Jornal of Eslamic Human Rights

Examining the concepts of freedom and power in the human rights discourse of the Islamic Republic of Iran and its challenges

hossian rahmanitirkalai

Volume 12, Issue 4 , May 2024, , Pages 107-120

Abstract

  In today's age, when human rights are applied in the context of being a citizen, and the same citizen is under control and imperceptible surveillance in all aspects of life, and at ...  Read More In today's age, when human rights are applied in the context of being a citizen, and the same citizen is under control and imperceptible surveillance in all aspects of life, and at the same time, he is in danger of suspension of the title of citizenship and direct violence of the ruler and the law. Minimum human support under the title of human rights system is denied to millions of refugees and displaced people who have no place in the territory of the nation-state. It is in such a world that the first step to confront and resist the pressure of life is to be aware of the situation that all We are in it. The concept of freedom in the discourse of human rights, which is itself within the political discourse of the nation-state, as its essence and central signifier in opposition to the institution of the nation-state, has the same contradiction as in the theories of the social contract. By raising the question of what is the position of the concepts of freedom and power in the human rights discourse of the Islamic Republic of Iran, while explaining and exploring the nature of human rights and the foundations of the formation of this discourse, it is of the opinion that human rights have been a political matter until now and if To be able to assign a role to this discourse beyond its political nature, that is,

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Explaining the role of governments in developing domestic laws regarding dual citizenship from the perspective of human rights

Elha,m teimouri salmasi; Nasser Ali Mansourian; seyed ghasem zamani; vahid aghah

Volume 12, Issue 3 , November 2023, , Pages 49-73

Abstract

  In Iran's legal system, citizenship is an inalienable right of every Iranian in Article 41 of the Constitution, provided by the legislator. In international human rights documents, ...  Read More In Iran's legal system, citizenship is an inalienable right of every Iranian in Article 41 of the Constitution, provided by the legislator. In international human rights documents, including the 1948 Universal Declaration of Human Rights, the right to citizenship for an individual and the possibility of changing this right by its owner have been emphasized. Iran's citizenship rules and human rights documents provide guarantees to prevent statelessness and deprivation of citizenship by the government. In these two systems, dual citizenship is not recognized. Nevertheless, Iran's citizenship rules need serious reforms to avoid statelessness and reduce cases of double citizenship. In the international scene, considering the problems that statelessness and dual citizenship bring in the domestic and international system, and paying attention to the lack of international organizations and very effective international documents, in order to prevent, eliminate and reduce these two phenomena, countries should amend laws and regulations. their internal affairs and the conclusion of bilateral and multilateral (international) agreements seriously to resolve these two big problems and make a serious and double effort.

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Manifesting the rule of law as a means of guaranteeing human rights in the principles of the Constitution of the Islamic Republic of Iran

Khodadad Bahiraei; hossein monavari; ali Faghih.habibi

Volume 12, Issue 2 , September 2023, , Pages 7-28

Abstract

  The principle of "rule of law" has several roles in public law. It has the role of principles, goals and tools of democracy and human rights. The rule of law as a tool for creating ...  Read More The principle of "rule of law" has several roles in public law. It has the role of principles, goals and tools of democracy and human rights. The rule of law as a tool for creating and guaranteeing human rights, with the predictability of the future of the citizen and imposing restrictions on the government, is in a position where the concept of freedom and human rights is impossible without the rule of law. Anti-authoritarianism is one of the many principles of the Constitution of the Islamic Republic of Iran, especially in the third chapter for human rights, which does not have a means of guaranteeing it in a centralized way. But it is possible to find a way to guarantee tools based on the rule of law that are scattered in its principles. This article analyzes the role of the rule of law and the guarantee of its implementation in guaranteeing and realizing human rights and fundamental freedoms in an analytical and descriptive manner by counting the cases mentioned in the constitution.In this research, it is clear that the principle of the rule of law, and its requirements (the principle of incompetence, accountability...) has limited the ruler's behavior and performance by guaranteeing implementation, and human rights can be realized by making the future of citizens predictable. The goals and principles of the constitution have provided the goal of this sovereignty, but the existence of some interpretable words and practical procedures can create challenges in this article.

