Univerisity of QomComparative Studies on Islamic and Western Law2476-421312420251222The effect of the vocabulary system on the perception of wrongfulness of crime from the perspective of Western and Islamic criminal ideasThe effect of the vocabulary system on the perception of wrongfulness of crime from the perspective of Western and Islamic criminal ideas128291310.22091/csiw.2024.10636.2532FAGhasemEslaminia.°Assistant Professor of Zabul University Law Department, Zabul, Iran.DavoodSeify QareyataqAssistant Professor of Zabul University Law Department, Zabul, Iran.HamidrezaParhammehrMember of the Faculty of Law Department of Zabul University, Zabul, Iran.Journal Article20240427People's adherence to criminal laws in the situation of ignoring the moral and intuitive dimensions of those regulations and emphasizing only the social dimensions of the crime is a costly issue and lacks moral value; But in the light of the perception of crime as an illegal behavior centered on the "vocabulary system" which is the subject of this article, the subjects of criminal law, with respect to the numerous and invisible dimensions and aspects of the crime through the activation of internal sensitizers, see it in conflict with the material and They also consider their original interests. This article aims to strengthen and deepen the above-mentioned insight system and enrich criminal ideas through the vocabulary system, and aims to prove that the development of a value system and preventive action based on the Quranic vocabulary system, leads to the flourishing of natural talents in the field of strengthening self-restraint. It can be seen that in a comparative comparison, it is also approved to some extent by some great Western thinkers. In fact, intuitive and conscientious condemnation of crimes that have been criminalized in a fair process and by observing the principle of exceptionality of criminal intervention; Relying on appropriate vocabulary that leads to the perception of crime as an improper and inconsistent behavior with the personality structure and fundamental human-social interests, it is considered the most humane way to prevent crime, and it is apparently the main strategy of the Qur'an in explaining illegal behavior and how to deal with it. Is. The aforementioned strategy is partly approved by thinkers such as Kant and Durkheim due to its emphasis on common sense and intuitive perception of humans. It narrows the field to the realm of theories that consider the wrongness of crimes solely to the will of the government or its monopoly to social reflections.People's adherence to criminal laws in the situation of ignoring the moral and intuitive dimensions of those regulations and emphasizing only the social dimensions of the crime is a costly issue and lacks moral value; But in the light of the perception of crime as an illegal behavior centered on the "vocabulary system" which is the subject of this article, the subjects of criminal law, with respect to the numerous and invisible dimensions and aspects of the crime through the activation of internal sensitizers, see it in conflict with the material and They also consider their original interests. This article aims to strengthen and deepen the above-mentioned insight system and enrich criminal ideas through the vocabulary system, and aims to prove that the development of a value system and preventive action based on the Quranic vocabulary system, leads to the flourishing of natural talents in the field of strengthening self-restraint. It can be seen that in a comparative comparison, it is also approved to some extent by some great Western thinkers. In fact, intuitive and conscientious condemnation of crimes that have been criminalized in a fair process and by observing the principle of exceptionality of criminal intervention; Relying on appropriate vocabulary that leads to the perception of crime as an improper and inconsistent behavior with the personality structure and fundamental human-social interests, it is considered the most humane way to prevent crime, and it is apparently the main strategy of the Qur'an in explaining illegal behavior and how to deal with it. Is. The aforementioned strategy is partly approved by thinkers such as Kant and Durkheim due to its emphasis on common sense and intuitive perception of humans. It narrows the field to the realm of theories that consider the wrongness of crimes solely to the will of the government or its monopoly to social reflections.https://csiw.qom.ac.ir/article_2913_9d50bdd6082aea488ef619b2932c3a44.pdfUniverisity of QomComparative Studies on Islamic and Western Law2476-421312420251222A Comparative Study of the Opportunities and Challenges of Electronic Litigation in the Light of Fair TrialA Comparative Study of the Opportunities and Challenges of Electronic Litigation in the Light of Fair Trial2961391310.22091/csiw.2025.12107.2622FARezaBidramPhD student in Public Law, Shahid Beheshti University, Tehran, Iran.0009-0005-0542-0770AsadollahYavariAssociate Professor, Department of Law, Shahid Beheshti University, Tehran, Iran.0009-0005-6521-6480Journal Article20250111 Today, electronic litigation has been proposed as one of the tools for the transformation of judicial justice. Along with its advantages and opportunities, this new method of litigation also faces challenges that must be evaluated in light of the principles of fair trial. The present study, using a descriptive-analytical approach, conducts a comparative study of the challenges and opportunities of electronic