https://csiw.qom.ac.ir/ Comparative Studies on Islamic and Western Law en daily 1 Mon, 22 Jun 2026 00:00:00 +0330 Mon, 22 Jun 2026 00:00:00 +0330 https://csiw.qom.ac.ir/article_3524.html This article first examines the relationship between rationalism and the modern state. Modern rationality proceeds from the status of the human being as a knowing subject who, relying on critical and self-grounded reason, constitutes the world as an object of knowledge. This transformed relationship between the human subject and the world is inseparably connected to the intellectual spirit of the modern age. Accordingly, the modern state, understood as an integrated whole, cannot be detached from the prevailing mentality and conceptual framework of society; rather, it is inextricably intertwined with modern rationality. Against this background, the relationship between the political order known in Iran as the Islamic Republic and the modern state is assessed with reference to the intellectual and philosophical context and theoretical foundations underlying each. The study concludes that the political order that emerged from the 1979 Islamic Revolution, which sought to embody Islamic political thought and to establish governance grounded in Sharia within a polity oriented toward divine revelation, has not attained the modern state, either theoretically or in practice, when examined in light of the constitutive elements of rationalism. This conclusion holds notwithstanding its adoption of modern concepts, terminology, and institutional forms as necessitated by the requirements of governance in the modern world, as well as the efforts of numerous scholars to demonstrate compatibility between Islamic and modern concepts and structures of thought. Accordingly, while critically examining these approaches, the article argues that construing the modern state without due regard for its theoretical foundations and semantic and conceptual content has resulted in a shallow, reductionist, and superficial understanding of its concepts and institutions, thereby giving rise to further challenges. https://csiw.qom.ac.ir/article_3682.html Lease is one of the most frequently used contractual arrangements, and the allocation of responsibility for the costs of minor repairs to leased property is among the principal issues arising between lessors and lessees. Under Article 486 of the Iranian Civil Code, the lessor is responsible for all expenses necessary to enable the lessee to make use of the leased property. By contrast, Article 20 of the 1977 Law on the Regulation of the Relationships between Lessors and Lessees places responsibility for the costs of minor repairs on the lessee. Some judicial decisions have likewise held, pursuant to Article 20 of the 1977 Law, that the lessee is responsible for the costs of minor repairs. Determining the proper allocation of such responsibility, however, requires clarification of the legal status and scope of the 1977 Law within the Iranian legal system, as well as an analysis of the concept of “minor repairs” with due regard to the distinction between short-term and long-term leases. Employing a descriptive-analytical method, this article examines the concept of minor repairs and clarifies the position and scope of the 1977 Law within Iranian law. It concludes that, in long-term leases, responsibility for minor repairs rests with the lessee, whereas in short-term leases, such responsibility rests with the lessor. https://csiw.qom.ac.ir/article_3602.html This article examines the concept, criteria for identifying, and legal status of surprising contractual terms through a comparative study of international instruments, the common law, and Iranian law. It seeks to formulate a clear definition and workable criteria for identifying and establishing such terms and to determine their legal status with respect to validity and binding effect. The study addresses the central questions of how international instruments and common-law judicial practice approach surprising terms and what position Iranian legal doctrine and judicial practice adopt toward them. Based on a comparative analysis of international instruments and an examination of judicial decisions, the article finds that surprising terms are contractual provisions that have not been individually negotiated by the parties and are incorporated into a contract contrary to the reasonable and ordinary expectations of the contracting party. Their content, language, or manner of presentation, including opaque or ambiguous drafting, small print, or placement on the reverse side of a document, may be such that the provision generally escapes the attention of the other contracting party, making its inclusion in the contract surprising to a reasonable person. Accordingly, the party against whom such a term is invoked may sign the contract without being aware of its existence and without a genuine intention to assume an obligation arising from it. The study further demonstrates that international instruments do not regard such terms as effective or binding unless the party seeking to rely on them has taken reasonable steps to draw the other party's attention to them. In Iranian law, the principle that subjective intention prevails over its objective manifestation likewise supports this approach. From an evidentiary perspective, given the particular nature of surprising terms, the party against whom such a term is invoked should not be presumed to have been aware of it; rather, the burden should rest on the party relying on the term to establish that reasonable and customary measures were taken to bring it to the other party's attention. Nevertheless, Iranian judicial practice has not adopted a uniform approach and has, in some cases, upheld such terms without sufficiently addressing their surprising character. https://csiw.qom.ac.ir/article_3901.html The right to bodily integrity is a fundamental human right recognized both in contemporary international human rights law and within the Islamic human rights framework as part of individual rights and in close connection with such concepts as the right to life, the right to health, and the prohibition of torture. Despite this foundational commonality, the interpretation of this right in challenging cases reveals areas of both conceptual and practical convergence and divergence between the two legal frameworks. Employing a descriptive-analytical method and a comparative approach, this article examines the extent of convergence and divergence in the interpretation of the right to bodily integrity in cases involving non-consensual medical interventions, abortion, suicide, and euthanasia. Drawing on Islamic jurisprudential sources, international legal instruments, and judicial practice, the analysis demonstrates that, although the two frameworks exhibit substantial convergence on principles such as the prohibition of torture and the requirement of consent to medical interventions, significant divergence becomes apparent in particular cases concerning abortion, suicide, and euthanasia. These divergences stem primarily from differences in the anthropological and ethical foundations underlying the two frameworks. https://csiw.qom.ac.ir/article_3105.html The constitution is the legal and political product of the constituent power in a given state. Accordingly, the judiciary, as an integral component of public power, derives its constitutional authority and institutional legitimacy from the constitution. The inherent function of the judicial system within any political order is to safeguard and protect the rights and freedoms of citizens and to secure the administration of justice - functions firmly established in the political and legal thought of the modern era. In modern political systems, the institutionalization of public law makes it possible for significant dimensions of the representative system, itself deriving from and operating in accordance with the people’s constituent power, to extend to the judicial branch. Within modern public law, the judiciary serves as a guardian of the rights of the people and as a check against the abuse of public power by the other branches; it therefore occupies a distinctive position among the branches of government. The central question of this study is: What theoretical foundations underpin judicial power within the framework of modern public law? The study examines this question in two main parts. It concludes that judicial power, like other forms of public power, reflects the political will of the people and their right to self-determination, and rests upon the public-law foundations of constituent power, representative government, and the separation of powers. Accordingly, the proper exercise and effective performance of judicial functions are ultimately matters of concern to the public and their representatives. https://csiw.qom.ac.ir/article_4158.html The Supreme Court occupies a significant, sensitive, and influential position within legal systems. As a judicial institution, it has the potential to bring about far-reaching developments in Iranian law. When properly designed in accordance with established institutional and legal criteria, the Supreme Court can, alongside legislation, play a critical role in securing the coherence