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Assessing the Scope of Human Rights Documents Against Terrorist Crimes

Peyman Namamian; Alireza Shakarbaigi

Volume 12, Issue 2 , September 2023, , Pages 87-108

Abstract

  Terrorist crimes are a phenomenon that is the product of various causes, which at the same time is considered the cause of the formation of various situations. From the point of view ...  Read More Terrorist crimes are a phenomenon that is the product of various causes, which at the same time is considered the cause of the formation of various situations. From the point of view of the relationship between terrorism and human rights, this phenomenon is the result of the violation of human rights and the lack of conditions for lasting peace. Therefore, it targets respected norms in the world (such as compliance with human rights standards, rule of law, democracy, and international peace and security). In this way, the international community adopted several documents to counter and suppress terrorism by adopting active and reactive policies; But the thing to think about is that unfortunately, the aforementioned documents could not meet the expectations of the international community in the fight against and suppression of terrorism due to the lack of necessary and effective executive guarantees in terms of lack of acceptance and global consensus. Therefore, the violation of the basic and fundamental rights of nations through terror, including gross violations of the right to life, requires that international human rights organizations, while taking serious and preventive measures and effectively dealing with terrorist crimes in all its dimensions, ultimately play a significant role in strengthening international peace and security in the world.

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Investigating the human rights capacities of the Constitution of the Islamic Republic of Iran

AbbasAli Talebi

Volume 12, Issue 2 , September 2023, , Pages 109-132

Abstract

  In 2003, the Human Rights Council, in line with the creation of mechanisms and the implementation mechanism of the provisions of human rights, defined the focal point of the legitimacy ...  Read More In 2003, the Human Rights Council, in line with the creation of mechanisms and the implementation mechanism of the provisions of human rights, defined the focal point of the legitimacy of governments not in establishing norms or strengthening the supervisory system, but rather in the ability of governments to create or extract constitutional capacitiesUsing the descriptive and analytical method, this article raised the question of what capacities the constitution has in the field of human rights. In response to this hypothesis, it was proposed that one of the priorities of the political system that emerged from the revolution was to respond to the need for justice and legal equality within the framework of the constitution, and that the constitution, as a legal document, protects the various rights of the nation with respect to human dignity. It has recognized and formulated limits for the unlimited power of the government to defend the rights of individuals. The findings show that first of all, the constitution of a series of privileges is specified and guaranteed based on the nature of human beings regardless of any restrictions. Temporarily defended. Secondly, the constitution not only recognized the protection of the rights of minorities, women, and the legitimate freedom of individuals, but also by maintaining Islamic standards and religious vision, institutions such the Guardian Council, the 90th Principle Commission, the Inspection Organization and the Court of Administrative Justice It has been established as a means of protecting freedom in the constitution

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The Impact of the Sanctions on Violations of Governments' Human Rights Obligations in the Age of Global Epidemics

Mohammad Mazhari; Nasim Soleymani nezhad

Volume 12, Issue 1 , May 2023, , Pages 31-48

Abstract

  Human rights are one of the most fundamental rights that every individual enjoys inherently and simply as a human being. In contrast, sanctions, as levers of pressure on governments, ...  Read More Human rights are one of the most fundamental rights that every individual enjoys inherently and simply as a human being. In contrast, sanctions, as levers of pressure on governments, mainly for various political purposes, directly and indirectly, have many adverse effects on the rights of the citizens of the sanctioned states and overshadow the different dimensions of human rights. Doubts that have always existed about the legality of sanctions are growing in the face of an epidemic, which requires effective treatment in all countries. Therefore, the main question of this research is that in terms of international documents in the field of human rights and health rights, can the sanctions during the global epidemic be considered legitimate? The present study aims to explain the legitimacy of sanctions for violating these obligations of governments by descriptive-analytical method while examining the human rights obligations of governments in the face of epidemics. The results of this study show that if the sanctions violate governments' commitment to international cooperation, respect for human rights, and international health law, they have no legitimacy, and the Security Council or sanctions-imposing governments will be held accountable for violating their obligations.