litigation, emphasizing the principles of ensuring justice in the trial process. One of the most important opportunities of electronic litigation is facilitating individuals' access to justice by reducing the costs and time of judicial processes. Greater transparency, the possibility of fully recording court decisions and judicial hearings digitally, and accelerating proceedings are other advantages of this system. However, this development has also created serious challenges that jeopardize the principles of fair trial, such as respecting the right to defense, equality of parties, and the principle of public trial. Examples of these challenges include limited access for individuals without digital capabilities, the possibility of privacy violations in online platforms, and issues related to cybersecurity. Some countries, such as developing countries, face infrastructure problems and insufficient legal preparedness, which in turn can violate the principles of fair trial. Overall, although e-trial is an important opportunity to improve the quality of judicial justice, it may have negative consequences if the requirements of fair trial are ignored. Today, electronic litigation has been proposed as one of the tools for the transformation of judicial justice. Along with its advantages and opportunities, this new method of litigation also faces challenges that must be evaluated in light of the principles of fair trial. The present study, using a descriptive-analytical approach, conducts a comparative study of the challenges and opportunities of electronic litigation, emphasizing the principles of ensuring justice in the trial process. One of the most important opportunities of electronic litigation is facilitating individuals' access to justice by reducing the costs and time of judicial processes. Greater transparency, the possibility of fully recording court decisions and judicial hearings digitally, and accelerating proceedings are other advantages of this system. However, this development has also created serious challenges that jeopardize the principles of fair trial, such as respecting the right to defense, equality of parties, and the principle of public trial. Examples of these challenges include limited access for individuals without digital capabilities, the possibility of privacy violations in online platforms, and issues related to cybersecurity. Some countries, such as developing countries, face infrastructure problems and insufficient legal preparedness, which in turn can violate the principles of fair trial. Overall, although e-trial is an important opportunity to improve the quality of judicial justice, it may have negative consequences if the requirements of fair trial are ignored.https://csiw.qom.ac.ir/article_3913_6002552fa2a2a028f9c2ff31bd3f02b0.pdfUniverisity of QomComparative Studies on Islamic and Western Law2476-421312420251222Competitive analysis of exclusive transactions in a vertical agreement (Comparative study in American, European Union, and Iranian law)Competitive analysis of exclusive transactions in a vertical agreement (Comparative study in American, European Union, and Iranian law)6289333210.22091/csiw.2025.11482.2601FAMirghasemJafarzadehAssociate Professor, Department of Private Law, Faculty of Law, Shahid Beheshti University, Tehran0000-0003-2988-6530معصومهاکبریان طبریPh.D. in Private Law, Faculty of Law, Shahid Beheshti University, Tehran, Iran.0000-0002-2051-010XRezaKhoshnodiPh.D. in Private Law, Faculty of Law, Shahid Beheshti University, Tehran.0009-0009-6679-3123Journal Article20241025As one of the most important vertical restrictions with specific features, exclusive transactions significantly affect competition and consumer welfare in product, technology, and innovation markets. Due to their anti-competitive consequences, these restrictive procedures are among the challenging issues in competition law. Therefore, this article seeks an answer to the question of whether exclusive transactions necessarily violate competition law or imply favorable economic and competitive consequences. In the present article, an attempt has been made to analyze the position of Iran's competition law by studying the legal approaches of the United States and the European Union while explaining the position of exclusive transactions in non-competitive relationships in the three markets of products, technology, and innovation, using a descriptive and analytical way. The findings of the comparative study show that this restrictive procedure in the competition laws of the United States and the European Union is evaluated by the new situation in the field of innovation and technology according to certain criteria and the rule of reason is usually applied to evaluate these limitations and The rule of absolute prohibition is used only in exceptional cases and in the case that exclusive transactions are seriously disruptive to competition. Instead, in Iran's competition laws, there is no explicit reference to exclusive transactions and the dimensions of these restrictions are unclear. However, these restrictions can be briefly inferred from several clauses of Article 45 of the Law on Implementing General Policies of Principle (44) of the Constitution. Therefore, it is suggested that the legal provisions be amended and the exemption regulations developed according to the interests of competitive markets and the specific requirements of the intellectual property field.As one of the most important vertical restrictions with specific features, exclusive transactions significantly