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Issue Info: 
  • Year: 

    2024
  • Volume: 

    2
  • Issue: 

    1
  • Pages: 

    72-98
Measures: 
  • Citations: 

    0
  • Views: 

    3
  • Downloads: 

    0
Abstract: 

Improper Hijab inflicts harm on the spiritual health and social life, particularly the stability of the family as the core of the community. Therefore, a criminal response to it is necessary. The Iranian criminal legislature has utilized two reactions: imprisonment and monetary fines, but the results have indicated their ineffectiveness. Consequently, the penalization of deprivation of social rights has been recently proposed. Although social rights are defined as an individual's rights in relation to social institutions, there is no consensus on this meaning and its instances. This article, recruiting a descriptive-analytical method and library resources, examines the nature of using this penalty. While deprivation of social rights has advantages compared to imprisonment and monetary fines, and is also prescribed in some cases in Islamic law, it does not appear Fiqhi legitimate in instances where it is connected to an individual's life and fundamental rights, such as deprivation of access to medical facilities.

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Issue Info: 
  • Year: 

    2024
  • Volume: 

    4
  • Issue: 

    4
  • Pages: 

    647-668
Measures: 
  • Citations: 

    0
  • Views: 

    6
  • Downloads: 

    0
Abstract: 

The issue of Hijab and its obligation to observe it in the Iranian legal system has always been one of the challenging issues in the field of criminal law and Islamic jurisprudence. Focusing on jurisprudential teachings, this research examines the feasibility of decriminalizing Improper Hijab and attempts to examine the Sharia and jurisprudential foundations related to the obligation to wear Hijab and the extent to which it complies with criminalization policies. To this end, the concept of Improper Hijab is first explained from a jurisprudential and legal perspective, and then the foundations of its criminalization are analyzed within the framework of jurisprudential rules such as “enjoining the good and forbidding the evil,” “the rule of no harm,” and “maintaining public order.” The results of the research show that in Islamic jurisprudence, the obligation to wear Hijab has multiple aspects, including individual, social, and moral, and its criminalization can be justified based on some jurisprudential principles. However, a comparative study with other legal systems and an analysis of the requirements of time and place in dynamic jurisprudence raise the possibility of adopting alternative approaches, including cultural and social measures. Finally, this article suggests that policymaking in the field of Hijab can be guided by jurisprudential principles such as “tolerance in punishments” and “the rule of repelling corruption with corruption” towards modifying criminalization and using restorative and preventive approaches.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Issue Info: 
  • Year: 

    2024
  • Volume: 

    7
  • Issue: 

    4
  • Pages: 

    248-263
Measures: 
  • Citations: 

    0
  • Views: 

    32
  • Downloads: 

    0
Abstract: 

In the Iranian legal system, based on the fourth principle of the Constitution, Hijab is considered a religious obligation and is protected by criminal laws. However, due to the inefficiency of punitive responses in many social deviance phenomena, including Improper Hijab, a return to the concept of social prevention becomes essential. Prevention is the most crucial tool in controlling social abnormalities, encompassing various strategies to deter criminal and deviant behavior. In social prevention, the specific roles of family, education, mass media, and overall social policies are of great importance.This article is of an applied nature and, based on the data collection method, can be considered a descriptive research with a survey approach. The researcher-designed questionnaire was employed as the research tool. The statistical population of this study includes judges, clergy, teachers, military personnel, students, and market participants in the city of Qom who are somehow related to the issue of Hijab and modesty. The sample size, considering the research type and the difficulty in selecting participants, is 150 individuals randomly chosen to respond to the questions. According to the findings, the highest level of agreement is observed regarding the effectiveness of the growth-oriented social prevention in preventing Improper Hijab.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Author(s): 

GHORBANI B.

Journal: 

VIRTUAL

Issue Info: 
  • Year: 

    621
  • Volume: 

    1
  • Issue: 

    1
  • Pages: 

    0-0
Measures: 
  • Citations: 

    1
  • Views: 

    175
  • Downloads: 

    0
Keywords: 
Abstract: 

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

View 175

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Author(s): 

ZEYN ABADI M.

Issue Info: 
  • Year: 

    2008
  • Volume: 

    10
  • Issue: 

    38
  • Pages: 

    180-218
Measures: 
  • Citations: 

    0
  • Views: 

    3837
  • Downloads: 

    0
Abstract: 

If we consider Hijab as a behavior, like any other behavior, it follows certain regularities. According to sociological and psychological theories, performing a behavior is influenced by certain factors one of which is the individual’s awareness of and information about the specific behavior. In other words, the individual’s level of cognition determines his / her action and behavior. This information and knowledge about objects, phenomena, and concepts are obtained through the process of socialization. In this paper, socialization is studied according to functionalism and symbolic interaction perspective. Here, family, school, age group, and social and communicative institutions are introduced as factors determining Hijab socialization, with the disharmony and dysfunction of these factors resulting in the vulnerability of Hijab socialization process.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

View 3837

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Author(s): 

KHAYYATIYAN QUDRATULLAH

Journal: 

Kheradname-ye Sadra

Issue Info: 
  • Year: 

    2012
  • Volume: 

    -
  • Issue: 

    67
  • Pages: 

    0-0
Measures: 
  • Citations: 

    0
  • Views: 