and unity of the legal system. Disconnected elements cannot constitute a coherent legal system; accordingly, in modern legal orders, the Supreme Court serves, among other functions, to reduce divergences in judicial interpretation and to shape the legal trajectory of the country. Because institutional structure shapes institutional behavior, the structure of the Supreme Court influences the legal conduct of actors within the legal system. In other jurisdictions, the institutional structure of the Supreme Court has generally been designed in accordance with the purposes underlying its establishment. In Iran, however, the current structure of the Supreme Court has not only failed to achieve the objective of promoting coherence within a fragmented and dispersed legal system but has itself contributed to the emergence and perpetuation of divergent judicial practices. Consequently, substantive legal reform is unlikely to achieve its intended objectives without a corresponding reform of the existing structure of the Supreme Court of Iran. Employing a descriptive-analytical method, this article first examines the purposes underlying the establishment of the Supreme Courts of the United States, France, and Germany and then analyzes the institutional structures developed in those jurisdictions in light of those purposes. It subsequently examines the divergence between the intended purpose and institutional structure of the Supreme Court of Iran and their development since 1928, and puts forward proposals for reforming the Court’s institutional structure. https://csiw.qom.ac.ir/article_3563.html The right to nationality is of such fundamental importance that it has been described as a “right to have rights.” The enjoyment of this right is particularly vital for children belonging to minorities, who constitute one of the most vulnerable groups in society. Given the importance and necessity of the right to nationality for children, particularly in regions with minority populations, this article aims to analyse the right of children belonging to minorities to nationality in light of the views of the Committee on the Rights of the Child and to examine States’ obligations in this regard. Employing a descriptive-analytical method, the study finds that, in the Committee’s view, the enjoyment of nationality plays a pivotal role in enabling children to enjoy other human rights. The principal obligations of States concerning the right of children belonging to minorities to nationality include prioritising the status of these children in policymaking, reforming discriminatory nationality laws, making specific budgetary allocations to ensure the necessary funding for the granting of nationality to such children, and obtaining assistance from relevant civil society organisations affiliated with or operating in minority-populated regions. It appears that, for both legal and ethical reasons, as well as in view of the important objectives of domestic development and stability, one of the necessary measures in regions with minority populations is to reconsider discriminatory policies concerning nationality and to maximise access to nationality for minority populations generally, and for children in particular, while taking into account States’ legitimate security considerations. https://csiw.qom.ac.ir/article_2541.html Among the important issues in the field of civil liability is the liability of a supervising person or guardian for the acts of a person under his or her supervision or guardianship. As a general rule, the liability of the guardian is predominantly based on a presumption of fault, unless the contrary is established. The term “guardian” in this context refers to a person responsible for the care and supervision of a discerning or non-discerning child, or a person with a disability or visual impairment, whether appointed by operation of law or otherwise entrusted with such responsibility, thereby establishing a relationship of guardianship between the guardian and the person under guardianship. Where the person under guardianship causes damage to another and no external cause constitutes the source of the harm, the prevailing view among legal scholars is that the resulting loss must be compensated. Where the person under guardianship has sufficient assets, however, compensation for damage caused through his or her fault may, in the relevant circumstances, be satisfied from the minor’s own property. With regard to the civil liability of a principal, owner, or employer for the acts of a subordinate, including an agent or employee, the predominant approaches in the legal systems under consideration likewise place liability on fault-based grounds. Once a relationship of subordination is established, the employer, owner, or State is generally required to compensate for damage caused by the subordinate in the course of employment, unless it is established that the subordinate was himself or herself at fault in performing the relevant act. Nevertheless, in cases where the subordinate could not have prevented the harm even by exercising due care, liability for compensation is placed upon the principal. https://csiw.qom.ac.ir/article_3573.html In legal systems, secondary victims are persons who are indirectly affected by harm suffered by another, particularly in cases involving negligence. The issue of secondary victims may be examined in two distinct contexts: economic loss and psychiatric harm. This study examines pure economic loss suffered by secondary victims and the principles governing its compensation by analysing English judicial practice and relevant sources of Iranian law. English law provides a more developed and explicit framework for recognising secondary victims. Under English law, where the elements of negligence are established and a breach of the duty of care exists in the context of a special relationship involving a particular degree of reliance or trust, a secondary victim may, subject to certain conditions, recover the resulting loss. The findings indicate that the principles governing compensation under Iranian law may not adequately accommodate secondary victims and that claims for such losses face significant legal challenges. Nevertheless, having regard to Article 6 of the Civil Liability Act, together with the recognition of the concepts of natural obligation and future loss, compensation for the economic loss suffered by secondary victims may, to the extent that it does not impose undue hardship on the tortfeasor, be regarded as legally permissible. Causation as determined by ordinary social understanding may likewise constitute a sufficient basis for compensation, thereby moderating the requirement that the loss be direct. Iranian law appears gradually to be moving towards recognition of compensation for indirect economic losses arising from the economic harm suffered by persons closely connected to the primary victim. A comparison with English law reveals fundamental differences in the respective approaches and legal requirements governing compensation for such losses. https://csiw.qom.ac.ir/article_3338.html Service contracts constitute a distinct category of contracts recognised in two instruments, namely the Principles of European Law on Service Contracts and the Draft Common Frame of Reference, which provide specific rules governing such contracts. One type of service contract is the custodial and safekeeping contract, which is widely used both in commercial transactions and in the ordinary affairs of individuals. Under such a contract, one party undertakes, in return for remuneration, to safeguard and preserve property entrusted to it. This article examines the legal nature of this contract. By comparing its characteristics with those of nominate contracts exhibiting similar structures, the study demonstrates that, notwithstanding certain similarities, the custodial and safekeeping contract differs fundamentally from nominate contracts in light of the characteristics attributed to it in the aforementioned instruments. Accordingly, it cannot be accommodated within any of the nominate contracts recognised under Iranian law. Rather, by virtue of the principles of freedom of contract and party autonomy, it should be classified as an innominate contract governed by Article 10 of the Iranian Civil Code. https://csiw.qom.ac.ir/article_2969.html This article examines the Constitutional convention in the system of constitutional rights of the Islamic Republic of Iran in the competencies of the leadership. It has tried to cite the basic rules and regulations of the government and the special legal rules of the custom Fundamental rights theorists agree that the fundamental nature of the possibility of legal development enhances basic rights and in some way causes the constitution to be suspended and impoverished, and in the pursuit of social needs, it is considered to modify and promote fundamental rights.It seems that the idea of fundamental rights and its theorists would or will not be - despite the admission of the good idea of the formation of basic conventions - this important fact is considered to be the fundamental rights of stable systems of fundamental rights, which should be viewed as a socio-political reality To be Of course, we do