affect competition and consumer welfare in product, technology, and innovation markets. Due to their anti-competitive consequences, these restrictive procedures are among the challenging issues in competition law. Therefore, this article seeks an answer to the question of whether exclusive transactions necessarily violate competition law or imply favorable economic and competitive consequences. In the present article, an attempt has been made to analyze the position of Iran's competition law by studying the legal approaches of the United States and the European Union while explaining the position of exclusive transactions in non-competitive relationships in the three markets of products, technology, and innovation, using a descriptive and analytical way. The findings of the comparative study show that this restrictive procedure in the competition laws of the United States and the European Union is evaluated by the new situation in the field of innovation and technology according to certain criteria and the rule of reason is usually applied to evaluate these limitations and The rule of absolute prohibition is used only in exceptional cases and in the case that exclusive transactions are seriously disruptive to competition. Instead, in Iran's competition laws, there is no explicit reference to exclusive transactions and the dimensions of these restrictions are unclear. However, these restrictions can be briefly inferred from several clauses of Article 45 of the Law on Implementing General Policies of Principle (44) of the Constitution. Therefore, it is suggested that the legal provisions be amended and the exemption regulations developed according to the interests of competitive markets and the specific requirements of the intellectual property field.https://csiw.qom.ac.ir/article_3332_02c22e0207f00a9dc77de08ed4ec40f8.pdfUniverisity of QomComparative Studies on Islamic and Western Law2476-421312420251222The position of government and the fundamental rights of the people in the scope of the divine command theory: a comparative study of the views of Islamic and Western theoristsThe position of government and the fundamental rights of the people in the scope of the divine command theory: a comparative study of the views of Islamic and Western theorists90118250210.22091/csiw.2023.6781.2053FAAlirezaDabirniaAssociate Professor, Department of Public Law, Faculty of Law, University of Qom, Qom, Iran.0000-0001-7259-5427KomailSadeghi. Ph.D Student of Public Law,University of Qom, Qom, Iran.Journal Article20210403Although the theory of the divine is not considered as a political theory, it has left its own effects on the political field in different eras. The mentioned theory has been popular among Muslim and Christian theologians and it has special effects in political legitimacy, the function of the government, public rights and freedoms, and etc. In general, divine political legitimacy, extensive influence of the church and clerics in politics, and severe restrictions on public freedoms are among the effects of this theory.It seems that the dependence on revelatory textsand disregard for practical reason in the framework of the above theory has laid the foundation for the widespread violation of the fundamental rights of individuals. In the current research, the above mentioned theory have been investigated in a comparative way between Islamic and Western thinkers. Despite the many similarities between Islamic and Western approaches, significant differences can be seen between these two approaches. Finally, it seems that the modern approaches to the divine command can partially cover the problems of the traditional theories.Although the theory of the divine is not considered as a political theory, it has left its own effects on the political field in different eras. The mentioned theory has been popular among Muslim and Christian theologians and it has special effects in political legitimacy, the function of the government, public rights and freedoms, and etc. In general, divine political legitimacy, extensive influence of the church and clerics in politics, and severe restrictions on public freedoms are among the effects of this theory.It seems that the dependence on revelatory textsand disregard for practical reason in the framework of the above theory has laid the foundation for the widespread violation of the fundamental rights of individuals. In the current research, the above mentioned theory have been investigated in a comparative way between Islamic and Western thinkers. Despite the many similarities between Islamic and Western approaches, significant differences can be seen between these two approaches. Finally, it seems that the modern approaches to the divine command can partially cover the problems of the traditional theories.https://csiw.qom.ac.ir/article_2502_374238a6202c642a1e80033f9eb6cacd.pdfUniverisity of QomComparative Studies on Islamic and Western Law2476-421312420251222comparative study of the necessity of legalization in cyberspace in the Iranian and American legal systemscomparative study of the necessity of legalization in cyberspace in the Iranian and American legal systems119143297210.22091/csiw.2024.9838.2451FAZahraRauofi FardPhD Graduate, Department of Public law, faculty of law, University of Tehran,, Tehran, Iran.0009-0006-9820-7860FiroozAslaniAssociate Professor, Department of Public Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran.Journal Article20231021 Internet as a modern phenomenon of the contemporary world has caused the development