, the proposed models with minor changes are appropriate tools for determining the RTS sustainability for evaluating unit. Manuscript profile -
Open Access Article
16 - 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
17 - Crime Detection, Custody, and the Differentiation of the Suspect’s Rights in the Criminal Justice Systems of Iran, France, and the United States
Mohamad masoud molazemian Abbas Sheikholeslami mohamad Ashouri Majid Shaygan FardMaintaining security and protecting individual rights and liberty are the dual goals of criminal procedure. It is difficult to achieve these goals simultaneously in specific types of crimes such as terrorism and security crimes. Due to inadequate general criminal proced MoreMaintaining security and protecting individual rights and liberty are the dual goals of criminal procedure. It is difficult to achieve these goals simultaneously in specific types of crimes such as terrorism and security crimes. Due to inadequate general criminal procedure rules in this area, legislators have been forced to adopt a differential criminal policy in this regard. The stage of being in custody, which- due to its special characteristics- brings to mind the possibility of violating the suspect's rights more than any other stage, has also been subject to differential approaches. Having a differential approach to the suspect's rights in custody for specific crimes, the criminal justice systems of France and the United States designate special officers, extend the custody period, communicate the suspect’s accusations and its evidence as well as his/her defence rights, and restrict the free involvement of the suspect’s attorney. In criminal justice system of Iran, Unforeseen differentiation approach in law but this procedure in jurisprudence and circular is a important challenge. Meanwhile, due to the numerous reforms and the influence of the European Convention on Human Rights, the differential approach of the criminal justice system of France has achieved a more appropriate balance between the suspect's rights and the right to security. Manuscript profile -
Open Access Article
18 - 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 -
Open Access Article
19 - 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 -
Open Access Article
20 - 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 -
Open Access Article
21 - Controlling the cyber space in order to protect the right to the health of individuals
Zahra sadat Hosseini alireza ansari mahyariOne of the daily activities of the people of the world at any time and place is the use of virtual space. In today's world, virtual space, which is a space intertwined with people's lives, plays an effective role in people's lives. Although the use of virtual space has MoreOne of the daily activities of the people of the world at any time and place is the use of virtual space. In today's world, virtual space, which is a space intertwined with people's lives, plays an effective role in people's lives. Although the use of virtual space has merits and has made people's lives easier, but not using it properly has caused mental and physical damage to people's health which has increased concerns about the lack of protection of people's right to health. The right to health is considered one of the basic human rights that governments are obliged to provide and guarantee the necessary conditions to achieve this right and to minimize the grounds for its violation. The question raised in this research is, what effect can the control of virtual space have on the health of individuals? The findings of this research indicate that governments can reduce the physical and psychological harm caused to the health of individuals by taking measures such as teaching the correct way to use cyberspace and creating restrictions Manuscript profile -
Open Access Article
22 - Challenges Facing (Executive) Police Units in the New Criminal Procedure In The Light Of Human Rights and Civil Rights
akbar sabzevari mashallah karimiIn the system of the Islamic Republic of Iran, considering the popular and Islamic nature of the police as an enforcer of law and justice and the protector of citizens' rights, the preservation of dignity and human rights of members of society is of particular importanc MoreIn the system of the Islamic Republic of Iran, considering the popular and Islamic nature of the police as an enforcer of law and justice and the protector of citizens' rights, the preservation of dignity and human rights of members of society is of particular importance. This study examines the challenges faced by the executive units of the police in the new criminal procedure in the light of human rights and citizenship and the results showed that: The most important citizenship rights that may be violated by police misconduct is the right to privacy of citizens. At present, the Iranian legislature has not enacted comprehensive and restrictive provisions on the right to privacy, and in this case, more attention should be paid to the constitution. Another important problem is that the police do not have a codified law to prevent crime under the guise of human rights and citizenship. The legislator has also passed some legal articles in the new procedure, such as Articles 30 and 31, and has placed the responsibility on the police organization, while more than a few years after the enactment of these laws due to lack of infrastructure and facilities and equipment in the provinces and cities. Have not been. Therefore, those in charge and officials are not trying to train and improve the current situation, and the executive units of the police organization are also facing challenges in performing their duties. Manuscript profile -
Open Access Article
23 - 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 -
Open Access Article
24 - The Judicial Rights of Citizenship in Jurisdiction, Confession, and Testimony from the Standpoint of Islamic Jurisprudence and Law
Shiva Azizaan Ebrahim Yaghouti Aahmad reza khazaeiConsidering the sublime concept that human has a humanly nature and the fact that recognition of humans‘ legitimate and designated rights have an endless horizon that certainly require endless efferts in different societies, legal fundations, and schools of though MoreConsidering the sublime concept that human has a humanly nature and the fact that recognition of humans‘ legitimate and designated rights have an endless horizon that certainly require endless efferts in different societies, legal fundations, and schools of thoughts, therefore, citizenship rights, as a new expression in Iran borrowed from Arabic literature, are of different types including judicial citizenship rights which explain the rights of defendant, plaintiff, and witness in jurisdiction, confession, and testimony, respectively. Judges, bailiffs, and other justice executives in judicial system are required to respect these rights. Reviewing Quran verses and Infallible imams’ traditions, one sees that Islam explains comprehensively the judicial rights of citizenship making it is one of the important references regarding judicial citizenship rights in positive law, putting the serious responsibility of judgment on the shoulders of the qualified and just judges and explaining some special orders and instructions on the subject. This is a descriptive-analytic research. The findings showed that the Iranian constitution considers citizenship rights as of the nation rights and its principles as explained in the judicial law are of legal sanctions in the Islamic criminal law. In addition, other laws, such as criminal procedure code and single-clause bill of legitimate freedoms and citizenship rights, though suffering some flaws, show special considerations from the legislators for the judicial rights of citizenship. Manuscript profile -
Open Access Article
25 - Economic balance of international contracts in the light of renegotiation with emphasis on oil contracts
Adham Haghgozar Ali Rostamifar Najad Ali AlmasiThe special characteristics of oil contracts require that these contracts always have economic stability and balance. Disruption of the economic balance in these contracts will bring harmful results both economically and legally. Generally, the stakeholders of the oil s MoreThe special characteristics of oil contracts require that these contracts always have economic stability and balance. Disruption of the economic balance in these contracts will bring harmful results both economically and legally. Generally, the stakeholders of the oil sector prefer to use the renegotiation clause to prevent the disruption of the economic balance of these contracts. Sometimes, despite not foreseeing this condition, one of the parties, who is basically an investor, will request renegotiation and in the results of establishing an economic balance (although this request will not necessarily mean reaching an agreement and an effective result) and the other party will also have the right to make such a request, but in any case, the parties must use their efforts in good faith to achieve the desired result, but the mere failure to achieve the result will not be a license to demand or compensate the other party. The question is, how can renegotiation lead to the establishment or effect of economic balance in oil contracts? In other words, how can the fundamental change of economic conditions in oil contracts be resolved with the condition of renegotiation. The findings of this research show that with the loss of profitability of oil projects, the contracts have undergone a fundamental change, and to maintain the stability of the contract and the continuity of the project, there will be no other choice but to resort to renegotiation to establish economic balance; In any case, renegotiation requires the goodwill of the parties. Manuscript profile -
Open Access Article
26 - Compare mortgage contract deals with right of refund
Rima Amiraghdam Hasan BorjiOne of the most important cases should be mentioned are transactions with theright of restitution and their differences with mortgage contracts. This question thatare these contracts in essence vesting possessory rights or security is the one of themost important subjec MoreOne of the most important cases should be mentioned are transactions with theright of restitution and their differences with mortgage contracts. This question thatare these contracts in essence vesting possessory rights or security is the one of themost important subject. In comparison with mortgage contracts and transactionswith restitution right some topics will be mentioned. Similarities and differences ofthese institutions have been explained. In resulting, although legislator has removedvesting possessory right effect from these contracts but their natures did not changeand because of similarity between these two kinds of contracts, shouldn’t beconsidered equal. Manuscript profile -
Open Access Article
27 - Thinking about the Concept of Right to Development
Iraj Rezayi nejadThis article examines the complex and arguable concept of right to development in the light ofInternational Human Rights law and interprets it in an operational manner.It moved the concept of development beyond the economic growth of states and past earlierUN debates wh MoreThis article examines the complex and arguable concept of right to development in the light ofInternational Human Rights law and interprets it in an operational manner.It moved the concept of development beyond the economic growth of states and past earlierUN debates which were centered on development as a right among states. By casting developmentas a Human Right, the Declaration brought forth an appreciation that developmentis not what happens as a result of economic growth or development planning, it is a processthat allows for the full range of rights and has its goal to pursue self-actualization of people inconditions of dignity through the exercise of their rights. Manuscript profile -
Open Access Article
28 - 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 -
Open Access Article
29 - 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 -
Open Access Article
30 - The Common Heritage of Mankind: The Concept and Application in International Law
Hamidreza JamaliInternational developments and in particular new international economic order ledto the creation of “the Common Heritage of Mankind” and consists of five elements:non-appropriation, use it for peaceful purposes and benefit of mankind, sharing itsmanagement a MoreInternational developments and in particular new international economic order ledto the creation of “the Common Heritage of Mankind” and consists of five elements:non-appropriation, use it for peaceful purposes and benefit of mankind, sharing itsmanagement and benefits. Developing and developed states took opposing positionsand had different interpretation about its content. This concept is relatively new ininternational law and during the last decades has attracted considerable attention andgenerated polemical debate in international forums. This has been especially true ofthe CHM’s application to the legal status of resources in “common spaces areas”,and applied too in other issues. Nevertheless, due to substantial confusion over thenature of the concept and its appropriate place in international law; and differentinterpretations, it lacks legal force. It is a philosophical idea that questions theregimes of globally important resources regardless of their situation, and requiresmajor changes in the world to apply its provisions. Its application and enforcementrequire a critical reexamination of many well-established principles and doctrines ofclassical international law.This article aims at exploring the legal theory and the implications of the concept ofCHM. The author by a normative methodology seeks to provide tentative answers tothe questions whether and how concept can be incorporated into the corpus ofinternational law as a legal norm.The author concludes that can be postulated about the present status of the CHMconcept is that it may indicate an emergence general principle of international law. Itis supportable and applicable with human rights and in particular the thirdgeneration of human rights (collective or solidarity rights) and then is an erga omnesand a jus cogens. Manuscript profile -
Open Access Article
31 - Condominium and Joint Ownership in Iranian and French Law
SH NikovandOne of the important issues the general civil practice dealswith is the significant benefits of the joint ownership and its realizedeconomic results. The author has fresh ideas on regarding theownership share regime and right of possession in the orders of thecivil law MoreOne of the important issues the general civil practice dealswith is the significant benefits of the joint ownership and its realizedeconomic results. The author has fresh ideas on regarding theownership share regime and right of possession in the orders of thecivil law in Iran. He offers good advices on the matter of exercisingthe right of possession and use by co-owners and the legal regulationswhich contain the legal relationship among the co-owners and alsothe way of obligation. He illustrates important trends that each coownerhas the right to possess and use whole common property,however, none of them shall exercise this right if it adversely affectsothers legal interest. He also emphasizes on the right of the co-ownersof disposition the property share. He documents the French approachon how they regulate this question Manuscript profile -
Open Access Article
32 - Berlin’s Articulation of Value Pluralism and Human Rights
مسعود RostamiAfter the downfall of the Soviet Union and the impact ofglobalization, universalist democray has become the focus ofattention. Given the intensification of universal civil society andmuch of the progress in establishment of democratic govrenments the implications of hum MoreAfter the downfall of the Soviet Union and the impact ofglobalization, universalist democray has become the focus ofattention. Given the intensification of universal civil society andmuch of the progress in establishment of democratic govrenments the implications of human right has become a significant subject ofthe debate. The prominance of human rights from all side developedwith different kind of interpretations. Isaiah Berlin as the renownedpolitical and moral thinker of the age, has realized his task as oneof contributing to this idea. Comparing him with later liberals, hisaccount of human rights remains unexplored. In Beriln’s most explicitaccount, the national law doctrine is presented as unrestricted. In thisarticle, the author attempts to conclude with a brief discussion of theconception of human rights flowing from the value pluralism. Centralto this improvement of classical liberalism through the agonistic one,what is special about Berlin’s version of value pluralism, which leds tothe promotion of human rights? Manuscript profile -
Open Access Article
33 - Fundamental Concepts in Classic and Feminist schools as Related to Change of Nationality due to Marriage
N. Almasi M. HemmatOn change of nationality, Classic and Feminist schools have their own views in international law. This study was aimed at answering the question, of what reasoning classic and feminist schools are based on as related to change of nationality due to marriage. The assumpt MoreOn change of nationality, Classic and Feminist schools have their own views in international law. This study was aimed at answering the question, of what reasoning classic and feminist schools are based on as related to change of nationality due to marriage. The assumption here is that, the classic school disregards human rights as related to change of nationality due to marriage, while the feminist school emphasizes human rights and rejects any kind of discrimination on the basis of sex on the question of nationality. Specifically, the study sought to bring into focus and the some time review human rights which concern women's nationality. Elevating human rights and implementing them as related to women is contingent upon recognizing the same rights for men and women concerning their nationality and rejecting any discrimination in this regard. To investigate the legal concepts and elements related to this topic and also describing and categorizing them a descriptive method was followed. To evaluate those concepts and elements a critical analysis was done. The results revealed that in the classic school the focus is on political consideration and national interests of the country with which the man is affiliated, which means disregarding human rights. on the other hand, the feminist school emphasizes human rights and introduces the principle of the equality of men and women, on the question of nationality, thus rejecting any discrimination in this regard. Manuscript profile -
Open Access Article
34 - Policies of international and Iranian documents on customer rights arising from the sale of defective goods
Faranak Moazen Ahmad Shams Seyed Mojtaba Mirdamadi ahad bagherzadehA significant volume of international transactions is carried out in the form of a sales contract, and one of the controversial issues in this contract is the defective product and the range of rights arising from it for the customer. Considering the growing volume of d MoreA significant volume of international transactions is carried out in the form of a sales contract, and one of the controversial issues in this contract is the defective product and the range of rights arising from it for the customer. Considering the growing volume of domestic and international transactions, these rights must be complete in order to eliminate the violation of the right in general. The inadequacy of traditional rights in the discussion of defects, the obsolescence of laws, as well as the potential of Iran to be present in the international trade arena, shows the need to use scientific achievements and ready-made texts and resources that have been accepted at the international level in order to consciously follow the example of They should open a shortcut to advanced rights. This research with a descriptive-analytical method and a comparative approach from documents such as the principles of European contract law, the principles of international commercial contracts and the 1980 Convention on the International Sale of Goods indicates that the range of customer rights due to defective goods in the aforementioned legal systems, the set of performance guarantees is generally based on the institutions of 1. Mandatory execution of the contract; 2. Adjustment of the contract (price reduction; Arash); 3. Termination and 4. The demand for damages is available to the customer and although there are differences, these differences in the bases and principles are not the origin of the effect, and in general, the shared aspects of domestic law with the examined documents are more than the aspects of the dispute. It is its incentive and obstacles, and the possibility of greater coordination and alignment with global procedures and their acceptance is possible. Manuscript profile -
Open Access Article
35 - The Comparative Study on Reservation Right for Consignee in Various Types of Contracts for Transport
Amir Hoseyn Fakhari Sharareh Mofidiancarrier shall be obliged to deliver goods to consignee in accordance with mentioned qualificationin Bill of Lading Hence, consignee has direct right arising from contract of carriage against carrier.The right of consignee has not been mentioned in Acts and in internatio Morecarrier shall be obliged to deliver goods to consignee in accordance with mentioned qualificationin Bill of Lading Hence, consignee has direct right arising from contract of carriage against carrier.The right of consignee has not been mentioned in Acts and in international conventions as«Reservation Right», but by giving right to consignee for sending notice of claim after receipt anddetermining damages and importance of them , the reservation right has practically established infavor of consignee. The right of Carrier in time of receiving goods for mentioning the qualificationof goods in Bill of Lading, is recognized as reservation right. On the other hand, a similar right isconsidered at the end of carriage in favor of consignee In destination, consignee shall have right todeclare the non-conformity of goods with description of Bill of Lading at delivery or to maintain hisright by sending the notice according to regulation after delivery and inspection. Although the rightof consignee can not be mentione in Bill of Lading like the right of carrier, but it could not be entitledother than «Reservation Right for Consignee» .There are different discussions over basic of the rightof consignee against that for carriers’ due to relativity of contract .In some international regulations,right of action for consignee shall be eliminated if notice is not brought timely, except for the case ofcarrier’s malice. It will be necessary to consider some excuses for lack of timely notice circumstancebecause of its gross compensation. Incidentally determining identification of carrier in text of Acts orconventions can be effective in establishment of justice in proper time with lower costs. Manuscript profile -
Open Access Article
36 - Comparative Study About Voluntary Assignment of Right
داوود Bozorgmehr علیرضا YazdanianAfter some fluctuations, voluntary assignment of right was accepted in the Frenchlaw. In Fact, this was the result of acceptance of the thesis, that is Separatin ofobligation from the personality of creditor and its assignability .Fortunately, in Iranian law, attention MoreAfter some fluctuations, voluntary assignment of right was accepted in the Frenchlaw. In Fact, this was the result of acceptance of the thesis, that is Separatin ofobligation from the personality of creditor and its assignability .Fortunately, in Iranian law, attention to the Figh backgrounds, there is no problem inacceptance the legal establishment of voluntary Assignment of Right. For example,Guarantee contract and Draft are the best cases that are based on the assignment ofobligation. However, it is necessary to say that, voluntary assignment of right inIranian law is possible in many ways concluding; nominated contracts, unnominatedcontracts and some other ways that are discussed in this article. Manuscript profile -
Open Access Article
37 - Position of the right to peace in the charter of UN with looking at the performance of the Security Council
عاطفه AmininiaUN in the last days of World War II, as an organization that emerged out of the nations, with the goal of international peace and security arose ideal. It is clear that the achievement of international peace and security requires good infrastructure in paragraphs 2 to 4 MoreUN in the last days of World War II, as an organization that emerged out of the nations, with the goal of international peace and security arose ideal. It is clear that the achievement of international peace and security requires good infrastructure in paragraphs 2 to 4 of the Charter has been mentioned, which is the realization of fundamental human rights. The realization of human rights, in turn, requires hospitalization of peace .this present paper intends to seeks position of the right to peace and assess the performance of the Council in this regard. Council in this regard, what is qualified and competent to truly ahead of this coming from. what is qualified and competent to make this truly is the threshold? Manuscript profile -
Open Access Article
38 - 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
39 - Elaboration of Countractual Factors of Disputs Arising out of Domain Name
Parviz Savrai Fatemeh PourmasjedianThe different names of internet’s domain are easy obtainable shapes of internet ddresses and usually will be used to find the web sites. The Domain Name System (DNS) is an international address system and is a unique guidance to locate addresses in the virtual wor MoreThe different names of internet’s domain are easy obtainable shapes of internet ddresses and usually will be used to find the web sites. The Domain Name System (DNS) is an international address system and is a unique guidance to locate addresses in the virtual world. In today’s world, which tendency is to eliminate or limit traditional communication methods, responding to legal issues related to domain names, for example disputes related to registration or usage with bad faith of domain names similar or equal to other’s trademarks, is inevitable. The main question is, what are the limits of relevant legal laws, in our existed rules and regulations for domain registration contract or transfer of it? In this regarded s of course the regulations of transnational, and following intern network, and finally the legal centre of domain name should be considered. On the top of the issues of related applicable rules, if there are needs to govern new rules then, what are the structure of those rules could be? This thesis is trying to focus on domain name subjects and answer to related questions which are due to lake of relevant laws and procedural rules are faced with ambiguities the results of this research about legal nature of the domain name approved that the domain name actually is on of the types of intellectual properties considering the following notes: - The function of domain name is purely used in cyberspace. - The main goal of users in first step is to have access to their desired information networks in order to receive political social, cultural, economical, commercial, and trade information for their different purposes. - The judgement from judicial authority could be enforced for registration of domain name or cancellation and transfer of it, subject to not exported out conflict judgment from international arbitration centres. - The owner of domain name, subject to observe rules and regulation, should be supported by laws. Manuscript profile -
Open Access Article
40 - Examining the Effect of Corporate Governance Indicators on Credit Ratings with Regard to the EMS model (Case study: Tehran Stock Exchange)
Hoosein Vazifehdust1 Maysam Ahmadvand M. Javad SadehvandThis study reviews the impact of corporate governance indicators on credit ratings in a sample of firms listed on Tehran stock exchange. Regarding the absence of international credit rating agencies in Iran’s financial market, this paper firstly calculated credit MoreThis study reviews the impact of corporate governance indicators on credit ratings in a sample of firms listed on Tehran stock exchange. Regarding the absence of international credit rating agencies in Iran’s financial market, this paper firstly calculated credit ratings of selected firms using the emerging market score (EMS) model. The next step was dividing corporate governance indicators into four categories: shareholders’ and stakeholders’ rights, board of directors and its committees, auditing, and transparency and public disclosure. Based on each of these categories, a representative index, and by aggregating four representative indexes, a composite corporate governance index was built. Then, the relationship between these indexes and credit ratings was examined.Results suggest that only governance indicators related to shareholders’ and stakeholders’ rightsare significantly positively correlated with credit ratings. However, combining these indicators with other governance indicators (that is, indicators related to board of directors and its committees, auditing, and transparency and public disclosure), did not have any significant influence on credit ratings of Tehran stock exchange listed firms. Manuscript profile -
Open Access Article
41 - Testing for Explosive behavior and bubbles In Iran’s Stock Market
Kazem Biabany Khameneh Saeid Khazaei Amir Hosein AfsharianThe purpose of this research is testing of existence explosive behavior and identifying periods with price bubbles in stock market of Iran in January 2008 until September 2014. In periods that multiple price bubbles occurs, process of time series change from random walk MoreThe purpose of this research is testing of existence explosive behavior and identifying periods with price bubbles in stock market of Iran in January 2008 until September 2014. In periods that multiple price bubbles occurs, process of time series change from random walk to an explosive behavior. In this cases most of the traditional unit roots tests has less power in detecting bubbles because It is necessary that unit root test is able to detecting changes in time series from I(0) to I(1) during bubbles and changing I(1) to I(0) during collapse. For this reason, in the present study Sup ADF and Generalized SADF tests that’s based on right tail augmented Dickey-Fuller unit root test that recently Introduced by Phillips et.al (2014) was applied for testing explosive behavior. According to the results, existence of bubbles in the 15 months of samples, and specially July 2013 until December 2013 is confirmed Manuscript profile -
Open Access Article
42 - 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
43 - 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
44 - Investigating the Relationship between Dimensions of Social Capital and the Rights and Duties of Citizenship
Sousan Sahami -
Open Access Article
45 - The Impact of Globalization on Women Political Participation (A Case Study of Pakistan 1999-2010)
Syed Raheem Abbas Shah Muhammad Asim Syed Mukitiar Hussain Bukari Munzoor Ahmad -
Open Access Article
46 - The Study of Social Sustainability in Urban Renewal Process (Case of Study: District 11 of Mashhad)
Ali Ghesmi Shah Galdi Rahmatollah Farhoudi Ezatollah Ezati -
Open Access Article
47 - Recognizing and Classifying the Factors Affecting on Increasing and Promoting Children's Cultural Rights
Fereshteh Khatibi Mohsen Ameri Shahrabi Fatemeh Farahani Azizabadi -
Open Access Article
48 - Right Website Model, RWM Selecting Right Website for Publication of Internet Advertisement
K. Heidarzadeh M. Behboudi A. ArdakaniPublishing advertisement through Internet channel is an issue whose importance has been doubled by commercializing web. Existence of more than 65 billion websites in the Internet has made it impossible to publish advertisement with high efficiency through this channel w MorePublishing advertisement through Internet channel is an issue whose importance has been doubled by commercializing web. Existence of more than 65 billion websites in the Internet has made it impossible to publish advertisement with high efficiency through this channel which seems very easy. In this respect, the present study embarks to answer the question that "what is the most appropriate website for publishing a display ad in the world of web?" Since the concept of "right website" and advertisement in the web are new issues, the combinational method of comparative-inductive is used in this study. In this regard, first a content analysis was conducted on international studies and five features influencing right website selection were identified from among 90 previous studies in the area of Internet advertisement and marketing. The key features include: quality of electronic services, user-oriented design, electronic business model, interaction, and type of website involvement. Then, considering each of the extracted features, the conceptual model of right website selection was designed and in order to evaluate the model, a 5-scale Likert format questionnaire was developed which presented each feature as a hypothesis and tested their effect on the selection of right website for publishing advertisement. Although the test was strict, all hypotheses were confirmed by the experts. After confirmation of the conceptual model, a specific methodology was designed for operationalizing the model on the basis of TOPSIS farness from and closeness to the ideal. According to this mechanism, the model of right website selection is presented. At the end, a case study was conducted to evaluate the performance of the model and the results indicated that the model possess a good operational capacity. Manuscript profile -
Open Access Article
49 - Jurisprudential principles of securing the rights of the accused under pre-trial supervision
mehrangiz karimi mehdi sheidaeian araee asghar arabianProtecting individual rights and freedoms is one of the purposes of criminal procedure law. Among the acts that violate individual rights are the rights and freedoms of the accused at the monitored stage. The rights of the accused have been taken into consideration by t MoreProtecting individual rights and freedoms is one of the purposes of criminal procedure law. Among the acts that violate individual rights are the rights and freedoms of the accused at the monitored stage. The rights of the accused have been taken into consideration by the legislature to some extent, although they have not been fully addressed and full requirements have not been set for law enforcement and the judiciary, and in general some have been pointed out. The accused was under surveillance; The right of the accused to remain silent, the principle of innocence, the right to know the reasons for arrest, the interrogation of the accused by addressing issues such as the observance of the principle of security in the interrogation of the accused, human dignity, protection of civil rights and fair trial, as well as the right to a lawyer. The right to understand the accused and the right to inform the family were among the cases that were examined in this research from the perspective of jurisprudence and law. Violation of the rights of others, including defendants, is an unforgivable sin, and hard-working judicial officers and judicial colleagues are expected to spare no effort to observe it carefully. Manuscript profile -
Open Access Article
50 - Investigating the origin of credit rights in jurisprudence and law
Seyed Mahmood Nabavian Seyed Moohamad Mahdi NabavianThe issue of right is one of the fundamental issues of human social life. Human beings claim different rights to achieve their interests and goals. Rights, some of which are natural and developmental and some of which are credit. Irrespective of developmental rights, mo MoreThe issue of right is one of the fundamental issues of human social life. Human beings claim different rights to achieve their interests and goals. Rights, some of which are natural and developmental and some of which are credit. Irrespective of developmental rights, most of the rights that human beings have, which are especially discussed in jurisprudence and law, are credit rights. One of the serious issues in the philosophy of law and politics is the study of the origin of credit rights, what is the origin of credit rights and basically what inventory can forge credit rights. The present article seeks to examine the most important views on the origin of credit rights and explain the preferred view in this regard. In this study, four sources, namely God, subject law, contract and custom, have been examined and finally it has been concluded that God is the source of credit rights in jurisprudence, law and politics. Manuscript profile -
Open Access Article
51 - 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
52 - Proof of the Wife's Right for Lien through the Nature of Marriage
Zohreh Rabi’ei Mohem Abedin Momeni (corresponding author) Mahdi ZolfaghariOne of the controversial issues in marriage is that it is a transaction. According to different viewpoints, there are two theories regarding the marriage contract. Some believe that it is exchangeable and others believe that it is non-exchangeable. Of course, in the mea MoreOne of the controversial issues in marriage is that it is a transaction. According to different viewpoints, there are two theories regarding the marriage contract. Some believe that it is exchangeable and others believe that it is non-exchangeable. Of course, in the meantime, this hypothesis is also raised that it is pseudo-exchangeable. Each of them have cited some evidence. The present article tries to analyze the issue of lien with the nature of marriage. Lien is one of the rights that often arise in exchange transactions and in marriage, it also implies a transaction, and the reason for its creation is the guarantee of receiving the Mahrieh (the obligation, in the form of money or possessions paid by the groom, to the bride at the time of Islamic marriage) for the wife. In the end, this article comes to the conclusion that since there is a requirement for exchange contracts in the marriage contract, each of the parties has the right to refuse to receive compensation from the other party for submitting the exchange but this issue has nothing to do with the spiritual aspect of marriage, and the measures adopted in jurisprudence and legal issues that make it possible to compensate for losses and fatal damages in marital disputes should not be mixed with the aforementioned issues. Therefore, due to the transactional nature of the marriage contract and the exchange of the Mahrieh and also the exchange of compliance with it, the right of lien is proven. Manuscript profile -
Open Access Article
53 - Analysis of the wife's authority in the right to Divorce
mahboubeh moghadasi Ahmad Bagheri Seyyed MohammadReza AyatiThe aim of this study was to identify the effect of time and place on the allocation of divorce rights by descriptive-analytical method. The issue of equality between men and women in the right to dissolve marriage, as well as its conclusion in terms of Islamic jurispru MoreThe aim of this study was to identify the effect of time and place on the allocation of divorce rights by descriptive-analytical method. The issue of equality between men and women in the right to dissolve marriage, as well as its conclusion in terms of Islamic jurisprudence and law, has long been raised among Muslim thinkers; But the objections and protests have never been as high as they are now, the emergence of civil movements and human rights activists and the increasing awareness of women about their rights have caused these issues to be raised more seriously and jurists and legislators of Islamic countries look at the issue from new horizons. The findings show: The study of the role of custom in allocating the right to divorce is one of the important issues in the field of jurisprudence dynamics and without a doubt the role of custom of time and place is one of the important issues in this regard. Assigning the right to divorce to a man is one of the matters that is not explicitly mentioned in the Qur'an and does not deprive the wife of this right. A historical study of the status of women in the time of ignorance and the view that the Arabs had of women and the types of divorces in that day, by examining different temporal and spatial customs, customs and religious imitations, is ordered to divorce the wife Manuscript profile -
Open Access Article
54 - Jurisprudential-Legal Approach in Proving the Balance in the Sexual Rights of Married Couple and its Impact on Subject Rights
nasser ali azlall nejad Hasan Asadi Fatemeh JafariJurisprudential sources and Legal doctrine Call the woman's sexual Intercouse with her husband and the Response to his legitimate wishes,the Specific obedience that is one of the nonfinancial effects of marriage, which in civil law deals with The title of Marital Duties MoreJurisprudential sources and Legal doctrine Call the woman's sexual Intercouse with her husband and the Response to his legitimate wishes,the Specific obedience that is one of the nonfinancial effects of marriage, which in civil law deals with The title of Marital Duties has been explained and the guarantee of its non-enforcement, namely non-compliance with the law, is the non-payment of alimony by the man. The consensus of the jurisprudents and jurists is that this non-financial right is reserved only to the man and he can When he wants to exercise his right to do so unless the woman is unaware of this relationship. Contemporary jurists and jurisprudents, the lawful and inexplicable jurisprudential rules, the provision and maintenance of women's chastity, attention to the nature of sexual instincts as a shared instinct between men and women, attention to individual and social excellence of women and the prevention of corruption in society show that This right can not only be confined to men, but sexual intercourse is one of the common rights and duties of couples and jender difference do not prevent balance in sexual affairs of couples whose rights in matters of the country should be subject to special scrutiny in light of these issues and rational conclusions. Keywords: Special obedience, Sexual rights, Divorce, Marriage Manuscript profile -
Open Access Article
55 - Examining the Validity of Waiver of All Rights for Unilateral Termination with Emphasis on the No-Harm Rule
Ashraf NayebzadehThe necessity and strength of the contract is considered as one of the basic principles in transactions. Although the basis of legal laws in line with fundamental principles such as the principle of necessity is to try to strengthen the contract and prevent its unnecess MoreThe necessity and strength of the contract is considered as one of the basic principles in transactions. Although the basis of legal laws in line with fundamental principles such as the principle of necessity is to try to strengthen the contract and prevent its unnecessary dissolution, sometimes the principle of necessity can create adverse effects for the parties.relinquishing all kinds of options, including the option of deception, even to the highest degree" is included as a term of contract. However, including different terms without knowing the consequences or signing the contract based only on good faith in the other party is reckless and irresponsible, because in the event of a dispute by signing only the provisions of the contract, the signatory is responsible and obliged to accept the consequences. This means that after accomplishing the contract, the parties to the transaction cannot terminate the contract under the pretext of fraud and loss. Since in some cases this term becomes a tool to abuse the right and basis of the loss, in law, whenever there is a discussion of the loss and gross damages and compensation, the no- harm rule comes to mind so that by the help of this powerful lever, the victim is able to compensate for the damage. In this article, adopting the analytical-inferential method and documenting the fortieth Principle of the Constitution and emphasizing the no-harm rule, the denial of validity of the condition of " all kinds of options relinquishment " has been examined and investigated. Manuscript profile -
Open Access Article
56 - 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
57 - Examining the powers of the right to discipline the child in Shia jurisprudence and Iran's legal system
sajad elahi karim salehi abas jazaeri farsaniThe right to punishment is an issue that exposes children's rights to danger and abuse in national and transnational spheres.On the other hand, disciplining children and harming the health of the child's body and soul has become an issue that parents and guardians are c MoreThe right to punishment is an issue that exposes children's rights to danger and abuse in national and transnational spheres.On the other hand, disciplining children and harming the health of the child's body and soul has become an issue that parents and guardians are clinging to as a weapon to exercise their own taste and also to abdicate their responsibility.Of course, this issue is not the same everywhere, but providing a model for judicial use in dealing with this phenomenon in general is one of the important issues of children's rights.In this way, by analyzing the descriptions mentioned in the laws of Iran and the United States, followed by the United Nations Convention on the Rights of the Child.The different result and disapproval of the Iranian law was determined from the two conditions of criminal justice, as well as the lack of attention to the legal foundations of this phenomenon.Therefore, it is believed by tradition that the different policy of Article 9 of the Child and Adolescent Protection Law was written without considering the basics of guardianship of the child and did not distinguish between guardians who have guardianship or other guardians.On the other hand, it is very different from the international documents in this field, and it has not mentioned the right to punish from the point of view of discipline, which is mentioned in Article 158 of the Penal Code.While the above-mentioned law has been prescribed in the field of interpretation, which is against the requirement of criminal revision.Therefore, with the mentioned arguments, it is suggested to amend Article 9 of the Protection Law and Article 158 of the Islamic Penal Code. Manuscript profile -
Open Access Article
58 - Jurisprudent Consideration of Becoming Spiritual right as Costs and Prohibition of Treatment in them
Morteza Pouyanright is in common with an effect like authority whether we tell thatright is the same possession or not. And the authority of propertiesin rights is enough to decide that any disposal in the human’s rightproperties ,without taking a permission of its owner,isnotl Moreright is in common with an effect like authority whether we tell thatright is the same possession or not. And the authority of propertiesin rights is enough to decide that any disposal in the human’s rightproperties ,without taking a permission of its owner,isnotlegitimate. And the spiritual right which don’t exist as concreteobjects in reality of the world and one cannot be possessive of it.but rather it is a kind of intellectual and customary abstractions thatwe can prove it that both could be a cost in a sale even if we doubtin its judgment of legitimacy or non-legitimacy.we can ,on the lawof legitimacy of transfer ,say that the transfer is in the case.The conclusion is: first the owner of right has a kind of authorityaccording to right which belongs to him. And nobody can act on itwithout his permission. For instance without the permission of itsowner nobody have right to publish one’sroyaltyand his scientifictheories or copy a cd secondly the contract of rights in the way ofsale like other contracts are legitimate. Manuscript profile -
Open Access Article
59 - Irans Status in the Law of Arbitration Institution with Juridical Approach
Mohammad Rahim BehbahaniArbitration and dispute resolution practices among people, old institution that was common in ancient Iran and Saudi Arabia before Islam and Islam signed it. Islam gives special importance to resolve disputes through arbitration and cited verses in the Quran, the more a MoreArbitration and dispute resolution practices among people, old institution that was common in ancient Iran and Saudi Arabia before Islam and Islam signed it. Islam gives special importance to resolve disputes through arbitration and cited verses in the Quran, the more attention it provides. Shia scholars also about the necessity or recommendation arbitration, the nature and conditions of judges in arbitration proceedings have added to the richness of the discussions. Under Iranian law, the legislator inspired by the Jurisprudence of particular importance to arbitration in disputes and the regulations, it is necessary to refer to arbitration.and its low cost. In this study, for the first time briefly with the benefit of rich and authoritative sources in Fqh; Principles of Islamic Law and statutory rights of Iran, including civil rights, rights of privacy and rights is the trade and patent to a very high status arbitration Act and the need to mention it also occurs to development. It is hoped that the attention and acceptance of the Prophet of God and Imam Arvahnaalfda’ and everything Andr Karan of law in the administration of justice Gyrd divine. Vhv Ahkm Alhakmyn. Manuscript profile -
Open Access Article
60 - Causes of Easement Creation in Islamic Religions
Mohammad Rasool Ahangaran Amir AhmadiThe right to easement is one of the important issues of human life in livelihood or trading. So sometimes people see the needs of others and help them to meet their needs. So what is the cause of the creation of the right to promote Islamic jurisprudence? This article d MoreThe right to easement is one of the important issues of human life in livelihood or trading. So sometimes people see the needs of others and help them to meet their needs. So what is the cause of the creation of the right to promote Islamic jurisprudence? This article discusses the causes of the creation of the right to education. These articles contain the views of the great Islamic five jurisprudents. During the research, the divisions and commonalities of religions are well known. One of the most important reasons for the creation of the right to claim is the right to easement to a public partnership between people, exchange of rights, rights to property, inheritance, will, and willfulness of this right, which is discussed in detail in each of these cases in more detail. Is. This article can help jurists in juggling issues as well as in the formulation of legal rules, and is a way for them to come up with this issue. Manuscript profile -
Open Access Article
61 - Position of Enjoining the Right and Forbidding the Wrong in Islamic Theology and Jurisprudence
Mohamd Jafari harandiAt the beginning of the call of the prophets, religious teachingswere communicated differently and proportionally. However, afterthe institutionalization of any religion, religious scholards used toclassify the teachings establishing new disciplines with giving aspecil MoreAt the beginning of the call of the prophets, religious teachingswere communicated differently and proportionally. However, afterthe institutionalization of any religion, religious scholards used toclassify the teachings establishing new disciplines with giving aspecil title to each of the classes. Two disciplines gasined muchimportance in the teachings of the religion of Islam.One is thetheology dealing with explanatiomn of Islamic doctrines, provingthe theories, and refuting spurious arguments. The other isjurisprudence dealing with the quality nof the behavior of thebelievers.The issues of these two disciplines have sometimes baesdon requirements mixed together and somre thological material haveincorporated jurisprudence. Enjoining the right and forbidding thewromng has a special position in this field. This is because it hasfoubnd a close relation with jurisprudence and little by littleconsidered as a jurisprudential issue.It has been discussed next toprayer and fasting whuich have mainly an individual aspect.However, this issue can be put into practice when the Imam of theMuslims assumes the reins. So it should be discussed consideringthis point. Manuscript profile -
Open Access Article
62 - Analysis of the Differences between Women's Rights in Imamiyeh Jurisprudence and Article 16 of the Convention on the Elimination of Discrimination against Women Focusing on the Equal Rights of Couples in Marriage and Divorce
Mahnaz Salami Seyyed Mohammad Reza Ayati Seyyed Hadi MahdaviJustice is one of the most significant principles in Islamic teachings which is ripe with ethical causes and values. Islam has put a lot of emphasis on marriage. Marriage creates rights and responsibilities for couples. The analysis of the differences of these rights in MoreJustice is one of the most significant principles in Islamic teachings which is ripe with ethical causes and values. Islam has put a lot of emphasis on marriage. Marriage creates rights and responsibilities for couples. The analysis of the differences of these rights in Imamiyeh Jurisprudence and article 16 of the convention on the Elimination of Discrimination against Women deserves scrutiny. This Convention has determined equal rights for couples. One of the controversial issues is the directorship of husband in family. Due to The necessity of a head or director in any society, the directorship of husband is an administrative and not authoritarian one; so wife is not obliged to obey her husband in her personal affairs. In this paper, offering a new interpretation of the concept of directorship and relating it to the economy of family, I have tried to reconcile between the convention and the rule of religion. It seems advisable for the legislators to amend the laws via understanding the principles and eliciting them from the Holy Quran, tradition and the Islamic society customs, and setting appropriate criteria. Manuscript profile -
Open Access Article
63 - Imposed Stipulations in the Contracts of Car Industry
Mohamad Mostafa Doagooee Zeynab MohamadiComposing the favorite legal contracts in particular conditions, some companies are trying to misuse from the economic needs as well as from the non-expertise of their customers. As a matter of fact those companies impose their stipulations which cover only their benefi MoreComposing the favorite legal contracts in particular conditions, some companies are trying to misuse from the economic needs as well as from the non-expertise of their customers. As a matter of fact those companies impose their stipulations which cover only their benefits on the customers. A field in which one can see such contracts is in Iranian car industries. Some states and international organizations by enacting rulings and provisions came to support the customers in order to eliminate "significant disparities" come from those imposed stipulations. Furthermore, the support for the weaker side in those contracts may bring about more justice into contract. Taking some jurisprudential origins for such rulings into consideration including mutual consent, public order, and theory of preventing abuse of their own rights, this article tries to analyze those rulings and provisions to see in which condition it would be possible to cancel the contract. Manuscript profile -
Open Access Article
64 - Usury in State Loans
Mohammad Jafari HarandiThe usury is prohibited in Islam. This prohibition be aimed at ofreal persons; because they have not any religious obligation;therefore the prohibition and obligation do not aim at them andbecause of the government is a legal person its bargains topicallyare out of proh MoreThe usury is prohibited in Islam. This prohibition be aimed at ofreal persons; because they have not any religious obligation;therefore the prohibition and obligation do not aim at them andbecause of the government is a legal person its bargains topicallyare out of prohibition of usury and in addition the governmentproperty including cash belongs to the people and considers ascommon property and when the government loans it to the people infact loans peoples property to themselves and therefore if it takesany gain there is not any problem. Manuscript profile -
Open Access Article
65 - Results and Difference of Delivery and Receipt in Contracts of Trade
Asghar Arabian Hasan KhodabakhshiSome thought men believe that delivery and receipt are similar to two concepts of cause and existence due to uniformity of essence in turns of validity are different. Because of this although delivery is done by seller and receipt is done by customer,delivery will be ha MoreSome thought men believe that delivery and receipt are similar to two concepts of cause and existence due to uniformity of essence in turns of validity are different. Because of this although delivery is done by seller and receipt is done by customer,delivery will be happened when receipt is done by customer, so effects like transferring of gurantee indemnify are done on customer's act and untillthe customer doesn'treceive the object of sale, the seller wont discharged from responsibility of destructing object of sale before receipt. In fact delivery and receipt are two concepts that their differences are real and fact. Delivery and receipt are two separated stepsfrom each other and imaginatingly delivery may be done by seller but the customer doesn't receive the subject. Practical use of this separation is in effects like transferring guarantee of indemnify, right of lien act and etc. It means that the goal of delivery is necessary for seller and one is discharge from guarantee won't be depended on receipt of object of sale by customer. Manuscript profile -
Open Access Article
66 - Effect of Organ Transplantation on the Loss of Retaliation' Right
Hossein Naser Khaki Ali Reza Asgari Ahmad Moradkhaniconsensus of the Islamic scholars of the Islamic constitutions, can be made subject to conditions, but what is the difference between the members is the effect of organ transplantation on the retaliation of the retribution, whether the transplant is a member of the crim Moreconsensus of the Islamic scholars of the Islamic constitutions, can be made subject to conditions, but what is the difference between the members is the effect of organ transplantation on the retaliation of the retribution, whether the transplant is a member of the crime, whether it is a member of the retribution. The origin and the main cause of this difference is a different interpretation from the narrative that exists in this regard. Some consider it as something special about Madnay, and some of it are specially Johnny. In this article, the jurisprudents and the arguments of each argument are discussed. And then the theory of organ transplant authorization was strengthened by a criminal case against, before and after the exercise of the right of retribution, his right to crash, and the impossibility of depriving him of a linkage to a criminal offense by a criminal, and the theory of the authorization of a transplant by a human being and the impossibility of re-enforcing his retaliation. According to the theory of non-cessation of the right of retribution, the law is based on the fact that his right to retribution has been fulfilled with the occurrence of a crime and The action against a member of the transplant does not have an effect on the collapse of this right, and the basis of the theory of permission of a transplant by a person and the right of retributive right to a member of a transplant is that the right of retribution to a member of a person is ongoing and its transplantation has an effect on rehabilitation This is not right. Manuscript profile -
Open Access Article
67 - 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
68 - Feasibility of Recognizing Human Right to Self by Rule of Rule (Dominion)
Hojjatullah Rahmani Nia Aboalhasan Mojtahed SoleimaniOne of the indisputable and important rules of jurisprudence is the rule of Domination. According to this rule, man has dominion over his property and, consequently, the right to possess. The issue that has been raised in this regard and has caused controversy among jur MoreOne of the indisputable and important rules of jurisprudence is the rule of Domination. According to this rule, man has dominion over his property and, consequently, the right to possess. The issue that has been raised in this regard and has caused controversy among jurists as well as jurists is the possibility of recognizing the human right to the body based on the rule of Domination. The specific question in this regard is whether the human right to one's body can be justified on the basis of the rule of Domination or whether another approach should be sought? The results of the analysis of this issue in the present paper are that the inference of kingship over the organs of the body, by analogy with the priority of human kingship over rubbing, does not seem correct because our kingship over property is not absolute so that we can By analogy of priority, let us conclude that we have dominion over the organs of the body. Also, the delegation of human affairs to him can not be considered as a reason for man's dominion over his body parts, because the delegation of human affairs to him is only in matters not related to body (blood) and includes political and social issues. It does not enter into the circle of sensitive issues in which the Shari'a procedure is based on excessive precaution. On the contrary, reliance on the rule and theory of guardianship seems to be a better explanation of the human right to his body. Manuscript profile -
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69 - Principles and sources of shareholders' preemprive rights due to the capital increasing (with comparative study in Iranian, American law and Imamie Jurisprudence)
Hossein Sadeghi Hamideh Zaree Mahdi NaserThe right of shareholders to raise equity capital is a right recognized in all legal systems. The main question of the present study is what are the foundations and sources of this right in the perspective of Iranian, American and Imamieh legal systems? The legal basis MoreThe right of shareholders to raise equity capital is a right recognized in all legal systems. The main question of the present study is what are the foundations and sources of this right in the perspective of Iranian, American and Imamieh legal systems? The legal basis of this right to purchase and subscribe for new shares arising from the increase in capital in the US legal system is the prevention of the reduction of various shareholder rights, an issue that is also valid in Iranian law. In addition, jurisprudential rules such as the rule of loss and the rule of law can also be considered as the basis for the right of priority. In Iranian law, the law is the source of this right, but in American law the right is the product of a judicial procedure, law, and company statute that have two general approaches. Except as stipulated in the Statute of Priority, shareholders do not, except the Statute, deny this right unless the Statute has denied this right, while the legal provisions relating to the right of priority in Iranian law are applicable and the possibility of infringement Contrary to that, there is no company statute. Manuscript profile -
Open Access Article
70 - Analysis of the Application of the Transaction to Escape from Religion in Jurisprudence and Islamic Law of Iran
Mohammad Javad Heydarian Dolatabadi Rasoul Mazaheri KohhanestaniThe deal to escape from religion is a general discussion of the "period between the apparent and inner will". Contrary to what some people think, in Islamic jurisprudence, will not have a high status. For this reason, the jurists in the process of formation of transacti MoreThe deal to escape from religion is a general discussion of the "period between the apparent and inner will". Contrary to what some people think, in Islamic jurisprudence, will not have a high status. For this reason, the jurists in the process of formation of transactions and niqas have considered the role of the transactors' will more than anything else, and they do not consider the words and other means of declaring the will alone and without discovering the will of the interlocutors to create any obligation. Among the important discussions about will is the discussion of the apparent and esoteric will in jurisprudence and law. The question is, is the legal practice of its existence as proof and in regulating the relations between the parties, of the apparent will or of the inner will? Which other face of will will be the criterion, in other words? Based on this research, intention and will in the base of "following the marriage from intention" is the intent and will of the esoteric. The necessity of realizing the intent as an essential and necessary part of the transaction is inevitable. Therefore, our purpose of adherence is not merely a firm follow-up of the intention of the intention, but to mean that this adherence is proving Manuscript profile -
Open Access Article
71 - The four areas of the environment and the challenges of ownership and property rights
Masoud Mansour Iraj Hosseini Sadr Abadi Dariush KarimiAccording to the law of hunting and fishing, the law of protection and improvement of the environment, and the conventions and regulations of the IUCN, some parts of the country are classified as four environmental areas (national parks, national natural monuments, prot MoreAccording to the law of hunting and fishing, the law of protection and improvement of the environment, and the conventions and regulations of the IUCN, some parts of the country are classified as four environmental areas (national parks, national natural monuments, protected areas, and wildlife refuges). By the end of 2021, a total of 309 areas with 18.9 million hectares, equivalent to 11.5% of the country's area, have been approved as four areas, which can be considered in the field of public ownership (Anfal), government, private or a combination of them and be exploited with a specific use. While examining the effect of determining the four regions on the ownership and its documents, the ownership rights and exploitation, the adequacy or inadequacy of the existing regulations that need to be amended or supplemented to the system has been investigated. The relevant executives should follow up their approval process through the Islamic Council or the Board of Ministers, it is suggested as follows:- Adding two notes to articles 2 to 5 and one note to article 12 of the Executive Regulations of the Environmental Protection and Improvement Law.- Adding a note to Article 6 of the aforementioned law.- Adding a note to Article 9 of Hadnagar Law.- Amendment of Note 4, Article 31 of the Law on Protection and Exploitation of Forests and Ranges.The result shows that if these suggestions are applied, the ambiguities and challenges related to obtaining the ownership documents of natural resources located in the four regions and the system of its exploitation along with the problems between the two organizations of Environmental Protection and Natural Resources and Watershed Management regarding judicial and administrative measures, especially issues related to damages caused by public and construction projects in the mentioned areas, will be resolved Manuscript profile -
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72 - Cultural Contracts of Governments in International Law with Emphasis on International Criminal Court Judgments on Cultural Rights
faranak neisi Ali MashhadiStudy of legal dimensions of governments cultural commitments in international rights, because of it’s complications, is the most challenging questions in the ICJ. This research started for the answer of this question: “HOW the international low courts are r MoreStudy of legal dimensions of governments cultural commitments in international rights, because of it’s complications, is the most challenging questions in the ICJ. This research started for the answer of this question: “HOW the international low courts are resulted to address the surroundings of cultural rights- that are the obvious samples of governments cultural commitments – and what are it’s challenging of this questions” Research method: Analytical-descriptive research method is a type of library. Findings: The research OF this article shows governments cultural commitments in international rights aren’t just abstract and theologian commitments; but also are practical commitments which are reflected in votes of the bureau Conclusions: just (the) address the surroundings governments cultural commitments in international rights not for certain mention of achievements of bureau is a false repeat Manuscript profile -
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73 - The relationship between cultural factors and women's civil rights
محمد سلطانیفر شهناز هاشمی فرزانه یعقوبیرادIntroduction and Purpose: The main aim of this research is to study the relationship between socio – cultural factors and the level of accessibility to women's civil rights. The focal question of the research is as the following: Do the MoreIntroduction and Purpose: The main aim of this research is to study the relationship between socio – cultural factors and the level of accessibility to women's civil rights. The focal question of the research is as the following: Do the cultural factors (such as social trainings, access to mass media, public contribution, and social class, age and education level) have effect on the level of access to women's civil rights? Method: This research is conducted within field study framework and survey method. Findings: The data analysis and statistical findings of the research confirms five hypotheses and rejects one. The main result of this research is that there is a significant correlation between the social factors mentioned above and the level of access to women's civil rights among female employees of Tehran ministry of education offices. Conclusion: The results of this research show that awareness about civil rights is one of the most important prerequisites of whole citizenship, as a result by improving the level of this awareness and related issues, we are able to pave the way for a better society with minimum socio-cultural problems. Manuscript profile -
Open Access Article
74 - Management Geometry in Culture & the Shiite Civilization (Using the Right & Left Brain Hemisphere)
دکتر عماد افروغ دکتر علی نوری مطلقThis research studies the management geometry of Shiite societies and recognizesthe elements and relation & interaction process among management elements existingin the Shiite culture and civilization as a system by using the behavioral models of theRight & Left MoreThis research studies the management geometry of Shiite societies and recognizesthe elements and relation & interaction process among management elements existingin the Shiite culture and civilization as a system by using the behavioral models of theRight & Left Brain hemisphere. The researcher uses the mathematical model makingmethod to present the management geometry existing in the Shiite culture andcivilization and to recognize the base convergence process and moderation point ofthe system. This research is a basic research and has been done through the case-fieldmethod. An open-ended questionnaire and a closed questionnaire were used to collectthe opinions of 15 professors and prodigies teaching different fields in variousuniversities. Finally, after analyzing the information given, hypotheses were provedand a management model was presented. Manuscript profile -
Open Access Article
75 - Identification of dimensions ,ingredient,and media implications of Iranian citizenship rights and Presenting a conceptual pattern
eraj mahmoudi ashab habibzadeh Hadi i Khanaki mehrdad navabakhashThis paper examins the effects of the media pattern of Iranian Citizenship Rights and was investigated with opinions of citizenship rights and media thinkers that they have been reviewed during the interview. This research has provided a different recognis of the media MoreThis paper examins the effects of the media pattern of Iranian Citizenship Rights and was investigated with opinions of citizenship rights and media thinkers that they have been reviewed during the interview. This research has provided a different recognis of the media and citizenship rights in Iran. Current study is a qualitative study via contents analysis. The process of data collection was interview with 17 media experts and citizenship rights, and sampling beganed in the 1396 with Snowball Sampling and continued until the theoretical saturation of data. Data analysis was performed by Max QDA software. Research findings shows dimensions ( Institiutionalizing Cultural issues, media supervision on performance of government officials, the rights of education and awareness of citizens, distribution of political power, the right to use information and communication thechnology, media advertisments and free times , possession type and independence of the media, media socity, horizontal relationship between government and people , access to the public domain right, professional burcauracy and sociability), Ingredient ( Educational, Supervisory, political, Managerial, social, Legal, Developmentism, Economic, Historical) and the implicatioms of the media pattern of citizenship rights ( the emergence of transparent goverments, risponsing and associative, rise a creative private sector,the legislator and responsible, Increase national dependency, national and social security , the right of media and people will be mutually observed, we will have a developed community that citizen's satisfaction will be more) have been identified. Manuscript profile -
Open Access Article
76 - Developing the social security rights in the context of the right to development
ahmad ketabi roodi mohammad reza vijehToday, the development and its various dimensions are one of the most important issues in domestic and international arena. This issue has particular importance because it relates to another issue, including human rights. Consider the development as human rights and app MoreToday, the development and its various dimensions are one of the most important issues in domestic and international arena. This issue has particular importance because it relates to another issue, including human rights. Consider the development as human rights and appearance of the "right to development" as an example of the third generation of human rights and on the other hand, progressive of the developing and the Third World countries in claiming this right emphasized the human dimension of development and created the concept of human development which all human are entitle to participate, collaborate and enjoy from various aspects of human security with it such as economic, social, cultural and political security and through this, all their fundamental rights and freedoms will be achieved. The right to social security is not only one example of the second generation of human rights, but also protects people against sudden and perilous disturbances such as aging, sickness, disability and death. Therefore, this right Affected by the concept of right to development and human development. In this research, while considering to the right to development, the human development, the human security and the social security rights, has been studied and analyzed available capacity on the right to development for developing the social security right. Manuscript profile -
Open Access Article
77 - Structural analysis of the role of citizenship rights components on the social capital level of upper and lower classes of Isfahan (comparative study of devoloping and marginalized neighborhoods)
Hassanreza yosofvand nafiseh sadrahhami Dariush Ghaffari Discussing the rights of citizenship in society refers to the enjoyment of the rights of individuals in asociety of all individual and social rights. Accordingly, this research has been conducted with the aim ofstructural analysis of the role of citizenship rights More Discussing the rights of citizenship in society refers to the enjoyment of the rights of individuals in asociety of all individual and social rights. Accordingly, this research has been conducted with the aim ofstructural analysis of the role of citizenship rights components on the level of social capital of upper and lowerclasses of Isfahan in both marginalized and marginalized regions. The method of the present study is a surveybased on the time criterion; the cross-sectional, in terms of its nature, is practical and in terms of scale. Thestatistical population of the study consisted of men and women aged 15-60 (young people) living in Isfahan intwo regions with marginalization. The protected area includes the Mardavij and the marginal area, includingthe Arzanan and Darak neighborhoods, with a sample size of 384 and a total of 768, based on the Lane table.The results of structural analysis show that, due to coefficients, the effect of citizenship rights on social capital issignificant in two different marginalized and well-off societies. Considering the coefficient of influence (0.49) ofthe effect of citizenship rights on social capital of the marginalized area Most of the effect of citizenship rightson social capital of the region is (0.31). In general, both of these effects are significant, but the social capitalmeasurements have shown that according to the coefficients, the size of social capital is greater than that of themarginalized region Manuscript profile -
Open Access Article
78 - Developing the Social Security Rights in the Context of the Right to Development
Mohammadreza Vijeh Ahmad Ketabi RoudiToday, the development and its various dimensions are one of the most important issues in domestic and international arena. This issue has particular importance because it relates to another issue, including human rights. Consider the development as human rights and app MoreToday, the development and its various dimensions are one of the most important issues in domestic and international arena. This issue has particular importance because it relates to another issue, including human rights. Consider the development as human rights and appearance of the "right to development" as an example of the third generation of human rights and on the other hand, progressive of the developing and the Third World countries in claiming this right emphasized the human dimension of development and created the concept of human development which all human are entitle to participate, collaborate and enjoy from various aspects of human security with it such as economic, social, cultural and political security and through this, all their fundamental rights and freedoms will be achieved. The right to social security is not only one example of the second generation of human rights, but also protects people against sudden and perilous disturbances such as aging, sickness, disability and death. Therefore, this right Affected by the concept of right to development and human development. In this research, while considering to the right to development, the human development, the human security and the social security rights, has been studied and analyzed available capacity on the right to development for developing the social security right. Manuscript profile -
Open Access Article
79 - The impact of Women’s socio- intellectual conditions on efficiency of laws
Amir Nikpey Afsaneh Tavassoli Shiva Modareszadeh -
Open Access Article
80 - The Investigation of Sustainable Urban Development’s Assessment in Shiraz in Recent 10 Years
Mehrdad Navabakhsh Mohammad Bazrafshan -
Open Access Article
81 - The Informational Society and Development
Seyyed Vahid Aqili Ali Yaghoubi -
Open Access Article
82 - Designing a Trial Model for Cultural Development in Iran using Grounded Theory
Mostafa Abdi Ismael Kavousy -
Open Access Article
83 - A survey of the relationship between emotional intelligence and social happiness among exceptional talented teenagers in guidance schools in Tehran
Gholamali Afrouz Ebrahim Sheikhzadeh -
Open Access Article
84 - The role of student movement in development of public sphere (A case study of Iran society 1921-2006)
Seyfollah Seyfollahi Mohammad Jafar Firouzi -
Open Access Article
85 - Kant, Dialogue and Morality
جرمی شرمرAfter briefly reviewing a well-known problem aboutKant’s ethics, a resolution is offered by way of an appeal to certainof Kant’s epistemological ideas. The resulting view – a version of adialogue-based approach – is explored, and a further resolu MoreAfter briefly reviewing a well-known problem aboutKant’s ethics, a resolution is offered by way of an appeal to certainof Kant’s epistemological ideas. The resulting view – a version of adialogue-based approach – is explored, and a further resolution isoffered by way of suggesting that the initial problem then becomesone which may be addressed empirically. While Kantian ideas areused to set the scene, and as a point of reference, the paper’sconcerns are with the view to which the argument leads, rather thanwith the exegesis of Kant. Manuscript profile -
Open Access Article
86 - Investigate Blocking effect on snow event of heavy and continuous in Iran
Fatemeh Dargahian Bohloul AlijaniEach heavy snow event may be not caused by blocking phenomenon, but Occurrence ofpersistent and heavy snow (4 days or more) can be associated with the occurrence of blockingphenomenon. In order to understand and evaluate the effectiveness of the heavy snowfall andpersis MoreEach heavy snow event may be not caused by blocking phenomenon, but Occurrence ofpersistent and heavy snow (4 days or more) can be associated with the occurrence of blockingphenomenon. In order to understand and evaluate the effectiveness of the heavy snowfall andpersistent blocking patterns Iran, Daily data of 500 hPa height, For the cold season (Octoberto March); A period of 60 years in a horizontal grid with a spatial resolution 5/2 * 5/2, fromNCEP-NCAR sites, was extracted to 40 degrees west and 100 degrees east longitude and 20to 80 degrees north latitude. In order to extract the blocking event, data Based on quantitativeindex climatology, the name of the two-dimensional detector, in MAT LAB softwareenvironment, were programmed to detect the occurrence. Then all blocking events continuedfor 4 days and further extracted. Due to the volume of data, through principal component andclustering techniques, extracted the prevailing patterns blocking. The dominant patterns ofprecipitation were effective in blocking 4 models on which of these four models, only onemodel is effective on snow and severe persistent. Results showed that the effects onprecipitation patterns, Only Omega blocking pattern, Right trough was recognized as aneffective blocking pattern on snow, because the cold air from above to strengthen widths rainsystem. The results showed if other conditions such as the availability of synoptic Strongpressure level ground, Position of zero degrees C isotherm at 850 hPa and The thickness ofthe layer thickness of 500 to 1000 Maps Leading to heavy snowfall continued to be in thepresence of blocking occurrence. Manuscript profile -
Open Access Article
87 - Good Governance and obligating of human rights contents; Basis of urban sustainable management
دکتر حسن اسماعی لزادهFrom beginning of third millennium, cities of less developed countries have been captive with increasing challenges, like socio- physical infrastructures saturation, expansion of informal settlements, growth of social abnormals, increasing of socio- economical injustice MoreFrom beginning of third millennium, cities of less developed countries have been captive with increasing challenges, like socio- physical infrastructures saturation, expansion of informal settlements, growth of social abnormals, increasing of socio- economical injustice, extension of environmental pollutions, and totally decrease of life quality. Meanwhile, opposite of citizenship identity and assumption of developmental unsustainable patterns because of infirmity or lack of using participatory patterns and good governance systems have reduplicated existent problems. Method: Research method is descriptive- analytical- developmental method, that first concepts and theories are studied, then according to Iranian cities situations, research strategies have been appointed. Results: Good governance includes of rules of power performance and resolve of discords. These rules includes of fundamental laws, common laws, traditions, administrative regulations, international treaties, and etc., that can change type of adjustment and implementation of policies decisions. Urban sustainable management will accomplish via performance of good governance principles and obligating of human rights contents. Manuscript profile -
