fatemeh fahimi; naeme poormohammadi; seyed mohsen fattahi; Mahdi Lakzaei
Abstract
AbstractDisability and physical and mental disability is an important and unavoidable situation in the history of mankind Disability is a complication in an organ or organs of the body that may have been present from birth or occur at some point in a person's life over time or the effects of events and ...
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AbstractDisability and physical and mental disability is an important and unavoidable situation in the history of mankind Disability is a complication in an organ or organs of the body that may have been present from birth or occur at some point in a person's life over time or the effects of events and may cause the disabled person to misbehave.With the development of societies, the view of the disabled and disability has changed, so that in the period of late and postmodern modernity with disability studies, we see the rotation of the therapeutic model to the social model. It gives "cultural body" and "body perception and experience". The main point in defining disability and disability is to look at this phenomenon, which in general in this article we have examined four types of looks. Common looks are:That disability is a disorder caused by moral slippage or guilt of individuals or their parents, as well as a view of disability as a medical problem due to health deficiencies, and a third view of disability as a social barrier.That is, discrimination, social inactivity, economic dependence, high unemployment rates, and poor housing cause disability.....
Mohammad Nozari Ferdowsiye; Mohammad zahibat
Abstract
In Islamic jurisprudence, there are concepts such as Erhab, Eghtial, Fatk, Baghy and Moharebah which although may not be completely synonymous with the notion of terrorism, due to being among the factors threatening the security and are considered to be examples of Munkar (anything denounced as evil), ...
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In Islamic jurisprudence, there are concepts such as Erhab, Eghtial, Fatk, Baghy and Moharebah which although may not be completely synonymous with the notion of terrorism, due to being among the factors threatening the security and are considered to be examples of Munkar (anything denounced as evil), Islam opposes them. Accordingly, in political jurisprudence of Islam, moharebah, that is to say taking up arms in order to create fear and panic and depriving the people of security and comfort is criminalized and severe punishments are provided to tackle with it. In accordance with international instruments, widespread violations of fundamental human rights and freedoms, including political repression and social discriminations are regarded be fundamental causes of violent acts which are criminalized and generally are called terrorism. Western countries, with a broad interpretation of terrorism and following the Additional Protocol I to 1949 Geneva Conventions, have considered the struggles of the liberation movements as an international armed conflict and have accepted fighting against them in the form of terrorism. The authors, through a descriptive-analytic and comparative method and a library-based approach in collecting sources, while expressing the view of Islam and international instruments on terrorism, are seeking to prove that based on the view of Islamic law, the struggles of liberation movements in the form of Islamic jihad are defensive actions to realize the truth, repel the oppression and eliminate sedition, and confront oppression and arrogance and are right-oriented.
mohammad mahdi masoumi; mohammad salehimazandarani
Abstract
Obliging the obligor to perform the contractual obligations is one of the remedies or guarantees for breaching the contract. This remedy is foreseen in Imamiyah jurisprudence, Iranian law, and the relevant international instruments, but there are certain differences in domestic law and international ...
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Obliging the obligor to perform the contractual obligations is one of the remedies or guarantees for breaching the contract. This remedy is foreseen in Imamiyah jurisprudence, Iranian law, and the relevant international instruments, but there are certain differences in domestic law and international instruments in this area. Contrary to Iranian law in which the remedies are not equal with each other and the obligee is not free in choosing them, and he/she must initially demand obliging the performance of the obligation, in these international instruments, the right to obliging the performanceof the obligation and resorting to other means are along each other. That is, the obligee is free to choose the type of the remedy. Furthermore, in the aforementioned instruments, opposed to domestic law, the seizure of property of the debtor or obligor and his/her imprisonment for payment of debts or performance of contractual obligations is not foreseen. According to the dominant opinion in Imamiyah jurisprudence, assuming the possibility of obliging and compelling the obligor to perform the obligation, the obligee has no right to abolish the contract. However, some of the Islamic jurists have considered the possibility to obliging the performance and abolition as equal.
Davoud i Mohebb; azam taleb najafabady
Abstract
Representation is a fundamental right that represents the right to sovereignty and is regarded as an indispensable phenomenon from people so that all parts of the population including minority and majority can choose representatives to determine their own interests. Ensuring the fundamental rights of ...
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Representation is a fundamental right that represents the right to sovereignty and is regarded as an indispensable phenomenon from people so that all parts of the population including minority and majority can choose representatives to determine their own interests. Ensuring the fundamental rights of minorities requires recognition of their effective representation in a genuine and effective representation system. A desirable representation system must actually be able to reflect the political will of the minority along with the majority of the people; otherwise, the right to sovereignty of the people in determining their own destiny lacks an effective guarantee. One of the characteristics of a right-based and democratic state in the modern state has been the issue of the rights of minorities and securing and ensuring their rights in various fields in a maximum level which would only be achieved through the recognition of the right of representation for minorities. Despite the importance of this fundamental right, international instruments have paid attention to it in a highly restricted way that the democratic concept of representation is not defined and prescribed decisively in the most significant international instruments including 1966 Covenants. In the Islamic Republic of Iran, minorities are considered citizens of the Islamic society, which assigns them the same political status as of the majority of the society and therefore, similar to other citizens, the right to represent of minorities –which is based on right to self-determination and right to equality- has been emphasized and guaranteed in Principle 64 of the Constitution. The Islamic Republic of Iran's Constitution's approach toward minorities, with the belief in common human value and dignity and inviting convergence of followers of different religions around the commonalities, has provided a logical and reasonable model for coexistence and interaction between the minority and the majority.
Masoud Heidari
Abstract
The Islamic jurisprudence has not been able to determine a fixed age regarding puberty; this is a natural fact, since issues like inheritance, climatic conditions, cultural and social interactions, contribute to this phenomenon. Some Islamic Jurists(Foghaha) consider the crime committed by members of ...
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The Islamic jurisprudence has not been able to determine a fixed age regarding puberty; this is a natural fact, since issues like inheritance, climatic conditions, cultural and social interactions, contribute to this phenomenon. Some Islamic Jurists(Foghaha) consider the crime committed by members of this age group the same as penal responsibility, but this view is not absolute and has some restrictions like physical growth and mental perfection of the subjects, The Islamic Penal code of 2013, with due respect to Imamiye school of jurisprudence, intemational documents and legal sources has adopted an approach in relation to the previous measures and has registered advances in this respect, to name one, the acceptance of gradual penal responsibility among the said subjects, It should be noted that, the criticism on the issue of this age (Puberty penal age) as low and the possibility of their conviction to become punished holds true regarding this code. Attempt is made in this article to assess and analyze the penal responsibility of this age group, regarding their penalties with possible convictions to retaliation or limit and… on the basis of Imamiye school, Iranian laws and International documents.