of human societies. The sovereignty must regulate the relations between individual citizens in the cyberspace. Undoubtedly, the scope of the people authorities and freedoms in the cyberspace is completely different from those of the real space. The maintenance of privacy, the prohibition of pornography, protection of copyright, etc., require the limitation on the users’ scope of activity. The Constitution explicates the outlines of the citizens’ rights and freedoms. The question that arises is whether the current laws can respond to the challenges of cyber space or do we need legislation in this area? the rules of self-regulation cannot regulate the relations of people of the nation in this space by enacting a comprehensive law, appropriate to the society's culture and ethics, and in accordance with the unquestionable principles of the Constitution and the protection of public rights and freedoms, action should be taken. In this case, blind adaptation of the laws of other countries should be avoided. In this article, an attempt has been made to provide solutions by studying the comparative study and using the experience of the United States in the field of legislation in cyberspace with a descriptive and analytical approach (referring to library sources) and by emphasizing the principles of the constitution, while providing a general framework. Internet as a modern phenomenon of the contemporary world has caused the development of human societies. The sovereignty must regulate the relations between individual citizens in the cyberspace. Undoubtedly, the scope of the people authorities and freedoms in the cyberspace is completely different from those of the real space. The maintenance of privacy, the prohibition of pornography, protection of copyright, etc., require the limitation on the users’ scope of activity. The Constitution explicates the outlines of the citizens’ rights and freedoms. The question that arises is whether the current laws can respond to the challenges of cyber space or do we need legislation in this area? the rules of self-regulation cannot regulate the relations of people of the nation in this space by enacting a comprehensive law, appropriate to the society's culture and ethics, and in accordance with the unquestionable principles of the Constitution and the protection of public rights and freedoms, action should be taken. In this case, blind adaptation of the laws of other countries should be avoided. In this article, an attempt has been made to provide solutions by studying the comparative study and using the experience of the United States in the field of legislation in cyberspace with a descriptive and analytical approach (referring to library sources) and by emphasizing the principles of the constitution, while providing a general framework.https://csiw.qom.ac.ir/article_2972_153aabc525917006b11b1cb7dcd96229.pdfUniverisity of QomComparative Studies on Islamic and Western Law2476-421312420251222Evaluating the Legitimacy of Legal Intervention in the Right to Adult Literacy from the Perspective of Islamic Law and International Human Rights InstrumentsEvaluating the Legitimacy of Legal Intervention in the Right to Adult Literacy from the Perspective of Islamic Law and International Human Rights Instruments144169352610.22091/csiw.2025.11500.2598FAMahdiyehGhanizadehAssistant Professor, Department of Islamic Jurisprudence and the Fundamentals of Islamic Law, University of Qom, Qom, Iran.Journal Article20241023 Adult literacy, as a manifestation of the right to education, is considered one of the fundamental human rights. Given that compulsory enforcement is generally not associated with the right to education except in specific cases such as primary education the issue raised in the context of the illiteracy crisis is whether a duty-based approach to the right to literacy and the legitimacy of legal intervention in this domain can be justified. Despite the necessity of examining this matter, no independent study has addressed it so far. Therefore, this article, using a descriptive-analytical method, seeks to explain the legitimacy of legal intervention in the right to adult literacy based on Islamic law and international human rights instruments.The findings of this research indicate the following: First: In Islamic law, the legitimacy of legal intervention relies on principles such as lā ḍarar (no harm), the precedence of public interest, nafy al-sabīl (no domination), and the obligation to preserve the social order. Second: Although an incentive-based approach is preferable in addressing illiteracy, assuming that the government has provided a suitable environment, a duty-oriented view of literacy and the adoption of a punitive approach can be religiously justified. Third: In international human rights instruments, the text of Article 13 of the International Covenant on Economic, Social and Cultural Rights, and the implications of provisions such as Article 29 of the Universal Declaration of Human Rights, Article 4 of the same Covenant, and Article 15 thereof indicate the permissibility of legal intervention in the matter of literacy Adult literacy, as a manifestation of the right to education, is considered one of the fundamental human rights. Given that compulsory enforcement is generally not associated with the right to education except in specific cases such as primary education the issue raised in the context of the illiteracy crisis is whether a duty-based approach to the right to literacy and the legitimacy of legal intervention in this