Open Access Article
88 - Effective Urban Land Management With Systemic Approach to Transfer Of Development Rights (TDR) Based on Globally Enrichments
Najmeh Mozaffaree Pour Samaneh SoltaniBackground and Objective study: Without a comprehensive and holistic approach to defining urban land development and expansion of the city's growth is impossible. It is impossible without the knowledge of the dimensions of urban land. Systematic approach not only helps MoreBackground and Objective study: Without a comprehensive and holistic approach to defining urban land development and expansion of the city's growth is impossible. It is impossible without the knowledge of the dimensions of urban land. Systematic approach not only helps in the analysis of urban land urban land issues, there is a clear and transparent view, but its relationship with other components as well to be determined. The purpose of this study is that in relied on a system approach; the efficiency of transfer development rights (TDR) in the management of urban land is approved. method: Dominant approach to the study "Application" from the analysis of secondary data (documents) with emphasis on system approach has been used. In the research process by providing a framework system approach, the set of data flows generated data and intra- urban land management system that includes land as an input, target, system components, including land use, urban land management, land development, land ownership and land markets, relationships, environments and resources during production and outbound transfer of development rights is explained. Results: The results of the study showed that the evaluation of the success of this method depends on local governments to stand strong supervision and direction landowners welcomed the program and protect the public interest, it is necessary transactions between buyers and sellers in the land market with sweeping control of a public institution be companied. conclusion: the recommendations to successfully and efficiency used in transfer of development rights method are provided. Manuscript profile -
Open Access Article
89 - Investigating the relationship between providing cultural services of Tehran Municipality, District 8, and raising the level of awareness of citizenship rights
Jafar Amirabadi Tahereh HasoumiThe concept of civil rights is necessity of human society and all governments strive to comply with it. One of the most important things that make a country desirable to its citizens is cultural services. In this regard, providing cultural services is one of the ways to MoreThe concept of civil rights is necessity of human society and all governments strive to comply with it. One of the most important things that make a country desirable to its citizens is cultural services. In this regard, providing cultural services is one of the ways to increase citizens' awareness of their citizenship rights. The aim of the present study was to identify the relationship between the provision of cultural services of Tehran District 8 Municipality on raising the level of citizens' awareness of citizenship rights, which in terms of purpose is applied and in terms of information collection is field and survey. The statistical population consists of all citizens and employees of the municipality of District 8 of Tehran active in the cultural services sector. In this study, stratified random sampling method was used. Therefore, the sample size was 388 based on Morgan and Krejcie table. Two standard and researcher-made questionnaires were used to collect the required information. Two methods of descriptive and inferential statistical tests are used by SPSS software. To evaluate the overall status of the research variables from a statistically comprehensive point of view, t-sample test with hypothetical mean is used which showed that there is a significant difference (0.000) with 99% confidence and error level less than 0.001. With the difference of the statistical comprehensive mean is higher than the assumed mean (3). Finally, the results showed that the situation of municipal cultural services in District 8 of Tehran is above average and the situation of citizens' awareness of citizenship rights in the municipality of District 8 of Tehran is at an average level. Also, providing cultural services to Tehran Municipality, District 8, is related to raising the level of awareness of citizenship rights. Manuscript profile -
Open Access Article
90 - Evaluation the Citizens enjoy of Right to the City(Case study: Qazvin city)
fahimeh shokoohfar zohreh Davoudpor Vahid Bigdeli RadIntroduction and Aim: Right to the city is a concept for formulating the principles of right and justice in contemporary cities to challenge the core concepts of citizens' rights, The present study aims to examines the dimensions of right of the city and the extent to w MoreIntroduction and Aim: Right to the city is a concept for formulating the principles of right and justice in contemporary cities to challenge the core concepts of citizens' rights, The present study aims to examines the dimensions of right of the city and the extent to which citizens benefit from it, by regions. Methodology: The sample selection was performed by combining disproportionate cluster sampling and appropriate classification. The desirability of urban spaces is determined using R 3.3.0 software and Kruskal-Wallis test statistical technique in the four statistical areas of Qazvin and the statistical method of sequential regression and taking into account the components affecting the right to the city. Findings: The results show that the right to habitat comfort has the most impact and right of appropriation has the least impact on satisfaction. Results: Therefore, it can be analyzed as follows: Residents of Qazvin are not satisfied with the quality of urban spaces Measuring this level of dissatisfaction and distributing the level of satisfaction in order to prioritize the improvement of spaces in the city is of great importance in order to increase the level of satisfaction with the right to the city. The least impact has been achieved in terms of the right to produce and develop space, which is clearly due to the lack of awareness of citizens about their rights and how to demand it. It can also be concluded that there is a significant difference between satisfaction with the right to the city in different areas. Manuscript profile -
Open Access Article
91 - Studying the impacts of Olympic Games on housing for low-income groups in host cities(Seoul, Beijing, Atlanta, Sydney, Rio de Janeiro)
naeimeh rezaeiThe Olympic Games are considered as a catalyst for development and create benefits for the host cities. However, these games have wide negative effects among which social effects especially in housing sector are notable. The aim of the present study is to evaluate the e MoreThe Olympic Games are considered as a catalyst for development and create benefits for the host cities. However, these games have wide negative effects among which social effects especially in housing sector are notable. The aim of the present study is to evaluate the effects of holding the Olympic Games on housing in the host cities. This study is ''descriptive-analytical'' in terms of nature and method, and the data has been collected through studying documents including books, articles, theses, technical reports, local and international media and social networking sites. Cities of Seoul, Beijing, Atlanta, Sydney and Rio de Janeiro selected as samples and the effects of hosting the Olympic Games on their housing sector is studied. The research findings indicates that the impacts of hosting the Olympic Games on low-income and marginal groups have been always negative. In other words, the enormous costs of development of the host city and its entrance in to the global cities sphere is mainly on the shoulders of these groups. The effects of holding the Olympic Games on housing is usually reflected as displacement and forced eviction of residents. These displacements take place for a variety of reasons including preparing the ground for Olympic-related infrastructures, redevelopment and renovation of urban areas, gentrification and raising the property prices, reducing the supply of affordable housing and also the city clearance of homeless and poor people during holding the games. Although, holding the Olympic Games leads to the physical and economic development of the host cities, but this study shows that promoting the culture of peace and social equality, left unrealized. Manuscript profile -
Open Access Article
92 - Estimating right and left returns to scales in data envelopment analysis: A new approach
M. Khoveyni R. Eslami -
Open Access Article
93 - A Genetic-DEA Approach to Reveal Property Rights Priorities
Mehdi Mehdi Namazi Emran Mohammadi -
Open Access Article
94 - The Comparison of Tasks and Rights of Husbands and Wives in Talmud and Man la yahḍuruhu al-Faqih
عاطفه Abdikhan M J Shams طاهره حاج ابراهیمی مجید Ma'arefHaving the same source and emphasizing the necessity to comply with the religious law, many similarities are found in the two religions, Judaism and Islam. Due to their emphasis on the law, ‎ these two religions are mentioned as task-oriented religions; the obligato MoreHaving the same source and emphasizing the necessity to comply with the religious law, many similarities are found in the two religions, Judaism and Islam. Due to their emphasis on the law, ‎ these two religions are mentioned as task-oriented religions; the obligatory tasks which define the relation between men and God and also the relations of people with each other. The mutual relation between husbands and wives is one of these relations and the religious law was introduced to protect this relation and as a result to establish a peaceful family. According to these religions both husband and wife, are responsible for their family and each of them has her/his own tasks, this division of labour maintains a balance in the family. In this respect, there are many similarities between Judaism and Islam. Emphasizing on Talmud (Instruction, Learning) and Man la yahḍuruhu ‎al-Faqih (For Him not in the Presence of a Jurisprudent), this paper deals with the issue of tasks and rights of husbands and wives in Judaism and Islam. Manuscript profile -
Open Access Article
95 - Examining the Lighting Situation in Reducing Urban Crime with an Emphasis on the CPTED Approach The area of study: Kianpars – Ahvaz
Parviz soleimanimoghadam setare dinyariBackground and Objective: Urban spaces are the environment of human life and its activities. Crimes are committed as a destructive social phenomenon by man in these spaces. Among the major problems in urban spaces that affect the quality of life and the sense of securit MoreBackground and Objective: Urban spaces are the environment of human life and its activities. Crimes are committed as a destructive social phenomenon by man in these spaces. Among the major problems in urban spaces that affect the quality of life and the sense of security of citizens is the occurrence of urban crime, and factors such as urban planning, design, sprawl and social –economics, play an effective role in its occurrence or deterrence. Kianpars neighborhood can always face dangers like urban crime, depending on its location.Method: This article is a descriptive-analytic one. In the descriptive section, statistics and information extracted from the Statistical Yearbook, the supreme court of the Khuzestan and police department of the study area were used. Finally, for analyzing the data, GIS and SPSS softwares have been used to analyze the relationship between the two factors of crime incidence and brightness levels Within the Kianpars area.Findings: Investigations show that criminals act reasonably well in choosing the time and place of the crime and select the most appropriate and least risky locations and areas that are poorly lit for criminal activity and there is an inverse relationship between crime and light.Discussion and Conclusion: Overall results show that out of 275 crimes in public and private spaces, 200 cases occurred in the optical range No.1 with the least amount of light and 19 cases occurred in the optical range No.4 with the highest brightness, indicating a significant and inverse relationship between the amount of light and the crime number, as well as studies show that poor lighting in Kianpars has led to a decrease in security and incidence of some urban crime, and overall the lighting system in the study area has been assessed as inefficient and inconsistent with the CPTED principles. Manuscript profile -
Open Access Article
96 - 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
97 - Critical Notes on Environmental Justice and Sustainable Development
Payman Namamian sobhan tayebiThe international community is increasingly facing environmental problems such as deforestation, global warming, environmental pollution, species extinction and desertification, and more. The development of human society over the centuries has been such that it cannot r MoreThe international community is increasingly facing environmental problems such as deforestation, global warming, environmental pollution, species extinction and desertification, and more. The development of human society over the centuries has been such that it cannot rely solely on the environment. In this regard, economic, scientific and technological development is formed in space and time. In the course of this development, according to human concerns, sustainability is an issue that guarantees the rights of future generations. Although the frameworks of solidarity law have also taken great strides in this direction, the appropriate conditions have not been sufficient in any way. Hence, the spatial and temporal nature of human development has raised concerns about human rights and the environment. Using conceptual analysis, this article critically examines the concepts of environmental justice and sustainable development and proves that development is meaningful in terms of issues such as respect for the environment and respect for human rights against the environment. This article concludes that global happiness and prosperity can only be achieved in an atmosphere of understanding between nations on the basis that the protection of the environment and its sustainability is a matter of respect for environmental rights. Therefore, one of the suggestions of this article is to establish efforts related to sustainable development based on environmental justice. Manuscript profile -
Open Access Article
98 - Analysis of the Role of the Upper Documents and Laws of Development Programs of the Islamic Republic of Iran in Protecting of Environment
Zeinab Esmati tahmineh edalatjuLegal protection of the right to the environment is a tool to achieve environmental protection. The right to a healthy environment is widely recognized in the constitutions of developing countries. However, the non-compliance of upstream documents such as the constituti MoreLegal protection of the right to the environment is a tool to achieve environmental protection. The right to a healthy environment is widely recognized in the constitutions of developing countries. However, the non-compliance of upstream documents such as the constitution, general policies of the system and development programs, and the lack of integration of these laws in compliance with the environment are among the challenges in this area. In the constitution, in principle 50, environmental issues are emphasized and a roadmap is drafted. In this principle, environmental protection is considered a public duty. The issue of environment has been considered by planners and politicians in various development programs. Knowing how much of a program's tasks have been accomplished can lead us to better planning in the future. In this article, it was tried to extract the provisions related to the field of environment from the development programs and to examine the actions taken in that field. The results of the research show that in the development programs in the field of environment, either some of the programs were not implemented at all or if they were implemented, they were very incomplete, so they did not have the necessary efficiency. There are challenges in the field of environment that should be looked at critically in order to reduce the problems of this sector in addition to solving the challenges. The legal system of the Islamic Republic of Iran is based both in thought and in practice on the implicit acceptance of human rights to a healthy environment, but in order for this recognition and foundation to enjoy full practical benefits, various governmental institutions, including legislative, executive and judicial, must They are working to improve the current situation. Manuscript profile -
Open Access Article
99 - 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 -
Open Access Article
100 - The Role of Legal and Criminal Safeguards in Supporting Private Urban Green Space
shirin shirazian mohammad shahpariThe context and purpose of laws and regulations has always been one of the most important and effective tools of governments to preserve the fundamental values of society; Thus, since the 1972 Stockholm Conference, environmental values have been defined as one of th MoreThe context and purpose of laws and regulations has always been one of the most important and effective tools of governments to preserve the fundamental values of society; Thus, since the 1972 Stockholm Conference, environmental values have been defined as one of the fundamental values of human society. All countries are required to develop safeguards to protect the environment. One of the important components of the environment is vegetation, which is known in cities as urban green space. In Iran, several environmental laws have been developed at various levels, including legal, criminal, administrative and regulations. Therefore, laws and regulations are set and developed as tools of urban decision-making structure in order to protect and preserve these spaces in order to achieve the goals of urban sustainability and environmental justice.The research method in this article is descriptive-analytical which has been tried to collect laws, regulations related to the preservation and development of urban green space and also to identify challenges, gaps and shortcomings in the implementation and legal maintenance and development of urban green spaces and its privacy, take action. One of the most important laws in the field of urban green space is the bill on protection and expansion of green space in cities (approved in 1980) and the law amending the law on protection and expansion of green space in cities (approved in 2009). In order to preserve and develop urban green spaces, these laws have resorted to some legal and more criminal enforcement guarantees.The results of this study indicate that the laws and regulations related to green space in Iran are old and have many gaps and criticisms and in some cases it seems that it cannot meet the support needs as well as the development and maintenance of urban green space. Manuscript profile -
Open Access Article
101 - Protecting the rights of urban animals by following the example of leading countries
nafise maktabi sepanta mojtahedzade Shima Arab AsadiAnimals that live near humans and in urban areas are often killed by disease and car accidents and are harassed and abused. These animals have a very low level of well-being. Human concerns about the transmission of diseases, especially rabies and bites, and the high re MoreAnimals that live near humans and in urban areas are often killed by disease and car accidents and are harassed and abused. These animals have a very low level of well-being. Human concerns about the transmission of diseases, especially rabies and bites, and the high reproductive capacity of these animals have led humans to take control of urban animals. This study seeks to answer the question of what Iran has done to control the population of urban animals while protecting their rights and whether it has been successful in this regard. This study seeks to answer the question of what Iran has done to control the population of urban animals while protecting their rights and whether it has been successful in this regard. Manuscript profile -
Open Access Article
102 - Surveying Methods of Environmental Protection in Urban Development Plans Using Transfer Development Right
Mojtaba Rafieian Zahra Alsadat ArdestaniBackground and Objective: Since the adoption of the Rio Declaration in 1992 the concept of using a collaborative approach in various fields of development and environmental protection is accepted at the international level. This declaration announces collaborative appro MoreBackground and Objective: Since the adoption of the Rio Declaration in 1992 the concept of using a collaborative approach in various fields of development and environmental protection is accepted at the international level. This declaration announces collaborative approach as an important factor in environmental management and making decision in sustainable development. It makes authorities to apply this approach as much as possible. Method: According to academic and international references and citing the ongoing projects in the world in this field, the intervention mechanisms will be identified and checked. Also the method of applying methods, components and indexes in this approach will be expressed. Findings: The increasing rate of development programs lead to the environmental, economic and social warnings. In response to issues and crises from them, concepts and approaches were proposed which one of them was transfer development right. Discussion and conclusion: This approach makes the owners voluntarily participate in the preservation lands programs and therefore government shouldn’t pay any money for those programs. This research is tried to explain transfer development right approach and its goals and mechanisms. Manuscript profile -
Open Access Article
103 - Formation and Development of "Future Generation Rights" Concept in International Environmental Law
Seyed Abbas Poorhashemi Farhad Dabiri Yalda Khalatbari Sahar ZareiIrregular utilization as well as environmental damages by mankind caused concerns for future generation. Identifying the rights of future generation is an important step to achieve to sustainable development. In this regard, conservation of environment, reasonable and f MoreIrregular utilization as well as environmental damages by mankind caused concerns for future generation. Identifying the rights of future generation is an important step to achieve to sustainable development. In this regard, conservation of environment, reasonable and fair utilization of sources to reach to a distinct future that ensures the rights of future generation are supposed as the duty of international community. So, the concept of "future generation rights" that firstly entered to international arena after ratification of United Nations charter 1945 and then developed by Stockholm declaration (1972) in international environmental law. Nevertheless, the concept of "future generation rights" as a moral and normalized principle is faced with many ambiguities. In the first chapter, legal ambiguities of this concept from different aspects regarding international law are examined. In the second chapter, in order to study legal basis of this concept in international environmental law, its status in binding and non-binding law is observed .in Chapter three we try to have a look at implementation of this concept in international environmental law. At the end, in fourth chapter collecting data, conclusion and suggestions are performed to attain a better realization of this concept implementation in international environmental law. Manuscript profile -
Open Access Article
104 - Civil-legal consideration of circumstances for exerting citizenship rights on the environment
Maryam Pir Nasser GhasemyAccording to the Iranian law, citizenship right is a privilege given to the country’s members within its borders. However, from an environmental point of view, such privilege cannot be confined to borders because environment goes beyond the countries’ border MoreAccording to the Iranian law, citizenship right is a privilege given to the country’s members within its borders. However, from an environmental point of view, such privilege cannot be confined to borders because environment goes beyond the countries’ borderlines. A person who is the agent of pollution is considered as one who is against the environmental laws. Therefore, there should be special courts in the field of environment to act as an obstacle to such offences. The review of 168 files at two branches of the environment’s special court revealed that 10 percent of them ended in a guilt dictum and 90 percent in a forbiddance dictum (out of 4 final dictums). As it can be seen, the percentage of forbiddance dictum is so high. On the one hand, it indicates that few crimes have been committed and on the other hand it shows that we just witness the damages inflicted upon the environment and do nothing. The important thing which should not be forgotten is that the prevention of environmental damages is much less costly than restoring it. Therefore, citizens should cooperate with the government and the government should train the citizens (because it is people’s right to know). When people understand the situation, they will think about it and try to solve the problems themselves. Manuscript profile -
Open Access Article
105 - Analyzing the Impacts of Climate Change on Human Rights
Behnoush Khoshmanesh zadeh Abbas Poorhashemi Mohammad Soltanieh Davoud Hermidas Bavanddramatic effect on poor and it has marginalized people all over the world, reinforcing existing vulnerabilities and deepening inequalities. The populations, whose rights are poorly protected, are likely to be less equipped to adapt to climate change effects. Climate cha Moredramatic effect on poor and it has marginalized people all over the world, reinforcing existing vulnerabilities and deepening inequalities. The populations, whose rights are poorly protected, are likely to be less equipped to adapt to climate change effects. Climate change and human rights are further intertwined because of the potential climate change and it exacerbates existing threats to International human right laws. Also it is well placed to address that challenge and highlights some of the human and equity dimensions of climate change. The introduction provides an overview of human rights concerns raised by climate change. Material and Methods: Method is aLegal analysis and descriptive manner. Many of the content of the documents describe the content of human rights and the UN Security Council. Results and Discussion: This Paper lays out some of the legal questions that are implicated in the emerging debate on climate change and human rights and suggests ways which international human right laws could be approached in order to promote clarity in the discourse of human rights and climate change. In this work some strategies have been proposed for dealing with these existing gaps. It is expected that analyzing these gaps and determining the international community duties and commitments (governments and international organizations) can result an efficient management of this crisis and prevent the outbreak of chaos across the globe Manuscript profile -
Open Access Article
106 - The Role of corporate governance culture and Investor Rights In corporate Health
vahid JAFARI asgar pakmaram Heydar Mohammadzadeh SaltehCorporate health is a topic that is related to the continuity of activity, bankruptcy and financial helplessness. Therefore, the purpose of this study is the effect of corporate governance structures and shareholder rights on the health of companies in the Iranian capit MoreCorporate health is a topic that is related to the continuity of activity, bankruptcy and financial helplessness. Therefore, the purpose of this study is the effect of corporate governance structures and shareholder rights on the health of companies in the Iranian capital market. To measure the health of companies, the company's resilience index has been used. The present study is applied in terms of purpose and in terms of data collection methods, is a descriptive-analytical survey based on the structural modeling approach. The statistical population of the study is the managers and financial experts of the companies surveyed and a standard questionnaire was used to collect data. In this study, the causal relationship between (structures of corporate governance culture) and corporate health was predicted. The results showed that among the constructs of corporate governance culture, the effectiveness of internal controls, board of directors, service compensation committee and disclosure and transparency have a significant impact on company health. Therefore, the existence of an audit committee, the existence of a risk management committee and the protection of shareholders' rights do not have a significant impact on the health of companies. Hence, the effectiveness of internal controls, the board of directors, the service compensation committee, and disclosure and transparency can enhance the health of companies Manuscript profile -
Open Access Article
107 - Measurment of stock liquidity criteria surrounding capital raising decisions
Ebrahim Abbasi Alireza RajabpourThis study investigates the explaining ability of the stock liquidity criteria before and after capital raising decisions by using stock rights and stock dividends.For this purpose liquidity criteria including trading volumes, trading value, number of trading days, trad MoreThis study investigates the explaining ability of the stock liquidity criteria before and after capital raising decisions by using stock rights and stock dividends.For this purpose liquidity criteria including trading volumes, trading value, number of trading days, trading frequency and the number of buyers are investigated.This study includes are month before closing the symbol and one month after opening the symbol following extra ordinary assemblies on stock right and stock dividends issue.This paper investigates 215 capital raising cases during 2005-2010 years in Tehran stock exchange. The results of the pairs t-test demonstrated that the mean liquidity criteria after capital raising in comparasion with before that doesen’t have any significant differences. But there is significant and positive correlation between percent of capital raising with liquidity criteria. Manuscript profile -
Open Access Article
108 - Survey of the effects fundamental variables on stock price
Farhad Hanifi Mirfeyz Fallah Shams Leyla AbolfazliForecasting stock price and adopting proper strategy for stocks dealing are subject to many research works. Fundamental analysis is one of the interesting points in this regard. The present work surveys to what extent the fundamental variables represents the stock statu MoreForecasting stock price and adopting proper strategy for stocks dealing are subject to many research works. Fundamental analysis is one of the interesting points in this regard. The present work surveys to what extent the fundamental variables represents the stock status. The period under study was from 2006 to 2010 and 51 companies in the stock market were under consideration. The data were studied on the weekly and monthly bases. Panel data method was used to study the relation between the variables in the study. Except for stockholder rights turnover, the results showed a positive significant relation between the fundamental variables under consideration including profit per share, predicted profit per share, and book value on one hand and stock price on the other hand. That is, the majority of the variables represent price of stocks for more than 90%. Moreover, the regression model obtained from the annual fundamental variables illustrated higher representation power comparing with seasonal data, which shows merits of longer-term perspective. Manuscript profile -
Open Access Article
109 - The role of guarantee of legal and criminal executions in protecting consumer rights in genetically modified products
elahe soleimani Shirin Shirazian Maryam afshariConsidering the unknown long-term effects of genetically modified products and the complexities of proving guilt and the relationship between the consumption of these products and their effects on humans and the environment, it is necessary to formulate a special legal MoreConsidering the unknown long-term effects of genetically modified products and the complexities of proving guilt and the relationship between the consumption of these products and their effects on humans and the environment, it is necessary to formulate a special legal system based on the approval of a law specific to these organisms.In this article, using library sources and analytical-comparative method, first of all, the concepts and generalities related to genetically modified products and the difference between the guarantee of executions in the legal system of Iran and the European Union are discussed, the existing challenges and finally the solutions to solve them. These challenges have also been explainedIran's biosafety law, unlike the European Union regulations, does not clarify the compensation system and the method of compensation, and for this reason, it cannot be expected that consumer rights will be properly protected.The biosafety law regarding the rights of consumers of transgenic products has shortcomings and loopholes, which due to the rapid developments in the field of biotechnology, especially the production of more transgenic products and their commercialization, doubles the necessity of its amendment. Manuscript profile -
Open Access Article
110 - 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
111 - Environmental Rights from the Perspective of Islam with the Method of Discursive Institutionalism
Ebrahim YaghoutiEnvironmental legal discourses discuss the legal relationship between humans, the environment, and existing social powers. Islam's attention to all areas of human life, especially the environment, can provide the basis for the development of environmental rights, especi MoreEnvironmental legal discourses discuss the legal relationship between humans, the environment, and existing social powers. Islam's attention to all areas of human life, especially the environment, can provide the basis for the development of environmental rights, especially in response to environmental crises. In this research, the new approach of discursive institutionalism has been used to study environmental rights from the perspective of Islam. In it, the discourse theory of Lacla and Moufe is integrated with institutionalism and based on the dialectical relationship of discourses as macro-level mentalities with the objective realities of society (institutions involved in the environment. In the structure of Islamic legal discourse about the environment around the central sign of "God-centered approach to the environment", a semantic system consisting of the main signifiers of "mutual relationship between man and the environment", "legal rules supporting the environment", "jurisprudential institutions including considerations Environment" and "Environmental rules and lifestyle of Islam" have been formed. This discourse has the ability to be realized and implemented in the context of institutional arrangements including enfal, commonalities, accounting and ownership. The discursive institutionalism approach, by providing a context for the development of Islamic environmental rights, can inspire the formulation of laws and the way of implementing environmental laws. Undoubtedly, the hegemony of the Islamic legal discourse on the environment will bring many fruits in the protection and protection of the environment. Manuscript profile -
Open Access Article
112 - The Human Rights-oriented Approach to Development, Providing the Connection Between the Right to Development and the Sustainable Development
seyed ghasem zamani keivan eghbaliThe right to development and the sustainable development are appropriate responds to adverse consequences of classic approach to development and in each of them, there is a try to look at development from a specific perspective with a goal of finding a appropriat respon MoreThe right to development and the sustainable development are appropriate responds to adverse consequences of classic approach to development and in each of them, there is a try to look at development from a specific perspective with a goal of finding a appropriat respond to its adverse consequences. It seems that the adoption of a human rights oriented approach in advancing of development process, is a context in which the consideration of both concepts can be well realized. In the framework of this approach and as result of adverse effects of failure to comply with environmental considerations of the sustainable development on realization of the human rights in development policies, Paying attention to these considerations will be among the priorities of any development program. The important point here is that guarantee of human rights is also considered as an main goal in the framework of the right to development, and therefore any success in guaranteeing human rights in development process through environmental considerations, can also contribute to the realization of this right. Also, the pursuit of human rights-oriented development in the context of the realization of the right to development, is an effective step in forcing states to comply with environmental considerations and, consequently, to ensure the path to sustainable development. the inclusion of human rights considered in the right to development, in the binding international treaties such as the Covenant on Political and Civil Rights and the Covenant on Economic, Social and Cultural Rights, is a context in which any commitment of states to comply with environmental considerations of sustainable development can be considered as an binding obligation, due to the positive impact of these considerations on realization of above-mentioned human rights cases. Manuscript profile -
Open Access Article
113 - Mechanisms of Intellectual Property Rights in Protecting the Environment and Biodiversity of Plant Genetic Resources
Fatemeh Alizade Mohammad-Reza Parvin parvin farshchiThe identification of the intellectual property rights system is the basis for legal protection of achievements made with the aim of protecting biodiversity, sustainable development, traditional knowledge related to genetic resources, digital sequence information, etc. MoreThe identification of the intellectual property rights system is the basis for legal protection of achievements made with the aim of protecting biodiversity, sustainable development, traditional knowledge related to genetic resources, digital sequence information, etc. The effort to create a common understanding between the legal and technical fields surrounding the issue of plant genetic resources is analyzed in this research. The present research is written based on library studies and descriptive and analytical method based on review findings. Examining the legal mechanisms provided by the intellectual property rights system in the form of environmental goals shows the effective components in the protection mechanisms of intellectual property rights in order to recognize the economic value of plant genetic resources and legal protection of indigenous communities.Traditional knowledge in order to maintain biodiversity and public order and good ethics as an environmental requirement can be effective in sustainable development with the aim of protecting biodiversity. The results of the research show that geographical indications as a system to protect the traditional knowledge of indigenous communities and biodiversity and the patent system as a suitable support system to support genetically manipulated genetic resources due to the provision of components and ethical considerations. The environment and the protection system for plant varieties as a special support system for plant breeders in order to create new plant varieties with the aim of sustainable development of plant genetic resources can be among the main mechanisms of intellectual property rights in order to protect the environment and sustainable use of genetic resources. Manuscript profile -
Open Access Article
114 - Comparative Study on Visage of Woman in Nezami and Sa’adi’s Poetries
Khadijeh Mortezaei Ahmad Hasani RanjbarThe present article studies and compares the image of woman in two great poets - Nezami and Saadi – poetries from the critiqual perspective of woman image. These views are prominent on praise and guilt about women. The research tries to find the true image of wome MoreThe present article studies and compares the image of woman in two great poets - Nezami and Saadi – poetries from the critiqual perspective of woman image. These views are prominent on praise and guilt about women. The research tries to find the true image of women in that period by studying the attributes of women in the poems of the abovementioned poets and to objectify their true views about women by referring to some of the poems, and show that in many cases not only the influence of social conditions makes the writer or poet look patriarchal, but rather the individuals, family, environment and traditional beliefs. The article initially studies the positive points and then the negative aspects of women. Criticizing the character of women in Nezami and Sa’adi's works, it can be claimed that the main characters of women include Mahin Banu, Shirin, Maryam, Shekar, Noshabeh Bardei and Maria Al-Qibtiyya, no specific woman is mentioned in Saadi's works. Manuscript profile -
Open Access Article
115 - An analytical Survey of the Work of Akbar Radi and Xaver Kroetz
Masoud Salami Leila PiedadThe Theatre (Identity) is one of the dramatic Genre, witch in Iran is with the Name of Radi very remarkable and in Germany with its modern Shape in 20 Century has the Pioneer of Horvath, Fleisser, Fassbinder, and Kroetz in their History. This Theatre in its moder MoreThe Theatre (Identity) is one of the dramatic Genre, witch in Iran is with the Name of Radi very remarkable and in Germany with its modern Shape in 20 Century has the Pioneer of Horvath, Fleisser, Fassbinder, and Kroetz in their History. This Theatre in its modern Shape is critical- social. It is for the People and about the People and it refers to the peoples Life and the Underdog, the Workers and Vilage People and the People , who are working in the Vilages and the Suburbs and their real Life with the Good and the bad can be shown. This Article tries to show this Reality with the Comparison of both Theatre “ Death in the Fall” the iranian Dramatist Akbar Radi and “Upper Austria” the German Dramatist Franz Xaver Kroetz. The two Dramatists have chosen this Genre to show the Life of ordinary People in their Society and they tried to clear and remarkable this reality for their audience. Manuscript profile -
Open Access Article
116 - Comparative Study on Manifestation of Love in Rumi & Ibn Farid's Poetries
Morteza Kazem Shiroudi Seyyed Ibrahim Dibaji Gholam Abbas RezaeiRumi and Ibn Farid – two great poets and mystics of seventh century – believe that the eternal life means perdition in love and the highest status of honor is the degree of survival after extinction; since love is one of the divine attributes and t MoreRumi and Ibn Farid – two great poets and mystics of seventh century – believe that the eternal life means perdition in love and the highest status of honor is the degree of survival after extinction; since love is one of the divine attributes and the commencement of human creation and is in all bits of the universe.This love actually implies "absolute existence" and whenever the veil is removed and the only essence is manifested in him, any description is his description and any shape and form will be loved by him. Because the way of the unity requires the unity of the heart and wherever unity prevails there will be no meaning for any other sense. Rumi has made love his as his method of behavior, as Ibn Farid has put it at the heart of his work, step by step by mystical authorities. Love is the light of life in which all desires lie. And releases wayfarer from all shackles and make them mortal in this path. Manuscript profile -
Open Access Article
117 - A Comparative Study of Patriotism in the Poems of Iqbal Lahouri and Khalil Mataran
Safiollah Kord Abdulmalek KordIqbal Lahouri and Khalil Mataran are from Pakistan and Lebanon. These two poets have written poems about patriotism that call people away from boundless patriotism but also to unity and solidarity under one flag to get rid of oppression and to help all of them. In this MoreIqbal Lahouri and Khalil Mataran are from Pakistan and Lebanon. These two poets have written poems about patriotism that call people away from boundless patriotism but also to unity and solidarity under one flag to get rid of oppression and to help all of them. In this analytical-descriptive study, by examining the divan of two poets, we want to reach an agreement between these two poets. Iqbal says that if all people turn to a beloved Hejazi and follow him, love for the homeland will not only lead to the place where people live and will turn into love in a large society that includes all Muslims. This study has tried to help people in understanding the content mentioned by the poets by collecting and integrating the content so that the mission of the poets can be done well and also the people of community can use it. Manuscript profile -
Open Access Article
118 - Civil Responsibility from Enforcement of Rights in Iranian Law and Imami jurisprudence by a Glance at Qur'anic Doctrines
Ali Azadi Ali Abbas Hayati Mohammad MalekiyanAccording to the rules of civil responsibility, anyone who harms another, must be able to compensate. But if someone harms another along with administrating justice, is also responsible for the loss? In Islamic jurisprudence, the mentioned issue has been studied under t MoreAccording to the rules of civil responsibility, anyone who harms another, must be able to compensate. But if someone harms another along with administrating justice, is also responsible for the loss? In Islamic jurisprudence, the mentioned issue has been studied under the title of conflict between the no-harm rule and the domination rule and to sum up the theory has been strengthened that the no-harm rule governs the domination rule. In the case rights, the legislature has stated this in Article 40 of the Constitution and Article 132 of the Civil Code; by analyzing law principles it is concluded that if someone takes possession of his right that causes another one trouble and hardship, he is responsible, he would be prohibited of his possession if these seizures are not necessary for him legally. Manuscript profile -
Open Access Article
119 - The Qur'an's view on taqiyyah and limiting corporal punishment by looking at narrations and hadiths
Fazlullah ranjbar kazem Ghazizadeh Mohammad Kazem Rahman SetayeshThe use of corporal punishment, such as stoning, flogging, amputation and execution, is considered contrary to the human rights obligations of the Islamic Republic of Iran and has provoked domestic and international reactions.One of the controversial issues in scientifi MoreThe use of corporal punishment, such as stoning, flogging, amputation and execution, is considered contrary to the human rights obligations of the Islamic Republic of Iran and has provoked domestic and international reactions.One of the controversial issues in scientific circles, which has also become a place of inquiry from the great authorities of imitation, is whether, despite the provision of corporal punishment, it is legally possible that according to the jurisprudential rule of "taqiyyah" at certain times Granted corporal punishment?The result of this research, which has been written in a descriptive-analytical method, indicates that according to the explicit and implicit meaning of Quranic verses and authentic narrations, taqiyyah is a jurisprudential rule. According to this rule, corporal punishment can be temporarily modified, changed or abolished if the integrity of the Islamic system and government is endangered. The purpose of taqiyyah is not always to save lives, to avoid danger and harm, but it can be considered the more important purpose of preserving religion and preventing its decline. Manuscript profile -
Open Access Article
120 - 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
121 - Quranic study and narration on the legitimacy of for-profit rights: life, competitive and residential right
Amir AhmadiIn human livelihood, there is an important right called for-profit right, which the legislator has stated in the civil law and jurists of its rules and effects. In this research, it has been tried to express the reasons for the legitimacy of for-profit rights, including MoreIn human livelihood, there is an important right called for-profit right, which the legislator has stated in the civil law and jurists of its rules and effects. In this research, it has been tried to express the reasons for the legitimacy of for-profit rights, including the life, competitive and residential right, according to Quranic and narration studies. But what is generally about the act of charities in the way of God can be one of the proofs of the legitimacy of these for-profit rights, of which verses have been mentioned. Also, in this research, other reasons such as narrative reasons, the actions of the companions of the Prophet (PBUH) and the basis of reason have been discussed as "as a source of legitimacy of for-profit rights". The purpose of this study is to investigate the legitimacy of for-profit right according to Islamic jurisprudential sources. Therefore, according to the emergence of new and emerging examples in this matter, the great Islamic jurists and Islamic jurists have a certain criterion for determining the types and rules of for-profit right. Manuscript profile -
Open Access Article
122 - A study of the various sayings of Islamic commentators and thinkers about verse 3 of Surah Nisa in the Qur'an
ali matouri Mohammad Javad Sami Alireza KhanshaSome Islamic thinkers consider the existence of polygamy laws in Islamic jurisprudence as the reason for the absolute permission of polygamy in Islamic law, but as we have said, Islam is a comprehensive religion of conditions and has a law for all different situations ( MoreSome Islamic thinkers consider the existence of polygamy laws in Islamic jurisprudence as the reason for the absolute permission of polygamy in Islamic law, but as we have said, Islam is a comprehensive religion of conditions and has a law for all different situations (normal and urgency, etc.). Most of the later scholars and most of the current authorities have also issued fatwas on the non-acceptance and permissibility of polygamy and some have even emphasized its abomination due to the harms caused by it. Also, the Islamic government can impose restrictions and conditions or restrictions in this regard based on social interests as a secondary rule, as seen in the civil law of the Iranian family and some countries. In this study, the library method has been compared and applied by inferential analytical method between different points of view and the results show that the permissibility of polygamy in Islam depends on special social conditions and that Islam did not invent the law of polygamy but limited it and signed a treaty, the head of which is justice. Manuscript profile -
Open Access Article
123 - Consideration in the verses of the righteous and the righteous in interpretation
Rahman Hamdi Dorbash Mohammad Hosein Saeeni Hossein MoradiThe aim of research is to reflect on the verses of righteous and the Righteous in the interpretations. The word "Righteous "is general one. However, one is an inner belief and the other is a desire to do good deeds, which has dozens and hundreds of cases. This title fin MoreThe aim of research is to reflect on the verses of righteous and the Righteous in the interpretations. The word "Righteous "is general one. However, one is an inner belief and the other is a desire to do good deeds, which has dozens and hundreds of cases. This title finds an example, which is its most important indicator. Like commanding and acting in a good way, which is obligatory. This action is considered earlier than a recommended action. The attributes of the righteous are the attributes of divine prophets, and the righteous are the divine prophets. Because the prophets by fighting against paganism and idolatry and preaching God's theism, by continuing to remember God's endless blessings, by adhering to the religion of Islam and obeying the Almighty God, by being grateful to God's blessings, by revelation to worship, by worshiping the Almighty God, by saying prayers and giving Alms, by blessing of pure vows of the Almighty God, by following the covenant, covenant and agreement, They have been guided and chosen by the Almighty God. Manuscript profile -
Open Access Article
124 - A Comparative Study of Women's Rights in Divine Religions
Vali Allah Safari Mohammad Reza Ayati Asghar ArabianA Comparative Study of Women's Rights in Divine ReligionsAbstractWomen's rights and their positions in the divine religions, especially in their books, have always been disputed and faced with different comments. A descriptive-analytical study of the contents of divine MoreA Comparative Study of Women's Rights in Divine ReligionsAbstractWomen's rights and their positions in the divine religions, especially in their books, have always been disputed and faced with different comments. A descriptive-analytical study of the contents of divine books shows that, for example, in psalms one can’t find especial regulations in this regard. Although, in the old testament, the creation of woman follows the creation of man, but, in the new testament, this point of view has been turned into a more modified form. Quran, in general, considered the creation of the two coming from a single spirit. Quran and the old testament both assign divorce and polygamy rights to men. While, the rights of social, religious, and political activities for women are in common between Quran and the new testament. Also, the prohibition of having an instrumental look towards women is the most important common point in the three abovementioned divine religious books.Keywords: Bible, Torah, Women's Rights, the Old Testament, the New Testament, Quran. Manuscript profile -
Open Access Article
125 - A comparative study of the International Declaration of Human Rights with Quranic teachings
moein sabahi goraghani Hamidreza DejanThe Universal Charter of Human Rights, which was compiled with the motivation of the rule of justice and world peace and was effective creating peace and security, is based on certain principlespresent research, while examining materials and contents declaration and its MoreThe Universal Charter of Human Rights, which was compiled with the motivation of the rule of justice and world peace and was effective creating peace and security, is based on certain principlespresent research, while examining materials and contents declaration and its adaptation to the perspective of the Holy Quran, in terms theorizing, applying and implementing, it should be examined by referring verses and traditions and authentic religious and legal books. The axis determining the most important principles of human rights and freedoms, including the principle of freedom, the principle equality, which is included the declaration of human rights and is apparently ine with the teachings of the Islamic religion, but does not have sufficient validity. Despite the universality of the Declaration of Human Rights, it has so far provoked many challenges among some nations of the world, including Muslim countries, which ignore the main basis of human rights in Islam, which isoneness of God and the reliance human reason and the axis Being human has been involved in compiling this declaration. The general result this research was examine common points and points difference between the articles Declaration of Human Rights and the views of the Holy Qur'an in terms of content and theme following areas, such as; Human dignity, foundations, views, types of freedoms, property, differences implementation, inherent equality and the principle of equality, right life and security in personal life, differences type of attitude towards humans, neglecting the relationship between humans and God, solving challenges and shortcomings Human rights. Manuscript profile -
Open Access Article
126 - Feminism; Positive or negative principles in the Holy Quran
Mohammad Ali Razeghi Morteza Barati Davood Dadashi NejadFeminism is a movement against the maximum domination of men in society. Women's rights activists (feminists) believe that gender in human life should not be a determining factor for their social, political and economic status, because they believe that men and women sh MoreFeminism is a movement against the maximum domination of men in society. Women's rights activists (feminists) believe that gender in human life should not be a determining factor for their social, political and economic status, because they believe that men and women should have equal rights in various fields and believe in gender equality. This study seeks to find the extent to which the Holy Qur'an and Islamic beliefs believe in the beliefs of feminism. In Islamic teachings, we see that the religion of Islam has infinitely valued the status of women, but this does not mean the absolute acceptance of equality and the ideas of feminism. The author in this article after bringing Islamic principles related to women's rights and its critique and study concludes that Islam seeks "deserving justice" instead of the "equality" that forms the basis of feminist thought, in order to teach her the fundamental duties of a woman and believes that; Achieving this justice leads to the happiness of the family and ultimately society. Manuscript profile -
Open Access Article
127 - Good deed and Good word from the viewpoint of Islam and Zoroastrianism
Soosan Rasool Fatemeh Shirzad Rad JalaliThe right dogmas that the exalted God claimed from us and that He has known as the requisite to reach human’s beau ideal and beatification include all of the dogmas that are propounded in the conceptual system of Islam. These dogmas that aren’ MoreThe right dogmas that the exalted God claimed from us and that He has known as the requisite to reach human’s beau ideal and beatification include all of the dogmas that are propounded in the conceptual system of Islam. These dogmas that aren’t actually anything but the sacred word of monotheismand to act and to persevere on its base, form the main foundation of the monotheistic religions of the world. The Holy Quran reminds both conceptions of faith and good action and emphasizes on their concomitance and believes that man’s acts are a reflection of his thoughts and opinions.ZOROASTRIANISM as one of the monotheistic religions of the world has much in common with the othermonotheistic religions specially Islam, therefore, monotheism is considered as all itslegitimacy. The prophet of ancient Iran considers thegood reflection as the base of everygood act and word. Manuscript profile -
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128 - The Rights and Responsibilities of Women as Wives and Mothers from Quran's View
Reza Dehghan Nezhad Hossein Bostan(Najafi)The present paper studies the types of family rights and duties which relates partnership and maternal role of women by applying Shia interpreters' ideas and by subjective approach and analyzing the concepts of Quran Verses. The findings show that Holy Quran knows some MoreThe present paper studies the types of family rights and duties which relates partnership and maternal role of women by applying Shia interpreters' ideas and by subjective approach and analyzing the concepts of Quran Verses. The findings show that Holy Quran knows some rights as the most important rights of all women such as dowry, alimony and divorce and assigns some duties for them in return such as emotional support, obey, custody of her family and husband. Some other duties are also assigned to her as mother and wife such as obedience (of husband), respect, feeding the children, educating them, protecting and supervision their behaviors. Manuscript profile -
Open Access Article
129 - CIVIL WOMEN’S RIGHTS FROM THE PERSPECTIVE OF JURISPRUDENCE AND LEGISLATION
Foroozan Alaie Novin Zeynab Esmaiel PourCitizenship rights is one of the important subjects of interest to different law schools,and ensuring that the rights of citizens possibly placed on government abuses is enjoying the special sensitivity. In some cases,the other discriminatory laws have been im MoreCitizenship rights is one of the important subjects of interest to different law schools,and ensuring that the rights of citizens possibly placed on government abuses is enjoying the special sensitivity. In some cases,the other discriminatory laws have been imposed and considered by governments regarding the sex ratio of their citizen;inevitability human conscience cannot be indifferent about them. In this article,women civil rights has been studied from the perspective of constitution and international conventions and quran. However,rejecting the discrimination and establish equal rights have been granted in all of these treaty. Nevertheless,the basic from of wrongful is the concept of discrimination in this convention. From the point of convention writers equity in rights is similarity,which in the nature of these belief,it is not true. Whereas,the equality means equality and uniformity is the monotonous.Discrimination between men and women is rejected and denied in islam and islam accepts the equality. Manuscript profile -
Open Access Article
130 - Physical Punishments in Islam Regarding Quranic Doctrines and Challenges of Humanistic Rights
Mahdi Salehi Mohammad Jafari HarandiInternational system of human right has attempted to ban physical punishment thanks to the documents relating torture prohibition and other punishments or inhuman, humiliating and oppressive behaviors. This article tries to clarify the oppositions and offer solutions. T MoreInternational system of human right has attempted to ban physical punishment thanks to the documents relating torture prohibition and other punishments or inhuman, humiliating and oppressive behaviors. This article tries to clarify the oppositions and offer solutions. Therefore it initially expresses the existing challenge comparatively; consequently physical punishment in Islam and challenges of human rights. In order to solve the problem, author tries to answer the mentioned issue in details and by answering minor questions focusing mentioned assumptions. The method is comparative, descriptive and analytical according to the issue’s nature. Manuscript profile -
Open Access Article
131 - Civil liability of judges and the basis of Quran and traditions
Amanullah Alimoradi Seyyed Jalaluddin al- Taha MakkiDespite the conditions and strict regulations governing verdicts issued by judges, there is the possibility of mistakes, misunderstanding and errors from them and subsequently causing damages to the parties. The personal responsibility of judges has been expressed in pr MoreDespite the conditions and strict regulations governing verdicts issued by judges, there is the possibility of mistakes, misunderstanding and errors from them and subsequently causing damages to the parties. The personal responsibility of judges has been expressed in principle 171 of Iranian Constitution and in other laws such as Article 58 of the Islamic penal code. If the judge, who caused damages by its wrong judgment, is at fault, he has the personal responsibility for damages, and recovery for damages against him can be claimed through the disciplinary court of Judges. But if there is no fault on behalf of the judge, the responsibility for damages is on the government. This article is mainly concerns with base and origin of the responsibility of judges in case of erroneous judgments in Quran and tradition. Furthermore the various types of damages arisen from a mistaken judgment and the legal procedure for recovery of damages shall be studied. Manuscript profile -
Open Access Article
132 - Studying the Divorce Right of Women in Imamiyeh Jurisprudence
Foroozan Alaie NovinFamily plays an important role in jurisprudence and social laws and the Islamic lawyer has determined the parties’ freedom because of the dependence of the society’s living to the families’. Jurisprudents and lawyers definitely know the divor MoreFamily plays an important role in jurisprudence and social laws and the Islamic lawyer has determined the parties’ freedom because of the dependence of the society’s living to the families’. Jurisprudents and lawyers definitely know the divorce right as the right for men and leave some exceptions for women. The present article studies the different points of view of jurisprudents on the right of divorce in the cases that this right is given to women such as power of attorney to other than wife, when both wife and husband desire to divorce (Osro Haraj). Manuscript profile -
Open Access Article
133 - A Study on Justice in Holy Quran from Three Points of Views
Ahmad Arabshahi KariziThe goal of the current research is to study the justice in Holy Quran and depict its main pillar. It initially studies the concept of justice from various Sharia (Tradition), jurisprudents, scholars and philosophers views who all claim that justice in Islam is of diffe MoreThe goal of the current research is to study the justice in Holy Quran and depict its main pillar. It initially studies the concept of justice from various Sharia (Tradition), jurisprudents, scholars and philosophers views who all claim that justice in Islam is of different levels such as individual, existence system, Divine and social levels. Strictness as well as relatives of justice have been surveyed; Islam knows it strict and not relative, because justice depends on the religion's eternity. The article then studies the importance of justice and the reasons and finally studies the justice specifically in Holy Quran. Manuscript profile -
Open Access Article
134 - Alimony from Quran and stories Point of View
Mahdi Bahremand Mahboubeh Askari BadoueiThe literary meaning of alimony is depreciation and devaluation; it is the (price of) common needs of a woman based on her situations determined by law. The payment of the alimony (to the wife) is by husband in a permanent marriage. All family expenses as well as person MoreThe literary meaning of alimony is depreciation and devaluation; it is the (price of) common needs of a woman based on her situations determined by law. The payment of the alimony (to the wife) is by husband in a permanent marriage. All family expenses as well as personal expenses of the wife should be paid by husband and wife has no responsibility in this regard although she owns great wealth. This is a verdict determined by Quran, Islam and law. Manuscript profile -
Open Access Article
135 - Jurisprudential Principles and Legal References of Public Interest’s Precedence over Property Rights by Focusing on Qur'an
Davoud Qasemi Qumars KamariThe philosophy of the state and government agencies is to provide public service, and there may be a conflict between the public interest and property rights in this regard. In such circumstances, priority is given to the public interest and appropriation, as one of the MoreThe philosophy of the state and government agencies is to provide public service, and there may be a conflict between the public interest and property rights in this regard. In such circumstances, priority is given to the public interest and appropriation, as one of the examples of administrative actions of the government, is based on the theory of public service; because appropriation is realized in case of eliminating the conflict between collective interests and individual interests and due to public service and preferential rules. Administrative rights in ownership are also supported by the same service. But the main question that is raised and examined in the present article is what are the jurisprudential principles and legal references of the priority of public interest over property rights? This article is a descriptive – analytical study and surveys the abovementioned question using the library method. The results show that the priority of public interest over private property based on public interest is accepted in jurisprudence and rules such as the rule of guardianship over abstinence, the rule of “no harm” and “Anfal” are the most important rules and principles of jurisprudence that affect the priority of public interest over property rights in the Iranian legal system. Manuscript profile -
Open Access Article
136 - The Position of Trial Interruption in Khamsah (five) Religions by Emphasizing Verses and Traditions
Feysal Sharifi Pour Fatemeh ShouriBased on 37th principle of constitution, the basic is on indulgence; no one is guilty unless his crime proves in a proper court. Thus the present research studies the trial interruption in claim prove by studying verses and traditions and reminds that judge’s asse MoreBased on 37th principle of constitution, the basic is on indulgence; no one is guilty unless his crime proves in a proper court. Thus the present research studies the trial interruption in claim prove by studying verses and traditions and reminds that judge’s assessment and diagnosis is the strongest reason to issue the order and sentence from Shiite’s view point. Some of Sunnite jurisprudents know judge’s decision insufficient and inadequate and recognize Holy Quran, traditions and wisdom as proofs for decision making. But some others specify limitations for the idea; this article tries to offer a logical reason and criticizes Sunnite’s documents and finally expresses judge’s science his decision making based on the constitution. Manuscript profile -
Open Access Article
137 - 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 -
Open Access Article
138 - Government’s Role in Preventing Data Privacy Violation by focusing Religious Ethics
Nafiseh Nekouei Mehr Atefeh Hosseini Fard Reza SoltaniPrivacy is one of the fields of crime hotspots in cyberspace. This privacy is one of the most important individual rights which is respected and protected both from the sacred law of Islam’s point of view and from the perspective of international law and inte MorePrivacy is one of the fields of crime hotspots in cyberspace. This privacy is one of the most important individual rights which is respected and protected both from the sacred law of Islam’s point of view and from the perspective of international law and international documents. But violation of privacy and keeping protection of user safety and health have received less attention in our society. Therefore, the present essay which reinforces either the rationale bullion of ethics of users or known as the guarantee for effective implementation as well as providing a complement to the individual-ethical strategy of religious socialization, reinforcing the spirit of self-awareness, familiarity with logical consequence of user behavior and institutionalization of popularity and the prohibition of evil is the attempt to educate and elevate social culture about cybercrime by addressing the field of religious ethics. Also because of the importance of data privacy and privacy in cyberspace, the definition of this factor and the role that the government plays in teaching religious ethics to the society have been addressed and offered. Manuscript profile -
Open Access Article
139 - A Jurisprudential Study on the Existence of Financial Right for Wife in Quran; Imamate Jurisprudence and Comparison with Rights in Egypt
Koorosh Bashiri Ali Parimi Ahmad Reza BehyanfarThe aim of the present research is the issue of wife's rights after the breaking up marriage using jurisprudential and legal sources inspired by the views of Imamate jurists and lawyers in Islamic countries such as Egypt because of the importance and sensitiveness of th MoreThe aim of the present research is the issue of wife's rights after the breaking up marriage using jurisprudential and legal sources inspired by the views of Imamate jurists and lawyers in Islamic countries such as Egypt because of the importance and sensitiveness of the subject. This article is theoretical and the nature is descriptive – analytical and the method of compilation is librarian. The studies show Egyptian lawyer has consistently attempted to ensure and protect women's rights to prevent women rights being abused, specifically divorced ones. Manuscript profile -
Open Access Article
140 - A Critic on 4 – 28 Article: Rendering Water & Sewage Junction to Complexes based on Holy Quran
Iran SoleimaniConsidering the importance of research in the field of religious doctrines, the present research, referring to the four reasons as Verses, traditions, wisdom, wise reasons and Muslims’ rules concludes that human society such as related offices, governmental and Is MoreConsidering the importance of research in the field of religious doctrines, the present research, referring to the four reasons as Verses, traditions, wisdom, wise reasons and Muslims’ rules concludes that human society such as related offices, governmental and Islamic organizations and informed individuals are obliged to respect each other's rights in accordance with religious rules and regulations in order to protect the rights of the people. Thus if rules and circulars such as 4 – 28 article on rendering water and sewage junction to complexes cause right infringement of human society and consumers, must be reformed immediately and passed on to the next generation in the best way. Manuscript profile -
Open Access Article
141 - A Comparative Study of Child Abuse and Sexual Crimes from Quran, Common Law and International Documents’ Viewpoint
Sahar Zargarian Hassan Shafi’eePaying attention to children's rights is not only a matter of today's society, but also in Islam, children's rights have been considered in similar cases. In this article, it is intend to explore child exploitation and sexual crimes in international conventions in MorePaying attention to children's rights is not only a matter of today's society, but also in Islam, children's rights have been considered in similar cases. In this article, it is intend to explore child exploitation and sexual crimes in international conventions in accordance with the Holy Quran and the common laws of Iran. By anticipating the rights of children and adolescents and their urgent need to basic humanistic support, today international documents and domestic laws have tried to criminalize any child abuse; the Quran has focused on various manifestations of child abuse. Manuscript profile -
Open Access Article
142 - An Interpretive Judicial Study of Nature and Relevant Quranic Teachings based on Alravandi and Ghortabi
Majid Khazaei Mohammadreza Sotoudeh nia Mehdi LotfiSuch elements as water, earth, creatures like plants and animals, and balanced biological relations among them comprise the natural order. Such a rich resource is a grand divine bounty bestowed upon living creatures, so that while all creatures enjoy and use these resou MoreSuch elements as water, earth, creatures like plants and animals, and balanced biological relations among them comprise the natural order. Such a rich resource is a grand divine bounty bestowed upon living creatures, so that while all creatures enjoy and use these resources, human beings would be able to develop land and earth, and provide all with a suitable habitat. Thus the right to use such divine bounties and resources is among basic human rights. The current study would both identify the key elements and component parts of nature and environment in the Holy Quran, then the obtained data would be interpreted by the analytic methods of Imami and Sunni Fiqh drawing on Rawandi’s book, Fiqh al-Koran, and al-Qortobi’s, al-Jami’. The main focus here is on the deep relations existing between human actions and nature. The main objective is to point out the Islamic framework for identifying and dealing with the act of abusing nature according to such criteria as moral, civil, and punitive liability. Manuscript profile -
Open Access Article
143 - 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
144 - Rights the literature in Mikhail Naima’s works
Meisa DehdariAbstract: This article aims to disclosure questions blessing for human rights such as where before they see the light on earth, and how they were created, how they grew up, what this illness and his death and his return to embody more than once, and also wondered about MoreAbstract: This article aims to disclosure questions blessing for human rights such as where before they see the light on earth, and how they were created, how they grew up, what this illness and his death and his return to embody more than once, and also wondered about the relationship between man and his creator trying to find solutions to the question in this my serious presence. to that the secret of life deeper than that understood by ordinary humans investigated in this article and the idea of pantheism in each of the “Mirdadâ€; “Memorandaâ€; “Alerakecâ€;“whisper of the eyelidsâ€; â€Zaadâ€, and so on; and we talked about the phenomenon of reincarnation and how when Naima and on the impact of this phenomenon in “Mirdadâ€;and in the story of “meetingâ€;and in the office;â€he whispered eyelids†and so on, and "Masih"“we went to the life and deathâ€; and “reward and punishmentâ€, etc. Manuscript profile -
Open Access Article
145 - 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 -
Open Access Article
146 - Check the rule Tlqyt
هادی غلامرضاراوی محمود یوسف وندIs one of the legal rules Tlqyt.This means that instead or sales or whatever is supposed to be given a free transfer and which is not right.n this paper, to be answered is whether or issues of law or rule of law Qvadh Tlqyt the basics?Is this Tlqyt independent rule is a MoreIs one of the legal rules Tlqyt.This means that instead or sales or whatever is supposed to be given a free transfer and which is not right.n this paper, to be answered is whether or issues of law or rule of law Qvadh Tlqyt the basics?Is this Tlqyt independent rule is a rule or not? Is Tlqyt condition is bilateral or obstacles?In this article we have tried to these questions by studying books and taking notes and refer to religious books and summarizing the analytical method to be performed according to the jurists. It seems that the rule of law is Tlqyt And is a principle that Ksyrh legal issues in various legal fields is ongoing And the contract should be discussed barriers And whether or not its cause inaccuracy of the contract.The rule is that the rules of tradition has been concluded and there is no particular narrative in this case. Manuscript profile -
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147 - Retiring review cucumbers from the perspective of Sheikh Ansari and implementation of the civil rights Vara’ court precedents
Mohamad Mehdi Ahmadi najmeh azizi naserabadSummary Cucumber rights including financial rights that the warrants for Jurisprudence and Iranian Law and with the length and extent of the rights of other countries is not relevant. The Right Like other financial rights, can be dismantled. And like all legal acts req MoreSummary Cucumber rights including financial rights that the warrants for Jurisprudence and Iranian Law and with the length and extent of the rights of other countries is not relevant. The Right Like other financial rights, can be dismantled. And like all legal acts require the will and discretion. Dealers could not Khiari condition that initially they can then make the right cucumbers as well as it will dismantled. To the, so that The contracts are common today that it has created problems. To the extent that some lawyers are inclined to the view that such a provision is void contracts that have to know the other hand, the Shia jurisprudents about the possibility of waiving all no explicit provision in each cucumber cucumbers paid to the quality of overthrowing it. This rule has carefully considered the many problems faced by lawyers. In considering scrapping the cucumber appeal against this rule Astnsnayat, so that many of the lawyers referred to this rule is entered. Knew cucumber and residual rights, the rule of lawyers with many problems faced scrutiny. Cucumbers right that the two parties or one of them and then contract to a third party the authority to terminate the contract. The implementation of this legal action is the right one will be done and need to be willing and Rhythmic is among the contrary annulment is located mutual consent. Internal determination and passion Terminator has no effect on the contract. Manuscript profile -
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148 - Re-reading of concept of right and wrong by scrutnizing the authority of convention
ابوالقاسم علیدوست mohammad jafariRight and wrong are of convetional concepts, the criteria of which have been subject to many discusions on the side of faqihs and lexicologists and there have been some controversies in some cases. As a result, in many issues surrounding the concept and uncertain cases, MoreRight and wrong are of convetional concepts, the criteria of which have been subject to many discusions on the side of faqihs and lexicologists and there have been some controversies in some cases. As a result, in many issues surrounding the concept and uncertain cases, this discrepancy in views has overflowed into the semantics and the recognition of religious canon. This study investigates this criterion relying on the discovery of meaning on the basis of convention and finally, of the views on the issue and based on Al-Jahiz’s view and adding complement, the authoritative view is codifies. The final purpose of this study is to find a right criterion to say right from wrong and in doing so help the researchers with telling right from wrong in doubtful cases like, equivocaton, standing on ceremony, joking, anecdoting, break of promise, etc.The consequence of this writing can be to provide a codified framework for precise conceptualization in the field of news sentences, which sometimes challenges imitator and even the priest. By explaining the six faces of the news sentences, this framework becomes clear. Manuscript profile -
Open Access Article
149 - Analysis Rights types in Islamic religions
amir ahmadiRight is one of the important issues of human life in livelihood or trading. But in each of these spheres it is viewed from a certain angle, the main focus of this study is the right to mean domination, privilege and ability; and the study of the nature and nature of th MoreRight is one of the important issues of human life in livelihood or trading. But in each of these spheres it is viewed from a certain angle, the main focus of this study is the right to mean domination, privilege and ability; and the study of the nature and nature of the right is considered one of the important issues in the field of recognition of "right". The purpose of this research is to examine the criteria for the categorization of types of rights and the recognition of the nature and origin of the types of rights. The method of this research is librarian and analytical. The result of this study shows that the right to the type of unit is not unique As well as the recognition of its rights and its applications and its application can help in the formulation of scientific materials, the use of the code and the formulation of thematic laws and, ultimately, humanity in order to promote excellence in life as much as possible. Manuscript profile -
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150 - The Place Of Jurisprudence In Notary Professional Rights and Ethics
mohammad reza sharafatpeima mohammad rabiei niaThe professional rights and ethics as an emerging phenomenon of today's world, which is an interdisciplinary research can be found in the jurisprudence and authoritative sources of Islamic jurisprudence. Hence, the range of such inquiries brings back the notion of logic MoreThe professional rights and ethics as an emerging phenomenon of today's world, which is an interdisciplinary research can be found in the jurisprudence and authoritative sources of Islamic jurisprudence. Hence, the range of such inquiries brings back the notion of logical relationship between professional rights and ethics of notary and legal issues. Should jurisprudence be considered as responsible subject for this area? If so, what is the rationale for this logical relationship? To respond such inquiries, it should be claimed that the posed issues in professional rights and ethics of notary, despite being novel, has linear relationship with business and governmental notary services. Sciences like law, ethics help improve and strengthen such relationships and reactions. On the other hand, Jurists and religious scholars of Islam in their religious books, have proposed issues entitled "Business Etiquette", "Customs-Trade" (trade in general), etc. Since the professional rights and ethics are considered by jurists, therefore, the issues addressed in the field of professional rights and ethics of notary can be adopted with such views Manuscript profile -
