https://csiw.qom.ac.ir/ Comparative Studies on Islamic and Western Law en daily 1 Mon, 22 Dec 2025 00:00:00 +0330 Mon, 22 Dec 2025 00:00:00 +0330 https://csiw.qom.ac.ir/article_2913.html 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_3913.html  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_3332.html 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_2502.html 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_2972.html  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_3526.html  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 https://csiw.qom.ac.ir/article_3063.html 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_3246.html  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_3207.html This 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 citizens https://csiw.qom.ac.ir/article_3339.html  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 https://csiw.qom.ac.ir/article_2541.html Among the important topics in the field of civil liability is the civil liability of the guardian or guardian in relation to the person under guardianship or the owner against whom the guardian's responsibility is mainly drawn based on the assumption of the fault of the guardian unless it is proven otherwise. The guardian can be the guardian of a certified or non-certified child or a disabled and blind person who has been chosen as a guardian by nature or according to the law, and there is a pecuniary relationship between him and the person under guardianship, and the external cause is not the cause of the loss, and he is eligible for compensation. They are against the owner and most of them believe that as long as the owner is against the owner, in case of fault, the owner must pay the damage from his property. However, in the subject of civil liability of the subject or owner or employer towards the subordinate, i.e. broker and worker, etc., the majority of theories in these countries are based on fault, that when the citizenship relationship between the employer and the owner is establishedmust compensate the damage caused by the subordinate's work. unless it is proven that the subordinate is at fault in performing the act. Of course, in cases where the subordinate would not have been able to avoid the loss even if he had tried, it is the responsibility of the subordinate to pay for the damage 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_3000.html Laws play a central and irreplaceable role in realizing the supreme goal of justice. In this regard, the constitutional courts have important functions and follow the main ideals and fundamental principles of the constitution in order to fulfill the constitutional supervision. Iran's Guardian Council and Germany's Supreme Constitutional Court, in the capacity of adapting normal laws to the constitution, sometimes even go beyond their superior norm, which is the constitution itself. Therefore, these institutions monitor the realization of justice by monitoring "Justly" as a quality characteristic of laws. This article tries to answer the main question with a descriptive-analytical method, what are the principles and methods of supervision of the Guardian Council of Iran and the Federal Constitutional Court of Germany on the fairness of the laws and what are the differences? The result of this research is that the Guardian Council and the Federal Constitutional Court of Germany have been searching for the realization of just law both in the form of basic supervision and in the form of monitoring the quality of laws. In addition to being rooted in some of the principles of the constitutions of the two countries, In this article, it is clear that the Guardian Council, in its limited monitoring of the fairness of the laws, has only considered the issue of economic justice, while the Federal Constitutional Court of Germany considers other aspects of social, economic, political, cultural, religious, and justice. .. has been intended. https://csiw.qom.ac.ir/article_3001.html In recent years, there has been rapid growth in the use of machine learning and other artificial intelligence. In the field of medicine, artificial Intelligence has the potential to fundamentally change the way health care decisions are made and how patients are diagnosed and treated. The question of this article is raised as follows: What are the legal challenges caused by artificial intelligence in healthcare? this is purpose of the present article. The findings indicate that in two moral and legal dimensions it can be artificial intelligence investigated, It could even lead to racism, and from a legal point of view, the issue of identifying responsibility, privacy and security of patient data, intellectual property and cyber security was analyzed. In this regard, the European Union has taken steps in the field of data protection law, while in Iranian law there is no law related to artificial intelligence and health care, and only some laws can address issues such as protection. From the data, he inferred the issue of public health and privacy to some extent, which needs to be reviewed by the legislature. The research method was descriptive-analytical. https://csiw.qom.ac.ir/article_3105.html The constitution is the product and legal-political fruit of the power of the founder in any country; Consequently, the judiciary, as a part of the public power, derives its authority and validity from the constitution. The inherent function of the judicial system of any political system is to guarantee and protect the rights and freedoms of citizens and to fulfill justice. which is accepted and proven in terms of the political and legal foundations of the modern era. In modern political systems, there is the capacity that with the establishment of the public law system, an important part of the effects of the representative system, which is self-emanating and in line with the founding power of the people, will also be extended to the judicial sector. The main question of this research revolves around the proposition that judicial power in the framework of modern public law is based on what