not mean the basic customs of authoritarian traditions, which are the history of their own governments, but the formulation based on the competences of democracy, political rights and public freedoms is one of the fundamental principles of this study. https://csiw.qom.ac.ir/article_3603.html Abstract Administrative litigation serves as a fundamental mechanism for ensuring administrative justice and regulating the relationship between citizens and public institutions. This study conducts a comparative analysis of the structural and functional role of administrative litigation within the legal systems of the United Kingdom and the United States. In both jurisdictions, administrative disputes are adjudicated through quasi-judicial bodies and general courts. However, the United Kingdom’s administrative litigation system is primarily grounded in common law principles, which, despite their simplicity and flexibility, suffer from reduced transparency, particularly in terms of statutory deadlines and high litigation costs. In contrast, the United States' Administrative Procedure Act (APA) provides a more structured framework for adjudicating such disputes, ensuring greater procedural transparency and clearly defined statutory deadlines. While these features enhance efficiency and accuracy at the federal level, the duality of federal and state laws creates legal complexities that may restrict access to administrative justice. A hybrid approach that integrates the strengths of both systems could improve administrative justice, enhance transparency, and increase the efficiency of resolving administrative disputes in other jurisdictions, including Iran. https://csiw.qom.ac.ir/article_3681.html The analysis of the verses and narrations related to the concept of freedom shows a comprehensive view in which freedom is defined as an inherent right in interaction with the system of Shariah duties and social responsibilities. The present study, with an analytical-inferential approach, explains the nature and scope of the "right to freedom" in the juridical-legal system of Islam. Using ijtihad methodology and qualitative content analysis of jurisprudential sources, this study infers the structural relationship between the principles governing freedom such as the principle of negation of the mustache, the principle of obscenity and the rule of consolation and explains the system governing these concepts. The results of the research confirm that the limits of freedom in Imami jurisprudence are based on three fundamental principles: the principle of public interest, the principle of justice as the proportional distribution of rights and duties in the social system, and the principle of balance between individual rights and social responsibilities. This conceptual system, based on secondary jurisprudence rules, has prepared preventive and supervisory mechanisms to prevent the abuse of freedoms. The distinguishing feature of this research is presenting a systematic model of the legal structure of freedom in Islamic jurisprudence, which provides an efficient framework for managing legal conflicts in contemporary societies by explaining the moderating and regulatory mechanisms. https://csiw.qom.ac.ir/article_3743.html The European Court of Human Rights, as one of the judicial bodies overseeing the legal actions of member states, has over the years endeavored to guarantee the rights of European subjects against legislative actors through its jurisprudence. In this regard, by emphasizing certain characteristics of law, it has introduced the principle of legality into the qualitative dimension. According to this qualitative approach, only a law that conforms to the components of legal quality—namely, the necessity of clarity, foreseeability, and accessibility—can be considered a qualitative or high-quality law. Based on the Court’s jurisprudence, the absence of any of these conditions renders the relevant law invalid.The enactment of the controversial Article 220 of the Islamic Penal Code, although by omitting certain problematic hudud provisions mentioned in the draft bill it has reduced some legal, judicial, and international complications, has nonetheless led to the emergence of numerous qualitative deficiencies. The aforementioned article reflects the reality that the hudud specified in the law constitute only a portion of the hudud recognized by the legislator of this law. This recognized yet unspecified portion in the law is referred to as “unspecified hudud.” In this article, the authors, by considering the intended concept of legal quality as understood by the European Court of Human Rights and employing descriptive and analytical methods with a critical approach, have concluded that the problems arising from the understanding and application of the above-mentioned article—in connection with Article 167 of the Constitution—violate all three indicators of legal clarity, accessibility, and foreseeability. https://csiw.qom.ac.ir/article_3903.html Today, more than a decade after the birth of alternative punishments to imprisonment in the country's legislative system, the number of prisoners is still increasing, and in addition, the findings of some studies show the ineffectiveness of the current model of alternative punishments in reducing the criminal population of the country's prisons. Therefore, it seems that the time has come to identify the roots and causes of this failure. The present study has investigated this issue by adopting a descriptive-analytical method and has concluded that one of the reasons for the inefficiency of alternative punishments to imprisonment is legislation without considering necessity and utility, which in turn is rooted in the process of merging the "Alternatives to Imprisonment Bill" (which was prepared in the implementation of the Fourth Development Plan Law approved in 2004) in the Islamic Penal Code approved in 2013. In this hasty and imprecise process, the supervision period, which was envisaged in the bill as an independent punishment from the imprisonment and has a significant scope, was reduced to a lesser punishment than the probation due to non-expert changes and developments, and as a result, it lost its existential necessity and usefulness, but nevertheless it was approved and enforced, but after more than ten years Since the law came into force, the judges of the criminal courts have not used it. Therefore, due to the lack of necessity and usefulness, it seems that its elimination is necessary in order to reform the system of alternatives to imprisonment. https://csiw.qom.ac.ir/article_3927.html Personal data or information can be defined as any information, including name, surname, phone number, national ID number, personal photographs or images, etc., which in some way enables the identification of an individual. This paper utilizes the experiences of European countries, particularly Germany, in formulating and enacting comprehensive legislation for the protection of personal data. These experiences can be used to establish measures for protecting personal data, safeguarding individuals' rights, and reducing security risks within Iranian law. Furthermore, German law regarding secure online services can serve as a model for other organizations and service providers. This paper discusses and examines the criminal liability of data processors or controllers concerning the violation of these rights. In this regard, it analyzes and compares Iranian law and German law. As a member of the European Union, Germany is consequently obligated to adhere to EU regulations in this area. The general principles and rules governing the preservation and protection of personal data, which serve as the foundation and framework for legislation in this domain and the determination of liability, include: fairness, transparency, purpose limitation, data minimization, storage limitation, data accuracy, confidentiality, and finally, accountability. These principles have been established more comprehensively and completely in German law compared to Iranian law. https://csiw.qom.ac.ir/article_3958.html Regulation of Physician tariffs setting refers to the mechanisms that determine the prices of physician services and plays an important role in ensuring fair pricing. The purpose of this article, which was conducted using a descriptive-analytical method, was to conduct a comparative study of the regulation of the process of determining physicians' tariffs in Iran and Canada, identify challenges, and provide solutions in this field. In Iran, the Supreme Health Insurance Council (SHIC) is required to review the relative value and determine the health service tariffs for all providers of health, treatment, and diagnostic services, before the next year's budget is approved by the Council of Ministers, and submit the matter to the Council of Ministers for approval after approval by the National Planning and Budget Organization. In Canada, tariffs are determined through a participatory process between provincial governments and medical associations, and both play an equal role . Among the important challenges in the tariff setting process in Iran are the imbalance in the composition of the Supreme Insurance Council, the unreality of tariffs, and the differences in