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Analysis of comparative study and Islamic law with emphasis on human rights in Iran

amir ali ketabi; hadis bagherinia; محمدباقر مکرمی پور

Volume 12, Issue 1 , May 2023, , Pages 85-108

Abstract

  Respecting the rights of minorities and prohibiting discrimination against them is considered to be one of the important issues that has recently received more attention and support ...  Read More Respecting the rights of minorities and prohibiting discrimination against them is considered to be one of the important issues that has recently received more attention and support from international institutions. Although in the past century, hostile and violent encounters with minorities have been varied, but at the same time, measures have been taken to respect the rights of minorities and ensure the peaceful coexistence of different ethnicities and groups. In this regard, the aim of the upcoming research is to examine the differences between Islamic and Western human rights, emphasizing the rights of minorities. Therefore, the question of the present article is, what rights and freedoms do minorities have in the Islamic human rights and human rights in the West? The method used in this research is analytical-adaptive and the method of collecting materials is library. The findings of the research are that in western countries, despite the adoption of protective laws regarding the rights of different minorities, the governments have acted very tactfully against these minorities and there are many cases of violations of the rights of minorities and women's visas, but Legal rights for religious minorities have been carefully considered in the Constitution of Iran, and from all these laws, it can be seen that Iran's minorities, despite their small population, have adequate opportunities compared to the minorities living in other countries.

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Critical recognition of the opinions of modern religious thinkers in the Islamic Republic of Iran Regarding the category of human rights

ali darabi

Volume 11, Issue 4 , March 2023, , Pages 25-49

Abstract

  Human rights or fundamental human rights are among the new categories, which have received the attention and welcome of various nations, cultures and religions with the adoption of ...  Read More Human rights or fundamental human rights are among the new categories, which have received the attention and welcome of various nations, cultures and religions with the adoption of the Universal Declaration of Human Rights. In Iran, with the view of Shiite Islam, various views have been formed, among which, the view of modern religious thinkers such as Mehdi Bazargan, Abdul Karim Soroush and Mujtahad Shabestri can be criticized and analyzed due to their specificity. In this regard, this article, using the approach of critical analysis, aims to answer the following two questions: First, what is the relationship between intellectuals in the field of modern religious thought and the idea of human rights? In other words, what is the importance and status of human rights for this group of religious intellectuals? And secondly, what is the interpretation of the concepts of human rights by the intellectuals of modern religious thought and how do they use them in the Islamic Republic of Iran? The results and findings indicate that the intellectuals of modern religious thinking, due to their modernist view of human rights, without addressing all the angles of "the relationship between Islam and human rights" or "determining the task of human rights from the point of view of Islam", by criticizing Islamic human rights and interpretations Deviating from it, they believe that Muslims should accept Western-style human rights; Because according to them, it is more real, more practical and has a global scope.

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A comparative study of the concept of justice in Islam and contemporary human rights thought