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151 - The relationship of human dignity and its impact on the formation of consumer rights in Imamieh jurisprudence And the laws and regulations of , govermental discretionery punishments با برنامه Google بگویید «Translate love into French»/«ترجمه عشق به فرانسوی». نه، متشکرمبرنامه را امتحان کنید به زبان دیگری با افراد صحبت کنید. نه، متشکرمبرنامه
arsalan miri جلال ایران منش ابراهیم تقی زاده جلال سلطان احمدیIslam is a universal religion which, for human philosophy, considers the principles according to which human beings are the path to development and excellence. In this regard, there is an important issue, such as consumption and consumerism, that observance of the princ MoreIslam is a universal religion which, for human philosophy, considers the principles according to which human beings are the path to development and excellence. In this regard, there is an important issue, such as consumption and consumerism, that observance of the principles Correct Islam leads to the maintenance of human dignity. Therefore, in this regard, it is necessary to lay down rules and regulations for the correct way of consumption and consumerism, through their explanation, the human principles of Islam and, in particular, its human dignity. The author attempts to investigate the role and relationship of human dignity and consumerism in Imami jurisprudence and its related laws, in particular the laws and regulations of government sanctions. The method of research in this article is a descriptive-analytical method which, based on the books and articles, has tried to analyze all aspects of the subject. The results of this research show that paying attention to the proper use of the dishes, the maintenance of human dignity and other values that human beings give us human beings. Manuscript profile -
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152 - Rol the rule of justice and fairness on jurisprudence and law
Alireza Asgari Ali Akbar Ghaffari seyed hasan abediniThe writers of the leading writing, by examining the concept of justice and fairness and comparing them with similar concepts, seek to answer the question that if the rule of justice and fairness is a legal rule, what effect does it have on the subject matter and law? A MoreThe writers of the leading writing, by examining the concept of justice and fairness and comparing them with similar concepts, seek to answer the question that if the rule of justice and fairness is a legal rule, what effect does it have on the subject matter and law? Also, assuming that justice means observing the rights and granting the right to the right, then it has been chosen as the focus of this paper and examined two important points. Then, by examining the reasons for the two views, they confirmed the second theory. The first point: Some jurisprudents, who are more than ours, believe that the principle of justice and fairness is assigned to one chapter from the jurisprudence. From the point of view of these jurisprudents, this rule is a judicial-financial rule, but the second point: Some contemporary jurisprudents do not consider the rule of justice and fairness specific to a tribe from the jurisprudential jurisprudence, and it is not considered by all jurisprudence and in various fields of social, political, Economic and ... current. A review of these two perspectives has been done by descriptive-analytical method Manuscript profile -
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153 - Jurisprudential and Legal Explanation of the Husband’s Right to Divorce and the Potential Waiver of that
Fakhrafagh Hamidi Ahmadali Hashemi Hossein NaseriThe purpose of the present study is jurisprudential and juridical explanation of the husband’s right to divorce and the potential waiver of that. The method of study is descriptive-analytic and the results showed that in some circumstances, divorce and separation MoreThe purpose of the present study is jurisprudential and juridical explanation of the husband’s right to divorce and the potential waiver of that. The method of study is descriptive-analytic and the results showed that in some circumstances, divorce and separation of the couples from each other is the only way to terminate family conflicts and the consequences of irremediable disputes between them. The way of divorce should not be absolutely closed, but rather, when it is not possible to continue life, husband and wife should not be coerced into living together by the force of law. The nature and psychology of man and woman implies that the right to divorce normally and naturally be delegated to a man and this issue is not a discrimination between a man and a woman; however, in some limited cases, a woman can also file for divorce in the court so the way to divorce is not closed for a woman either. The waiver of the man’s right to divorce is null and legally void due to its contradiction with the Book of God, tradition, and law, however, delegating the right of divorce to the wife is not in contradiction with the husband’s right so it is appropriate. Manuscript profile -
Open Access Article
154 - A Comparative Study of Cadastre in Iranian Jurisprudence and with British Law
Shiva Mohamadi Saeid KheradmandyDetermining the boundaries of property is necessary in order to protect the civil rights of citizens as well as to protect public property. According to the laws approved in 1393 and 1395, our country has been required to measure all properties, which unfortunately has MoreDetermining the boundaries of property is necessary in order to protect the civil rights of citizens as well as to protect public property. According to the laws approved in 1393 and 1395, our country has been required to measure all properties, which unfortunately has not been fully implemented so far. This research has been done with the aim of comparative study of Iranian and British laws in the field of surveying. The unwritten law of the Commonwealth of England, based only on government approvals that have been in force for more than half a century, requires the surveying organization to have a comprehensive cadastre of all the country's property, both public, public and private, and only with strict cooperation. Performs the mapping and performs the mapping operation again after each transfer of ownership. In the sense that no responsibility has been assigned to the people, it is contrary to the sharia and legal responsibility of the people of our country who are required to limit their property. But in terms of technical and executive facilities, the UK's success in mapping all properties is admirable. It is recommended that the officials of our country take serious steps in order to properly implement the approved law. Manuscript profile -
Open Access Article
155 - A Reflection on the Jurisprudence Reasons of Article 360 of the Islamic Penal Code 2013
Seyed Hashem Aletaha Ahmad HajidehabadiFollowing Khoei's Detailed Theory, Article 360 of the Islamic Penal Code stipulates that in cases where execution of Qiṣāṣ requires the payment of the surplus Diyeh to the murderer, the owner of the Qiṣāṣ right can choose between execution of Qiṣāṣ with payment of the s MoreFollowing Khoei's Detailed Theory, Article 360 of the Islamic Penal Code stipulates that in cases where execution of Qiṣāṣ requires the payment of the surplus Diyeh to the murderer, the owner of the Qiṣāṣ right can choose between execution of Qiṣāṣ with payment of the surplus Diyeh or receiving the Diyeh even without the consent of the perpetrator. Although the adoption of this article is considered an effective step in preventing the uncertainty or wasting of the victim's blood in some cases, it is not supported by adequate Jurisprudence Reasons and has been criticized by the advocates of both the determination theory and the optionality theory of the right of retaliation, due to its use of dual criteria. Therefore, it cannot be used as a reliable basis for penal statute. Since the arguments of the Detailed theory are consistent with those of the optionality theory and can be effectively used to prove that theory, the best solution is to use the optionality theory as the basis, because it has strong and plausible foundations. Taking this measure resolves not only the current problem, but also other problems and negative consequences of the determination theory. Therefore, this research tries to evaluate and criticize the Jurisprudence Reasons of the Detailed Theory and use this argument to prove the optionality theory. Manuscript profile -
Open Access Article
156 - Crime Prevention Rights in Religious and Jurisprudential Doctrines
Soheila Ebrahimzade Shahrdad Darabi Vahid NekonamThe purpose of the present study is to review crime prevention rights in religious and jurisprudential doctrines. The research method is descriptive-analytic and the results showed that the true religion of Islam, in addition to giving priority to preventing sin compare MoreThe purpose of the present study is to review crime prevention rights in religious and jurisprudential doctrines. The research method is descriptive-analytic and the results showed that the true religion of Islam, in addition to giving priority to preventing sin compared to mere punishment, presents valuable doctrines to sustain human dignity and to respect people's privacy while taking preventive measures. Paying attention to these doctrines will guarantee sustenance of the citizens' fundamental rights in the process of criminology prevention. Manuscript profile -
Open Access Article
157 - Setting Deadlines in Contract Options: The Extent of Exercise of the Right of Annulment and the Authority of Decision Judgment in a Lawsuit
Abolfazl Amani mehtarlo Esmat al-Sadat Tabatabaei Lotfi Nasrin KarimiContract option refers to the right of annulment, in which setting deadlines plays a vital role concerning the rights of parties involved in contract. In some options that form the basis of contract (such as conditional option), unawareness about contract deadline, or f MoreContract option refers to the right of annulment, in which setting deadlines plays a vital role concerning the rights of parties involved in contract. In some options that form the basis of contract (such as conditional option), unawareness about contract deadline, or failure to set it, may invalidate contract. In other types of options, the contract remains valid if the option is not practiced in its due time. Although jurisprudence and law have discussed the time span for options, there are always challenges in determining whether the options have been applied within the deadline. In the present study, all types of options have been independently described and analyzed in three categories: urgent, unidentified urgent and non-urgent. At the appointed time, the deadline may be determined based on agreement or a prescription of law. The authority in litigations is expert judgment, especially for urgent and common non-urgent cases, and doubtful situations. Manuscript profile -
Open Access Article
158 - The Basis and Solutions for Protecting the Fundamental Rights of Customers and Recipients of Services from the View Point of Islamic Jurisprudence
zahra sarkeshekeyan Esmat al-Sadat Tabatabaei Lotfi Hormoz Asadi KohbadOne of the modern legal issues is the rights of customers and recipients of services, which is part of the consumer rights. Identifying and paying attention to these rights can provide customer satisfaction, health and quality in delivering services, and prevent conflic MoreOne of the modern legal issues is the rights of customers and recipients of services, which is part of the consumer rights. Identifying and paying attention to these rights can provide customer satisfaction, health and quality in delivering services, and prevent conflicts in the service market. In the present study, the descriptive-analytical method has been used to explain and examine the principles and strategies for protecting the rights of service customers from the view point of Islamic jurists. In terms of protecting the right of freedom in choice and having a competitive and anti-monopoly market, having accurate and complete information about services, having health and safety services, which are referred to as the fundamental rights of consumers of goods and services, there are issues and rulings, with minor differences, to prevent harm. Government support and interference in regard to harmful services and deceptive practices through the Hasbeh and other institutions is confirmed and emphasized. Manuscript profile -
Open Access Article
159 - Jurisprudential-Juridical Foundations of Compensation for Attainable Benefits and Social Deprivation
Fazel Fazeli Davood Abbas Ali Heidary Mahmood Gauom zadahThe purpose of the present study is to review jurisprudential-juridical foundations of compensation for attainable benefits and social deprivation. The method of study is descriptive-analytic and the results indicate that in Islam, any canonical loss or injury to the bo MoreThe purpose of the present study is to review jurisprudential-juridical foundations of compensation for attainable benefits and social deprivation. The method of study is descriptive-analytic and the results indicate that in Islam, any canonical loss or injury to the body, dignity, and finance of Muslims should be compensated for by the one who caused the loss. The subject of attainable benefits and social deprivation in Imāmiyah jurisprudence is consistent with the title of Ta'zirāt and it is considered as an instance of canonical punishment. These essential plans attempted by the religion are binding. The source of juridical justice in the divine religions is the holy existence of God and both law and punishment are rooted in the divine will of God. Paying attention to jurisprudential foundations and the legitimacy of these punishments in the canonical law, derived from Islamic rights, is a necessity and inevitable. Punishment and social deprivation in all cases is not only unsuitable and inappropriate but also entails some negative consequences and deprives individuals of their legitimate and legal rights. Manuscript profile -
Open Access Article
160 - Freedom of Citizens in the Internet from the View of Islamic jurisprudence and Law
Reza Ayazi Hossein Sharifi Batool PakzadThe purpose of the present study is to review how much citizens are free to express their ideas on the internet, from the view of Islamic jurisprudence and law. The method of study is descriptive-analytic and the results indicate that Islam respects "freedom of speech" MoreThe purpose of the present study is to review how much citizens are free to express their ideas on the internet, from the view of Islamic jurisprudence and law. The method of study is descriptive-analytic and the results indicate that Islam respects "freedom of speech" and has set its framework in some general aspects. The divine law which involves respecting the blessed name of God and His messenger should be considered in all aspects so every criminal act against that in the cyber space is regarded as a crime. From the view of Islamic penalty law, every criminal act that is recognized as a crime and the legislator has determined a penalty for that is involved in this framework so no one has a right to use the internet for such misconducts. Private rights are also included within these principles and no one has a right to use the internet to violate other people's privacy and deny their rights. Claiming rights is acknowledged for the loser part and the private rights of people in the cyberspace is quite respectable. Manuscript profile -
Open Access Article
161 - Jurisprudential and Judicial Explanation of Arbitration in Islam and Its Comparison with Arbitration in the West (France)
Mansour Safari Moghadam Amir Mullah Mohammad Ali Mahmoud GhaumzadehThe purpose of the present research is the comparative study of arbitration in Islamic jurisprudence versus arbitration in the west (France). In Islamic jurisprudence, the institution of arbitration is raised with reference to jurisprudential sources (the Qur'an, tradit MoreThe purpose of the present research is the comparative study of arbitration in Islamic jurisprudence versus arbitration in the west (France). In Islamic jurisprudence, the institution of arbitration is raised with reference to jurisprudential sources (the Qur'an, tradition, consensus, and reason). The research method is descriptive-analytic and the results indicated that the concept of judgment in the current legal order corresponds with the concept of arbitrator in jurisprudence. Muslim lawyers hold that the system of Islamic judgment and trial has comprehensively been able to create logical and fundamental methods in terms of all human acts and behaviors by making accurate laws based on human nature whereas the judicial system of the West does not act in this way. The philosophy of arbitration in Islamic religion and law and its correspondence with the western and international (French) law is that this civil law should be able to effectively solve conflicts and personal, national, and international enmity in the light of mutual satisfaction of those who are beneficiary in a deal, convention, or even family without any official ceremony, mere trial, legal and judicial force, or spending a long time. The results substantiated from this legal act are considered as the included conditions in an agreement. Manuscript profile -
Open Access Article
162 - A Study of Jurisprudential Principles of Animal Rights
Farideh Asghari ahmad Moradkhani Seyed hasan AbediyanThe purpose of the present study is to investigate jurisprudential principles of animal rights. The method of study is descriptive-analytic. General principles including the ones in the Qur'an and sonnat (the tradition) are discussed in this research. Both of the above MoreThe purpose of the present study is to investigate jurisprudential principles of animal rights. The method of study is descriptive-analytic. General principles including the ones in the Qur'an and sonnat (the tradition) are discussed in this research. Both of the above revelation resources have mentioned common features for animals in terms of life principles, perception issues, and evolution after this world that is sufficient to prove the right of animals as living creatures. Rational arguments indicate that every measure violating animal rights is evidence of cruelty while every measure that sustains their dignity, life, interests, resources, environment, and survival of their different species is considered as an act of goodness. The Sunni and Shi'ite scholars have consensus that animals also have rights so humans are obliged to observe them. Jurisprudential principles state that killing an animal requires the responsibility to make up for the loss. Besides, any damage to animals is prohibited and every attempt to fulfill their rights is regarded as an act of benevolence and goodness. Finally, the above principles generally approve animal rights, in addition to human rights, and convey the necessity to observe and fulfill that. Manuscript profile -
Open Access Article
163 - Jurisprudence of City and Urbanization
Tayebeh BalvardiThe purpose of the present study is to review city and urbanization from the view of jurisprudence. In this regard, the jurisprudential concept of city and urbanization emphasizing on their spiritual soul were reviewed and then two main axes of urbanization, that is to MoreThe purpose of the present study is to review city and urbanization from the view of jurisprudence. In this regard, the jurisprudential concept of city and urbanization emphasizing on their spiritual soul were reviewed and then two main axes of urbanization, that is to say, construction and participation rights were analyzed. The research method was descriptive-analytic and the results showed that jurisprudence deems that it is essential to pay attention to beautification of city spaces and buildings as well as development of reconstruction and civil engineering. Some of the most important issues in urbanization involve the favorable size and limit for developing city structure and houses. Furthermore, jurisprudence has a special emphasis on the issue of participation relying on counselling and consultation as well as enjoining what is good and forbidding what is evil. Manuscript profile -
Open Access Article
164 - Objectives of Political Justice in the Eyes of the Holy Quran
سیدکاظم سیدباقری بتول ملاشفیعیPolitical Justice as one of the key elements in the political thought of Islam, a value that surround the community, in conjunction with power to fit in place, and the rights of citizens to merit place is of course review its goals to be transparency with other schools, MorePolitical Justice as one of the key elements in the political thought of Islam, a value that surround the community, in conjunction with power to fit in place, and the rights of citizens to merit place is of course review its goals to be transparency with other schools, in a way that different schools have different goals defined for justice. By seeking the answer to question of political justice from the perspective of the Holy Quran and due to the fact that in Islamic thought, the purpose of government, is justice and that the operator of the Islamic community is to happiness, by using some potentials of Ijtehadi interpretation method, in hypothesis asserts that political justice can be created in the context of issues such as community development, fair distribution of opportunities and fulfillment and realization of the rights of citizens, the goals that guide humans to reach perfection and prosperity. Manuscript profile -
Open Access Article
165 - An Introduction to Conceptual History of Citizenship; from a virtuous Notion to a Conception Based on the Right
داود فیرحی ahmad biglariToday, observance of "citizenship rights" is considered as one of the measures of the people's rule and also the effectiveness of political systems. In the past, such a notion of rights was not available to all citizens of a state. In fact, there were limited rights for MoreToday, observance of "citizenship rights" is considered as one of the measures of the people's rule and also the effectiveness of political systems. In the past, such a notion of rights was not available to all citizens of a state. In fact, there were limited rights for some groups in some societies. In the history of political thought, various interpretations of the notion of citizenship have taken place, insofar as the concept of virtue-based and participatory ethics has evolved into a law-based and law-based conception. Citizenship is one of the key concepts in the history of Western political thought, which has been based on a variety of intellectual traditions, reflecting different political and social backgrounds since ancient times. The present paper responds to the question of how membership in a political community has become a criterion for enjoying certain rights under citizenship rights? Utilizing "conceptual history" as a method in the history of political thought, it reinforces the claim that the transformation of the concept of right has implications for political thought, one of which is the emergence of equitable citizenship rights. Manuscript profile -
Open Access Article
166 - Freedom and Human Rights from the perspective of Seyyed Ahmed Fardid Seyed Hossein Nasr
MohammaJjavad Sadipour Ali Darabi Ali MortazavianFardid, having invented and expanded the concept of westernization and split it into two types of non-double and double that are subject to the old and new, has had a great impact on the intellectual society of Iran. Freddie sees the Renaissance as the beginning of doub MoreFardid, having invented and expanded the concept of westernization and split it into two types of non-double and double that are subject to the old and new, has had a great impact on the intellectual society of Iran. Freddie sees the Renaissance as the beginning of double-harboring, because the domination of the subject matter or the originality of subjectivism is the result of evolutionism. Nazrine challenges the discourse of traditionalism or wisdom, the self-centered humanist subject that underlies modernity. The Nazarene is a modernist state with a Renaissance and a religious reformation centered on humanism against the Sunnah. In fact, two different philosophical views of humanism, with the definitions of human beings, are the heart of the anthropological way of thinking. These two, with their particular intellectual and philosophical system, seek the critique of Western modernity, and through this the central axis of modernity, which is humanism or self-founded subject, The focus on the views of these two philosophers on the face of modernity in terms of philosophical anthropology and the analogy of texts such as freedom and human rights as two modern concepts; against mystical definitions such as freedom of the heart and humanity with the sole of human freedom and responsibility In the face of God, instead of human rights It will. Manuscript profile -
Open Access Article
167 - 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
168 - The Judiciary Mission of the International Court of Justice against Political Performance of the Security Council in International Disputes
Morteza Ghahremani Seyed Yaser ZiaeeThe purpose of the present study is to review the judiciary mission of the International Court of Justice against the political performance of the Security Council in international disputes. The research method is descriptive-analytic and the results showed that the cou MoreThe purpose of the present study is to review the judiciary mission of the International Court of Justice against the political performance of the Security Council in international disputes. The research method is descriptive-analytic and the results showed that the court should never avoid pursuit of solving important political disputes just because they are in terms of political issues and aspects, even though there were no provable principles in international laws. Manuscript profile -
Open Access Article
169 - A Study of the Mechanisms of Human Rights Treaties and their Problems
Samira Rostami Jalilian Seyed Baqer MirabbasiThe purpose of the present study is to answer this question: Are there any challenges or problems in the mechanism of treaties monitoring the implementation of human rights' documents? The research method is descriptive-analytic and the results indicated that there are MoreThe purpose of the present study is to answer this question: Are there any challenges or problems in the mechanism of treaties monitoring the implementation of human rights' documents? The research method is descriptive-analytic and the results indicated that there are some challenges and problems in the mechanism of institutions based on international treaties. It is not possible at all to replace national measures with international mechanisms for standard implementation of human rights. It should be executed in the national and local level because the mechanism of institutors relying on international treaties has some challenges and faults which require ongoing efforts to be solved. Therefore, the improvement of these institutions can be regarded as one of the most important strategies. Manuscript profile -
Open Access Article
170 - Human Dignity and Citizenship Right in the Eyes of Imam Khomeini (ra)
محسن پرواز مصطفی کرمی ماشااله حیدرپورIn a world where liberal-democratic thought as one of the discourses at issue in the world have made western thinkers regard it the only true way of administering people and set aside religion from the scene of politics in its entirety; they want to instil the belief th MoreIn a world where liberal-democratic thought as one of the discourses at issue in the world have made western thinkers regard it the only true way of administering people and set aside religion from the scene of politics in its entirety; they want to instil the belief that religion cannot manage human community. In the Islamic Iran, a religious government was formed based on Velayat-e-Faqih led by the sagaciously jurisprudent leader, Hazrat Imam Khomeini (ra) in such a way that the world people once observing this government learned that religion has something to say and it can lead human communities towards prosperity by recognizing psychological and mental needs. The most marked cases of citizenship rights in the eyes of Hazrat Imam Khomeini (ra) are right of freedom, right of security, right of having social justice and the other rights trace back to these three main elements. The fundamental origin of such rights are natural rights according to the Islamic universalism and Hazrat Imam Khomeini (ra) that emanate from divine credibility. In fact, citizenship rights that are divinely endowed to social mankind and nobody is authorized to deprive him of such endowed rights. Manuscript profile -
Open Access Article
171 - Minority Rights in Islam with the Emphasis (Focus) on Traditions of the Age of Appearance
seyyed mahdi mirdadashiThe purpose of the research is to study minority rights in universal declaration of human rights and in Islam with emphasis on traditions of the age of appearance. This research method is descriptive –analytic and desk research and its findings show that by follow MoreThe purpose of the research is to study minority rights in universal declaration of human rights and in Islam with emphasis on traditions of the age of appearance. This research method is descriptive –analytic and desk research and its findings show that by following the principle of Quran, human dignity, imams’ justice, and human’s power, each tradition that is contrary to these guidance principles, is not acceptable, and Imam Mahdi will treat (face) religious minority with reason and logic. Those who do not accept Islam (have not been converted to Islam), will live under his rule of justice. While discussion about minority in international rights, however, they have rights according to words and meaning (provisions) of human rights statement, but it seems that duty to deserve minority rights has become a international convention (custom) by various governments; in particular (specially), international rights in such issues either there is no guarantee for performance, or have very weak performance bond. But deserving and respecting minority rights in Islam, addition to being right, it also is humanitarian duty, and real Muslims and Islamic governments consider themselves bound to deserve (respect) minorities rights. Manuscript profile -
Open Access Article
172 - Islamic Human Rights According to Ayatollah Khameni’s Viewpoints
Seyyed Sajjad IzdehiThere is no universal understanding concerning human being and various schools of thought have presented different views toward human being based on their be MoreThere is no universal understanding concerning human being and various schools of thought have presented different views toward human being based on their belief presumptions. Consequently, human rights can be studied based on the kind of the viewpoints toward human being. Although the human rights have always been clarified based on the approved principles and norms, there is no universal understanding in this regard. The materialistic schools, which have a limited background concerning the issue of the human rights in their society, try to globalize their reading of this concept, and they reproach the others who do not follow this western reading. Beyond the western view, the religion of Islam, which has a long history in considering the human rights, provides a comprehensive view based on human’s material and spiritual needs and makes appropriate recommendations to this end, which naturally differ from the western human rights. Considering the most basic components of the human rights, such as the human dignity, freedom, the right to life, the rights of women and respect for the beliefs of others, Islam has provided solutions for considering the human rights based on recognition of the human needs as stated in the religious instructions. Although, Islam has a similar reading about these elements as the western reading, it suggests different solutions for their realization. Manuscript profile -
Open Access Article
173 - A Critical Analysis of Male and Female Discipline with a Focus on the Book Taadib al Nesvan (Disciplining Women)
Zahra Borji Ahmad ZakeriWomen’s issues (implying a living creature, fertile, originally related to life), their personality, position and status in the family and society are among other issues that, similar to other cultural and social issues, are reflected in the mirror of litera MoreWomen’s issues (implying a living creature, fertile, originally related to life), their personality, position and status in the family and society are among other issues that, similar to other cultural and social issues, are reflected in the mirror of literature and culture of nations, embodying the personal and social attitudes of the authors and the general public to indicate the way women were treated . Do they think women have the same rights as men? Or that woman is a parasitic and second-hand creature dependent on man, who has no independence in her opinions and personality? Or what is the role of woman from the perspective of Quran and Islam and other holy books and religious leaders and experts? The present research seeks to address the aforementioned questions in various eras particularly in Qajar dynasty period to examine the status of women. Manuscript profile -
Open Access Article
174 - Investigating the case of causing disturbance for tourists in touristy places in Iran's penal system: providing a practical solution
Mohammad Farahani Mohammadmehdi Rahimi -
Open Access Article
175 - Tourism Development and Human Rights
Davood Ghahremani -
Open Access Article
176 - An investigation of Legal Foundations of Tourism in Iran
Mohsen Hassanpour -
Open Access Article
177 - An Analysis of the Foundations of Health and Exercise from the View of Islam and Sport Rights
Hossein AndalibThe purpose of the present study is to review foundations of health and exercise from the view of Islam and sport rights. The research relies on the hypothesis that in Islam, physical and spiritual-mental health are emphasized. Iran’s law has also paid attention t MoreThe purpose of the present study is to review foundations of health and exercise from the view of Islam and sport rights. The research relies on the hypothesis that in Islam, physical and spiritual-mental health are emphasized. Iran’s law has also paid attention to the subject of physical and spiritual health. Moreover, international documents such as the 1st statement of article 55 of the United Nations Chart, Constitution of the World Health Organization, the first statement of article 25 of the Universal Declaration of Human Rights, and the 1st statement of article 12 of the International Covenant of Economic, Cultural, and Social Rights all emphasize on the right to health. The research method was descriptive-analytic and the results showed that the advantage of the Islamic view in terms of the right to health is that it pays attention to spiritual, moral, and mental health as well. In fact, Islam has obligations and guidelines for both spiritual and physical health which demand requirements in the jurisprudential literature of 5-commands. Furthermore, since religious rules involve the issue of health, they bring about some obligations for real and legal entities. Manuscript profile -
Open Access Article
178 - New Perspective in PROSPECT: An Assessment of Strengths and Weaknesses of Iranian Second Year Junior High School English Textbooks
Narges Sardabi Mansour Koosha -
Open Access Article
179 - The Effect of Brain Dominance on Task-based Reading Comprehension among Iranian EFL Learners
Armin Hormozi Zohreh Gooniband Shooshtari Sediqeh Vahdat -
Open Access Article
180 - Content Analysis of Primary School Social Studies Curriculum in Terms of Attention to Child Rights Education
Rahman Paryad Ahmad Salahshoori Mohammadreza Yosofzade chosariThis study aimed to investigate the interdisciplinary attention to children's rights education in the curriculum of elementary school social studies have been conducted in Iran. In this study, a qualitative method to identify the components and characteristics of child MoreThis study aimed to investigate the interdisciplinary attention to children's rights education in the curriculum of elementary school social studies have been conducted in Iran. In this study, a qualitative method to identify the components and characteristics of child rights education also content analysis to analyze the elementary school social studies curriculum has been used. The population in the content analysis was the country’s social studies curriculum in primary schools among which the country’s social studies curriculum third, fourth, fifth and sixth in the year of 2015-2016 has been selected intentionally. In order to collect information, check lists was analysis objectives analysis check list, textbook content check list, and teacher's textbooks content check list. For the analysis of the data, Shannon’s entropy method was used to obtain the credibility ratings of each component and to compare their coefficients. After the study of literature and legal framework, the proposal was developed and its validity was confirmed by a number of experts in education, law and other relevant experts. The findings showed that in the social studies curriculum of primary education in the objectives most credibility rating is related to educational rights (0.274) and less to health rights (0) and justice component (0), among The textbooks most credibility rating was related to health rights (0.205), and less to procedural law component (0.15), and amongThe teacher's textbooks most credibility rating was related to specific support (0.243) and less to procedural law component (0). Manuscript profile -
Open Access Article
181 - Comprehensiveness of the teachersâ and studentsâ rights in Islamic jurisprudence
سید حسین واعظی پونه مؤذنیSince the formation of early societies, the process of teaching and learning between the teacher and student has created reciprocal rights hence, it was the observing 0f such rights that led to the perfection of this process. This issue, also, has been highly taken into MoreSince the formation of early societies, the process of teaching and learning between the teacher and student has created reciprocal rights hence, it was the observing 0f such rights that led to the perfection of this process. This issue, also, has been highly taken into consideration in Islamic and, therefore, many books are written based on the various verses and tradition in this regard.This current study aims to explain the rules of Islamic law on the rights of teachers and students. The method applied is of a descriptive one. It should be noted that most of these writings have been made on the basis of rights and obligations of the teacher and student from ethical perspective, while the inclusion of Islamic jurisprudence has been ignored. However, the research findings refer to these rights from the perspective of Islamic jurisprudence, while considering the seventeen jurisprudence rules. Manuscript profile -
Open Access Article
182 - An Investigation of the Method of Making High School Students Familiar With Their Citizenship Rights
AbdolReza Sepyani Zohreh saadatmand Fariba KarimiAbstract The aim of the present study was to find ways to make high school boy and girl students familiar with their citizenships rights. Among the possible and related ways, five factors: educating students in: eccomomics finane, culture, social and political affai MoreAbstract The aim of the present study was to find ways to make high school boy and girl students familiar with their citizenships rights. Among the possible and related ways, five factors: educating students in: eccomomics finane, culture, social and political affairs were selectod to evaluate and achieve the purposes of this study. The population comprised ( 1980 students) all of whom were and gril students of whom 290 students of both genders were vandomly selected to take part in this study. The instrument used in this research was a researcher-made question naire with 29 items based on the Likert scale with a reliability indea of %86 . Both descriptive and inferential statistics were used to analyze the deta. The results showed that all the factors were effective in making students familiar with their citizenship rights. Manuscript profile -
Open Access Article
183 - Contently analyzing the social science textbooks: regarding the human rights concepts
hamed zeinalpoor Mohsen Talebzadeh Kurosh Fathi VajargahThis present research was conducted with the aim of studying about the degree of attention paid to human rights concepts in formal curriculum.. The statistical population of this research was consisted of all social science textbooks of the high school (three books) in MoreThis present research was conducted with the aim of studying about the degree of attention paid to human rights concepts in formal curriculum.. The statistical population of this research was consisted of all social science textbooks of the high school (three books) in the academic year 2011-2012. With regard to the nature of the subject of this research and the limitation of the statistical population, no sampling was applied and the total population was used as sample size, too. In this research Shannon entropy content analyses method was used. The units of analyses were text, questions, exercises, and pictures. Data were collected via lists of content analysis of textbooks which were formulated after studying theoretical foundation. The validity was approved by educational science and human rights experts. The findings showed that human rights concepts were not focused identically in all the social science textbooks in different grades of high school. That is to say that from the total of 361 human right concepts, about 179 topics (50%) were focused in the first grade whereas, 90 topics (24%) and 92 topics (26%) were mentioned in the second and the third grade, respectively. In addition, there was no specific order in terms of sequence and presentation of such concepts, as well. Manuscript profile -
Open Access Article
184 - The analysis of the sixth grade curriculum in terms of student's educational rights from the viewpoint of teachers and students
saber Doosti sirous asadian Moosa PiriThe aim of this study was to analyze the curriculum of the sixth grade of primary schools in terms of children's educational rights according to the standpoint of the teachers and students in Marand. This study was Descriptive- survey method. The study population was co MoreThe aim of this study was to analyze the curriculum of the sixth grade of primary schools in terms of children's educational rights according to the standpoint of the teachers and students in Marand. This study was Descriptive- survey method. The study population was consisted of sixth grade teachers and students during the 1395 academic year in Marand. Student's population size was equal to 1812 people and as well as Sixth grade teacher's population size was 65. The sample of students and teachers using Morgan table respectively 320 and 56 people through stratified random sampling, were selected. In this study, two researcher- made questionnaires were used to study the components of educational rights. The Cronbach's alpha for the students and teachers scale includes 0/86 and 0/78, respectively. The construct validity Obtained through exploratory factor analysis using principal component analysis and varimax rotation and scree Cattell. To analyze the research questions, One-sample t-test and ANOVA with repeated measure were used. The findings showed that from the viewpoint of students, among the components of educational rights, only the pursuing educational goals has been considered to be less than moderate but other components are above moderate. While from the teacher's point of view, to all elements of educational rights attention has been paid. Manuscript profile -
Open Access Article
185 - Perfect Man Matching and the Right Path
Sousan Ale Rasoul Fahimeh Sadeghi GhahroudiThe right path is a target and destination for which human being prays God for the relevant training and direction. It is a path which being in line with constitutes the destination and real entity and perfection of mankind. The present paper is the result of a research MoreThe right path is a target and destination for which human being prays God for the relevant training and direction. It is a path which being in line with constitutes the destination and real entity and perfection of mankind. The present paper is the result of a research on the verses of Koran that proves the real mystical matching of a perfect man (same as chaste Imam in Shiite thinking) with the right path without direct reference to mystical ideas. To this end, the interpretation of the Koran after the Koran, as well as contemplation over the verses documented by the library sources are applied. In the end, by means of nine evidences it is concluded that the exclusive mercy and favor of God are bestowed to human being so that out of them the real human creatures are selected to be mortal within the entity of God and everlasting upon His existence, and has made them special through their own knowledge and has adorned them with chastity so that the whole human creatures should abide by their province so as to get connected to His own province. These authentic connected human beings who own provincial attraction and are able to capture and witness the actions and inner heart of others hold the status of divine directors and Imams. The holy Koran introduces them with the adjectives including grace given, pious, truthful, martyrs, purified, chieftain, and the most loyal, and as long as human being exists, only these individuals are the human leaders toward the divine province. As a result, the chaste Imam is a comprehensive emblem of the right path. Manuscript profile -
Open Access Article
186 - A Survey on Parent's Province in Islamic Relations, Jurisprudence and Law(Case Study: Priority in Custody)
majid reza kamali baniani dawood nassiran Seyed Mohammad Hadi MahdaviParent's Province is one of the types of anatomical provinces that is important not only in Islamic mysticism, but also in legal and jurisprudential terms. The main legal and jurisprudential issue, stemming from numerous verses and traditions, are from the leaders of th MoreParent's Province is one of the types of anatomical provinces that is important not only in Islamic mysticism, but also in legal and jurisprudential terms. The main legal and jurisprudential issue, stemming from numerous verses and traditions, are from the leaders of the religion and have a track record in mystical books, Shi'a jurisprudence and related religions. One of the most important periods in the life of any child is the age of consent, and up to the age of seven, upon which the foundations of his or her social and moral education are formed. In the present study, the verses and criticisms of traditions related to this period have been examined. The results of this study show that due to the expediency of the child, interest and emotional bond between the mother and also because of the duty of custody, the priority of the mother over custody of the child, it is necessary to do so. Also, given the verses and consensus of the narrations quoted, the authenticity of the documents and other reasons, up to the age of seven, the mother's preference for custody of the child was preferred. It is noteworthy that the present research has been done in a descriptive-analytical method. Manuscript profile -
Open Access Article
187 - School of Protest in Attar's Totem
Seyedeh Sedigheh Sajadirad Ahmad ZakeriFrom the beginning of Persian poetry the essence of protest and social commitment is seen in the works of poets. The protest is a category of literature in which the enlightened mind expresses dissatisfaction with the status quo in order to express the problems of socie MoreFrom the beginning of Persian poetry the essence of protest and social commitment is seen in the works of poets. The protest is a category of literature in which the enlightened mind expresses dissatisfaction with the status quo in order to express the problems of society and intellectual and consciousness. The committed poets respond with indifference by virtue of the mission and responsibility they feel on their own depending on the conditions of the various abnormalities they see especially in the social and political structure.Attar is a protest critic who not only does not hide in his sharp eyes not only the least slip of people, rulers, leaders and imams of society but even sometimes he does not see the system of creation as good order and curses it clicks on it from the tongue of rabble. The protest accounted for a considerable percentage of the tales of Attar's Masnavi and has a long history in Islamic culture and each of the scholars of the Islamic world has expressed their protest in a particular way from a special point of view. One can say that the most prominent dimension of the personality of the guilty people in the writings of Attar is that they are in fact the language of social protest and social criticism of the society of the disputed age of the seventh and eighth century. In this paper, it is tried to identify the social context and factors that influence the formation of the personality of the unreasonable rationales in the era of Attar and its relation to the school of protest and the most important character of the mad wise of Attar age that is "being protesting and social critic" in some of his stories is considered as an example. Manuscript profile -
Open Access Article
188 - Assessment of Spatial Differences (Discrepancies) of Realization of Right to Participation and Assigning the City to Self in Light of the Notion of Right to City in Hachirood- Chalous Township
majid sanaei raza Vafadar Sooraki kataayoon AatefiSpatial city is to satisfy the dreams of those who have left their own hometowns and enter it in pursuit of better life. Striving to attain their desired aims is the right of citizens of any city, the most well-known of them being the right to city. Studies show that th MoreSpatial city is to satisfy the dreams of those who have left their own hometowns and enter it in pursuit of better life. Striving to attain their desired aims is the right of citizens of any city, the most well-known of them being the right to city. Studies show that the right to city has never been balanced in all cities (with any area and population) and in any region or part of a city. Different people living in various cities or city parts experience different situations. Thus, the present study looks for spatial differences of realization of right to participation and assigning the city to self in light of the notion of right to city in Hachirood which is a small town comprised of 10 neighborhoods in order to determine the extent to which these concepts are realized. The present study is applied and in terms of nature it is descriptive-analytical and survey. Data collection is based on both library and field methods. The instruments of data collection were a researcher-made questionnaire (Cronbach’s alpha= 0.911) and interviews with citizens of Hachirood. Population of the study consists of all citizens (n= 10398) and the sample included 370 individuals in accordance with Cochran’s formula. Analysis of the data was conducted by using SPSS and binomial test. Also, for drawing the maps, Arc GIS software was utilized. Results show that central, southern and eastern neighborhoods of Hachirood enjoy better conditions in comparison with other neighborhoods because of more convenient accessibility to administrative centers, public and service spaces, higher variety of service centers, better roads and closeness to public transportation system.Extended AbstractIntroduction: Spatial city is to satisfy the dreams of those who have left their own hometowns and enter it in pursuit of better life. Striving to attain their desired aims is the right of citizens of any city, the most well-known of them being the right to city. Studies show that the right to city has never been balanced in all cities (with any area and population) and in any region or part of a city. Different people living in various cities or city parts experience different situations. Thus, the present study looks for spatial differences of realization of right to participation and assigning the city to self in light of the notion of right to city in Hachirood which is a small town comprised of 10 neighborhoods in order to determine the extent to which these concepts are realized.Methodology: The present study is applied and in terms of nature it is descriptive-analytical and survey. Data collection is based on both library and field methods. The instruments of data collection were a researcher-made questionnaire (Cronbach’s alpha= 0.911) and interviews with citizens of Hachirood. Population of the study consists of all citizens (n= 10398) and the sample included 370 individuals in accordance with Cochran’s formula. Analysis of the data was conducted by using SPSS and binomial test. Also, for drawing the maps, Arc GIS software was utilized.Results and discussion: In order to investigate the realization of right of city in Hachirood, first of all, the town was divided into four planning sections and then indexes of right of city in each of the sections were compared. Division of the town was performed by the researchers and included the central section (central Hachirood), western section (Noorsar, Kiakola, Mesedeh), eastern section (Emamrood, Doojman, Abbaskala), and the southern part (Hartehkala, Akbarabad, Chakhani). Examination of the planning areas in Hachrood in terms of fulfillment of right to participation and self0assignment demonstrate that the central part has the best situation regarding the index of right to participation. It seems that the central section with its administrative centers such as the municipality, banks, and other institutes, and the southern section with inhabitants with longer records of living in Hachirood, enjoy higher averages in comparison with their counterparts. Moreover, considering the self-assignment index, the central section is in the best situation. Apparently, the central and eastern parts have higher averages than other sections because of better availability of public and service spaces, variety of service centers, higher quality of roads and closeness to public transportation system. Also, recapitulation of items representing right to participation and self-assignment of city in notions of right to city in Hachirood showed that on average, the number of items with below -average values outnumbered the items with above-average values.Conclusion: From the results, it can be inferred that small towns, in spite of efforts to attain social justice for citizens, have been unable to fulfill their inhabitants’ rights due to multitude of reasons. Acoording to the present study, closeness to city center and urban services enhances participation of citizens and subsequently, their satisfaction with amenities and services encourage them to further take part in urban affairs. Additionally, such citizens are happier with urban management and performance owing to increased enjoyment of urban services. On the contrary, those who are farther from city center or live in far reaching neighborhoods enjoy less and as a result, minimize their public contribution to urban affairs. However, in larger scales, this is a recurring theme in almost all small towns. In these towns, citizens have limited access to amenities and generally speaking, right to city remains unfulfilled for them. All in all, results suggest that central, southern and eastern parts are in better conditions because they have access to administrative centers, public and service spaces, variety of service centers and quality of the roads and also, closeness to public transportation systems. Manuscript profile -
Open Access Article
189 - Analysis of Environmental Factors Affecting the Revitalization of the Lost Urban Spaces based on the Concept of the Right to the City (Case study: Velayat Bridge in Tehran)
Ali Akbari Azita Asghari Elahe Norouzi Kia Marta Rahimi Daraki -
Open Access Article
190 - Studying the Level of Women Knowledge on Their Citizenship Duties And Rights
Sohiela Naseri Eshrat KhoshbakhtThe main aim of this research was studying the level of awareness of female teachers in the city of Ilam in relation to their citizenship duties and rights. This study was a survey type and data gathering tools were questioners which had an acceptable validity and relia MoreThe main aim of this research was studying the level of awareness of female teachers in the city of Ilam in relation to their citizenship duties and rights. This study was a survey type and data gathering tools were questioners which had an acceptable validity and reliability. The population included all (875 individuals) three educational levels female teachers (elementary, middle and high), of which 266 subjects were selected randomly as sample by using cluster multi-phase and stratified sampling procedures. For data analysis Pearson correlation coefficient and multiple regression analysis were used. The results showed that the civil commitment of teachers and socio-economic status respectively were significant predictors for awareness of the rights and duties of citizens. Manuscript profile -
Open Access Article
191 - An Overview Of Women's Rights And Deprivations In Iran And The United Kingdom With An Imam Khomeini's Viewpoint Oriented Approach
Zeynab Mollaei Seyyed Mohammad Mousavi Bojnourdi Seyyed Mohammad Sadegh MousaviThe purpose of this study was to identify the common points, the strength and weakness of the two countries; Iran and England, on the rights and disadvantages of women. The population of the study were the women who have been evaluated in a comparative way. The research MoreThe purpose of this study was to identify the common points, the strength and weakness of the two countries; Iran and England, on the rights and disadvantages of women. The population of the study were the women who have been evaluated in a comparative way. The research method was analytical, descriptive and comparative. Accordingly, information was collected from the Persian and Latin libraries through reference books and articles, and then analyzed. The whole discussed issues and the results of the research showed that, contrary to what was posed in western countries and their pretending to consider the women's rights and claims that Islamic laws as a violation of women's rights, the western intellectuals did not essentially say any words on women rights until the end of the nineteenth century. Women did not enjoy women's rights, by the twentieth century and were even deprived of their basic rights, that is, the right to property, and the civilization of the west confessed to women's rights, and responded positively to women's right to justice, when the capitalist system was forcefully needed The work of women .While the Islamic religion paying attention to the dignity and high status of women in society and the family, pay particular attention to the worldly welfare and the woman's afterlife. Manuscript profile -
Open Access Article
192 - Women's Financial Rights In Ancient Civilizations And Monotheistic Religions
Zeinab Soodi Fariba HajialiThe aim of this study was to investigate the financial rights of women in ancient civilizations and monotheistic religions. The research population was the registered financial rights in the civilizations of ancient times and monotheistic religions. The studied sample i MoreThe aim of this study was to investigate the financial rights of women in ancient civilizations and monotheistic religions. The research population was the registered financial rights in the civilizations of ancient times and monotheistic religions. The studied sample included women's financial rights in preceding civilizations, post Islam, and monotheistic religions. The research design was descriptive. Documentary and library methods were used to collect data. The data analysis performed qualitatively. The findings showed that women's financial rights in different historical periods was not stable and specified. And it differed from one civilization to other civilizations and in different religions, there were a lot of rises and falls. In pre-Islamic civilizations, women enjoyed certain rights and were deprived of some. But in monotheistic religions, including Judaism, a woman loses her property by marriage. In Christianity, both the woman and her property were owned by the man, and the woman had no control over her property. But with the emerge of Islam, women's economic independence and the right to own property became official and the economic system of the family was formulated in such a way that from the beginning of birth to the death of the woman, the source of financing for the woman and the enjoyment of her property became very clear and determined by her humanity. And over time, women had been able to secure their financial and economic rights. Manuscript profile -
Open Access Article
193 - A Study of the Common Attributes of Righteous Women in the Holy Quran and the Bible
Maliheh Bagherinejad Yazdi Reza BaniasadiThe purpose of this study was to explain the common characteristics of righteous women in the Holy Quran and the Bible. The understudied universe was the verses of the Holy Quran and the Bible. The sample of the research particularized the divine verses of the Holy Qura MoreThe purpose of this study was to explain the common characteristics of righteous women in the Holy Quran and the Bible. The understudied universe was the verses of the Holy Quran and the Bible. The sample of the research particularized the divine verses of the Holy Quran and the Bible in relation to the common attributes of righteous women in the Holy Quran and the Bible. This research was descriptive-analytical and the data was obtained through documents and libraries. The analysis was performed using the data obtained from Quranic verses and the Bible. The results of the present study indicated that in the Holy Quran and the Bible, attributes were expressed for competent women in both individual and family domains. According to the Holy Quran and the Bible, righteous women in the personal sphere have attributes such as faith, righteous deeds, piety, chastity, truthfulness, modesty, hijab, refraining from showing off and being none lascivious. Also in the family field, competent women were introduced with traits such as being nice in the life with husband, housekeeping and parenting. Manuscript profile -
Open Access Article
194 - Women's Rights in the Field of Urban Rights in the Light of International Human Rights Documents
Shahram Salami Mohammad MazhariThe purpose of this study was to examine women's rights in the field of Urban rights in the light of international human rights documents. The research statistical universe included women's rights. The sample was the field of women's urban rights. The research was plann MoreThe purpose of this study was to examine women's rights in the field of Urban rights in the light of international human rights documents. The research statistical universe included women's rights. The sample was the field of women's urban rights. The research was planned as descriptive-analytical research project and data collection was done through documents and libraries by examining women's rights in international human rights documents and their compliance with the Constitution and laws of the urban area (economic, social and cultural rights). Using descriptive analysis, the results showed that women in many developing countries enjoy less economic, social, cultural and political rights than men. Also rights such as the right to employment, the right to enjoy the minimum financial resources to have an honorable life, the right to attend and participate in various social and cultural spaces, the right to have adequate facilities in the city, the right to social and urban security, the right to participate in all social and urban planning and decision-making, the right to health and the right to education were among the most important rights of women in the field of urban rights. Manuscript profile -
Open Access Article
195 - Armed Hostilities and Violence against Women and Children from International Regulations Point of View
H. A. Moazanzadegun M. A. Heidari امین NikomanzariThe armed hostility in the present age is one of the most important issues in international and domestic affairs. The world is almost facing civil and international war every day. Preventing such conflicts depends on the development of democracy and respect for human ri MoreThe armed hostility in the present age is one of the most important issues in international and domestic affairs. The world is almost facing civil and international war every day. Preventing such conflicts depends on the development of democracy and respect for human rights and the rule of law in various dimensions. Despite the wars stimulating factors, women and children have always been suffered the most injuries of the wars in different forms based on historical documents. One of the women urgent international problems is the systematic rape against women and children in armed disputes that aimed ethnic cleansing and carried on by brutality. Certainly decisive and serious confronting by the international community could have prevented such inhumane actions .The most important crimes were mentioned in this article referring the international documents. Manuscript profile -
Open Access Article
196 - The Reason Of Rejectting Zehar In Quran Verses; Reality Of The Concept Of Relative And The Defense of Women's Rights
Saeed BabaeiZehar is a kind of divorce in pre-Islamic period in Arabia which causes the permanent religiously prohibited of a man to engage with a woman. In addition the woman was not allowed to marry with the other man until her death. Zehar verses were appeared after the first oc MoreZehar is a kind of divorce in pre-Islamic period in Arabia which causes the permanent religiously prohibited of a man to engage with a woman. In addition the woman was not allowed to marry with the other man until her death. Zehar verses were appeared after the first occurrences of Zehar between Moslems and transcended in Madine. The aim of this essay is to survey the content of Zehar verses and the way that Quran encounter with this ignorant tradition. Analytical and descriptive methods are used for writing this essay. The result of this research is in the first respond to this unapproved pre-Islamic period tradition. Zehar verses realized the relative concepts and titles such as ‘Motherhood’ and emphasizes on the reality of the cases. So the similarity of wife to mother was the basic element in Zehar, that is without any effect and it had been an abolished comparison. It is necessary to know that the real account of relative concepts and the criterion that presents the Zehar verses could be used in the different discussion such as adoption, artificial insemination, embryo donation, surrogate uterus and simulation. These methods could be used to determine the child’s parents. Zehar verses announced the forbidden of Zehar and to make atonement by zeharic man due to his reprehensible behavior; it completed the challenge of Islam with this irrational behavior with a wife and it showed the best deference of woman rights Manuscript profile -
Open Access Article
197 - The Study Of Women Position In Nahjolbalaqa
سکینه Sarami حسن MajidiThis study analyzed the status and rights of women that were discussed in Nahjolbalaqa. One of the critical resources that have long been discussed about the role and status of women in the religious attitude has been the word “Menin” in the Nahjolbalaqa. So MoreThis study analyzed the status and rights of women that were discussed in Nahjolbalaqa. One of the critical resources that have long been discussed about the role and status of women in the religious attitude has been the word “Menin” in the Nahjolbalaqa. Some appear to adhere to his word and denied the perfection seeking and high humane values of woman. Some others while insisting on woman nobility and dignity discussed that His speech ignored the true position and dignity of woman and disconfirmed His word. This study intended to prove that in spite of his ignorance of tradition, He respected the character and position of women. Imam Ali (Salute to Him) introduced the woman as the epitome of beauty and kindness. He emphasized on the restoration of the rights of women, including political, economic, cultural, educational, social. In addition, He advised the men to respect the rights of women. Manuscript profile -
Open Access Article
198 - Woman and Ideal Identity in Constitutional Revolution Literatures
علی EynalilouContrary to the Quran trainings and the Maasoumin (The Innocent Sacred, Peace upon them)Sunnah classic Iranian literature did not eligibly respect woman. In such an approach the womanwas considered as pleasing mate for man, while having no equal rights and not even to h MoreContrary to the Quran trainings and the Maasoumin (The Innocent Sacred, Peace upon them)Sunnah classic Iranian literature did not eligibly respect woman. In such an approach the womanwas considered as pleasing mate for man, while having no equal rights and not even to have a rightto protest. Such an attitude was revised in The Constitutional Revolution after ward era. The womentook actions to reestablish their legal demands and the men declined to justice. To accomplishhumanitarian status, equal position in the family and the society, the preparation of the conditionsled to education and presence in the open social life and the participation in social and political affaireswere all the Constitutional Revolution achievements for women. This paper introduced someof the Constitutional Revolution era poets pointing out to their enlightment efforts of the publicopinion to resume the women right, rights that in contradiction to Divine rules were deprived of thewomen due to disordered social institutions. Manuscript profile -
Open Access Article
199 - Historical Review of Islam Role in Women Life Styles Changing
A. R. Tohidi صادق ShafieiThese articles mainly investigated the position of women from an Islamic perspective and explained the women’s value in its practical sense and based on the real events instead of following an idealistic or imaginary approach. In this regard, based on Koranic vers MoreThese articles mainly investigated the position of women from an Islamic perspective and explained the women’s value in its practical sense and based on the real events instead of following an idealistic or imaginary approach. In this regard, based on Koranic verses and instances of prominent Muslim women the following results were attained: Holly Koran and our prophet (PBUH) have familiarized women with their rights and encouraged them to obtain their rights and such a task was exactly a responsibility from God for the prophet (PBUH). Hijab, judicial laws, moral health of women’s participation are part of divine attempts to revitalize the women’s rights which have been fulfilled by Islam and resulted in an unprecedented evolution in the position and style of women’s life. Manuscript profile -
Open Access Article
200 - Women Political Rights Form The Islam View And International Human Rights Documents
محمد Jalali S. F. MousaviThis research was an analytic descriptive investigation that intended to explain if Islam and conlsequently Islamic Republic of Iran considered the political rights for women. And also whether ornot such an important issue was taken into consideration in human rights in MoreThis research was an analytic descriptive investigation that intended to explain if Islam and conlsequently Islamic Republic of Iran considered the political rights for women. And also whether ornot such an important issue was taken into consideration in human rights international documents?And how the women political rights in Islamic and Iranian society to be enforced into practice?Do they play any significant role in governmental and administrative professions? With referenceto jurisprudence resources, international documents and their analysis the following result wasachieved: in Islamic jurisprudence resources like Quran in verses such as “enjoin good and forbidevil”, “loyalty to Prophet Mohammad” peace upon Him and... and also in traditions and infalliblesanecdotes referred to women political rights. Also in constitutional law in some codes such as 6,13, 56 women and men participations were equally confirmed. Following this law, women canenter various administrative and governmental professions. Looking at human rights documentsshowed that these documents also supported women political rights. Manuscript profile -
Open Access Article
201 - The Study of Women’s Place and Position in Islam and Christianity
مریم Bakhtiar اکرم RezaeiOne of the most important points of view about women which take durable and emphatic effect in public attitudes toward female is what religions and religious leaders argued. The pessimistic western world’s opinions about women’s rights in religions were due MoreOne of the most important points of view about women which take durable and emphatic effect in public attitudes toward female is what religions and religious leaders argued. The pessimistic western world’s opinions about women’s rights in religions were due to cathedral church instructions and their social discrimination, so they designate the both Testaments’ view as a divine religion view. In this study by referring to Holy Quran and The Bible, it has been attempted to make a correct and universal picture from their view points about women’s rights and her role in family and society. We work on this issue by answering to the questions such as: what are Holy books (Quran & Bible) opinions about women? What is the comprehensive religion in this subject? It follows that, Bible attitudes are different from Quran’s. Christian’s Holy book accords a lower place to woman in society than that given to men and called her dependant creature that is contrary to Islam view points. Furthermore, Christian beliefs about, Eve seduces Adam; cause a negative convictions toward women, that itself may be a factor for has been deprived from her human and social rights. It would be in contract with Muslims thoughts. Holy Quran that in women’s rights issue as well as the other issues has such great evolution and also perfection, which guide every reader to understands the accuracy and celestial of this book. Manuscript profile -
Open Access Article
202 - The stand of woman in the passage of history and a study in her rights
حسن Haydari یوسف Ebrahimi NasabThe history of humanity civilization is a scale that can wiegh the position of right in past and present. when observing the rights of humans in the passage of time, the women rights have lawmakers` mistake, the reason of their mistake in making the tyrannical law MoreThe history of humanity civilization is a scale that can wiegh the position of right in past and present. when observing the rights of humans in the passage of time, the women rights have lawmakers` mistake, the reason of their mistake in making the tyrannical law against a half of society`s body was that they did not know to need the Islam school, and it were relying upon the defeated knowledge of humanity, and make up the human blessing on the basis of their imperfect mind`s senses. Of course, there have also been some profit – makers among them whom by using the chance to achieve their dirty goals, also demodify God`s instructions and messages.“Ministquio” in the book of “the spirit of rules” says: “The Japanese courts to penalize the criminal and rule broker women, make them naked in public squares of city for looking by people, and made them walking like four – leg animals.” Searching in the humans rights in history wether men or women is not such sweet, but the fate of women has been bitter for them in along with abusing for the numbers of temporary men. What the history has seen for exploiting of women rights drive us to review the past event of humans in the field of women rights before emerging the Islam, and present in a available short article. The present writing includes a glance at the women rights in civilizations before Islam, and tries to compare the woman right with the Islamic civilization and their rights in the temporary age. Woman before than the present developed and desirable position, everywhere and everywhen except in a valued, short and small periods of time, under the Islam light, assumed as human in different types and levels, non – human element, semi – human , infant, unallowed and or with the least right. On the way, the civilized nations are also not less than primitive and uncivilized societies. What has came in details in the following lines is a glance at women position in different societies and tribes approving the claim through the history. Manuscript profile -
Open Access Article
203 - Women’s Alimony in Iran, France, and Sweden Laws
حسن Heidari منیژه Hajati یوسف Ebrahimi NasabThe Purpose of this research was to compare the “couples’ financial relations” in Iran, France and Sweden law systems specially the term “alimony”. One of the problems to be referred as sex discrimination between the men and women is the mu MoreThe Purpose of this research was to compare the “couples’ financial relations” in Iran, France and Sweden law systems specially the term “alimony”. One of the problems to be referred as sex discrimination between the men and women is the mutual rights of the couples. Wife and husband through the marriage contract endured different bilateral responsibilities toward each other. Providing the family revenue in Iran is the unilateral man commitment and woman has no responsibility in this field, while in France and Sweden it is a bilateral commitment and woman has the same responsibility to provide the family expenditures as well. Some believe that most of the religious jurisprudence laws have been discriminated between man and woman and it would be necessary for Iran to join the international convention of the woman rights which seeks the equality of man and woman in all aspects. To view the different angles of the discussion, the man and woman relationships were considered on financial and non-financial aspects. The marriage was not suppose to be concerned about the loss and profit at the earlier moments but on the serious first crisis the financial counterclaim to be the most vital conflicting dispute. And if it was not managed properly it would lead to critical legal suit. In Iran laws, the principle of financial independence of the mates was the basis of couples’ financial relations and both the wife and husband are completely independent in acquiring their properties. But in the western countries laws such as France and Sweden in the properties partnership systems man is the boss of the partnership and manage the joint mates properties and in the properties absolute isolation system according to the legal assumption , he could manipulate his wife property unless the woman rejects it obviously. In this paper, the legal different systems of the above mentioned countries were discussed. Manuscript profile -
Open Access Article
204 - Reviewing The Financial Rights Of The Wife During Marriage
Shokofeh Zayernoori1 Ali Bahri (Tayebi)Marriage contract is a mean that initiate legal rights for the both involved couples. It included both the financial and non-financial rights. The couple financial rights could be divided into three periods: 1) during the marriage, 2) After the divorce, 3) after the dea MoreMarriage contract is a mean that initiate legal rights for the both involved couples. It included both the financial and non-financial rights. The couple financial rights could be divided into three periods: 1) during the marriage, 2) After the divorce, 3) after the death. The allocated financial rights for the wife that resulted from the marriage included the alimony, compensation and dowry. The research aimed to review the financial rights of woman in Shiite Jurisprudence and Iranian laws during the marriage. The research methods was a descriptive- analytical. The study concluded that "Mahr"(alimony) is one of the pillars of marriage and it is the amount of money that the husband should pay to his wife. The cause for the alimony necessity is the marriage contract and as soon as the marriage contract would have the obligation seal stamped it become the women's property and would be all established while the couple relation accomplished. The Quran interpretation of the "Mahr"(alimony) is Sedagh( interchanging present) (Quran, An-Nisa 4) and Mahr, no doubt, with its legal burden, based on completely ethical, since it confirms the honesty and show loyalty of the husband to his wife. In fact, Mahr, the third element that is voluntary. It should be presented to wife by the husband as a gift. Dowry is the living costs of the wife which should be assigned properly and paid by the husband. It is limited to a permanent marriage contract. Manuscript profile -
Open Access Article
205 - A comparative study of the non-financial rights of couples in the family law system of Iran and Canada
ghasem poriman salman valizade mozafar bashokohIntroduction:The main purpose of the current research is the comparative study of the non-financial rights and duties of couples in the laws of Iran and Canada. Method: The current research was done using the descriptive-analytical method. One of the most important non- MoreIntroduction:The main purpose of the current research is the comparative study of the non-financial rights and duties of couples in the laws of Iran and Canada. Method: The current research was done using the descriptive-analytical method. One of the most important non-financial items examined in this research is the right to head and the position of a man in the family. This has caused other issues to be raised, such as; The right to custody, employment, coexistence and good association should be examined under this title. Results:The findings of the research on the application of the non-financial rights of spouses in the family law system of Iran and Canada show that in Iran, the rights of women and the duties of spouses are more influenced by Sharia and jurisprudence principles, while in Canada, the rights of women and duties of spouses are based on laws Civil and human rights are determined. Also, in Canada, the focus is on individual rights and the interests of the best child, while in Iran, the focus is on Sharia principles and parental duties. Conclusion: According to the findings of this article and by examining the domestic laws, it was considered that the wife's obedience to her husband and her husband's interference in her personal and social freedoms, from custody to occupation and presence in the society, indicate that although the legislator tried to adapt to the changes in the society but it is far from the existing standards in the Canadian family law system and international covenants and conventions.Extended AbstractIntroductionMarriage is the most important stage of family formation, which is the marital contract, the emotional relationship and marital bond between a man and a woman, which makes the legal relationship called marriage between a husband and wife have rights and duties for each of them. they will be. Some of the effects of marriage are related to financial affairs and another part of non-financial rights related to personal protection and protection of women are among these rights. The right of good company, the right of intercourse, the right to refrain from and such things that some of these brief rights will be shared by a few couples and some shared between spouses. The special feature of the family is that it is an institution beyond a legal organization and based on emotions and moral values.Based on what was mentioned, examining the non-financial rights of couples in the laws of Iran and Canada; Studying the similarities and differences of these two legal systems; The purpose of this article is to examine the historical course and stages of change and evolution of Canadian family law in the subject of family administration and management and its results. In this article, an attempt is made to examine the legal models of family management in Canada, taking into account the current needs and requirements of the Iranian society, and considering the historical course and stages of development of Canadian law in the field of family management and its results, the possibility of The choice of some of the existing solutions of the above legal system should be investigated.MethodologyIn this article, the method of document analysis is used, which is based on the purposeful and systematic study of Iranian and Canadian law sources, and its focus is descriptive and interpretive search. Documentary research means the analysis of those documents that contain information about the phenomena that we intend to study. ResultsIn the Canadian legal system, marriage is a legal union and partnership in life and soul. Separation of spouses is a legal and optional quasi-divorce institution. The title of final decision-maker is not given to any of the couples. But in Iran's jurisprudence and legal laws, the non-financial rights of couples are based on three categories that have been considered in this comparative study: First, the most important effect of cohabitation is that the husband and wife partner morally and legally in strengthening the foundations of the family. In domestic law, we believe more in the moral dimension and the desirable aspect of the marriage contract, and the head of the family is one of the characteristics of the husband. discussionIn the topic of "social behavior", the difference between the Canadian law and the domestic law is that it has enumerated a number of good morals and placed a strong enforcement guarantee against their violation. Naturally, a violation of those cases has been serious and important for the Canadian legislator. But the domestic law is stricter in the matter of divorce and shows more willingness to reconcile couples. In Canadian law, the title of final decision-maker and head of the family is not given to any of the spouses. Even individual freedoms are limited due to the priority in the partnership of couples.In domestic law, we believe more in the moral aspect and the desirable aspect of the marriage contract, and the head of the family is one of the characteristics of the husband. Manuscript profile -
