JOURNAL OF COMPARATIVE STUDIES ON ISLAMIC AND WESTERN LAW
Year:2016 | Volume:3 | Issue:1 |Papers Count:7

Describing the quality of relationship between human rights and environmental protection in international law is far from simplicity and clearness. Nevertheless, the connection between environmental law and human rights and environment’s influences on many rights of human beings are undeniable. Consistent or inconsistent understanding of human rights and environment, is very useful for identifying priorities in conflicts or overlaps of common areas between these two fields. But it could be argue that the Qur'an’s look to environment is completely distinguishable from other religions and legal systems. So as, human rights are limited on the ground that they are in conflict with the environment. Since the thinking and attention to environmental are inferred in Quran verses and all the teachings of Islam, So the convergence of environmental law and human rights from an Islamic perspective is accepted.

From the viewpoint of the Islamic Penal Code, Absence consent in committing Actus Reus of Illegal Sexual intercourse results in the punishment aggravation and leads to death penalty. In the terminology of criminal regulation and legal doctrine, Absence consent involves the use of force and material allegory by the perpetrator. But in many cases, rape victims are abused without violence, through seduction or threat, or in situations where they cannot cope. In this article, through the analytical-descriptive method, the jurisprudential foundations of the subject are explored and it is concluded that in the jurisprudential narratives, the commitment of this crime has not stopped the existence of violence or even reluctance. The criterion, however, is the realization of the "agitation". With the lexical and terminological analysis of these concepts, rape is committed solely because of the lack of victim’s consent. In British Criminal Law, according to the "Sexual Offences Act" 2003, the lack of victim’s consent is sufficient However, there are many ambiguities in U.K. to commit a rape.regulation about whether consent is a condition for of rape commitment or not.

One of the basic principles of contemporary international law is the principle of self-determination on the basis of witch all persons and states can administrate and lead their own affairs in different fields of political, economic and social. Today, the conceptual scopes of this right has developed and strengthened regarding to issues such as democracy, human rights and violation and aggression to it propose the international responsibility of states. One of the questions in Islamic law is that whether the right to self-determination, is recognized for human beings or that his fate is predetermined. Article 56 of the constitution of Islamic republic of Iran in this respect provides that: “Absolute sovereignty over the world and man belongs to God, and it is He Who has made man master of his own social destiny. No one can deprive man of this divine right, nor subordinate it to the vested interests of a particular individual or group. This principle suggests that according to Islam, sovereignty belongs to God, but "the rule of man" and his right to determine its fate may provide grounds for the Islamic sovereignty. So, Islam with its special method recognizes this principle.

The Islamic jurisprudence has not been able to determine a fixed age regarding puberty; this is a natural fact, since issues like inheritance, climatic conditions, cultural and social interactions, contribute to this phenomenon.Some Islamic Jurists (Foghaha) consider the crime committed by members of this age group the same as penal responsibility, but this view is not absolute and has some restrictions like physical growth and mental perfection of the subjects, The Islamic Penal code of 2013, with due respect to Imamiye school of jurisprudence, intemational documents and legal sources has adopted an approach in relation to the previous measures and has registered advances in this respect, to name one, the acceptance of gradual penal responsibility among the said subjects, It should be noted that, the criticism on the issue of this age (Puberty penal age) as low and the possibility of their conviction to become punished holds true regarding this code. Attempt is made in this article to assess and analyze the penal responsibility of this age group, regarding their penalties with possible convictions to retaliation or limit and… on the basis of Imamiye school, Iranian laws and International documents.

The notion of democracy was borne during historical process and politico-philosophical developments in the west and establishment of representative system alongside with acceptance of peoples will, as the source of legitimacy of political system was a result of that thought. In a democratic state, the constitution as a creature of the nation, reflects the will of the people and consequently, all structures and political systems reflect the people's action, accordingly we cannot accept the constitution as more important than constituent power. All of the legal and political structures are as a result of the people's action, because non of the established organs and institutions did not follow any previous rule but people are also in a position of principle creators. In order to guarantee the sovereignty of the people, representative system not only shall be established as a methodic form but also supposed as a foundation that legitimate the political power. In a modern approach, the legitimacy of a political system is a concept beyond the establishment of formal representation and representative system should be extended to all organs and political structures. The constitution of the Islamic Republic of Iran has followed the modern pattern, Consequently any interpretation of the representation system should be preserve the founder's position in the highest level.

The Subjects that have special industrial application, are capable for registering as invention. Industrial application means that the invention is applicable in specific field of economic activities. This requirement is necessary for the economic, ethnic and jurisprudential grounds. Study on the existing procedure in Patent and trademark office in the United States, Europe and Japan, indicates that this requirement would be established when applicant can show a specific usage for the inv171ention. In Iranian law there is no special document as to the concept or form of assessment of this requirement. But because of the difficulty of obtaining this requirement on the basis of technical criteria, it could be recommended that secondary criteria be used for assessment of industrial application requirement. This article, at first tried to make clear the concept and economic and moral and jurisprudential foundations of the requirement, and then would study the method of assessment of it in the famous patent offices, ie. USPTO and EPO and JPO and finally after studying of the position of Iranian law, Proper suggestions are offered.

Legitimacy and legality is not enough for evidences to be presented to the criminal judge, but obtaining evidences by legitimate and lawful ways and means is needed as well, since, even the most important evidence for proving a criminal fact would be void if legal and licit way of its obtaining is ignored. In Islamic law the evidence which is acquired in an invalid way, would be illegitimate and would be exited of evidences set and would not be referred. In Iranian law, the evidence which is obtained by illicit way would be, with reference to Islamic law, put out of the evidence set, -except in some cases like legal evidences of Hdoud- But even the obtainers are punished in most cases, however, illegal acquiring of evidence would not led to its invalidity. According to western countries law and European Human Rights Convention, unlawful gaining of evidence would result to nullification of the evidence and since acquiring legitimate evidence is known as a fundamental human right, there would be no difference between criminal and semi-criminal authorities.