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Author(s): 

Muinifar Muhadditha

Issue Info: 
  • Year: 

    2022
  • Volume: 

    4
  • Issue: 

    2
  • Pages: 

    221-233
Measures: 
  • Citations: 

    1
  • Views: 

    93
  • Downloads: 

    19
Abstract: 

Bearing a child has always been one of the most magnificent matters of mankind. Naturally speaking, making a decision about it relies on its pros and cons. By the development of modern assisted Reproductive technologies and contraceptive methods in recent decades, the issue of human reproduction has gained more importance in Islam (and Islamic law) and in other religions. In this paper, we use the document analysis and descriptive-analytical research methods to figure out the conditions and status of mankind’, s Reproductive Rights according to Islamic law. The purpose of this article is to show the perspective of Islamic law toward the nature of Reproductive Rights. By considering this issue, we can decide better about other issues in this realm such as the aspects of Reproductive Rights, the Right-holders, and the duty-bearers. In conclusion, according to the standpoint of the Qur’, ā, n and the traditions about the permission to practice ‘, azl (withdrawal or coitus interruptus), we might maintain that human reproduction is a Right rather than a commandment (ḥ, ukm),moreover, it is a mixture of duty and Right, because is not sufficient to only take Rights into consideration. Thus, according to this Right, obligations or duties must be imposed against other opposing parties (persons or the government), as it is not possible to imagine Rights without responsibilities.

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Issue Info: 
  • Year: 

    2015
  • Volume: 

    17
  • Issue: 

    66
  • Pages: 

    195-247
Measures: 
  • Citations: 

    0
  • Views: 

    1319
  • Downloads: 

    0
Abstract: 

One of the Human Rights which are paid attention to it now is the Reproductive Right. Considering to this Right is more wide spreading by introducing new Reproductive technology and new means of contraception. To understand the view of Islam about this issue we consider quality of legislation in the issue of this Right and the way of legislator’s demonstration. Our method in this paper is the last way and by reviewing Quran to prove that reproduction is one of Rights of couples in Islam. In this paper, we use the documentary and descriptive- analytical method. In conclusion, by the only one of Quran’s verse is proved the Reproductive Right in Islam not God’s judgments. In Our view it is better to say the human reproduction in one aspect is a Right, also it can be God’s judgments in some condition. In replying we can say in performance of Rights we must consider the divine orders. In addition, In Family system, discoursing only about Rights is not useful, so the divine legislator in this area prefer obligations then Rights to guide the small cell in society.

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Issue Info: 
  • Year: 

    2024
  • Volume: 

    6
  • Issue: 

    1
  • Pages: 

    33-42
Measures: 
  • Citations: 

    0
  • Views: 

    40
  • Downloads: 

    0
Abstract: 

Introduction: Arbitration has a contractual nature and is subject to the sovereignty of the will of the parties, but in some cases, the legislator imposed the referral of claims to arbitration on the will of the parties and caused the contractual nature of the arbitration clause to disappear or be limited. By doing this, he has placed the arbitration outside the will of the parties. This issue causes some moral conflicts in the discussion of compulsory arbitration. Therefore, this research has been done with the purpose of examining the position of compulsory arbitration in Iran's legal system and the ethical challenges in it with a descriptive-analytical approach. Material and Methods: The research was a review method, in order to achieve the goal of the research, in addition to electronic education books and virtual education in this field, articles related to the research keywords from 2004 to 2022 from the databases of Civilica, Magiran, Sid, Researchgate, Science direct, was reviewed Conclusion: Based on the findings of the research, it can be concluded that compulsory arbitration in Iran has ethical challenges in the field of implementation and interpretation, the most important of which is the issue of the Right to action and judicial justice. In the context of ambiguities in mandatory arbitration, even if the method of arbitration becomes ambiguous, the arbitrator has the duty to find out the will of the legislator with the principles and rules of interpretation, which creates a moral conflict for the arbitrator.

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Author(s): 

SADEGHI MOHAMMAD REZA

Issue Info: 
  • Year: 

    2018
  • Volume: 

    19
  • Issue: 

    1
  • Pages: 

    1-2
Measures: 
  • Citations: 

    0
  • Views: 

    219
  • Downloads: 

    153
Keywords: 
Abstract: 

Infertility as a universal public health topic affects about %15 of couples in Reproductive age of 18-45 worldwide. According to epidemiologic studies, it is steadily increasing in the industrialized countries due to environmental factors and habitual changes in human's lifestyle. WHO estimates that about 60-80 million of infertile couples require medical intervention to get pregnant every year. In spite of all the progress and development in the diagnosis and treatment of infertility, assissted Reproductive technologies (ARTs) are able to help only less than 70% of them during the first 5 years of their attempt through assissted concieving using either their own gametes or the Reproductive capacity of the third party (1).