tariffs for different sectors and specialties. It is suggested that in Iran, the composition of the SHIC members should be balanced, as in Canada, and representatives of the demand and supply sides are equally present, and that important factors such as the global price of medical costs, inflation rate, etc. should be taken into account when determining tariffs. It is also necessary to align the tariffs of different sectors and specialties. https://csiw.qom.ac.ir/article_4030.html Testamentary disposition, as a deeply rooted institution in legal systems and religious traditions, represents an individual's final will concerning the disposition of property and affairs after death. Under Iranian law, wills are formally recognized in two principal categories: Possessory (tamlikī) and Contractual (ʿahdī). However, certain customary and jurisprudential instances elude categorization within these two types. Among such instances is the “Fakī will”—a testamentary act aimed at extinguishing a right or relinquishing a claim without directly transferring ownership or appointing an executor. This study adopts an analytical-critical approach to examine the legal status of the Fakī will within the Iranian legal framework. Through a comparative investigation into Islamic jurisprudence and civil law, it explores the theoretical foundations and practical challenges surrounding its recognition and implementation. The findings indicate that, although the Fakī will is not expressly provided for in the Iranian Civil Code, it is firmly grounded in authoritative jurisprudential sources and may be validly construed as a unilateral legal act (īqāʿ) contingent upon death. By clarifying the nature of the Fakī will, analyzing its exemplary applications, and evaluating its legal consequences and obligations, the study ultimately advocates for the formal recognition of the Fakī will in the Iranian Civil Code, along with the elaboration of its specific legal parameters to enhance the clarity and functional efficacy of this legal institution. https://csiw.qom.ac.ir/article_4033.html Parallel to the development of technology, the emerging phenomenon of "celebrity" and its legal ramifications are becoming increasingly apparent, making the necessity for formulating related legal frameworks profoundly felt. Just as celebrities enjoy material and immaterial benefits by virtue of their fame, the potential for the abuse of the right to celebrity is not unlikely. Accordingly, establishing specific rules to supervise their conduct is essential. In this regard, apart from the criminal, ethical liability of celebrities, a key question arises: if a celebrity intentionally or negligently endorses a substandard product or service of another person, and as a result of this encouragement, individuals use the substandard goods or services or become victims of another's criminal behavior, is the celebrity, who has in a way misused their right to fame, liable to compensate the aggrieved party or not? This article attempts, through a descriptive-analytical research method and library research, focusing on the famous "Kourosh Company" case, to examine the arguments of proponents and opponents of liability for celebrities. The research results indicate that in most cases, guarantee is not imposed on the endorser, because the damage is attributable to the perpetrator of the harmful act, not the endorser. In other words, given that, based on the principles of Islamic jurisprudence, the basis of civil liability is the attributable cause of damage and customary attribution (orfi esnaad), concerning endorsements by celebrities and the realization of damage for victims, the damage is not attributable to the celebrities. https://csiw.qom.ac.ir/article_4059.html Addressing the reasons and understanding the thinking grounds of one’s entitlement on his/her own fate in encountering with state’s power requires to explore and evaluate the thinking grounds of one’s entitlement on his/her own fate in encountering with the power of individual’s will preferences over public power neutrally in a rational manner along with expressing the relevant arguments. Otherwise, we sill face with opponents and proponents who seriously attempt to provide arguments in confirming or rejecting one’s entitlement on running his own affairs. Aside from clarifying thinkers’ opinions and verdicts and contemplation in the way of their philosophical arguments and the logical correctness of their phrases, present paper attempts to explore the foundation of one’s entitlement on guiding his/her own life, dreams and future by the aim of acquiring the maximum achievements from religious, legal and cognitive basics through data analysis and description comparatively in three areas: desired Islamic governance paradigm, Islamic Republic of Iran Constitution and individualism approach. https://csiw.qom.ac.ir/article_4159.html The emergence and rapid expansion of synergistic systems that combine the Internet of Things and artificial intelligence (AIoT) have opened a new horizon for the continuous monitoring of human biosignals and behavioural patterns, without diminishing the persistent threat to privacy. Using a descriptive–analytical method and drawing on library sources and specialised Imami jurisprudence software, this study first reconstructs the ethical–legal foundations of this field around three basic maxims: “respect” for the inviolability of the person, “dominion” over individual control of data flows, and “human dignity” as the intrinsic worth of the human qua human. It then conducts a comparative analysis of the European Union’s anticipatory, human-centred approach (the General Data Protection Regulation and the Artificial Intelligence Act) and the United States’ sectoral and state-based model (the National AI Initiative and the California Consumer Privacy Act), examining how each jurisdiction responds to the “privacy paradox in AIoT.” The findings show that the European architecture, with its emphasis on algorithmic transparency, risk-based classification and broad protection of personal data, is more closely aligned with Imami jurisprudential teachings, whereas the United States’ fragmented framework, although accelerating innovation, lacks the coherence required to fully secure human dignity and individual dominion over personal data. This indicates that, despite initial achievements in regulating AIoT, the accelerating pace of technological change calls for a fundamental re-examination of data-protection structures and requires AI-specific concerns to be fully integrated into all privacy frameworks, so that technological innovation and the safeguarding of individual rights can be realised in tandem. https://csiw.qom.ac.ir/article_4233.html The Zemmah Contract is one of the institutions the origin of which goes back to the Jurisprudence Standards upon which human are legally divided into three categories; Muslims, Zemmah non-Muslims and non-Muslim. Meanwhile, the latter has no rights. Although there is no mention of the contract in the 1979 Constitution, but the Islamic Penal Code 2013 has established the contract in the Iranian penal system. This article seeks to answer the question: Does the Contract has any effect on the enjoyment of legal and natural rights of minorities from the perspective of international law in the one hand and Iranian legal system on the other? The other question is whether acceptance of the Zemmah contract can be in conflict with international human rights treaties or not? The main argument is that the Contract received the signature of Sharia law has fundamental differences with the structures of modern times. However, in the contemporary era, substantive and procedural challenges arise when examining the interaction between the Zemmah contract and human rights norms protecting minorities, norms founded on the principle of equality, non-discrimination and the right to existence and preserve cultural identity. https://csiw.qom.ac.ir/article_4250.html In its specific sense, a negotiable instrument refers to a check, promissory note, or bill of exchange. All three embody a specific type of monetary obligation whose creation and transfer are contingent upon compliance with specific formal requirements prescribed by law. Both the UNCITRAL Model Law on Secured Transactions (adopted 2016) and the Law on Financing Production and Infrastructure (adopted 2023) provide for the possibility of creating a security right over this monetary obligation. This research, employing a descriptive-analytical method with a practical objective, conducts a comparative study of the provisions of these two laws.The findings indicate that both laws, by adopting the theory of the non-possessory security right, . This shift has made it possible to create a security right not only over tangible assets but also over monetary obligations, including negotiable instrument. Accordingly, the creation of a security right is possible only through a security agreement. Furthermore, a created security right becomes effective against third parties only upon its registration in the designated system (registry), although the Model Law also foresees the possession of the negotiable instrument as an alternative method for achieving this effectiveness.Finally, the