meisam norouzi; Reyhaneh Zandi; Mehdi Eskandari Khoahgu

Volume 11, Issue 4 , March 2023, , Pages 101-124

Abstract

  In order to survive, mankind must live and cooperate with each other in communities. This need and capacity for cooperation creates questions about how to organize the relations of ...  Read More In order to survive, mankind must live and cooperate with each other in communities. This need and capacity for cooperation creates questions about how to organize the relations of society members."Justice" as one of the most fundamental concepts in the Islamic school of thought and current human rights plays a decisive role in this field. Religion has always played a powerful role in shaping the ideas of social justice, repression and liberation, which can be used as two sides of the same coin, both as a means of abuse and to promote social justice as a moral obligation. This article aims to present a general map of the methods of understanding justice in the field of Islam and modern human rights by using the descriptive-analytical method and library and internet resources. An issue that has become one of the important challenges between Islamic law and contemporary human rights is the differences that result from the concept of justice in the interpretation of Islam and human rights. The results of this research show that monotheistic religions, especially Islam, have contributed significantly to the development of more just and humane societies than any other thought. Therefore, it seems that trying to inspire human rights documents from Islamic teachings is not far-fetched. If human rights thinkers find the complete model of human rights in the writings of Islamic thinkers, away from any unilateralism, the seeds of developing human rights, more developed and humane than in the past, will gradually begin to grow.

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Analyzing economic sanctions from international law perspective: with emphasis on human rights instruments

hosein alaee; reza zarei

Volume 11, Issue 3 , December 2022, , Pages 75-96

Abstract

  Following the ban on the principle of non-use of force, governments turned their attention to sanctions - economic coercive measures - as the main means of achieving their foreign policy ...  Read More Following the ban on the principle of non-use of force, governments turned their attention to sanctions - economic coercive measures - as the main means of achieving their foreign policy goals. The desirability of the use of unilateral sanctions by countries now stems from the idea that it is a middle ground between diplomacy and the use of force, and is also a simple and peaceful tool for changing the behavior of governments The method of this research is descriptive and analytical and the method of collecting library and documentary information. The purpose of this research is to investigate economic sanctions with emphasis on its legitimacy from the aspect of human rights. The question is, what is the status of unilateral economic sanctions in terms of human rights documents? According to the investigations of this research, its findings show: (1) Unilateral sanctions are a violation of treaty, customary international law, as well as a violation of the rule of ius cogens. (2) Although in some cases the doctrine of international law in retaliation is invoked for the legitimacy of unilateral sanctions, these sanctions cannot be considered reciprocal action under the theory of international responsibility of the state. It must therefore be argued that unilateral sanctions are completely contrary to international law especially the fundamental documents of human rights.

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The impact of American policies on The situation of human rights in the Middle East (2001-2023)

hadimorad piri; ehsan jafari far; Mohammad Sadegh Jalali Rad

Volume 11, Issue 3 , December 2022, , Pages 97-120

Abstract

  America considers itself the defender of human rights and has justified its interventionist policies of the last few decades with titles such as the protection of human rights in the ...  Read More America considers itself the defender of human rights and has justified its interventionist policies of the last few decades with titles such as the protection of human rights in the Middle East region. However, it seems that these interventionist policies in the Middle East region cannot be justified only by the Western narrative and the use of extensive propaganda to defend the correct interventionist actions because there are truths related to human rights violations in the Middle East by America that are not often said; Therefore, the need for a detailed examination and analysis of this category caused the present research to try to analyze the human rights situation in the Middle East in the light of American interventionist policies in the Middle East region from 2001 onwards with a more detailed analysis. The research is descriptive-analytical and collected with library documents.The research studies finally showed that the US interventionist policies have led to the strengthening of human rights violations in the Middle East. The findings indicate that the actions of the United States have resulted in many cases of human rights violations in the shadow of the spread of insecurity in the Middle East region, the flow of weapons, the deaths and displacement of millions of people, and the support of crimes against human rights by regional allies.