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Author(s): 

Journal: 

BMJ Global Health

Issue Info: 
  • Year: 

    2022
  • Volume: 

    7
  • Issue: 

    4
  • Pages: 

    0-0
Measures: 
  • Citations: 

    1
  • Views: 

    4
  • Downloads: 

    0
Keywords: 
Abstract: 

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

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Author(s): 

Issue Info: 
  • Year: 

    2023
  • Volume: 

    20
  • Issue: 

    2
  • Pages: 

    0-0
Measures: 
  • Citations: 

    1
  • Views: 

    2
  • Downloads: 

    0
Keywords: 
Abstract: 

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Issue Info: 
  • Year: 

    2023
  • Volume: 

    11
  • Issue: 

    2
  • Pages: 

    153-173
Measures: 
  • Citations: 

    0
  • Views: 

    154
  • Downloads: 

    13
Abstract: 

ABSTRACT Right to the city is one of the most important citizenship Rights that can be reduced for women under different circumstances. In this mixed research, with in-depth and semi-structured interviews, a conceptual model has been presented to explain the causal, contextual and interventional conditions effectively reducing women's Right to the city. Then, with the structural equation modeling, the causal conditions affecting the Right to the city have been investigated. Family, ethnicity, and physical and mental conditions were the most important background conditions that 32 women living in Ahvaz pointed to in order to influence the Right to the city. Also, the participants considered politics and government institutions, law, and spatial policies as the most important intervention in the women's Right to the city. City security, favorable actions with the city space, space-positive gender performance, and social welfare were among the most important causal conditions that the participants mentioned in increasing women's Right to the city. Causal modeling showed that the most influential reason for reducing women's Right to the city of Ahvaz is urban space security, followed by urban policies and designs. By multiplying the causal path, it is 0.84, followed by urban planning and design with a coefficient of 0.79. Governmental and executive institutions should pay more attention to women's Right to the city through the establishment of better laws, the design of suitable spaces with individual differences, especially gender, and, of course, with an emphasis on women. The creation of safer places in the city for women while increasing the livability of the city for citizens improves women's Rights in urban spaces Extended abstract Introduction The Right to the city is a universal Right consisting of several instances. Since the Right to the city enables the city inhabitants to access and enjoy the urban life benefits freely, it is tantamount to the Right to freedom. The Right to the city, the Right to freedom of building and rebuilding cities, is one of the most valuable and, at the same time, the most neglected human Rights. Among governments, NGOs (Non-Governmental Organizations) and political activists in all scales, the Right to the city is often conceived in a legal meaning. In this sense, the Right to city includes a set of distinct Rights to urban resources and services, shelter, public space, clean water, and education that must be available to all, regardless of social or economic status, the bearers of such Rights are urban dwellers and their guarantor is the government. This legal conception of the Right to the city emphasizes universal and individual Rights in the global liberal institutional order. The ultimate normative purpose of a legal Right to the city is that the government legally encodes and enforces the set of Rights constituting the Right to the city. Justice and equality have been considered since long ago; however, injustice and discrimination are still visible in cities. Among all kinds of injustices and discrimination, gender equality has been a subject marginalized in all ages. In Iran, the need for urban spaces for women in accordance with the civil needs of citizens in daily life is felt. In Iran, factors such as various types of urban violence and insecurity, which generally make women victims, have reduced the possibility and desire for their presence and participation in public. Because the spatial, temporal, official and unofficial divisions in the city have caused some spaces to remain far from the reach of women. In this research, we intend to deal with the most important factors that cause women not to enjoy one of their most essential human Rights, which is the Right to the city.   Methodology This research, which is practical in terms of purpose, has been done with a confirmatory mixed method; first, it tried to present the most important contextual, interventional, and causal factors effective in reducing the Right to the city of women in the form of a conceptual model by the approach of grounded theory, and then confirming the defined causal structure with the help of structural equations modeling. The population in this research is Iranian women who are exposed to gender injustice and do not have the Right to a desirable city. Research participants have a deep experience of undermining their Right to the city and are interested in sharing it and cooperating with the researcher. Sampling was purposefully selected from women with the least amount of the Right to the city. The qualitative sample of the research was 32 people, and the quantitative sample was 420 people. Due to the mixed nature of the research and the use of the data-driven theory approach and, afterwards, structural equations to collect the data, the interview was used in the qualitative phase and questionnaires in the quantitative phase. The interviews were done in-depth, face-to-face and semi-structured. The open-ended interview questions were conducted in a calm environment without the presence of a third person, and the time of the interviews varied according to the conditions of the interviewee. The questionnaire used in the research has ascertained an instrument that evaluates the contextual and causal components and factors related to the Right to the city in the form of self-declaration items. The data obtained from the interview, after being implemented in the form of text, were analyzed and classified with the help of directed content analysis. In order to investigate the causal structure of the Right to the city, structural equation modeling would have been helpful. Analyzes were performed with the help of LISREL 8.8. To estimate the causal path coefficients, the iterated maximum likelihood method was used and the overall fit of the causal structure model of women’s Right to the city was carried out by Chi-square statistic. And, of course, the most important fit indexes of the model, such as absolute fit indexes, incremental fit indexes and Parsimonious Normed Fit Indexes (PNFI).   Results and discussion Directed content analysis helped us to identify the factors reducing the Right to the city and its subclasses of Iranian women. Conditions affecting women's Right to the city are divided into underlying conditions, causal conditions, and intervening conditions. The most critical underlying conditions were family, age, ethnicity, and physical and mental characteristics. At the same time, environment security, urban actions, social welfare, and space gender functions constituted the essential intervening conditions, and politics, governmental institutions, law, and city spatial policies included the most important intervening conditions. Causal modeling also showed that the factors influencing women's Right to the city are the most influential to the least influential in the form of (1) security of the city environment, (2) urban policy-making, (3) gender function of space, and (4) interaction with the city. Security is one of the most important and influential factors that can decrease or increase the Right to the city for women.   Conclusion The Right to the city, which is considered one of the most fundamental Rights of citizens, is trampled or reaches its lowest level due to underlying reasons such as the gender of individuals or their families. In this case, women are more vulnerable than the men. In such a way, causal conditions such as environmental security or urban actions and, of course, welfare have made this gender difference in the use of city space deeper and more complicated. Meanwhile, the role of governments and sovereignty in legislation and policies should not be neglected to reduce the Right to city for women. Our explicit suggestion is for governmental institutions and executive agencies to pay more attention to women’s Right to the city through the establishment of better laws, the design of more suitable spaces in the city, the design of urban spaces away from any gender discrimination only with the view of equal access for all and the creation of safer places for the women living in Ahvaz.   Funding There is no funding support.   Authors’ Contribution All of the authors approved the content of the manuscript and agreed on all aspects of the work.   Conflict of Interest Authors declared no conflict of interest.   Acknowledgments We are grateful to all the scientific.