Open Access Article
206 - A Survey on Relationship between Corporate Social Responsibility and Respect for Consumers Rights (Case Study: Banking System in Bukan City)
Loghman Ebrahimi Ahmad Mansori Loghman Rahmani AhmadabadiIn the current conditions, Compliance environmental, social and moral issues for various organizations is more than a slogan and recommendation and has tended to operation. The concept of social responsibility as one of the responsibilities of organizations finds its pl MoreIn the current conditions, Compliance environmental, social and moral issues for various organizations is more than a slogan and recommendation and has tended to operation. The concept of social responsibility as one of the responsibilities of organizations finds its place. This concept not as part of the legal responsibilities of organizations now, but as a custom or tradition is Considered. The purpose of this study is Survey relationship between corporate social responsibility and respect for consumer’s rights in Bukan city's banking system. This study based on the purpose of research is the applied research and based on a method of research is a descriptive survey. To test the research hypotheses, a sample 388 people of citizens and a sample 81 staffs of a bank, were selected by simple random sampling. In this study, a questionnaire was used for data collection. The results show that all aspects of social responsibility (economic, legal, ethical and charitable donations) has a positive and significant correlation with consumer rights. The results of the relationship between social responsibility and the rights of the consumer indicate a relatively strong relationship between these two variables. Manuscript profile -
Open Access Article
207 - compare citizenship rights from the perspective of Allameh Hassanzadeh Amoli and Seyed Hossein Nasr
MOHAMMADJAVAD ASARI Jahanbakhsh Rahmani Seyed Hossein Vaezi Zohreh SaadatmandThe purpose of this study was to compare citizenship rights from the perspective of Allameh Hassanzadeh Amoli and Seyed Hossein Nasr in a comparative-descriptive method. This comparative study is based on a Bradi model that has stages of description, interpretation, pro MoreThe purpose of this study was to compare citizenship rights from the perspective of Allameh Hassanzadeh Amoli and Seyed Hossein Nasr in a comparative-descriptive method. This comparative study is based on a Bradi model that has stages of description, interpretation, proximity and comparison. The criterion for the inclusion of the components was the study of topics and topics that had directly and indirectly mentioned citizenship rights in their books. The validity of the collected documents was done through internal and external critique. The findings showed that from the perspective of Allameh Hassanzadeh Amoli including empathy with God's creation in the Islamic government, commitment to rights and duties, justice, lawful sustenance, education, attention to physical and mental health, social health and from the perspective of Seyyed Hossein Nasr: Citizenship rights include nature, economic rights, citizens' rights in the Islamic government, women's rights in the Islamic society, freedom, human dignity and the government's right to the people. Manuscript profile -
Open Access Article
208 - Sports washing as a soft power to consolidate the political governance of sports
Taha Razmara Mozafar Yektayar Saeed AbdiSports washing is a new word in the form of soft power that appears in both authoritarian and democratic political environments and can play a dual role at the domestic and international levels. The present study was a conceptual analysis and the achievement of effectiv MoreSports washing is a new word in the form of soft power that appears in both authoritarian and democratic political environments and can play a dual role at the domestic and international levels. The present study was a conceptual analysis and the achievement of effective and key results of the dual role of sports washing in the domestic and international level in order to strengthen the political sovereignty of governments in this area. The present study was a conceptual analysis and the achievement of effective and key results of the dual role of sports washing in the domestic and international level in order to strengthen the political sovereignty of governments in this area.The sources of the present study were based on the articles of reliable international publications and reliable internet portals. The findings showed that sports washing in the form of soft power requires trust, international transparency and compliance with the Charter of Human Rights in order to achieve the desired goals of political governance. It is suggested that in order to prevent and control the negative approach of the phenomenon of Sports washing, individuals, governments and organizations that are involved in the phenomenon of Sports washing show resistance to the normalization of moral violations in sports, do not participate in Sports washing activities or how Change your participation. It is also necessary to carry out special supervision by international sports governing bodies on the activities of governments and individuals who are involved in Sports washing. Manuscript profile -
Open Access Article
209 - Hayat Tayyaba, according to the commentators, with a rational, narrative approach and its relationship with human rights
Reza ghaseminejad Ruhollah moradiThe concept of "The Good Life" (Hayat Tayebe) in the Quran is a subject of debate among exegetes. Some interpret it as referring to the afterlife and the bliss of paradise, while others associate it with the intermediate realm (Barzakh) or a life of purity and contentme MoreThe concept of "The Good Life" (Hayat Tayebe) in the Quran is a subject of debate among exegetes. Some interpret it as referring to the afterlife and the bliss of paradise, while others associate it with the intermediate realm (Barzakh) or a life of purity and contentment in the present world. This research, conducted using a descriptive-analytical approach, aims to provide a comprehensive interpretation of Hayat Tayebe by examining the exegetical views of various scholars. The study considers the context of the relevant verses, as well as other Quranic passages, to determine the most fitting interpretation of Hayat Tayebe. It then explores the relationship between this concept and human rights. Manuscript profile -
Open Access Article
210 - Analysis of obstacles to the realization of citizenship rights in the constitutional period
reyhaneh nourmohammadi Hossain farzanepour somaye hamidiCitizenship rights is the most important contemporary legal issue and an emerging concept that has found a special place in social and political theories. Above all, citizenship rights discuss the rights, such as residence, education, and health, that everyone gets as a MoreCitizenship rights is the most important contemporary legal issue and an emerging concept that has found a special place in social and political theories. Above all, citizenship rights discuss the rights, such as residence, education, and health, that everyone gets as a citizen of a state. Citizenship rights are realized when all members of the society achieve all civil and political rights and the citizen has responsibility as a member of the society along with the better management of the society and establishing social order and recognizing these interactive rights have an effective role in promoting citizenship rights and creating a society based on social order and justice. The present article, relying on the historical sociology approach based on Bryan.S.turner's theory, has tried to understand citizenship and citizenship rights in the constitutional era, by using library documents and resources and descriptive-analytical method by examining the obstacles to the realization . In this article, it is trying to answer the question that what were the factors and obstacles to the realization of citizenship rights in the constitutional era? The hypothesis of this research is that in the context of the weak central government, the weakness of the political culture of the mass of the people, the political elites did not ultimately lead to the formation of citizenship rights. Manuscript profile -
Open Access Article
211 - Conflict between the right to education and other rights of students
Morteza Taghizadeh Seyed Mehdi Ahmadi Mousavi Bagher Shamloo Mohammad Amini ZadehThe purpose of the research is to understand whether the right to education along with other fundamental rights are fully provided by the school administrators or the implementation of one right is accompanied by the restriction of other rights. Because in addition to t MoreThe purpose of the research is to understand whether the right to education along with other fundamental rights are fully provided by the school administrators or the implementation of one right is accompanied by the restriction of other rights. Because in addition to the right to education in schools, there are other rights that are equal to the right to education in terms of value and efficiency. The right to security, the right to marry, and the right to freedom of behavior are among these rights. At the point of implementation, these fundamental rights may disturb each other. Therefore, it is necessary to provide conditions so that the school administrators, as it should be, provide the students with all the fundamental rights. The research method is qualitative and library-based. At the end of the research, by analyzing the facts in schools, we will realize that although there may be a conflict between the rights in the implementation phase, this conflict is not insoluble. It is possible to establish an interaction between all of them without endangering some rights, and while explaining how to resolve this conflict, it is possible to help school administrators to establish a balance between these rights. Manuscript profile -
Open Access Article
212 - The potential capacity to monitor the fulfillment of the obligations of the Organization of Islamic Cooperation's human rights documents
Marmar Asadian Seyed Bassem Mavalizadeh Seyed Hasan HosseiniThe purpose of this research is to familiarize with the human rights documents of the Organization of Islamic Cooperation and the absence of the presence of the Islamic Court of Justice in the supervisory part of the implementation of human rights decisions of these doc MoreThe purpose of this research is to familiarize with the human rights documents of the Organization of Islamic Cooperation and the absence of the presence of the Islamic Court of Justice in the supervisory part of the implementation of human rights decisions of these documents. Prejudice and ignorance towards the rules of Islam, the rules of Islamic law and the history of Islam, until recently, led Western writers to the conclusion that respect for the human person is a product of Western thinking. But Islam, like other religions, has its share in this respect for man and defense of his rights. On the other hand, international governmental and international non-governmental organizations have also participated in the promotion of human rights. Among the recent organizations is the Organization of the Islamic Conference (OIC). The Organization of the Islamic Conference, as the second international intergovernmental organization after the United Nations, with 57 member countries in four continents of the world, relying on Islamic identity and civilization, is a political-religious force that cannot be ignored in the international scene, which can play a role today. to play a significant role in consolidating international peace and security, and this importance has been brought to the fore with the establishment of the Islamic Court of Justice. The global peace and security that the OIC Charter seeks to consolidate is based on "justice". This justice is first of all in the principles and orders of Islam. In this research, which is descriptive and analytical, by examining Manuscript profile -
Open Access Article
213 - Analyzing the dimensions and components of environmental law with the approach of preserving resources for future generations and emphasizing the legal system of Iran
Seyedeh Nikou Mousavi Davijani Kheirollah Parvin Abdul Karim ShahiderDevelopment is a multidimensional and complex category whose importance has doubled with the progress and industrialization of countries. In this regard, the protection of the environment and the reasonable and fair use of resources in order to achieve a sustainable fut MoreDevelopment is a multidimensional and complex category whose importance has doubled with the progress and industrialization of countries. In this regard, the protection of the environment and the reasonable and fair use of resources in order to achieve a sustainable future, according to which the rights of future generations are guaranteed, is considered the duty of the international community. The concept of sustainable development and the environment in the framework of the rights of future generations, which first entered the field of international law with the adoption of the United Nations Charter in 1945 and subsequently developed in international environmental law with the issuance of the Stockholm Declaration of 1972, is significant. However, the concept of "rights of future generations" as a moral or normative principle faces many ambiguities. In this research, by reviewing the available texts and library documents, the policies of the organizations and institutions of the international community on sustainable development and the environment have been investigated. Reference to future generations has been made in a wide range of national and international legal documents, including treaties, declarations, conventions and constitutions, and national institutions have also been established in various jurisdictions with the authority to protect the interests of future generations. Most of the legal documents, both national and international, refer to the rights of future generations, such as the Stockholm Declaration and other documents. It must be said that it is very important for the earth and humanity that the present institutions learn to respect the Manuscript profile -
Open Access Article
214 - Providing a solution to improve the basic rights of Petrochemical workers based on public rights through management methods
mohammad beiroutiIn the discussion related to labor rights, like any other human rights category, we need a theoretical design about rights. A theory that emphasizes the necessity and moral and legal requirements of work regulations and justifies the existence and value of the basic rul MoreIn the discussion related to labor rights, like any other human rights category, we need a theoretical design about rights. A theory that emphasizes the necessity and moral and legal requirements of work regulations and justifies the existence and value of the basic rules and principles of work on which the foundation of this article is based; as follows ; Prohibition of discrimination in employment, equal pay for work of equal value, minimum working age for children and abolition of compulsory work. To improve the aforementioned principles in the petrochemical company in the free zones, we applied a creative management method. In fact, management science provides solutions to improve the implementation of the fundamental principles of rights. For this reason, we first explain the prospects, values, threats and strengths of labor laws in free zones and evaluate them based on matrix tables. With the investigation carried out with the Swot-Ahp method, we reached interesting results that if the approach of strategies for petrochemical workers in free zones must be revised in the laws related to the hearing board regarding the way of appeal and the way of expressing the request from the workers and Also, arrangements should be made regarding the handling of workers' cases. Employers should also consider requiring workers' requests to be in writing at the time of signing the contract and taking into account the rights of workers in the context of the contract in the face of any changes in the work environmen Manuscript profile -
Open Access Article
215 - 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
216 - The nature of intellectual property in Iranian and Islamic law
Ali TaghipourianIntellectual property is one of the types of property that is respected both in jurisprudence and in law, and the guarantee of many legal, criminal and registered enforcements is foreseen in order to prevent infringement of those rights. Therefore, intellectual property MoreIntellectual property is one of the types of property that is respected both in jurisprudence and in law, and the guarantee of many legal, criminal and registered enforcements is foreseen in order to prevent infringement of those rights. Therefore, intellectual property has created a special place for itself, along with tangible properties, and on the other hand, its financial and spiritual value has also played a significant role in raising its status, and finally these factors have led to the formulation of many laws regarding intellectual property, which are the result of intellectual property. On the other hand, it is necessary to mention that intellectual property is divided into two branches, intellectual property and industrial property, and each of them has seen its own field and legal development, and the dependence of countries on each other and their commercial relations cause the increasing development of intellectual property in countries, has become. As a result, it should be noted that the traditional division of financial rights into objective rights and religious rights has been changed in new and contemporary laws, and intellectual property rights have been added as the third category of financial rights. Manuscript profile -
Open Access Article
217 - 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
218 - The legitimacy of The Taliban Government : viewe point of International law
Akbar saavari samane rahmatifar shahram zarneshanAbstract:The establishment of the Islamic Emirate of Afghanistan by the Taliban group in this country, despite the complete occupation of the country's territory and the domination over the people and public institutions, has created many challenges for the internationa MoreAbstract:The establishment of the Islamic Emirate of Afghanistan by the Taliban group in this country, despite the complete occupation of the country's territory and the domination over the people and public institutions, has created many challenges for the international community. In the new era of dominating and ruling Afghanistan (2021), this group has continued its previous methods in facing the people and neighbors, which is influenced by global public opinion and the security concerns of other governments and institutions. Internationally, it has also brought legitimacy crisis for this government. In fact, the question of what the Taliban's willingness and ability to comply with international commitments will lead to, in front of the Afghan people and the international community, has created the main question of the current research; what is the position of traditional and modern international law regarding the recognition and performance of the Islamic Emirate of Afghanistan (Taliban government)? The research method of this survey is comparative-descriptive and the method of collecting data is library. The result of this research shows that: the components of the legitimacy of a state from the view point of modern international law, compared to the era before it, i.e. classical international law, have found obvious differences, and the international community, until Resolving human rights and humanitarian concerns, security concerns and fear of terrorist acts, recognizing people's right to self-determination and applying good governance practices and internationally well-known standards, will not recognize the Islamic government of Taliban. Manuscript profile -
Open Access Article
219 - Examining the principle of social welfare in Iranian law and its relationship with other human rights
samira tajkhorasani Gholam Hossein Masoud mohsen shekarchizadehSocial welfare is an interpretation aimed at the economic, social and political situation, which aims to preserve human dignity and the responsibility of society members towards each other and to improve their abilities. Social welfare in any society is one of the most MoreSocial welfare is an interpretation aimed at the economic, social and political situation, which aims to preserve human dignity and the responsibility of society members towards each other and to improve their abilities. Social welfare in any society is one of the most basic social needs that society members should enjoy. In fact, one of the main duties of any government is to ensure the welfare of citizens. In support of citizenship rights, we can refer to the effective and useful activities of the Human Rights Commission of Esami, the Court of Administrative Justice, the inspection organizations of the country as well as the commission of Article 90 of the Parliament and the establishment of a national institution (Article 99 of the Citizenship Law) whose duty is Education and promotion of citizenship rights, domestic and international information, as well as support for the individual and society for the accurate and complete implementation of citizenship rights, monitoring the implementation of the citizenship rights law and investigating the complaints received, he pointed out. The results of the present research show that social welfare in Iranian law is related to other human rights, and it appears in various civil, economic, social, political, cultural axes, the right to food, housing and clothing, etc. be made The creation of social welfare causes the satisfaction of citizens. The main question is what are the indicators of citizens' satisfaction based on the Charter of Citizen Rights? In this research, the research method is descriptive-analytical. Manuscript profile -
Open Access Article
220 - The right to transfer the place and a study in the decision of the Court of Administrative Justice including or not including the said tax on industrial, administrative and educational places
Mansour Eshgpour Mohammadreza AbbasiAbstract: The right to transfer the place is one of the facilities of the law taxes and the tax on the transfer of the "right to transfer the place" is one of the most important tax sources. According to the Tax Law: " the assignment of a place is the right to acquire o MoreAbstract: The right to transfer the place is one of the facilities of the law taxes and the tax on the transfer of the "right to transfer the place" is one of the most important tax sources. According to the Tax Law: " the assignment of a place is the right to acquire or profession or the right to occupy the place or the rights arising from the commercial position of the place." The tax system considered the transfer of premises for commercial, administrative and industrial use to be subject to this type of tax, but the Court of Administrative Justice, in violation of this approach, included the said tax only in commercial use. In this research, which has been done by descriptive-analytical method, the question has been answered whether places with non-commercial uses are also subject to tax on this resource or not? According to the definition of the right to transfer the place in the tax law and with reference to Article (2) of the Commercial Law and the Law of Landlord-Tenant Relations approved in 1977 and the principle of tax justice, the research achievement is that Due to the good reputation of the business and the commercial position of the place, it may also include places with industrial and office use. In addition, the scope of this right is wider than the right of business or profession or trade. Manuscript profile -
Open Access Article
221 - The instrumental use of human rights and its impact on the foreign policy of the United States of America A case study of developing countries after 1990
mansour barzegar ebrahim anousheh Khosrow vafaei SaadiOne of the important functions of the instrumental use of human rights in the foreign policy of the United States of America is to justify the policies that this country follows in different parts of the world. In this article, an attempt will be made to answer the ques MoreOne of the important functions of the instrumental use of human rights in the foreign policy of the United States of America is to justify the policies that this country follows in different parts of the world. In this article, an attempt will be made to answer the question of what is the place of human rights in the system. America's foreign policy and how has it become a tool to serve its national interests?The United States of America is one of the few countries that has an ideological foreign policy. With the difference that in many cases, such as the protection of human rights and the promotion of democracy, ideological foreign policy is used as a tool to secure America's national interests. Examining the actions of this country both at the level of foreign policy and in the field of domestic policy also shows that the view of the United States towards more rights is an instrumental view.This research is of a descriptive-analytical type and has been collected and used from articles, internet surveys and reliable sites. The findings of the research indicate that the defense of rights in words and their widespread violation in practice has caused the rights to be violated. Man becomes a tool to serve the national interests of America. Manuscript profile -
Open Access Article
222 - 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
223 - Instrumental use of human rights and its impact on the foreign policy of the United States of America A case study of developing countries after 1990Community Verified icon
mansour barzegar ebrahim anousheh Khosrow vafaei SaadiOne of the important functions of the instrumental use of human rights in the foreign policy of the United States of America is to justify the policies that this country pursues in different parts of the world.In this article, an attempt will be made to answer the quest MoreOne of the important functions of the instrumental use of human rights in the foreign policy of the United States of America is to justify the policies that this country pursues in different parts of the world.In this article, an attempt will be made to answer the question of what is the position of human rights in the US foreign policy system and how has it become a tool to serve its national interests?The United States of America is one of the few countries that has an ideological foreign policy. With the difference that in many cases, such as the protection of human rights and the promotion of democracy, ideological foreign policy is used as a tool to secure America's national interests.Examining the actions of this country both at the level of foreign policy and in the field of domestic policy also shows that the view of the United States towards more rights is an instrumental view.This research is of a descriptive-analytical type and has been collected and used from greenhouse sources, internet searches and reliable sites.The findings of the research indicate that the defense of rights in words and their widespread violation in practice has caused human rights to become a tool to serve the national interests of America. Manuscript profile -
Open Access Article
224 - Tax violations in the European Court of Human Rights
mohammad reza yosefiOne of the achievements of human rights and the initiative of the European Court of Human Rights is the concept of criminal matters. One of the important elements of the application of Article 6 of the European Convention on Human Rights, which includes the criterion of MoreOne of the achievements of human rights and the initiative of the European Court of Human Rights is the concept of criminal matters. One of the important elements of the application of Article 6 of the European Convention on Human Rights, which includes the criterion of fair trial, is the entry of the guarantee of the implementation of the provision into the criminal matters. In the law of direct taxes, there is a guarantee of executions for tax violations, which in case of entering the criminal matters, it will be necessary to observe the principles of fair proceedings. The main question of this research is to compare the criminal scope of tax violations in Iran's legal system with the practice of the European Court of Human Rights. In order to answer this question, we will first discuss the concept of criminal matters and its criteria, then guarantee the implementation of the aforementioned violations, and finally, the procedures related to dealing with this type of violations. Manuscript profile -
Open Access Article
225 - Investigating the Relationship between Awareness of Citizenship Right and Citizenship Culture among the Students of Sirjan Branch of Islamic Azad University
عظیمه کاظمی مهدی حسنی باقریAbstract Cultivating active and effective citizen requires determination and will for proper education, training and planning in this direction. Specifically, citizen's awareness of citizenship rights can be the basis of their commitment to social behaviors and citizen MoreAbstract Cultivating active and effective citizen requires determination and will for proper education, training and planning in this direction. Specifically, citizen's awareness of citizenship rights can be the basis of their commitment to social behaviors and citizenship tasks and citizenship culture. Accordingly, the aim of this study was to investigate the relationship between citizenship rights and citizenship culture. The spatial domain of this research is the Islamic Azad University of Sirjan. This research in terms of purpose is applied and in terms of nature and method, it is descriptive of correlation type. The statistical population of this study was 4500 students of Islamic Azad University of Sirjan in 2019, that as a sample 351 persons of them were selected based on Kerjecy and Morgan table. Two standard questionnaires were distributed among the sample and finally 310 questionnaires were analyzed by Structural Equation odemling (SEM) in Lisrel software. The results showed that there is a positive and significant relation between students' awareness of citizenship rights (political, social and civil rights) and citizenship culture. Manuscript profile -
Open Access Article
226 - Location of Municipal Solid Waste Landfill, Oshnavyeh City by Method Hierarchical analysis
Hamid Shahinfar Fatemeh MotamediSelecting the appropriate site landfill is one of the important steps in the management of municipal solid waste. Given the devastating environmental, economic, and ecological impacts of municipal waste, landfill selection must be carefully and scientifically processed. MoreSelecting the appropriate site landfill is one of the important steps in the management of municipal solid waste. Given the devastating environmental, economic, and ecological impacts of municipal waste, landfill selection must be carefully and scientifically processed. New tools and technology can help find the right place for a landfill. Geographic information systems (GIS) are nowadays widely used in environmental planning. In this study, different parameters such as lithology, land use, vegetation, soil properties, topography (slope), distance from urban areas, distance from main road, main waterways Suburbs, residential areas, wells and aqueducts and faults in order to determine suitable location for solid waste landfill in oshnavyeh city have been considered. Next, the paired comparison matrix was developed using AHP method and the final weights of each data layer were calculated using Expert Choice 11 software and in GIS environment, modeling was performed by hierarchical analysis process. Finally, landfill sites in oshnavyeh city were identified in four floor as Quite suitable, suitable, relatively suitable and inadequate based on their location ability. Manuscript profile -
Open Access Article
227 - Environmental management of water resources and environmental issues with a view to the Urmia Lake
سعید SHafaei Sa SHafaei کیانا KiarostamiIn terms of water quantity and quality is the most important part of an ecosystem. Reduced both the quantity andquality of water in a large negative impact on ecosystems and biodiversity threaten leaving Natural food sourcesand effects on organisms and causes irreparabl MoreIn terms of water quantity and quality is the most important part of an ecosystem. Reduced both the quantity andquality of water in a large negative impact on ecosystems and biodiversity threaten leaving Natural food sourcesand effects on organisms and causes irreparable damage, Knowledge and information about water rights and theapplication of specific rules to regulate the management macro environment seems essential. Therefore, based onthis study on the lake among the largest watershed of the country is carried out in terms of locationgeographically in northwestern Iran between East Azerbaijan and West Azerbaijan longitude 44 degrees 14minutes to 47 degrees 53 minutes east and 35 degrees 40 minutes north latitude to 38 degrees and 30 minutes islocatedThe main reasons for studies on slow dry lake-level changes in temperature and precipitation in theregion of 79-83 were studiedAnd consequently the rate of temperature change is not so drastic drop in waterlevel can cause dry lakes and rainfall of 79-83 years of upward growthDuring the same period, but the waterlevel of the lake has suffered a significant drop. Check water level fluctuations indicates that in 1346 the lowestlevel to the height of 1273/86 (m) free water level is reached, If the water level over the past thirteen years to1272/00 (m) about 6/20 mm reduced. In the present study, we believe that the gradual construction of 72 damscatchment basins with the average rate 4/5 billion cubic meters, the lake provides a huge change. Other factors,such as dam construction, the double-pass martyr station in front of the natural cycle of water under stirring thenatural order of living plant material suspended in the water cycle, the water creates many changes in theecosystem. The indiscriminate digging of the wells during the past seventeen years (91-74) of approximately 650thousand to 336 thousand Ring has increased among the factors that makes it believe that responsible decisionsin the coming years factors inland lake with a rejectUndoubtedly, completely separate the lake into northern andsouthern even completely dry lake will follow. Manuscript profile -
Open Access Article
228 - Matching examples of rights in Nahj al-Balagheh with articles from the Universal Declaration of Human Rights
Dr.Ali hoseinzadeh Laila zarei Humane rights are a continuum of natural rights that All human beings have it because they are human. The creators of global statements of human rights, have arranged the articles of humane rights and have passed them by the united nations general convention. The More Humane rights are a continuum of natural rights that All human beings have it because they are human. The creators of global statements of human rights, have arranged the articles of humane rights and have passed them by the united nations general convention. There are various points about human rights in Islamic sources.. In this article,, the Nahj-ul-balaghe is used in order to obtain human rights of Imam Ali (peace be upon him); in which we can find the principals and understandings of humane rights and the way if its application. In this research, we try to use the descriptive-analytical method based on the book of Nahj al-Balaghah to Compare Imam Ali's (as) human rights perspective with articles on human rights in the Universal Declaration of Human Rights. The result of this comparison and study is that there are some similarities in these two resources but because of difference in rights reference of each one, there are some differences in some of the rights. The objective of this research is to match the humane rights statements of Nahj-ulBalaghe with mentioned rights and grants in the statement articles, so as to illuminate the weaknesses and strength of this statement. Manuscript profile -
Open Access Article
229 - A look at what the concepts of "Human Dignity", "Social Justice" and "Freedom" mean In Hafez's lyric poems and the UN Declaration of Human Rights
ezzat khalighi Saeid Roozbahani Abolghasem Amirahmadi The concept of Human Rights is respected in all cultures and numerous laws have been enacted in this regard, and it is not necessarily limited to the contemporary era. As literature is a manifestation of culture reflected in the context of society, it reflects exa More The concept of Human Rights is respected in all cultures and numerous laws have been enacted in this regard, and it is not necessarily limited to the contemporary era. As literature is a manifestation of culture reflected in the context of society, it reflects examples of human rights. In the field of Persian literature, Hafez in the mirror of the Divan of Ghazals, while dealing with lyrical, romantic, mystical and ... issues, has also spoken about Human Rights issues. In various verses, he has repeatedly objected to the shortcomings of Human Rights and called on his audience to directly and indirectly adhere to its principles. To achieve this goal, Hafez has made innovations, including the development of Rend's personality. In this study, citing library sources and descriptive-analytical method, the concepts of "Human dignity", "social justice" and "freedom" in Hafez's sonnets (with an approach to Rand actions) and the UN Declaration of Human Rights have been explored. . The results of the research show that Hafez's creation in the Divan of Ghazals was a critical and protest attempt to highlight the deprivations related to Human Rights in Iranian society and to increase the scope of knowledge and insight of the oppressed people. Also, in this way, the "insider / foreigner" dichotomy in the whole political structure of Iranian society is described. Another is that The concepts mentioned in the Universal Declaration of Human Rights have no roots exclusively in the contemporary world and go beyond time and geographical boundaries. Manuscript profile -
Open Access Article
230 - Validation of the indigenous model of citizenship education in the elementary school
Seyedeh Janat Mousavi Abbas Gholtash Farzaneh Vasefian -
Open Access Article
231 - The role of cadastre in consolidating ownership of agricultural land
زینب فرنام ali asghar foratiCadastre, an electronic system that accurately, accurately, and quickly provides registration services, drives traditional registration to a new registration, and has made many changes to registration rights. These include the extent of ownership and the lack of documen MoreCadastre, an electronic system that accurately, accurately, and quickly provides registration services, drives traditional registration to a new registration, and has made many changes to registration rights. These include the extent of ownership and the lack of documentation of large tracts of agricultural land. However, there have been many advantages and disadvantages since the introduction and implementation of cadastre in the country. This study is applied in terms of purpose and since it deals with the two variables of cadastre and consolidation of agricultural land ownership in terms of descriptive and correlational data gathering method. The indices in this study were prepared through a library and documentary study, which was conducted by 21 graduate students of law in Semnan. Finally, Friedman test in SPSS software was used to rank these factors. The indices in this study were prepared through a library and documentary study, which was conducted by 21 graduate students of law in Semnan. Finally, Friedman test in SPSS software was used to rank these factors. The results show that preventing landslides and land invasion, consolidation and transparency in ownership were unpredictable, reducing civil litigation volume and speed, accuracy, quality and up-to-date civil information most of the respondents' cadastral view. . Manuscript profile -
Open Access Article
232 - A review study on digital image watermarking techniques
Razieh Keshavarzian -
Open Access Article
233 - The Right to the City: Developing a Framework to Analyze Environmental Justice
Maryam Afrouz Hassan Sajadzadeh -
Open Access Article
234 - Impact Assessment of Pedestrian Project in Tehran, with focus on the Right to the City Discourse, a Content Analysis Study
Mohammad Amerian -
Open Access Article
235 - Monitoring the theory of the right to the city in the reproduction of urban space (Case study: Qazvin city)
fahimeh shokoohfar Zohreh Davoudpour Vahid Bigdeli Rad -
Open Access Article
236 - The ability of preschool children to distinguish among use right and ownership right
Saeed Mahmoodpour Hadi Bahrami Noorali Farrokhi Fariborz DortajThis research was aimed to investigate the ability of preschool children to distinguish among gifts, shopping and borrow. Present research was applied from type of quantitative. Research statistical population was preschool children of Pakdasht Township in 2017-18 acade MoreThis research was aimed to investigate the ability of preschool children to distinguish among gifts, shopping and borrow. Present research was applied from type of quantitative. Research statistical population was preschool children of Pakdasht Township in 2017-18 academic years. The research sample consisted of 25 people (10 girls and 15 boys) who were selected by random cluster sampling method. To collect data was used from structured interview about the concepts of gifts (take with you right of object), shopping (ownership right of object) and borrow (use right of object). The face and content validity of interview questions was confirmed by the experts and its reliability was reported desirable by method of examiners. To analyzed data used from one-sample T-test and SPSS-19 software. The results showed that preschool children understand that in borrow only have the use right of object, but don’t have ownership right and taken with you right of object. Also, in shopping and gifts have the use right, ownership right and taken with you right of object. In addition, ownership right and taken with you right in gifts and shopping significantly was higher than borrow and there was no significant difference between the rate of them in gifts and shopping. There was no significant difference between the use right in gifts, shopping and borrow (P>0/05). According to the results, it is recommended that to preschool children be trained distinguish among use right, ownership right and taken with you right based on the concepts of gifts, shopping and borrow. Manuscript profile -
Open Access Article
237 - Investigating the level of attention to the components of children's rights in fifth grade textbooks
akram Tafarshi Nejad nasrin ghanabri atiye anjamiThe aim of the research was to determine the level of attention paid to the components of children's rights in fifth grade textbooks. The research method was content analysis and the statistical population of social studies books, Hadih Asemani and Farsi of the fifth gr MoreThe aim of the research was to determine the level of attention paid to the components of children's rights in fifth grade textbooks. The research method was content analysis and the statistical population of social studies books, Hadih Asemani and Farsi of the fifth grade. The data collection tool was a researcher-made checklist to measure the components of individual, social and family rights. The reliability coefficient of the tool was 0.85 based on William Scott's formula (1995). Shannon's entropy method was used to analyze the data. The results showed that the amount of attention paid to the components of children's rights in the studied books is as follows: In the field of indicators of the individual rights component of children, "the right to identity and human dignity", the first rank is the most attention; and "minority children's rights" are the last rank of the least attention. Regarding family rights, the index "right to parental supervision and intervention" ranks first, the most attention; and "entering the competent court despite the problems" are the last rank of the least attention, and finally, in the field of social rights, "cultural rights" are the first rank of the most attention; And "rights of disabled children and judicial rights of children" are ranked the least attention. Manuscript profile -
Open Access Article
238 - Omavid and Insecurity Aggravation in Iran’s Provinces
javad horaveSince Sasanian imposed perjury and oppression on the people of Iran’s provinces, they in fact provided the basis for their fall, as they lost the rein and ruling because of Muslem Arab attack. Unfortunately, the first sweet flavors of Islamic rule in Iran di MoreSince Sasanian imposed perjury and oppression on the people of Iran’s provinces, they in fact provided the basis for their fall, as they lost the rein and ruling because of Muslem Arab attack. Unfortunately, the first sweet flavors of Islamic rule in Iran didn’t last long. After imam Ails martyrdom, governors ruled in different provinces of Iran who thought nothing but their own personal and ethic interests. Omavi governors in many countries including Iran had no achievements but insecurity, despotism, cruelty and corruption. Omavian racism in a vast and widespread extent yield nothing but denying the people from human, social….rights. So much threat, inauspicious, continued until justice was replaced with injustice and brightness with darkness. In this article the author has tried to offer a brief sketch of history from this entry. Manuscript profile -
Open Access Article
239 - The Historical and Theorical of US foreign policy
ناصر خورشیدی محمد یوسفی جویباریThe United States has experienced two period of difference completely in the arena of Foreign Policy. Since its independence in 1776 to April 1917, the logic of Isolationism was dominant upon the Foreign Policy of this country. This long period of Isolationism can be di MoreThe United States has experienced two period of difference completely in the arena of Foreign Policy. Since its independence in 1776 to April 1917, the logic of Isolationism was dominant upon the Foreign Policy of this country. This long period of Isolationism can be divided into Isolationism restricted in the frame of US borders and also continental isolationism that dominated US diplomatic system by James Munroe since 1823. The second period in the US Foreign Policy inclined towards that has been continuing since 1917. Our goal in this research is to historical and also identify theoretical foundations of this tradition, that is, internationalism in the US Foreign Policy. In this sense, it seems that the internationalism tradition in this countrys Foreign Policy is nurturing through two main and at the same time confronting currents in international relations namely Rights based and Political based approaches. According to the nature of research, the method Historical - analytical and scope of research includes to United States. Manuscript profile -
Open Access Article
240 - Analysis of Timurid legitimacy on the basis of Iranian political thoughts.
Zahra Alami zavare Fereydoon AllahyariIn political discourse, Legitimacy means peoples acceptance of and submission to the current government, a choice of knowledge and will. All political systems need legitimacy to prove on the one hand, that they have true and irreplaceable authority and on the other hand MoreIn political discourse, Legitimacy means peoples acceptance of and submission to the current government, a choice of knowledge and will. All political systems need legitimacy to prove on the one hand, that they have true and irreplaceable authority and on the other hand, lead the subordinates towards obedience. Each government considers variant elements as the basis of its legitimacy, depending on the social conditions, culture, ethics and history. What matters is distinguishing these elements from different situations. One way of legitimizing has been using Iranian political thoughts about the supremacy of government and the necessity to follow it. This is what Timurid have shrewdly observed. This article, after an introduction, tries to analyze Timurid legitimacy on the basis of Iranian thoughts and in the form of categories such as divine rights, divine approval and influences of the government polices of Iranian kings. The article uses a descriptive- analytical method on the basis of library information. Manuscript profile -
Open Access Article
241 - The Historical and Theoretical Principles of US foreign policy
Nasser Khorshidi Mohammad yousefi joybariThe United States has experienced two period of difference completely in the arena of Foreign Policy. Since its independence in 1776 to April 1917, the logic of Isolationism was dominant upon the Foreign Policy of this country. This long period of Isolationism can be di MoreThe United States has experienced two period of difference completely in the arena of Foreign Policy. Since its independence in 1776 to April 1917, the logic of Isolationism was dominant upon the Foreign Policy of this country. This long period of Isolationism can be divided into Isolationism restricted in the frame of US borders and also continental isolationism that dominated US diplomatic system by James Munroe since 1823. The second period in the US Foreign Policy inclined towards that has been continuing since 1917. Our goal in this research is to historical and also identify theoretical foundations of this tradition, that is, internationalism in the US Foreign Policy. In this sense, it seems that the internationalism tradition in this countrys Foreign Policy is nurturing through two main and at the same time confronting currents in international relations namely Rights based and Political based approaches. According to the nature of research, the method Historical - analytical and scope of research includes to United States. Manuscript profile -
Open Access Article
242 - Securing the Family Livelihood in the ‘Ten Sentences of Mādayān ī Hazār Dādestān’
zahra hisseiniIn the The Book of A Thousand Judgement, a valuable book survived from the time of Sassanid, so many legal terms can be found that expose the Social and cultural situation of the said era, but the importance and attraction of the family related laws in the book cannot b MoreIn the The Book of A Thousand Judgement, a valuable book survived from the time of Sassanid, so many legal terms can be found that expose the Social and cultural situation of the said era, but the importance and attraction of the family related laws in the book cannot be denied. This article examines the legal term of "xwarišn ud dārišn: maintenance, contribution and support" or "xwarišn ud wastarag, securing the food and clothing" in the ten sentences of the Mādayān ī Hazār Dādestān. Some questions on the subject will be raised to see which individuals were included in the Sassanid Civil Law of xwarišn ud dārišn or xwarišn ud wastarag(maintenance) and how was the situation of the illegitimate and non-illegitimate guardians of children. Based on the legal sentencesof the Mādayān ī Hazār Dādestān, we find out that support of the law for safeguarding the family and respecting its bounds are explained, but the legislator with a heroic point of view is wisely managing the events and rough conditions of the society.This article is composed in a theoretic spirit and in a historical analistic method of writing with the aim of explanation of legal function of maintenance and individuals under the guardianship in the civil society of the Sassanid era. Along with interpretation of the legal term of xwarišn ud dārišn or xwarišn ud wastarag, we will find out about its social and cultural function in making family in the Sassanid era. Manuscript profile -
Open Access Article
243 - social status of women In the transition from pre-Islam to Umayyads
mahmood rezvanikia Mohammadnabi Salim, Ahmad AshrafiAccording to historical evidences, women in pre-Islamic Arab society enjoyed the same status and rights as other women in ancient tribal societies. When the light of Islam shone on the Arab society, the ground was set for the promotion of the social status of women, but MoreAccording to historical evidences, women in pre-Islamic Arab society enjoyed the same status and rights as other women in ancient tribal societies. When the light of Islam shone on the Arab society, the ground was set for the promotion of the social status of women, but with the rise of the Umayyads, ignorant thoughts promoted and women were once again threatened and harmed by the patriarchal and traditional society.The present study is based on the hypothesis that "the revival of ethnic and pagan values in the Umayyad era was effective in changing the status of women from the ideal of Islam to the status of the pre-Islamic era" Historically valid to discuss how and why the revival of ethnic and pagan values in the Umayyad era and its impact on the status of women in the change from the ideal of Islam to the status of the pre-Islamic era.The result of the research shows that although Islam and were something beyond ethnic and tribal issues, but in the traditional Arab society, it was understood within the framework of tribal values and rules and became the basis of social, political and economic action. With the coming to power of the Umayyads, the pagan Arab prejudices became more apparent. The return of last era in aspects of Muslim life, especially the decline of women's status in society and the family due to the disruption of the deepening process of Islamic culture after the Prophet (PBUH) was one of its consequences. Manuscript profile -
Open Access Article
244 - Some of the historical development of ancient Persia
hosien elahiWith the advent of Zoroastrianism, the evolution of ideas and Community-based instruction and data occurred on this wise Where the equality of man, his freedom and the role of speech and opinion Krdar Iranians living Nick as a basic income and that was the reason rather MoreWith the advent of Zoroastrianism, the evolution of ideas and Community-based instruction and data occurred on this wise Where the equality of man, his freedom and the role of speech and opinion Krdar Iranians living Nick as a basic income and that was the reason rather Iranian society. Self-esteem and respect for the individual and social progress and development of society and to spread within the political, economic, social and emotional provided. Iranians history on this test, which was founded on the basic questions and answers to create a happy life and love for all people and especially their efforts in their geographic area and education of their children based on the dynamics of self-respect, to add community Home and family and ethnic groups are respected and world affairs based on social justice and fight against ignorance and ignorance among all human beings based on their nd were convinced that this is converging and the divergence of human civilizations were around and justice and security and freedom to all people and all they asked for. and committed to human freedom in thought and thought and came to respect his wishes. Manuscript profile -
Open Access Article
245 - The Historical and Theoretical Principles of US foreign policy
naser khorshidi mohamad y.joybary saeid karimiThe United States has experienced two period of difference completely in the arena of Foreign Policy. Since its independence in 1776 to April 1917, the logic of Isolationism was dominant upon the Foreign Policy of this country. MoreThe United States has experienced two period of difference completely in the arena of Foreign Policy. Since its independence in 1776 to April 1917, the logic of Isolationism was dominant upon the Foreign Policy of this country. This long period of Isolationism can be divided into Isolationism restricted in the frame of US borders and also continental isolationism that dominated US diplomatic system by James Munroe since 1823. The second period in the US Foreign Policy inclined towards that has been continuing since 1917. Our goal in this research is to historical and also identify theoretical foundations of this tradition, that is, internationalism in the US Foreign Policy. In this sense, it seems that the internationalism tradition in this countrys Foreign Policy is nurturing through two main and at the same time confronting currents in international relations namely Rights based and Political based approaches. According to the nature of research, the method Historical - analytical and scope of research includes to United States. Manuscript profile -
Open Access Article
246 - Omavid and Insecurity Aggravation in Iran’s Provinces
Javad HeraviSince Sasanian imposed perjury and oppression on the people of Iran’s provinces, they in fact provided the basis for their fall, as they lost the rein and ruling because of Muslem Arab attack. Unfortunately, the first sweet flavors of Islamic rule in Iran didn& MoreSince Sasanian imposed perjury and oppression on the people of Iran’s provinces, they in fact provided the basis for their fall, as they lost the rein and ruling because of Muslem Arab attack. Unfortunately, the first sweet flavors of Islamic rule in Iran didn’t last long. After imam Ails martyrdom, governors ruled in different provinces of Iran who thought nothing but their own personal and ethic interests. Omavi governors in many countries including Iran had no achievements but insecurity, despotism, cruelty and corruption. Omavian racism in a vast and widespread extent yield nothing but denying the people from human, social….rights. So much threat, inauspicious, continued until justice was replaced with injustice and brightness with darkness. In this article the author has tried to offer a brief sketch of history from this entry. Manuscript profile -
Open Access Article
247 - Environment protection in the international leggal system
Leila HemmatzadehSince environmental changes and degration involve the entire international community and its not only limited to a specific region, environmental protection requires the cooperation and solidarity of all governments and nations at the international level in order to pro MoreSince environmental changes and degration involve the entire international community and its not only limited to a specific region, environmental protection requires the cooperation and solidarity of all governments and nations at the international level in order to protect our environment and only inhabited planet and to prevent them from destruction.Considering the importance and special role of legal protection and supervision, especially at the international level, in the field of protecting the environment and preventing its destruction and pollution, in this paper, with a brief mention of the history of the legal activities of the international community in the field of environmental protection, the international laws and institution for the protection and supervision of the environment and preventing its pollution and destruction will be studied. Then, to improve their performance, some suggestions will be made by mentioning and analyzing the strengths and weaknesses of these laws and institutions, if necessary. Manuscript profile -
Open Access Article
248 - Right on healthy environment as a part of human rights third generation
Leila HemmatzadehAll human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood."“Everyone is entitled to all the rights and freedoms set forth in this Declaration, without d MoreAll human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood."“Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.”“Everyone has the right to life, liberty and security of person”(1,2,3)Universal Declaration of Human RightsLiving right is the most primitive rights of human beings. It is impossible to be catched with environment which has no purity and health. Destroying environment progressively, which is lead to our present crisis, causes human's need to profit healthy environment.In this paper, right on healthy environment as a part of human rights third generation and its detection effect as one of human rights' types in environment protecting are studied. Manuscript profile -
Open Access Article
249 - 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
250 - Assessing the Opportunities and Challenges of the Joint Foreign Policy and the Security of European Union vis-a-vis Iran(1991-2021)
Faranak Khodnegah Davood KianiDespite the challenges in our relationships between both actors and U.S. pressure, the European Union has tried to expand its relationships due to relative advantage in areas of cooperation, and this research, based on descriptive-analytical method and library studies, MoreDespite the challenges in our relationships between both actors and U.S. pressure, the European Union has tried to expand its relationships due to relative advantage in areas of cooperation, and this research, based on descriptive-analytical method and library studies, answers the main question: What components are the factors that promote and what are the challenging factors for the relations between the two? It seems that: It seems that the European Union, due to negative U.S. propaganda and despite disagreements with Iran over issues such as human rights, nuclear issue and terrorism and arms war in the Middle East, also has common interests in the form of energy security and foreign investment.The geopolitical and geostrategic position of Iran and its impact on regional security is important and the EU is trying to deepen its relations with Iran and its influence. to increase the whole region Manuscript profile -
Open Access Article
251 - Citizenship Rights, the Platform of Sustainable Development
Ahmad Tavahen sadegh ziba kalam monfared yousef molaeiSustainable Development is a form of development that can meet human needs without harming the resources of the future. Since sustainable development is possible through the civilian rights, it is necessary to consider the existing laws and relevant institution.This res MoreSustainable Development is a form of development that can meet human needs without harming the resources of the future. Since sustainable development is possible through the civilian rights, it is necessary to consider the existing laws and relevant institution.This research with descriptive-analytic approach (data collection from national and international resources, etc.) has conducted the achievement of sustainable development considering the citizens’ rights. Analysis shows stabilizing of sustainable development will lead to the improvement of social participation with gaining the trust of citizens, which requires the establishment of the charter of civilian rights as a comprehensive law. familiarization of citizens with their dights and duties before the government, ultimately paves the way for sustainable urban development. This study also Examines the crises related to sustainable development (Air Pollution, Water Pollution, population growth, agriculture, deforestation, food security, etc.) and provides suggestions in cultural, social, economic, political and legal areas. Manuscript profile -
Open Access Article
252 - Pathology of Human Rights Council Policies in the Middle East and Iran
Javad Azizi Khairullah Parvin Mostafa SerajiThe Human Rights Council (UNHRC) replaced the UNCHR as a subsidiary of General Assembly. The United Nations has demonstrated its special importance for issues related to improving global human rights situation and promoting universal respect for human rights protection MoreThe Human Rights Council (UNHRC) replaced the UNCHR as a subsidiary of General Assembly. The United Nations has demonstrated its special importance for issues related to improving global human rights situation and promoting universal respect for human rights protection and fundamental freedoms. It is responsible for fulfilling its human rights obligations. Among features of the UNHRC are possibility of suspending membership of countries violating human rights and establishing a mechanism for reviewing the Universal Periodic Review (UPR) and studying details of monitoring human rights violations. Despite its many efforts in human right’s field, UNHRC has not yet been able to reach its main position and goal, which is to defend human rights in countries and Middle East region. Among factors that stand in way of achieving the UNHRC goals are universality of human rights, cultural relativism, lack of enforcement mechanisms, political considerations and injustice as well as the stance of some countries against the UNHRC. Manuscript profile -
Open Access Article
253 - Principles Governing the Rights of non-Muslims in Islamic Society with Emphasis on the Constitution
Javad Olyaei Tayebeh ArefniaThe Islamic society, as a democratic society, has considered the observance of the public rights of people of all religions and faiths in all social and political aspects. In the Islamic society, there are people who live with their religion and have social and cultural MoreThe Islamic society, as a democratic society, has considered the observance of the public rights of people of all religions and faiths in all social and political aspects. In the Islamic society, there are people who live with their religion and have social and cultural relations with other people in the society, and as citizens of the Islamic society, they have rights as religious minorities and are subject to special laws and rules under the control of the Islamic government. Now the question is what are the principles governing the rights of non-Muslims in Islamic society? Using a descriptive-analytical method, this article seeks to answer this question and, by looking at the country's constitution, determines the basis of their behavior. These inviolable principles are accepted by minorities and their violation is considered a crime that can be punished in the courts. Manuscript profile -
Open Access Article
254 - The Effect of Delegation on the Implementation of Commitment to Warrantor in Iranian Law and International Documents
Siavash Sherbati Ebadullah Rostami Seyed Mohammad AsadinejadSiavash Sherbati[1] Ebadullah Rostami [2] Seyed Mohammad Asadinejad [3] Abstract The purpose of this study is to determine the effect of delegating time commitment to Iranian law and international documents. During the conclusion of a contract, whether verbally o MoreSiavash Sherbati[1] Ebadullah Rostami [2] Seyed Mohammad Asadinejad [3] Abstract The purpose of this study is to determine the effect of delegating time commitment to Iranian law and international documents. During the conclusion of a contract, whether verbally or in writing, it may, for whatever reason, be made available to the commitment. How- ever, if the pledge does not consider the pledge to be in his interest, he will not be willing to carry out the pledge claim. In particular, the laws of our country are silent on this. Therefore, to avoid wandering, in accordance with Article 401 BC. It is invoked, as prescribed; if the term for option clause is not specified, both the option clause and conditional sale are invalid. The court procedure is also dual. The nullity of such a commitment also prevails in the theory of jurists. It therefore seems to be the difference between the will to make a commitment and the will to execute it. [1] - PhD Student in Private Law, Rasht Branch, Islamic Azad University, Rasht, Iran [2]- Retired Associate Professor, Department of Law, Rasht Branch, Islamic Azad University, Rasht, Iran [3]- Associate Professor, Department of Law, University of Guilan, Rasht, Iran Manuscript profile -
Open Access Article
255 - The Role of Intellectual Property Rights in the Economic Prosperity and International Trade of Developing Countries
Ensiyeh Hajimohammad Mansour Atashaneh Abo Mohammad asgarkhaniThe technological growth of developing countries, creating new markets, has transformed production and innovation processes. On the other hand, it has increased the competitiveness and increased the export of their industrial products to world markets and has threatened MoreThe technological growth of developing countries, creating new markets, has transformed production and innovation processes. On the other hand, it has increased the competitiveness and increased the export of their industrial products to world markets and has threatened the comparative advantages. The globalization of trade competition has led developed countries to pursue other strategies based on intellectual property rights to maintain their competitiveness and share in international markets. The purpose of this article is to examine the role of intellectual property rights in the international trade of developing countries and to answer the question, what is the role of intellectual property rights in the economic prosperity and international trade of developing countries? In response to the question, it is hypothesized that intellectual property rights in knowledge-based companies play an effective role in the economic development of developing countries. Manuscript profile -
Open Access Article
256 - 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
257 - Investigating the Attitudes of Post-Revolutionary Governments in Realizing Social Security Based on the Right Position According to Estimation of Social Welfare and Poverty and Unemployment Rates with Fuzzy Logic Approach
Salman Tohidifar Masoud MotallebiSocial security is a legal or practical solution in the public sphere that is designed for the economic security and social welfare of individuals and their families in the face of income loss from unemployment, old age or death, as well as the promotion of welfare thro MoreSocial security is a legal or practical solution in the public sphere that is designed for the economic security and social welfare of individuals and their families in the face of income loss from unemployment, old age or death, as well as the promotion of welfare through public services and economic support.The purpose of this study is to investigate the position of the right to social security in post-revolutionary governments. The research method is descriptive and post-event based on fuzzy approach. In this research, the data available in valid internal databases, including the Central Bank and the Social Security Organization, have been used. Excel, SPSS, fs / QCA software were used for data processing and analysis. The results showed that social security incomes are a necessary condition for reducing unemployment, poverty and having the right to housing and good social welfare. Manuscript profile -
Open Access Article
258 - The Impact of Globalization on the Restriction of Government Sovereignty in Iran
Zhila Mohaddes Shakoori Ganjavi Hojjatollah Ebrahimian tahmineh EdaltjuThe article aims to study the impact of globalization on Iran's national sovereignty. The research question is what effect does globalization have on Iran's national sovereignty? The research hypothesis is that globalization limits national sovereignty by diminishing th MoreThe article aims to study the impact of globalization on Iran's national sovereignty. The research question is what effect does globalization have on Iran's national sovereignty? The research hypothesis is that globalization limits national sovereignty by diminishing the importance of political boundaries, but it can also provide opportunities to strengthen them. The research method of the article are descriptive-analytical and the data collection method. The results of the study showed that globalization limits national sovereignty by reducing the importance of political boundaries and has restrictive effects on the rules and principles of public law, although the constitution of the Islamic Republic of Iran raises the issue of independence in the country and has an ideological and Islamic perspective, it is not ineffective in limiting the sovereignty of the Iranian government Manuscript profile -
Open Access Article
259 - Iranian Public Culture and the Realization of Citizenship Rights
Rahman Qorbani Darzi mahale Hassan Zarei Mahmoodabadi Ali mohammad FallahzadehVarious factors affect the realization or non-realization of citizenship rights, such as public culture. What was studied in this study by descriptive and analytical methods as well as sociological approach was the general culture of Iran and citizenship rights. In gene MoreVarious factors affect the realization or non-realization of citizenship rights, such as public culture. What was studied in this study by descriptive and analytical methods as well as sociological approach was the general culture of Iran and citizenship rights. In general, what are the obstacles to the realization of citizenship rights in Iran? In this study, it was concluded that elements such as mythology, individualism, emotionalism, distrust, secrecy, violence, expediency, superficiality, imitation, tribalism and self-centeredness as part of the general Iranian culture, are the most important factors of non-realization of citizenship is in Iran. The purpose of this study was to carefully examine the general culture in Iranian society, to explain the areas of its impact and obstacles to the realization of citizenship rights. Manuscript profile -
Open Access Article
260 - Examination of the Instances of the Owner's Possessions at the Time of Instable Ownership and the Legal Situation of Them
Hamide Rahanjam Shaghayegh Jafary Hamide Rahanjam[1] Shaghayegh Jafary[2] Abstract: According to the legal principles, in case of gathering the ownership right with one or more actual right in a property and at the same time, or in the case of gathering the ownership right with the op More Hamide Rahanjam[1] Shaghayegh Jafary[2] Abstract: According to the legal principles, in case of gathering the ownership right with one or more actual right in a property and at the same time, or in the case of gathering the ownership right with the option in a property and at the same time, the area of the owner's possessions becomes limited and the owner doesn't have right to do material and legal possessions which are against the rights exist on the property. In these cases we face "instable ownership". In this article we intend to recognize the instances of the owner's possessions in the time of instable ownership and examine the legal situation of them. This article is written using a descriptive-analytical approach. The main question of this article is: Are owners’ possessions at the time of instable ownership valid or invalid? The hypothesis of this article is: Legal dominations (possessions), prejudicing actual rights of available withdrawal in property are ineffective and material dominations (possessions) prejudicing this right, is prohibited. [1] - Azad University of Takestan, Branch School of Law Faculty and Deputy Director of the Department, hamide_rahanjam@yahoo.com [2]- Azad university of Takestan, Branch School of Law Faculty, shaghayegh_jafari_73@yahoo.com Manuscript profile -
Open Access Article
261 - Iran's Preventive Criminal Policy in the Light of Minimal Human Rights
Peyman Homayi Cheraghi Hossein Habibi Tabar Mahmoud QayyumzadehThe research aims to investigate the increase in crime with the lack of minimum human rights, which is emphasized in the religion of Islam. In this article, the authors are seeking to answer the question of whether Iran's preventive criminal policy has been able to prov MoreThe research aims to investigate the increase in crime with the lack of minimum human rights, which is emphasized in the religion of Islam. In this article, the authors are seeking to answer the question of whether Iran's preventive criminal policy has been able to provide the basic rights of people by relying on the principle of minimum human rights. Human dignity is emphasized in written laws. However, the executive branch has been challenged in the implementation of this principle and practice and has not been able to realize the basic rights of human beings according to the indicators of minimum rights. Due to the lack of these rights, various crimes appear in human behavior. Therefore, the research method in this article is library-documentary and descriptive-analytical. Manuscript profile -
Open Access Article
262 - The Role of the Welfare State in Ensuring the Welfare of Citizens
Gholamreza Radmehr Mohammadhossein Nazemiashani Seyedalireza HosseiniOne of the most fundamental issues in any social school is to explain the role of the government in the economy. Scientists and jurists have considered it for decades. The main question is: what are the responsibilities of the government in ensuring the welfare of citiz MoreOne of the most fundamental issues in any social school is to explain the role of the government in the economy. Scientists and jurists have considered it for decades. The main question is: what are the responsibilities of the government in ensuring the welfare of citizens? According to the hypothesis, the welfare state is committed to providing services and financial support to citizens from public revenues. The present article is written in a descriptive-analytical method and a library method. The article aims to review the obligations and duties of the welfare state in ensuring the welfare of citizens. Finally, the authors concluded, according to the Charter of Citizenship Rights and the Constitution, the duty of the government is to ensure fundamental rights for the welfare of citizens Manuscript profile -
Open Access Article
263 - The Criminal Policy of Protecting Children from Diversion in International Documents and Iranian Criminal Law Abstract
Behnam Nikoo Esmaiel Abdulahi Maryam SafaeeBehnam Nikoo[1] Esmaiel Abdulahi[2] Maryam Safaee[3] Abstract: Nowadays, one of the most common issues among scholars, espe­ci­a­l­ly lawyers and criminologists, is the issue of child criminality and how to deal with it and the ways of deviant in MoreBehnam Nikoo[1] Esmaiel Abdulahi[2] Maryam Safaee[3] Abstract: Nowadays, one of the most common issues among scholars, espe­ci­a­l­ly lawyers and criminologists, is the issue of child criminality and how to deal with it and the ways of deviant in society. Since the causes and reasons of crime among children are different from those of adults and on the other hand, this class of society is more psychologically and so­ci­­ally sensitive and more vulnerable than others, so a method should be adopted according to the conditions and situation of these people.This method, known as criminal policy for children and adolescents, is of great importance. Having a crim­in­al and penal policy appropriate to the circumstances of minors and adol­esc­ents can h­­elp civil society to advance one of its goals, which is to prevent future crimes. Therefore, criminal policy on children exposed to diversion sho­­uld be a preventive criminal policy in order to take legal steps to protect children at risk of crime and victimization. Given the imp­ort­a­n­c­e of this topic, this descriptive-analytical study examines the criminal policy of protecting children exposed to distortion in inte­rn­a­ti­onal documents and in Iranian criminal law. [1]- PhD student in Law, Bushehr Branch, Islamic Azad University, Bushehr, Iran [2]- Assistant Professor, Department of Law, Bushehr Branch, Islamic Azad University, Bushehr, Iran: Corresponding Author [3]-Assistant Professor, Department of Law, Bushehr Branch, Islamic Azad University, Bushehr, Iran Manuscript profile -
Open Access Article
264 - Innovations of the Code of Criminal Procedure, Adopted in 1392, on the Rights of Defendants
Seyed Essa Hosseini Naghi Fazeli Jafar KooshaSeyed Essa Hosseini [1] Naghi Fazeli[2] Jafar Koosha[3] Abstract: The accused rights are a natural and inherent part of mankind, and it is not something that the statesmen have left to the people and can deny them. The research method in this paper is descriptive MoreSeyed Essa Hosseini [1] Naghi Fazeli[2] Jafar Koosha[3] Abstract: The accused rights are a natural and inherent part of mankind, and it is not something that the statesmen have left to the people and can deny them. The research method in this paper is descriptive-analytical and the library method has been used to collect the information needed for research. In the new penal code of 1392, special attention was paid to the rights charged and innovations in this field. In the same material of this law, both in the definition of criminal procedure and in the clarification of important cases, such as the principle of neutrality and the independence of the judicial authorities, the legal principle, the existence of criminal proceedings, the principle of innocence, the need for the accused to be informed of the cause and the reason for prosecution, the right to access the lawyer, the observance of the citizenship rights contained in the law on respect for legitimate freedoms and the protection of citizenship rights, which are observed in articles one to seven of this law. Therefore, we are witnessing a new and positive view of the trial and attention to the rights of the accused. [1] - PhD student, Department of Private Law, UAE Unit, Islamic Azad University, Dubai, United Arab Emirates, iranvash8@gmail.com [2] - Professor and faculty member, Department of Criminal Law and Criminology, Faculty of Law, University of Tehran, Tehran, Iran: Author in charge, miramts1@yahoo.com [3] - Assistant Professor and Faculty Member, Department of Criminal Law and Criminology, Faculty of Law, Shahid Beheshti University, Tehran, Iran, j_kousha@sbu.ac.ir Manuscript profile -
Open Access Article
265 - A Comparative Study of the Effects of the Decline of the Main Case on Mutual Countermeasures in the Laws of Iran and France
