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Journal: 

LEGAL CIVILIZATION

Issue Info: 
  • Year: 

    2025
  • Volume: 

    8
  • Issue: 

    23
  • Pages: 

    27-36
Measures: 
  • Citations: 

    0
  • Views: 

    29
  • Downloads: 

    0
Abstract: 

The present study; is a jurisprudential-legal subject. The content has been compiled through the analysis of various jurisprudential, legal, and linguistic sources, resulting in this written work. This research compares the characteristics of judicial justice in Islamic criminal laws with the principles of human rights. Judicial justice refers to adhering to fairness and impartiality in judicial matters and rendering judgments. This means that during judicial proceedings, the principles and standards of judicial justice must be observed for all parties involved, including the accused. The foundation of any society relies on respecting judicial rights and institutionalizing judicial justice. A judicial system is deemed just only when it adheres to all the principles of judicial justice. The significance of addressing this issue lies in the fact that judicial justice is one of the primary goals of judicial systems in both Islam and human rights frameworks. A society's judicial system must ensure the protection of individuals’ property, lives, and dignity in both codified laws and their implementation. Notably, the Islamic judicial system, derived from the teachings of the Quran, narrations, and the practical conduct of the infallible (peace be upon them), especially Imam Ali (peace be upon him), has emphasized judicial justice for centuries, forming the cornerstone of its structure. Judicial justice also holds a prominent place in international human rights documents; however, achieving this principle in the latter has taken centuries. Contrary to common perceptions suggesting that Islam may not prioritize judicial justice, the Islamic judicial system places significantly greater emphasis on this principle and its requirements compared to other systems.

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Author(s): 

MIREBRAHIMI SEYYED ALI

Issue Info: 
  • Year: 

    2010
  • Volume: 

    5
  • Issue: 

    12
  • Pages: 

    155-172
Measures: 
  • Citations: 

    0
  • Views: 

    2662
  • Downloads: 

    0
Abstract: 

The study aims at surveying one of the preoccupations of the present century that is destruction of environment. To preserve it, mending and approving national rules of countries and forceful pacts and resolutions at international levels seem necessary. Regarding the importance of the issue and the fact that approving rules related to the preservation of environment requires Islamic Shariah based on principle 72 of constitutions, the question is what is the approach of Islamic rules related to this issue? Accordingly, the study is fundamental and the methodology is descriptive- analytic which uses the relationship between the increase in destruction of environment and beliefs in holiness of natural elements and religious recommendations depict the training aspects of dealing with nature. The study intends to survey the place of environmental elements and their importance in Islam and the manner with which Islam approves the new rules about the rights of environment.

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Author(s): 

Issue Info: 
  • Year: 

    0
  • Volume: 

    44
  • Issue: 

    11
  • Pages: 

    69-86
Measures: 
  • Citations: 

    1
  • Views: 

    112
  • Downloads: 

    0
Keywords: 
Abstract: 

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Author(s): 

MASHAYEKHI GH.

Journal: 

JOURNAL OF HUMANITIES

Issue Info: 
  • Year: 

    2002
  • Volume: 

    12
  • Issue: 

    41
  • Pages: 

    281-300
Measures: 
  • Citations: 

    0
  • Views: 

    5224
  • Downloads: 

    0
Keywords: 
Abstract: 

Every child is the fruit of its family, and its first teachers and guardians are its parents. Both father and mother are responsible for a childs development. But what will happen to a child whose parents get divorced? Would both parents be eligible and responsible for the guardianship? If both parents die, could the paternal/maternal grandfather play their role? Would not it be ignoring a mothers affection to separate her from her child? The present article, entitled "Guardianship from the Perspective of Islamic laws and jurisprudence, " explores the above-mentioned questions.

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Issue Info: 
  • Year: 

    2010
  • Volume: 

    -
  • Issue: 

    73
  • Pages: 

    119-140
Measures: 
  • Citations: 

    1
  • Views: 

    4146
  • Downloads: 