theoretical foundations? The purpose of this research is to examine the theoretical foundations governing modern public law, and analyze their connection and relationship with the general power of the judiciary in two general parts. The main achievement of the research is establishing and applying judicial power on the basis of public law. https://csiw.qom.ac.ir/article_3338.html Service contracts are identified as a special group of contracts in two documents of the principles of European law on Service Contracts and Draft common frame of reference. The storage contract is one of the types of service contracts with many applications, which are used in the field of commercial affairs as well as people's daily affairs at the community level. According to this contract One party, storerو undertakes to storage the thing for the other party, storee , in exchange for remuneration. The purpose of writing this article is to identify the nature of storage contract in Iranian law by applying the principles of European law on service contracts. Therefore, by comparing the nature of this contract with nominate contracts that have a similar structure to the above contract, It was determined that the storage contract due to the features that the above documents provide for it, despite the existence of some similarities, has fundamental differences with nominate contracts, therefore, this contract cannot be considered as nominate contracts provided in the laws of Iran. therefore, by using the principle of sovereignty of will and freedom of contracts, it should be considered among innominate contracts and Article 10 of the Civil Law. https://csiw.qom.ac.ir/article_3524.html This article initially explores the relationship between rationalism and the modern state. Modern rationality emphasizes the position of human subjectivity as a knowing agent who, relying on his critical and autonomous reason, considers the world as an object of knowledge. This new relationship between humanity and the world forms an inseparable link with the prevailing spirit of the modern era. Consequently, the concept of the modern state, as an indivisible entity, is not separate from societal mentality and perceptions but is intricately intertwined with modern rationality. Therefore, a comparison between the entity known in Iran as the Islamic Republic and the modern state is conducted through the lens of the intellectual-philosophical context and theoretical foundations of each.This research concludes that the government emerging from the 1979 Islamic Revolution, which aimed to embody Islamic political thought and establish a rule based on Sharia law within a framework of divine revelation, has not achieved a modern state in either its theory or practice, nor in light of the principles of rationalism. This remains true regardless of its utilization of modern concepts, titles, or institutional appearances necessitated by governing in the modern world, and despite the efforts of numerous scholars to demonstrate compatibility between the concepts and structures of Islamic and modern thought. Therefore, while critiquing these approaches, this article argues that such an understanding of the structure of the modern state, without considering its theoretical basis and semantic capacity, has led to a literal, reductionist, and superficial understanding of concepts and institutions. https://csiw.qom.ac.ir/article_3525.html The moment of considering the exceptions from enforcement of judgments is a matter neglected in legal analysis by experts. For example, it seems that before the payment of debt, a debtor or bankrupt cannot after the said moment be allowed to buy an immoveable property if he does not have it or if such a property is inherited to him make it his dwelling place. This moment is essential in the application of the Civil Judgments Enforcement Act, the Manner of Execution of Financial Convictions Act, as well in application of the Bankruptcy Regulations of the Commercial Act, and the Bankruptcy Affairs Liquidation Office Act. The determination and consideration of this moment eliminates many legal ambiguities. Obviously, such a moment does not apply to legal persons, and natural persons who have died. Therefore, determining this moment is effective in distinguishing the instances of exceptions from enforcement of judgments. Undoubtedly, this matter relates as well to priority rights and insolvency from payment of Judgment debt. As a result, by analyzing how the moment of consideration of exceptions from enforcement of judgments is effective whether the debt is due or in installments, some points are discovered about the potential of deserving the exceptions from enforcement of judgments, the division of the exceptions from enforcement of judgments into the current and constant, and indebting oneself to acquire the exceptions from enforcement of judgments. https://csiw.qom.ac.ir/article_3563.html The right to nationality is of such a significance which is called the right to have rights. The necessity to enjoy this right by children belonging to minorities has a vital character. Due to importance and necessity of RtN to children specifically those of minority groups, this paper which is conducted through a descriptive-analytic method and desk research, aims at analyzing the right of children belonging to minority to nationality in light of views of the Committee on Rights of the Child (CRC) as well as examining the obligations of States in this regard. Based on the findings of the research, according to CRC, enjoying RtN has a pivotal role in the enjoyment by the child of other human rights. The main obligations of the States toward the right of minority children to nationality are: determining the status of these children in policy priorities, reforming discriminative citizenship laws, identifying the exact place of the necessary funding to grant nationality to this group of children in the budget bill and receive assistance from civil society organizations affiliated with the government and located in minority-populated regions .It appears that, while taking