Azad Rashid Azarpour Akbar BashiriAzad Rashid Azarpour[1] Akbar Bashiri[2] Abstract: The impact of the decline and the seizure of the main dispute over a cross-appeal is one of the issues discussed and the disagreement in the civil proc­edure. There may be a major dispute over the length of t MoreAzad Rashid Azarpour[1] Akbar Bashiri[2] Abstract: The impact of the decline and the seizure of the main dispute over a cross-appeal is one of the issues discussed and the disagreement in the civil proc­edure. There may be a major dispute over the length of the trial due to sei­zure and detention, what is the point in this regard to what extent is the li­nk­ that has been created between the main and the reciprocal of the dispute? Therefore, in this research, we will examine the effect of the deconstruction and seizure of the proceedings in the main dispute as to the mutual dispute raised during the main pro­ce­ed­ings. Due to the fact that the seizure and the decay of the proceedings to protect the rights of the parties to the lawsuit and the observance of the rights of defense of the parties to the lawsuit are also part of the rules of procedure, the existence of this longing is necessary. The result is that the loss of the main claim may result in the recovery of the cl­aim, the extradition of the petition, the decline of the right, the reco­nciliation between the parties and the change of court. These cases have been explicitly mentioned by the legislator in French law. [1]- Master of International Trade Law, Maragheh Branch, Islamic Azad University, Maragheh, Iran [2]-Assistant Professor and Faculty Member, International Trade Law, Private Law and International Trade Group, Maragheh, Iran:Corresponding Author Manuscript profile -
Open Access Article
266 - The Study of Human Rights in Social Studies Textbooks in middle school
Abbas Gholtash Moslem Salehi Parisa FarrokhinezhadThe aim of this study was to study of consideration rate to human rights in social studies textbooks of middle school in Iran. In this research descriptive method for determining the components of human rights and content analyzing method to study and analyze of textboo MoreThe aim of this study was to study of consideration rate to human rights in social studies textbooks of middle school in Iran. In this research descriptive method for determining the components of human rights and content analyzing method to study and analyze of textbooks of social studies in middle school was used. The sampling frame of research in content analyzing section was social studies textbooks in middle school. Collecting tools of information were, textbook content analyzing lists that according to proposal gathered and edited after studying theoretical bases and legal beds, had been qualified by curriculum experts and socialists. The analyzing unit was the printed sentences in the body of textbooks. The most important findings of this research including to human rights totally attention 22/46% to first in middle school, 32/32% to second grade in middle school, 52/08% to third grade in middle school, 19/23% to cognitive dimension, 7/34% to sentimental dimension and 10/65% to functional dimension, that the maximum attention related to cognitive dimension was about the authors of human rights. Manuscript profile -
Open Access Article
267 - Analyzing the barriers to women's political participation and relevant laws In the system of the Islamic Republic of Iran
Hedieh sadat Mirtorabi hojat mohamad shahi nilofar chinichianWomen's political rights and how they participate in the public sphere in contemporary Iran are always challenging, given the frameworks derived from the religion, tradition, culture and custom that govern society. From this perspective, the explanation of the main ques MoreWomen's political rights and how they participate in the public sphere in contemporary Iran are always challenging, given the frameworks derived from the religion, tradition, culture and custom that govern society. From this perspective, the explanation of the main question of this article is due to the lack and capacity of the Constitution of the Islamic Republic of Iran for the presence of women in politics. The structure of the research is based on telling the history of women's participation and presence in the public arena from the constitutional era until now, the position of women's political rights in the constitution of the Islamic Republic of Iran, women's performance and presence in the public forces of Iran (by the country's basic institutions). Also in the field of theoretical framework, in addition to the subject laws, some views opposing women's participation in public affairs have been raised and criticized. In this process, the research method is descriptive-analytical; The purpose of this article, in addition to recognizing the capacities of the Constitution of the Islamic Republic of Iran, is to examine the challenges and shortcomings in the theoretical and practical field. Also, in this regard, relying on the high power of the epistemological frameworks of Islamic laws and considering the conditions of the present era, practical and appropriate contexts and solutions to address this issue in the field of politics and legislation are examined.[1] Manuscript profile -
Open Access Article
268 - The issue of divorce by expressing the rhetorical subtleties of the conditions of the condition in the Holy Quran
Hamdoo Jafarpour Ali Ali Rezaei Kahnmoei Mohammad Ali RabipourDivorce and disregard for women''s rights are important social ills that often lead to the collapse of the family. This phenomenon, like any social phenomenon, has causes and factors. Which should be identified and examined, the present study in the analysis of this iss MoreDivorce and disregard for women''s rights are important social ills that often lead to the collapse of the family. This phenomenon, like any social phenomenon, has causes and factors. Which should be identified and examined, the present study in the analysis of this issue has tried to use library sources and based on the teachings of the Holy Quran in Surah Divorce, Baqarah and Nisa by descriptive-analytical method and explaining the verses of divorce and women''s rights at the time of divorce and examining the rhetorical subtleties of the conditions of the condition in the verses of divorce and why it is stated with the conditions of the condition, The results of the research indicate that the expression of the verses of divorce and the expression of women''s rights linguistically with the style of the condition has certain nuances where if the subject of the sentence is doubtful or rare (in) and in the definite case ((if) ) And in case of comprehensiveness and generality, it is mentioned with ((I)) In the Qur''an, by observing piety, divorce develops life. Also, ''iddah shows the reason for maintaining the sanctity of marriage in Islam and the absence of alimony and the relationship between the child and the father, on the other hand, it is a deadline for returning to life. Manuscript profile -
Open Access Article
269 - 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
270 - An Absolute Power of Attorney of Woman in Divorce: Creating a balance in the effect of the couple's will in divorce
Negar ShomaliIn contrast to marriage, which depends on the will of the couple, divorce is a right given to the man. And this duality in the influence of the will of each couple has led to the emergence of deep-rooted issues in Iranian jurisprudence and law. The structure of the curr MoreIn contrast to marriage, which depends on the will of the couple, divorce is a right given to the man. And this duality in the influence of the will of each couple has led to the emergence of deep-rooted issues in Iranian jurisprudence and law. The structure of the current research is based on the etiology statement of the necessity of the woman's absolute power of attorney in divorce, the possibility or impossibility of the woman's power of attorney, the evolution of divorce regulations in Iranian law, and finally, the interpretation of the couple's will regarding the power of the woman in divorce. Also, in the field of theoretical framework, before dealing with the approach of the legislator of our country, the views of jurisprudence against and in favor, which have been effective in the formation of the legislative attitude, have been carefully considered. Acknowledging the absolute right of a woman in divorce as a way to adjust the right to unilaterally dissolve the marriage contract compensates for some of the shortcomings of women's rights and also frees her from an inappropriate marriage; the maximum form of representation in divorce for a woman is representation that Based on that, the occurrence of divorce or its non-occurrence is granted to the woman In order for her to have independent authority, there is not any necessity to be a condition as the cause of divorce or the need to confirm it by the court. Manuscript profile -
Open Access Article
271 - Sociological study of the barriers to the realization of citizenship rights with an emphasis on kinship (Case Study: West Azerbaijan Province)
Ali Moeinfar Rezaali Mohseni Majid KaffashiBackground and Aim: The aim of the present study is to investigate the sociological barriers to the realization of citizenship rights with emphasis on tribalism in the province of West Azerbaijan. The present study mainly uses the theories of Marshall, Faulks, Parsons, MoreBackground and Aim: The aim of the present study is to investigate the sociological barriers to the realization of citizenship rights with emphasis on tribalism in the province of West Azerbaijan. The present study mainly uses the theories of Marshall, Faulks, Parsons, Giddens, and Castells.Methods: This descriptive study was a descriptive survey that was carried out by cluster sampling and a researcher-made questionnaire on 384 citizens of West Azarbaijan province . To test the hypotheses, Pearson correlation coefficientanalysis of variance were used. Reliability of the questionnaire based on Cronbach's alpha (0.826 citizenship enforcement weakness, 0.87 0.73 kinship, 0.72 manorialism, 0.85 undeveloped civil society), and construct validity and factor analysis technique were used for validity.Results: Analysis of the data of this survey showed that there is a direct and significant relationship between kinship and its dimensions (tribalism and ethnicity), the dominance of master-slave system thinking and the immaturity of civil society with citizenship enforcement weakness. The difference in scores of weakness in the implementation of citizenship rights based on the socio-economic status of respondents is significant. Weaknesses in the implementation of citizenship rights are higher among respondents in dual-city counties than in urban residents with homogeneous population. Manuscript profile -
Open Access Article
272 - 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
273 - Social factors associated with the satisfaction of Tabriz citizens from citizenship rights observance
Parvin Hosseinzade Davood EbrahimpoorIn the present study, the satisfaction of citizens' rights, including the freedom of thought and of its subsidiary such as political participation, access to the political situation, the level of government assistance to vulnerable groups, the equal enjoyment of facilit MoreIn the present study, the satisfaction of citizens' rights, including the freedom of thought and of its subsidiary such as political participation, access to the political situation, the level of government assistance to vulnerable groups, the equal enjoyment of facilities, as well as gender, citizens’ living place in the city of Tabriz and education as predictor variables was examined. The type of research is applied and the research method is survey and data gathered by questionnaires. The population is citizens over 15 years old in Tabriz (1390) that were 1,511,184 people. Stratified random sampling method was used in ten regions of Tabriz.Sample size was based on the formula (Cochran) is 384.Based on the results of tests, there is a meaningful relationship between the following variables: between freedom of thought and satisfaction,between political participation and satisfaction, between the rate of access to and satisfaction with the political situation, between the attitude of government assistance to vulnerable groups and the satisfaction of citizen’sattitudes towards equality, between the enjoyment of facilities and satisfaction. Also, there is a differencebetween male and female respondents in terms of attitudes to the satisfaction of the rights of citizenship. Finally, there is a difference between people with different educational level of satisfaction of the rights of citizenship. Manuscript profile -
Open Access Article
274 - The Comparison of the Attitudes of Prisoners and Employees of Khalkhal Prison toward Citizenship Rights
Ebrahim Safaee Jafar EbrahimiCitizenship is considered as a kind of membership that includes some rights, duties, and responsibilities encompassing the concepts of equality, justice and independence. The scope and nature of citizenship, at any time is perceived by some interrelated dimensions such MoreCitizenship is considered as a kind of membership that includes some rights, duties, and responsibilities encompassing the concepts of equality, justice and independence. The scope and nature of citizenship, at any time is perceived by some interrelated dimensions such as texture, content, depth, and territory. The complete concept of citizenship is obtained only when the barriers on the way of its establishment become identified and removed. This research was conducted with the aim of studying and comparing the attitudes of prisoners and employees of Khalkhal prison toward the rights of citizenship. The theoretical framework of this research was based on the sociological theory of citizenship of Brian. S. Turner and the historical sociology of citizenship of Thomas. H. Marshal. The survey method was employed and data was gathered using a researcher-made questionnaire. The sample size consisted of 157 individuals (25 employees and 132 prisoners) of Khalkhal prison who were selected using whole-counting random sampling technique. Results obtained from perceptual statistics show that, there is a meaningful difference between the attitudes of prisoners and employees toward the rights of citizenship and the employees had a more positive attitude toward the issue comparing to that of prisoners. Employees enjoyed a higher level of civic, political, social and cultural rights comparing to prisoners. Also it is indicated that, the attitudes of the two groups were not different according to their socio-economic bases. Manuscript profile -
Open Access Article
275 - 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
276 - Sociological study of the relationship between symbolic capital and citizenship rights (case study: Tabriz)
Mansour Vosoughi Morteza HazratiThis study investigates the relationship between symbolic capital and citizenship rights. This is descriptive– correlational study and the research method is survey. Data collected by a questionnaire designed by the researcher. Population of the study consisted of MoreThis study investigates the relationship between symbolic capital and citizenship rights. This is descriptive– correlational study and the research method is survey. Data collected by a questionnaire designed by the researcher. Population of the study consisted of fifteen years old people and older. The sample using Cochran formula is 387 people who were selected by systematic and stratified sampling. The results show that there is a relationship between symbolic capital and attitudes towards citizenship, civil and social rights. Also, there isn’t a relationship between symbolic capital and political rights. Manuscript profile -
Open Access Article
277 - The civilians’ rights in Islamic government: reviewing the verdict of apostasy because of its repetition
Abdollah Bagheri seyyed Mohamadsadegh Aahmadi gholamhossien masoodAs far as the penalty of the apostasy is concerned, in case of the repetition of the crime by the accused people, there is a debate among Imamieh religious scholars. The majority of the jurisprudents believe that in case of the repletion of the crime in the fourth MoreAs far as the penalty of the apostasy is concerned, in case of the repetition of the crime by the accused people, there is a debate among Imamieh religious scholars. The majority of the jurisprudents believe that in case of the repletion of the crime in the fourth time, the death penalty is unavoidable. On the contrary, other religious scholars are of the different on the issue. The present study, adopting an analytic and critical stance, has answered the question whether there is a sufficient evidence for accusing the people in the second or third and even the fourth time of apostasy to be sentenced to death penalty or not? The present study capitalizing on Iranian constitution which recommends that we should refer to the Islamic jurisprudence. The present study recommends that not to perform the death penalty in case of repeating the crime considering the fact the in Islamic punishment law, the crime has not been formalized Manuscript profile -
Open Access Article
278 - Conditions of time and place on execution of the punishment of punishment
Mina Akbariasl Mortaza RahimiTemporal and spatial conditions in various ways, such as changing the subject matter of a sentence or its criterion, etc., affect Islamic precepts and occasionally bring about changes that we have examined in these contexts in the present study. The most important purpo MoreTemporal and spatial conditions in various ways, such as changing the subject matter of a sentence or its criterion, etc., affect Islamic precepts and occasionally bring about changes that we have examined in these contexts in the present study. The most important purposes of punishment, including in Islam, are the correction of offenders, so it seems that the form of punishment is not subjective, but rather the result, the correction. One of the important issues facing the implementation of some of the punishments that can be considered as part of the present conditions is the issue of human rights, according to which some of the scope of the punishments are violent, inhumane and in violation of human rights regulations; According to Imamiyyah jurisprudents, it is in the interest of preserving the religion and the Islamic system that it is important and preferable to other interests and necessities, and according to the jurisprudence of the jurisprudence, it is expedient, but jurisprudence. According to these theories and related to some principles of the Constitution of the Islamic Republic of Iran, if the implementation of certain limits Manuscript profile -
Open Access Article
279 - Electronic registration and crime prevention in the legal systems and jurisprudency of Iran and the United Arab Emirates
ali tavasoli Hassan poorbaferani محسن shokrizadeAbstracElectronic registration is a registration with a computer and digital device that is registered by digital means, human and moral rights, to prevent a risk against ownership. Due to the spread of soft crimes, in the contemporary digital and virtual world against MoreAbstracElectronic registration is a registration with a computer and digital device that is registered by digital means, human and moral rights, to prevent a risk against ownership. Due to the spread of soft crimes, in the contemporary digital and virtual world against human material and moral rights , The purpose of the research is to demonstrate how modern registration rights through electronic documents, electronic registries, electronic offices, through digital tools such as electronic signatures, smart ID cards, biometrics and the cadastre system, accomplish the crime prevention process. Research innovation in the extraction of equivalent concepts of electronic registration in religious and jurisprudence such as: preventing immoral action, document validity and document writing ,public consumption And the like with the crime prevention function, in the registration rights environment. Descriptive-analytic research with reasons, documentation and evidence of registry and jurisprudence, It is concluded that: Electronic registration with similar jurisprudential concepts can reduce or eliminate claims in courts and finally prevent crime in the Iranian and Emirates registration right system. Manuscript profile -
Open Access Article
280 - Principles, conflict, disturbance and interference wife's financial rights
محمود رایگان abbas kalantari sajjad nikkhooPrinciples of law are widely used by judges and scholars to infer jurisprudence and legal issues and to resolve legal problems. Some of the conflicts in jurisprudence and law can be identified and resolved through the principles of law. Examples of laws that help resolv MorePrinciples of law are widely used by judges and scholars to infer jurisprudence and legal issues and to resolve legal problems. Some of the conflicts in jurisprudence and law can be identified and resolved through the principles of law. Examples of laws that help resolve legal and legal issues that need to be reviewed include laws relating to a woman's financial rights, such as dowry, alimony, proverbial, asset-allocation requirement, lease and dowry. Apparently, some of these rights are in conflict with one another, which can be applied to legislate and imply a conflict of principles and, in terms of the meaning of the condition, the interference of the couple and the likelihood and obligation of the couple. They checked with Bob Burrows. The present article has analyzed analytically the financial rights of the wife and has found that in some cases there should be a commonality between the conflicts of law, and finally the payment of dowry and interest to the married couple is certain, but in the case of the proverb, divination and the condition of division. Each is enough of the other and a review of these materials is necessary given the drawbacks of the half-asset condition. Manuscript profile -
Open Access Article
281 - Jurisprudential challenges of the right to health with an emphasis on the World Health Organization
siavash aslani میر سجاد سید موسوی علی حاجی پور کندرودSince health is directly related to human well-being and dignity, it is always considered as one of the main factors in evaluating the development of societies. Referring to Islamic sources, including verses, hadiths and jurisprudence books, shows that the religion of I MoreSince health is directly related to human well-being and dignity, it is always considered as one of the main factors in evaluating the development of societies. Referring to Islamic sources, including verses, hadiths and jurisprudence books, shows that the religion of Islam also emphasizes the need to preserve and improve people's health. The United Nations and the World Health Organization, as a general and specialized international organization, have been successful in many of their missions and goals in the field of human health. In jurisprudence, the right to health and life of individuals is overriding other rights. . Knowing the jurisprudential obstacles of the right to health in Islamic sources and the World Health Organization will help organizations providing health rights in improving and strengthening the provision of health services to members of the society. By explaining the obstacles to guarantee this right from the perspective of Islam, the present article emphasizes the necessity of realizing the aforementioned goal by emphasizing the World Health Organization. The questions answered in this article are, firstly, what is Islam's view of health? And secondly, in what documents and how is the right to health recognized in the World Health Organization? The research method of this research is descriptive-analytical and the method of collecting information is based on the library method. Manuscript profile -
Open Access Article
282 - 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
283 - Analysis of the concept of property rights and the evolution of its characteristics in jurisprudence and law
mehdi ghaffarian keblouAbstract The right to property has been the most fundamental and complete objective right of human beings since the creation of human beings. Ownership is a credit relationship between persons and objects that is enshrined in Articles 22 and 47 of the Constitution (resp MoreAbstract The right to property has been the most fundamental and complete objective right of human beings since the creation of human beings. Ownership is a credit relationship between persons and objects that is enshrined in Articles 22 and 47 of the Constitution (respect for The right of property) and in the Shari'ah according to the rule of respect, the verse "the property of false property" and the hadith of the sanctity of Muslim property such as The sanctity of their blood is valued and respected so that a person can, by virtue of this right, be in the object To carry out any seizure within the limits of law and sharia as the owner, and on the other hand for Community members create a normative obligation in the sense that they respect the scope of the owner's personal property. he does. Therefore, ownership is one of the concepts that deals with all members of society and accurate conceptual knowledge It can be of great importance due to its effects on society. Among scholars in the concept of ownership There is no consensus, some do not consider this concept as an independent concept, but should be described as a place. There is an external existence for it and others credit this concept of independent existence. So there are issues As the scope of ownership, the characteristics of ownership will be affected by this concept. Manuscript profile -
Open Access Article
284 - Jurisprudential and legal analysis of the function of the city's Islamic councils in the field of citizen-oriented after the Islamic revolution
Reyhaneh Asadollahzadeh Kenari Ali Babaee mehr Reza Nasiri LarimiThe discussion of councils has a history beyond the era before and after the Islamic revolution and is not a new category that emerged in the contemporary era, but the phenomenon of councils in the religion and Sharia of Islam has a history of about 1400 years and the h MoreThe discussion of councils has a history beyond the era before and after the Islamic revolution and is not a new category that emerged in the contemporary era, but the phenomenon of councils in the religion and Sharia of Islam has a history of about 1400 years and the holy law of Islam in the Holy Quran is based on it. It has been emphasized and clarified and it is mentioned clearly and clearly in the verses "Wamrham Shura Binham" and "Shawrham Fi Al-Amr". Therefore, the importance of the council's role in decisions related to public interests makes it necessary to determine the position and performance of such an institution in the decision-making process in a political and social system. Since the council has its own foundations and evidences in both jurisprudence and law, this essay seeks to analyze and examine the role and performance of the city's Islamic councils in public administration from a jurisprudential and legal point of view. The final goal of this research is to answer the question, what are the functions of Islamic city councils in the field of citizen orientation and making decisions related to public interests, after the Islamic revolution? This research, using library studies, with a descriptive nature, seeks to prove its hypotheses, and it seems that considering that the city's Islamic councils, as a people's elected institution, in relation to other official and government institutions and bodies, and ..... Manuscript profile -
Open Access Article
285 - 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
286 - Prosecutor's Role in Ensuring the Rights of the Accused in the Iranian Islamic Law and Common Law Legal System
Faramaraz Sanjarani Fakhr Hossein Reza Fani Abbas Ali AkbariThe accused person should have some tools to prove his/her innocence. Because this person has a special position in the criminal proceedings while the sovereignty. Some cases have led to the Iranian legislator ignorance of accused person's right in the process of approv MoreThe accused person should have some tools to prove his/her innocence. Because this person has a special position in the criminal proceedings while the sovereignty. Some cases have led to the Iranian legislator ignorance of accused person's right in the process of approving the criminal procedure Law in 2012. These cases are: Iran Criminal Justice System's effectiveness from the inspection system and its limitation like the impossibility of lower's interference during the investigation, ignoring the requirements of a fair trial, working the same authority for referral, prosecution, investigation, trial and execution of the sentence, and the same failure to foresee a differential trial for some crimes such as crimes against security. Prosecutor's office is the first judicial institution in dealing with crime, which has a very vital and fundamental role in filing and creating criminal cases, maintaining their order and creating social and judicial security. We tried to use a descriptive and analytical method in collecting contents from library sources, to evaluate the fundamentals and general principles and provisions governing the accused person's rights and prosecutor's role in this field of Iran legal system and common law. The criminal justice system of our country can be closer to the new criminal justice systems in future developments by localization of some available executions guarantees in the common law. Manuscript profile -
Open Access Article
287 - A Comparative Analysis of the Approaches of the International Human Rights System and the Islamic Republic of Iran towards Cultural Diversity
Shabnam bashirtash Masoumeh Mohebi Saber NiavaraniOne of the problems in the codification of human rights around the world is the relationship with cultural diversity and worldviews in different societies and legal systems. Naturally, there are different cultures and worldviews in human societies, and human rights will MoreOne of the problems in the codification of human rights around the world is the relationship with cultural diversity and worldviews in different societies and legal systems. Naturally, there are different cultures and worldviews in human societies, and human rights will be able to have universality when it can cope with different cultures and worldviews and, while accepting them without digesting them, people of all cultures and worldviews. As a result, indigenous cultures must be considered in human rights issues, and those criteria which are based solely on Western culture, traditions, and philosophy should not be considered universal. In the present analytical-comparative article, the approaches of the international human rights system and also the Islamic Republic of Iran towards cultural diversity and pluralism is examined. The results of the present study show that without respect for different values and cultures in different geographical areas, both developed and developing, such as Iran, we cannot see the realization of universal human rights. In fact, human rights, by their very nature, should not know time and place, and naturally seem to transcend geographical, ideological, and cultural boundaries; But the truth is that rights enshrined in the name of human rights take on different forms depending on the different social and cultural characteristics of the societies in which they are defined. Manuscript profile -
Open Access Article
288 - Women,s Rights in Contemporary Iran:In Struggle Between Tradition and Modernism Case Study; Comparison of the Views of Morteza Motahhari and Dariush Shayegan
پریا اسکندری Mohammad tohidfam رویا منتظمی نساء زاهدیA wide range of studies of women's demands in the contemporary history of Iran is done from the perspective of thinkers and thinkers.If this study is done as a comparison between the opinions of two thinkers with different and sometimes conflicting opinions, it creates MoreA wide range of studies of women's demands in the contemporary history of Iran is done from the perspective of thinkers and thinkers.If this study is done as a comparison between the opinions of two thinkers with different and sometimes conflicting opinions, it creates the potential that the real face of that part of the opinions of a thinker that presented the demands of women more than Make it clear in advance.Among the most important contemporary Iranian thinkers we can mention the works of ez Motahhari and Shayegan.The main question of this research is "What was the approach of Morteza Motahhari and Dariush Shayegan's ideas about women's rights at different times?"This study, in a descriptive and analytical manner and using the analysis of Laclau and Mouffe discourse, has reached the conclusion that the central sign of Morteza Motahhari's discourse in the field of women's rights is influenced by Islam, Shia religion and Quran.And the central sign of Shaygan's discourse in the first period of his intellectual life in the field of women's rights is influenced by Eastern and Asian identities, and in the second and third periods of his intellectual life the central sign of his discourse in the field of women's rights is influenced by modernism and cultural pluralism.The findings of this study indicate that Motahhari's works are closer to the demands of the third wave of feminists and Shaygan's works are closer to the demands of the first and second waves of feminists. Manuscript profile -
Open Access Article
289 - Investigating the right to employment of natural children and the restrictions against it based on jurisprudence and the constitution
Maryam Saadatduorabi Seyedasgari Hoseini moghadam Abbas Mogaddari amiriOne of the fundamental rights of every person is the right to employment. This right can be examined from several perspectives. The first is the right to freely choose a job and the prohibition of forced labor. From this point of view, no one can be forced to do anythin MoreOne of the fundamental rights of every person is the right to employment. This right can be examined from several perspectives. The first is the right to freely choose a job and the prohibition of forced labor. From this point of view, no one can be forced to do anything. From another point of view, the prohibition of slavery is also part of the debate on the right to freely choose a job.Non-discrimination in the selection of workers and the workforce as a whole, as well as non-discrimination in the payment of salaries and benefits, can be examined under this right. The constitution and ordinary laws, including the labor law, have dealt with this issue, and the right to choose a job and the prohibition of any discrimination have been explicitly legislated.These rights are also recognized in international documents and mentioned in the Universal Declaration of Human Rights and the Charter of Civil and Political Rights. Iran has accepted both of the aforementioned documents and is considered as one of the internal and binding regulations based on Article 9 of the Civil Code.However, there are doubts about the right of natural children regarding some jobs such as judging, imam of congregation and Friday, leadership, etc. In this research, we discuss the basis of banning the employment of natural children in these occupations and its limitations.Contrary to what has been popularized, in practice, it is rarely possible to prohibit a person from working in these jobs based Manuscript profile -
Open Access Article
290 - The possibility of inferring the justice system as fairness from within the discourses of the Islamic Republic
afshin habibzadeh kolli Reza Akbari noori khodayar mortazavi aslThe concept of justice and the system based on it has always been one of the important topics of political thought and philosophy. John Rawls, one of the greatest contemporary political philosophers of the West, in his book Justice as Fairness, tries to explain in a pol MoreThe concept of justice and the system based on it has always been one of the important topics of political thought and philosophy. John Rawls, one of the greatest contemporary political philosophers of the West, in his book Justice as Fairness, tries to explain in a political understanding of justice, the necessities of realizing the greatest possible freedom and equality for the citizens of a democratic society.The main question is to what extent is it possible to infer the justice system as fairness according to Rawls from the discourses of the Islamic Republic? In this connection, one of the main topics is the discussion about the ratio of public interests and individual and group interests, because according to Rawls, the justice system is the institutionalized area of public interests, which is due to the institutions of the basic structure of society, which is also associated with the existence of the country or The existence of the nation-state is ongoing. In this regard, the opinions of Morteza Motahari and Abdullah Javadi Amoli, two well-known clerics, have been examined as the main conceptualizers of the analysis of the discourse of justice, from which the possibility of extracting a theory of justice close to justice as fairness can be calculated. The result is that Motahari's point of view is more capable of interpreting the justice system as fairness in the discourse of political Islam than Javadi Amoli's point of view. Manuscript profile -
Open Access Article
291 - Dimensions and Analysis of Civil Rights; Education and Training Solutions for Civil Rights
رضاعلی محسنیIn general, citizenship right is defined in terms of three principles of civic, political and social rights. These rights are considered to be the main constituents of human rights. Citizens in democratic societies enjoy the rights and privileges granted to the citizens MoreIn general, citizenship right is defined in terms of three principles of civic, political and social rights. These rights are considered to be the main constituents of human rights. Citizens in democratic societies enjoy the rights and privileges granted to the citizens by the constitution, civil law and other social rules and regulations. Citizenship as a status and modern social role is composed of an interdepended collection of inclusive equal rights and duties, social belonging, the enjoyment of justice and equal protection of law irrespective of the race, ethnicity, class, culture and religion. Problems and obstacles accompanying the administration of the rights of citizenship in Iran, are more than anything else, obscurity surrounding the citizenship status, unfamiliarity of citizens of their rights and obligations, the lack of opportunity to train and educate citizens of their civil rights and finaly internalization of these rights by individuals in various layers of society. This article explores factors serving as obstacles to the citizen’s awareness of their civil rights and then offers viable procedural approaches to the realization and administration of civil rights. Manuscript profile -
Open Access Article
292 - National Identity and the Right of Citizens in Iran: Bilateral and Multilateral Dialogue of Nation-State
سیدحسین سیف زاده احد نوری اصلAlong the line of changes in the internal order and the globalized environment, the need for conceptual framework for understanding pluralistic identity of Iranian society is felt. In spite of this civic need, neither the past order due to the ethnic integration could h MoreAlong the line of changes in the internal order and the globalized environment, the need for conceptual framework for understanding pluralistic identity of Iranian society is felt. In spite of this civic need, neither the past order due to the ethnic integration could have preserved the Iranian identity prior to the modernity nor is the attempt for replacing the national identity with other identity could be internalized. In this article, the capability of the model” identity discourse’ in materialization of ideals in constitutions and the realization of the rights of citizens is examined. So, the hypothesis presented is that with the model of “identity discourse” the harmony of Iranian national identity in a changing environment of the new order could be preserved. Social harmony is obtained on the base of the role played by the institutions of nation-state. However, in spite of modernity outlook, the identity of other layers of society is not going to be seriously threatened or ruined. Manuscript profile -
Open Access Article
293 - Lapse and Vengeance Right
ali akbar izadifard mohammad mohseni fatemeh babniaprescription is a law principle which oversees the verdicts, trials and pronouncements and according to the significant effects it has in people's commercial and law relationship, it enjoys a particular judicial position based upon this principle's tenets, if the person Moreprescription is a law principle which oversees the verdicts, trials and pronouncements and according to the significant effects it has in people's commercial and law relationship, it enjoys a particular judicial position based upon this principle's tenets, if the person doesn't ask for the lawsuit during the determinate time in order to regain his rights, his rights will be evanesced or at least it may cause his lawsuit not to be listened and consequently this will result in negation of the person's ownership domination over his right. On the counter point, according to Shiite religious jurists, the right for taking vengeance will not be integrated and whenever the qualifications exist and there is no contradiction, it will be applicable. Since taking vengeance is considered as a right of creditor over debtor, presuming that we accept "prescription" there will be an evident conflict between the prescription principle and the right for taking vengeance. Religious jurists by referring to this principle that " الØقّ قدیم، لا یبطله الشئ" do not include the exertion of the right for vengeance within the 'prescription principle', so they consider it preferential to the 'prescription principle'. It seems that by affirming symptoms evidence, the right for vengeance will be negated and will not be applicable. Manuscript profile -
Open Access Article
294 - Analyzing the Judicial Reasons of Opponents of Women's Political Velayat in Shiite Jurisprudence
mohammad etratdoust seyyed mohammad vazirifardPolitical participation of women in society has recently been more considered. Therefore, and because of some juridical doubts about the women's political Velayat(super authority), juridical analysis of this issue seems to be important. Hence in this paper, possibility MorePolitical participation of women in society has recently been more considered. Therefore, and because of some juridical doubts about the women's political Velayat(super authority), juridical analysis of this issue seems to be important. Hence in this paper, possibility and permit's range of women's political Velayat by study the Quran and Hadith and jurists and commentators' dictum is surveyed. By the result of the study it became clear that we can't lean decisively on the Quran's Verses to forbid women's political Velayat Though – in case of being permitted- some of them could be used as evidence. But according to the famous Prophetic Hadith, A book Hadijeh's one and consensus of scholars of Shiah and Sunnis in prohibiting general Velayat for women, we can adjudicate banning political Vilayat for the ruler of Muslim Ummah in general and supreme leader (Valiye Faqih) for women. But we can't adjudicate so for lower levels and in the Velayat such as of the president and members of parliament and ministers and other Managers. Manuscript profile -
Open Access Article
295 - Effect of Contract Breach Indemnity in Rescission Right (Comparative Study in Important International Instruments and Juridical and Legal System of Iran
rahim vakilzadeh majid abbasi reza ranjbar majid abbasiThe principle of importance and strength of contracts and attempt to dissolute it unreasonably is one of fundamental principles for compiling acts and rules, that is, this matter is one of the greatest concerns for compilers of international deeds and documents . An att MoreThe principle of importance and strength of contracts and attempt to dissolute it unreasonably is one of fundamental principles for compiling acts and rules, that is, this matter is one of the greatest concerns for compilers of international deeds and documents . An attempt is here to answer this question if violator of fulfilling the contract before cancelling the contract by the person who has the right of option removes the factors which caused the option, the right of cancellation will be removed or not. To answer this question , first of all the views of Shiite jurisprudents and Iranian's legislators has been studied and then a comparative study has been made in three international documents and deeds, that is, convention on international sales of goods' , law principles of European contracts and principles of international commercial contracts for coming to a reasonable result . Manuscript profile -
Open Access Article
296 - A Survey on the Bases and Conditions of Insolvency Option
Mostafa ElsanIn the bilateral contracts there is a reasonable balance between considerations of both parties. Non-fulfillment by one party or frustration of contract by one of the parties is creating an option to the other party of those contracts including option of delayed payment MoreIn the bilateral contracts there is a reasonable balance between considerations of both parties. Non-fulfillment by one party or frustration of contract by one of the parties is creating an option to the other party of those contracts including option of delayed payment of price and option of unfulfilled sale in part. Insolvency option is one of these rights which enacted for protection of the party who has to fulfill his promise or is willing to fulfill his contractual obligation. This legal option to terminate of contract is based on Islamic jurisprudence and predicted in the article 380 of Iranian civil code. In addition, there are articles in Iranian commercial code which relating to the right to retention or retaking of goods which loan or sold to bankrupted merchant. This paper has analyzed the subject in Islamic jurisprudence and Iranian related Acts. Manuscript profile -
Open Access Article
297 - Legal Effects of Third Party's Commitment to Pay Dowry
Ali Tavalaei Ramin Poursaeed Mohammadyar Arshadi Abdolrasou Dayani azam ebrahimiIn marriage the husband is obliged to give money as dowry to the woman or to take it as a commitment. There is no legal reason that the dowry shall be the property of the husband. So someone other than husband can give or be obligated to pay dowry. Party's commitment to MoreIn marriage the husband is obliged to give money as dowry to the woman or to take it as a commitment. There is no legal reason that the dowry shall be the property of the husband. So someone other than husband can give or be obligated to pay dowry. Party's commitment to pay the dowry involves several legal effects. The basic question in this context is that the commitment of third party is equal to pay dowry by husband himself or it is different? There are many similarities between the two cases, but in dissolution of the marriage commitment and the right of lien, some differences are seen. This article surveys these differences in Imamiyah jurisprudence with emphasizing on Iran's civil law. Manuscript profile -
Open Access Article
298 - Scope of Woman's Witness and Evidence in Islam
Mohammad Sadri Khadijeh SadeghiNowadays, the equality or inequality of women's rights in the society (both inside the country and abroad) is considered as a significant and challenging problem, and the enemy's wrong inspiration and advertisement called soft war has had a growing influence on cr MoreNowadays, the equality or inequality of women's rights in the society (both inside the country and abroad) is considered as a significant and challenging problem, and the enemy's wrong inspiration and advertisement called soft war has had a growing influence on creating doubt and suspicion, and women's right of witness have been included among discussions about women's rights. Regardless of the fact that the subject of women's witness is considered among the categories of assignments rather than right, this study has tried to do an exploration on women's right and its acceptable cases. By referring the legal sources and a careful thought, it becomes clear that Priestly women's witness in all cases of financial or nonfinancial matters with some details is accepted. It is not accepted in just a few cases due to the women's nobility and respect, Islam's attention to mitigation, compassion or other specific reasons such as preventing the promotion of obscene acts. Secondly, the inequality of the number of men and women witness, according to the Quranic verses, and because of the vitality of lateral incoming features is limited to the financial affairs and it is ignored in others cases. Manuscript profile -
Open Access Article
299 - Effects of Wifeâs Psychiatric Disorders upon Custody
Zeynab Mashoudi hassan abedian mohammadmehdi Ahmadi alireza asgari   One of the current challenges is the issued verdicts regarding the custody of mothers suffering from mental disorders which, due to lack of accurate regulations, causes these people to be categorized as insane individuals. This study is aimed at distinguishing More   One of the current challenges is the issued verdicts regarding the custody of mothers suffering from mental disorders which, due to lack of accurate regulations, causes these people to be categorized as insane individuals. This study is aimed at distinguishing mental disorders from the insanity of the mother so that we could help enact laws and regulations to protect the rights of these persons. Findings of this study are as follow: if the mother is suffering from mental disorders, first the type of mental disorder should be determined for the court and after that her eligibility for the custody of the child should be investigated since mental disorders come under the general term insanity and are categorized into three groups: schizophrenia, minor insanity and foolishness. If the mother is suffering from a mental disorder, her right to the custody cannot be taken away based on their insanity. In cases where the mother is suffering from minor insanity or foolishness, proper mental conditions exist for granting the custody and in some cases even the custody itself can make the mother recover from her mental problem. However, a mother suffering from schizophrenia is not curable and she cannot be granted the custody of children because it may be detrimental to the children in which case she cannot have the right to custody. Manuscript profile -
Open Access Article
300 - Formation of Judicial Principles of Munificence
majid vaziri mahjobeh abdedi Inherent dignity is the honor and prestige that all humans share it naturally and innately for being a human being and from religious point of view this right is fixed even for human fetus. In this study the aim is to form jurisprudential principles for mun More Inherent dignity is the honor and prestige that all humans share it naturally and innately for being a human being and from religious point of view this right is fixed even for human fetus. In this study the aim is to form jurisprudential principles for munificence. It roots from the same fact that the same method establishes the requirements of social and governmental jurisprudence. In this regard, by analyzing the concept and principles of dignity, legal reasons, and points of view of scholars it could possible to notice this important issue. The notion of inherent dignity has a legal and intellectual support. According to above mentioned materials the principle is as follows “every human being is noble unless something prevent it” that is all human beings are decent unless “ those who exit it by some reason”. According the “inherent dignity” principle, there is a logical proportion between crime and punishment. Everyone is subject to punishment against committing crimes. The inherent dignity prevents multi-punishment for one crime but it does not deny the crime itself. And through dignity, no artificial wisdom and family lineage and presidential relations, will not prevent imposing penalties through forgiveness. The principles of jurisprudential principles have got some effects and results including maintaining dignity, and special rights for all human being which could not be denied. For example, the right to live, the right to respect and dignity, right of piety, the right for justice, the right for equal opportunities, social welfare and insurance, proportion between crime and penalties without humiliation and torture or any kind of intimidation and negation of rights. Manuscript profile -
Open Access Article
301 - Reading out Indemnification of Spiritual Perdition's Juridical Bases with Approach of Spousal's Spiritual Rights
masoumeh mazaheri maryam mohajeriIndemnification of perdition is important issue that recognized as basic and foundational stone of the civil responsibility Although the essentiality of indemnification of the spiritual perdition, civil responsibility of law accordance, is common essentiality and it can MoreIndemnification of perdition is important issue that recognized as basic and foundational stone of the civil responsibility Although the essentiality of indemnification of the spiritual perdition, civil responsibility of law accordance, is common essentiality and it can extended to the family. But this law is not sufficient for indemnification of spousal spiritual perdition. Because of certainly it has spoken that people should accept indemnification of spiritual and materialist perdition, However, Strategies that adopted about indemnification of spousal spiritual perdition should be imposed in direction of honor the family, with this point that the nature of the family with other organic systems is different. This research is intended to answer to this question: Has the Iranian legal system a juridical capacity that consider to indemnification of spiritual perdition and indemnification ways in the statute? With review and contemplation in the jurisprudence bases, we can say that: indemnification of spousal spiritual perdition is possible but unfortunately, existing assurances couldn't protect and keep family, because of this issue doesn’t known very well and most of time had minor and trivial point in some laws. So paying attention to it in spousal relationship is essential and important, because of with effective and useful strategies can enacted some laws that keep family nature and restore spousal perdition. Identify examples of spiritual perdition in spousal's spiritual rights and providing appropriate practical solutions with using juridical capacity to spiritual perdition in direction of protect the rights of spouses with the purpose of the family bonds and bases are Innovations of this essay. Manuscript profile -
Open Access Article
302 - Reverence for Life and Legislative Developments in Iran
mohsen eyni masoud alborzi amin malekiIran’s legislature, influenced by the law of Islam and moving along the reverence for life, has criminalized all crimes involving deprivation of life, whether intentional or unintentional, and provided for them both criminal and civil sanctions. Nevertheless, some leg MoreIran’s legislature, influenced by the law of Islam and moving along the reverence for life, has criminalized all crimes involving deprivation of life, whether intentional or unintentional, and provided for them both criminal and civil sanctions. Nevertheless, some legal rules, especially in the Islamic Penal Code of 1370, are in disagreement with the observance of the human life. The most important of these rules, among others, are: devolution of enforcing penalties involving deprivation of life to private persons in Article 295, note 2, and Article 266 of the Islamic Penal Code existence of the penalty of Rajm (stoning to death) in Article 83 of the Code execution of persons under the age of 18 and ambiguity in the Code regarding the deserved punishment for persons accused of mercy killing. These faults have induced the legislature to create some modifications in the Bill of Islamic Penal Code of1390 in which: the enforcement of penalties involving deprivation of life has, as a general rule, been devoted to the courts no express mention has been made to the penalty of Rajm ambiguity regarding the deserved punishment for persons accused of mercy killing has been avoided and some particular limitations have been attached tothe enforcement of penalties involving deprivation of life against persons under the age of 18. Despite these improvements, the Bill is not devoid of deficiencies and the present study is intended to clarify its faults and, at the same time, to recommend some positive suggestions. Manuscript profile -
Open Access Article
303 - Lawful-Juridical Survey of Imprisonment Invalidation Right in Marriage Contract
mahmoud ghayemzadehImprisonment right is considered as one of the concerned issues for families which can affect on the couple's mutual relations and commitments. As a result, invalidating the imprisonment right is of high significance. The present article studies the legal and juridical MoreImprisonment right is considered as one of the concerned issues for families which can affect on the couple's mutual relations and commitments. As a result, invalidating the imprisonment right is of high significance. The present article studies the legal and juridical cases, invalidating imprisonment in marriage contract, through library approach. It also presents the frequently asked questions in this regard and attempts to provide appropriate answers to them and clarifies the ambiguities over the issue. It is noteworthy to mention that this study considers the imprisonment right for wife in particular however, at its end parts, the author deals with the husband imprisonment right, too. Manuscript profile -
Open Access Article
304 - Accuser rights in first section of primary civil procedure (Relying on principles of Imamiyah Jurisprudence)
mohammad mahdi zarei saeed ebrahimi hadi hajianاصحاب دعوا در مراحل دادرسی مدنی دارای حقوق و تکالیفی می باشند. بر اساس مقررات و مواد قانونی، دادرسی مذکور به سه مرحله بدوی، تجدید نظر و فرجام تقسیم می شود و هریک از این مراحل دارای مقاطعی بوده که طرفین در آن مقاطع نیز از حقوق و اختیاراتی برخوردارند. مرحله اول دادرسی مدن Moreاصحاب دعوا در مراحل دادرسی مدنی دارای حقوق و تکالیفی می باشند. بر اساس مقررات و مواد قانونی، دادرسی مذکور به سه مرحله بدوی، تجدید نظر و فرجام تقسیم می شود و هریک از این مراحل دارای مقاطعی بوده که طرفین در آن مقاطع نیز از حقوق و اختیاراتی برخوردارند. مرحله اول دادرسی مدنی که متشکل از چهار مقطع «تا اولین جلسه ی دادرسی»، «تا پایان اوّلین جلسه ی دادرسی»، «تا ختم مذاکرات طرفین» و «ختم دادرسی» است، نقش بسزایی در شکل گیری دادخواهی دارد. اما به دلیل گستردگی مباحث، هریک از مقاطع قابلیت بررسی و واکاوی مستقل را دارد، بدین منظور در نوشتار پیش رو پس از طرح مسائل بنیادین، صرفاً مقطع یکم یعنی «تا اولین جلسه دادرسی» با نگاه به مبانی فقهی مورد بررسی قرار گرفته است. با توجه به مفهوم مقطع مذکور نهایتاً به این نتیجه رسیدیم که بر اساس مبانی فقهی، خواهان در این مقطع از امتیازات ویژه ای برخوردار است. "استرداد دادخواست" و "ایراد به اصالت سند" از بارزترین حقوق مدعی در مقطع مذکور می باشد. بنابراین خواهان با آگاهی از حقوق و تکالیف قانونی خود می تواند از حقوق خود بهره مند شود که این بهره مندی مستظهر به اقوال و ادله فقها می باشد. همچنین بر اساس قاعده تسلیط و اصل آزادی اراده، و نیز از منظر مبانی فقهی، خواهان، مختار است از حقوق مطرح در این مقطع و نیز در مواردی برای استیفای کامل حقوق خود در مقطع دوم برخوردار شود. Manuscript profile -
Open Access Article
305 - Judicial-Legal Analysis of the Nature of Spontaneous Termination for Contracts
saeed ebrahimi ayoub mansouri mohammad bayNormally, it is incorporated provisions during setting sale property promises that sometimes recognizing them is the origin of some differences among the contract parties and courts. Considering the fact that nowadays the main part of exchanges are occurred as credit, t MoreNormally, it is incorporated provisions during setting sale property promises that sometimes recognizing them is the origin of some differences among the contract parties and courts. Considering the fact that nowadays the main part of exchanges are occurred as credit, the seller of commodities suspend the termination of exchange with failure to pay the price in the text of contraction and or in its description section in order to escaping from the long process of trial and the enforcement of sentences. It is commonly interpreted as the termination spontaneous bets of the contract. There are doubts and criticisms about the nature and validity of such term. Regarding to that in jurisprudence writings and the legal works, it has not surveyed the nature of discussed assumption and drawbacks on it so much, in the present article while substantive reviewing of the above mentioned bets and responding to the criticisms said and comparing it with the similar institutions, its justification has been accepted in the form of pending the outcome of bets. Manuscript profile -
Open Access Article
306 - To Study the Effect of Suspended Contract
Ali Akbar Izadifard Hamid Abhary Javad HashemiThe status of suspended contract is unclear. Perhaps it can be conceived that suspended contract won’t affect legally if the suspension act con’t beoccurred. Based on jurists’ viewpoints, there is an original right which isobvious not probable in this MoreThe status of suspended contract is unclear. Perhaps it can be conceived that suspended contract won’t affect legally if the suspension act con’t beoccurred. Based on jurists’ viewpoints, there is an original right which isobvious not probable in this regard. This right which called “ALI Right” affect on both parties’ relation oftransaction and relations of the third persons too. In this article, the authors analysed the above mentioned subjectcompletely. Manuscript profile -
Open Access Article
307 - The Professional Ethics of Industries in Shiite Jurisprudence and Professional Texts (Case Study: the Right of Supervision over Industries)
Mehrdad Aghasharifian Parviz Rastegar Jazi Mohsen Ghasempour RavandiThe Shiite jurisprudence, due to its comprehensiveness, is one of the richest and most important sources which can be applied in studying the etiquettes and moralities involved in business. The jurists have mentioned various teachings in form of religious precepts inclu MoreThe Shiite jurisprudence, due to its comprehensiveness, is one of the richest and most important sources which can be applied in studying the etiquettes and moralities involved in business. The jurists have mentioned various teachings in form of religious precepts including obligatory, unlawful, recommended and disliked rules in the legal works devoted to business and trading in Islam. Such legal teachings can create certain principles and bases known as professional ethics used in the fields of economics, business and industries. Furthermore, such principles have been reflected in some professional texts, particularly in some chivalry-manifestos presented by certain business. This essay, as a legal research, seeks to indicate the degree of Shiite jurisprudential influence on the emergence of specific principles of professional ethics in different business using a library base and descriptive method and by comparing the legal texts on the one hand and the professional texts on the other. The main question which this essay tries to answer is to know what principles can be inferred from analyzing and comparing the Shiite jurisprudential teachings and the professional texts written in this regard. Based on the findings of this article, the following principles can be extracted from the above mentioned analysis: the obligation of providing livelihood, and giving reverence to business, the necessity of gaining knowledge for business, the necessity of pursuing the example of religious role models in different businesses, the requirement of attending to ethics and spirituality in work, the obligation of adding prayer and devotion in all works. The blessing in work and business can take place in the light of proper businesses which can be achieved through legal analysis and by supervising the jobs as one of the principles of professional ethics in business. Manuscript profile -
Open Access Article
308 - Goodwill, right of business and profession and its position in the topic of endowment
Zahra Aleeshagh KHoeyni Maryam Mehdipor KHeradmardi Zahra Sadat MirhashemiThe right of goodwill and the right of business and occupation are both of the accrued rights, and while they have similarities, they are different from each other. Goodwill is an amount that the owner takes from the tenant at the beginning of the lease, apart from the MoreThe right of goodwill and the right of business and occupation are both of the accrued rights, and while they have similarities, they are different from each other. Goodwill is an amount that the owner takes from the tenant at the beginning of the lease, apart from the leased property, in order to rent and transfer the place to him, but the right to earn or trade or profession is a right that is created as a result of economic prosperity in the place and due to the activity of the tenant. comes. In some cases of endowment of commercial properties, there is a conflict between the two mentioned rights and endowment rights, which has many consequences in practice. If the commercial property is leased with the right of goodwill or the right of occupation is assigned to it, with the passage of time, there will be practically no benefits to spend for the purpose of endowment. On the other hand, the laws have recognized both the right of goodwill and the right of business and profession. Based on this, in case of stopping the lease or selling the endowment property or changing its use or any action that causes the loss of the provisions of the original contract, if the tenant has not violated the provisions of the law and the original contract, there is no right to ignore these acquired rights. However, if the tenant's violation is confirmed, or if the tenant has closed the leased property during the lease period, he will not have the right to trade, because basically, the tenant has no right to qualify for the privileges of commercial premises. Regarding the endowment rights, the laws and consensus of jurists show that there are two solutions in the above conditions: 1- Changing the use and revitalizing the endowment, 2- Ending the endowment. Manuscript profile -
Open Access Article
309 - The government's civil responsibility in protecting citizens' health from the perspective of Shia jurisprudence, citizenship rights and international documents
hossein esmail zade Abbas Moghaddari Aimiri Abdolhamid MortazaviThe right to health and treatment, as one of the obligations of the government, provides the necessary platform for better implementation, and citizens will be able to achieve their legal rights in a better way. Governments have duties to protect the health of citizens, MoreThe right to health and treatment, as one of the obligations of the government, provides the necessary platform for better implementation, and citizens will be able to achieve their legal rights in a better way. Governments have duties to protect the health of citizens, and if the government does not fulfill its obligations and causes damage to citizens, the government must compensate for the damage. Especially since the government is fully responsible for providing public health and meeting medical needs, according to the covenant between the nation and the government and international agreements and obligations. Therefore, the civil responsibility of the government means the responsibility arising from the activities of the government. Therefore, it will be stated in this article, the government's responsibility may be due to the failure to fulfill the duties towards the people, the undesired performance of the duties, or the delay in the fulfillment of the duties and obligations of the government towards the people. Therefore, the civil responsibility of the government may be due to the performance of the government or government employees who have played a role in the occurrence of factors that affect the health of the people, or they did not do so in situations where they could have prevented it or solved it. Manuscript profile -
Open Access Article
310 - Diya for Women and the Legal Policy of Iran: From Commitment to the Principles of Islamic Jurisprudence (fiqh) to Human Rights Standards
Ghader Ahmadi Ahmad Moradkhani Sayyad Mohammad Mahdi Ahmadi Aliraza AsghariThe obligation to compensate for the damages incurred on individuals is regarded as one of the most important principles of Fiqh and Law, and the bodily harms to women are included among compensable bodily damages. In case of harm, a financial compensation known as Diya MoreThe obligation to compensate for the damages incurred on individuals is regarded as one of the most important principles of Fiqh and Law, and the bodily harms to women are included among compensable bodily damages. In case of harm, a financial compensation known as Diya is paid to the injured person, while in the pre-revolutionary laws of Iran, no reference was made to such financial compensations for damage. But with the victory of Islamic revolution and adopting of the Constitutional Law, an appropriate ground was developed for the judicial system of Iran to be adapted with Islamic legal principles as well as with the Shi'a Twelver doctrine. With the enactment of the Diyat Law, the amount of Diya for women was reduced to half the amount of Diya for men, in some cases. Due to the perception that exist about Islam enjoying a perfect legal system and assigning a fundamental role to women as well as the international adverse publicity of the ongoing law, the Legislature proceeded to resolve the problem of inequity of Diya for women and men re-codifying the Islamic Penal Code, enacted 2013, in order to disregard the gender for damage compensation and to observe the international norms. The legislators introduced the law that the government has to pay the balance of inequity of Diya for women. Manuscript profile -
Open Access Article
311 - Legal and Jurisprudential Analysis of the Barriers in Transferring Author's Moral Rights
Ali Amininezhad Seyyed Hossein SafaeiIn This study, the transfer of author's moral rights will be considered in legal and jurisprudence's point of view. Despite evidence of possibility for the transfer of author's economic rights, the possibility for transfer of moral rights is doubtful. To find the correc MoreIn This study, the transfer of author's moral rights will be considered in legal and jurisprudence's point of view. Despite evidence of possibility for the transfer of author's economic rights, the possibility for transfer of moral rights is doubtful. To find the correct answer, first of all we tried to identify and analyze conceptions of RIGHT, AUTHOR, and types of transfer and then we will consider barriers of transfer of this type of rights from legal and jurisprudence's point of view. Generally, legislators are opposed to the optional transfer of moral rights as they suppose it as one's integral part of author's personality. Islamic jurists besides their opposition of authors' optional transfer of moral rights announced their opposition because of lies and frauds occurrence in the issue. Authors believed that attention to the target oriented jurisprudence and understanding the nature of emerging issues helps to a correct analysis; authors believe that the barriers on transfer of the right has been well criticized and analyzed here. Manuscript profile -
Open Access Article
312 - A Comparative Study of the Relationship between Submission and Alimony in Shia and Sunni jurisprudents' Views
Abdol Rasoul Ahmadian Women's sexual submission (Tamkin) refers to the consequences of living up to their marital obligations. The male spouse, on the other hand, has some duties to his wife which paying alimony is one of them according to custom and law. There More Women's sexual submission (Tamkin) refers to the consequences of living up to their marital obligations. The male spouse, on the other hand, has some duties to his wife which paying alimony is one of them according to custom and law. There are many verses and narratives that can be used to prove the necessity of paying alimony and considering the extent of sexual submission. Focusing on Shia and Sunni jurisprudents' views, the main purpose of this study was to investigate the relationship between the alimony and sexual submission as well as clarify its principles in detail. There are three points of view from which the necessity to pay alimony can be considered among Imamiyah Jurists. Tamkin, or unhampered sexual access, has been regarded as a replacement or quasi-replacement for the monetary and alimony condition by famous Fiqh scholars. Some believe that marriage contract is to establish arrangements for paying alimony, unless those women who refuse to fulfil their marital duties, while others are in consensus that alimony is necessary due to the fact that the male spouse is assigned to preside over family life and the female spouse should conform to the authority and will of her male spouse. Hence, there are two points of view among Islamic jurists; famous fiqh scholars believe that female spouse is not entitled to receive alimony if she refuses to fulfil their marital duties. On the contrary, the proponents of Hakam Ibn Otaibah and Zahiri schools of thought believe that those female spouses who are disobedient and refuse to fulfil their marital duties can also receive alimony that they deserve to be paid off. The differences between these two types of comments will result in radically different legal effects. For example, if there is a disagreement on alimony, there will be a challange between plaintiff and defendant. Focusing on Shia and Sunni jurisprudents' views, an attempt has been made to investigate the relationship between the alimony-based sexual submission and its principles in detail. Manuscript profile -
Open Access Article
313 - The Condition for the Spousal Alimony Abatement attached to Marriage Contract
Zohreh Hajian Foroshani Seyyed Abolghasem Naghibi One of the important works of marriage in Islamic law is the requirement for husband to give alimony to the spousal. If the husband make provision while the marriage contract for the spousal not to benefit from alimony or only to benefit f More One of the important works of marriage in Islamic law is the requirement for husband to give alimony to the spousal. If the husband make provision while the marriage contract for the spousal not to benefit from alimony or only to benefit from a part of it, the validity of such a condition is based on the fact that alimony is considered as an instance of right. Its abatement is also true for the future because only a right can be abated by the condition of the marriage contract that, its abatement is true regardless of the condition. In this paper, the issue of the condition for the alimony abatement of the spousal is studied sing the analytical-inferential method and collecting the required information in a library method and according to narratives, and since, like other deities, the property of the abatement potential and transfer through inheritance and reconciliation is true in the spousal alimony, it should be considered as right. Also, given that the abatement of the spousal alimony is true for all future time and the abatement condition is not contrary to the public rules, the alimony abatement condition of the spousal is valid during the marriage contract. Manuscript profile -
Open Access Article
314 - The Study of the Nature of the Waiving Legal Right in Jurisprudence and Law
Ahmad Reza Hasankhani Seyed Abolghasem Naghibi Sayyd Mohammad Sadri Ahmad BagheriThe principle of possibility of waiving the legal right is one of the accepted principles in private law. Any owner of light may, without considering the principle of the rule of will (Article 10 of the Civil Code) and the rule of absolute authority (domination) (Articl MoreThe principle of possibility of waiving the legal right is one of the accepted principles in private law. Any owner of light may, without considering the principle of the rule of will (Article 10 of the Civil Code) and the rule of absolute authority (domination) (Article 30 of the Civil Code), waive his/her right in form of a legal exercise; Unless such a waiving is contrary to the rules and regulations of the matter, public order and good morals. In the jurisprudential teachings, the proposition “al-haqq qābilun lil-isqāt” is one of the general propositions that can be mentioned as a jurisprudential rule. Various theories have been put forward as to the nature of waiving the legal rights and its qualities, however finally it can be claimed that the right, whether it means absolute authority (domination) or property or a type and degree of it, the owner of the right is the owner and dominator on it. The necessity of this matter is the ability and power of the owner to make all kinds of taking right, including waiving the right. This innovative study investigates the nature of waiving the legal right and its acceptance as a jurisprudential rule by carefully considering the theories of jurists. Manuscript profile -
Open Access Article
315 - Jurisprudence-Legal Principles of Confiscation Insurance
ali jafarzadeh shahi قادر شنیور Jamshid Yahya pourConfiscation is one of the institutes enacted by the legislator to protect the right of winning party and/or the claimant and ensure individuals' right. It is based on protecting individuals' right. However, carrying out these regulations can weaken the social and econo MoreConfiscation is one of the institutes enacted by the legislator to protect the right of winning party and/or the claimant and ensure individuals' right. It is based on protecting individuals' right. However, carrying out these regulations can weaken the social and economic aspects of the society. But today, laws should be comprehensive and consider group rights in addition to individuals' right. In this way, existential principles which are the philosophy of enacting the current regulations are criticized in addition to presenting a new definition for confiscation and investigating social and economic model-setting principles; and by presenting a new theory for confiscation, we move toward socializing law and protecting individuals' rights and jurisprudence and legal principles of insuring confiscated properties are studied based on development of the wise, rule of prohibition of detriment, the inclusion of generalities and applications of evidence. Manuscript profile -
Open Access Article
316 - Jurisprudence and legal review of factoring (agency) with the right of reference
Vahid Shahandeh Ali Akbar IzadifardAgent is a method of financing in which an issuer transfers its receivables to a specific institution so that the latter institution manages, collects, or discounts the receivables. This contract has various types and since the agency contract (factoring) is one of the MoreAgent is a method of financing in which an issuer transfers its receivables to a specific institution so that the latter institution manages, collects, or discounts the receivables. This contract has various types and since the agency contract (factoring) is one of the emerging contracts in Iran and recently some institutions conclude contracts with their customers through this process and since enough researches have not been done in this regard, it is necessary to analyze the types of this contract in the light of the use of jurisprudential and legal rules and principles and to apply it with similar institutions in Imami jurisprudence and the subject law, as well as the legitimacy and illegitimacy of the agency under consideration. This study has entered into the discussion to understand the position of the subject of agency, based on the existing jurisprudential and legal rules with the approach of referring to the opinions of jurists and great authorities. The conclusion is that this contract is not generally contrary to the rules of Imami jurisprudence and the subject law of Iran, and if it encounters a problem somewhere, it is possible to provide a solution to solve that problem so that institutions and banks can use this contract between themselves and their customers. However, it is necessary to study and compare the laws of countries with the law of the agency and consider the jurisprudential and legal principles. The contract should be established and implemented in the country so that those laws can be used whenever necessary. Manuscript profile -
Open Access Article
317 - Contradictory Transactions Subject to Legal Action in the Five Religions and Iranian Law
Sayyd Zaman Daryabari Naser Marivani Mohammad Adel ZiaeeContradictory possession means the non-fulfillment of the condition stated in the contract. According to the terms of the contract, the violation of the condition can be examined in three cases of violation of the condition of the adjective, verb and result. Considering MoreContradictory possession means the non-fulfillment of the condition stated in the contract. According to the terms of the contract, the violation of the condition can be examined in three cases of violation of the condition of the adjective, verb and result. Considering that the parties to the contract have considered a specific purpose and motivation for inserting the condition in the contract, without a doubt their relationship is effective and creates legal conditions for constitutionalism. The jurists disagree on the freedom of contract and on freedom of condition, along with contracts, but in this case they agree that whenever a contract is concluded with full pillars and conditions, it will have binding power. This study, by descriptively examining the views of Imami and Sunni jurists and analyzing its reasons, has considered the legal act (contract or iqa ') that has been done against the condition to be correct, but the constitutional case can take two steps against violating the condition: First, it can be contractual. To terminate the condition in which the condition is stated and, secondly, to request compensation in case of conditional violation against the damage caused to him. Of course, in some cases, such as marriage, etc., this general rule must be deviated, as in some cases, the legislature has deviated Manuscript profile -
Open Access Article
318 - The Patent Right
Mohammad SadeghiThe Patent Right is a rational validity that is established between a person and an object or a place. There are some arguments and disagreements about the nature of the patent right‒is the financial right considered a kind of possession, kingdom, or priority? Also, the MoreThe Patent Right is a rational validity that is established between a person and an object or a place. There are some arguments and disagreements about the nature of the patent right‒is the financial right considered a kind of possession, kingdom, or priority? Also, there are some disagreements about proving such right and to prove this matter, some reasons such as consensus, narration, associating with someone, and the practice of the wise are cited. Some of the issues about which the Patent Right is considered are as follows: the Patent Right in unclean entities, the decline of entity from taxes and possession and the Patent Right towards entity after compensating the damage (giving substitution), the spiritual ownership, and the priority right. The provision of the realization of the Patent Right is its benefit and the existence of exploitation. The disturbance or seizure of the Patent Right without the permission of its owner is unlawful. Also, the exchange and ownership of the Patent Right freely through gift, will, or devotion is correct. Due to its kind, the end of the Patent Right is different. Manuscript profile -
Open Access Article
319 - The Juridical and Legal Study of the Alternatives to the Sale of Salaf Oil Securities in Secondary Market
Abdolhosen Shiravi Hadi RahmaniSelling Salaf commodity before maturity is forbidden by Islam, so making a secondary market for these securities is not possible within common procedures. Hence we have to find a new way to make a secondary market for these securities. Some proposed ways are parallel Sa MoreSelling Salaf commodity before maturity is forbidden by Islam, so making a secondary market for these securities is not possible within common procedures. Hence we have to find a new way to make a secondary market for these securities. Some proposed ways are parallel Salaf, assignment through agency and Solh of Salaf commodity, all of which have shortcomings that puts the formation of secondary markets in trouble. Combination of parallel Salaf and assignment (Havaleh) seems to be the most complete proposal, yet there are still many problems with it. This study attempts to challenge them and another way that is considering securities as Circulating Rights. Circulating Rights is a matter that is considered in foreign law systems and is not compatible with Islamic Jurisprudence rules. But we can somewhat accept this rules in our system when combining them with Islamic rules. Manuscript profile -
Open Access Article
320 - 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 -
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321 - 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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322 - Legal-Judicial Investigation of the Impact of Termination of Transaction Based on Subsequent Transaction
