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Journal: 

MEDIA STUDIES

Issue Info: 
  • Year: 

    2019
  • Volume: 

    13
  • Issue: 

    4 (43)
  • Pages: 

    91-108
Measures: 
  • Citations: 

    0
  • Views: 

    684
  • Downloads: 

    0
Abstract: 

Ads today form an important part of media production. The general rule is that a program compiled and selected by a religious medium containing news, propaganda, education, etc., contingently contains useful and constructive messages for the average audience, in other words, if not useful, at least Not harmful. This exploratory research has devised a comprehensive model design for the effective monitoring of the media propaganda. Shari'a is a process by which all affairs in the media are monitored by Sharia observers, so that advertisements delivered to the audience do not contradict the standards and templates for a religious media based on Islamic law. For this purpose, after selecting the variables approved by the experts, after the exploratory factor analysis, five influential components of the Shari'a media were discovered. In order to investigate and study the effect of the discovered components, 400 questionnaires were distributed among the media audience and 386 were collected using the equation-solving method the structure was approved by using the graphic imus software. The obtained model of modeling and the analysis of relationships indicate that the five components of spiritual achievement of propaganda, normative system, media basket, value norms and media monitoring in this regard are influential.

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Author(s): 

Kadkhodaei Elyaderani Abbas Ali | Feli Hamid

Issue Info: 
  • Year: 

    2023
  • Volume: 

    12
  • Issue: 

    42
  • Pages: 

    41-72
Measures: 
  • Citations: 

    0
  • Views: 

    120
  • Downloads: 

    24
Abstract: 

According to the fourth principle of the constitution, one of the most fundamental foundations of the legal system of the Islamic Republic of Iran, , is the adherence of all laws and regulations to Sharia. Although the implementation mechanism of this principle is in accordance with the ninety-fourth and ninety-sixth principles of the constitution with the prior and automatic Sharia Supervision of the Guardian Council's jurisprudence on the approvals of the parliament, it is a guarantee of the Sharia law, but except for a reference in the one hundred and seventy-seventh principle of the constitution, a mechanism to supervise the legality of the aforementioned regulations is not foreseen in the fourth principle. Therefore, the necessity of realizing the intention of the basic legislator from the establishment of the fourth principle is the establishment of a suitable and efficient mechanism for Sharia monitoring of the regulations. The main question of this paper is proposed around this axis, what is the optimal mechanism of Sharia monitoring of administrative regulations. This paper using a descriptive-analytical method by referring to library sources led to the conclusion that Sharia Supervision from the platform of the Court of Administrative Justice with challenges caused by "limitation of the jurisdiction of the Court", "proceedings to the extent desired", "lack of necessary proceedings in the Guardian Council" " and "restoring the effects of the repealed regulations to the previous status" is encountered. Previous Sharia Supervision over all regulations is not within the capacity of the current structure of the Guardian Council and conflicts with the principles of administrative law. Therefore, it is necessary for a mechanism under the Supervision of the jurisprudents of the Guardian Council to monitor the administrative regulations in a retrospective manner and at the same time automatically and actively.

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Journal: 

Public Law Research

Issue Info: 
  • Year: 

    2024
  • Volume: 

    25
  • Issue: 

    82
  • Pages: 

    119-154
Measures: 
  • Citations: 

    0
  • Views: 

    21
  • Downloads: 