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Human rights in the discourse of the doctrine of Mahdism

Seyed Mohammad Reza Mir Saneh; Seyed Bagher Mirabbasi; Maryam Moradi; Taha mousavi mirkalaei

Volume 11, Issue 1 , September 2022

Abstract

  The purpose of this article is to examine human rights in the discourse of the Mahdism doctrine. The research method is descriptive-analytical and using library resources. In response ...  Read More The purpose of this article is to examine human rights in the discourse of the Mahdism doctrine. The research method is descriptive-analytical and using library resources. In response to the main question, what is the place of human rights in the discourse of the doctrine of Mahdism? It can be argued that the doctrine of Mahdism places more emphasis on the value or acquired dignity of human beings, but the Universal Declaration of Human Rights avoids acknowledging the inherent dignity of dignity in order to avoid conflict with the views of secular countries. Belief in the realization of rights such as equality, justice, security, and prosperity has led to the universality, excitement, and idealism of Mahdism as proclaimed by the UN General Assembly in 30 articles of the Universal Declaration of Human Rights in pursuit of the common goal of promoting human rights and freedoms. . Finally, in the age of advent, no one is excluded from the scope of "human rights" and belief in the Mahdi (pbuh) is not only an indication of an Islamic belief, with a specific religious color, but the desire of all human beings with different religions in the form of natural inspiration.

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The tools of the Islamic Republic of Iran to deal with international cases of human rights violations

mohammadreza bagherzadeh

Volume 11, Issue 1 , September 2022

Abstract

  A look at recent events in the region and the world reveals several of these. Gross human rights violations in occupied Palestine, Zionist aggression in Lebanon, ISIS crimes in Syria ...  Read More A look at recent events in the region and the world reveals several of these. Gross human rights violations in occupied Palestine, Zionist aggression in Lebanon, ISIS crimes in Syria and Iraq, Saudi aggression in Yemen, mass executions in Saudi Arabia, inhumane incidents in Bahrain, violations of basic black rights in the United States, terrorist acts by the government The United States against the Islamic Republic of Iran, from economic sanctions to the assassination of the commander of the Quds Force and other assassinations by the United States and the occupying regime in Quds, are all part of many inhumane acts that occur in the world and dealing with such cases requires identifying all legal It is political and all the tools that international law provides to countries and unfortunately they are less used. These tools include cultural and propaganda tools, negotiation and diplomacy tools, non-recognition of the status quo of violations, severance of diplomatic relations, use of regional legal arrangements, legitimate individual and collective defense, UN capacities, including the Security Council. And the General Assembly and the Human Rights Council, international judicial measures, instruments of economic pressure, direct military action, convergence and synergy with allied governments and the formation of unions and coalitions and regional intervention organizations based on the consent and request and humanitarian intervention Is that the Islamic Republic of Iran can use and cite for the realization of human rights.

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Comparative study of moral foundations governing Islamic and Western human rights

hossian rahmanitirkalai

Volume 11, Issue 1 , September 2022, , Pages 115-133

Abstract

  Man's behavior is subject to the moral foundations within him. Accordingly, every material and spiritual phenomenon on this scale must be analyzed and evaluated. Today, with the increasing ...  Read More Man's behavior is subject to the moral foundations within him. Accordingly, every material and spiritual phenomenon on this scale must be analyzed and evaluated. Today, with the increasing growth of the field of law in different societies, we are witnessing small and large differences in Islamic and Western human rights, which studies show that due to differences in the moral foundations that govern them, the legal products of these two schools. It is different. The West, through the media, has always targeted Islamic law and considered it contrary to human ethics, while the study of the moral foundations governing Islamic and Western human rights shows the opposite. It seeks to study these moral foundations in a descriptive-analytical way and has finally come to the conclusion that Western human rights in various moral fields provide material interpretations of man and existence and give man an exclusive place in creation and others. Existing rights in the universe, including other creatures and semantic aspects of creation, including religion, the hereafter, etc., under the control and will of man, unlike Islamic human rights, which subject human rights to attention and a true view of man and the universe. Has explained.