Reza Zarei Leila RahimiThe main axis of this writing and what causes dispute are that in some cases after the fact of two or more successive transactions towards the object of transaction, the transferor of ownership measures for termination of base transaction. Lawyers and tribunals have not MoreThe main axis of this writing and what causes dispute are that in some cases after the fact of two or more successive transactions towards the object of transaction, the transferor of ownership measures for termination of base transaction. Lawyers and tribunals have not consensus in confronting such a case and concerning the circumstances of possession of first purchaser and consecutive possessors, so they issue contradictory judgments that will harm the rights of the third party beneficiary. Hesitation about set of related articles to this subject in civil code especially article 454 and also scrutiny in scholars and lawyers make it clear that legislature follows opinions of lawyers and scholars that separate legal options and contractual options from each other and makes his possessions not operative but it should be noted about executing legal options by beneficiary of an option that the above - mentioned possession is in lieu of property destruction of contract subject due to validity of possessions by the customer. Therefore, vendor is merely entitled of counterfeit. We tried to consider that various promises and divergence of Islamic jurisprudence and subjected law are classified according to nature of aforesaid possession. They are analyzed by explaining foundations and their side effects and relying on legal provisions and rules and they are also explained correctly. So, the influence of the present analyze on application step (judicial precedent) is undeniable. Manuscript profile -
Open Access Article
323 - Recognition of Animal Rights in Fiqh Imamiyah with Emphasis on Alimony
Hassan Alidadi Soleymani seyyed Mostafa TabatabaeiThe issue of animal rights has been considered completely in the last century. Activists and animal rights movements believe that the religions –in general- have had little or no concern with animal rights issues, and that there are many protests to the religions. MoreThe issue of animal rights has been considered completely in the last century. Activists and animal rights movements believe that the religions –in general- have had little or no concern with animal rights issues, and that there are many protests to the religions. The purpose of this study is to recognize the views of Islam towards this issue. This goal was carried out by examining the narrations of the Ahlul-Bayt (PBUH) and the words of the Shi'a great scholars, during which the rights of the animals were examined from the perspective of Fiqh Imamiyah on the basis of the right of alienation and presented a complete and comprehensive picture of the special interest of Islam towards it. According to this study, firstly, the religion of Islam,for all the beings of the world-according to their place in the creation-in order to attain their perfection believe in rights, and contrary to the beliefs of animal rights advocates, there are many doctrines and teachings regarding animal rights. In particular, in comparison with other religions, many of those rights have been expressed not only in the form of moral advice, but also in the form of a religious order and jurisprudence, which imply their importance and the guarantee of their performance. Secondly, Shi'a jurisprudents, in addition to acknowledging the necessity of observing the right to live animals in various ways, have also acknowledged in a variety of ways, also carefully considering their alimony, its cases, its responsibility, and how to provide and prepare it, using the great teachings of Islam, they delivered Fatwa. Manuscript profile -
Open Access Article
324 - Analysis of the Influence of Evolution of Power Structure in Family on Husband's Rights
Farzaneh Shafiezadeh Maryam Al sadat Mohaghghdamad Kobra PourabdollahPower structure in the most Iranian families has evolved from authoritarian (patriarchal) to semi-democratic. This transformation has affected all aspects of the family, especially its legal dimension, in terms of the rights of members. One of the most important rights MorePower structure in the most Iranian families has evolved from authoritarian (patriarchal) to semi-democratic. This transformation has affected all aspects of the family, especially its legal dimension, in terms of the rights of members. One of the most important rights under influence of evolution is husband's rights. Therefore, in this research, we tried to examine the effect of the transformation on husband's rights, and we concluded that since the requirements of time and place necessitate the necessity of adapting laws with developments, therefore the legislator appropriate to the evolution of the power structure in the family has introduced new laws or amended former laws regarding the right of presidency, the right of divorce and the right of polygamy. However, there are still some affairs related to these rights that have changed, but have not attracted the attention by the legislator and, as a result, have created legal gaps; therefore, changes to previous laws or the establishment of new laws are recommended by using the legal capacity of them. Manuscript profile -
Open Access Article
325 - Analysis of the Requirements of Progressive Principles of Human Rights in the Performance of Bailiffs with a Look at the Islamic Jurisprudential Principles
Mohammad Ali Ezzati ali reza saybani Mohammad Mehdi SaghianObserving Human Rights is one of the main obligations of the institutions affiliated with the criminal justice system. In this system, bailiffs are representatives tasked with detection of a crime. These officers are required to observe the principles of Human Rights wh MoreObserving Human Rights is one of the main obligations of the institutions affiliated with the criminal justice system. In this system, bailiffs are representatives tasked with detection of a crime. These officers are required to observe the principles of Human Rights when detecting a crime. The principles of Human Rights which should be observed regarding the defendants at the stage of crime detection include: respecting the rights of the detainee, infrastructure optimization, the principle of respect for the dignity, honor and personality of individuals, the principle of respect for the freedom of individuals and the prohibition of arbitrary detention of defendants, and the principle of respect for privacy. In addition, respecting the rights of detainees include: observing the principle of the legitimacy of criminal interrogation, the right to have an attorney from the beginning of the proceedings, and consideration of the presumption of innocence at the stage of crime detection. In addition to Islamic jurisprudential principles and sources, some international treaties have been signed in this regard, including the Universal Declaration of Human Rights (1948), which contains the doctrines outlined in Islam. In addition to incorporating these principles into the Constitution under Articles 22, 27, 37, 38, etc. The Iranian legislature has addressed this issue in ordinary laws, including both substantive and procedural law. The Code of Criminal Procedure incorporates these principles by making significant adjustments in their foundations and elements. Manuscript profile -
Open Access Article
326 - The Jurisprudential and Legal Investigation of Criminal Policy of Iran in the Criminalization of Not Registering Marriage
Abdolhosseyn Rezaei RadThe criminalization of not registering marriage has been one of the challenging ‹experienced so many ups and downs up to the present time. The last legal element of this crime is article 49 of Iran's Family Protection Law which has determined penalty for men who MoreThe criminalization of not registering marriage has been one of the challenging ‹experienced so many ups and downs up to the present time. The last legal element of this crime is article 49 of Iran's Family Protection Law which has determined penalty for men who do not register their permanent marriage officially. This study aims at matching this article with religious standards and investigating its coordination with legal principles, rules, and the deterrence of this law. Hence; first of all, it criticizes this part of article 49 of Iran's Family Protection Law by jurisprudential and legal evidences and represents reasons, ‹the biography of infallible Imams›, ‹the necessity of facilitating marriage›, ‹the conflict between law and other laws›, and ‹not enough deterrence and defeat the purpose› to confirm the disagreement of this part of article with religion and then it jurisprudentially and legally criticizes the most important reasons confirming this law which are ‹maintaining the rights of third parties›, ‹protecting the realm of family› and ‹preventing other family crimes›. Manuscript profile -
Open Access Article
327 - Principle of Legitimacy of Non-divorce Condition in Marriage Contract
amin najafian faraj allah hedayat niaAccording to Quranic verses and traditions, men retain the right to divorce their wives. Abusing this right by men has increased the number of broken up couples. To refrain men from abusing this right, one can limit this right by convening conditions under marriage cont MoreAccording to Quranic verses and traditions, men retain the right to divorce their wives. Abusing this right by men has increased the number of broken up couples. To refrain men from abusing this right, one can limit this right by convening conditions under marriage contract. Contractual limitation of husband’s divorce right is possible through making it conditional to a specific outcome or a specific action however the first one is in sharp contrast with divine law while later is a viable option, in a way that husband undertakes to not to use his divorce right save those cases in which wife has disobedience or disable in some aspects of conjugal life. This is not only legitimate in the view of divine law but also strengthens the foundations of the families. Manuscript profile -
Open Access Article
328 - Studying Islamic Jurisprudence and Legal Factors Influenced by Morality in Marriage and Divorce
Behnam GhanbarpourFamily rights base upon moral values. The effect of moral factors in this emotional community is a matter of fact. The correlation between legal regulations and moral principles is a main characteristic of Islamic law; hence approved and disapproved things in Islamic Ju MoreFamily rights base upon moral values. The effect of moral factors in this emotional community is a matter of fact. The correlation between legal regulations and moral principles is a main characteristic of Islamic law; hence approved and disapproved things in Islamic Jurisprudence point to moral concepts. The present paper aims at investigating and adapting moral factors affecting marriage and divorce and tries to employ descriptive and analytic methods to answer this question: Did legislators consider moral principles in family rights? The author emphasizes that since marriage and divorce rules are influenced by Quran culture, the influence of moral lessons is undoubtedly unavoidable in this area. Factors such as the responsibility of wife and husband to behave well, forgiveness, marriage portion due payment, commitment to justice among wives, moral principles of divorce, custodial, expenditures of wife and her relatives are all legal elements smoothened by moral principles. Manuscript profile -
Open Access Article
329 - The Place of Custom in Citizenship Rights
Fatemeh Arab Ahmadi Ahmad Reza KHazaeeJurists and legal experts allocate a special role and value to custom and use particular interpretatons to explain its place. Undoubtedly, customs, traditions and norms have gradually turned into social values or paved the ground for their formation. Transformation of t MoreJurists and legal experts allocate a special role and value to custom and use particular interpretatons to explain its place. Undoubtedly, customs, traditions and norms have gradually turned into social values or paved the ground for their formation. Transformation of the variables related to conventions and customs like life conditions of human beings, development and progress, cultural changes, the emergence of new ideas and the like leads to an increase of its impact on various issues like citizenship rights. The current study seeks to investigate the complementary role of conventions and customs as one of the influential sources of legal codes of society and its relationship with citizenship rights. Conventions and customs, on the one hand, can play a positive role in the formation of citizenship rights and in those cases that law cannot predict all the needs of human beings serve as a vehicle to complement and cover up the deficiencies through providing new interpretations. Sometimes the legislator changes the conventions into a law by a number of modifications. On the other hand, it can also be an obstacle or play a negative role; in such cases, the law steps in and nullifies the convention and rejects it. In other words, as long as the necessity of paying attention to citizenship rights does not turn into a dominant norm, legal mechanisms will face a difficult path ahead. Manuscript profile -
Open Access Article
330 - Jealeh in Islamic Banking System
maryam Naghdi dourabatiHuman being enjoy all divine rights after birth. Everybody is deserved to enjoy these rights including civil and natural rights which described in Islam. Civil relationships of human being involve emotional, social and economic, relations. In Islamic banking ,eco MoreHuman being enjoy all divine rights after birth. Everybody is deserved to enjoy these rights including civil and natural rights which described in Islam. Civil relationships of human being involve emotional, social and economic, relations. In Islamic banking ,economic relationships of people are based on Islamic contracts. One of these mutual economic relationships between people in one side and banks in the other is "Jealeh". Loans are given to people in banks under the title of Islamic contracts which one of them is Jealeh. Jealeh is a judicial deal which is known in Iranian civil code as a definite contract. It is regarded as a way of giving loan in usury-free banking law of Islamic parliament. According to the third chapter of the above-mentioned law and the practical instruction of Jealeh clarified by the council of money and credit, the author presents its precepts. Manuscript profile -
Open Access Article
331 - The Efect of Mony or Merchandis on Right Occurrence
Ahmad MoradkhaniThere are three hypothetes about whether rights can be prices and goods or notin writing buying contracts amony Foghaha (Jurisconsults) and Lawgers: Some don't accept transferring rights at all and think it is just for property. Some others accept it The third grou MoreThere are three hypothetes about whether rights can be prices and goods or notin writing buying contracts amony Foghaha (Jurisconsults) and Lawgers: Some don't accept transferring rights at all and think it is just for property. Some others accept it The third group thinks it is construable. They think there is a difference between changing and invalidiation of rights. They accept invalidiation of rights. In the present research, the content is presented with the descriptive and qualitative analytical method, taking into account the evidence The results of the research show that the definition of property is the same as the definition of sale in the eyes of the latter for the purpose of eviction of rent And the jurisprudence also refers to the same thing, and the definition of sale is true for the purchase and sale of rights, and rights can also be replaced, and the evidence of the validity of the sale also indicates this. Manuscript profile -
Open Access Article
332 - Transactions with the right of informal restitution with a jurisprudential attitude
Ali Talebi Najatullah Abrahamian mansor aminiSince in the judicial procedure of Iran, the current government considers ordinary documents as valid, many people conclude a transaction with the right of extradition through an ordinary document in order to escape from the restrictions stipulated in Article 34 of the MoreSince in the judicial procedure of Iran, the current government considers ordinary documents as valid, many people conclude a transaction with the right of extradition through an ordinary document in order to escape from the restrictions stipulated in Article 34 of the Registration Law. Some judges, referring to the provisions of the Civil Law regarding conditional sale, consider the transaction with the right of restitution to be valid, and some others subject this transaction to the provisions of Article 34 of the Registration Law. In terms of balance of exchange, this article identifies two different types of transaction with normal restitution rights: transactions that are subject to a valid exchange contract in terms of the principles of exchange contracts and contracts that do not have the characteristics of an exchange contract. Judges should recognize the transaction with the right of restitution in the event that it falls under the characteristics of the sale of a real condition, and refrain from recognizing the transaction with the right of virtual and unreal restitution, and include these transactions in the mortgage contract to protect the creditor or the buyer Manuscript profile -
Open Access Article
333 - 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
334 - سنجش میزان آگاهیهای عمومی به حقوق شهروندی در استان خراسان شمالی
مصطفی حاج زاده اعظم منصوریهدف تحقیق سنجش میزان آگاهیهای عمومی به حقوق شهروندی در استان خراسان شمالی میباشد. روش تحقیق از نظر هدف کاربردی و از نظر روش پیمایشی است. نمونه تحقیق 384 نفر از شهروندان استان خراسان شمالی در سال 92 است. چارچوب نظری با استفاده از نظرات پارسونز، ترنر، هابرماس و مارشال Moreهدف تحقیق سنجش میزان آگاهیهای عمومی به حقوق شهروندی در استان خراسان شمالی میباشد. روش تحقیق از نظر هدف کاربردی و از نظر روش پیمایشی است. نمونه تحقیق 384 نفر از شهروندان استان خراسان شمالی در سال 92 است. چارچوب نظری با استفاده از نظرات پارسونز، ترنر، هابرماس و مارشال تبیین گردید. این پژوهش 8 فرضیه را بررسی نمود و نتایج نشان داد که میزان آگاهی از حقوق شهروندی استان در حد متوسط بوده است و اکثریت شهروندان از پایگاه اجتماعی پایینی برخوردارند و همچنین با توجه به آزمون همبستگی، تحلیل واریانس آزمون رگرسیون و ضرایب معادله رگرسیونی بین نگرش به حقوق شهروندی، استفاده از رسانه، حضور در عرصه عمومی، تحصیلات و سن با آگاهی از حقوق شهروندی رابطه مثبت وجود دارد ولی بین طبقه اجتماعی، جنسیت و قومیت با آگاهی از حقوق شهروندی رابطه وجود ندارد. نتیجهگیری این تحقیق بیان میدارد که با توجه به آگاهی متوسط شهروندان هنوز لزوم کار بیشتر بر دوش سازمانهای دولتی و غیر دولتی احساس میشود. نوآوری پژوهش نیز ارائه مدل محقق ساخته و بررسی میزان آگاهی در میان اقوام مختلف استان بوده است همچنین تفاوت معناداری میان اقوام از نظر آگاهی از حقوق شهروندیشان دیده میشود. Manuscript profile -
Open Access Article
335 - Demographic characteristics and citizenship rights (A Research among students of Mazandaran University)
Hossein Abootalbi Bahnamiri Reza Rastgar Roushan Rahmatollah Memar -
Open Access Article
336 - Comparison of the right to the city based on the status of urban classes, clans and youth employment in Amol
Roozbeh Nasiri Amoli Mansour Haghighatian Ali Asghar Abbasi Asfajir -
Open Access Article
337 - The Study of the Factors Affecting Awareness of Youth's Citizenship Rights (Case Study: Bandar Abbas City)
Ahmad Noor Hajinia Ali Seyfzadeh -
Open Access Article
338 - A Study on the Feeling of Citizenship among Bojnourd Youth and its Social Effective Factors
Ebrahim Salehabadi Mohammad Isanloo -
Open Access Article
339 - 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
340 - Assess the Status of the Disabled and the Housing of the Disabled in the Field of the City and Urban Law and Provide Improvement Proposals
Melika sadat Moosavi Samira ShahinIntroduction: Disabled people like other people in society need to use public facilities in society. The non-compliance of the interior spaces of the housing and its upper spaces with the needs of these people has caused the lack of easy life for this group. The present MoreIntroduction: Disabled people like other people in society need to use public facilities in society. The non-compliance of the interior spaces of the housing and its upper spaces with the needs of these people has caused the lack of easy life for this group. The present study seeks to provide suggestions for improving the living conditions of these people after recognizing the laws related to these people and the existing problems in their lives.Method: In order to identify the rights related to people with special conditions in order to equalize social opportunities, the rights and laws related to this group have been presented at both world and Iranian levels by studying the documents available in these countries. Then the problems related to this group are introduced using the method of library, documentation and field observations.Results: this research in order to answer the questions of rights and laws related to the disabled and the housing of the disabled? What are the problems with the realization of quality living in accordance with the physical and mental characteristics of the disabled? And how can the quality and quantity of life of people with disabilities be improved ?; After identifying the existing problems, in order to solve the problems and improve the quantity and quality of living conditions, to provide improvement proposals in two categories: micro (in two categories of proposals related to outdoor and indoor spaces) and macro (solutions such as adaptation, Flexible housing and inclusive housing) are paid.Discussion: Proper design and adoption of protective laws in urban areas and indoor spaces affect the motivation of people with disabilities to work in society and play an important role in meeting the needs and attention to human dignity of this group. Formulation of laws and its implementation in the field of design, landscaping and adaptation of urban and residential spaces can be an important step towards achieving this. Manuscript profile -
Open Access Article
341 - The Thought of the Right to the City; A Conceptual and Fundamental Transformation in Urban Struggles to Realize a Good Urban Life Case Study: Comparative Analysis of the Five Regions of Urmia City
Morteza Bakhshi Germi Meysam Saket Hasanlouei Atefe Ghanbari Maryam HeidarifononiToday, the concept of "right to the city" is a reaction to the accelerated process of unbalanced urban development and less thought-out plans of urban planning in order to realize and achieve a livable, dynamic and sustainable city. Making the platform of urban life mor MoreToday, the concept of "right to the city" is a reaction to the accelerated process of unbalanced urban development and less thought-out plans of urban planning in order to realize and achieve a livable, dynamic and sustainable city. Making the platform of urban life more citizen-oriented, urban justice, justice-oriented urban planning and urban democracy are the basic issues of urban planning today, which the right to the city approach realizes them through the application of socio-spatial changes in the city. The current research with a practical-developmental purpose and a descriptive-analytical nature tries to evaluate the degree of realization of the indicators of the right to the city in each of the five regions of Urmia city by adopting a humanitarian background. The methods used in data collection and analysis are the use of indexing and library methods, field identification and interviews (targeted sample size) and the use of copras and shannon entropy techniques in quantitative analysis. The results of the analysis indicate that regions 2 and 4 of Urmia have the highest and lowest levels of compatibility and desirability, respectively. Finally, in order to achieve suitable conditions in the field of urban planning, coherent and purposeful proposals have been presented. Manuscript profile -
Open Access Article
342 - Content Analysis of Sixth grade Elementary texts books of Humanities based on the attention to Citizenship Rights
janat moosavi Abbas Gholtash Hossein Fayazbakhsh -
Open Access Article
343 - 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
344 - 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
345 - 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
346 - 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
347 - The Impact of Modern Understanding of Right in the Thought of the First Iranian Intellectuals in the Qajar Period
Alireza Bahrami Reza Shabani sina forozeshOver the past two centuries, with the advent of modern issues of the West to Iran,political thought has undergone many changes in many other aspects of the Iraniansciences, and in many respects it has diverged from its earlier foundations and hasturned to some controver MoreOver the past two centuries, with the advent of modern issues of the West to Iran,political thought has undergone many changes in many other aspects of the Iraniansciences, and in many respects it has diverged from its earlier foundations and hasturned to some controversy over the past. Has introduced.One of the first debates discussed at the beginning of the introduction of moderndiscussions in Iran is the question of natural law. It should be noted that this discussionwas never considered by the intellectuals of Iran due to conflict with Shi'ijurisprudential compounds before the Qajar period. But in the early period, the Qajargovernment was considered as the starting point for the introduction of moderndiscussions into Iran by the Iranian intellectual movement, and they were discussing itin the light of their Western patterns in this regard.In this research, which has been written by historical method and review of previousdocuments, the author examines the issue of the emergence of modern understanding ofthe question of right in Iran and investigates the works of the first practitioners of thisdiscussion and its effects on the first thought Iranian intellectuals have been analyzed. Manuscript profile -
Open Access Article
348 - Recognizing the Periods of Developing and Collapsing Multi-Price Bubbles in Housing Market: Case Study of Tehran City
Roozbeh Baloonejad noori hamzeh safariAbstract The purpose of this study is to investigate the development and collapse of price bubbles of housing market in Tehran by the data of housing rents, land price during 1995:Q1-2014:Q1. Based on the critiques to the common methods of evaluating the price bubbles MoreAbstract The purpose of this study is to investigate the development and collapse of price bubbles of housing market in Tehran by the data of housing rents, land price during 1995:Q1-2014:Q1. Based on the critiques to the common methods of evaluating the price bubbles and the possibility of happening more than one bubble in the time period under consideration, in this study, Generalized Supremum Augmented Dickey–Fuller is used. By this method, it is possible to determine the development and collapse periods of price bubble in addition to test multiple bubbles,. The results represent that in the period under review, the ratio of price - rent as an indicator of return on assets, has no rational price bubbles. However, by the abruptly and explosively changing in defining the price, there will be a price bubble in housing during 3 periods including 2001:Q1- 2002:Q1, 2004:Q1- 2004:Q2, 2006:Q2- 2007:Q2 and 2006:Q2-2007:Q2 and so in land real prices during 3 periods including 2000:Q2-2001:Q2, 2006:Q2-2007:Q2 and 2012: Q1-2013:Q2. Manuscript profile -
Open Access Article
349 - Analyzing the right to broadcast on the internet in the light of literary and artistic property rights
sadegh yazdani hojat karami ahmad saberi majdUndoubtedly, Internet broadcasting is one of the cost-effective and inclusive methods for content sharing. One of the characteristics of internet broadcasting is that the content is available to the audience without being saved. Since many copyright-protected works are MoreUndoubtedly, Internet broadcasting is one of the cost-effective and inclusive methods for content sharing. One of the characteristics of internet broadcasting is that the content is available to the audience without being saved. Since many copyright-protected works are transmitted through the Internet, it has created issues and issues in literary and artistic property rights. Among the challenging issues is the issue of support for internet broadcasting, which has always been a matter of dispute between supporters and opponents of this support. Support for Internet broadcasting has always been one of the topics discussed in the meetings for drafting the new treaty for the support of broadcasting organizations, and this article also deals with it in order to evaluate it and answer the basic question of whether it is possible to support Internet broadcasting as well as radio and television broadcasting. Did it work or not? Also, protecting the creator's rights against Internet broadcasting technology and considering the right of Internet broadcasting for the creator are issues that need to be studied and evaluated to clarify its status. The present study, while explaining the nature of Internet broadcasting technology and comparing it with radio and television broadcasting, and looking at international documents and domestic laws of some countries, evaluates how Internet broadcasting technology is covered in the literary and artistic property rights system. Manuscript profile -
Open Access Article
350 - Phenomenology of Violations of Fundamental Human Rights by the Actions of Authoritarian States in Cyberspace
akbar shoja Ali SabernejadAlavian Hatam SoltaniAs an attractive, accessible and inclusive environment, the cyberspace has many capacities for the development and expansion of basic human rights and demands regarding them. But in reality and action, the mentioned space has become a tool to violate these rights, and t MoreAs an attractive, accessible and inclusive environment, the cyberspace has many capacities for the development and expansion of basic human rights and demands regarding them. But in reality and action, the mentioned space has become a tool to violate these rights, and the politicians of "authoritarian" States, with the help of the capacities of this space - especially social networks -, have violated the basic human rights including privacy, right to freedom of information and freedom of expression. The present article, employing the descriptive-analytical methods and with rational induction in the performance of some authoritarian States in the cyberspace, constitutes an attempt in finding cases of human rights violated by the "cyber authoritarianism" of the mentioned governments and the optimal understanding of the threats to the human rights using new technologies and artificial intelligence. The findings of the research indicate that cyber authoritarianism has fundamentally violated human rights by violating data privacy and security, denying free access to information, spreading false information and limiting the right to freedom of expression and that nowadays many states have been busy with establishing grounds in cyberspace for continuation of their authoritarianism by forming special malicious cyber groups such as "Keyboard Army" and using "Trolls" in the way of engineering public opinion and thought, hiding information and giving false information. Manuscript profile -
Open Access Article
351 - Analysis and Design a Step-Up DC-DC Converter with Fast Dynamic Response Without the Right Half Plan Zero
Mohammad Javad Kargaran Mahdi Shaneh Tohid NouriBy increasing use of new energy to reduce the negative effects of burning fossil fuels to supply electricity, the need for power electronic converters have become very important. Due to sudden changes in load or input voltage level, the converter used as a voltage regul MoreBy increasing use of new energy to reduce the negative effects of burning fossil fuels to supply electricity, the need for power electronic converters have become very important. Due to sudden changes in load or input voltage level, the converter used as a voltage regulator in a certain range of output voltage changes should quickly return to its reference value, which should analyze the dynamic behavior of these converters and the speed of its dynamic response to any interference is discussed. Because the initial boost converter has a delay in its transfer function due to the right half plane zero, it is possible to use structures to eliminate this delay. The use of coupled inductor in non-insulated structures is one of the structures that can be repaired in this field, which in addition to removing right half plan zero of the transfer function, increases voltage gain, reduces voltage stress on circuit semiconductors. In this paper, a new coupled inductor structure is proposed to remove the right half plan zero. The new structure will be accompanied by an increase in gain, but the voltage stress on the switch is limited, and on the other hand, due to the position of the coupled inductor, the input current for this structure will be minimized. Manuscript profile -
Open Access Article
352 - Enhancement of Motion Estimation Robustness Against Noise and Brightness Variations in Digital Image Sequences
Homayoun Mahdavi-NasabMotion estimation and compensation are main stages in hybrid video coding standards. Due to structural simplicity the block-matching motion estimation is the most used method in digital video technology. In recent years the mesh-based motion estimation is considered by MoreMotion estimation and compensation are main stages in hybrid video coding standards. Due to structural simplicity the block-matching motion estimation is the most used method in digital video technology. In recent years the mesh-based motion estimation is considered by the researchers because of its more complex motion models and lack of blocking artifacts. However, mesh-based motion estimation suffers from error propagation and weak performance in noisy and brightness varying conditions. In this paper motion adaptive interpolation functions are proposed for the mesh-based motion estimation to overcome these problems. The simulation results show the better robustness of the proposed scheme against noise and brightness variations, not only regarding to mesh-based but also block-matching motion estimation techniques. Manuscript profile -
Open Access Article
353 - Examination of Chastisement Right of child in Imami Jurisprudence, law of Iran and International law
hasan falah Seyed Javad Seyed Alizadeh Ganji Behnam GhanbarporFrom an aspect of expedience, the right to punishment is an issue that exposes children's rights to danger and abuse in national and international realms. On the other hand, chastisement of child and harming the health of the child's body and soul is an issue that paren MoreFrom an aspect of expedience, the right to punishment is an issue that exposes children's rights to danger and abuse in national and international realms. On the other hand, chastisement of child and harming the health of the child's body and soul is an issue that parents and guardians are clinging to it for exercising their own taste and also to disavowal their responsibility. Of course, this issue is not the same everywhere, but providing a pattern for judicial exploitation in public dealing with this phenomenon is one of the important issues of the rights of the child. In Iran’s law, on the subject of chastisement right, without considering the foundations of guardianship of the child, there isn’t distinguish between parent or other guardians. So according to mentioned aspect, the reformation of Article 9 of the »Child and Adolescent Protection Law« and Article 158 of the »Islamic Penal Code« is proposed. Manuscript profile -
Open Access Article
354 - Jurisprudence Legal Examination of the Criminal Sanction of the Non-divorce Condition
amin najafian mostafa ghafourian nejadReceive Date: 2023/04/11 Revise Date: 2023/06/12   MoreReceive Date: 2023/04/11 Revise Date: 2023/06/12 Accept Date: 2023/07/05 According to the verses and traditions, the right to divorce is in the disposal of the man that sometimes some men abuse of this right. In order to prevent abuse of the right to divorce, it is possible to limit the right of a man to divorce contractually under the marriage conclusion and as a stipulation. There is no doubt about the legitimacy of the contractual limitation of the right to divorce a husband as a condition of the verb. This means that the husband undertakes not to divorce his wife, except in special cases such as disobedience or inability due to special marital issues. The condition of non-divorce while the marriage conclusion is the legal omission, because divorce is a legal act and the condition of abandon is the legal omission; therefore as a civil and criminal approach, could has criminal sanction. Apart from civil sanctions; such as spiritual compensation, nullity and non-influence act and 0peration of the violator of the condition of non-divorce, the criminal sanction; such as financial penalty, non-registration of divorce, etc can also be considered. The current research will examine the criminal sanction of the condition of non-divorce. Manuscript profile -
Open Access Article
355 - The Human Genome Project with an Approach to the Ethical Perspective and Human Freedom
Amirreza Mahmoudi Abbas Taghvaee Seyedeh Mahshid Miri BalajorshariIn this research, the results of the Human Genome Project (HGP) and the possible ethical problems it may cause were evaluated through concrete examples. The study has tried to reveal in detail how the social rights and freedoms, ethics, social norms, and values of the i MoreIn this research, the results of the Human Genome Project (HGP) and the possible ethical problems it may cause were evaluated through concrete examples. The study has tried to reveal in detail how the social rights and freedoms, ethics, social norms, and values of the individual will be affected and where the borders will begin and end in the event of the potential risks that HGP carries. Discussions have been made on the problem that the individual can be instrumentalized and turned into a commodity as a result of genetic interventions, and unfortunately, it has been determined that genetic interventions are in a structure that can lead to an intervention in the fundamental rights and freedoms of the individual. This study aims to show the usage areas of the human genome project and to examine the results of this project in terms of the ethical consequences of the techniques and applications used. Manuscript profile -
Open Access Article
356 - بررسی حقوق مالکیت فکری گیاهان دارویی و مسأله سرقت زیستی در پرتو موافقت نامه جنبه های تجاری حقوق مالکیت معنوی (TRIPS)
مریم احمدی ابوطالب کوشادر طی دو دهه گذشته نقش حقوق مالکیت فکری در تمامی زمینه های علمی و فن آوری در سطح جهانی بسیار حایز اهمیت بوده است. در وهله نخست این امر به علت قوانینی که توسط موافقت نامه TRIPS سازمان تجارت جهانی و موافقت نامه های تجاری دوجانبه /منطقه ای تدوین و تجویز شده است. موافقت نام Moreدر طی دو دهه گذشته نقش حقوق مالکیت فکری در تمامی زمینه های علمی و فن آوری در سطح جهانی بسیار حایز اهمیت بوده است. در وهله نخست این امر به علت قوانینی که توسط موافقت نامه TRIPS سازمان تجارت جهانی و موافقت نامه های تجاری دوجانبه /منطقه ای تدوین و تجویز شده است. موافقت نامه TRIPS، تمامی کشورهای عضو سازمان تجارت جهانی را ملزم به پذیرش و اجرای حداقل استانداردهای حقوق مالکیت فکری می نماید. با این وجود، در حین مذاکرات موافقت نامهTRIPS ، اجماعی در زمینه بحث برانگیز اختراعات زیست فن آوری حاصل نگردید. ایالات متحده و دیگر کشورهای توسعه یافته هیچ گونه استثنایی را بر حقوق ثبت اختراعات برنمی تافتند، در حالی که دیگر کشورهای در حال توسعه ترجیح می دادند که تمامی اختراعات زیست فن آوری را از حقوق مالکیت فکری مستثنی نمایند. عمده منابع ژنتیکی در کشورهای در حال توسعه قرار دارد و از همین رو شرکت‏های متعدد در پی دستیابی به ژن‏ها، میکروب‏ها، گیاهان، حیوانات و حتی جمعیت‏های بومی انسانی هستند تا آن‏ها را به عنوان یک کالا به انحصار خود درآورند. منتقدان، برقراری حقوق مالکیت فکری برای کشورهای صنعتی را نسبت به این منابع، "سرقت زیستی" مینامند و الزام ملل در حال توسعه را به پرداخت حق امتیاز به ملل مرفه صنعتی در ازای فرآوردههایی‏ که از منابع ژنتیکی و بعضاً از دانش سنتی خود آن ها گرفته شده، «استعمار زیستی» میدانند. صنایع دارویی، عمده ترین سارقان ذخایر ژنی و منابع طبیعی در سطح بین المللی به شمار می آیند، لذا این بر عهده کشورهای جهان سوم است که ضمن حفظ منابع و ذخایر حیاتی خود، از این مواهب طبیعی استفاده بهینه را به عمل آورند. Manuscript profile -
Open Access Article
357 - The Relationship between Terrorism and the Right to Life in Light of the International Judicial Precedent
Marzieh Ghobadi Seyyed Mohammad Ghari Seyyed FatemiAbstract: The human right to life is one of the most fundamental and inalienable rights of the human beings. No other rights or freedom have such great emphasis and categorical support in international human rights documents like the right to life. In recent years figh MoreAbstract: The human right to life is one of the most fundamental and inalienable rights of the human beings. No other rights or freedom have such great emphasis and categorical support in international human rights documents like the right to life. In recent years fight with terrorism has become one of the priorities of international community and the development of the subject in international law has been considerable. The question which is raised here is “what is the relation between the fight with terrorism and right to life?” Here some fundamental questions are raised “Whether on basis of international regulations use of lethal weapons against the suspects in terrorist activities?” Is the purposeful killing of the terrorist leaders is conforming to international human rights regulations? Whether the death of the terrorist in jail does blame the governments with breach of human rights violation? Whether the execution of those involved in terrorist operations is against human rights regulations? The present article by reviewing the international legal precedent come to the conclusion that although the fight against terrorism can lead to certain legal and legitimate violation of life to right but the instances which legally can violate the right to life is very limited and rare. Therefore as a general rule for the fight against terrorism those mechanism should be used which do not violate the right to life. The human rights courts and tribunals have repeatedly insisted that right to life preside all other values in human society, including the fight against terror. The methodology used in the paper is reviewing the verdicts of international human rights courts. Manuscript profile -
Open Access Article
358 - The impact of women's rights in the foreign policy of the united states towards the Islamic Republic of Iran
Elham satari Gholam Hossein BolandianAbstract Women like men are entitled to fundamental social, cultural, economic and political rights, but the question that these rights and their bases are different in Islam and West is a debatable issue and is worth study and scrutiny. The main question raised by the MoreAbstract Women like men are entitled to fundamental social, cultural, economic and political rights, but the question that these rights and their bases are different in Islam and West is a debatable issue and is worth study and scrutiny. The main question raised by the present paper is "what is the impact of women’s right on the United States foreign policy vis-à-vis Islamic Republic of Iran"? The underlying hypothesis is that women’s rights has affected the United States foreign policy against Islamic Republic of Iran and it is one of the key factors for continuation of hostility and imposing pressure by the United States against the Islamic Republic of Iran. Although there are conventions and rules in the West with slogans like equality and women’s right and responsibility of women is the Islamic Republic of Iran on the basis of gender justice, taking into consideration the ability of women their share and role in decision-making and politics is still low. This can be an excuse for the United States to exert pressure against the Islamic Republic of Iran. The research method used in the paper is descriptive-analytical and historical, using library tool. Manuscript profile -
Open Access Article
359 - 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
360 - The Impact of the Characteristics of the Procedure of Periodic Evaluation of Human Rights Council on Promotion of Respect for Human Rights by Governments
Ahmadreza Habibi Ardakani Masoud HematAbstract: With the establishment of Human Rights Council of the United Nations new mechanism took shape within the council to enhance the respect for human rights. One of these mechanisms is Universal Periodic Review (UPR) which evaluates the condition of human rights MoreAbstract: With the establishment of Human Rights Council of the United Nations new mechanism took shape within the council to enhance the respect for human rights. One of these mechanisms is Universal Periodic Review (UPR) which evaluates the condition of human rights of all the countries in period of time of four to four and half years. The aforementioned mechanism is a promotional and supervisory framework based on interaction, dialogue and cooperation by countries which its objective is to strengthen respect for human rights throughout the world. The present article by a descriptive analytical method wants to examine the impact of the mechanism of universal periodic review of the Council of Human Rights of the United Nations on strengthening the human rights among the governments. The hypothesis is that universal periodic review mechanism has led to enhancement of the respect of human rights by the governments. The finding of the study shows that the unique characteristics of the Universal Periodic Review (which cannot be found in other mechanism of the United Nations) such as increasing cooperation among governments, NGOs and international interactions, evaluation of different aspects of human rights issues, the equality of states in investigating human rights and assessment of human rights based on collaboration and interaction, have brought accountability by the governments about human rights issues. Manuscript profile -
Open Access Article
361 - Studying the status of combatants' rights protection in jurisprudence and humanitarian law
Kiamarth Mansouri ESmat savadi hormoz asadikoohbadThe purpose of article to study the status of protection of the rights of combatants in jurisprudence and humanitarian rights by library method. The culture of systematizing the realization of the rights of warriors and keeping their memory and name alive is an import MoreThe purpose of article to study the status of protection of the rights of combatants in jurisprudence and humanitarian rights by library method. The culture of systematizing the realization of the rights of warriors and keeping their memory and name alive is an important part of the cultural values of different societies. Therefore, efforts should be made to make these rights and values current in the heart of the society. During every war, policies are adopted to minimize the undesirable and unwanted effects of war, and these cases are foreseen in every war. The findings indicate that different divisions can be considered for the set of combatant rights; Among the most important factors, we can mention the rights during war and after the end of the warThe right to enjoy the status of prisoners of war" The care and access of combatants to medical services is of the rights of this class, which should be considered during and after the war. Other rights of fighters that were investigated in this research are economic rights and social rights. These issues are emphasized in humanitarian law Islam, as part of the example of share in Allah's beard (zakat), it given to them. Manuscript profile -
Open Access Article
362 - Citizenship rights, Citizen Security and Combating Terrorism in Europe
mohammad nassirzadeh نصیرزاده Farideh Mohammad AlipourCitizenship rights are a combination of duties and responsibilities of society members towards one another, society and state. In cases such as threats to national security, governments may serve these threats as a ground for restrictions on these rights. In enforcing t MoreCitizenship rights are a combination of duties and responsibilities of society members towards one another, society and state. In cases such as threats to national security, governments may serve these threats as a ground for restrictions on these rights. In enforcing this restriction States must adhere to legislative principles such as proportionality and non-discrimination. After the 9/11 terrorist attacks, the European countries have tried to restrict civil rights. The main question is how fighting terrorism has affected Citizenship rights in Europe? Using the explanatory method and with the aim of enriching the research literature on the current situation of civil rights in the light of the anti-terrorist policies of European countries, the results of the study show that in the State of Exception, the provision of security through preventive use of criminal justice in reality, results in ignoring many of the fundamental rights and freedom of individuals and minority groupsIncluding Muslims. Manuscript profile -
Open Access Article
363 - 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
364 - The Impact of Globalization of Human Rights on the Principle of non-intervention: with Emphasis on Syrian Crisis
Leila Raisi Dazki Mohammad Kaffash NayyeriAbstract: Globalization as a process that highly affects human interactions and relationship and have attracted special attention among people’s public opinion, governments and international organizations, in a way that the role and place of human being and MoreAbstract: Globalization as a process that highly affects human interactions and relationship and have attracted special attention among people’s public opinion, governments and international organizations, in a way that the role and place of human being and the rights that he is entitled to, have become very important; such that we are witnessing the globalization of human rights has become jus cogens. On this basis globalization of human rights has led to adjustment of the principle of sovereignty and non-interference. As a result the grounds have been prepared for military intervention in the internal affairs of the countries on the pretext of humanitarian intervention and the responsibility about the breach of individual human rights. In this regard it becomes necessary to evaluate the level of desirability and legitimacy of humanitarian intervention in Syria taking into consideration the crisis in this country and the ensuing events that are considered as violation of human rights. An understanding which shows the real truth behind the intervention in Syria and violation of her sovereignty under the pretext of humanitarian intervention is not under the impact of global developments of human rights and the globalization process which supports human rights and object the breach of them but it is all done with political motives and the justification behind it is the violation of human rights. Manuscript profile -
Open Access Article
365 - The Decline of the Concept of Nation-state in the Era of Globalization
shohreh Jalalpur Keanosh Payfard Mohammad FallahAbstract: Globalization can be defined as a complex process in which the countries and societies of the world get more interconnected. Nowadays due to impact of globalization the international relations have expanded and the establishment and strengthening of internati MoreAbstract: Globalization can be defined as a complex process in which the countries and societies of the world get more interconnected. Nowadays due to impact of globalization the international relations have expanded and the establishment and strengthening of international organizations have led to reduction of autonomy and sovereignty power of the states. The question arises her is what aspect of nation-state have been challenged by globalization? In what way the power and influence of the states have been weakened? The finding of the study which has been pursued by a descriptive-analytical method shows that expansion of new media has led to the formation of new concepts like global culture and global human rights and their acceptance by the peoples of the world have challenged national culture and sovereignty. In fact the advent of globalization with support of information revolution and delocalization and the emergence of the global human rights concept has limited the national boundaries and the absolute traditional hold on sovereignty. The requirement and implications of globalization have also challenged independence and national sovereignty of the states in favor of global culture. The supra-national and non-governmental organizations have gained more power than before. Hence we are witnessing the decline of the power of national governments. Of course it is to be noted that in international scene and interactions, the official actors are still national governments but gradually their power is decreasing and giving their place to supra national institutions. Manuscript profile -
Open Access Article
366 - 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
367 - Evaluating of US Anti-Iranian Sanctions Under the context of Defending Human Rights
Mahmood Jalali Setareh Sadeghi Mohammadi Mojtaba BabaeiAbstract Human rights as one of the main features of civilization and development of human community enjoy special significance in international relations. However, ambiguity in its definition and the instrumental use of this concept are considered as major challenges MoreAbstract Human rights as one of the main features of civilization and development of human community enjoy special significance in international relations. However, ambiguity in its definition and the instrumental use of this concept are considered as major challenges for the promotion of the current status of human rights in the World. Under such conditions, the West particularly the US, intervening in the internal affairs of other countries on the pretext of defending democracy and human rights, has launched propaganda against many countries through its public and media diplomacy. From 1993 to 1996, the US imposed over 61 unilateral sanctions on 35 countries which covered 42% of the world’s population. The extraterritorial nature of the unilateral sanctions by the US has caused a controversy. Many states believe that such sanctions violate their sovereignty rights as independent nations. Since the victory of the Islamic Revolution, the US has always considered 'sanctions' as one of the tools to change Iran’s approach. Washington has highlighted human rights sanctions as 'smart sanctions', imposed under human rights claims to pressure Iran to give concessions and adopt an inactive diplomacy in political fields particularly in nuclear issue. This paper seeks to study the role of human rights sanctions in the US strategy against Iran and find proper and practical approaches to manage the challenges and opportunities facing Iran in this regard. Manuscript profile -
Open Access Article
368 - Iran's Paradox of Oil and Development
Mohammad SharifiIn the th century, the era of modern colonialism, the industrial colonial countries' policy for earning the national wealth and resources of developing countries was based on changing their economy into a monocultural one by the use of political, economical and military MoreIn the th century, the era of modern colonialism, the industrial colonial countries' policy for earning the national wealth and resources of developing countries was based on changing their economy into a monocultural one by the use of political, economical and military techniques and, if needed, controlling these countries through economic forces and wresting their resources in order to have unceasing access to raw material and appropriate fuel for their country. In Iran, oil has had such a role in the economy for years. The historical evidences of Iran's economy is an indicator of Iranian policy makers will for making a change in the field of oil in order to make socio-economic developments in the past and the present. That Iran's economy suffers from the Dutch disease is the direct result of earning and spending oil incomes . Changing the stance towards oil, from income–based to capital–based can be the initiation of turning losses to profits in anoil economy. Manuscript profile -
Open Access Article
369 - The Right of Religious Minorities in Constitution of Iran, Egypt and Iraq
Hojatolah EbrahimianThe presence of religious minorities and the kind of interaction of governments with them who are considered as one kind of the minorities is a point of attention for the governments from the old times. Iran, Egypt and Iraq have important place due to their long history MoreThe presence of religious minorities and the kind of interaction of governments with them who are considered as one kind of the minorities is a point of attention for the governments from the old times. Iran, Egypt and Iraq have important place due to their long history of existence. The presence of religious minorities in these three countries and study of their rights have attracted the attention of observers in the past and present. In Iran Zoroastrian, Jews and Christians are considered as religious minorities (article 13 of the constitution of Islamic Republic of Iran). In Egypt despite the presence of religious minorities like Shiites, Coptic Christians and Jews there is no mentioning of the name of any specific minorities in the constitution but article 40 of the constitution emphasizes that all Egyptian citizens without consideration of religion enjoy the general rights. In article two of the Iraqi constitution the religious minorities like Christians, Yezidis and Mandaeans Saebies are recognized. It is possible that the religious minorities in these three countries might enjoy special rights in their own political community but the present article focuses only on general rights of the religious minorities in these three countries with emphasis on civil, political, economic, social and cultural rights. The comparative study of the constitution of these three countries in respect of general rights of religious minorities one can come to know about the commonalities and the distinctions of the rights of minorities in these three countries. Manuscript profile -
Open Access Article
370 - Components of Responsible Governance and the Role of the UN Human Rights Rapporteur in Promoting them
Mahdi Zakerian Behrooz MokhtariAbstract Protecting of basic freedoms and rights and giving an effective guarantee in the form of written law is considered as the main aim of responsible sovereignty. It means that responsible sovereignty manifests itself in the government that sets a restriction on i MoreAbstract Protecting of basic freedoms and rights and giving an effective guarantee in the form of written law is considered as the main aim of responsible sovereignty. It means that responsible sovereignty manifests itself in the government that sets a restriction on its legal and sovereign boundaries according to an advanced system of laws and also, endeavors to meet the requirements of human rights in the international level. The main discussion is that responsible sovereignty is formed by considering the human rights in a democratic system, looks after its responsibilities to the citizens and international society, and is far away from the negation of human rights & similar issues. The UN Human Rights Council develops and promotes the principles of responsible sovereignty from 2006 to consolidate the rule of law and fundamental freedoms. The mentioned subject became a part of the literature of human rights of the U.N. By considering the agents of responsible sovereignty, the UN Human Rights Council dispatches the reporters to survey some subjects such as lost rights and freedoms of citizens in the governments that are not able or do not want to comply with their responsibilities. The mentioned council defends the human rights by sending away reporters on different subjects like freedom of speech and opinions, independence of lawyers and judges, extrajudicial and arbitrary executions and peaceful gatherings. Moreover, this council specifies the responsible sovereignty as guaranteeing citizens’ basic rights and freedoms to the citizens and tries to develop and promote them. Manuscript profile -
Open Access Article
371 - 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
372 - 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
373 - The Possible Crises in the United States Relations with China
Hamed Mohagheghnia Jahanbakhsh MoradiThe foreign relations of countries always depend on a set of intentions, objectives, interests, interpretations and interactions which are the outcome of decision making centre in internal structures and international limitations and its repercussions are also seen in d MoreThe foreign relations of countries always depend on a set of intentions, objectives, interests, interpretations and interactions which are the outcome of decision making centre in internal structures and international limitations and its repercussions are also seen in domestic and external sphere. The bilateral relations of the United States and China are not an exception to this rule. The United States and China expanded their relations from 1971. They had a successful record in interaction with each other in many field especially in economic field but this does not mean that there are no differences between the two. There are always threat and danger of tension and crisis in relations of the two world powers. The most important possible crises in relations of the United States and China are the problem of Taiwan and also the presence of the United States of other powers in sphere of influence of China and the ensuing tensions in that direction. Manuscript profile -
Open Access Article
374 - An analysis of the relationship between urban rights and the formation of of the psychological capital of positivism (case study: Qaen city/ South Khorasan province)
Morteza Keshavarzi ValdaniNowadays, citizenship has become an essential status for the political and social life of societies and urban rights, as a set of rights and privileges of citizens, which are the responsibility of the government and city management, play a central role in the realizatio MoreNowadays, citizenship has become an essential status for the political and social life of societies and urban rights, as a set of rights and privileges of citizens, which are the responsibility of the government and city management, play a central role in the realization of citizenship and the flourishing of citizens' talents, abilities, beliefs and attitudes. Considering the importance and role of urban rights in the realization of citizenship and improving the ability, attitude and competence of citizens, the purpose of this research is to investigate the role and influence of urban rights on the formation of the psychological capital of positivism in Qaen city. The research method in the present study is applied in terms of purpose and in terms of descriptive-analytical and correlational nature, in order to analyze the data, were used numerical mean and Pearson's test in SPSS software. The statistical population of the research also includes the citizens of Qaen (19 to 65 years old), which was determined as a sample size of 384 people based on Cochran's method and access to them is based on a simple random pattern. Also, validity and reliability of variables have been confirmed based on documentary studies and interviews with university professors. The findings of the research show that in the four dimensions of urban rights, i.e. social, political, civil and cultural rights, only the dimension of political rights and among the dimensions of psychological capital of positivity, i.e. self-efficacy, hope, optimism and resilience, only the dimension of self-efficacy has a favorable situation in Qaen city. Also, the results show that there is a significant relationship between the urban rights variables and the psychological capital of positivism at the 95% confidence level and with the Pearson coefficient of 0.694. Among the aspects of urban rights, social rights and civil rights have had the greatest effect on the formation of psychological capital of positivism. Manuscript profile -
Open Access Article
375 - 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 -
Open Access Article
376 - An Analysis of attitude toward women’s citizenship rights in Tehran city based on their social and cultural capital
mahboube abdosamadi خدیجه سفیری seyed Yaghoub MousaviThe present article aimed to specify the attitude toward women’s citizenship rights on the bases of the respondents’ social and cultural capitals in the city of Tehran. The method of research was analytical survey and the research population consisted of all MoreThe present article aimed to specify the attitude toward women’s citizenship rights on the bases of the respondents’ social and cultural capitals in the city of Tehran. The method of research was analytical survey and the research population consisted of all Tehrani females over the age of 18 in 2016 of whom, on the basis of Cochran formula, 384 who were selected using a random classified sampling technique. Researchers` self-made questionnaire; the social capital theoretical framework was constructed based on Bourdieu’s theory with objective (social participation, commitment, and interaction) and subjective (social awareness, trust, and solidarity) dimensions which states a dialectical relationship between subjectivity (habitus) and objectivity (field). Also, cultural capital consisted of embodied, objectified and institutionalized forms. Zoanevski`s citizenship rights model was used in political, collaborative- civilian, and social dimensions. The obtained results of multiple regression and path analysis revealed that all of social capital indicators can predict 17 percent of female’s attitude toward citizenship rights in which social trust and social interactions played the main role. Also, social capital indexes can explain 27 percent of female’s citizenship rights in which embodied capital was the most important. Manuscript profile -
Open Access Article
377 - Explaining the dialectic of space and the concept of the right to the city from the perspective of critical urban theories
Pouyan Mozaheb Saeid Piri Hamid Reza Sabaghi Alireza EstelajiUrban spaces cannot be considered only as a natural structure in the framework of the historical growth and development of cities. Rather, these spaces are always organized and reproduced through various factors such as capital, politics, ideology and society. This is d MoreUrban spaces cannot be considered only as a natural structure in the framework of the historical growth and development of cities. Rather, these spaces are always organized and reproduced through various factors such as capital, politics, ideology and society. This is despite the fact that today, due to the dominance of capital-oriented policies on urban spaces, the social dimensions of space production have been neglected. In such a city, the rights of citizens in influencing the spaces of daily life have been marginalized. In contrast to this common thinking, critical urban theories have been formed based on the fundamental criticism of these approaches and the disclosure of the main factors that exclude citizens from urban spaces. Therefore, this article, with a fundamental approach and by adopting a descriptive-analytical method and by using qualitative and critical analyzes based on critical urban theories, by explaining the spatial dialectic in relation to the effects of politics, capital and society in the production of space, tries to reveal the roots of the deprivation of the contemporary urban society. By applying the concept of the right to the city, we argue that strategies based on the social will of city residents can be presented against these attitudes governing the urban space, and we also believe that urban praxis as a social action will play an effective role in the urban space by responding to the demands of an urban society in order to achieve the social benefits of citizens. Manuscript profile -
Open Access Article
378 - Evaluating the level of realization of spatial justice with an emphasis on the approach of the right to the health of the city (Case study: Urmia city)
Ali Samadi Reza Ahmadian Alireza BandarabadWith the rapid expansion of urbanization in the world and the need to pay attention to the performance of the management of these urban systems, the study of urban life and the methods of its residents' access to citizenship rights. Urban health, as one of the important MoreWith the rapid expansion of urbanization in the world and the need to pay attention to the performance of the management of these urban systems, the study of urban life and the methods of its residents' access to citizenship rights. Urban health, as one of the important factors in human life, is considered a part of these rights. by checking the situation of Urmia from the perspective of the level of achieving spatial justice in the field of urban health indicators, tries to measure the status of the right approach. The methods of information gathering are based on library-documentary data and methods of observation, interview and field verification of the study environment based on the level of distribution of functions in the field of urban health, Urmia has not acted in a fair manner in terms of the distribution of health-treatment functions and services in accordance with the approach of the right to the city, in spatial planning and allocation. In this regard, the components of the qualitative levels of people's mental and emotional states in the aspect of the urban health system and the level of desirability of having appropriate urban furniture in the physical-physical dimension, respectively, in the most suitable or best and most unsuitable or worst environmental conditions and conditions is placed The components of access and availability in the field of public and sustainable transportation and having a variety of uses in the city have the highest level of solidarity and coherence with the approach of the right to urban health. Also, the component of having the desired household income has the lowest level of correlation, interaction and cohesion with the approach of promoting the right to health in the urban society of Urmia, in order to improve the conditions, some effective suggestions have been made. Manuscript profile -
Open Access Article
379 - Investigating the Moral Philosophy in Ferdowsi's Shāhnāmeh Based on the Theory of Divine Command
Hajar Amiri Kolahjoobi Isa Najafi khalil BaygzadeThe theory of divine command is one of the ancient theories of the moral philosophy and the discussion of the relation between ethics and religion. Its history goes back to the debate between Socrates and Oti fern. In the present age, the crisis of spirituality, moralit MoreThe theory of divine command is one of the ancient theories of the moral philosophy and the discussion of the relation between ethics and religion. Its history goes back to the debate between Socrates and Oti fern. In the present age, the crisis of spirituality, morality, human rights, as well as the issue of globalization and cultural transformation, and the challenge of the identity of the nations are the dominant discourses and and concerns of human beings. Therefore, religion and morality have received much more attention once again. As a result, serious attention is once again paid to religion and ethics, and the need to pay attention to indigenous theories that are compatible with the culture of society becomes important. Different interpretations of the theory of the divine order can be sought and studied in the opinions and thoughts of philosophers and thinkers of different eras. Therefore, this research uses the analytical-comparative method and relies upon library studies to analyze Ferdowsi's philosophical ideology in the field of religion and ethics, and to investigating its practical results in illustrating the status and rights of human being in his individual, social, political life, as well as to compare his thoughts with the interpretations of the theory of the divine order. In addition, the study compares Ferdowsi's thoughts with the interpretations of the theory of the Divine command. By introducing Ferdowsi as a great theorist in the areas of moral and political philosophy who has the view of divine wisdom and God-centered moral life, his thought could be considered as a new interpretation of the theory of the divine command. Manuscript profile -
Open Access Article
380 - Rethinking the concept of " the right to the city" and its relationship with justice-oriented urban planning Case Study: A Comparative Analysis of the Haftasiyab and Shishegarkhaneh Neighborhoods of Urmia city
Ali Samadi ghader ahmadi Meysam Saket HasanloueiIntroductionToday, "the right to the city" approach is a new concept in response to the unbalanced urban development process, which ultimately leads to a city with justice, cohesion and social cohesion, healthy, livable, sustainable and citizen-oriented. This approach i MoreIntroductionToday, "the right to the city" approach is a new concept in response to the unbalanced urban development process, which ultimately leads to a city with justice, cohesion and social cohesion, healthy, livable, sustainable and citizen-oriented. This approach is considered as an effective solution in saving and reviving civil rights and by emphasizing the factor of the right to urban life, provides the grounds for the realization and achievement of justice-oriented urban planning and democratic enjoyment of the city. Meanwhile, justice-oriented urban planning has entered the field of urban development as an important knowledge and leading approach in urban planning in order to respond to the social-spatial inequalities produced by capitalism.Research AimThe present research with an applied goal and descriptive-analytical method, tries to make a comparative assessment of the status of right to the city indicators in urban settlements by adopting a humane background. Research MethodologyThe tools used in collecting and analyzing information are using document selection and library methods and using the questionnaire tools and Swara and Mabac techniques. The statistical population and sample size of the research includes the total population of the historical context of Urmia, which has been calculated through the Cochran method, the number of samples.Geographical Area of ResearchThe neighborhoods of Hafasiyab and Shishegarkhaneh in Urmia city have been the cases of the present research. Finding and DiscussionThe results of the analysis indicate that the sub-indicators of access to public services and democracy have the highest and lowest levels of importance, respectively. ConclusionShishegharkhaneh neighborhood of Urmia city in terms of urban governance, social inclusion, diversity and vitality and spatial access to a more favorable situation than the feasibility of the sub-indicators of the right to the city and achieving justice-oriented urban planning Dedicated to himself. Manuscript profile -
Open Access Article
381 - right to the city and sexual differences challenges (case study: Qazvin city)
fahimeh shokohfar zohreh davoudpour vahid bigdeli radCitizens' emotional and cognitive perceptions lead to a general perception of citizenship rights. Our focus in this research is to study the factors that affect, and are related to gender. Gender was considered as a determining factor in the perception of urban spaces t MoreCitizens' emotional and cognitive perceptions lead to a general perception of citizenship rights. Our focus in this research is to study the factors that affect, and are related to gender. Gender was considered as a determining factor in the perception of urban spaces to examine the possibility of gender differences in the enjoyment of the right to the city. The population of this study is 390 citizens of Qazvin city that were selected by proportional stratified-sampling, and by combining inappropriate cluster sampling and proportional classification. The data analysis was done by R, using two-way logistic regression and ordinal regression, and the results show that gender plays an important role in citizens' perception of the right to their city. A male citizen of Qazvin is about 30 percent more likely than a female citizen of Qazvin to have a sense of entitlement to the city. Among the analyzed factors, physical convenience had the highest gender gap in terms of citizen satisfaction, which can be largely prevented by increasing the determinant components in cities, and It also increased satisfaction with the right to the city. Furthermore, the dimension of physical comfort was the most differentiated between men and women in terms of satisfaction, indicating that Qazvin, does not provide as much security for women as men. Manuscript profile -
Open Access Article
382 - The Role of Women's Employment in the Economy and Family Rights (Qualitative Study with Rural Women in Iran)
Sara Pezeshki Seyed Alireza Hosseini Mohammad Hossein Nazemi Ashni -
Open Access Article
383 - Investigating the Social and Cultural Factors Affecting Women's Participation in the Implementation of Cultural Policies
Mehraban Hadipaykani Mahboobeh Sadeqzadeh tabriziThis research aims to investigate social and cultural factors affecting women's participation in implementing cultural policies in Isfahan. Research hypotheses have been developed with emphasis on the theoretical support of the research and the research method is a quan MoreThis research aims to investigate social and cultural factors affecting women's participation in implementing cultural policies in Isfahan. Research hypotheses have been developed with emphasis on the theoretical support of the research and the research method is a quantitative survey type. The statistical population of the research is women of Isfahan, which according to Cochran formula 384 were selected as sample size. The findings of the two-variable regression analysis in this study showed that women's access to modern technologies, women's awareness of citizenship rights, women's knowledge and education level, and the extent of women's responsibility for their participation in implementing cultural policies has a direct and significant effect However, women's political alienation has a reciprocal and significant impact on their participation in implementing cultural policies. Manuscript profile -
Open Access Article
384 - The study of the right to social health in relation to noise pollution caused by aircraft traffic in the country
ali faghih habibihealth right of emerging issues in the rights, but with the development of scienceand open new fields joined the issue into a new challenge. since the adoption of the Universal Declaration of Human Rights and so far, four Geneva conventions on major issues in the field Morehealth right of emerging issues in the rights, but with the development of scienceand open new fields joined the issue into a new challenge. since the adoption of the Universal Declaration of Human Rights and so far, four Geneva conventions on major issues in the field of morality and bio - patients ' rights has been proposed that could indicate the sensitivity and the necessity of special attentionto the right and well - being. including the cases that could endanger public health, environmental pollution. The present study on the health of people right in front of the audio and chemical pollution caused by aircraft movements. The methodology used in the present study of descriptive and analytical type. In order to collect data from the library method is used. material obtained by using the method of analysis and analysis and analyze the content. results indicate thatdomestic laws on environmental and human health had faults and manyrestrictions and the laws cannot human health in front of environmental pollutionincluding pollution caused by aircraft movements. Manuscript profile -
Open Access Article
385 - Citizenship rights and responsibilities in the first to sixth economic, social and cultural development plans of the Islamic Republic of Iran and presentation of strategic policies for the seventh development plan
marjan khodi fatemeh baratlo Abdolreza Sobhani Aliakbar FarhangiPurpose and Background: Studying and understanding the status of "citizenship" in the first to sixth economic, social and cultural development programs of the Islamic Republic of Iran. ا. And providing strategic policies for the Seventh Development Plan is the main purp MorePurpose and Background: Studying and understanding the status of "citizenship" in the first to sixth economic, social and cultural development programs of the Islamic Republic of Iran. ا. And providing strategic policies for the Seventh Development Plan is the main purpose of this study.Method: The method of this research is descriptive-analytical and it has used the content analysis technique in order to analyze the text of the first to sixth programs of economic, social and cultural development of the Islamic Republic of Iran.Findings: The results show that referring to the relative frequency distribution of the dimensions of citizenship in the first to sixth development plans, the dimension of citizenship rights in the amount of 61.36% compared to the dimension of citizenship responsibilities in the amount of 38.64% of a better and higher situation. Enjoys. In other words, the dimension of citizenship rights is relatively nearly twice as much emphasized as citizenship responsibilities.Conclusion: The distribution of policies and goals of programs in relation to the category of citizenship is so wide that it can not be claimed that in these programs, ie from the first to the sixth development plan, a specific evolutionary process of attention and planning regarding all components and indicators. There are rights and responsibilities of citizenship. The situation of citizenship in the first to sixth development plans, while scattered, also has a small level of attention and emphasis, which is hoped in future development plans, the seventh plan, this issue will be reviewed and finally planning in the direction of inclusion and proper attention. Emphasize the category of citizenship and its dimensions. Manuscript profile -
Open Access Article
386 - Sociological analysis of collective rights on the environment
اکبر مهدوی iran soleimaniThe right to a healthy environment, in general, is considered independent of environmental law. Human rights advocates have the right to independent human rights to the environment as a right to a quality environment to recognize. The right to the environment also refle MoreThe right to a healthy environment, in general, is considered independent of environmental law. Human rights advocates have the right to independent human rights to the environment as a right to a quality environment to recognize. The right to the environment also reflects the values of excellence and basic as the right to life, right to health, right to life standard. And the prerequisites for the continued existence of present and future generations as well as sustainable development closely and organic. So this thesis to determine the right to a healthy environment was designed and developed in private law. For this purpose, after taking notes and collecting data and settings through the relevant forms, bills, according as the subject of research was classified minor and consists of chapters. And information and material was brought in different sectors and analyze data were analyzed using descriptive and analytical. In this thesis, two main questions were examined. The first question dealt with the Principles of the Right on the environment. According to a study by researchers became clear that the civil liability in Iranian law is based on the objective responsibility. Judicial procedures followed and what is more the fault of the theory were accepted, the theory is fault. And argued that this theory has major problems, therefore, it was suggested that legislators in waste legislation based theory and the theory of property to be respected. In the second study examines the legal provisions of the law abiding focused on environmental responsibility, The results showed that the law has edited numerous gaps are in terms of quality and quantity; Finally, the debates conducted and carried Conclusions and recommendations According to the results presented. Manuscript profile -
Open Access Article
387 - Guidelines for Assessing and Enhancing the Organizational Human Resources Sprightliness: A Call to Action!
