JOURNAL OF COMPARATIVE STUDIES ON ISLAMIC AND WESTERN LAW
Year:2015 | Volume:2 | Issue:3|Papers Count:7

In every financial or non-financial actions concerning children, legal parents are bound to observe their child’s prudence. But, "prudence" concept is ambiguous in all legal systems in order to be accommodative in various conditions. This ambiguity can be appeared in the legislative, judicial and executive fields and provoke the assessing of the prudence not be in certain standards. This issue is vital specially in determining the child's prudence ambits as a main element of his right. Hence, for reducing of this vast irregularity, we have represented in this article some elementary solutions by analyzing Iranian legal system, based on Imamieh Feqh and jurisprudence, and also United Nations Convention on the Rights of the Child, based on the general comments of the Child’s Rights Committee and have made an essay to find some major criteria for assessing of child's "prudence". So, in this research some conceptual distinctions between prudence and similar concepts and also some examples of procedural and substantive norms for its instance determining are suggested.

Regionalism process is often seen as reaction to the failure of state – nation model to attain desirable outcomes through separate actions and it is also called as being factors to limit sovereignty of states. Chapter VIII of the charter of UN emphasis on effective role of regional arrangements in maintenance of regional peace and security and on pacific settlement of regional disputes through regional actions. Throughout its history, the Middle East has been a major   center of world affairs, Hence the Organization of Islamic Cooperation is determined to enhance and consolidate the bond of fraternity and solidarity among the member states This article shall examine legal statues of the Organization of Islamic Cooperation and its role in maintenance of regional peace and security as one opportunity among others in Middle East.  In doing so, legal and practical capabilities are taken in to account. It concludes in principle that regionalism shall be considered as suitable means to strengthen and maintain regional peace and security.

Arms control, especially nuclear weapons is considered one of the most important issues in the contemporary world. Islamic position as a form of an Islamic government behavior in relation to such weapons is one of the divisive issues that must be addressed. Prohibition or not prohibition of the use of weapons of mass destruction, especially nuclear weapons, is one of the fundamental questions of international law. So far, no express prohibition has been put on the produce, maintenance and use of these weapons. Islamic Republic of Iran, which it’s law is based on Islamic Sharia, prohibits producing, maintenance and use of these weapons on the basis of the principles of Islamic jurisprudence and thought, which presented by the leader of I.R. of Iran. This position and Fatwa will be compared with international law in this article.

One of the most important concerns of criminal justice system is crime prevention through punishment. Such a general policy has been faced with some exceptions. Sentence suspension, previously acknowledged in western countries, especially Franc, and recently in Iran, is one of these exceptions. Such an institution acknowledged in the light of criminologists and legal scholars views, is justifiable under the "expediency rule" in Islamic criminal law, as well. Of its justifications are, the necessity to pay attention to criminal's character and the economic, social and cultural prison expenses, the possibility of non-exclusive social reactions to crime and the comprehensive authority of Islamic government on Taziri crimes. In this paper we explain the sentence suspension in Iran and compare it with the French one. Regarding the past legislation and the expertise findings and statistics, it can be said that sentence suspension has played a significant role to socialize criminals and therefore to reduce criminal statistics. Notwithstanding, because of its novelty in Iran and lack of relevant analytic studies and field works, it cannot be judged clearly through academic literature.

The ever-increasing expansion of urban societies and shortage of residential lands has caused to be aboveground and underground more valuable than the ground in some cases. This has led to the increasing conflict between individual and public ownership. Studying and analyzing the principles of ownership can reduce to a large extent the conflict between the private owners and custodians of urban affairs. the results of comparing the fundamentals of this type of ownership in Islamic, Iranian law and legal system of property rights in France, England, Germany, Switzerland, Egypt implies that the Controlling(Al-Taslit), Reverence(Ehteram), Compliance (Tabaiiat), Possession(Yad) and No-harm(La-Zarar) Rules are the most foundations of  aboveground and underground property right. Hence the owner of the land has Possession power on them and this must be honored, as aboveground and underground are land accessories and any person who prevents legal possession of the owner, will be liable to compensate due to the damages.

International Instruments on Family can be studied within various fields including Private law, Public International law, Private International law and International Human Rights Law. Although, at the first glance, it seems family instruments are just related to privacy of citizens, it covers different themes associated with public order, security, morals and well being of community which have effective outcomes at national and international level. The Persian Gulf countries have interactions with international human rights mechanisms. The main question of this paper is whether the approach of Persian Gulf Countries toward international family instruments is similar and cohesive or they have adopted different and contradictory approaches and what is the impact of their united or divergent approach on regional peace and security. The methodology of this paper is to analyze International family Instruments from public international law and international human rights law perspectives. The paper will be concluded with some theoretical and practical suggestions and recommendations for the policy makers and related authorities of Islamic Republic of Iran.

Right to have advocate and judicial consult in delegations, is a defensive means for the defendant and accused person, by which he/she can provide a good fortune to prove his/her innocence or proceed his/her case. Implementation of this right during preliminary inquiries would prevent any likely violation of accused rights and preserving his/her inherent dignity. Interpreting Islamic viewpoints in expressing and preserving moral values and human rights, in their higher levels, according to the philosophy and goal of human life, in comparison with international instruments and norms which are resulted by human experiment and knowledge, could include useful scientific and practical conclusions.  In the present article, after giving a general sight of view about Islamic and   human rights law on the right to have advocate, extent and quality of this right especially during preliminary inquiries, is discussed and explained that, how it could be guaranteed and, from the other side, which code of conduct should be followed by advocate according to Islamic and international norms and values.