Model Law refers the provisions governing the enforcement of a negotiable instrument after the default of the secured obligation to the domestic laws of enacting States. Therefore, in Iranian law, one can refer to the provisions of the Commercial Code and the Check Issuance Law for the enforcement of these documents. https://csiw.qom.ac.ir/article_4379.html The theory of "contract reduction" as a legal institution allows the valid portions of a contract to be preserved in cases of partial invalidity. The application of this theory, which requires judicial intervention, is recognized under similar frameworks in various legal systems. Despite the absence of explicit statutory provisions for this institution in Iranian law, scattered evidence in legal texts and judicial practice indicates an implicit and incomplete acknowledgment of the theory. This article employs a comparative-analytical method to elucidate the subjective basis (parties’ intent) and objective basis (public policy) of contract reduction, its implementation conditions, legal effects, and its potential adoption in Iranian law. In brief, although the legal mechanism of "Tabaoz Safqah" bears functional similarities to contract reduction, fundamental differences exist between the two. Explicit recognition of contract reduction as an independent legal institution in statutory texts is essential to align Iranian law with international legal standards and ensure contractual stability. https://csiw.qom.ac.ir/article_4380.html The Constitution is the fundamental document of the legal system and has a special status, and numerous theories and concepts have been formed about it. Despite its sanctity and respect, this document may be unable to perform its duties. This inability can be in a partial part, a goal, or the entirety of the constitution. In the constitutional theory, this situation is called constitutional failure. This article, using a descriptive-analytical method and a comparative study, seeks to answer the question of what constitutional failure means. In this article, while examining the types of constitutional failure, an attempt has been made to refer to some of the most important theories of constitutional failure. In addition, the article has also attempted to refer to the issue of constitutional failure and the theory of democracy. The theory of constitutional failure can pave the way for amending and if necessary replacing the constitution or constitutional replacement https://csiw.qom.ac.ir/article_4382.html This article addresses the question of how police capacities in two different legal systems can be utilized to prevent cybercrimes related to drug trafficking, thereby examining one of the emerging challenges of criminal law and policing in the digital age. The aim of the study is to conduct a comparative analysis of preventive policies and to evaluate the effectiveness of legal and technological tools in Iran and Switzerland. The methodology is library-based and analytical, with data drawn from domestic legislation, legal sources, scholarly articles, and international reports. Findings indicate that in Iran, criminal policy is based on absolute criminalization, with the Cyber Police (FATA) focusing on controlling criminal content, identifying fake accounts, and tracking decentralized financial transactions. Although this approach curbs the expansion of online transactions in the short term, its effectiveness faces serious obstacles due to technological limitations and legal challenges related to privacy. In contrast, Switzerland adopts a four-pillar policy of prevention, treatment, harm reduction, and law enforcement, directing police efforts toward identifying organized networks, combating money laundering, and fostering international cooperation. This difference demonstrates that Swiss police, alongside enforcement measures, play a more effective role in structural prevention of the expansion of online drug markets. The results of the article suggest that effective prevention of online drug trafficking requires a synthesis of both approaches: Iran should complement its cyber enforcement with strengthened social and educational policies, while Switzerland could benefit from Iran’s experience in strict cyber control and technical monitoring. https://csiw.qom.ac.ir/article_4383.html The strength and support of the family has always been the main challenge of the governments that believed in the society's dependence on a healthy family. Control and support are two aspects under which the relationship between the government and the family is defined. Governments, by using incentive and punishment tools, seek to influence the creation of behavioral patterns and build a strong family and support the family. This support includes activities to strengthen and preserve families, prevent family breakdown, and ensure early intervention in families at risk. These interventions must be taken into account through precise and efficient components in a legislative manner in order to achieve the desired result, which is the strength of the family. Components such as taking legal or political measures to protect women and children, including improving existing laws or introducing new laws with the aim of increasing protection of children, fighting domestic violence and direct compensation for (part of) the economic costs of caring for The child, which is not necessarily limited to low-income families, is very effective. https://csiw.qom.ac.ir/article_4389.html The commercial agency, as one of the fundamental structures in facilitating and regulating commercial relations, has a central position in legal systems. This study, using a descriptive-analytical method and a comparative approach, and going beyond the mere comparison of legal texts, examines the regulations governing this institution in Bill 1403 of the Iranian Commercial Code and the French Law of June 25, 1991, and analyzes the points of convergence and divergence in areas such as the legal independence of the representative, the requirements for registering the contract, the non-competition clause, and the grounds for termination. The findings indicate that French law, relying on custom, judicial practice, and institutional independence, provides a flexible model for commercial agency, while Iran's Bill 1403 seeks to regulate contractual relations. Finally, by presenting a set of reform proposals including the formulation of executive regulations, the development of specialized arbitration institutions, the design of an electronic registration system, and the establishment of an independent supervisory authority, it is emphasized that the strategic exploitation of comparative experiences can pave the way for legal security and enhance the efficiency of this institution in the Iranian legal system. https://csiw.qom.ac.ir/article_4432.html The eligibility of women for the presidency in Iran has remained a contested constitutional issue for over four decades. Existing scholarship has primarily concentrated on the doctrinal interpretation of Article 115 and its jurisprudential foundations, paying limited attention to the discursive and sociopolitical mechanisms that sustain women’s exclusion. This article addresses this gap by examining how legal ambiguity is embedded within broader structures of power. Drawing on Foucault’s notion of “regime of truth” and Bourdieu’s concepts of field, capital, and habitus, the study conceptualizes exclusion as a multi-level phenomenon. It analyzes the barriers to women’s presidency across three interrelated dimensions: structural (discursive ambiguity), intermediate (distribution of symbolic capital within the political field), and individual (internalization of gendered dispositions). Methodologically, the research employs qualitative critical discourse analysis of constitutional debates in the Assembly of Experts, interpretive opinions of the Guardian Council, and relevant legal and jurisprudential texts. The findings demonstrate that ambiguity surrounding the term rajal-e siyasi (“political personality”) operates not merely as a technical constitutional indeterminacy but as a productive mechanism within a regime of truth that normalizes male political authority. The article argues that women’s exclusion is reproduced through the interaction of institutional discourse, field dynamics, and gendered habitus. Absent transformation across all three levels, demands for women’s presidential eligibility are likely to remain confined to the symbolic sphere rather than producing substantive institutional change. https://csiw.qom.ac.ir/article_4488.html One of the intellectual challenges of Muslim Philosophers in the modern era has been the nature of the relationship between Islam and modernity in general and its confrontation with the concept of "law" in particular. This has led to the emergence of fundamental epistemological questions: Can we, by rethinking "Tradition" find solutions to reconcile "Tradition" as our identity with "modernity" as our inevitable destiny? Accordingly, in this article, by rereading the verses of the Quran in a contemporary context, we seek to understand how to convince public opinion in the social context of the sacred text in order to model this important issue in the