Behnoush JovariThe purpose of this applied and qualitative research is to identify the necessary infrastructure for creating Organizational Human Resources Sprightliness in the university environment. Data collection has been done using the method of targeted observation, semi-structu MoreThe purpose of this applied and qualitative research is to identify the necessary infrastructure for creating Organizational Human Resources Sprightliness in the university environment. Data collection has been done using the method of targeted observation, semi-structured interviews, and the review of documents related to the strategic and operational plans of universities. Based on the Kleizeri methodology, In the selective coding, obstacles of human resources Sprightliness management from the perspective of university members were identified including: weakness in talent management and substitution, structural inadequacies, neglect of the cultivation of positive psychological capacities in members, lack of support for members' organizational and family responsibilities, and abandonment of scientific-executive abilities of members in a competitive environment. Responding to the environmental needs of the university, honoring the stakeholders, dynamic knowledge, communication, skill of members of the academic members, and the flourishing of educational-research activities were drivers of human resources Sprightliness management. By calculating Cohen's kappa, the average coefficient of experts' agreement with each other about codes and research findings was 0.66, which is an acceptable proportion of their agreement. The coefficiency of agreement between experts and researcher was 79%, which was calculated by rounding the same 80%, which means that five experts had good agreement with each other regarding the coding of the data for this research, which indicates the excellent status of these identified concepts. Manuscript profile -
Open Access Article
388 - Investigating the components of the intellectual property model of open access Iranian medical journals (Iran)
anahita Giti atefe zarei behroz bayatObjective: The aim of this study is to determine the status of the components of author, subject, commercialization, publisher and publications in designing the intellectual property model of open access medical journals (Iran). Method: The present study is an ap MoreObjective: The aim of this study is to determine the status of the components of author, subject, commercialization, publisher and publications in designing the intellectual property model of open access medical journals (Iran). Method: The present study is an applied-exploratory purpose and a mixed (quantitative-qualitative) study. The statistical population of the study was all open access medical journals (430 journals). The questionnaires were sent to the editors and executive directors of journals. The research tool was an organized questionnaire (content analysis and Delphi panel) which consisted of five main components (publisher, author, publisher, subject and commercialization) and 63 questions. The software used for statistical analysis was SPSS 24. Questionnaire validity (with a coefficient of 50) and reliability (with a coefficient of 0.7), exploratory factor analysis and confirmatory factor analysis were performed on the questionnaire. To design the model, the status of five components was investigated. Results: According to the findings, using a confirmatory factor analysis in PLS software, the questionnaire was reduced to five components, which was also confirmed by the model quality indicators. Based on the results of the Kaiser-Meyer-Ulkin index (kmo), the data of the research questionnaire can be reduced to a number of underlying and fundamental factors. These components include the five main components of publisher, author, subject, commercialization, and publications with sixty-three sub-questions, which make up the questionnaire. And since the value of KMO statistic is equal to 0.885, then the data are suitable for factor analysis. Conclusion: The results show that there is a significant relationship between all components of intellectual property of free access medical journals and the components and questions have acceptable reliability and convergence. Finally, this questionnaire can be used in open access medical journals to assess intellectual property. Manuscript profile -
Open Access Article
389 - 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
390 - Iranian Students and copyright in the World Wide Web. Case Study: Students of College of Education and Psychology Faculty
Mahshid EltemasiPurpose: The aim of this study is to assess the views of Iranian students about observing rights in cyberspace, especially the world of Web publishing. Methodology:The present research was a survey study. Research tools was questionnaire with nominal validity and rel MorePurpose: The aim of this study is to assess the views of Iranian students about observing rights in cyberspace, especially the world of Web publishing. Methodology:The present research was a survey study. Research tools was questionnaire with nominal validity and reliability of the study tool was done by Cronbach's alpha about 0.7. The study population was 280 samples of students of College of Psychology and Education of Tehran University that were selected by random (accessibility) method. Findings: Analyze of questionnaires showed that the sample mean about first question was 2.78 that showed poor understanding of copyright in cyberspace. While average of using web is about 3.77, and the average rate of compliance of copyrights is 2 that showed Non-compliance with copyright. Conclusion: Lack of copyright in cyberspace could be related to low information of students about copyright in cyberspace, and lack of statutory and administrative law Manuscript profile -
Open Access Article
391 - Suitable model for children's library from special librarians' viewpoint
Batool Rezaei-Ghomi Mohsen HamidiPurpose: This research presents a suitable model for children's library from special librarians' viewpoint. Methodology: This applied research was done using analytical survey approach. The research society includes fifty people of outstanding experts in children field MorePurpose: This research presents a suitable model for children's library from special librarians' viewpoint. Methodology: This applied research was done using analytical survey approach. The research society includes fifty people of outstanding experts in children field and Librarianship. To collect desired data a researcher-developed questionnaire was utilized. Findings: The suggested model was on the basis of ten indicators confirmed by IFLA guidelines. Conclusion: Ten indicators and two research hypotheses were confirmed according to the experts' viewpoints. Manuscript profile -
Open Access Article
392 - Citation analysis and structural mapping of scientific productions of intellectual property rights from 2000 to 2010
Ali Jalali Dizaji Esmat Momeni Rashid JafarzadehPurpose: the purpose of this study is to analyze and visualizing of scientific productions in the field of intellectual property rights (IPR) in 2000-2010 at the ISI database. Methodology: this applied research tried to analyze data as scientometric methods. A total num MorePurpose: the purpose of this study is to analyze and visualizing of scientific productions in the field of intellectual property rights (IPR) in 2000-2010 at the ISI database. Methodology: this applied research tried to analyze data as scientometric methods. A total number of 678 articles published during 2000-2010 were extracting from ISI and saved as text files on personal computer. The Records were analyzed by Microsoft Excel, ISI.exe and HisitCite. Findings: the average manual growth rate during the period for publication of intellectual property rights (IPR) in the ISI is 8/7 percent. The scientific publication of IPR was produced with the participation of 49 countries and in 7 languages. The United State ranked the first with 219 records and 95/5% of the articles were in English. 512 academic and scientific institutions were collaborated in the production of this document. The University of Colorado was known as the most active institution with 12 articles. The subject of the main scientific cluster of IPR is about intellectual property rights in the international trade and economic. Conclusion: 59% of the total production have published by the first five countries. Authors' collaboration coefficient (cc) is 0.37 that implies a low co-authorship in this field. The main cluster of IPR shows the intellectual property rights has a special place in the international economics Manuscript profile -
Open Access Article
393 - Copyright in weblogs
sedigheh Mohammad-EsmaeilAfter the emergence of the Internet, we have observed the appearance of new trends in the World Wide Web. One of the most outstanding events that has become so widespread during recent years is "Weblog", a new medium, which recently came to existence and became familiar MoreAfter the emergence of the Internet, we have observed the appearance of new trends in the World Wide Web. One of the most outstanding events that has become so widespread during recent years is "Weblog", a new medium, which recently came to existence and became familiar all over the world. Today, thousands of weblogs, with different topics and millions of visitors exist, exchanging a great amount of information and thoughts. It has been recently announced that one weblog is made per second. However, using this informative and communicative technology makes a big challenge in the issues related to the editor’s rights. In fact, free access to the sources violates the laws concerning the editor’s rights. Now, this question is put forward: How is copyright in weblogs as a member of the big family of Internet? And also how are the webloggers rights observed? There are various perspectives regarding the necessity of observing editors’ rights in weblogs and how to force bloggers to consider this point. Therefore, in the present article, in addition to defining weblog, editor’s right and perspectives in this regard, we also aim to provide probable solutions. Manuscript profile -
Open Access Article
394 - The Accountability Levels of Saudi Arabia towards United Nations Mechanisms (2009-2016)
Farzaneh Mostofi-far Fatemeh Hashemi Seyed Mohammad Kazem Sajadpoor -
Open Access Article
395 - Investigating Security Challenges in the Contemporary International System with Emphasis on Economic, Human Rights and Environmental Components
Khademali Tahzibi Reza Simbar Garineh Keshishyan Hassan Khodaverdi -
Open Access Article
396 - EU Actions Regarding the Principle of Non-Refoulement of Asylum Seekers in Light of EU-Turkey Agreement
Reza Mousazadeh Ahmadreza Azarpendar -
Open Access Article
397 - p1
Shirin Yadegari Rahim Khastoop1 -
Open Access Article
398 - Consistency in the EU’s Normative Foreign Policy: Crimean Tatars and Xinjiang Uyghurs
Nasrin Mosaffa Issa Adeli -
Open Access Article
399 - Councils and Counseling Systems
Hassan Salami -
Open Access Article
400 - Human Rights in US Foreign Policy
Jila Ahmadi Afshin Zargar -
Open Access Article
401 - 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
402 - 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
403 - 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
404 - Effecting of the hidden layers in Canadian political power
Khastoo Rastegari -
Open Access Article
405 - Fundamental Labor Rights in the light of The European Court of Human Rights
Seyed Behnam Mehrdel کارن روحانی Iraj Rezainejad -
Open Access Article
406 - Challenges and Opportunities of Cultural Diversity and Human Rights
Ahmad Montazeri Babak Baseri Ali Faghih Habibi Masih Behnia -
Open Access Article
407 - Feasibility of Democratic Guarantees in the Principles of the Iranian Constitution
Khodadad Bahiraei Hossein Monavari Ali Faghih HabibiIn today's era, there are few governments willing to consider their sovereignty based on domination and force, or hereditary rule and not claiming legitimacy due to the acceptance and support of the people. Although many governments maintain the appearance of democracy MoreIn today's era, there are few governments willing to consider their sovereignty based on domination and force, or hereditary rule and not claiming legitimacy due to the acceptance and support of the people. Although many governments maintain the appearance of democracy (show elections, puppet parties) have an absolute and authoritarian nature. Therefore, observing the principles and determining the principles in the constitution along with the guarantee of implementation is a necessary and sufficient condition for the establishment of democracy in any country. Which provisions of the constitution have satisfied the establishment of democracy in the constitution of Iran? This is the question of this article. The dual control and restraint of power (separation of powers on one hand and the creation of a supervisory body to supervise them on the other) is to control power (check & balance system) and prevent the body of power from violating legal limits and attacking democracy. The following items are among the important means of guaranteeing democracy in Iran's constitution. judicial supervision (prosecution of crimes caused by abuse of power and civil responsibility); political surveillance (investigation, questioning, impeachment); Hierarchical supervision and public supervision (parties, publications, commanding good and forbidding evil, principle 8). Manuscript profile -
Open Access Article
408 - 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
409 - The Relationship among EFL Learners’ Left/Right Brain Domi-nance, Autonomy, and Reading Comprehension of the Academic and General Reading Modules of IELTS
Mona Khabiri Mahdis Heidari -
Open Access Article
410 - The role of beliefs in preserving the environment from the perspective of the Qur'an
ahmad moradkhani ALIREZA ALMASVANDI seyed hasan abedianIn the universe, the life of all living beings affects each other's lives. The environment is a vessel of human perfection and must be considered in order to bring about human perfection. Hence, it deserves protection and care. Environmental crises have worsened to the MoreIn the universe, the life of all living beings affects each other's lives. The environment is a vessel of human perfection and must be considered in order to bring about human perfection. Hence, it deserves protection and care. Environmental crises have worsened to the point that they have endangered human and other life on Earth. According to the Holy Qur'an, all things belong to God, and human ownership of property is contractual. Therefore, explaining environmental ethics based on the concept of theism can provide a more comprehensive approach to human interaction with the natural environment. In this article, with a descriptive-analytical approach, we try to study the effect of belief in God and revelation in preserving the environment by relying on the Holy Quran and the teachings of revelation. The theologian seeks to preserve the environment by following the teachings of the Holy Qur'an, because he considers God to be in control of his behavior with nature, and he views the environment as a collective right and prevents the rights of others from being violated. Manuscript profile -
Open Access Article
411 - Analytical study of the views of Fadl al-Rahman in the book The main themes of the Qur'an
fatemah alaqebandi Mehrdad AbbasiThe main themes of the Qur'an are one of the most important works of Fadl al-Rahman in resolving the conflict between Islam and the modern world. In this work, he reminds us that if our understanding of the Qur'an is based on the main spirit of the Qur'an, namely Qur'an MoreThe main themes of the Qur'an are one of the most important works of Fadl al-Rahman in resolving the conflict between Islam and the modern world. In this work, he reminds us that if our understanding of the Qur'an is based on the main spirit of the Qur'an, namely Qur'anic ethics, we will receive a single and coherent message and meaning of the Qur'an. This book can be considered as a coherent report on the contents of the Qur'an with a new perspective and in this respect it is an important and valuable book. In this book, after an introduction in expressing his views on the method of interpretation of traditional commentators and referring to the views of Westerners about the Qur'an, Fazl-ur-Rehman examines the important themes of the Qur'an in eight chapters. The present study seeks to answer the question that what are the most important contents and theories of Fadl al-Rahman in the book of the main themes of the Qur'an and how it is analyzed? In order to answer this question, the achievements of this research are examined through descriptive-analytical in four sections: 1- Belief opinions 2- Social-legal opinions 3- Ethical opinionsalDefinitions of al-Prefix1variant spelling of ad- assimilated before -l (as in alleviate, allocate ).Suffix1(forming adjectives) relating to; of the kind of.1the chemical element aluminum.Abbreviation1Alabama (in official postal use).3 more definitions Manuscript profile -
Open Access Article
412 - Principles of Foreign Policy of the Islamic Republic of Iran from the Perspective of the Constitution
Malihe Beheshti Maryam Ebn Torab Sayyed Husayn SadjadiAbstractThe constitution is the national document and the mother law in any country that reflects the ideology of that country. In the Islamic Republic of Iran, due to the uprising of the people to achieve an Islamic system and salvation from the arrogant domination of MoreAbstractThe constitution is the national document and the mother law in any country that reflects the ideology of that country. In the Islamic Republic of Iran, due to the uprising of the people to achieve an Islamic system and salvation from the arrogant domination of the world, also the unique popular vote for such a system and constitution causes it to have high popular support and at the same time because The fact that the principles contained in the constitution are derived from the rules and laws of Islam, adherence to it is also a religious requirement. By carefully examining the articles of the constitution, one can obtain the general principles of foreign policy and answer many social issues in the field of foreign policy.This research has been carried out with the aim of explaining the framework of foreign policy principles derived from the Constitution and emphasizing its implementation by the authorities, which is the result of extracting the mentioned articles from the Constitution; Peace in international relations is the complete rejection of colonialism and the eradication of any tyranny and the denial of any domination and domination, support for the right-wing struggle of the oppressed against the arrogant to ensure human well-being in all human society and maintain its independence and freedom in the shadow of dignity and justice. And in this way, it saves human beings from the tyranny of tyrannical rule of gold and force, so the implementation of such laws that have been approved according to Islamic rules by the officials of the Islamic Republic of Iran will lead to the creation of global justice. Manuscript profile -
Open Access Article
413 - The meaning of the source of Sharia in the subject laws of Iran from the perspective of theological jurisprudence
Sayyed Ali Rabbani MusawiyanOne of the legal sources is Sharia. But the term has always been in ambiguity in the legal texts, exactly, it’s unclear what the religion means and its scope. Is it restricted to the Book of God or to the Prophetic Book or Tradition or to the Book and Tradition of MoreOne of the legal sources is Sharia. But the term has always been in ambiguity in the legal texts, exactly, it’s unclear what the religion means and its scope. Is it restricted to the Book of God or to the Prophetic Book or Tradition or to the Book and Tradition of the Innocent (AS) or to the Book of God and the Tradition of the Innocent (AS) and Jurisprudence? This research, by searching the arguments of the book , tradition and the words of the great jurists, concludes that the truth of the Shari'ah is not in any doubt about the Almighty God and then in the truth of the Prophet (pbuh). There’s also no significant difference between Farrukhin and the truth of this word is based on both Uzayyah and the infallible on the basis of the Imamiyyah jurisprudence on which the laws of the Iranian state are based. Manuscript profile -
Open Access Article
414 - Comparison of women's rights in Islam and the Convention on the Elimination of All Forms of Discrimination against Women
Masumeh Akhlaq Pasand Maryam Ibn Turab Sayyed Husayn SadjadiThe drafting of the Convention on the Elimination of All Forms of Discrimination against Women is one of the results of Western studies on the issue of women. The main tool of the drafters of the Convention is the elimination of discrimination in order to eradicate the MoreThe drafting of the Convention on the Elimination of All Forms of Discrimination against Women is one of the results of Western studies on the issue of women. The main tool of the drafters of the Convention is the elimination of discrimination in order to eradicate the existing traditional gender stereotypes and to deny the differences between men and women and thus to create equal rights. In this case, the provisions of this convention are not in full compliance with Islamic law, and this has caused challenges in various social, legal and cultural fields. The purpose of this study is to compare the rights arising from the articles of the Convention and Islamic law, in order to provide an appropriate response to address the challenges in this field. Based on descriptive analytical studies, it was concluded that in addition to the common human and male commonalities, the two are inherently and evolutionarily different from each other, so it is natural from a social point of view and in the field. The regulation of legal rules should not be expected to be similar to them. In many of its rules and laws, Islamic law complies with the provisions of the Convention. The right to life, the right to liberty, human dignity, the right to employment and political rights such as the right to participate in elections, social rights, the right to education and health are some of the issues that have long been considered in Islam. But in some cases, men and women have different rights and rules based on the characteristics of creation and the responsibilities based on it. Therefore, equality in the Convention on the Elimination of All Forms of Discrimination against Women, contrary to Islamic law, is not based on justice and nature, and this is a form of discrimination. Manuscript profile -
Open Access Article
415 - The reliability and validity of chapman,s handedness inventory in junior high school students
Ahmad AlipourIn order to study the reliability and validity of the Chapman’s Handedness Inventory (CHI) among junior high scho - graders from junior high-schools of Tehran district completed the Handedness Questionnaire of Chapman and MoreIn order to study the reliability and validity of the Chapman’s Handedness Inventory (CHI) among junior high scho - graders from junior high-schools of Tehran district completed the Handedness Questionnaire of Chapman and correlation between the two halves, and retest reliability !"# $ $ $% & "!!# analysis revealed that all the students who according to CHI were categorized as left-handed and right-handed recognized themselves as left-handed and right-handed. Factor analysis suggested a factor which accounted for '(" ! )! ! this factor. In sum CHI has a good validity and reliability for distinguishing lateralization among Iranian highschool students. Manuscript profile -
Open Access Article
416 - Analyzing the role of credit containers in regulating financial legal relations With a comparative study of Shia jurisprudence and the legal system of Iran and France
ali shariati mehr ebrahim abdipoor ebrahim delshad Field and Aims: Today, in legal systems adapted from the Roman-Germanic system, legal issues are generally divided into two parts: rights of obligations and rights of property. In this regard, the authors of the civil law have dedicated the topics of this law to t More Field and Aims: Today, in legal systems adapted from the Roman-Germanic system, legal issues are generally divided into two parts: rights of obligations and rights of property. In this regard, the authors of the civil law have dedicated the topics of this law to the general topic of "property" in the first volume. However, the topics related to the rights of obligations, contrary to being separate in the Roman-Germanic system, are included under the title of "contracts, transactions and requirements" as well as "claiming contracts" despite being modeled on jurisprudence and with the aim of combining the two systems, under the general title of "property". are The present research aims to introduce and place credit containers in realizing the effects of financial legal relations.Method: The present research was carried out using a descriptive and analytical method.Finding and Conclusion: From the point of view of subjectivity, ordering the financial legal relations of individuals in jurisprudence is explained by the two credit containers of "liability" and in the western system, these relationships are regulated by the credit container of "property".For this reason, the philosophy of creating credit vessels, in addition to the mentioned case, is to create minimum dependence of property on individuals and also to give it authenticity in order to facilitate the demand and transfer from one person to another. Therefore, in order to combine property rights and obligations rights, the civil law has established some kind of communication and interaction between credit vessels in order to regulate financial legal relations. Manuscript profile -
Open Access Article
417 - 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
418 - Investigating barriers and challenges to freedom of information
Seyedeh Zahra Jafari Farsi Moin Sabahi Graghani Mostafa SerajiField and Aims: One of the basic foundations of transparent government is the right of citizens to access information. This right is one of the most important examples of intellectual freedoms, because with the help of accurate and measured information, people can culti MoreField and Aims: One of the basic foundations of transparent government is the right of citizens to access information. This right is one of the most important examples of intellectual freedoms, because with the help of accurate and measured information, people can cultivate their thoughts and minds and publish their thoughts. But sometimes it encounters obstacles that make it difficult to achieve the desired goals. Therefore, the question arises that what obstacles and challenges does freedom of information face in Iranian law?Method: This research has been applied in terms of purpose, and in terms of data collection by documentary method and by studying valid laws and sources and the obtained information has been analyzed descriptively-analytically.Finding and Conclusion: The legal system of free access to information is one of the basic elements of democratic governments and the most essential tool for guaranteeing fundamental freedoms, including the right to freedom of expression and the right to self-determination. On the one hand, the right to seek or access information can be considered one of the most essential elements of freedom of expression, and on the other hand, democracy can not guarantee a bright future without guaranteeing the right to information. The right to information has two narrow and broad meanings. This right, in its narrow sense, envisages freedom to seek information, but its broader concept includes the right to access information or the right to receive information. A comprehensive interpretation of the eighth principle of the Constitution of the Islamic Republic of Iran justifies this right in the constitutional rights of our country. The legal system became the subject. Nevertheless, the recent law has its drawbacks, obstacles and challenges that have been mentioned. Manuscript profile -
Open Access Article
419 - Transaction with the right of restitution and the condition of maintaining ownership in Iranian law and English law
akbar fathi bahram darvish mohamad taqi abediBackground and purpose: Dealing with the right of restitution and the condition of maintaining ownership is one of the controversial issues in Iranian law. In English law, the condition of retention of ownership is expressly stated in the law, and according to the said MoreBackground and purpose: Dealing with the right of restitution and the condition of maintaining ownership is one of the controversial issues in Iranian law. In English law, the condition of retention of ownership is expressly stated in the law, and according to the said condition, the transfer of ownership is not transferred to the buyer until the condition is fulfilled. But in Iranian law, this issue remains silent. In this article, an attempt has been made to examine the transaction with the right of restitution and the condition of maintaining ownership in Iranian law and British law.Method: The current article is descriptive and analytical and the library method is used.Findings and results: In Iranian law, it is not possible to sell a condition regarding registered immovable property and real estate, and if such a sale takes place regarding this property, the legislator assumes it as a transaction with the right of restitution. In Iranian law, the term "transaction with the right of restitution" subject to Article 33 of the Real Estate Registration Law is not limited to sales and refers to real estate. In English law, mortgage in the form of a mortgage contract is crystallized in two ways, legal mortgage and forced mortgage, while in Iranian law, such arrangements were not achieved by extracting the provisions of the collateral contract in the set of numerous and scattered laws. Regarding the security right, with a comprehensive approach, Manuscript profile -
Open Access Article
420 - The rights of Detained persons from the perspective of the Iranian Code of Criminal Procedure and the rules of the International Criminal Court
Abbas TadayoonField and Aims: The accused should not be considered a criminal at any stage of the trial, and this requires observing the principle of prohibition of unlawful detention of persons and guaranteeing the rights of detainees during the trial and treating them appropriately MoreField and Aims: The accused should not be considered a criminal at any stage of the trial, and this requires observing the principle of prohibition of unlawful detention of persons and guaranteeing the rights of detainees during the trial and treating them appropriately and with dignity during the trial and detention. The principle is based on freedom, and the arrest of individuals is an exception to this principle. Hence, this exception conflicts with the principle of immunity of citizens from arbitrary arrest or detention, which is rooted in the principle of innocence, and this requires that the legal criteria for the arrest and detention of individuals be precisely defined.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. Findings and conclusion: In addition to the rights of the interrogation and preliminary investigation, in particular the right to be informed of the charges and the rights of the accused, detainees have the right to be immediately examined by a competent judicial authority to verify the lawfulness of the detention and enjoy other legal rights. And also to protest their legal detention from the beginning of their arrest until their release. Of course, it must be possible to compensate these detainees if their detention is illegal. This is the minimum legal rights of detainees as enshrined in the Code of Criminal Procedure and the Rules and Procedures of Case Courts and the International Criminal Court. Manuscript profile -
Open Access Article
421 - The approach of Iranian law to accepting and acceding to the International Convention on the Elimination of All Forms of Discrimination against Women
fatemeh asybar saleh yamerli majid safavi علی اکبر esmaeileRegarding the laws of the Islamic Republic of Iran, it should be said that they are also derived from Islamic jurisprudence. Article 4 of the constitution stipulates that all civil, partial, financial, and economic laws and regulations must be in accordance with Islamic MoreRegarding the laws of the Islamic Republic of Iran, it should be said that they are also derived from Islamic jurisprudence. Article 4 of the constitution stipulates that all civil, partial, financial, and economic laws and regulations must be in accordance with Islamic principles. Therefore, in order to accept any new law (even in the form of accepting international treaties), those new laws must be presented in accordance with Islamic standards and set aside in case of conflict with the rules of Islamic jurisprudence. (Convention on the Elimination of All Forms of Discrimination against Women) is an international treaty to which the United Nations has strongly insisted on the accession of states. If states accede to the convention, their domestic laws will be overshadowed and governments will commit to change their laws. Since women do not enjoy a status commensurate with their dignity in the world, as well as in Islamic countries, as well as in the Islamic Republic of Iran, correcting the status of women requires a written charter in which the desired status is outlined. In this study, considering the generalities presented, we examine the effects and dimensions of Iran's accession to the Convention on the Elimination of All Forms of Discrimination against Women and describe the issue in a descriptive-analytical manner using library studies. Manuscript profile -
Open Access Article
422 - Guarantee the implementation of the abuse of the emergency rule in Iranian and French law
Majid Bahari Ghazani Akbar ZareField and Aims: The concept of abuse of urgency in its general sense includes both emergency transactions resulting from reluctance and includes emergency transactions that, in the specific sense of the word, abuse the state of emergency. Since Article 206 of the Civil MoreField and Aims: The concept of abuse of urgency in its general sense includes both emergency transactions resulting from reluctance and includes emergency transactions that, in the specific sense of the word, abuse the state of emergency. Since Article 206 of the Civil Code considers emergency transactions to be valid, many traders, aware of the state of emergency and special distressing circumstances, take advantage of this situation and enter into a transaction with distressed persons. So, the question that comes to mind here is what is the guarantee of such transactions in Iranian and French law? 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. Findings and conclusion: In the law of most civilized countries, such as France, contracts based on the abuse of urgency are distinguished from emergency transactions and are subject to separate provisions. In our country's law, Article 179 of the law, which is adapted from the law of France, deals with this issue and in such cases, for the distressed, the right to amend the contract is considered. Accordingly, various opinions have been expressed about distressed transactions in case of abuse of urgency, which can be summarized in five comments: 1- The validity of the transaction 2- The validity of the transaction with the right of termination for the distressed 3- No influence of the transaction 4- Transaction; It seems that considering the realization of the spiritual element of reluctance, the non-influence of the transaction in this case is more compatible with legal logic. Manuscript profile -
Open Access Article
423 - The reflection of Shia jurisprudence in the legal system of Islamic countries, a case study: economic analysis of banking civil partnership contracts
Mohammad Javad Mirzaei abbas Magdari Amiri mohamad alamzadehBackground and Purpose:The partnership contracts are one of the obvious methods for allocating the resources in without usury banking and the purpose of partnership contract is "contribution contract" in juridical books which the parties by merging each other’s pr MoreBackground and Purpose:The partnership contracts are one of the obvious methods for allocating the resources in without usury banking and the purpose of partnership contract is "contribution contract" in juridical books which the parties by merging each other’s properties and capitals, agree to cooperate in a specific business and share the profit and loss between themselves in proportion to their portion. However, in practice banks use a category of contracts to decrease the risk of repayment of such loans, increase of profit and avoid from imperative profit rate.Method: The present research was carried out using a descriptive and analytical method.Findings and results: added some conditions in the contracts of guarantee, settlement of account, donation and etc. in order to reach the fixed rate of profit they expect in exchange contracts in the form of partnership. Including such conditions in such a contracts lead to substantive exit of contract from common definition of partnership contract. But the operation of banks in economic analysis of law is nothing except to try to earn profit and avoid loss based on the theory of reasonable behavior in economy. So, it seems the first step to amend this defective cycle is consider the problem of inflation and decrease of value of money as one of the facts in country's economy. The solution is to finance partnership projects by banking investment funds or it is independent from banks. Manuscript profile -
Open Access Article
424 - The impact of the case law of the European Court of Human Rights On how to restrict fundamental rights and freedoms in the Iranian constitution
mohsen marhoni leila raisiBackground and Aim: The European Court of Human Rights can be considered as a successful experience as a judicial body of the European Convention on Human Rights, whose opinions and decisions are binding on many governments. Not only has it played an important role in p MoreBackground and Aim: The European Court of Human Rights can be considered as a successful experience as a judicial body of the European Convention on Human Rights, whose opinions and decisions are binding on many governments. Not only has it played an important role in promoting human rights in the member states of the Convention, but it has also played a significant role in the development of these rights in other countries. In this regard, this institution, its mission and duty to protect and guarantee human rights and freedoms based on the application of some mechanisms, including the use of the components of "legality of action", "legitimacy of purpose" and "necessity of democratic action", Pursuant to the European Convention on Human Rights.Method: Descriptive-analytical, by collecting information in a library method and documents from various sources, including the legal opinions and opinions of the European Court of Human Rights.Findings and Results: An action that interferes with the rights and freedoms of individuals should not only be read in accordance with domestic laws and regulations, but also should be in line with legitimate goals such as: national security, territorial integrity, public order, Public health, ethics and economic welfare should be considered a necessary and appropriate action in a democratic society. Therefore, it is possible to seek the feasibility and modeling of the court's procedure as a way to prevent the arbitrary actions of the authorities in restricting the rights and freedoms of individuals. Manuscript profile -
Open Access Article
425 - Analysis of the right of a lawyer to appear in the trial stage in Iranian criminal law
mohamad andalib hosein aqaei janat makanBackground and Aim: Advocacy is one of the most important institutions that can play a constructive role in the process of justice, so advocacy is a job that is very important in the order or disorder of the legal and judicial system of any country. . The presence of a MoreBackground and Aim: Advocacy is one of the most important institutions that can play a constructive role in the process of justice, so advocacy is a job that is very important in the order or disorder of the legal and judicial system of any country. . The presence of a lawyer in judicial trials will greatly facilitate the discovery of the truth and prevent the abuse of citizens' rights. The necessity and importance of the right to defense has led the advanced legal and judicial systems of the world to view it as an important element of a fair and just trial. Therefore, the presence of a defense attorney at the trial stage is one of the most important and basic rights of the accused, and with these characteristics, representation in criminal matters has a special importance and position.Method: The research method in this article is descriptive-analytical. This means that the necessary information has been collected using various sources such as libraries, articles, websites, etc. and has been analyzed using principles, legal and logical rules.Findings and Results: The results of the study indicate that in the Iranian legal system, defendants can use a lawyer during the trial, advice and timely defense, to exercise their rights. The lawyer almost has functions such as influencing the legislative and judicial policy of each country. However, the authors have examined the issue of advocacy in the Iranian criminal proceedings, which is based on a one-tier system of advocacy, namely defense counsel. Manuscript profile -
Open Access Article
426 - 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
427 - Challenges and obstacles of criminalization and punishment of crimes that violate humanitarian rights
seyed milad javaheri abbs shekholeslami jafar kushaField and Aims: Humanitarian law is a set of international customary rules that govern the behavior of hostile forces in armed conflicts and has somehow replaced the concept of the law of war. Observance of humanitarian rights regardless of color, race, language and rel MoreField and Aims: Humanitarian law is a set of international customary rules that govern the behavior of hostile forces in armed conflicts and has somehow replaced the concept of the law of war. Observance of humanitarian rights regardless of color, race, language and religion, on the one hand, makes this branch of law have the nature of human rights And on the other hand, by concluding various conventions, it will have the nature of international law. The aim of the current research is to investigate the challenges and obstacles of criminalization and punishment of crimes that violate humanitarian rights in the territory of Iran's criminal system.Method: The present research was done with descriptive and analytical method and using library resources.Finding and Conclusion: The findings of the research indicate that in the process of legal unification of domestic and international systems, some challenges in the field of criminalization of crimes that violate humanitarian rights and criminal responses in external and internal dimensions and in legislative axes. , judicial and executive available. The challenges are mainly rooted in political, fundamental, ideological, legal and structural dimensions that sometimes conflict with each other and make the process of integrating international rules into the domestic legal system difficult. Statistics of crimes and compilation of humanitarian criminal laws, compilation of special laws to protect women and children during peace and war and compilation of appropriate and fair criminal responses by using dynamic inference in Shia jurisprudence, together with considering the rule of sanctity and rejection of religion and Also, reforming the judicial structures is one of the basic solutions to overcome the challenges. Manuscript profile -
Open Access Article
428 - The right to health and the legal system of social security pensions in Iran from the perspective of fundamental human rights
Farid Noor Mohammadan Emran Naemi Mohsen GhasemiField and Aims: The right to social security is one of the fundamental human rights that has received special attention in human rights instruments. Therefore, paying attention to the issue of social security is one of the criteria of good governance, which is one of th MoreField and Aims: The right to social security is one of the fundamental human rights that has received special attention in human rights instruments. Therefore, paying attention to the issue of social security is one of the criteria of good governance, which is one of the important indicators of compliance with the human rights obligations of governments. One of the issues that is considered in the field of social security is the issue of retirement, which in this study examines the legal system of social security pension in Iran in the light of fundamental human rights.Method: This research has been done in terms of practical purpose and in terms of collecting information by documentary method and by studying valid laws and sources and the obtained information has been analyzed descriptively-analytically.Finding and Conclusion: Social security as one of the characteristics of social security and a human right is based on various principles such as the principle of inclusiveness, equality and human dignity, which originate from the principles of the obligations of governments under international human rights instruments. Pension fund challenges also include inefficiency in public administration, weakness in the regulatory system, and financial instability. Not all sections of society enjoy the benefits of social security and retirement support in old age, and this has violated the principle of universal social security, and the lack of a specialized authority to handle social security claims is another benefit. Inflation, dispersion and abnormal complexity of social security pension laws and regulations are other issues and problems observed in the Iranian social security pension system. In addition, another proposal to reform the legal system of social security pensions is to review some laws in the field of pensions. Manuscript profile -
Open Access Article
429 - The basis of human rights of exceptions to the protection of literary and artistic works
Sara Hajizadeh Aboutaleb Koosha Hosein SadeghiField and Aims: From the early national and international intellectual property legislation for artistic and literary works, some exceptions such as personal use, use by libraries, educational institutions, as well as criteria such as the three-step te MoreField and Aims: From the early national and international intellectual property legislation for artistic and literary works, some exceptions such as personal use, use by libraries, educational institutions, as well as criteria such as the three-step test of the Berne Convention, were legislate on the material rights of the authors of artists and literary works. As the purpose followed by the lawmakers of intellectual property is to protect the intellectual and material rights of the authors, the question arises that what is the reason for the existence of these exceptions that lead to the use of intellectual property without the permission of the creator? Method: This research has studied the relevant sources and collected information by descriptive-analytical method. Findings and conclusion: With regard to reasons for anticipating these exceptions, it is concluded that there are some grounds for these exceptions ,including the human rights protection ,economic factors , welfare and social justice , technology development issues and in Iran jurisprudential grounds. The present article concludes only by addressing one of these principles, which is the protection of human rights, that the human rights approach leads to maintaining the balance between the rights of the authors and the interests the society has in using these literary and artistic works. Such human rights as the freedom of speech, access to the information and use of practical developments and participation in cultural life are among the basic grounds for imposing these exceptions on the intellectual property rights. Manuscript profile -
Open Access Article
430 - 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
431 - 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
432 - Proportionality of applying the precautionary principle with the category of guaranteeing water security
fateme ebrahimi AliReza َArashpour Seyyed Mohammad Sadegh ahmadiThe right to water is the origin and manifestation of many human rights. The lack of proper access to water resources has brought many crises, especially many environmental crises for societies, which has caused insecurity for humans. Therefore, legal scholars are alway MoreThe right to water is the origin and manifestation of many human rights. The lack of proper access to water resources has brought many crises, especially many environmental crises for societies, which has caused insecurity for humans. Therefore, legal scholars are always trying to explain mechanisms to get out of these environmental crises. Because the lack of access to water affects human development and the lack of development in any society colors the disputes over resources. Therefore, the author uses the descriptive-analytical method and by using library resources and seeking to find The answer to this question is whether establishing and applying the precautionary principle can guarantee water security and also a suitable solution to prevent water crises and tensions.Paying attention to and using the precautionary principle as one of the key solutions accelerates environmental preventive measures and improves crisis management and ultimately ensures water security. Therefore, it seems that there is a direct relationship between the application of the precautionary principle and water security.Keywords: precautionary principle, water security, human security, right to water Manuscript profile -
Open Access Article
433 - 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
434 - Analysis of International Labour Rules and Standards in the Fishing Sector with an Emphasis on the Rights of Workers Working in the Fishing Sector
Mahla Fathi Farhad TalaieField and Aims: One of the occupations that the International Labor Organization (ILO) has deal with, due to its importance and frequency, is fishing. Many countries have not yet particularly addressed the dimensions of this issue; such as the difficulty of working in t MoreField and Aims: One of the occupations that the International Labor Organization (ILO) has deal with, due to its importance and frequency, is fishing. Many countries have not yet particularly addressed the dimensions of this issue; such as the difficulty of working in this profession, low wages and various dangers that always threaten fishermen; and this has caused fishermen to experience a lot of discrimination compared to other jobs.Method: In this research, descriptive-analytical method has been used and librarymethod has been utilised as the method of collecting information.Finding and Conclusion: The International Labor Organization, as a leading organization for the protection of workers' rights, has codified and developed several laws to protect the rights of fishermen. The Convention (No. 188) and The Recommendation (No. 199) are among the most important documents of the International Labor Organization in the field of work in the fishing sector. The main purpose of these documents is to provide conditions so that fishermen can benefit from job security along with other workers and have the possibility of concluding fair work contracts, considering the difficulty of working at sea. Convention 188 provides a set of minimum requirements and standards. However, many countries are unable to fulfill these minimum requirements and standards. Providing technical and financial assistance is one of the main ways to help such countries. But it should always be kept in mind that the most important step to improve the rights of fishermen is to increase their awareness about their rights. Manuscript profile -
Open Access Article
435 - Ranking the pillars of corporate governance in banks in achieving the stability and health of the banking system
hadi torabifar seyyed mohammad hadi sobhanian musa shahbazyDue to the systemic importance of banks in the economy, the stability and health of banks, which is affected by the processes and frameworks governing the administration of banks, are considered key elements for the stability of the financial system. The realization of MoreDue to the systemic importance of banks in the economy, the stability and health of banks, which is affected by the processes and frameworks governing the administration of banks, are considered key elements for the stability of the financial system. The realization of corporate governance in banks is considered as one of the most important ways to achieve the stability and health of the banking system. In response to the question, which of the components and elements of corporate governance, including the board of directors, executive board, risk management, auditing, service compensation and disclosure and transparency, is more important in achieving the stability and health of the banking system, in this article with Using the multi-criteria decision modeling approach, various elements and components of corporate governance in the banking system have been ranked in terms of importance in achieving the stability and health of the banking system. The results of the research show that two components of the decision-making and monitoring component include "non-executive and independence of the board members" and "adopting policies related to the identification and control of conflicts of interest" and the component of "creating the necessary infrastructure to create transparency..." from the disclosure component and Transparency with relative weights of 0.107, 0.089, 0.073, respectively, took the first three ranks of corporate governance components in achieving banking stability and health. The results of this research can be considered in determining the regulatory priorities of the central bank and modifying the structures and processes governing the banking system. Manuscript profile -
Open Access Article
436 - Identifying and explaining effective indicators in choosing financial software packages
abbas ghodratpanah Esfandiar Malekian yahya kamyabiAbstractSelecting the appropriate accounting software has become an important issue for many organizations. In such a way that organizations have requested to use consulting services in choosing the right software package; Because the wrong choice might lead to major fi MoreAbstractSelecting the appropriate accounting software has become an important issue for many organizations. In such a way that organizations have requested to use consulting services in choosing the right software package; Because the wrong choice might lead to major financial losses. Indicators affecting the selection of accounting software should be considered before preparing the software. Facing with such an important decision, accountants, managers, and professional consultants all need indicators to rank these software packages to free them from subjective decision-making. The purpose of this article is to identify and explain the main factors that the organization should consider in its decision to choose the right software. Using Delphi method, the research questionnaire has been subjected to experts' opinions. These indicators are categorized in the form of two dimensions and ten components. These two dimensions are the features of the accounting software and the characteristics of the software vendor. The results of the research show that the three components of software reliability, technology and security from the aspect of accounting software features, as well as two components of software maintenance and upgrading, and the reputation of the software vendor from the aspect of the characteristics of the software vendor have the greatest impact on choosing the right software. Manuscript profile -
Open Access Article
437 - Breach of U.S Extraterritorial Obligations through Unilateral Economic Sanctions against Iran and Competence of International Human Rights Bodies
Amir Maghami Ali Akbar Jafari NadoushanUS Unilateral sanctions against Iran aimed at changing the behavior or change of the political system of the Islamic Republic of Iran have directly and indirectly led to the violation of Iranian people human rights, and in particular to the challenge of economic rights. MoreUS Unilateral sanctions against Iran aimed at changing the behavior or change of the political system of the Islamic Republic of Iran have directly and indirectly led to the violation of Iranian people human rights, and in particular to the challenge of economic rights. The present descriptive-analytical paper shows that these sanctions violate extraterritorial commitments to respect to human rights and international cooperation by US. Among international human rights organizations, the Human Rights Council has the authority to hear them through Universal Periodic Reports (UPR) procedure or through special procedures. The council can also address individual complaints about human rights violations due to sanctions, in which case, in addition to the US government, third-party States with international Responsibility can also be sued. The competence of other international human rights organizations and even the International Criminal Court (in terms of the relationship between crimes against humanity and human rights) is further assessed. Manuscript profile -
Open Access Article
438 - Fundamentals and legal-political solutions to the accusation of violating conventions International by the Islamic Republic of Iran
masoumeh ramezani Tahereh Abrahamifar Ardeshir SanaeiThe present study with the application of qualitative method based on collection of data from library sources (documents)and analytical - descriptive method are about to answer the question of which the accusations made by the west that " violates" the human rights conv MoreThe present study with the application of qualitative method based on collection of data from library sources (documents)and analytical - descriptive method are about to answer the question of which the accusations made by the west that " violates" the human rights conventions of the Islamic Republic of Iran are based on? The hypothesis of this study is that these accusations are based on dual principles including legal and political principles; The findings of the study, proving the hypothesis, indicate that these allegations are based on legal grounds (Including, non-acceptance and accession to some human rights conventions due to legal conflicts between Iranian law and conventions, differences in interpretations, as well as the existence of some legal ambiguities, etc.) and There are also political bases (including the political and selective approach to human rights in Iran, the security of human rights and international relations, anti-Islamism and the West's stubbornness with Iran). According to the above-mentioned dual principles, accession to the Convention on Human Rights, revision of some amendments to Iran's legal laws, use of the jurisprudence-legal capacities of Islam, as well as the use of the right to bet, appeal to international courts and the realization of the right are among the solutions. Legal and aggressive treatment of allegations, participation in international forums and the issuance of statements, and the increasing supervision of government officials over the functioning of the state body are among the proposed political solutions. Manuscript profile -
Open Access Article
439 - The reflection of generations of human rights on north-southrelations
Hadi nasiri mehdi zakerian abdolali ghavam aliasghar kazemizandThe evolution of human rights on the one hand and the universality of this concept on the other hand have left a tremendous impact on the international system. In this evolution, we see the presence of three different regimes of human rights, including civil rights, soc MoreThe evolution of human rights on the one hand and the universality of this concept on the other hand have left a tremendous impact on the international system. In this evolution, we see the presence of three different regimes of human rights, including civil rights, social political rights, and collective rights; The justice-oriented view of human rights has been the most important goal of this process in the past 60 years. The effects of this concept on the relations between North and South countries is one of the topics that has been neglected in previous researches.In the present article, the basic question is "what role has human rights played in the convergence of these two areas, considering the growing gap in North-South relations". In response to this question, it can be hypothesized that "despite different perceptions and the priority of the specific interests of each country (both in the North and the South), paying attention to the universality of human rights and the third generation can reduce this gap." This article tries to examine the three concepts of human rights and the close relationship between human rights and development to show that technology transfer can bring new opportunities for southern countries. Manuscript profile -
Open Access Article
440 - The European Union’s Anti Terrorism & Extremism Norm-building Strategy Within the International Order
Ramsin Beit Jam Mohammad Ali Khosravi Reza Jalali didokht sadeghi hagigiThe present research is trying to verify the anti terrorism and extremism normative strategy of the European Union within the international order. Terrorism is one of the most serious and dangerous menaces against the entire human community and civilization. Terrorism h MoreThe present research is trying to verify the anti terrorism and extremism normative strategy of the European Union within the international order. Terrorism is one of the most serious and dangerous menaces against the entire human community and civilization. Terrorism has the potentiality to train a group of individuals which have no consideration for tolerance and for a peaceful coexistence of different nations. The most tangible contact of the European countries with the brutal aspects of terrorism regards the different conflicts in the Middle East where a note vole group of European terrorists that are actually the native citizens of these mostly western European countries that at the end of conflicts could try return to their native countries bring inning with them the extremist ideologies that could destabilize the above mentioned European countries. Inconsideration of such danger the anti terrorism policy of European Union represents a priority for this important international structure and because of that the collaboration with the other countries and between Parliaments of different countries is extremely important especially in consideration of fact to block the financial resources of terrorist organizations. Manuscript profile -
Open Access Article
441 - Feminist foreign policy in France, Canada, and Sweden; With an emphasis on the Swedish experience (2014 to 2022)
Seyedeh Haleh Mehdizadeh Seyed amir NiakoeeThe feminist approach opposes all forms of oppression, domination, gender inequality and seeks to create a global solidarity without a gender inequality and in this regard, feminist foreign policy is a way to take such actions outside national borders. Meanwhile, countr MoreThe feminist approach opposes all forms of oppression, domination, gender inequality and seeks to create a global solidarity without a gender inequality and in this regard, feminist foreign policy is a way to take such actions outside national borders. Meanwhile, countries such as France, Canada, and the oldest and most comprehensive of them, Sweden, in their foreign policy have focused on promoting the status of women and the mainstream of gender. In this article, after a brief review of the foreign policy of France and Canada, this study focuses on the components of Sweden's feminist foreign policy. It seeks to answer how the country has acted towards the promotion of human rights. The research findings indicate that Sweden's foreign policy framework is in the areas of trade, defense, development, diplomacy and aid and it is based on three principles: a vindication of the rights of woman, the equal allocation of resources, and the support for increasing women's representation. Sweden considers implementing this type of foreign policy to be critical to achieving other general goals, such as Peace, security, sustainable development, and the strengthening and expansion of human rights. It commits itself to credible international commitments to improve the human rights situation of women. This kind of commitment to human rights and women's rights is reflected in Sweden's ratification of important treaties and instruments for gender equality. Data collection was reviewed by library method and research findings by descriptive-analytical method. Manuscript profile -
Open Access Article
442 - The European Union’s Human Rights Policy towards Islamic Republic of Iran and Saudi Arabia
زهرا الوندی داود کیانیAbstract In recent decades, the important part of dominant soul of the relations between European Union-EU and other countries has been formed of the human rights subjects and problems. European Union, with the Maastricht Treaty in 1992, entered the respect conditions t MoreAbstract In recent decades, the important part of dominant soul of the relations between European Union-EU and other countries has been formed of the human rights subjects and problems. European Union, with the Maastricht Treaty in 1992, entered the respect conditions to human rights for third world countries as essential element and also shows the high sensitive than to human rights subjects. Concerning the EU Relations with Islamic Republic of Iran and Southern States of Persian Gulf, it has always been truth. Current paper, reviews the European Union’s Human Rights Policy towards I.R.­ Iran and Saudi Arabia as Comparatively. This paper tries to analyze the violations of human rights standards, defined by European Union, towards Iran and Saudi Arabia and also reviews the effect of its behavior on foreign policy for European Union towards these two countries. Key words: European Union, Human Rights Policy, Islamic Republic of Iran, Saudi Arabia. Manuscript profile -
Open Access Article
443 - Right Wing in France: From de Gaulle to Sarkozy
Hojjatollah AyoobiAbdtract In this paper, the history and characteristics of the right-wing of France have been studied with the emphasis on Gaullists. Despite his opposition with party system, General de Gaulle contributed to the advancement of this system in France through establishing MoreAbdtract In this paper, the history and characteristics of the right-wing of France have been studied with the emphasis on Gaullists. Despite his opposition with party system, General de Gaulle contributed to the advancement of this system in France through establishing the political party. After him, Jacques Chirac undertook the General de Gaulle's heritage for achieving democracy by forming the "Union of Democrats for the Republic". During Jacques Chirac Presidency, this Party was on the wane. Finally, Nicolas Sarkozy won the internal party campaign and took control over the presidency of this party by changing the name of party to "Union for the Presidential Majority". In addition to the other Parties like the Gaullists and Naglists, the French National Front is one the most important political Parties in the right-wing. Some people consider this party -which is far-right - amongst Neo-Nazists because of its severe and extreme positions. This article deals with the most important Right-Wing Parties in France. Manuscript profile -
Open Access Article
444 - The Place of "Secession" in International law and Legal Dimensions of the Referendum of IRAK "Kurdistan" for Independence
Daydokht Sadeghi Haghighi Mahmoud JalaliAbstract: Secession from sovereign state and former of a new entity by Reference to the "right of self-determination" in international law has been one of the great challenges of the international community which still remains unresolved. And international law generally MoreAbstract: Secession from sovereign state and former of a new entity by Reference to the "right of self-determination" in international law has been one of the great challenges of the international community which still remains unresolved. And international law generally has supported the parent state in wish to maintain its territorial integrity. Thus 1970 in declaration of friendly relation and cooperation among states declares quite explicitly that the territorial integrity and political independence of every indivisible. Thus the international community is reluctant to contemplate the breakup of state because of its potential to destabilize. This article will consider the issue of secession and will review its position that does the international law approve the unilateral secession and establishment of a new state in the post-colonial era. The finding of this article reveals that this right has been limited only to decolonization time. Also by examining the referendum for independence of Iraqi "Kurdistan", concludes that the contemporary international law does not approved the outcomes of this referendum independence. Manuscript profile -
Open Access Article
445 - 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
446 - Reviewing Saudi Interactions with the Human Rights Council
Abbasali Talebi Reza Jalali Amir SajediAbstract Following the establishment of the Human Rights Council in March 2006, the human rights situation in Saudi Arabia has been considered by many in this institution. Given the widespread, qualified and sensitive nature of the Council's abuses of human rights abus MoreAbstract Following the establishment of the Human Rights Council in March 2006, the human rights situation in Saudi Arabia has been considered by many in this institution. Given the widespread, qualified and sensitive nature of the Council's abuses of human rights abuses in Saudi Arabia, the question was raised about the mechanisms of monitoring and mechanisms How did the council work on how Al Saud behaved toward respect for women's rights within national borders and how far Saudi Arabia has been in line with the idea of universal human rights and what has changed? In response to the above question, it has been suggested that it seems that the monitoring mechanisms and executive mechanisms of the Saudi Human Rights Council have required reforms and compliance with human rights requirements. Research findings show firstly that country recommendations Regarding periodic reports and appointment of special reporters, there has been a greater impact on the promotion of the status of women's rights, and secondly, the traditional context in which the ideas and ideas of people and community officials were conceived and seriously violated the rights of women is under reconstruction. Thirdly, the women's efforts and their alignment with the pressures of the Human Rights Council and the media it has been the founder of a new order, which is characterized by a change in the gender system. Manuscript profile -
Open Access Article
447 - International Responsibility to Protect and Sovereignty of States
Didukht SadeghiAbstract This paper attempts to analyze the emergence of the doctrine of "international responsibility to protect" in the climate of human rights extension and decline of the national states sovereignty. The "responsibility to protect" is an evolving concept that shoes MoreAbstract This paper attempts to analyze the emergence of the doctrine of "international responsibility to protect" in the climate of human rights extension and decline of the national states sovereignty. The "responsibility to protect" is an evolving concept that shoes the duties of the governments to provide a legal ethical for humanitarian intervention. The increase of internal wars in 1990's the violation of human rights and the dilemma of implication of humanitarian intervention clearly showed the necessity of the foundation of "responsibility to protect". This doctrine is implication of new thinking on sovereignty, which says sovereignty is not "privilege" but is a "Responsibility". So sovereignty as "control" changed to sovereignty as "Responsibility". Upon This new idea governors should to world community about behavior to their peoples. The "Responsibility to protect" has had two important the effect in international relation, first it became clear that the sovereignty of national states is no more also lute and could be declined. Secondly, the individual rights has become seriously under observation of international community. Manuscript profile -
Open Access Article
448 - The Role of Human Rights as a Soft power in America's Foreign Policy
Leila Reisi Maryam DerakhshandehChanges in the international system in recent years indicate the status of human rights and changing nature of these rights from an intellectual approach to a vital and strategic approach which is linked to the countries’ political life. So that today we see the d MoreChanges in the international system in recent years indicate the status of human rights and changing nature of these rights from an intellectual approach to a vital and strategic approach which is linked to the countries’ political life. So that today we see the deepening of human rights in foreign policy of countries in a vertical position and consequently, the absolute sovereignty of States is crystallized in the meaning of States responsibility. In the meantime, according to the liberalist themes and doctrines rooted in the traditions and values of the USA, human rights are institutionalized as critical component in the foreign policy of this country. With this approach in the analysis of foreign policy of the USA based on soft power, the Middle East is in the top of human rights policy of this country. In other words, given the history of the Middle East and its paradoxes, the cradle of civilization and the centre of cultural and religious discourse as intellectual, theoretical and philosophical capitals of human rights, and on the other hand, political sovereignty and foreign colonialism put an old wound on the body of human society of the region due to lack of respect for human rights and this is a good pretext to put pressure on the region by the major powers. In this context, the Middle East as the main audience of human rights policy of the USA is addressed in the form of Wilsonism tradition with liberal approach and the use of soft power in the context of public diplomacy as a governing principle of US foreign policy is emphasized. Manuscript profile -
Open Access Article
449 - The discourse of religious democracy in the political thought of Ayatollah Khamenei
Akbar AshrafiThis article studies the discourse of religious democracy in the political thought of Ayatollah Khamenei. Monotheism, human dignity, purposefulness of the world, the origin of the law, and the battle between right and wrong are among the foundations of Ayatollah Khamene MoreThis article studies the discourse of religious democracy in the political thought of Ayatollah Khamenei. Monotheism, human dignity, purposefulness of the world, the origin of the law, and the battle between right and wrong are among the foundations of Ayatollah Khamenei's political thought.People have a decisive place in Ayatollah Khamenei's political thought, which he refers to as Islamic democracy. According to this theory, the role of the people in the Islamic democracy is derived from Islam, and religious democracy is not just a customary contract, but a religious duty in which the people elect the Islamic ruler and decide the fate of the country by their chosen ones. The basis of the people's right to this choice is Islam itself. At the same time, according to the Supreme Leader of the Islamic Revolution, the system of the Islamic democracy is fundamentally different from the liberal democratic system, and that difference is that the Islamic democracy is based on the constitution of Islam, and both the selected conditions and the laws governing the country are derived from Islam. At the same time, the choice of the principle of the Islamic democracy and its ruler is with the vote and will of the nation.Ayatollah Khamenei's theory of Islamic democracy, based on the five pillars of monotheism, human dignity, the purpose of the world, the origin of the law, and the battle between right and wrong, has the potential to become a model of political thought in the Islamic world. Manuscript profile -
Open Access Article
450 - The concept of freedom and social justice and its connection in the discourse of Nahj al-Balagha
قاسم محسنی مری سلیمان عباسیThe concept of freedom and social justice is one of the ideal concepts that have a special place in social life and people want to define it in the individual and social arena. It seems that the concept of entitlement is one of the elements of social justice that by lea MoreThe concept of freedom and social justice is one of the ideal concepts that have a special place in social life and people want to define it in the individual and social arena. It seems that the concept of entitlement is one of the elements of social justice that by learning in the society, people get their deserved rights. Freedom as a human right can be realized with justice. Therefore, the basis of social justice is the necessity of creating a civil society and determining the rules that are the understanding of people in the society as the attribute of rules, establishing, implementing and enforcing rules to regulate social relations to limit freedom to provide interests and interests of all. This study, with the descriptive-analytical research method based on library sources, seeks to formulate the relationship between social justice and freedom in various discourses and Nahj al-Balagheh and to explain the possibility of the realization of these two concepts in social life in these discourses. The way of approaching the discourses about the conflict between freedom and social justice is not the same. Some of them vote for the priority of freedom and some of them for social justice, but Nahj al-Balagheh considered interaction and presence of these concepts to be valid in the social arena. Manuscript profile -
Open Access Article
451 - Strong Shareholder Rights, Internal Capital Allocation Efficiency, and the Moderating Role of Market Competition and External Financing Needs
Fereshteh FeizabadiAbstract Nowdays, the capital market in developing countries is considered as a tool to increase investment and economic growth. Since efficiency is the main and most The purpose of this study was to Investigate strong shareholder rights on the internal capital allocat MoreAbstract Nowdays, the capital market in developing countries is considered as a tool to increase investment and economic growth. Since efficiency is the main and most The purpose of this study was to Investigate strong shareholder rights on the internal capital allocation efficiency, the role of competition and external financing in companies listed on the Tehran Stock Exchange.The spatial domain of this research was the companies listed in the Tehran Stock Exchange . In this research, the rights of the strong shareholders of the independent variable and the efficiency of internal capital allocation of the dependent variable were considered..In the data section of the study, data were collected from sample companies by referring to financial statements, explanatory notes and stock exchange monthly.Based on systematic elimination method, 100 companies were selected as statistical sample.Descriptive and inferential statistics were used to describe and summarize the data collected.In order to analyze the data, pre-tests of variance homogeneity, F-Lemer test, Hausman test, and Dicky-Fuller test and then multivariate regression test were used to confirm and reject the research hypotheses (EViews software).The results showed that strong shareholder rights significantly increase the internal capital allocation efficiency.However, the moderating effect of market competition and external financing needs is not found to be significant. Manuscript profile -
Open Access Article
452 - Reactive Power Pricing Simultaneous Using Spot and Bilateral Market Models Considering Opportunity Cost
sajjad dadfar Javad Nikoukar Seyed Meisam Ezzati Mohammad Mahdi Marzban -
Open Access Article
453 - The study of women's awareness of their legal and social rights and social factors associated with it (study among married women city Meshkinshahr)
Zahra Abdollahi jalil haghiThis study aims to identify the women's awareness of their legal and social rights and social factors have been associated with it. To rely upon the theories as well as studies of topics of study hypothesis was developed that govern the relationships between predictor v MoreThis study aims to identify the women's awareness of their legal and social rights and social factors have been associated with it. To rely upon the theories as well as studies of topics of study hypothesis was developed that govern the relationships between predictor variables and criterion is. The study population included all married women Meshkinshahr city-based sample of 385 people, as the final sample is calculated. Using multi-stage cluster survey method and sampling, as well as stratified random sampling method, the sample selection and the required information was collected using a questionnaire. Data analysis was performed using Spss Nrmafzaramary. Results show that the average level of knowledge of the legal and social rights of married women studied, is 44/80. Of the average, 30% of respondents had a low awareness, 44/7% and 25/2% average knowledge of a greater awareness of their legal and social rights. According to the results of the bivariate analysis, age, location, employment status, education, social participation, cultural capital, acceptance of gender stereotypes, the media and communicate with friends and their knowledge about legal and social rights have shown statistically significant. According to the results of the bivariate analysis, about legal and social rights have shown statistically significant. Manuscript profile -
Open Access Article
454 - Investigation on the effects of housing rights on the quality of daily life in ozoon tapeh
Samad Ehsani Mohammad Taghi ShyikhiAs megacities grow, urban poverty would increase in the Third World countries. Providing the rights to reside in informal settlements can help the poor population improve their living environments, and if the residence rights and resources are secured and supplied for t MoreAs megacities grow, urban poverty would increase in the Third World countries. Providing the rights to reside in informal settlements can help the poor population improve their living environments, and if the residence rights and resources are secured and supplied for them, they will be able to upgrade their housing and living conditions. The purpose of this study is to investigate the effects of housing security on the quality of life in informal settlements. This research is Descriptive-analytical based research. Surveying and Documentary method was adopted to collect the data. The statistical population in Ozoon Tappeh, based on 2011census data, reaches 5,000 people.The sample size using Cochran''s formula was obtained 248 people. A simple random sampling method was applied to access the statistical population. The data collection tool was a designed questionnaire with a stability of 0.76 percent. To explain the findings, regression and correlation tests have been used. According to statistical tests, there is a significant relationship between the provision of the rights of residence and all aspects of the quality of life. The findings of this research illustrated that providing housing rights only in perceptual dimensions could have a significant effect on the status of this stratum. Manuscript profile -
Open Access Article
455 - Investigating the Impact of Citizenship Awareness on Social Cohesion in Tehran at Local Level.