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Issue Info: 
  • Year: 

    2011
  • Volume: 

    7
  • Issue: 

    26
  • Pages: 

    9-40
Measures: 
  • Citations: 

    0
  • Views: 

    1173
  • Downloads: 

    0
Abstract: 

During the history of human ideas many changes of thoughts happened of which can be counted ocuerrence of doubt in self-evident ideas. One of those self-evident ideas is the relation between Right and religion. Though in religious thought there can be no doubt in inseparability of Right and religion, as soon as theism was replaced with humanism, it was opposed to doubt. This paper, therefore, has intended to study religious Right and irreligious Right. To do so, theological, epistemological, ontological and humanistical principles of the latter have been introduced and critically studied. And finally the view of the paper on behalf of religious Right has been explained.

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Author(s): 

Mousavi Karimi Mir Saeid

Journal: 

HUMAN RightS

Issue Info: 
  • Year: 

    2023
  • Volume: 

    18
  • Issue: 

    1
  • Pages: 

    7-35
Measures: 
  • Citations: 

    0
  • Views: 

    51
  • Downloads: 

    0
Abstract: 

Undoubtedly, the Right to life is the most important of all Rights. Regarding this point, the fundamental question is, who has the authority to make laws and take action resulting in humans being killed? In response to this question, in this paper, I aim to defend the thesis that only God has the (moral/legal/religious) authority to make and issue the laws surrounding life and death. So, it is rational to believe that the Right to life is restrictively a Divine Right and not a human Right. The paper is organized as follows: after introducing some elementary points and definitions, two arguments in favor of the above thesis will be formulated. In the first argument, by laying out some thought experiments, it is shown that human laws concerning civilians’ life are paradoxical and implausible. The second argument is based on exploring the origin of the Right to life. In the last part of the paper, some implications and advantages of the favored thesis will be stated in brief.

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Author(s): 

JAVIDI MOJTABA

Issue Info: 
  • Year: 

    2016
  • Volume: 

    16
  • Issue: 

    2 (42)
  • Pages: 

    115-137
Measures: 
  • Citations: 

    0
  • Views: 

    3349
  • Downloads: 

    0
Abstract: 

Each of law schools is defining the "Right" based on its epistemological foundations. In "legal positivism" the term of "Right" is separate from any norms and values and only spoke the "ruler command" as the "Right" because of the impossibility of an empirical science in value judgment and the claim of “the separation “is” from “ought to”. But in Islamic law the term "Right" is apart from "ruler command" (law) and different and the "ruler command" (law) must be based on "Right".Because norms and values has objective criterion, which provides the ability to measure their truth or falsity based on no monopoly of science in experimental science. And thus, the norms and values is going to a subset of science. Although there are some similarities between Islamic Law and Some branches of natural law regarding to the concept of "Right" and may sometimes lead to the same conclusions in some branches, they are different in some results and modality of explanations and descriptions. The "Right" in Islamic thought is "what is entirely consistent with real rules and objectives of universe". On the other hand, what is entirely consistent with real rules and objectives of universe, is "Sharia". Thus, the concept of "Right" is inextricably linked with real rules and objectives of universe on the view of fixity and "Sharia" on the view of proof.

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