Comparative Studies in Jurisprudence, Law, and Politics
Year:2023 | Volume:5 | Issue:3|Papers Count:6

What holds significant importance in explaining the philosophy of history from an Islamic viewpoint is the position of Mahdism thought in the historical outlook of Islam. The most important feature of the Mahdism teaching in explaining historical movement and its evolutionary process is the role of human wills in the evolutionary movement of history. Although the movement of history, the movement of the world towards its final point in this world, is towards the era of the advent [of Imam Mahdi], and this movement is one in which human wills play a role, the meaning of this statement is not that the wills of ordinary humans are the central wills in the movement of history towards righteousness. Rather, at the core, on the side of truth, it is the Divine Lordship of Almighty God, and within this side, it is the will of the Divine Guardian [Wali Allah] to reform the whole, and it is their guardianship and the manifestation of their guidance and leadership that brings history to its desired point. The thought of Mahdism is one of the certain and inevitable traditions of Islam and, by its nature, is among the "conditional" traditions,in terms of approach, it is among the "dependent" traditions,and in terms of function, it is considered a "social" tradition. This is because the realization of Mahdism thought and its emergence and manifestation rely on human behavior and conduct, and human will and choice play an effective role in actualizing it. In this research, the researcher has employed content analysis and data analysis methods to examine his findings. Among these findings is that the revival of the teaching of dignity and human values under the protection of the government of Imam Mahdi (may God hasten his reappearance) can be enumerated and examined in the following areas: a) The revival of intrinsic human dignity b) The revival of moral virtues c) Social dignity and the elimination of oppression, discrimination, and corruption. In conclusion, in the era of the advent, various forms of dignity will be revived, and humans will regain their material and spiritual rights. However, it should be noted that all

The principle of the Responsibility to Protect (R2P), adopted by states at the 2005 World Summit, asserts that governments are responsible for protecting their citizens. If a government fails to fulfill this responsibility, the international community assumes the responsibility. In Myanmar, the Rohingya crisis and the 2021 military coup have highlighted widespread and systematic human rights violations in the country. Despite the accepted principles of R2P, the international community has ignored its responsibility to stop the widespread atrocities in Myanmar. The demand for R2P in Myanmar is increasing. The objective of examining the situation in Myanmar, through the lens of a sociological approach to global governance, is to evaluate the perspectives of the international scientific community regarding the potential of the Responsibility to Protect theory concerning Myanmar. This study outlines the justifications, implementation challenges, and provides recommendations for future political action. The Security Council veto, the principle of non-intervention, and confusion regarding the implications of R2P have disrupted an effective and collective international response. Although military intervention may not be feasible, a range of non-coercive actions under the R2P framework, along with continued support for its fundamental principles, is recommended.

One of the very important topics concerning the relationships between holding companies and subsidiary companies is the issue of the holding company’s responsibility regarding its subsidiaries. Given the independent legal personality, the question arises: Does the holding company have any responsibility for the actions and obligations of its subsidiary companies? The answer to this question may vary across different legal systems. In this article, an attempt has been made to answer this question by examining the legal systems of several countries and analyzing the relevant legal provisions in Iranian law. Ultimately, after thorough examination, it has been concluded that despite the independent legal personality of legal entities and the fact that in some legal systems, holding companies have been held responsible for their subsidiaries, in Iranian law, due to the lack of explicit legal texts on this matter and the emphasis on the independence of the legal personality of entities, it can be argued that holding companies are only responsible to the extent of a company and shareholder for the actions of the subsidiary.