yasaman towhidian Mehrdad Navabakhsh hossein agha jani meraIn Tehran, despite the variety of social identities available at the local level. There is a relative social solidarity that in some areas threatens this coherence. The purpose of this research is to "investigate the impat of Awareness on social solidarity in the neighb MoreIn Tehran, despite the variety of social identities available at the local level. There is a relative social solidarity that in some areas threatens this coherence. The purpose of this research is to "investigate the impat of Awareness on social solidarity in the neighborhoods". In theoretical foundations, related theories are used and, at the end of the research theoretical model is designed. This research was carried out using field studies and survey method. The statistical population of all people over 15 years old in Tehran was 730 as a statistical sample. The data gathering tool was a researcher-made questionnaire and distributed among respondents after validation and reliability. After data collection, data were analyzed based on inferential statistics and using spss software. The results show that awareness of citizenship rights It has a significant effect on social solidarity. And according to regression in the form of path analysis The goodness of fit of the theoretical model was investigated. In the most powerful effects of social solidarity The direct effect on political rights variables can be as high as 0.23 Legal rights amount to 0. 160 Participation rights at 0/234 and Social rights 0. 172 Impact on social covariate dependent variable, weight 0.337. Manuscript profile -
Open Access Article
456 - Women’s Attitude toward Change in Awareness to Civil Rights and its Correlation with Cultural Capital in Tehran
Mahbube Abdosamadi Khadijeh Safiri Yaghoub MousaviThe present article was done with the aim to investigate Women`s attitude toward Change in Awareness to Civil Rights and its Correlation with Cultural Capital. The method was survey analytic and the statistical population were all women above 18 in Tehran city in 2017; MoreThe present article was done with the aim to investigate Women`s attitude toward Change in Awareness to Civil Rights and its Correlation with Cultural Capital. The method was survey analytic and the statistical population were all women above 18 in Tehran city in 2017; among them 384 women were selected in random clustered multilevel way through Cochran formula from 22 regions of Tehran city. The instrument of the study was researcher- made questionnaire. The theoretical framework of cultural capital was developed through Bourdieu`s theory consisting of embodied, objective and institutional cultural capital; and the attitudes toward civil rights was based on Zoanveski`s model in political, participatory- urban- social dimensions. According to the results, women`s attitude toward civil rights status was 55 percent and their cultural capital was 59 percent. The findings of Pearson correlation coefficient test also revealed an average direct relationship between cultural capital components with the attitude toward civil rights (r=0.52, p < 0.05). The obtained results of multiple regression test also revealed that three cultural capital components can predict 27 percent of women`s attitude toward civil rights and among them, objective cultural capital was the most affective element. Manuscript profile -
Open Access Article
457 - Investigating Monetary-Banking Sanctions and Related Social Changes in Human Rights Enforcement
Mohammad Hossain Khademeyan Ali Pour Ghassab Amiri Hassan SoleimaniIn principle, a sanction in international law means methods in which actions are taken by an injured party or subjects in international law against a government in breach of its obligations until the latter function ceases to continue its violations or adopts a policy t MoreIn principle, a sanction in international law means methods in which actions are taken by an injured party or subjects in international law against a government in breach of its obligations until the latter function ceases to continue its violations or adopts a policy that is in line with the policies of the provocative function. The most important type of sanctions in terms of their effectiveness and scope of application in international relations is economic sanctions. Monetary and banking sanctions are also considered part of economic sanctions in international law. But the imposition of sanctions in general and the imposition of monetary and banking sanctions in particular have consequences, including their negative impact on the realization of human rights. The fundamental question, then, is what effect do monetary and banking sanctions have on the enjoyment of the human rights of the citizens of the target country? This research has been done by documentary and library study method. The results show that the use of monetary and banking sanctions against some countries for specific purposes, although it can lead to a change in the behavior of some target states, but due to the restrictions imposed on individuals and subjects of that state and The fundamental violation of some human rights has been followed by the negative reaction of governments, governmental and non-governmental institutions and organizations, and of course the general public and free nations of the world, and has reduced the acceptance of these sanctions. Manuscript profile -
Open Access Article
458 - A comparative study of the right to life of a sick fetus from the point of view of Islamic religions
Azadeh abdi abyaneh younes vahedyarijan maryam ebn torabThe discussion is about the fetus' right to life, and since the right to life in Islam is considered a special right for all human beings, regardless of development stage, age and other conditions, as a primary and fundamental human right, it is preferred over other rig MoreThe discussion is about the fetus' right to life, and since the right to life in Islam is considered a special right for all human beings, regardless of development stage, age and other conditions, as a primary and fundamental human right, it is preferred over other rights.The fetus' right to life does not have any place, and as a general ruling, and abortion is not allowed except in rare cases that require conflict, urgency or hardship.The findings of the research show that although it is difficult to determine a specific criterion about it, but the results and achievements of study of the works of experts and the collected information and their criticism indicate that in the cases of the permission of abortion from the point of view of the five religions, two criteria can be introduced. The first criterion is the definition of the fetus in relation to the stages of its development, which is a matter of dispute between the jurists of different religions and is effective in the primary ruling; the second criterion is based on the foundations of the secondary rulings, which itself is divided into two types of conflict between the fetus' rights and the mother's rights, which is mostly agreed upon by the jurists, and the second type is titles such as distress and constriction, which, based on the differences of opinion of the jurists on the issue of the jurisdiction of the rule, lead to more differences of opinion. Manuscript profile -
Open Access Article
459 - Victims' rights from the perspective of jurisprudence and criminal procedure approved in 1392 and the Statute of the International Criminal Court
Ghasem karbasfrosh Habib AsadyWith the emergence of victim protection and the emergence of supportive victimology in the twentieth century, the forgotten position of the victim in the criminal process was restored and its findings expressed in the form of universal standards for victim protection. V MoreWith the emergence of victim protection and the emergence of supportive victimology in the twentieth century, the forgotten position of the victim in the criminal process was restored and its findings expressed in the form of universal standards for victim protection. Victim support is an indispensable and indisputable factor in criminal proceedings. This support has various manifestations that governments usually try to provide at least. The Iranian legislator also in the Criminal Procedure Code of 2013, defining the word "victim" and addressing rights such as the right to be recognized and to be given the right to be victimized have the right to be informed, have immediate and easy access to the criminal justice system; , The right to confidentiality of investigations, compensation of victims, the right to legal aid and assistance and special representation to the victims, the equality of rights of the accused with the equality of arms, the right to medical and psychological protection, the rights of the victim at the stage. Appeal, in line with ethics, has shifted its course toward the moral rights system. There is much to think and research about since this orbital ethic in the Iranian penal system has not had such a long history.Comparative studies in this article show that the above rights are in line with the rights found in the Statute and Rules of Procedure of the International Criminal Court; therefore, the Code of Criminal Procedure adopted in 2013, despite its theoretical objections and possible drawbacks He has tried to have a uniform and ethical view of the rights of the accused and the victim in relation to the previous rules of our country. To this end, it has made assurances that this realization will be possible in the real world. On the one hand, by providing ... Manuscript profile -
Open Access Article
460 - Damages and spiritual losses of emerging customary marriages in society and their solutions
Ahmad Sarmi morteza chitsazian Ali Bahrami nejadIt is a fact that spiritual damages and losses have effects on family leading to its rights to be abused and wasted culminating in the collapse of its foundation; something that are seen frequently in the emerging white marriages in our society, as these marriages don&r MoreIt is a fact that spiritual damages and losses have effects on family leading to its rights to be abused and wasted culminating in the collapse of its foundation; something that are seen frequently in the emerging white marriages in our society, as these marriages don’t follow the principles of the legal and religious ones. These damages and losses include the couple going under the compulsion of covering up; men and wife enduring the resulting heavy mental and psychological burden, depression, along with frequent lying to cover up the fact; all just to satisfy mere lust and sexual desires, committing crime and guilt as the result, being deprived of legal and common protections, deflowered girls, loss in value of virginity, failure in their next marriages, short-term relationships, admitting to be permanently and absolutely single, promotion of childlessness or giving birth to illegitimate children, lack of satisfaction in sexual relationships due to poor quality relationships, increased number of abortions, decreased number of childbirths, decreased population, increased number of foundlings, increased number of unattended children, and children with no identification, creating the need to establish centers for the protection of unattended children and foundlings, overpassing the obscenity of illegitimate relationships, increased domestic violence against women, the couple's infidelity toward each other, increased corruption in society, insecure families, decreased physical and sexual health of society members, increased sexual diseases, drifting away from legal marriages, rise in legal age of marriage among the youth, rise in divorce statistics, increased number of runaway girls, general commitments violations, disclosure of man´s and wife´s secrets, accusations regarding infidelity, men´s abuse of polygyny by violating the legal principles and justice, ... Manuscript profile -
Open Access Article
461 - The Laws Governing the Patent of Drug Inventions and Access to Essential Medicines from the Standpoint of Human Rights
Rahim Baghban Mohsen , Molaei FardAbstractThe patent of drug inventions plays an important and effective role in production and innovation in drug industry and the related researches. The guarantee of a drug quality and its price ceiling in turn guarantees the consumer's interests regarding the access t MoreAbstractThe patent of drug inventions plays an important and effective role in production and innovation in drug industry and the related researches. The guarantee of a drug quality and its price ceiling in turn guarantees the consumer's interests regarding the access to high quality drugs, on one hand, and protecting investment, research, and development, on the other hand. Beyond patent of drug inventions, there are also various obstacles to access to medicines which may have negetave effects on access to medicines in the developing countries. Other factors also play a role in this regard such as unobtainablity, inaccessibility, or high prices of medicines. By library and documentary approach, the present research analyses the existing laws governing the patent of drug inventions from the standpoint of human rights, which shows how the patent of drug inventions can effect the right of access to essential drugs and health.Necessary data were gathered using reliable internet sites, international governmental organizations and NGOs, related articles and books. And descriptive and analytical mthods were used to analyze the data. The results show that despite numerous barriers for access to essential drugs in poor and developing countries, the patent of drug inventions and the resulted iraising prices continues to be considered as the most important barriers for access to essential drugs which along with cultural, managerial, structural, economic weakness, and region-specific diseases lead members of a society towards crisis. Manuscript profile -
Open Access Article
462 - THE EFFECT OF THE EMERGENCY STATE ON THE LACK OF AN APPEAL STAGE IN THE SPECIAL COURTS OF ECONOMIC CRIMES
Sohrab Neshastehriz Mahmoud Malmir Masoud HeidaryFields and Aims: The process of differentiation of criminal procedure in the field of Economic criminality is due to factors such as globalization of criminal law, inability of the criminal justice system and inefficiency of traditional principles of criminal procedure MoreFields and Aims: The process of differentiation of criminal procedure in the field of Economic criminality is due to factors such as globalization of criminal law, inability of the criminal justice system and inefficiency of traditional principles of criminal procedure in responding successfully to it. In this process some of criteria such as specialization,rapidity and severity of the criminal response are followed. Approval of executive by-law on how to deal with major crimes disrupting the countries economic system which was approved on 29/09/2020 during the Economic War of post (JCPA) is one of the examples of this process, which according to Article 19 the majority of the rulings of courts subject to this article are final and despite severity of charges and convictions they lack appeal stage and sole purpose is to ensure execution of the sentence. This issue is not compatible with the recognition of the right to appeal as one of the principles of governing a fair trial.Methodology: the present Article has been done by descriptively-analytically method.Findings Conclusion: we have come to the conclusion that this issue is in the line with the criteria for describing the State of Emergency in some international documents and seems to be justifiable. Also, in the opinion of the authors it seems to be essential the recognition of the right to appeal against all rulings issued by-law in the courts subject to this regulation which is similar to that provided for in the Code of Criminal Procedure (2013) for Wartime Military Courts. Manuscript profile -
Open Access Article
463 - 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
464 - A Review of Women´s Rights of Citizenship with Emphasis on Shiite Jurisprudential Teachings
Vali Allah Safari Mohammad Reza Ayati Asghar ArabianAbstractTo include women for citizenship rights is an important matter and it has been a subject of serious discussions in various schools. In the present research, after gathering related and relevant data from jurisprudential texts, Islamic approach to the women´ MoreAbstractTo include women for citizenship rights is an important matter and it has been a subject of serious discussions in various schools. In the present research, after gathering related and relevant data from jurisprudential texts, Islamic approach to the women´s rights of citizenship were explored and analyzed. The results showed that, in Islam, the women´s rights of citizenship are of three aspects including primary rights, social rights and marital rights. Also, positive discrimination in favor of women is one of the social policymaking methods in Islamic Teachings as a solution for compensation for discriminative behaviors and realization of the women´s rights of citizenship. Ambiguities ascribed to Shiite jurisprudential approach regarding equal rights to women and men results from the fact that many humanistic schools don’t believe in distinctions between the similarities between women´s and men´s rights and the equality of those rights. This point can be analyzed in various issues such as heritage, punishment, testimony, divorce, judgment, and authority. Due to superiority of Islamic approach, in developing the women´s rights of citizenship its teachings can be followed and introduced as a model for legal schools.Keywords: rights of citizenship, women, Islam, Shiite jurisprudence, Quran Manuscript profile -
Open Access Article
465 - Types, effects, and responsibilities of the right of priority
Aboolghasem Naghebi Masoud , KaramiThe matter of right of priority has long been an important one and needs more attention. When trying to understand the nature of the right of priority, we should not merely limit ourselves to exceptions such as the right of stone-fencing or the right of precedence; but MoreThe matter of right of priority has long been an important one and needs more attention. When trying to understand the nature of the right of priority, we should not merely limit ourselves to exceptions such as the right of stone-fencing or the right of precedence; but try to elicit the rulings and common matters regarding them through studying and understanding the examples and types of the right of priority.In this study, using a comprehensive theoretic perspective, we have worked on the matter of right of priority and its nature through identifying and studying the types of right of priority, paying attention to the singularity of the owner, and hence, providing its rulings and common questions.However, besides the examples of right of priority, rulings, and other matters regarding them such as forced and voluntary transfer of the right of priority, dropping it, and its demise in the case of the delay in executing it, have been studied. Also, the responsibility of the owner and the inhibitor of each pre-emptive right is specified. Manuscript profile -
Open Access Article
466 - 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
467 - 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
468 - 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
469 - Practitioners of human rights based on the constitution in private law
Mohammad Shamei Neda MojahedIn today's world, fundamental human rights play a vital role in the field of contract law, so that the content of contracts must be consistent with these rights. The influence of fundamental human rights on the category of private contracts takes place in various direct MoreIn today's world, fundamental human rights play a vital role in the field of contract law, so that the content of contracts must be consistent with these rights. The influence of fundamental human rights on the category of private contracts takes place in various direct and indirect ways. In the direct effect of fundamental human rights, it is directly effective in contractual relations. The problem with this method is that it violates the independence of private rights. The influence of fundamental human rights is shown indirectly through the interpretation of the rules of contract law; One of the advantages of this method is maintaining the independence of private law as a pure knowledge, which has been the focus of positivists or positivists. In this article, after explaining the concepts of human rights and fundamental human rights, the authors have pointed out the relationship between fundamental human rights and private rights, and finally, they have discussed the way of applying the rules of fundamental human rights to private contracts. The research method is descriptive and analytical. Manuscript profile -
Open Access Article
470 - Fiqh and legal foundations of copyright and its intellectual property
Hoddein Ranjbar Mehdi NouroziOne of the significant matters in research is the issue of copyright. In spite of the long history of intellectual property, it has not been officially debated in Islam, but Islamic jurists have started discussing and researching it. This research aims to scrutinize the MoreOne of the significant matters in research is the issue of copyright. In spite of the long history of intellectual property, it has not been officially debated in Islam, but Islamic jurists have started discussing and researching it. This research aims to scrutinize the juridical and legal foundations of copyright and its intellectual property. Via inspecting jurisprudential texts and using the library method, the results were attained that the copyright or authorship is the exclusive right to exploit a work of literature, art, or science for the author or the person to whom the author has assigned this right and this right is granted according to the law. Copyright is property and can be transferred to another. The transactional nature of the mentioned rights is due to work and benefit and is accepted by Islamic jurists. The difference is in the private ownership of the rights because there is no connection between transactional nature and ownership. On the other hand, based on numerous evidences such as no harm, fulfilling contracts, etc., the legality of the mentioned rights is inferred that they are mentioned as basic conditions, and as well as the contract, they are mandatory conditions in addition to the contract, and its accessories must also be adhered to. Manuscript profile -
Open Access Article
471 - The effect of menopause on woman rights and responsibilities
Nafiseh Karimi yazdi Ebrahim Yaghouti Mohammed javad JavidBackground and Aim:Women's rights is one of the main issues that has been focused by jurists and lawyers. From a legal point of view, considering women's natural rights is the initial step to realize their rights. This main point can be achieved just by adverting some p MoreBackground and Aim:Women's rights is one of the main issues that has been focused by jurists and lawyers. From a legal point of view, considering women's natural rights is the initial step to realize their rights. This main point can be achieved just by adverting some particular circumstances that they may experience via their lives.studying jurisprudence areas is not sufficient for legislation, so to find a better understanding of legislation, this situation should also be examined from the perspective of psychology and medicine context. One of the big gaps in women's rights is neglecting women's rights during menopause, childbirth and especially her monthly discomforts.In all contemporary legal systems focusing on the rights and responsibilities of women during menstruation -as one of their natural rights- is a necessary basis for the development of laws and citizenship rights.Materials and Methods: This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.Conclusion:Therefore the current research,relying on medical, psychological, legal and jurisprudential evidence and applying descriptive analytical methods In the menopause, in the position of proving or rejecting the hypothesis by reviewing jurisprudence,medicine and psychology we came to the conclusion that our law neither supports this state of women nor passed any laws or protective measures. Keywords: physical condition, women's rights, responsibility, menopause. Manuscript profile -
Open Access Article
472 - Innovations of the bill to prevent women's injuries and improve their security against abuse
Mahsa Ibrahimi MOhammafjavad AbdellahiThe initial text of the bill for preventing women's injuries and improving their safety against abuse was prepared in 1392 in the vice-minister of women and family affairs of the 10th government and sent to the government for approval. Finally, after examining this MoreThe initial text of the bill for preventing women's injuries and improving their safety against abuse was prepared in 1392 in the vice-minister of women and family affairs of the 10th government and sent to the government for approval. Finally, after examining this bill among different governments and parliaments, the final bill was finally approved by the government board in December 2019. And finally, on May 29, 1400, the receipt was announced and it was referred to the legal and judicial commission of the parliament with a condition of urgency. In April 1402, the details of the plan were approved by the Islamic Council and its name was changed to "Prevention of women's injuries and promotion of their safety against abuse". The question that exists is what innovations can be legally discussed. In the present study, the author believes in the descriptive-analytical method following the answer to the above question that: innovations such as the integration of all institutions to support women, the establishment of a women's support fund, the provision of medical expenses and special attention to imprisoned women, the development of counseling centers for maintaining The mental health of abused women, the proper way to deal with women, the criminalization of responsibility due to the transmission of diseases through sexual intercourse, referring to the illegitimate submission and non-violence of men for the first time, as well as the permission for women to leave the country in the case that the man is against it for no reason. The title is innovation and strengths of the bill. Manuscript profile -
Open Access Article
473 - Evaluation of the Realization Level of Spatial Justice in Urmia City with Emphasis on the Approach of the Right to the Health of the City
Ali Samadi Reza Ahmadian Alireza BandarabadToday, with the rapid expansion of urbanization in the world and the need to pay attention to the performance of the management of these urban systems, the study of urban life and the methods of its residents' access to citizenship rights and their equal enjoyment of th MoreToday, with the rapid expansion of urbanization in the world and the need to pay attention to the performance of the management of these urban systems, the study of urban life and the methods of its residents' access to citizenship rights and their equal enjoyment of these rights becomes very important. City dwellers in general have citizenship rights, and in particular they have urban rights, which urban health as one of the important factors in human life, is considered a part of these rights, which the present study by checking the situation of Urmia city from the point of view of the level of achievement To spatial justice in the field of urban health indicators, it tries to measure the status of the right approach to the city in the study environment. The methods of information gathering are based on library-documentary data and methods of observation, interview and field verification of the study environment based on the level of distribution of functions in the field of urban health. According to the findings, the city of Urmia has not acted in a fair manner in terms of the distribution of functions and health-treatment services in accordance with the approach of the right to the city, in the planning and allocation of space, which requires the attention and emphasis of the planners and It attracts managers as well as subordinate institutions and organizations in the field of creation and development of urban functions and activities to achieve the desired quality of urban life and, accordingly, the level of well-being and public comfort and satisfaction. Citizens should be provided. Manuscript profile -
Open Access Article
474 - Some results on higher numerical ranges and radii of quaternion matrices
Gh. Aghamollaei N. Haj Aboutalebi -
Open Access Article
475 - Equivalent characterization of right (left) centralizers or centralizers on Banach algebras
H. Ghahramani Gh. Moradkhani S. Sattari -
Open Access Article
476 - s-Topological vector spaces
M. Khan S. Azam S. Bosan -
Open Access Article
477 - A comparative study of the dimensions and components of non-financial rights of the couple in Iranian and French laws
Peyman Mardian Mahboobeh Abdollahi Fahimeh Malekzadehn the current research, a comparative study of the dimensions and components of the non-financial rights of the couple in Iranian and French law was done. Iran's legal system, according to the common view of Islamic jurisprudence thinkers, has given a special authority Moren the current research, a comparative study of the dimensions and components of the non-financial rights of the couple in Iranian and French law was done. Iran's legal system, according to the common view of Islamic jurisprudence thinkers, has given a special authority to the husband in front of the wife. This attitude has led the Iranian legislator to accept the effects of patriarchal thought in the family and has caused it to appear in the categories of wife's employment, determining common housing and residence, leaving the country and recognizing her citizenship, and in a way the superiority of the husband over wife to reveal In this research, considering the current needs and requirements of the Iranian society, the legal models of family management in France are examined, and considering the historical course and stages of evolution of French law in the field of family management and the resulting results, the possibility of choosing some The existing solutions of the above legal system should be examined. Although it is impossible to apply all the solutions of the French legal system regarding how to manage the family without considering the conditions of the Iranian society and taking into account all the customs and traditions as well as the beliefs of our people, but adopting the management model foreseen in Iranian law implies the acceptance of the absolute headship of the couple. The family is also a place of discussion and reflection. Examining the attitude of the two legal systems of Iran and France regarding the non-financial rights of the couple, especially the study of the evolution of the legal reforms in France regarding the change of the family management pattern from the "husband's authority" to joint cooperation with a comparative approach and descriptive-analytical method, is one of the Manuscript profile -
Open Access Article
478 - Evaluation of Antibody Titer from Newcastle Vaccine and Histological Effect in Sebright Chickens
Kimia Karimi Sani Mehdi Rezaei Mohammadreza HossenchiNewcastle disease (ND) is one of the most important viral disease which make lots of casualty in poultry flocks. Therefor vaccination against ND is the main way to prevents the damages. The aim of this research was evaluation of antibody titer from ND vaccines and histo MoreNewcastle disease (ND) is one of the most important viral disease which make lots of casualty in poultry flocks. Therefor vaccination against ND is the main way to prevents the damages. The aim of this research was evaluation of antibody titer from ND vaccines and histopathological effects in Sebright chickens. In this research, 72 one-day-old Sebright chickens were tested in a completely random format in two groups (with three replications). From day one to the end of period, the breeding conditions were the same for all quails and the differences between the groups were only in the Newcastle disease vaccination program. Vaccination in the first group was based on using: Clone ND vaccine in day old (eye drop), injection of ND/AI + Clone ND (eye drop) in day 8 and using Avinew vaccine (drinking water) in day 15. The second group was considered as the control group (without vaccination). Blood samples were taken at day 25 and 35 and evaluated by HI test. Also, a sample was taken from the intestine and a histopathology specimen was prepared. The results of statistical analysis by Tukey test showed that the mean titer of Newcastle antibody in the vaccinated groups was significantly different (p < 0.01). Also, the results of morphometry and morphology of Newcastle vaccine in the intestinal tissue in the vaccinated groups showed a significant difference compared to the control group (p < 0.05). This study presents as a strategy in terms of antibody production and histological effects after vaccination in Sebright farms. Manuscript profile -
Open Access Article
479 - Manifestation of Human Rights in Jaami's Works
Somayyeh Abbasi Nasab Maryam Ja'fary Enayatollah SharifpourAbstract Human Right is the most basic fundamental right which every individual utilizes it as his intrinsic and inherent creature and this is what the creator of man has endowed it to him since his birth. The subject of human MoreAbstract Human Right is the most basic fundamental right which every individual utilizes it as his intrinsic and inherent creature and this is what the creator of man has endowed it to him since his birth. The subject of human being is man and in Islamic worldview man is considered as the caliph of God and has transcendence over other creatures in the light of his wisdom and responsibility. Abdorrahman ibn Ahmad Jaami, the poet and scholar of 9th century has had special attention on human right and has called everybody to behave accordingly. By studying Jaami's famous works as : The Baharestan, the Nafahatol ons, the Salaman va Absal his tenets have been studied and analyzed in relation with Human Right. Of the rights which Jaami has recommended them to his readers are : the right of the parents on children, guests, people on the ruler and the right of man's dignity, the needy, companions and the right of muslems towards each other. Manuscript profile -
Open Access Article
480 - Searching the governing principles of humanitarian law in the 2023 Israeli attacks on Gaza
pooneh tabibzadeh mehdi zeinaldiniAbstract Armed attacks on military and civilian targets to achieve political expediency have long been a means of using force and power. This matter has attracted international attention for almost a century in the Palestinian land with the violence of the occupying Z MoreAbstract Armed attacks on military and civilian targets to achieve political expediency have long been a means of using force and power. This matter has attracted international attention for almost a century in the Palestinian land with the violence of the occupying Zionist regime of Israel against the Palestinian civilians. However, no international reaction from the Arab Muslim countries and the actions of the United Nations have been able to prevent the invasion and occupation of the oppressive Israeli regime. This has become an important factor in mobilizing the global public opinion of the nations against the heinous crimes against humanity of this regime. Israel's attacks on the Gaza Strip after October 7, 2023, for nearly four months continuously, have left more than tens of thousands of civilian dead in Gaza, while civilians are immune from military attacks by the warring parties according to the international rules of humanitarian law. . The parties, whether in the position of attack or in the position of defense, must support civilians according to the fundamental principles of the aforementioned rules. Despite these principles, committing massive human atrocities in the Gaza Strip against women and children has shown the failure of international law rules. And the criminal regime is murdering women and children by suggesting that the civilians of Gaza are no longer civilians with the help and assistance of the Hamas militant group and can be the target of military attacks. Now, in this article, by raising the question: Can the Zionist regime of Israel make Palestinian civilians a military target under the pretext of supporting the Hamas militant group? The necessary investigations are carried out with a descriptive and analytical method in relation to the fundamental principles of humanitarian rights. to show the violations of these rules by the Zionist regime of Israel. Manuscript profile -
Open Access Article
481 - Right to Environment in the Islamic sources
Iran Soleymani -
Open Access Article
482 - Investigating Iran's position in indicators of sustainable development in relation to rights Habitat and biodiversity conservation
Mehdi Behravesh Abbas Poorhashemi Mostafa Panahi Mohammad Reza Parvin -
Open Access Article
483 - Formulating the Conceptual Framework of the "Right to the City" Theory by Exploring Lefebvre's Thoughts
pante a alipour kohi saeede alikaei Seyedeh Maryam MaddahzadOne of the most important human social needs is the need for justice in urban space The theory of the "Right to the City" is one of the most basic justice-oriented social theories in the 20th century, the basic axis of which is man and his social needs. Lefebvre, the fo MoreOne of the most important human social needs is the need for justice in urban space The theory of the "Right to the City" is one of the most basic justice-oriented social theories in the 20th century, the basic axis of which is man and his social needs. Lefebvre, the founder of this theory, saw the city as a social structure and believed that citizens have rights to the city. This theory has been followed by many researchers in recent years. Still, their results have not gone beyond the investigation of theoretical and philosophical bases and fewer researchers have addressed the spatial dimensions and qualities necessary to realize this importance in the urban space. This research aims to reach solutions for the realization of the right to the city by exploring the political, social, and philosophical roots, reviewing the experiences and legal frameworks developed in the world, and analyzing the effectiveness of the proposed axes. Through qualitative research with directional content analysis, and the exploratory approach based on library and document studies, the conceptual framework of the right to the city and the practical components for its realization were extracted. this conceptual framework is based on two main components "the right to urban participation" and "the right to allocate space", and criteria of proper urban governance, inclusiveness and diversity, spatial access, and spatial qualities. Its application has been introduced in order to create a mutual learning structure in the process of interactions between public, and private institutions and people, and the mutual understanding of the actors. Manuscript profile -
Open Access Article
484 - Studying the Relationship of Factors Affecting the Participation of Non-Governmental Organizations (NGOs) in Women's Access to Citizenship in Iran
nasi,osadat mahbobishariyatpanahi abdolreza eftekhari leila falahatiTodays, NGOs, as the third pillar of society and the representative of civil society, play a crucial role in accessing socially excluded groups, including women, to their citizenship rights. The most important dimension of citizenship is social citizenship, which is clo MoreTodays, NGOs, as the third pillar of society and the representative of civil society, play a crucial role in accessing socially excluded groups, including women, to their citizenship rights. The most important dimension of citizenship is social citizenship, which is closely linked to the public sphere. It seems that these organizations play an important role in facilitating women's access to their citizenship, although different factors can be effective in achieving this goal.The main aim of present study was to examine the effect of factors influencing the contribution of non-governmental organizations (NGOs) in women's access to social rights in Iran. This research employed a quantitative approach and survey technique using questionnaire tools to assess the assumptions. The data were collected from three groups including 30 executive gender experts, 10 NGO's managers, and 319 audiences of NGOs who were selected through stratified sampling. A descriptive-correlation approach using Spearman correlation tests and multivariate regression by SPSS software (2020) were employed for data analysis. Findings revealed that social and economic factors affect the participation of non-governmental organizations in women's access citizenship in Iran. Manuscript profile -
Open Access Article
485 - access and cultural participation, Citizenship right in Cultural utilization
Mahdi Nourian rohollah adinehThe right of access and cultural participation is objectified instances to cultural diversity in UNESCO Point of view. Human who is distinguished from non-self and is known as a civil nature, intentionally or unintentionally his individual part and social part is linked MoreThe right of access and cultural participation is objectified instances to cultural diversity in UNESCO Point of view. Human who is distinguished from non-self and is known as a civil nature, intentionally or unintentionally his individual part and social part is linked through culture, but some instances of this right have conflicted to Islamic rules, Pervasive legitimacy is placed in question that Are there Islamic law, the Pervasive legitimacy of access and cultural participation right is possible. This research with argumentative approach and using postulate based on religious reasons (independent reasoning), so after concept of culture and estimate the ratio between Culture and Cultural utilization, prove the the interdependence between human life and social life in one hand and the other between culture and social life of human, then In this way, has proved Pervasive legitimacy of right of Cultural utilization. Then, according to Islamic law recognized the legitimate from the illegitimate typicality and based on Targeted look at parts of correlativity, Purposefulness of creation according to the Quran is another reason for the mentioned right for all people. Then finally, through referring to Shiite jurists' judicial decree, approved accuracy of previous hypothesis. Manuscript profile -
Open Access Article
486 - Study of Anthropological Origins of Human Cultural Rights
Ehsan Taheri Hajivand Hamid Reza JamaliIn the introduction of the Universal Declaration of Human Rights, “recognition of inherent dignity” of all human members is realized as the basis of freedom, justice, and peace around the world and it has been emphasized on believing in “dignity and va MoreIn the introduction of the Universal Declaration of Human Rights, “recognition of inherent dignity” of all human members is realized as the basis of freedom, justice, and peace around the world and it has been emphasized on believing in “dignity and value of individual human” by the people of the united nations and also the fact that “human rights” must be supported by law enforcement. However, legislation and enforcement of law and principally the most basic inquiry about humanistic sciences including law have a secondary status in relation to recognition of “human”. Therefore, there is no exceptions to human cultural rights in regard to this principle, too. By posing this question that “what are the anthropological principles of human cultural rights”, and applying a qualitative content analysis with an anthropological approach, the present study is an attempt to evaluate this assumption that “human cultural rights are rooted in human nature and his physique”. The results indicated that studying definition, origin, physique, anatomy and lifestyle of human and his relationship with culture imply that human is a cultural creature and cultural rights have their origin in human nature; accordingly, to support and promote human cultural right, we need to put emphasis on compliance of these rights with their anthropological origin. Manuscript profile -
Open Access Article
487 - 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
488 - Cultural Diversity, Human Rights and Approach of Human Security
hosain sartipi azin kiani In view of the cultural diversity, all nations and societies around the world with their experience in the cultural, historical and religious diversity emphasize on their peculiarities and characteristics and respect their religious and cultural values as well a More In view of the cultural diversity, all nations and societies around the world with their experience in the cultural, historical and religious diversity emphasize on their peculiarities and characteristics and respect their religious and cultural values as well as universal human rights. It should be emphasized that the main argument in the context of cultural diversity does not enhance the cultural relativism sophistry. What is the priority of strengthening intercultural dialogue is to achieve a universal definition of human rights, and the introduction of such an approach is the respect for cultural diversity. In this regard, historical experience provides some support for this argument. Many cultures and civilizations throughout history have been ups and downs. Some of them have grown, flourished and dominated, and some have been in steep decline. Although, cultural diversity, cultural rights, human security, economic development and human rights elements seem separate and distinct apparently, but closely intertwined each connected and integrated with each other and fall or develop any direct the other will be effective and efficient. In this paper, the cultural diversity in relation to human rights and human security has been assessed to what extent the ability of peaceful coexistence between different cultures in one country, the region and the world stage in such a view is provided. However, there is still a lot of ambiguities and objections, but the situation can be described as the perfect consistency, to be considered for future developments in this area. Manuscript profile -
Open Access Article
489 - 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
490 - The Democratic Facets of the Ideal Political System in the Political Theory of Immanuel Kant and Jürgen Habermas
hosseinali nozari ali imaniAbstract: The concept of ideal political system and the identifying a political system with proper functions is a issue which has a long history in the philosophy of politics, its long history and its origin in political theory, at least in Plato's statements, in parti MoreAbstract: The concept of ideal political system and the identifying a political system with proper functions is a issue which has a long history in the philosophy of politics, its long history and its origin in political theory, at least in Plato's statements, in particular the treatise of the Republic and the treatise of Aristotle's Politics And his famous classification of political systems is evident. Two thinkers who have focused on the theory have been Immanuel Kant and Jürgen Habermas. Kant's ideal government is based on the law and the will of people . Its laws are based on the concept of the right and considering on the prior principles of reason such as freedom, equality and independence . In addition, it is governed by a representative system and separation of powers and calls it the republic . In the present day, the German philosopher and theorist Jürgen Habermas, despite the loyalty to the concept of liberal democracy, tried to find a solution to the failure of this type of democracy to achieve its goals by rebuilding it in its unique way. So he introduces a kind of democracy called deliberative democracy, In this type of democracy, communicative action and rational reasoning and the rule of communicative rationality are decisive elements. The present research seeks to explain the views of these two thinkers on ideal political system of the society. Manuscript profile -
Open Access Article
491 - A comparative study of the discourse of peace among human and religious schools (Case Study of Islam and communitarians)
nilofar chinichian Malek Yahya salahiReview : One of the pivotal issues in the political context is the establishment of peace and the way to achieve it. In fact, concepts such as justice, friendship, discourse, balance, tolerance, and peace are about to emerge. Religions always believe that there is a pea MoreReview : One of the pivotal issues in the political context is the establishment of peace and the way to achieve it. In fact, concepts such as justice, friendship, discourse, balance, tolerance, and peace are about to emerge. Religions always believe that there is a peace between the ends of human life and the way to the perfection of human life. On the other hand, we are confronted with the history of the thought of human schools and in the views of great philosophers such as Plato, Aristotle, Locke, Kant, Rolls, etc. With themes such as peace as justice, lasting peace, democratic peace. In the contemporary world, with the growth and spread of violence, extremism, Islamophobia, the indifference of the need for a peace dialogue between contemporary schools and villages is essential. One of the most important contemporary intellectual currents of thought is congregationalism. The theoretical framework of congregationalism, due to having such teachings as politics as virtue, the priority of goodness to the right, respect for the cultural diversity and value of societies, the denial of profitability, introduces new definitions of peace and justice. It seems that the theoretical foundations of congregations are partly based on the theoretical foundations of Islam and can be based on dialogue and understanding. In this paper, descriptive-analytic method is used to investigate and analyze and analyze the research information. It is also based on the Quintana Skinner (text-authoring) hermeneutics. Manuscript profile -
Open Access Article
492 - Political rights of people in exercising control over the state
Ali KazemzadehPolitical rights are part of human rights that address human rights in the field of politics, including matters such as the right to determine their political destiny and political rights, and the right to political freedoms. The right to determine their fate and politi MorePolitical rights are part of human rights that address human rights in the field of politics, including matters such as the right to determine their political destiny and political rights, and the right to political freedoms. The right to determine their fate and political destiny is the most important political right; the public domain is common to human beings and is the voice of the people. Public service providers are responsible for selecting people to do this service, Capture and interference in the public domain is not permitted without the consent and consent of the people; in the democratic system, the criterion of enjoying public rights is the consent of the majority with respect for minority rights, including the right to political participation, including the right to self determination, the right of the people to participate in Elections and referendums, the right to participate in decisions, the right of citizens to have access to government offices, the right to criticize and protest, the right to dismiss, the right to choose leaders, , they will elect another or choose not to participate in it. Through which they announce their dissatisfaction and apply regulatory tools to the governing body. Manuscript profile -
Open Access Article
493 - Influence of good governance in respect of human rights
seyed zeinalabedin mousavi Housein aghaei jannat makan nourmohammad nowruziHuman rights demands have increased human rights around the world. Public opinion has more responsibility for governments than ever before. These developments have contributed to the spread of universal human rights. As a result, some personal and collective rights have MoreHuman rights demands have increased human rights around the world. Public opinion has more responsibility for governments than ever before. These developments have contributed to the spread of universal human rights. As a result, some personal and collective rights have been promoted and more important. International humanitarian law is under way in pursuit of human rights, and the issue of human rights and good governance has been placed on the agenda of international institutions and has led to the issuance of international documents The total of these developments has increased the expectations of the good governance of society and sees the way to guarantee and respect human rights in a kind of governance that has changed the concept of "good governance". Good governance is the ideal form of government that governs public affairs on the basis of indicators such as accountability, rule of law, accountability, government efficiency, the fight against corruption, central justice and the right to comment, and guarantees human rights.This type of governance is seriously addressed in response to human rights demands and the pursuit of democracy, in the field of public law and, of course, in international documents, and has been emphasized by international law in international treaties and emphasized by the majority of international lawyers. The author that observance and guarantee of human rights are not possible except in the light of good governance.Human rights implementation ensures the implementation of human rights indicators that achieve good governance and ensure the implementation of human rights. Manuscript profile -
Open Access Article
494 - The theory of Feminism and its Impacts on the United Nations Actions The theory of Feminism and its Impacts on the United Nations Actions In Support of Women’s Right
Soraya TayebiThe United Nation as the most important international organization, has played a very important role in promoting the status of women in the world, and since its inception, it has placed women’s rights on its agenda and through the adoption of resolutions, declara MoreThe United Nation as the most important international organization, has played a very important role in promoting the status of women in the world, and since its inception, it has placed women’s rights on its agenda and through the adoption of resolutions, declaration, covenants, conventions and holding international conferences and meetings, it has taken effective steps in this regard. The theory of feminism, specially liberal feminism which is considered in the framework of critical theories of international relations, and is one of the main concerns of those who believe in this movement has attempt to put an end to gender inequality and in support of women’s rights, it has helped the united nations to take effective actions to promote women’s status in the world. The present paper seeks to assess the relationship between feminist theory and its impacts on UN actions and in general, the role that this critical approach has placed in promoting the status of women and protecting women’s rights. In line with the subject, raised in this paper, the research question is how feminist approach has been able to influence the United Nations actions to protect women’s rights. In response, it seems that this critical approach from the very beginning of the United Nations had been able to take effective actions in achieving the desired goals and status of women’s rights, in light of Security Council resolution, 1325. Manuscript profile -
Open Access Article
495 - The political system and the question of Quranic point of view
Ali Mottaghi Mohammad Hadi Mahdavi Ali Fallahi Seifodin Ahmadreza TavakoliIn order to reduce the error of the brokers and improve the quality of the operation and improve the reliability coefficient in the good performing of tasks in various contemporary societies, the utility of supervision, review and accountability of brokers has been prov MoreIn order to reduce the error of the brokers and improve the quality of the operation and improve the reliability coefficient in the good performing of tasks in various contemporary societies, the utility of supervision, review and accountability of brokers has been proven. In this regard, the main question is why people have a right to oversee the functions of their government and their agents, and if they are criticized and protested, they will express it and change things. What is the point of view of the jurisprudence? The author of this research, by referring to some related sources, verses from the Quran, and narrations from the Infallibles (as) and thinkers ... and by citation and analysis, outlines how to monitor and review the performance of agents by the citizens, and to this It has been concluded that this method, if provided in accordance with jurisprudence, is called to bring more efficiency to the Islamic system. And can play a more important role in presenting the pattern of the Shi'a Islamic system. Manuscript profile -
Open Access Article
496 - The position of women's political rights in the Charter of Citizenship Rights
mohsen emami qashlaq arezo hoseiniePolitical rights mean that a person can participate in the socio-political life of his country by electing rulers, political officials, or in holding political and social jobs in his country, or expressing his ideas well in free assemblies; Thus, the Charter of Citizens MorePolitical rights mean that a person can participate in the socio-political life of his country by electing rulers, political officials, or in holding political and social jobs in his country, or expressing his ideas well in free assemblies; Thus, the Charter of Citizenship Rights reflects the government's concern in raising public awareness of citizenship rights and institutionalizing respect for human rights. In this regard, one of the most important issues of the Charter of Citizenship is the issue of women's rights. Accordingly, the purpose of this article is to review and analyze the degree of attention to women's citizenship rights in the dictionary of the Charter of Citizenship Rights. The above study shows that women's citizenship rights have been considered to an acceptable extent in the Charter of Citizenship Rights. However, there is no guarantee of proper implementation on the one hand and some practical and executive challenges on the other hand. Has faced serious obstacles. Manuscript profile -
Open Access Article
497 - View on human right evolution and its effects on national sovereignty of countries
meysam اسلام پناه seyed baqer Mirabbasi ابومحمد عسگرخانی مریم مرادیView on human right evolution and its effects on national sovereignty of countries Abstract In today's age, human right issue has been considered as effective issue in international arena so that we have observed international evolution and challenges resulting from h MoreView on human right evolution and its effects on national sovereignty of countries Abstract In today's age, human right issue has been considered as effective issue in international arena so that we have observed international evolution and challenges resulting from human right issue on nationalsovereignty security of countries during past years. What is evident is activity of international institutions, especially United Nationsorganization,in different fields including human right has made sovereignty of governments more impressionable than before. So, it seems that other traditional perceptions of sovereignty concept are not acceptable in international law today. Because, such perceptions have lost their validity by international law evolutions and present evidences show that the principle of non-interfering in internal affairs of countries has been modified over time. This study has aimed to investigate conditional effects of human right on nationalsovereignty and security of countries. Also, relation between human right and national security of countries has been investigated and discussed. Manuscript profile -
Open Access Article
498 - 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
499 - 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
500 - The situation of children in armed conflict
ebrahim mashhadi masoud bitaneh musa musavi zenuzChildren are not the cause of armed conflict, but they have always suffered a lot in this regard in various ways. Therefore, since the largest share of injuries caused by armed conflict is to this group of civilians, therefore, humanitarian organizations and institution MoreChildren are not the cause of armed conflict, but they have always suffered a lot in this regard in various ways. Therefore, since the largest share of injuries caused by armed conflict is to this group of civilians, therefore, humanitarian organizations and institutions and governments have thought of supporting this vulnerable group. Children make up half of the victims of international and non-international (domestic) armed conflict. According to statistics, in more than 36 countries, children have been victims of armed conflict. Today, most of the armed conflicts are internal and the rate of destruction, violence and injuries to children and human casualties is very high and terrible. CHILDREN'S RIGHTS, ARMED CONFLICTS, INTERNATIONAL CONVENTIONS ON CHILDREN'S RIGHTS, GENERAL AND SPECIAL PROTECTION, UNIVERSAL DECLARATION OF HUMAN RIGHTS CHILDREN'S RIGHTS, ARMED CONFLICTS, INTERNATIONAL CONVENTIONS ON CHILDREN'S RIGHTS, GENERAL AND SPECIAL PROTECTION, UNIVERSAL DECLARATION OF HUMAN RIGHTS CHILDREN'S RIGHTS, ARMED CONFLICTS, INTERNATIONAL CONVENTIONS ON CHILDREN'S RIGHTS, GENERAL AND SPECIAL PROTECTION, UNIVERSAL DECLARATION OF HUMAN RIGHTS Manuscript profile -
Open Access Article
501 - Reflections on the position of the right to sustainable development with an approach to the role of governments
hamze abdollahipour faramarz atrian gholam hosein masuodSustainable development, which has become a kind of "neo-Malthusian" view, involves an approach to the benefit of the environment that fully preserves the environment, cohesion and sustainability through the use of resources. The use of resource, environment and resourc MoreSustainable development, which has become a kind of "neo-Malthusian" view, involves an approach to the benefit of the environment that fully preserves the environment, cohesion and sustainability through the use of resources. The use of resource, environment and resource to produce the same level of harvest, both quantitatively and qualitatively, has been preserved in the future. "Time". Equilibrium can only be achieved in the form that all those who upset the balance are eliminated or the opponents work to neutralize it. Increasing sustainability requires a holistic approach. As you can consider the dreams, you can also pay attention to the whole. On the sustainable side, it implies "the maintenance of resources and wealth by every generation or every level of human development." In fact, the type of system governing the relationship between the government and the people on the extent and scope of sustainable development in that system plays an important role. Manuscript profile -
Open Access Article
502 - Criminal psychology and the components of political crime in Iran (a comparative study of the first Pahlavi era and the Islamic Republic)
zohrabi eslam mohammad khani haniye ghorunehThe main goal of criminal psychology is to investigate the effective factors in the delinquency of criminals in various crimes. In relation to why a series of acts should be criminalized under the title of political crimes and receive a different executive guarantee res MoreThe main goal of criminal psychology is to investigate the effective factors in the delinquency of criminals in various crimes. In relation to why a series of acts should be criminalized under the title of political crimes and receive a different executive guarantee response, reasons have been mentioned by jurists, firstly, that these crimes lack the necessary elements of ordinary crimes such as malice and violence. Second, the subject and purpose of political crimes is to change a certain political situation with illegal means, and thirdly, since the purpose of the perpetrator is the government and political institutions, there is no violation of private rights. In the constitutional law, as the first codified text in the direction of establishing democracy and legislation, and in fact, the basis of the new political and legal system of Iran, it has also made it a political crime in its seventy-ninth amendment article. According to this article, in the cases of political and press offenses, the panel of judges will be present in the courts. Of course, from that time until now, the definition and examples of political crimes in Iran's legal system have been undecided. In the current laws of Iran, due to the lack of a specific and appropriate law in this field, in 2015, a law titled the Political Crime Law was approved by the legislature, based on the existing provisions, the judicial system can be based on the specific law of political crime. Manuscript profile -
Open Access Article
503 - Coordinates of freedom in the opinions of Mohammad Taghi Misbah Yazdi and Daud Firhi
saeed alizadah hasan shamsini ghiasvand Mohamad PorghorbanThe concept of freedom in Iran's intellectual field goes back to contemporary history. However, the jurisprudential-intellectual approach about it among Iranian thinkers is a newer phenomenon. Among recent Iranian thinkers and jurists, the mystery of freedom has always MoreThe concept of freedom in Iran's intellectual field goes back to contemporary history. However, the jurisprudential-intellectual approach about it among Iranian thinkers is a newer phenomenon. Among recent Iranian thinkers and jurists, the mystery of freedom has always been the most challenging issue. The central question and purpose of this research is the jurisprudential-philosophical conflicts of Mohammad Taghi Misbah Yazdi and Dawood Firhi about freedom. Based on the analytical-descriptive analysis method, it can be said that both thinkers encountered freedom based on theological and jurisprudential intellectual foundations. . For this reason, such freedom thinkers consider the existence of freedom and will in human existence, which is necessary for the spiritual excellence of man. Misbah Yazdi's methodology is classical jurisprudence, but Firhi looks at Islamic texts and experience based on hermeneutic and postmodernist methods. Misbah Yazdi does not accept the assumptions of modern liberalism such as freedom as the goal of worldly life, rationalism and individualism as the bases of political-social freedoms, while Firhi emphasizes on external freedom and the implementation of the bases of political-social freedoms such as individualism. It emphasizes humanism, human rights and women's rights.. Manuscript profile -
Open Access Article
504 - Comparative Study of Sheikh Fazl Al-Allah and Great Scholar Naeini on Right and Task
Faramarz Mirzazade Shahindokht PakzadPundits of every society, for transition from a society that have been involved in crisis, must draw and inform the required base for development. One of the basis of development is distinguish of rights and tasks that have been often ignored. In this article have been MorePundits of every society, for transition from a society that have been involved in crisis, must draw and inform the required base for development. One of the basis of development is distinguish of rights and tasks that have been often ignored. In this article have been payed to comparison on basis of right and task from Sheikh Fazl al-allah and great scholar Naeini viewpoint; ruler’s rights and tasks to people and vice versa. The aim of this comparison is comparative study the viewpoint of two great scholars in constitutional age on characteristics of transformational society. In the other words, we study on whom viewpoint could lead to development from transition: a society that found on Noori viewpoint or Naeini viewpoint? This study is on comparative – analytical method. We first, study rights and tasks from two scholars on the main text from them and then, compare them. The conclusion of this study is, if a society is managed on great scholar Naeinin viewpoint, would be balanced and developed, and the other would be unbalanced and undeveloped. Manuscript profile -
Open Access Article
505 - Human Rights and Citizen Rights on the Opinion of the Middle Eastern Islamic States with Emphasis on the Iranian Constitution
Amir SajediHuman rights and Citizen Rights are both derived from natural and inherent rights of all people and historically have been uniquely addressed among the various world thinkers and by the various schools of religious thought. It is unfortunately true however that un MoreHuman rights and Citizen Rights are both derived from natural and inherent rights of all people and historically have been uniquely addressed among the various world thinkers and by the various schools of religious thought. It is unfortunately true however that until the end of the Second World War the idea of human rights did not find a place in a wider arena of thought. Although with the declaration of human rights in 1948 and owing to other related conventions, human rights became a world-wide phenomena and many governments in the Middle-East still have not accepted all its clauses. These governments having stated that some aspects of the world human right laws are at odds with the Koranic teachings balk at carrying out their duties with respect to human and citizen rights. Citizen’s rights are those class of people’s rights which are given as national rights according to the constitution of relevant countries and as such cover only the citizens of the relevant nations. The passage of the constitution of the I.R.I encompassing sections 19, 23, 24, 26, 32, 47, ... which had contained the equal rights and citizen’s rights had generated great hope that the people of Iran will again after much time regain their human rights and citizen’s rights. The manner that these rights are accepted and are made to coexist with the Sharia and the way the populace of the nations in the Middle East are taught and informed on their quest for human rights and citizen’s rights are among the most noteworthy guides of their governments in carrying out its relevant duties. Manuscript profile -
Open Access Article
506 - Evolution of Citizenship Concept In The Globalization Process
Behrooz Deilam SalehiAiming at citizenship organ, as a bio-national center of gravity, globalization results in displacement of such “center of gravity” such a way that a bio-innovation called “bio-globalization” is appearing in 21st century. “Bio-globalization MoreAiming at citizenship organ, as a bio-national center of gravity, globalization results in displacement of such “center of gravity” such a way that a bio-innovation called “bio-globalization” is appearing in 21st century. “Bio-globalization” is a type of life in which not only national and home-made commitments, responsibilities, and rights are considered valuable but also humans achieve a level of knowledge based on that they are responsible globally for meta-national values and human instructions. In the present research, this hypothesis is tested: globalization causes a situation in which human knowledge and responsibility are treated meta-nationally because of information revolution and finally such knowledge and responsibility are linked to common social values. According to this, the concept of national citizenship in 21st century will not be fixed in future; on the other hand, a novel aspect of citizenship is appearing in 21st century called “meta-national or global citizenship”. Manuscript profile -
Open Access Article
507 - The position of human rights in the foreign policy of the United States of America (with an emphasis on the Palestinian issue)
sahar akhond خسرو وفائی سعدیIn the following three speeches, the present article has discussed the foreign policy of the United States in the 20th and 21st centuries, and in the course of multipolar, bipolar and unipolar international systems, and the place of legal principles in In general, and h MoreIn the following three speeches, the present article has discussed the foreign policy of the United States in the 20th and 21st centuries, and in the course of multipolar, bipolar and unipolar international systems, and the place of legal principles in In general, and human rights in particular have been examined in these policies. Based on what will come in the upcoming speeches, during the years between the first and second world wars, America paid special attention to the legal principles governing international relations, and political values such as democracy and freedom in relations between but during the Second World War and after that until today, political ideals and values such as international law, human rights, democracy, and freedom, as instrumental matters, were under Al-Sha'a has placed national power and national interests. Human rights have not only been exploited as a tool of foreign policy against the powerful rival of the 20th century, namely the Soviet Union and the Eastern Bloc, but also in the third world and the Islamic world. However, this approach A tool for Israel-Arab or Israel-Palestine relations has been specifically and unprecedentedly ruled. In the Israeli-Palestinian confrontation, especially in the Israeli war against Gaza, maximum disregard for legal standards and human rights has happened. So that America has taken Israel's life in the face of the "war crime" and "genocide" going on in Palestine, and Israel has received the full support of America. Manuscript profile -
Open Access Article
508 - An Elaboration on Protection of the Internet Broadcasting Right in the Light of Literary and Artistic Property
sadegh yazdani hojat karami احمد صابری مجدUndoubtedly, Internet Broadcasting is one of the cost-effective and inclusive methods for content sharing. One of the characteristics of internet broadcasting is that the content is available to the audience without being saved. Since many copyright-protected works are MoreUndoubtedly, Internet Broadcasting is one of the cost-effective and inclusive methods for content sharing. One of the characteristics of internet broadcasting is that the content is available to the audience without being saved. Since many copyright-protected works are transmitted through the internet, it has created issues with regard to the literary and artistic property rights. Among the challenging issues is the issue of protection of the internet broadcasting right, which has always been a matter of dispute between the supporters and opponents of such protection. Internet broadcasting rights protection has always been one of the topics discussed in the meetings for drafting the new treaty for the support of broadcasting organizations. The present article, considering all the mentioned issues, constitutes an attempt at answering the basic question of whether it is possible to protect internet broadcasting as is done with regard to the radio and television broadcasting. Furthermore, protecting the creator's rights against the internet broadcasting technology and considering the right of internet broadcasting for the creator are the issues that need to be studied and evaluated to clarify their current status and condition. The present study, while explaining the nature of internet broadcasting technology and comparing it with the radio and television broadcasting and considering the international documents and domestic laws of some countries, evaluates how the internet broadcasting technology is envisaged under the literary and artistic property rights system. Manuscript profile -
Open Access Article
509 - Instances and Obstacles of the International Bank Payments
hosien khalili bandli مصطفی السان بابک رضاپورNowadays, economic and commercial relations are not limited to the borders of one country and different countries of the world play significant roles in meeting each other's needs where banking relations have inevitably crossed borders and become international. Despite MoreNowadays, economic and commercial relations are not limited to the borders of one country and different countries of the world play significant roles in meeting each other's needs where banking relations have inevitably crossed borders and become international. Despite the variety, international bank payments follow a common rule in their being a requirement of many social and economic activities. From paying the costs of education abroad to large payments made in large design and construction projects by multinational companies or international trade, all are subject to the issue of the international payments for which the banking systems have allocated various tools out of which the parties have to choose one. Despite such fact, there have been problems in the past as obstacles to the international payments, which still exist in many countries of the world. This article seeks to answer a main question: what are the instances and obstacles of the international bank payments? In this regard, the qualitative method of documentary analysis has been used to conduct the research, and to collect the data, note-taking tool has been used based on different resources. First, we will take a look at the definitions and conceptual framework of the international bank payments. Later, the tools of international bank payments, the obstacles in international payments and finally the competent court and the ruling law to resolve disputes caused by international bank payments will be discussed. Manuscript profile -
Open Access Article
510 - Designing Curriculum of family rights Education Based to culture of individualvalues for Elementary System
Ruhollah moradi samira tighbakhshThis Study Was Mainly Designing Curriculum Based to family rights Education for Elementary System.The Present Study Aimed at Investigating the International Documents Conducted on family rights Education for Elementary System by Employing a Qualitative Approach .Domain MoreThis Study Was Mainly Designing Curriculum Based to family rights Education for Elementary System.The Present Study Aimed at Investigating the International Documents Conducted on family rights Education for Elementary System by Employing a Qualitative Approach .Domain of Research to Including of International Documents Related and Organization of Nation and International That Providing an Appropriate Framework for family rights Education in The Elementary System. In Order to Collect the Data ,The Related Literature Was Reviewed Based on The Questions and Objectives of The Study .The Data Analysis Was Based on Deduction.The Results of The Study Depicted five Main Categories Including Objective, Content,Learning / Teaching Strategies,Assessment Technicals and Environment and for Validity Used of Credibility and for ReliabilityUsed of Dependability and for Reliable of Capability in Education Investigation by Experts. This Study Was Mainly Designing Curriculum Based to family rights Education for Elementary System.The Present Study Aimed at Investigating the International Documents Conducted on family rights Education for Elementary System by Employing a Qualitative Approach .Domain of Research to Including of International Documents Related and Organization of Nation and International That Providing an Appropriate Framework for family rights Education in The Elementary System. In Order to Collect the Data ,The Related Literature Was Reviewed Based on The Questions and Objectives of The Study .The Data Analysis Was Based on Deduction.The Results of The Study Depicted five Main Categories Including Objective, Content,Learning / Teaching Strategies,Assessment Technicals and Environment and for Validity Used of Credibility and for ReliabilityUsed of Dependability and for Reliable of Capability in Education Investigation by Experts. Manuscript profile -
Open Access Article
511 - Jurisprudential Subjectology of Common Animal Traps with an Emphasis on Animal Rights
Mohammad ShafieiDespite the prevalent use of animal traps today, particularly adhesive and spring models, the jurisprudential aspects of these traps remain largely unexplored within environmental jurisprudence studies, receiving only partial attention amidst broader discussions. This r MoreDespite the prevalent use of animal traps today, particularly adhesive and spring models, the jurisprudential aspects of these traps remain largely unexplored within environmental jurisprudence studies, receiving only partial attention amidst broader discussions. This research employs a descriptive-analytical approach to investigate the thematic dimensions of terrestrial animal traps. Initially, notable legal rulings pertaining to trap usage are highlighted as crucial variables in jurisprudential discourse. Subsequently, the most common types of animal traps are scrutinized from a jurisprudential standpoint. The investigation reveals that while there is no outright prohibition on the use of traps, it is imperative to prioritize less harmful trapping methods when possible, with due consideration given to alternative solutions. In cases involving live traps, swift decisions must be made regarding the release or humane euthanasia of captured animals. This article adopts a comparative research framework, focusing on the examination of jurisprudence surrounding prevalent animal traps. As such, a comprehensive analysis of the legal and principled foundations underlying each effective trap type is beyond the scope of this study. Manuscript profile -
Open Access Article
512 - The rights of the plaintiff at the first stage of the first instance of civil proceedings )Based on the Imami jurisprudence)
hadi hajian محمدمهدی زارعی Saeid EbrahimiParties to a dispute in the stages of civil proceedings have rights and duties. Based on the provisions and legal materials, the aforementioned legal procedure is divided into three stages: the initial stage, the appeal and the final stage. Each of these stages has sect MoreParties to a dispute in the stages of civil proceedings have rights and duties. Based on the provisions and legal materials, the aforementioned legal procedure is divided into three stages: the initial stage, the appeal and the final stage. Each of these stages has sections in which the parties have rights and powers. The first stage of civil procedures, in turn, consists of four sections: "Until the first session of the legal procedure", "Until the end of the first session of the legal procedure", "Until the end of the negotiations of the parties", and "End of the legal procedure". These departments play an important role in shaping the prosecution. However, due to the wide range of topics, each of these stages can be studied independently. For this purpose, in this research, after presenting the fundamental issues, we studied the first stage: “until the first session of the legal procedure” from the perspective of jurisprudential premises. Given the concept of the aforementioned stage, the research concluded that, based on the jurisprudential premises, the plaintiff enjoys special privileges at this stage. The most prominent rights of the plaintiff at this stage are “to reject the lawsuit” and “to object to the validity of the document.” Therefore, the plaintiff can enjoy his rights by learning about his rights and legal obligations, and this enjoyment is based on the statements and evidence of jurists. Also, based on the rule of discretion and the principle of freedom of will, as well as from the perspective of jurisprudential principles, the plaintiff is free to enjoy the rights proposed at this stage and also in some cases to fulfill his rights in full at the second stage. Manuscript profile -
Open Access Article
513 - Analysis and investigation of crimes related to medicine and treatment by medical and pharmaceutical professionals
Samira tajkhorasani masoud BagheriToday, one of the foundations of power and the need for the legitimacy of governments is to respect the rights of citizens and the satisfaction of citizens. Because in today's world, citizens are the most important social pillars of different societies. The most importa MoreToday, one of the foundations of power and the need for the legitimacy of governments is to respect the rights of citizens and the satisfaction of citizens. Because in today's world, citizens are the most important social pillars of different societies. The most important task of officials and statesmen, which must be done in order to strengthen and improve an efficient and effective society, is to create citizenship and create satisfaction in citizens by providing the necessary facilities, facilities and mechanisms for citizens so that they can benefit from their citizenship rights. And to be able to perform their citizenship duties in a proper way towards the local community and the city they live in. Because nowadays, one of the main duties of every government is to ensure the welfare of the citizens. Social welfare appears in various civil, economic, social, political, cultural axes, right to food, housing and clothing, etc. Creating social welfare can provide the satisfaction of citizens. Citizens feel satisfied in the light of having social welfare and enjoying social protections based on social laws such as respect, right to self-determination, freedom of speech and press, freedom of opinion and religion, social justice, social security and consider the government as a welfare government. known Therefore, since social well-being in any society is one of the most basic social needs that society members must enjoy and well-being creates security, a sense of peace and security and all-round satisfaction of citizens regarding the present and the future, hence Today, one of the main tasks of every government is to provide the welfare of the citizens, which is largely established by the governments with the formation of new welfare institutions. The research method in the present study is descriptive-analytical. Manuscript profile -
Open Access Article
514 - 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
515 - Jurisprudential Foundations Citizenship Rights in the Legal System of Iran and Islam
moslem orangi Mohamad taghi Alavi Rahim VakilzadeCitizenship 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 societ 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 jurisprudential 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 jurisprudential 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
516 - New elements in Hilbert algebras
Ardavan NajafiIn this paper, the notion of commutator of elements of a Hilbert algebra are introduced and some properties are given. The notions of involution element and Engel element in Hilbert algebras are introduced. Many different characterizations of them are given. The MoreIn this paper, the notion of commutator of elements of a Hilbert algebra are introduced and some properties are given. The notions of involution element and Engel element in Hilbert algebras are introduced. Many different characterizations of them are given. Then, left (right) $k$-Engel elements as a natural generalization of commutators are introduced, and we discuss Engel elements, which is defined by left and right commutators. Finally, we will also study relationships between these elements. Manuscript profile -
Open Access Article
517 - Citizens' rights and life satisfaction among women working in the municipality of the region
Maryam RaheshkhoThe concept of citizenship is one of the concepts that has long been of great significance in developed societies in the past, and in recent years it has also migrated to developing societies and has spread widely among these communities, and various strata, including i MoreThe concept of citizenship is one of the concepts that has long been of great significance in developed societies in the past, and in recent years it has also migrated to developing societies and has spread widely among these communities, and various strata, including intellectuals , Agents, officials and even the general public. Therefore, in this research, the researcher has tried to find a connection between the rights of citizenship and various dimensions of civil rights, social rights, and political rights with the satisfaction of life among women working in the municipality of the 12th district of Tehran. For this reason, the opinions of thinkers Such as Jean-Jacques Rousseau, Miller, Tocqueville, Simmel, Hobbes and John Locke. The research method is a little scroll type which has used questionnaire tool based on documentary and library research Manuscript profile -
Open Access Article
518 - Designing the management model of future smart cities based on the components of the citizenship education system
hamed akhavan mahmood safari Masoumeh olaadianThe method of this research is practical in terms of purpose and it was done in an exploratory way. The method of data collection is a mixed method (qualitative and quantitative) and the tools of data collection are interviews with experts by conducting specialized inte MoreThe method of this research is practical in terms of purpose and it was done in an exploratory way. The method of data collection is a mixed method (qualitative and quantitative) and the tools of data collection are interviews with experts by conducting specialized interviews using the Delphi method, and a questionnaire. Then, through the implementation of the questionnaire, data analysis was done in the qualitative part by coding method (open, axial and selective) and in the quantitative part, the collected data was analyzed in two descriptive and inferential methods through SPSS and Smart PLS software, and the data was analyzed in the inferential analysis using the factor analysis method. (Exploratory factor analysis/Confirmatory factor analysis)The results showed the identified components of the citizenship education system: altruism, work conscience, chivalry, civil behavior, politeness and consideration, rule of law, cooperative spirit, responsibility, self-confidence, socio-political behavior, behavior based on religious and national teachings, environment. and sustainable development and finally smart governance with their indicators were accepted under the title of dimensions and components of the citizen education system model that have more influence in the management of future smart cities. five factors were proposed with high priority. These factors are: first priority: politeness and consideration component; Second priority: the spirit of participation component; Third priority: legalism component; The fourth priority: the civil behavior component and the fifth priority: the responsibility component. Model fit indices in factor analysis confirm the model fit. Manuscript profile -
Open Access Article
519 - Guardianship and adoption in Shahnameh Ferdowsi according to convention of children’s rights (1989)
somayeh ershadi Ahmad ZakeriAbstract The relationship between guardianship and adoption is a legal one. It has certain characteristics and necessitates special circumstances which according to its historical background and particular outlook in ancient Persia, various examples of it are seen MoreAbstract The relationship between guardianship and adoption is a legal one. It has certain characteristics and necessitates special circumstances which according to its historical background and particular outlook in ancient Persia, various examples of it are seen in Shahnameh. The purpose of this study is to examine different aspects of the rights of these adopted children in Shahnameh and to analyze the cases according to the articles of the convention of children’s rights. This document, Shahnameh is the first international agreement which supports the children’s rights and respects the same rights and privileges of a natural child for the adopted ones to the best interests of child. Different studies demonstrate that the guardianship and adoptions in Shahnameh had roots in social, political, and cultural factors and the economic coercion by no means had any role in the affair, the main concern being the cultivation and raising of children irrespective of winning the benefits gained in the process. The overall attention of the guardians towards the rights of these children are indeed praiseworthy. The emotional aspect in particular is an integral part of the guardian’s responsibility unlike the weak performances seen from some families in this regard. Keywords: Guardianship, adoption, the convention of children’s rights, child, Shahnameh Ferdowsi. Manuscript profile -
Open Access Article
520 - Oath in Shahnameh and its mythic connection with water and fire
Darya HaydariFerdowsi’s Shahnameh is and eternal singular work which has kept ancient Persian ceremonies and culture within itself. Each of these ceremonies is worthy of analysis namely the ceremony regarding making a vow which is also used today and is dealt with in different MoreFerdowsi’s Shahnameh is and eternal singular work which has kept ancient Persian ceremonies and culture within itself. Each of these ceremonies is worthy of analysis namely the ceremony regarding making a vow which is also used today and is dealt with in different places in Shahnameh. Hence in this article swear an oath and ancient beliefs in this connection and its reflection in Shahnameh and also its mythological connection with the two elements of water and fire is investigates. Sogand is a Persian word and its equivalent in Arabic is Ghasam and yamin. Dr Moein in the margin of Borhane-Ghate’ has brought if after the entry Sukeh. Sogand with the first and third accent innnnnn Avesta is Saokatevant (Gogerdmand) means that which has sulfur. In ancient Peasia and in complicated and ambiguous trials, the two sides were examined on a trial or test called sogand or oath. Sogand is part of a var (godly trials in ancient Persia). Sogand is a poisonous drug dissolved in water in form of a drink given to the accused. If he were innocent, he came to no harm and his innocence and righteousness was proved and if he were guilty, the poison would cause him death. Manuscript profile -
Open Access Article
521 - 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
522 - A Comparative Analysis of the Impact of Political Culture on Citizenship Rights in Iran and Turkey
vahid maskukia Seyed Ismail Hosseini Goli nader houshmandyar Ebrahim RahimabadiIn human societies, citizenship rights have always been considered,and neglecting them has led to the increase of many cultural, social, political,and economic anomalies and endangered citizenship rights.Various conditions and factors have affected the degree of realiza MoreIn human societies, citizenship rights have always been considered,and neglecting them has led to the increase of many cultural, social, political,and economic anomalies and endangered citizenship rights.Various conditions and factors have affected the degree of realization of citizenship rights in the society,among which we can mention the political culture. The main question of this article is that what are the main similarities and differences of citizenship rights in the two countries of Iran and Turkey?In the hypothesis,it can be stated that the main aspects of the similarity of the influence of political culture on the citizenship rights of thetwo countries of Iran and Turkey include the granting of voting rights to women, the political participationof women and the allocation of important political and managerial positions to them; Free education means easy access to a lawyer.While the main aspects of distinguishing the influence of political culture on the citizenship rights of the two countries of Iran and Turkey are the existence of fundamental conflicts in the constitutions ofthetwo countries,especially regarding words such as nation,ethnic groups and nationalities,different political systems and government structure based on non-secularist and secularist ideology;Twodifferent political cultures with regard to religious and traditional values, weakness of civil society and political participation of parties;Social participation of ethnic groups,equality of rights among ethnic groups,death penalty,participation of religious women in educational systemsUsing the descriptive-analytical method,this article examines therole and position of political culture in the realizationof citizenship rights in the two countries of Iran and Turkey. Manuscript profile -
Open Access Article
523 - The necessity of the intervention, done by government, in generation prohibiting in Iran's legal System (Regarding the note of Article 23 of the Family Support Law)
saeedh Tamizkar Atefeh Abbasi , Maryam Sadat Mohaghegh DamadAccording to the Article note 23 of the Family Support Law approved in 2011, in the situation where a contagious and dangerous disease of the couple causes damage to the fetus, medical and educational care and supervision should lead to the prohibition of generation. Co MoreAccording to the Article note 23 of the Family Support Law approved in 2011, in the situation where a contagious and dangerous disease of the couple causes damage to the fetus, medical and educational care and supervision should lead to the prohibition of generation. Considering that any intervention of the government in the privacy of the family requires jurisprudential and legal justification; This article tries to answer this main question with descriptive analytical method: "What are the jurisprudential-legal arguments for the government's intervention in generation prohibiting? And what is the necessity of governmental intervention? ». The method of qualitative article is descriptive-analytical and the method of collecting data is library and through taking notes. reasons such as excessive economic, medical and health costs; public health threats; cultural problems; Generational risks and the decline of national authority are among the reasons that justify the need for government intervention. The jurisprudential legal basis of this necessity is to eliminate the conflict between the public interest and the family's privacy, which on the basis of an important rule, the public interest is prioritized and the prohibition of generation is justified. Manuscript profile -
Open Access Article
524 - Jurisprudential Feasibility Of The Right To Anonymity In Cyberspace
fatemeh fallh tafti Samaneh BabaiFollowing the ever-increasing expansion of virtual space in human life, appropriate rights are created with it, one of which is the right of anonymity in this space, which is based on the principles of human freedom and privacy. But Muslim societies, especially our Isla MoreFollowing the ever-increasing expansion of virtual space in human life, appropriate rights are created with it, one of which is the right of anonymity in this space, which is based on the principles of human freedom and privacy. But Muslim societies, especially our Islamic country Iran, need to analyze it from the perspective of Imamiyyah jurisprudence and its laws, in order to gain knowledge about this emerging issue and its limits. This research, which was compiled using a descriptive analytical method, wants to solve the urgent need for research on this issue in this article and lay the groundwork for future research. The result of the present research is that Imami jurisprudence and Iranian law considers the right of anonymity as legitimate and acceptable for the user of virtual space according to the existing jurisprudential-legal evidence and considers it conditional on the three principles of "non-abuse", "legality" and "necessity". . In such a way that the owner of this right is not allowed to abuse it in terms of moral, economic and security. Also, the law can narrow this right and not allow or limit its use. "Necessity" is also considered as one of the limitations of this right that a person should use this right wherever "necessity" requires. Manuscript profile -
Open Access Article
525 - The position of the harmless jurisprudential rule in the theory of abuse of rights
azra rezazad bari یوسف مولایی Hossein JavadiOne of the most important and practical rules of jurisprudence is the rule of harmlessness, which has many Qur'anic and narrational origins, and for this reason, it has been the focus of jurists. However, the scope of this rule is disputed by jurists. Following the opin MoreOne of the most important and practical rules of jurisprudence is the rule of harmlessness, which has many Qur'anic and narrational origins, and for this reason, it has been the focus of jurists. However, the scope of this rule is disputed by jurists. Following the opinions of jurists shows that the scope of the rule of damages includes material and spiritual damages and it represents the primary ruling among other rulings and it is not in conflict with any ruling except the rule of subrogation. This conclusion is very similar to the theory of abuse of rights, which is expressed in civil liability discussions and its scope is the application and implementation of rights. In French law, in case of abuse in the position of enforcement of the right, the ruling on the right is revoked, and it is equal to the theory of negation of the ruling of the relationship. The new criterion proposed for abuse is the unusualness of the damage caused and, therefore, has a similar criterion to the rule of harmlessness. The channel of the rule is the application of the right and its scope is more limited than harm. Manuscript profile -
Open Access Article
526 - 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 -
Open Access Article
527 - Investigating the changes in the appearance of dry leaves of Eryngium cearuleum L. in different periods of storage
Soudabeh Nourzad Hasanali Naghdi badi Sepideh Kalateh jari Ali Mehrafarin Sakineh Saeidi sarIntroduction: Eryngium caeruleum M.B. (E. caucasicum Trautv.) is a herbaceous and perennial plant that can be found abundantly in the humid and forested areas of northern Iran and has been of interest to the natives of this region for a long time. Young leaves of Sea ho MoreIntroduction: Eryngium caeruleum M.B. (E. caucasicum Trautv.) is a herbaceous and perennial plant that can be found abundantly in the humid and forested areas of northern Iran and has been of interest to the natives of this region for a long time. Young leaves of Sea holly (can be used before flowering and reproductive phase) are mainly collected from humid areas and sold in local markets. Eryngium leaves are widely used as an edible vegetable and flavoring agent in preparing local dishes. In order to investigate the changes in appearance of leaves of Sea holly plant during different drying methods and storage time, this research was carried out in the spring of 2019. Experimental: The research was conducted in the form of a factorial completely randomized design in three replications. The green leaves of Sea holly plant were collected from the gardens of Noor city in the vegetative stage. The treatments of this study are drying methods 4 level (shade room with a temperature of about 25±3°C and proper ventilation, oven at a temperature of 55°C, vacuum oven at a temperature of 55°C and a microwave with a power of 500 watts) and storage times 3 level (first day, 75th and 150th day). The amount of plant pigments, lab colorimetric indices, hue angle, redness index, browning and brightness were measured. Results and Disscussion: The results of interaction effect of treatments showed that different drying methods and storage time had a significant effect on the studied traits. The lowest amount of green plant pigments was related to dry shade samples that were stored for 150 days. The qualitative characteristics of the plant samples that were dried in that vacuum at 55°C and then dried in a normal oven at 55°C were preserved more than other treatments. The colorimetric test showed that the plants dried in the vacuum oven method at 55 °C kept their green color well, unlike the shade-dried plants. Of course, increasing the duration of storage caused a decrease in the appearance quality of plant samples due to the decomposition of photosynthetic pigments. In thermal treatments, due to the role of heat in the destruction and decomposition of carotenoids, the amount of this compound decreases drastically. During drying, color changes occur due to the destruction of plant pigments and non-enzymatic reactions. Vegetable pigments are degraded during drying due to factors such as long processing time, high processing temperature, and seasonal changes. Degradation of photosynthetic pigments affects not only the attractive color of plants but also their nutritional value and taste. An increase in temperature has led to an increase in the rate of non-enzymatic browning reactions, and subsequently, yellowness has increased. The reason for the constant yellowness in the oven methods is probably the reduction of wrinkling at high temperature and as a result the proper reflection of light as well as the destruction of pigments. Drying at a low speed (ambient temperature) compared to rapid drying, will keep the product in a moist state for a longer period of time, which in turn will provide more time for Millard reactions and the formation of brown pigments. Extension: In total, this study showed that the maximum greenness and appearance quality of plants dried in a vacuum oven at 55 degrees Celsius and if storage is necessary, less than 75 days of storage will be better than long-term storage, which is recommended. Manuscript profile
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