into account the security considerations of States, legally and ethically and because of the very significant question of internal development and stability, one of the necessary measures to be taken in minority-populated regions is to revise the discriminative and exclusive policies related to nationality and to maximize granting the States’ nationality to minority population in general and the children in particular. https://csiw.qom.ac.ir/article_3573.html In legal systems, secondary victims refer to individuals who are indirectly affected by damages, particularly in cases of negligence. The concept of secondary victims can be studied in two distinct domains: economic and psychological. This research analyzes the judicial practices in England and relevant legal sources in Iran to examine the purely economic harm suffered by secondary victims and the principles of compensating for such damages. English law places greater emphasis on recognizing secondary victims. In this system, if the elements of negligence are present and there is a breach of duty of care accompanied by a special relationship and a form of trust, the damages suffered by the secondary victim can be claimed under certain conditions. The findings indicate that in Iranian law, the principles of compensation may not fully address secondary victims, and claiming these damages is fraught with challenges. However, by referencing Article 6 of the Civil Liability Act and accepting the concept of natural debt and future harm, compensating for the economic harm of secondary victims is acceptable to the extent that it does not cause hardship for the party causing the harm. Causality based on custom is also considered a sufficient criterion for compensation, thereby mitigating the requirement for direct harm. Iranian law is gradually moving towards accepting compensation for indirect economic damages related to the economic harm of relatives. A comparison with English law reveals fundamental differences in approaches and legal requirements for compensating such damages. https://csiw.qom.ac.ir/article_3602.html This article examines the concept, identification criteria, and legal status of 'Surprising Terms' through a comparative study of international documents, the common law system, and Iranian law. This research provides a clear definition and criteria for identifying and proving surprising term and to explain it's legal status in terms of validity and enforceability by answering this fundamental question: what is the approach of international documents, common law judicial practices and Iranian law regarding surprising terms? After a comparative study of international documents and an analysis of judicial decisions, it was concluded that surprising terms are those that are not individually negotiated by the parties and are drafted contrary to the reasonable expectations of the contracting party. The content, language, or manner of presenting these terms, which may be ambiguous, written in small print, or placed on the back of a document, is such that is generally overlooked by the other party to the contract and its existence in the contract is surprising to any reasonable person. Therefore, the obligor signs the contract while being unaware of them and has no actual intention to be bound by such terms. Based on this reasoning, international documents do not recognize these terms as effective and binding, unless the party invoking them has taken reasonable steps to draw the other party's attention to these terms. Similarly, in Iranian law, the principle of the supremacy of subjective intention over objective intention necessitates the acceptance of same solution, although the Iranian courts have issued conflicting decisions. 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_3604.html Recent developments in international law have led to a redefinition of the concept of state immunity and a shift from absolute to restrictive immunity. This study offers a comparative analysis of the transition from absolute to restrictive state immunity in selected Scandinavian countries (Norway, Denmark, Sweden, and Finland) and Islamic countries such as Iran, Türkiye and the United Arab Emirates. The significance of this research lies in the diversity of legal systems under review: Scandinavian countries operate under civil law systems with Nordic characteristics; Iran follows a mixed legal system combining Islamic and civil law; Türkiye is based on a European civil law model; and the United Arab Emirates features a dual system, blending civil law influenced by Sharia with common law in its free trade zones. This diversity enables a deeper understanding of how different legal systems interact with developments in international law. Findings indicate that, despite structural differences, all countries studied are moving towards the adoption of restrictive immunity, albeit at different speeds and through varying approaches. Using a descriptive-analytical method and drawing on library resources and legal documents, the research identifies key factors influencing this transition, including the expansion of international commercial relations, developments in international law, and economic-political pressures. The results contribute to a better understanding of international legal challenges and offer recommendations for greater alignment with global legal developments. https://csiw.qom.ac.ir/article_3623.html The inherent scarcity of freshwater resources worldwide and the vital importance of access to water for life, survival, and societal stability make it a potential tool for achieving political objectives in certain cases. This phenomenon, referred to as the water weaponization, is particularly prevalent during armed conflicts. In the ongoing Gaza war, which began in October 2023, Israel has been using water as a weapon and a tool of warfare to advance its political and military objectives. Therefore, this paper seeks to address the question: What is the legal status of water weaponization in Gaza under international law? Adopting a descriptive-analytical approach and library-based research, this study concludes that the weaponization of water during armed conflicts is inconsistent with states' obligations under fundamental principles of international humanitarian law, including the principles of distinction, humane treatment, and the prohibition of causing unnecessary suffering to civilians. It also contravenes related rules, such as the prohibition on starving civilian populations. 