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Open Access Article
1 - 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
2 - 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
3 - 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
4 - The impact of Women’s socio- intellectual conditions on efficiency of laws
Amir Nikpey Afsaneh Tavassoli Shiva Modareszadeh -
Open Access Article
5 - 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
6 - 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
7 - 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
8 - 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
9 - 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
10 - An investigation of Legal Foundations of Tourism in Iran
Mohsen Hassanpour -
Open Access Article
11 - 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
12 - 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
13 - 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
14 - 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
15 - 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
16 - 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
17 - 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
18 - 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
19 - 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
20 - 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 -
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21 - 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 -
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22 - 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
23 - A Study of the Position of Children’s Educational Rights in Islamic Jurisprudence and Civil Law
Jvad Sarkhosh somayeh NavianOne of the children’s rights is their educational right or, in other words, their right of being provided with the means of proper education. In spite of the improvements in children’s property rights and criminal laws in Iran’s constitution, there are MoreOne of the children’s rights is their educational right or, in other words, their right of being provided with the means of proper education. In spite of the improvements in children’s property rights and criminal laws in Iran’s constitution, there are still greatly-felt shortcomings in regard to children’s educational rights. For instance, lawmakers have specified no educational rights for fetus before it is actually born as a child, and considering the after-birth period, they have solely sufficed to the application of two legal articles, namely 1178 and 1104 articles, in a vague and brief way. This is as Islam, as a religion, has not only legislated special educational rights for the fetus actually in three phases of before the marriage of parents, before conception, and before the birth of the child, but also has explained several special educational rights for the after-birth period that lawmakers should include in their child protection laws. Manuscript profile -
Open Access Article
24 - 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 -
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25 - EU Actions Regarding the Principle of Non-Refoulement of Asylum Seekers in Light of EU-Turkey Agreement
Reza Mousazadeh Ahmadreza Azarpendar -
Open Access Article
26 - 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
27 - 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
28 - 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
29 - 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
30 - 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
31 - 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
32 - 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
33 - 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
34 - 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
35 - 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
36 - 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
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