    0
Abstract: 

Introduction: In recent decades, growth and development of tourism and adoption of that as one of the main economic activities in developed and developing countries and competition of main destinations in order to attract tourists have caused the planners to increase the income of tourism activities.Tourism has become an important economic source for planners and authorities in the field of tourism planning. It is one of the sources of competition in terms of investments, priority of goals, spatial organization of tourist spaces and establishing suitable commercial structure for tourist activities.At the outset of the 21st century, tourism will be an indispensable reality in the behavior and conduct of man to gratify his curious soul, given the established technological, cultural, political, social and economic structures. Visiting other places either in reality or through virtual technology for different purposes will be among the requirements of the 21st century, giving shape to a movement which has made national and international borders irrelevant and gone beyond the state and the nation. As a major component of post-structuralism economic theory, tourism is virtually bringing about deconstructive ideas in all areas Therefore; many countries see tourism as a necessity and seek to utilize all their potentials and resources to achieve their interests and benefits. Recently, visitors are increasingly paying attention to Tourist spaces. The important activity in planning and development of tourist activities is their gathering and assembly of Laws and regulations in shield of Tourists and making security for them is essential.The law has much rich potential for tourism and tourists which play key roles in their development. Tourism nowadays is used as an important business enterprise, which calls for an assessment of the competing market, defining and setting objectives and judging among various options for investment, establishment and use of proper structure for commercializing urban tourist products. Proper decision making and collecting suitable Laws and regulations for international tourists should include all factors that affect decision making so that the best option is chosen. Primary actions in the field of tourism began after the industrial revolution, whereas Iran with its strong background in tourism initiated tourism regularly and legally since 1937.Nowadays the discussion of legality dimension of tourism has the most important role in the world countries political geography.Methodology: This study makes use of the qualitative method hermeneutic method as usual. This choice has been made considering its advantages over other methods. Moreover we focus on historical and strong documents in tourism laws in Iran and afterward we have cooperated with and interviewed some organizations that are law makers and provide facilities and have participated in tourism development.Results and discussion: Based on the above explanation, the purpose of this article is the Status of International tourists laws in view and thought of the Religion of Islam and Islamic republic of Iran laws and regulations The important thing for law maker-based development and tourism planning is to pay attention to the needs and demands of international tourist with the approach to host communities’ necessities and needs. This is more important to be considered that law makers in Iran, in the field of tourism are faced with both Islamic identity and ancient identity for making laws in the country of Iran. In this study we try to examine the two dimension of Iran laws and regulations and view and thought of the religion of Islam to International tourist and tourism.Conclusion: In our Conclusion: in Iran we have not defined specific definition from tourists laws and summing up in Islamic thought , although it is verdant, it is not adapted with today’s global situation change. So at this time of the millennium, we should establish a framework for tourists’ law with approach to the cultural habitat. Tourism development and making benefit for our society need strong and flexible criteria such as institutional, legal and geographical ones, which have to be taken into account so that decisions can be made with regard to sustainability. In this connection, to codify necessary laws for tourists and maintaining the content of tourists and increasing efficiency of the industry, paying attention to international rules and regulations, human rights and conventions between governments is vital. Therefore, ignoring these variables, depose Iran’s tourism industry rules and regulations in an appropriate position and this has caused our country, which is among the highly potential tourism countries for competition in the international arena, to gain little income from this economic activity.

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Issue Info: 
  • Year: 

    2022
  • Volume: 

    9
  • Issue: 

    17
  • Pages: 

    493-517
Measures: 
  • Citations: 

    0
  • Views: 

    65
  • Downloads: 

    9
Abstract: 

Divorce was one of the common traditions of Arabs before Islam, which was approved by Islam after correcting its flaws. The legitimacy of some types of divorce is inferred from the Quran, the tradition of the Messenger of God (S), the consensus of scholars, and the intellect. One of the common divorces is "Triple Divorce" in which a man divorces his wife three times in one meeting, or through one statement, he gets three divorces at once. Since the beginning of Islam, there has been a difference of opinion among the Companions, Followers, and jurists of Islamic schools of thought in the exegesis and allegorical interpretation of the verse Al-Talagh-o-Marratan (A divorce is only permissible twice). The jurists of all denominations unanimously consider triple divorce to be heretical, and their difference comes back to different interpretations of the mentioned verse. In this article, the opinions of different schools of jurisprudence on this verse were examined, and finally, by examining the arguments of different schools of thought and expressing the approach of the jurists, the conclusion was reached that the practice of this heresy and the obligation to implement the triple divorce contradict the views of many Companions, Followers, early and late jurists. Moreover, the study of personal status laws in Islamic countries showed that triple divorce is rejected in the courts of these countries and only one retroactive divorce is ruled.