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_3682.html Lease agreements constitute a cornerstone of contractual arrangements, frequently giving rise to disputes concerning the apportionment of costs for minor repairs to leased premises. Article 486 of the Iranian Civil Code unequivocally mandates the lessor to ensure the leased property remains in a state fit for its intended use. Conversely, Article 20 of the Law on the Regulation of the Relationship between Lessor and Lessee (1977) assigns responsibility for minor repair expenditures to the lessee. Despite judicial precedents occasionally allocating these costs to the lessee based on the aforementioned Article 20, a palpable legal contradiction emerges, prompting inquiry into the lessee's actual legal obligation to bear such expenses. This article aims to determine the party accountable for minor repairs in lease contracts by clarifying the legal positions of both parties under the Civil Code and the 1977 Law. Employing a descriptive and analytical methodology, this study distinguishes between short-term and long-term lease arrangements. Furthermore, it meticulously examines the concept of minor repairs to precisely delineate each party's responsibilities under both the Civil Code and the 1977 Act. Ultimately, the article posits that in short-term leases, the lessee is generally considered responsible for minor repairs, whereas in long-term leases, this responsibility typically devolves upon the lessor. 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_3901.html The right to bodily integrity is one of the fundamental human rights recognized both in contemporary international human rights law and in the Islamic human rights framework as part of individual rights, closely associated with concepts such as the right to life, the right to health, and the prohibition of torture. Despite this foundational commonality, the interpretation of this right in relation to controversial cases reveals significant areas of both convergence and divergence between the two legal systems. This article, using a descriptive-analytical method and a comparative approach, examines the extent of convergence and divergence in the interpretation of the right to bodily integrity in instances such as non-consensual medical interventions, abortion, suicide, and euthanasia. The analysis, grounded in Islamic jurisprudential sources, international legal instruments, and judicial practices, shows that while convergence exists in principles such as the prohibition of torture and the requirement of consent, there is a clear divergence in specific cases—such as abortion, suicide, and euthanasia stemming from fundamental differences in anthropological and ethical foundations. https://csiw.qom.ac.ir/article_3902.html The indirect perpetrators is known in Iranian law and the International Criminal Court as the indirect perpetrator and mastermind of a crime and is one of the forms of individual criminal liability. A comparative study of this criminal institution in the aforementioned legal systems leads us to the most important and prominent aspects of their similarities and differences. Therefore, the present article, using a descriptive-analytical method, seeks to extract and analyze the similarities and differences of the indirect perpetrators in the Iranian legal system and the International Criminal Court. The findings of the research indicate that, on the one hand, the commission of a crime by another through innocent and guilty agency, having legal and practical authority, which the practice of the International Criminal Court explains with the criterion of effective crime control, the existence of a causal relationship between physical behavior and the resulting, and the necessity of the elements of intention and awareness, are important manifestations of the common aspects of the indirect perpetrators in the legal systems of Iran and the Court. On the other hand, the acceptance of the indirect perpetrators as a doctrine in the Statute of the Court and the failure to accept its generality in Iranian criminal law, the commission of a positive act by the indirect perpetrators in Iran and the possibility of committing international crimes by omission, Accepting the theory of subjectivism and the equal punishment of the indirect perpetrators and the material perpetrators in court and adopting mixed....ادامه دارد 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_3959.html Abstract Proof of damages is a fundamental requirement for establishing civil and contractual liability. To succeed in a compensation claim, the plaintiff must demonstrate: the occurrence and type of damage, the harmful act or omission or breach of contractual duty, and the causal link between the defendant’s conduct and the resulting loss. Ambiguities in the definition, scope, and classification of damages particularly under Iranian law can complicate this process and potentially undermine the rights of the injured party. This comparative study examines the concept and types of damages in Iranian law, Islamic jurisprudence, and the common law system. Using a descriptive-analytical method based on library research, the study identifies points of convergence and divergence and offers suggestions for improving Iran’s legal framework. The findings indicate that damages encompass a broad range of losses, including property, health, reputation, opportunities, and foreseeable positions, and in some cases, the failure to realize these rights. Keywords: Damage , Classification of Damages, Civil Liability , Contractual Liability, Islamic Law, Comparative Law 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_4031.html