    0
Abstract: 

IntroductionThe Constitution of the Islamic Republic of Iran, particularly Principle (4), puts the emphasis on upholding Islamic standards in all legal norms. However, a priori Sharia Supervision over parliamentary approvals shall be exercised by the faqihs (Islamic jurists) of the Guardian Council concerning the specific laws outlined in Principles (94), (95), and (96) of the Constitution. Other approvals, notably the regulations specified in Principle (4), lack constitutional provision. To ensure optimal implementation of Principle (4), there is a need for an effective mechanism that can guarantee adherence to Sharia standards in regulations. The current Sharia-based Supervision mechanism is executed through the Court of Administrative Justice, but this approach has several shortcomings. First, it does not ensure Sharia compliance for all regulations since it is not comprehensive, only addressing the contested aspect of regulations. Moreover, regulations may possess significant importance based on inclusion, hierarchy of legal norms, authority level, and their impact on citizens’ rights and duties, leading to prolonged violations of citizens’ rights even when there are no complaints. In this respect, the present research aimed to examine the feasibility of establishing a mechanism for a priori Sharia Supervision over key regulations, addressing the challenges associated with its implementation. The study is based on the hypothesis that there are factors favoring  a priori Sharia Supervision over other types of monitoring when it comes to some aspects of regulations. Although most challenges are manageable, certain challenges make it both desirable and achievable to implement such a mechanism. Literature ReviewThe literature has offered solutions, suggesting the mandatory submission of government regulations and approvals from the Supreme Council of Cultural Revolution to the Guardian Council before their implementation—which can ensure Supervision over regulations from both a Sharia and constitutional perspective (e.g., Amjadian, 2012; Haji Ali Khamseh et al., 2021). Another proposed solution involves the establishment of boards specialized in Islamic jurisprudence and legal matters, overseen by the Guardian Council faqihs tasked with proactive monitoring subsequent to the enactment of regulations (Fe’li, 2020). The novelty of the present study lies in its detailed analysis of the feasibility and challenges associated with a priori Sharia Supervision over regulations. Materials and MethodsThe study relied on a descriptive–analytical method, using library research to collect and analyze the data. Results and DiscussionA priori Sharia Supervision over regulations can viably be applied after the regulations are approved and before they take effect—similar to the Supervision over Majlis approvals. A priori Sharia Supervision is more aligned with the objective of Principle (4) of the Constitution, so it is favored over other forms of Supervision, especially retrospective Supervision. Furthermore, it is essential that Sharia-based Supervision be applied in advance or a priori to the implementation, at least for critical regulations that are not subject to appeal in the Court of Administrative Justice. Moreover, for the sake of legal security of citizens and the prevention of rights violations, a priori Supervision is preferable over alternative types of monitoring because it is difficult to claim and restore the rights of citizens that might have been infringed upon in the past, especially if regulations are retroactively annulled long after their implementation. ConclusionThe challenges related to the principles of continuity and acceleration in delivering public services do not pose a significant obstacle to a priori Sharia Supervision because it is feasible to set a deadline for expressing opinions and the Guardian Council faqihs have opinions aimed at guaranteeing these principles. Furthermore, certain regulations that are not allowed to be delayed in their approval and implementation can exceptionally be subjected to Sharia Supervision outside a priori Sharia Supervision mechanism. It is plausible that the structure and organization of the Guardian Council may not be entirely conducive or equipped to implement such a mechanism, given the unique responsibilities of the faqihs. However, it can be limited to a priori Sharia Supervision of critical regulations, and it is not challenging as such, given the reforms aimed at reducing the Court of Administrative Justice’s inquiries from the Council (e.g., the ability to refer to the procedure of the Council’s faqihs in similar cases), and a comprehensive revision of the Council’s organization to lay the ground for a priori Sharia Supervision. Additionally, the Head of the Judiciary and the President of the Court can notify the Guardian Council faqihs of cases conflicting with Sharia in order to eliminate the structural defects of the Guardian Council that render it incompatible with supervising important regulations. It is worth noting that Note (1) of Article (87) of the Law of the Court of Administrative Justice (1402/2023) also lays the groundwork for establishing a suitable structure for Sharia Supervision over regulations.

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Issue Info: 
  • Year: 

    2024
  • Volume: 

    13
  • Issue: 

    2
  • Pages: 

    177-201
Measures: 
  • Citations: 

    0
  • Views: 

    8
  • Downloads: 

    0
Abstract: 

The nature and origin of laws is a topic that has been the subject of serious discussions, especially in the new era, and there are different opinions about it. In the Islamic view, which can be seen in the Constitution of the Islamic Republic of Iran, Sharia is the main source of legislation, and laws that do not conflict with Sharia rules and standards are legitimate. However, in many Islamic countries, despite the existence of religious relations, influenced by secular currents, the confrontation with Sharia has taken a separate path, which has led to serious differences in the field of legislative competence and decision-making regarding Sharia rulings. This paper, tries to analyze the strengths and weaknesses of the Sharia monitoring system of Iran's laws and regulations in terms of "the place of Sharia in the constitution", "the investigating institution" and "the review of the monitoring procedure" using a descriptive-analytical method. Guardian Council in Iran and the Supreme Constitutional Court in Egypt are responsible for this type of Supervision, in which the Supreme Constitutional Court of Egypt, with a passive and limited approach to the laws, approves the parliament only in order to comply with the general principles of Sharia law. It evaluates specific criteria and in a judicial process