domain can be justified. Despite the necessity of examining this matter, no independent study has addressed it so far. Therefore, this article, using a descriptive-analytical method, seeks to explain the legitimacy of legal intervention in the right to adult literacy based on Islamic law and international human rights instruments.The findings of this research indicate the following: First: In Islamic law, the legitimacy of legal intervention relies on principles such as lā ḍarar (no harm), the precedence of public interest, nafy al-sabīl (no domination), and the obligation to preserve the social order. Second: Although an incentive-based approach is preferable in addressing illiteracy, assuming that the government has provided a suitable environment, a duty-oriented view of literacy and the adoption of a punitive approach can be religiously justified. Third: In international human rights instruments, the text of Article 13 of the International Covenant on Economic, Social and Cultural Rights, and the implications of provisions such as Article 29 of the Universal Declaration of Human Rights, Article 4 of the same Covenant, and Article 15 thereof indicate the permissibility of legal intervention in the matter of literacyhttps://csiw.qom.ac.ir/article_3526_bb5dcd308df56c5009f6cf8aa1e69e6d.pdfUniverisity of QomComparative Studies on Islamic and Western Law2476-421312420251222Studying the theory of replacement of the beneficiary of the right of pre-emption agreement in modern French law of obligations and the possibility of its implementation in acquisition contracts in Iranian lawStudying the theory of replacement of the beneficiary of the right of pre-emption agreement in modern French law of obligations and the possibility of its implementation in acquisition contracts in Iranian law170198306310.22091/csiw.2024.10728.2541FAAliKazemiAssistant Professor, Department of Law, Shahrekord Branch, Islamic Azad University, Shahrekord, Iran.0000-0003-1530-0711NaderPourarshadAssistant Professor, Department of Law, Shahrekord Branch, Islamic Azad University, Shahrekord, Iran.Journal Article20240515in the law of modern obligations of France in terms of the needs of society; From 2002 onwards, French jurisprudence focused on the implementation of this theory in acquisition contracts and it showed itself in the decisions of the appeal courts. In 2016, in the reforms of the civil law, this theory was explicitly stated in Article 1123, and it is counted among the innovations of the French civil law. The proposal of this theory on contractual priority in acquisition contracts has no history in the domestic laws of our country, but by examining the conditions of implementation of this theory in the modern law of obligations of France and the capacities of the domestic laws of our country, it is possible to implement this theory in property transfer contracts and considering The daily need of the society to implement this theory will have useful practical effects in the judicial procedure.in the law of modern obligations of France in terms of the needs of society; From 2002 onwards, French jurisprudence focused on the implementation of this theory in acquisition contracts and it showed itself in the decisions of the appeal courts. In 2016, in the reforms of the civil law, this theory was explicitly stated in Article 1123, and it is counted among the innovations of the French civil law. The proposal of this theory on contractual priority in acquisition contracts has no history in the domestic laws of our country, but by examining the conditions of implementation of this theory in the modern law of obligations of France and the capacities of the domestic laws of our country, it is possible to implement this theory in property transfer contracts and considering The daily need of the society to implement this theory will have useful practical effects in the judicial procedure.https://csiw.qom.ac.ir/article_3063_07fa37dd7915fd1232036d6fa2f1c328.pdfUniverisity of QomComparative Studies on Islamic and Western Law2476-421312420251222Feasibility of compensatory damages for spiritual damage caused by the emission of electromagnetic waves in the seas, focusing on the approach of the legal rule of harmless and French lawFeasibility of compensatory damages for spiritual damage caused by the emission of electromagnetic waves in the seas, focusing on the approach of the legal rule of harmless and French law199232324610.22091/csiw.2025.9931.2459FAMozhganMotalebiPhD student in Jurisprudence and Fundamentals of Islamic Law, Isfahan (Khorasgan) Branch, Islamic Azad University, Isfahan, Iran.MahmudGhayumzadehProfessor, Department of Law, PhD, Saveh Branch, Islamic Azad University, Saveh, Iran.Mohammad RasoolAhangaranProfessor, Department of Jurisprudence and Law, Faculty of Theology, Farabi Colleges, University of Tehran, Qom, Iran.Journal Article20231004 This research, with an analytical and comparative method, has dealt with the feasibility of compensation for spiritual damage caused by the emission of electromagnetic waves in the seas, focusing on the approach of the legal rule of harm and French law. The special achievement of this research points to the fact that in jurisprudence texts no way has been foreseen to compensate for this type of unforeseen damages and the implementation of hadd, ta'zir, qisas and payment of dowry compensates only some examples of spiritual damage to some extent. The results of the research show that: in French law, material and spiritual damages can be compensated, but this damage