In jurisprudential terminology, a condition is an auxiliary obligation created by the parties to a contract. From the perspective of jurists, a condition is binding when explicitly stated within the contract, and this is referred to as an implied condition within the contract. In such an implied condition, a specific characteristic of an action (or omission) or its result is expected from the other party. Since implied conditions within a contract, like the contract itself, are approved by the Sacred Lawgiver, for such a condition to be valid and to entail specific effects and rulings, certain criteria and principles must be considered regarding its validity or invalidity. Implied conditions within a contract, in terms of compliance with or deviation from general principles of condition validity, are divided into two categories: valid and invalid conditions. Occasionally, a condition that does not meet the general requirements of condition validity may also invalidate the contract itself. This paper examines the nature of a contract and, consequently, the conditions that contradict the nature of the contract—conditions that, according to most jurists, invalidate the contract—from the perspectives of jurisprudence and law. A condition refers to a future event that the parties make the occurrence of a legal effect contingent upon. Article 233, paragraph 1, of the Civil Code regards the compatibility of the condition with the nature of the contract as one of the specific requirements for the condition's validity. Distinguishing between a condition that contradicts the essence of the contract and a condition that contradicts religious principles is a significant issue, for which no clear standard has been presented. Some Imami jurists have considered the reason for the invalidity of a condition contrary to the essence of the contract to be the implied indication of the commandment "fulfill the contracts". Some researchers in jurisprudence and law have criticized this reasoning, arguing that it leads to the categorization of such conditions within the realm of illegitimate conditions, which increases the frequency of errors in identifying specific instances. A condition is defined as something whose absence necessitates non-existence, but its existence does not necessarily imply existence. The nature of a contract, the essence of the contract, and the scope of the contract are divided into distinct categories, with contradiction meaning opposition and inconsistency between the two parties. A contradictory condition is one that is so different from the nature of the contract that it cannot be reconciled, and each of them rejects and nullifies the other. Such a condition is deemed invalid and disrupts the contract. The term "nature" refers to the implication and demand, and the intention of the contracting parties is to achieve the meaning of the contract. The essence of the contract, the nature of the contract, and the scope of the contract are divided into distinct categories. The essence of the contract is an effect that arises directly from the nature of the contract itself, and the contract itself is the firm binding of something to another, which is inseparable. The term "contract" refers to the formation of a contract between two parties who have a legal relationship and are connected by it. In this research, which has been conducted using a descriptive-analytical method, I have examined the conditions contrary to the nature of the contract in Imami jurisprudence and Iranian statutory laws. The findings of the research indicate that in Imami jurisprudence and Iranian statutory law, a condition is considered contrary to the nature of the contract when it contradicts religious principles and the consensus, where the content of the condition conflicts with the content and substance of the contract. Since the laws of our country are derived from Imami jurisprudence, they do not correspond to the laws of foreign countries concerning conditions.

Numerous judicial rulings have condemned parents for child abuse due to the unconventional nature of their actions. The present study aims to examine the punishment of children from jurisprudential, legal, and criminological perspectives, focusing on when such punishment is considered conventional and what causes and factors contribute to the commission of criminal behaviors against children by parents. This descriptive-analytical research demonstrates that corporal punishment is distinct from child abuse, and there must be a precise boundary to differentiate the two. Although parental and guardian discipline under certain conditions is legal and considered a legal justification, all forms of child abuse are criminal, and its commission by parents and guardians is punishable. It is necessary to either revise laws and regulations to define the conventionality and the authority responsible for its determination, or to remove the justification entirely to prevent it from becoming a pretext for child abuse within the family.

The aim of this research is to examine the jurisprudential and legal dimensions of the status of children born from unregistered marriages and to analyze the religious and legal foundations related to this issue. This study seeks to address the legal and social problems and challenges arising from such marriages and to provide appropriate solutions for improving the legal status of these children. The research method employed in this article is descriptive-analytical, based on a review of library resources, scholarly articles, and the existing laws and regulations in Iran and other Islamic countries. Additionally, a comparative analysis with other countries and an evaluation of successful experiences in dealing with unregistered marriages have also been conducted. The findings of this study indicate that unregistered marriages can lead to multiple legal and social problems for both the children and the couples. However, legal reforms and jurisprudential solutions can contribute to improving the legal status of these children. Moreover, the role of social and cultural institutions in reducing unregistered marriages is of significant importance.