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Issue Info: 
  • Year: 

    2024
  • Volume: 

    13
  • Issue: 

    2 (پیاپی 44)
  • Pages: 

    177-201
Measures: 
  • Citations: 

    0
  • Views: 

    49
  • Downloads: 

    10
Abstract: 

The nature and origin of laws is a topic that has been the subject of serious discussions, especially in the new era, and there are different opinions about it. In the Islamic view, which can be seen in the Constitution of the Islamic Republic of Iran, Sharia is the main source of legislation, and laws that do not conflict with Sharia rules and standards are legitimate. However, in many Islamic countries, despite the existence of religious relations, influenced by secular currents, the confrontation with Sharia has taken a separate path, which has led to serious differences in the field of legislative competence and decision-making regarding Sharia rulings. This paper, tries to analyze the strengths and weaknesses of the Sharia monitoring system of Iran's laws and regulations in terms of "the place of Sharia in the constitution", "the investigating institution" and "the review of the monitoring procedure" using a descriptive-analytical method. Guardian Council in Iran and the Supreme Constitutional Court in Egypt are responsible for this type of Supervision, in which the Supreme Constitutional Court of Egypt, with a passive and limited approach to the laws, approves the parliament only in order to comply with the general principles of Sharia law. It evaluates specific criteria and in a judicial process

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Issue Info: 
  • Year: 

    2024
  • Volume: 

    13
  • Issue: 

    2
  • Pages: 

    694-713
Measures: 
  • Citations: 

    0
  • Views: 

    56
  • Downloads: 

    19
Abstract: 

One of the important competences of the General Board of the Administrative Court of Justice, based on Article 12, Clause 1 of the Law on Organizations and Procedures of the Administrative Court of Justice, is to deal with complaints, grievances and objections of natural or legal persons from regulations and other government systems and regulations due to contradictions with Sharia, but based on the note 2 Article 84 and Article 87 of the Law on Organizations and Procedures of the Court of Administrative Justice and also based on the application and generality of Article 4 of the Constitution of the Republic of Iran, if the complaint is against the Shariah standards, the matter will be sent to the Guardian Council for comment. and the opinion of the jurists of the Guardian Council is mandatory for the general board. It seems that the mechanism and mechanism of such Supervision has always been a subject of discussion and questioning, and therefore, in examining Sharia Supervision of bylaws and other government systems and regulations, we are faced with two different domains and territories, the institution of the General Board of the Court of Administrative Justice and the Guardian Council. The current research seeks to answer this important question, what is the decision-making authority regarding Sharia Supervision of regulations and other government systems and regulations? It seems that the decision-making and determining body regarding Shari'a Supervision of by-laws and other government systems

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Journal: 

Islamic Economics

Issue Info: 
  • Year: 

    2024
  • Volume: 

    24
  • Issue: 

    94
  • Pages: 

    79-114
Measures: 
  • Citations: 

    0
  • Views: 

    21
  • Downloads: 

    0
Abstract: 

Islamic financial institutions, due to the nature of their activities, which is adherence to Sharia principles, are constantly exposed to Sharia risk. One of the measures leading to the management of this risk in these institutions is Sharia Supervision. According to the definition provided by the Accounting and Auditing Organization for Islamic Financial Institutions (AAOIFI), Sharia Supervision encompasses all precautionary and oversight measures aimed at ensuring the conformity of the activities of Islamic banks or financial institutions with the principles and laws of Islamic Sharia. In essence, the ultimate goal of this Supervision is to achieve actions, activities, measures, principles, and methods that can minimize Sharia risk in these institutions. This research seeks to extract important components in designing a model of Sharia Supervision in the capital market based on relevant international standards related to Sharia Supervision provided by The Accounting and Auditing Organization for Islamic Financial Institutions (AAOIFI) and The Islamic Financial Services Board (IFSB). In this research, all standards presented by these entities were first reviewed. Then, the relevant standards were extracted and analyzed using the thematic analysis method. In the next step, the extracted set of codes was reviewed and finalized in three stages. The comprehensive themes or important components in designing a model of Sharia Supervision in the capital market include: Sharia supervisory board, implementation of Sharia Supervision, independence of Sharia supervisory board, governance principles, codes of ethics for employees, audit and governance committee, internal Sharia Supervision, codes of ethics for accountants and auditors, and implementation and disclosure of social responsibility.