legislative system. Because if we consider Quranic verses as the cornerstone of a value system and "law" as a reality resulting from the collective lived experience of human beings, we can use that intellectual background to make this human achievement effective. Based on the results of this article, in lawmaking, attention has been paid to Extra-legal issues, including the contemporary understanding of tradition, so that the dialectic of values and reality is established and subjective and objective matters are balanced. This research is library-based in terms of data collection method and research method is based on description and explanation and ultimately recommendation and prescription of an idea. https://csiw.qom.ac.ir/article_4536.html The basis of civil liability plays the first role in its genesis; In terms of identifying the responsible person, the meeting of causes is the heart of the issue of civil liability. After verifying the primary intervention of causes in the occurrence of damage, the question is whether these causes are in the same rank in terms of validity or not? And if they have preferences, what are these preferences? The aim of the upcoming research is to answer these questions; which will be done in a descriptive, analytical and descriptive method. Based on the findings, the substantive principle in the event of the primary intervention of causes in the occurrence of damage is the equality of causes; unless there is a valid reason for the superiority of one cause over another. In the proof stage, in case of doubt in the preference and priority of one cause, the practical principle is the equality of causes. The preferences of assets in the form of meeting of causes can be divided into two categories of homogeneous and heterogeneous assets, each of which has different types. This division is real and necessary; and it prevents many mistakes and scientific confusions in this issue. https://csiw.qom.ac.ir/article_4562.html This article starts from a moment in which a legal order meets crisis and defines its relation to exception: does departure from the rule mark the failure of law and a break in the normative order, or can it reveal the order’s capacity to contain an abnormal situation? In Imamiyyah jurisprudence, the principle of necessity offers an internal answer. Rooted in Qur’anic texts, practical reason, conflict of obligations, public interest, and necessity, it does not annul the ordinary rule; rather, it adjusts its application where compliance has become impossible or harmful. The state of exception in Carl Schmitt’s thought, and in Giorgio Agamben’s reading, moves differently. There, crisis exposes the relation between law and sovereign decision, the possible suspension of order, and the danger that exception may continue beyond its original occasion. Using a comparative-analytical method and a functional-conceptual comparison, this article does not treat these traditions as concepts on the same plane. It examines them through the roles they play when a normative order faces crisis. The comparison turns on five questions: who identifies the emergency, how exception relates to rule, what temporal and material limits govern departure from ordinary norms, whether return to the prior order remains possible, and how crisis bears on dignity and human rights. The article argues that necessity in Imamiyyah jurisprudence contains exception within the order, whereas the Schmittian-Agambenian state of exception makes suspension, extension, and institutionalization a central problem of modern public law. https://csiw.qom.ac.ir/article_4616.html Nowadays, biopiracy, defined as the unauthorized exploitation of traditional knowledge and indigenous genetic resources, is regarded as a serious threat to natural resources and the sustainable use rights of local communities. Considering the necessity of combating this phenomenon, the present study addresses the need for legislation and the effective enforcement of laws against biopiracy based on Islamic law and international instruments. The findings indicate that within the Islamic legal system, the universal human right to natural resources, the precedence right of indigenous communities over their genetic resources, and the sovereignty of states over national public resources are all recognized and respected. Accordingly, biopiracy is condemned as a clear violation of these rights. Likewise, in the international legal system, with the recognition of the principle of national sovereignty over natural resources and the moral rights of indigenous peoples to their local genetic resources, the condemnation of biopiracy is considered a well-established matter. Therefore, combating this phenomenon requires not only the establishment of effective legal frameworks but also special attention to ensuring the proper enforcement of regulations—particularly in light of evidence demonstrating the inefficiency of current laws in addressing this issue https://csiw.qom.ac.ir/article_4617.html The right to Right to judicial recourse as one of the fundamental pillars of justice, represents the inherent human right to access a competent and impartial authority in order to achieve one's rights. This right, which is recognized in Article 14 of the International Covenant on Civil and Political Rights and the principles of the Constitution of the Islamic Republic of Iran, provides the basis for the realization of a fair trial. However, in the Iranian legal system, there is still a noticeable gap between the theoretical recognition and practical realization of this right; the weakness of support institutions, limitations in financing public advocacy, and institutional concentration are among the most important challenges. A comparative study of leading systems shows that the United States, by emphasizing judicial independence and the right to a lawyer, and France, by designing a legal aid system, have presented two different but complementary approaches to guaranteeing this right. These experiences reveal that the effective realization of the right to a fair trial requires a combination of three fundamental components: sustainable financial support, institutional independence, and civil oversight. The present study, using a descriptive-analytical method and relying on international sources, domestic laws, and comparative experiences, attempts to draw a realistic picture of the status of the right to appeal in Iran and provide the necessary theoretical background for rethinking judicial justice policies; an approach that considers justice not an administrative privilege, but a universal right and a prerequisite for human dignity. https://csiw.qom.ac.ir/article_4686.html The trend towards Islam is increasingly occurring; this phenomenon has been significantly reflected among prisoners. The present study, using a phenomenological approach through secondary data analysis, has examined the case study of Islamism in prisons in England, France and Switzerland. The findings show that a significant number of non-Muslim prisoners have converted to Islam during their imprisonment, and many Muslim prisoners have also developed a deeper commitment to their religious values. This trend is the result of the interaction of psychological factors such as the need for spiritual peace and identity reconstruction, social factors such as a sense of brotherhood and collective cohesion, and environmental factors such as structured religious programs. Functionally, Islamic values, especially the concept of repentance, help reduce the rate of recidivism and the successful rehabilitation of offenders by creating spiritual order, strengthening social bonds and reconstructing a non-criminal identity. Contrary to the media's misinformation, appropriate religious programs not only prevent extremism, but also, by providing moderate and hopeful interpretations, help prisoners' internal transformation and prepare them for return to society. Based on this, this study emphasizes the necessity of developing inclusive and tolerant religious programs in Iran, which includes expanding religious programs based on hopeful Quranic verses, strengthening the role of religious prisoners as positive role models, and developing support networks after release, etc. https://csiw.qom.ac.ir/article_4728.html Capital asset acquisition projects are central to public infrastructure development and sustainable economic growth. However, their institutional complexity, multi-level governance, and substantial financial commitments increase the risks of regulatory fragmentation, corruption, and implementation failure. In this context, the effectiveness of legislative criminal policy largely depends on the coherence of the legal framework governing public procurement and public investment. Using a descriptive-analytical and comparative methodology, this study examines the normative, institutional, policy, and functional dimensions of legislative coherence in Iran's criminal policy governing capital asset acquisition projects. The analytical framework draws on Dworkin's and MacCormick's theories of legal coherence, the OECD Recommendation of the Council on Regulatory Policy and Governance, and comparative legal and institutional experience from the European Union and