must be obviously unusual and have a special importance. Also, the rules of civil liability in Iranian and French laws for sending electromagnetic waves are based on avoiding undue harm to others and, if necessary, compensating for the losses incurred, which can be considered in the light of the harmless rule in Iranian law. On the other hand, the loss of spiritual damage caused by the release of electromagnetic waves in the seas, the claim of non-profit in this system has become an undeniable loss. In French law, special laws and judicial procedure for the compensation of moral damage caused by sending waves of organized persons have been accepted. However, in Iranian law, a special law regarding the compensation of such losses has not been approved, and there is no consensus in the jurisprudence from which the right to demand compensation for collective damages can be inferred. This research, with an analytical and comparative method, has dealt with the feasibility of compensation for spiritual damage caused by the emission of electromagnetic waves in the seas, focusing on the approach of the legal rule of harm and French law. The special achievement of this research points to the fact that in jurisprudence texts no way has been foreseen to compensate for this type of unforeseen damages and the implementation of hadd, ta'zir, qisas and payment of dowry compensates only some examples of spiritual damage to some extent. The results of the research show that: in French law, material and spiritual damages can be compensated, but this damage must be obviously unusual and have a special importance. Also, the rules of civil liability in Iranian and French laws for sending electromagnetic waves are based on avoiding undue harm to others and, if necessary, compensating for the losses incurred, which can be considered in the light of the harmless rule in Iranian law. On the other hand, the loss of spiritual damage caused by the release of electromagnetic waves in the seas, the claim of non-profit in this system has become an undeniable loss. In French law, special laws and judicial procedure for the compensation of moral damage caused by sending waves of organized persons have been accepted. However, in Iranian law, a special law regarding the compensation of such losses has not been approved, and there is no consensus in the jurisprudence from which the right to demand compensation for collective damages can be inferred.https://csiw.qom.ac.ir/article_3246_46915f70897430a774dde0e4d9aa38fc.pdfUniverisity of QomComparative Studies on Islamic and Western Law2476-421312420251222Future Research of Crime Prevention Governance in Smart Cities in the Convergence or Violation of the Common Principle of Liberalism and Islamic TeachingsFuture Research of Crime Prevention Governance in Smart Cities in the Convergence or Violation of the Common Principle of Liberalism and Islamic Teachings233258320710.22091/csiw.2024.9407.2421FASeyed MohammadrezaMousavifardAssistant Professor, Department of Criminal Law and Criminology, Semnan Branch, Islamic Azad University, Semnan, Iran.0000-0001-8735-9363Ali RezaTaghipourAssociate Professor of Criminal Law and Criminology, Department of Law, Faculty of Humanities, Bu-Ali Sina University, Hamedan, Iran.FatimaNorir RomananSpecialized Doctorate in Criminal Law and Criminology, Central Tehran Branch, Islamic Azad University, Tehran, Iran.KimiaFarazmeherMaster of Criminal Law and Criminology, Naraq Branch, Islamic Azad University, Naraq, Iran.Journal Article20230505This study analyzes and investigates the issue of preventing government espionage in smart cities in order to maintain public security and citizens' rights. It examines the existing challenges and possibilities for countering potential government espionage and violations of human rights and citizens' privacy, and provides scientific and effective measures to create a balance between security objectives and human rights. This article addresses the main question of how advanced technologies can be utilized to prevent widespread government espionage while at the same time preventing violations of human rights and citizens' privacy. The research involves an analysis of various methods and strategies that emphasize the development of media and social literacy, strengthening civil oversight over government actions, and establishing international regulations to control state activities. As Islamic sources, such as verse 12 of Surah Al-Hujurat in the Holy Qur'an which states: "O you who have believed, avoid much [negative] assumption. Indeed, some assumption is sin. And do not spy or backbite each other...", greatly emphasize respect for privacy and the rights of others, this study provides a deeper interpretation of the protection of privacy in Islam and liberal thought. This research stresses that maintaining a balance between public security and human rights in smart cities is essential, and emphasizes the importance of implementing effective policies based on data and scientific evidence. This study promotes new approaches and strategies for managing security in urban environments and encourages policy decisions that support human rights and the privacy of citizensThis study analyzes and investigates the issue of preventing government espionage in smart cities in order to maintain public security and citizens' rights. It examines the existing challenges and possibilities for countering potential government espionage and violations of human rights and citizens' privacy, and provides scientific and