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Issue Info: 
  • Year: 

    2012
  • Volume: 

    4
  • Issue: 

    2 (8)
  • Pages: 

    53-91
Measures: 
  • Citations: 

    0
  • Views: 

    727
  • Downloads: 

    0
Abstract: 

By comparing the experience of Sharia Supervision in different countries, this paper tries to analyze their similarities and dissimilarities. In addition, after reexamining the interest-free banking system in Iran, it tries to provide a short-run, middle-run and long-run plan for the application of the Sharia Supervision in Iranian Islamic banking system. Finally, the merits and demerits of the establishment of the Sharia Supervision in Iranian banks are highlighted and solutions for probable challenges are provided. The results show that the Sharia Supervision is possible and can help the Iranian Islamic banks and financial institutions to strengthen the accordance of their activity with Islamic rules and principals. In addition, the establishment of Sharia Supervision in banks can be considered as part of the banking system evolution plan which is to be put in action in near future.

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Issue Info: 
  • Year: 

    2019
  • Volume: 

    12
  • Issue: 

    47
  • Pages: 

    154-181
Measures: 
  • Citations: 

    0
  • Views: 

    351
  • Downloads: 

    0
Abstract: 

One of the necessary components for confidence of adaptation financial, banking and insurance actions with Shariah at different countries is Shariah Supervision. According to IFSB definition, “ Shariah Governance System” , despite being commonly used within the IFSI to refer to structures and processes adopted by stakeholders in the IFSI to ensure compliance with Shariah rules and principles, has not been properly defined in any of the existing standards. At this research meanwhile definition of Shariah Supervision and survey Supervision at Ahl-Albeit's life(Sireh), is mentioned specially experience of Islamic countries. This research will count parameters of Shariah Supervision at capital market based on international Supervision and Shariah governance standards. At this research with Thematic Analysis Approach, meanwhile survey and analysis of IFSB and AAOIFI standards, is counted basic parameters of promotion of Shariah Supervision at capital market. Ones of research's result based on Thematic Analysis, are committee Shariah's responsibilities, structure and quiddity of committee Shariah, system of Shariah Supervision, Shariah Supervision report and Islamic financial institution's role that are considered five inclusive parameters at optimal Shariah Supervision.

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Journal: 

Administrative Law

Issue Info: 
  • Year: 

    2024
  • Volume: 

    11
  • Issue: 

    37
  • Pages: 

    155-171
Measures: 
  • Citations: 

    0
  • Views: 

    28
  • Downloads: 

    6
Abstract: 

Article number four of the constitution, which has dominance above other principles of the constitution, is the most important means of Shariah Supervision of the Guardian Council over "regulations", the mechanism of which is explained in the law of formations and the procedure of the court of administrative justice. By studying the opinions of the Guardian Council, this article analyzes the procedure of the Court, among approximately 1,300 petitions, where more than 200 of which have been declared by the Jurisprudence of the Guardian Council to be inconsistent with Shariah. The question that can be raised is whether the court's procedure has been able to give effect outcome to all the Shariah opinions of the council. The current procedure of the Court's proceedings shows that in some cases, the Court has not been able to apply the opinions of the jurists of the mentioned council. Also, a critical question can be asked, what are the shortcomings of the Guardian Council in guaranteeing Shariah Supervision of government regulations? It should be noted that despite the existence of research on the limits of the jurisdiction of the Administrative Court of Justice, no independent research has been conducted on this issue. In this article, choosing a descriptive-analytical method, we analyze the propositions and existing mechanisms for applying this Supervision. Also, suggestions are made to create a clear procedure for applying Shariah opinions of the Council to cancel the approvals against the Shariah and reduce the approval of such enactments.

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