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Journal: 

Issue Info: 
  • Year: 

    2024
  • Volume: 

    56
  • Issue: 

    3
  • Pages: 

    159-188
Measures: 
  • Citations: 

    0
  • Views: 

    8
  • Downloads: 

    0
Abstract: 

Criminal laws (aḥkām-i jazāʾī) constitute a part of the body of Islamic Sharīʿa. In the modern world, some claim that some of these rulings, such as the execution of apostates, harsh punishment methods, lūth and qasāma, retaliation punishment (qiṣāṣ) against the mother, etc. go against ethical criteria. Three main approaches can be identified regarding this issue: defensive and justificatory, critical and reformist, and ethical/rationalist. The first group entirely denies the existence of any challenges and considers religious rulings to align with religious ethics. The second group acknowledges the existence of the challenge and seeks reform regarding the issue. The rational approach, however, emphasizes the necessity for sharīʿa to align with ethical norms and propositions. Therefore, the third group supports fundamental changes to the foundations of criminal laws. The present essay employs a critical-analytical approach and seeks to offer practical solutions to resolve the discrepancy between criminal laws and ethical standards, aiming to make them more socially acceptable. The authors contend that when a criminal law goes against collective reason and conscience, ethical proposition should take precedence. Therefore, it is necessary to Review some of the criminal rulings in light of ethical and rational principles.

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Issue Info: 
  • Year: 

    2019
  • Volume: 

    21
  • Issue: 

    82
  • Pages: 

    101-115
Measures: 
  • Citations: 

    0
  • Views: 

    1696
  • Downloads: 

    0
Abstract: 

Dowry or consistency is one of the financial rights that by Islamic law for the wife, and once the marriage contract, the wife becomes the owner of the dowry. A wife can have anything that has property and legality and determination for the dowry is permissible reach an agreement conditional to that male about dowry just don't bet on the wife. So dowry from a moment marriage contract disposal to the wife is placed and the wife can freely legal templates transfer it or destroy it. In this research conditions transmission dowry in different assumptions been investigated. Recoupment dowry demand able to afford it is possible. In this premise, transfer of dowry means transfer Rights and privileged arising from it is not a marriage contract but only transfers of dowry assigned includes monetary and non-monetary, because the right docility، the right to alimony، the right to lien the right to tutorship. . . specific husband and wife. Therefore it is only possible to transfer the financial aspect of the marriage contract, which is mere dowry. Again can a dowry that certain amount of fungible things under obligation without transfer the right docility، the right to alimony، the right to line، the right to tutorship and salary and benefits that come from contract marriage, Transferred to debtor and non-debtor in the form of a gift contract.

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Journal: 

HEALTH SCOPE

Issue Info: 
  • Year: 

    2014
  • Volume: 

    3
  • Issue: 

    1
  • Pages: 

    0-0
Measures: 
  • Citations: 

    0
  • Views: 

    462
  • Downloads: 

    179
Abstract: 

1. Introduction: Meat is one of the most important foods in balanced diet of human beings. It is the main source of proteins with high biological value, vitamin B and minerals particularly iron. It is stated that humans have been hunting animals and consuming meat since prehistoric times. Today, domestic animals such as cow, sheep, goat and camel are being slaughtered for using the meat in all over the world. In holy Quran and Hadith, there are some orders followed by Muslims. Hence, meat is authorized for consumption when it is Halal condition, meaning lawful and legal. In the present study, some theories about the effects of Islamic orders on hygiene of meat are discussed.By referring to Islamic sources, five important religious orders pertaining to animal slaughtering are obtained.

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Issue Info: 
  • Year: 

    2022
  • Volume: 

    12
  • Issue: 

    45
  • Pages: 

    5-28
Measures: 
  • Citations: 

    0
  • Views: 

    15
  • Downloads: 

    0
Abstract: 

The killing of Yazdgerd, the last Sasanid king in the years 31 in northeast Iran by an unknown miller, is one of the most important events in the Iran`s history. By the murder of this king Sasanid`s political life was terminated and Iran`s status was changed socially, economically and culturally. In spite of the end of Sasanid government, civilization elements of that government like old tax regulations were transmitted to Islamic era. There has not been any independent study about the transmission and the quality of influence of these regulations yet. This article wants to answer this question using both a descriptive-analytic method and also an information collection one that in which contexts Sasanid`s tax regulations had been transmitted and what effects they had in tax context in primary Islamic centuries? Findings of this study show that Sasanid`s tax regulations like Mukasama, Ushur, Massahi and Jizya had been used in primary Islamic centuries and they had been transmitted in financial, geographical and cultural contexts.

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