effective measures to create a balance between security objectives and human rights. This article addresses the main question of how advanced technologies can be utilized to prevent widespread government espionage while at the same time preventing violations of human rights and citizens' privacy. The research involves an analysis of various methods and strategies that emphasize the development of media and social literacy, strengthening civil oversight over government actions, and establishing international regulations to control state activities. As Islamic sources, such as verse 12 of Surah Al-Hujurat in the Holy Qur'an which states: "O you who have believed, avoid much [negative] assumption. Indeed, some assumption is sin. And do not spy or backbite each other...", greatly emphasize respect for privacy and the rights of others, this study provides a deeper interpretation of the protection of privacy in Islam and liberal thought. This research stresses that maintaining a balance between public security and human rights in smart cities is essential, and emphasizes the importance of implementing effective policies based on data and scientific evidence. This study promotes new approaches and strategies for managing security in urban environments and encourages policy decisions that support human rights and the privacy of citizenshttps://csiw.qom.ac.ir/article_3207_feefe574e6bc65d35c983ca26abb68a6.pdfUniverisity of QomComparative Studies on Islamic and Western Law2476-421312420251222A Comparative Study of the Legal Systems of Iran and Pakistan in Response to Digital Crimes with an Approach to International Documents on the Digital SpaceA Comparative Study of the Legal Systems of Iran and Pakistan in Response to Digital Crimes with an Approach to International Documents on the Digital Space259285333910.22091/csiw.2025.11430.2593FAPeymanNamamianAssociate Professor of Criminal Law and Criminology, Faculty of Administrative Sciences and Economics, Arak University, Arak, Iran.0000-0001-7681-7293Journal Article20241004 Digital crimes, which originate from digital space technology, can only be observed. They are controlled and prevented through digital laws. Countries face the dangers of digital crimes for many reasons, from poor technology, inability and lack of standards to financial constraints, lack of cooperation with international law and implementing organizations. In order to combat digital crimes to the maximum extent, the Iranian legislator is trying to establish numerous and diverse regulations and documents that aim to strengthen the legal capacities for discovering and prosecuting the perpetrators of such crimes. However, despite the legislator's knowledge of the possibility of committing various crimes on digital platforms, the type of legal provisions has not been established according to the circumstances and situation of the perpetrator and the type of crime, which will somehow cause the expansion of the perpetrators' activism in such a space. In addition, in recent decades, the Pakistani legislator has attempted to adopt various regulations in order to protect the digital space and combat threats and crimes committed in it, and has established centers in this regard, which have provided the means to prevent and suppress the commission of digital crimes. Of course, the established standards have not been able to provide the digital space with legal and legal protection to the maximum extent. Therefore, the question of “Given the technical and technological developments in the global community, what capacity is there in the legislative sphere of Iran and Pakistan in responding to digital crimes?” has been the main focus of this article, the answer to which is the ultimate goal of writing the article Digital crimes, which originate from digital space technology, can only be observed. They are controlled and prevented through digital laws. Countries face the dangers of digital crimes for many reasons, from poor technology, inability and lack of standards to financial constraints, lack of cooperation with international law and implementing organizations. In order to combat digital crimes to the maximum extent, the Iranian legislator is trying to establish numerous and diverse regulations and documents that aim to strengthen the legal capacities for discovering and prosecuting the perpetrators of such crimes. However, despite the legislator's knowledge of the possibility of committing various crimes on digital platforms, the type of legal provisions has not been established according to the circumstances and situation of the perpetrator and the type of crime, which will somehow cause the expansion of the perpetrators' activism in such a space. In addition, in recent decades, the Pakistani legislator has attempted to adopt various regulations in order to protect the digital space and combat threats and crimes committed in it, and has established centers in this regard, which have provided the means to prevent and suppress the commission of digital crimes. Of course, the established standards have not been able to provide the digital space with legal and legal protection to the maximum extent. Therefore, the question of “Given the technical and technological developments in the global community, what capacity is there in the legislative sphere of Iran and Pakistan in responding to digital crimes?” has been the main focus of this article, the answer to which is the ultimate goal of writing the articlehttps://csiw.qom.ac.ir/article_3339_972d18fa53419f83f8a57fa53311abb7.pdf