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Review of International Sanctions and Human Rights Standards (with Emphasis on Multilateral Sanctions against Iran)

Mohammad Raajabi

Volume 11, Issue 1 , September 2022

Abstract

  Sanctions, for whatever purpose they are used, may violate human rights and severely affect the right to development, the right to life, and political rights and freedoms. By asking ...  Read More Sanctions, for whatever purpose they are used, may violate human rights and severely affect the right to development, the right to life, and political rights and freedoms. By asking the question, "What effect do international sanctions have on human rights standards - with an emphasis on multilateral sanctions against the Islamic Republic of Iran?", this research has come to the conclusion that the sanctions imposed on Iran have many direct and indirect negative effects on Iranian citizens, it is contrary to the general and universal principles and values ​​of human rights. The aforementioned effects on economic rights from the second generation and the development of human rights from the third generation have been measured in this research. Based on this, practical sanctions have negative effects on the main indicators and assumptions of economic security. In addition, it has negative effects in other fields as well. In this research, the effects related to economic rights and development have been investigated.

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A comparative study of human rights in the doctrines of conservatism and traditionalism

Mohammad Karimi Parviz; Ali Shir khani; Ali Mohseni Moshtaghin

Volume 11, Issue 2 , September 2022

Abstract

  Human rights is a concept that is as old as mankind itself and has been developed in a historical and gradual process and transition in different eras, but the meaning of the term human ...  Read More Human rights is a concept that is as old as mankind itself and has been developed in a historical and gradual process and transition in different eras, but the meaning of the term human rights does not have an ancient history even in the tradition and thought of Western rights, which is called the origin of modern human rights. And until the French Revolution, wherever there was talk of human dignity, equality and justice, it was mentioned under the title of natural rights. Therefore, human rights are the result of a new attitude towards man and the world. This new attitude has led to different reactions; Some people evaluated this view as a way to liberate and progress human beings; and sought to consolidate its foundations. On the other hand, some described this view as the result of human deviation from the natural path of history, denied it and tried to preserve the values and traditions of the past. The representative of conservatism is Edmund Burke and the representative of traditionalism is Nasr.Traditionalists are among the most important critics of human rights. Their concern is to preserve the traditions and values that the modern world has risen to face. in all ages and centuries; These traditions have been honored and passed down from one generation to another, but in the new era, this process has undergone change and transformation.

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An examination of Jonathan Wolff's "theory of positive discrimination" in his critique of the feminism and its relationship with human rights

Sareh Larijani; ahmad karimi

Volume 11, Issue 2 , September 2022

Abstract

  One of the most important philosophical and political issues in the current decades is women’s rights, freedom, and gender equality, which has led to the emergence of various ...  Read More One of the most important philosophical and political issues in the current decades is women’s rights, freedom, and gender equality, which has led to the emergence of various philosophical, political and social movements known as feminism. In this article, we examine and evaluate the views of a contemporary philosopher named Jonathan Wolf. In a discussion entitled "Individualism, Justice, and Feminism," Jonathan Wolff examines women’s rights and the views of some feminists on the concept of justice and its relationship to women’s rights. Criticizing feminists, Wolff seeks to provide an effective solution to women’s problems in various socio-political spheres by explaining the theory of "positive discrimination." This descriptive-analytical study aims to answer a key question: Will Wolff’s theory of positive discrimination solve women’s problems? In other words, this article examines Wolf’s theory - which is very much based on Rawls individualism and liberalism - and his critiques of feminists and attempts to evaluate his views. The results showed that the theory of positive discrimination that Wolff chose to defend the rights of women, often created other problems and the reason was the lack of attention to the innate nature (fitrah) of men and women and the natural status of the family.