    2633
  • Downloads: 

    0
Abstract: 

The word Hijab and its synonyms have been frequently used in some Qur'anic verses and traditions transmitted by Islamic leaders and, before them, in several important gnostic texts.In this paper, based on a study of verses, traditions, and gnostic sources, it has been tried to explain the usages of the word Hijab and its synonyms and gnostics' intention of it. Here, the writer has also explored the relationship between Qur'anic Hijab and gnostic Hijab.Given the background of the discussion, the writer has examined and criticized the meanings of some of the related terms, such as "union" and "proximity" in order to see if the concept of "gnostic union" is in conformity with "proximity" as used in the holy Qur'an.It is finally concluded that gnostics have used some Qur'anic terms, such as Hijab, turned them into gnostic terms, and used them in the sense intended by themselves. Moreover, it is argued that there is an absolute general and particular relationship between Qur'anic Hijab and gnostic Hijab, and not all the uses of this word in the Qur'an are intended in its gnostic sense. Given the fact that, according to gnostics, not all the Hijabs between the servant and the Truth can be removed, the writer also concludes that the union intended by gnostics is in unity with and related to the concept of "proximity" in the Qur'an.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Author(s): 

Ansari Bagher

Journal: 

PRIVATE LAW

Issue Info: 
  • Year: 

    2022
  • Volume: 

    11
  • Issue: 

    41
  • Pages: 

    41-82
Measures: 
  • Citations: 

    0
  • Views: 

    91
  • Downloads: 

    30
Abstract: 

trade secrets law protect all types of information and innovations without considering the need for a specific quality such as the originality or novelty of the information and without any prior review. This protection, without granting exclusive rights to the owner of the secrets, is done only against three actions, namely Improper disclosure, possession and use. The subject of this article is to study the limits of protection of secrets against Improper disclosure: What is meant by Improper disclosure and how and by what criteria can a distinction be made between proper and Improper disclosure? To this end, by studying and inferring into the laws and jurisprudence of different countries, especially the EU directive on trade secrets (2016) and US law, first, different hypotheses of disclosure of trade secrets, are categorized in five categories of disclosure to competitors, mandatory disclosures, disclosure to Foreign states, disclosure to the public and disclosing as a Whistleblower. then the criteria and conditions for recognizing proper and Improper disclosures are explained separately in each case. Criteria that, if adhered to, could protect the public policy and the private interests in a balanced way.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Author(s): 

MAHDAVI ZADEGAN D.

Issue Info: 
  • Year: 

    2007
  • Volume: 

    10
  • Issue: 

    37
  • Pages: 

    161-192
Measures: 
  • Citations: 

    1
  • Views: 

    1483
  • Downloads: 

    0
Abstract: 

Islamic Hijab is a sign of Muslim women and is so important that it is considered as an established indication of Islamic rituals. What is at issue here is whether Islamic government can force Muslim women to wear Hijab. Studies suggest that Islamic government should not be indifferent towards Islamic laws and should direct people towards the good. However, there are problems in this regard which this paper tries to address. Some of the issues put forward here are Hijab’s being an individual and social precept, precepts’ relationship with public or private sphere, Hijab in traditions, Hijab’s being an instance of the good, etc.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

View 1483

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Author(s): 

KHALAFI M.

Issue Info: 
  • Year: 

    2007
  • Volume: 

    10
  • Issue: 

    37
  • Pages: 

    75-132
Measures: 
  • Citations: 

    0
  • Views: 

    284
  • Downloads: 

    0
Abstract: 

Women’s being obliged to cover their bodies results from an overall enquiry into jurisprudential sources. However, a deep thinking over the testimonies for Hijab shows there are controversies about the limits and manners of Hijab. The two extremes of these controversies are too far away from each other to be considered in a single perspective. On the one hand, some believe all parts of a woman’s body, including hands, face, and even her voice, should be covered; on the other hand, others believe a sincere look at a woman’s face and her saying prayer without a head cover are allowed. The former belief may result in social problems for women and Islamic societies whereas it is necessary for the Muslim women to have an active participation in the social life. Now the question is whether reviewing jurisprudential texts and approaching the issue from inside the religion can solve some of the problems Muslim women are facing or not. The paper tries to answer some of these questions, referring to Quranic verses, traditions, and words from jurisprudents.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Author(s): 

MAHBOUBI MANESH H.

Issue Info: 
  • Year: 

    2008
  • Volume: 

    10
  • Issue: 

    38
  • Pages: 

    88-134
Measures: 
  • Citations: 

    2
  • Views: 

    7274
  • Downloads: 

    0
Abstract: 

Clothing and Hijab, as communicative media and social acts, are under the influence of cultural, social, political, and economic structures, on the one hand, and under the influence of social actors such as men and women, on the other hand. During the years after the Islamic Revolution, the Cultural Revolution for encouraging people to observe Hijab did not quite succeed because of the internal vulnerability of the society and external threats. Thus, not observing Hijab hurt the collective conscience of the nation and turned it into a social problem. I believe this problem can be accounted for through scrutinizing the process of the change of social values from extra-material to material and the rash, externally-driven, asymmetric development after the imposed war. Hijab as a social impairment is on the surface of the society but as sign of social problem is rooted in the depth of the society removing of which needs cultural engineering and adopting appropriate social and cultural policies.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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