the United States. The findings indicate that Iran’s legislative framework is characterized by fragmented legislation, institutional overlap, insufficient policy coordination, and a persistent gap between legislative objectives and practical implementation. These shortcomings reduce regulatory predictability, weaken accountability, and undermine the effectiveness of oversight mechanisms. By contrast, the comparative experiences of the European Union and the United States demonstrate that closer integration among budgeting rules, public procurement regulations, auditing systems, and accountability mechanisms enhances legislative coherence and improves regulatory effectiveness. The study concludes that strengthening legislative coherence in Iran requires consolidating dispersed legislation, adopting a graduated system of legal responses, enhancing institutional coordination, institutionalizing performance evaluation, and developing integrated digital information systems. https://csiw.qom.ac.ir/article_4729.html Termination and damages are among remedies for breach of contract, and they may operate cumulatively. Termination dissolves the contract and returns the parties to their pre-contractual position, but damages focus on compensating the losses caused for breach of contract. This research seeks to comparative examine the question of what effect does contract termination have on the extent of damages that can be claimed? In Iranian law, due to the lack of distinction between the effects of termination and the effects of damages, both focus on returning the parties to their pre-contractual position. In contrast, in Afghanistan and English law, and international instruments under discussion, although termination entails restitution, However, compensation for damages requires that the injured party be placed in the same position as after the contract was executed. The findings of this research that in Iranian law, termination affects the recoverable damages, narrows the scope of damages and disturb the balance between loss and compensation. However, in other legal systems and international instruments, due to the separation of the effects of termination from the effects of damage, the scope of damage has been expanded and the obligor has been protected. https://csiw.qom.ac.ir/article_4730.html Considering that bankruptcy rights have been established to protect the losses and restore the creditor's financial rights, but the international bankruptcy system, in some countries, such as with regard to the institution of reconstruction of enterprises, has sought to establish the position of business activity. Regardless of the transaction by the trader or non-trader, the same bankruptcy laws are implemented for both groups that according to the objectives and economic policy in the international community, there are different theories such as capitalist theory, market theory, creditors' transaction, risk division theory, the theory of restoration of values around the bankruptcy system, which the implementation of bankruptcy rights according to each of them has different results in the economic system and the trading system and market protection. Economic countries will have Among the theories of values restoration theory, it has more alignment and alignment with the institution of Aflas in Imamiyya jurisprudence because it considers mutual support for creditors and debtors. https://csiw.qom.ac.ir/article_4839.html The right to equal access to electronic financial services can be considered a fundamental requirement of public economic law, as economic justice dictates that all citizens should enjoy such a right. Given the rapid development of modern electronic technologies, this study aims to examine the status of the right to equitable access to electronic financial services in Estoniaa pioneer in this field while also considering the legal system of Iran. The findings of this study conducted using a descriptive-analytical method with a comparative approach indicate that Estonia’s experience demonstrates that realizing the right to equitable access to electronic financial services extends beyond mere technological development; it requires the establishment of legal and institutional infrastructures grounded in trust infrastructures that guarantee digital identification, the legal validity of electronic signatures, and equal citizen access to public services. By establishing an e-government system, Estonia eliminated a significant portion of traditional bureaucratic processes and paper-based correspondence workflows. Accordingly, based on the "Once-Only" principle prevalent in that country, No information should be entered into the system more than once. Furthermore, in Iran based on an interpretation of constitutional principles, particularly Article 3, Clause 9 it can be asserted that the government is obligated to provide easy access to electronic financial services for all segments of society, especially vulnerable, underprivileged, and low-income groups, without any discrimination. https://csiw.qom.ac.ir/article_4854.html The present article, which uses a descriptive-analytical method and a comparative approach and deals with the crime of bribery in Iranian, English and Welsh Law, shows that bribery in Iranian law is only related to the state and public sector’s employees and will not include private personnel of companies and institutions; while in the English and Welsh law, some personnel of private institutions may also be convicted of bribery. Furthermore, contrary to English and Welsh law, which is regarded the demand or acceptance of the offer by the employee as bribery, the criminal behavior of this crime in Iranian law can only be realized by giving and receiving property or property payment’s document; a subject that restricts the realization of this crime and so attempted bribery will be realized only when perpetrator committed the receipt of property, but for some reason beyond his will, they could not get it. Finally, the subject of the crime of bribery in Iranian law is property or property payment’s document, and therefore, according to the narrow interpretation of penal laws, it will not include the receipt of advantages and financial and non-financial services; while in English and Welsh law, the realization of bribery is not limited to property and even benefits and financial services, but also includes any financial and non-financial advantages. Therefore, it is suggested that Iranian legislator reviews the realm of the actus reus of bribery. https://csiw.qom.ac.ir/article_4866.html The rapid expansion of blockchain technology and the growing prevalence of non-fungible tokens have transformed digital markets in Iran, the European Union, and the United States, introducing innovative models of exchange and investment. Alongside these opportunities, however, the NFT ecosystem has also given rise to new forms of fraud and deceptive practices. Understanding the contours of legal liability arising from NFT-related fraud is therefore essential: it not only protects investors and purchasers of digital assets, but also provides a foundation for transparent and reliable regulatory frameworks governing NFT platforms and transactional intermediaries.This study adopts a descriptive-analytical and comparative approach based on domestic and international legal materials, scholarly literature, selected judicial cases, and an examination of operational structures within prominent NFT platforms. The findings reveal that liability for NFT fraud is inherently multi-layered, encompassing both criminal responsibility for fraudulent conduct and civil liability arising from breaches of duty, negligent platform design, or inadequate mechanisms for identity verification and authenticity validation. Smart contracts further complicate the landscape; depending on their coding architecture and the clarity of embedded obligations, they may either mitigate risks or introduce additional vulnerabilities exploitable by malicious actors.A comparative analysis of Iran’s legal position, the European Union’s emerging regulatory framework particularly the Markets in Crypto-Assets Regulation (MiCA) and the United States’ decentralized and case-driven approach demonstrates significant divergence among these jurisdictions. While the EU is moving toward a uniform and comprehensive scheme, the U.S. continues to rely on fragmented federal and state doctrines in securities law, https://csiw.qom.ac.ir/article_4867.html Rapid economic transformations and the emergence of complex financial and cybercrimes have seriously challenged the efficacy of traditional, punishment-oriented models in criminal policy. This article aims to rethink crime prevention strategies through a development-oriented lens, seeking to answer how the convergence of criminal laws with economic shifts can lead to crime reduction and facilitate development. The research methodology is descriptive-analytical, based on a comparative approach that examines preventive policies and criminal law developments in selected Islamic countries, including Malaysia, Turkey, Saudi Arabia, and the United Arab Emirates. The research findings at both theoretical and practical levels indicate that, theoretically, the "Economic Analysis