Observing speed in civil proceedings is a crucial element of fair trial that simultaneously benefits individual and societal interests. Expedited litigation is also considered a fundamental human right, of such significance that many national regulations and international documents such as the European Convention on Human Rights refer to it as one of the principles of a fair trial. Judicial practices of the European Convention of Human Rights and Supreme Court indicate that failure to observe reasonable time limits comes with enforcement guarantees. However, despite the well-known position of this principle in international law, In domestic Iranian law, the legislator has not explicitly mentioned speed or the execution of justice within a reasonable time in any articles of the Civil Procedure Code, nor has it provided enforcement guarantees for its violation, although this concept underlies many regulations. Therefore, the purpose of this research is to examine the nature and position of speed in civil proceedings and to predict the guarantee of its implementation. The findings of this research show that it is difficult to accept speed in proceedings as a legal principle, but rather speed as one of the components of justice can only be one of the goals of the procedure and by predicting the guarantee of its implementation, it can guarantee its observance to some extent. https://csiw.qom.ac.ir/article_4032.html Regarding the ruling on the obligation of hijab, despite the insinuations and doubts observed today in public discourse and non-specialist statements, there is no doubt among Shia and Sunni jurists, and it is considered one of the established jurisprudential principles. However, from the perspective of issues governing family law, an aspect that has received less scholarly examination and scrutiny is the wife's duty to observe conventional limits of hijab, appropriate to the requisites of spousal and family relations. This article answers the question: As one aspect of the husband's rights over the wife, does this duty exist for the wife to observe conventional limits of hijab and modesty according to the standard of customary reasonableness? Can jurisprudential and legal foundations be found in this regard? If so, to what extent does the husband have legal means to compel the wife? This research employs a descriptive-analytical method and,relying on jurisprudential foundations and legal documents, seeks to expand this ruling from an individual duty to a family duty. Emphasizing the The Jurisprudential Rule of "Necessity of Behaving Reasonably in Marital Relationship", the duty of spouses to strengthen family foundations, and the duty to observe loyalty and preserve family sanctity, the article concludes that observing modesty and degrees of hijab cannot be considered solely as a wife's personal duty. Rather, observing hijab and modesty in some instances is among the requisites of the husband's rights over the wife, and in other instances, among the requisites of the wife's duty within the family. ... 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_4038.html integration of commercial companies is a process in which a commercial company integrate with another company or a new company is created from the integration of two or more commercial companies without performing liquidation procedures. The integration of commercial companies has a long history in some legal systems such as England and America, but it is a new phenomenon in Iranian law, which is referred to sporadically in some laws. Therefore, in this research, which is descriptive-analytical, while examining the integration of commercial companies and its related issues, such as the applicable criteria for granting a integration license and the steps and formalities and effects of the integration of commercial companies in the laws of the European Union and Iran, to this We have concluded that despite the difference of integration in these two legal systems, both systems have taken into account the relatively same and single goal for the integration of commercial companies, but the weakness and legal vacuum of this legal entity in Iranian law is quite evident which are vital to examine and fix. Therefore, the need to compile and enact comprehensive laws related to this duty and to eliminate gaps and legal deficiencies is strongly felt; Especially considering the internationalization of commercial companies and the increase of cross-border exchanges. 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_4158.html The Supreme Court holds a significant, sensitive, and influential position within legal systems. It appears that the Supreme Court, as a body within the judicial organization, has the potential to Catalyse significant change in Iranian law. Arguably, a Supreme Court that adheres to scientific standards serves as the second critical link, on par with legislation, in ensuring the unity of the legal system.it is essential to recognize that disconnected elements can never form a coherent system; therefore, in modern law, the Supreme Court is an authority that minimizes “Variations in judicial interpretation” and defines the “legal trajectory” of the country. Given that structure shapes behavior, the structure of the Supreme Court determines the legal conduct of actors within the legal system. In other countries, the structure of the Supreme Court is designed based on the purpose for which the court was established. However, the structure of the Supreme Court in Iran not only fails to ensure the unity of our fragmented and dispersed legal system but also generates and propagates Variance in Judicial Decisions. Any reform of substantive law, without a concurrent reform of the Iranian Supreme Court’s current structure, will be met with limited success.This article employs a descriptive and analytical method to examine the purpose of establishing Supreme Courts in the United States, France, and Germany ,subsequently analyzing the corresponding structures that have evolved based on these purposes. 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.