of Law" school emphasizes regulating economic incentives and cost-benefit evaluation. Meanwhile, in the Islamic legal system, principles such as Maslahah (public interest), La Darar (no harm), and economic justice provide the necessary jurisprudential capacities to counter emerging crimes. At the practical level, the results suggest that utilizing modern technologies, enhancing financial transparency, strengthening regulatory institutions, and reforming criminal structures lead to a reduction in the social costs of crime and improve investment security. The final outcome of the research demonstrates that the synergy between Islamic foundations and the economic analysis of law provides an efficient framework for reducing economic crimes, optimizing criminal costs, and supporting sustainable development. https://csiw.qom.ac.ir/article_4868.html Despite its quantitative growth in public law, constitutional economics has predominantly focused on explicit economic principles, yielding a superficial understanding of the constitutional economic order. This study addresses the limitation that fundamental economic rules are often embedded beyond expressly economic provisions, with scholarship remaining largely principle-centered. It questions whether solely analyzing explicit economic principles can sufficiently explain resource allocation and economic power structures at the constitutional foundation. The article aims to reconstruct constitutional economics via a methodological shift from principle to proposition, revealing normative, economically consequential layers within the constitutional text. Employing a proposition-centered, comparative approach, the research demonstrates that a constitution's economic orientation lies not only in its economic chapters but also in ostensibly non-economic norms like human dignity, the economic agent, and social justice. These implicit propositions shape the economic game's rules by redefining market freedom, state intervention, and distributive justice, thereby impacting policy predictability. Ignoring this normative layer, the study concludes, creates conceptual blockages and conceals inherent economic order conflicts. The innovation lies in shifting the analytical unit from economic principle to economic proposition, offering a method to reconstruct the latent architecture of the constitutional economic order. https://csiw.qom.ac.ir/article_4907.html The relationship between criminal law and civil law has undergone significant transformation in contemporary legal systems. Traditionally, criminal law was primarily concerned with protecting public order through punishment and deterrence, while civil law focused on compensating private harm and regulating relations between individuals. Egypt, and England through a comparative and analytical approach. all three legal systems have gradually moved toward a functional convergence between punitive and compensatory mechanisms. In Iranian law, institutions such as diyah (blood money), restitutionandcompensation for damages arising from crime illustrate the dual criminal-civil nature of legal responses. Egyptian law, influenced by both Islamic jurisprudence and the French legal tradition, provides mechanisms such as the civil action attached to criminal proceedings, enabling victims to seek compensation within the criminal process. In English law, although the distinction between crime and tort has historically been strong, developments such as punitive damages, restitution, and restorative justice have reduced the rigidity of this separation. The article further analyzes the growing role of victims in contemporary justice systems and the emergence of restorative approaches that seek not only punishment, but also reparation, reconciliation, and social restoration. At the same time, including threats to the principle of legality, procedural fairness, and the risk of over criminalization. The research concludes that modern legal systems are increasingly adopting a balanced and integrated approach in which criminal and civil law cooperate to achieve a more comprehensive form of justice. Rather than maintaining an absolute separation, contemporary justice emphasizes both public accountability and effective compensation for victims. https://csiw.qom.ac.ir/article_4925.html "The principle of equality in access to public services" and "observance of administrative justice" are fundamental pillars of legal systems. The emergence of the phenomenon of "illegal influence" as one of the structural damages in the administrative system is considered a serious threat to the health of the administrative system and the rule of law. This research aims to analyze the criminal aspects of the crime of influence peddling and the legislative mechanisms to combat it, and conducts a comparative study between the legal systems of Iran and France. The main question of the research is what positions the legislative approach of the two countries has taken towards this crime? The research findings show that although the legal systems of both countries have criminalized behaviors such as influence peddling, influence peddling, and accepting it, there are fundamental differences in the substantive components and the method of criminalization; In Iranian law, the aforementioned crimes are mainly defined with a "restrictive" approach, while in French law, they are criminalized with an "absolute" approach and with a wider scope. This research, using a descriptive-analytical method and based on library studies, has conducted a comparative analysis of this criminal phenomenon, while explaining the gaps and strengths of the laws of the parties. The findings from the studies conducted indicate that the restrictive criminalization approach can, in some respects, be a way out for gray administrative behaviors,in addition to identifying new criminal instances, will deal more decisively with this category of behaviors. https://csiw.qom.ac.ir/article_4926.html The retention of title clause is an important legal mechanism in credit transactions whereby the seller retains ownership of the sold goods until the full payment of the price is made. This clause is used to reduce the risk of non‑payment and to protect the seller in contractual relationships, particularly in commercial transactions. In French law, this institution is expressly provided for in Articles 2367 to 2372 of the Civil Code and is recognized as a mechanism for securing the payment of the price. In contrast, Iranian law does not contain a specific statutory provision on this matter, and its validity and effects are primarily explained through general principles of contract law and doctrinal legal analysis.This research adopts a descriptive and analytical method with a comparative approach to examine the legal nature and effects of the retention of title clause in the legal systems of Iran and France. The findings indicate that in French law this clause has a nature closely resembling a proprietary security and produces clear legal effects with regard to the transfer of ownership, the transfer of risk, and the buyer’s bankruptcy. In Iranian law, however, its legal nature remains a matter of debate, and it is generally analyzed either as a suspensive condition affecting the transfer of ownership or as a condition producing legal effect (condition of result). The comparative analysis demonstrates that the explicit recognition of this legal institution can play an important role in enhancing transactional security and in protecting sellers in credit transactions. https://csiw.qom.ac.ir/article_4927.html In recent years, alongside the expansion of modern communication technologies and growing citizen awareness of good governance requirements, public administration in many societies has shifted from traditional local government towards local open government. Local open government is founded on key principles such as transparency, citizen participation, and accountability of public institutions. This study, employing a descriptive-analytical methodology and drawing on library-based sources, examines the prospects for realizing local open government within Iran’s current legal system. Relevant legislative and regulatory texts are examined alongside the approaches and practical experiences of selected foreign legal systems. Drawing on the experiences of other countries may contribute to developing a model of local open government responsive to citizens’ needs and expectations and aligned with technological developments within the framework of good governance. The findings indicate that, although existing legislation contains certain normative capacities and the Constitution accords citizens a significant position, the necessary legal and institutional foundations for the full realization of local open government have not yet been established in Iran, despite measures taken in this regard. Accordingly, the study identifies existing capacities and proposes reforms to transparency and accountability mechanisms, strengthening citizen participation, and developing local assessment and oversight mechanisms to facilitate the realization of local open government in Iran. Keywords: Accountability; Citizen Participation; Local Open Government; Open Government; Transparency.