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Estimating the effect of US sanctions against the Islamic Republic of Iran from the perspective of human rights: the study of the right to development

Abdul Karim shaheydar; farzaneh dashti

Volume 11, Issue 2 , September 2022

Abstract

  The United States of America has always imposed many sanctions on the Islamic Republic of Iran after the revolution. These sanctions, with whatever goals they have, cause a clear violation ...  Read More The United States of America has always imposed many sanctions on the Islamic Republic of Iran after the revolution. These sanctions, with whatever goals they have, cause a clear violation of the basic values and principles of human rights and directly and indirectly violate the right to life, the right to work, the right to education, the right to development, etc. They strongly affect. The research method is a descriptive-analytical method and the method of collecting information is library and document type. In this research, the unilateral sanctions of the United States of America against the Islamic Republic of Iran will be examined with the aim of understanding their role in the violation of the right to development. Based on this, the question arises that "what effect has the sanctions of the United States of America against the Islamic Republic of Iran had on the right to development in Iran?" According to the investigations of this research, its findings show that the sanctions of the United States of America, while directly targeting the Iranian people, have severely violated their fundamental rights, including the right to development in Iran.

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Universal human rights in Islam and its comparison and application with Western human rights from the perspective of Allameh Jafari

amirali ketabi; azim ezadi lo

Volume 10, Issue 4 , March 2022, , Pages 33-53

Abstract

  Although the origins of the idea of ​​universal human rights can be traced back to the teachings of monotheistic religions and the ideas of natural rights philosophers, including ...  Read More Although the origins of the idea of ​​universal human rights can be traced back to the teachings of monotheistic religions and the ideas of natural rights philosophers, including Stoic philosophers, it was not until the twentieth century that the UN Universal Declaration of Human Rights (1948) was adopted. From human rights to a dominant discourse and a sensitive issue among philosophers and legal and political experts, it was discussed from different angles. The fact is that in the drafting and approval of the Universal Declaration of Human Rights, unfortunately, its religious and doctrinal aspects were not addressed. Thus, with the domination of liberal and secular thinking, the declaration became non-religious and non-religious. On the other hand, Muslim countries, which at that time were predominantly colonial, were not involved in the process of drafting and ratifying the Universal Declaration of Human Rights. Thus, since 1948, when the Universal Declaration of Human Rights was adopted, it has been severely criticized and opposed by religious scholars and the intellectual and political elites of Islamic societies. The present article, written in a descriptive and analytical manner, deals with the views of Allameh Mohammad Taghi Jafari on Islamic human rights and compares it with the human rights of the West.

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A comparative study of the Human Rights Situation in Iran and Saudi Arabia

AbbasAli Talebi; Habibollah Abolhassan Shirazi

Volume 10, Issue 4 , March 2022, , Pages 109-141

Abstract

  The pervasive Violation of human rights around the world by various governments is one of the major issues of concern to the international community. Since the Declaration of Human ...  Read More The pervasive Violation of human rights around the world by various governments is one of the major issues of concern to the international community. Since the Declaration of Human Rights is modeled on respect for human dignity and respect for civil rights, this article focus, on the human rights situation and its impact in Saudi Arabia and Iran, and seeks to explore the question of the human rights situation. How is it described in these two Islamic countries? In response to this question, it is hypothesized that the relationship between human rights and the sovereignty of government (Iran and Saudi Arabia) has been more legal over the past few decided and a set international obligation and oversight mechanisms in the field of the human rights, had led the compact of sovereignty to a newer and more flexibly definition. The results show that in practice, both countries have behaved more flexibly than in the past and in accordance with the international norms, using a descriptive-analytical approach, this article states that Saudi Arabia in order to maintain its sovereignty, inevitably meets human rights requirements such as the reform of women’s rights and minority rights, and cooperates with a wide range of international actors, and human rights have clear advantage and more defensible and acceptable record than Saudi Arabia.

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A Comparative Study of the Normative and Discourse Conflicts of the Islamic Human Rights System with the European Human Rights System

mohammad mahmoodikia

Volume 10, Issue 4 , March 2022, , Pages 143-163

Abstract

  With the end of World War II and the considerable amount of human suffering left, human rights became one of the most important common norms of the contemporary international system, ...  Read More With the end of World War II and the considerable amount of human suffering left, human rights became one of the most important common norms of the contemporary international system, and all international actors sought to establish institutions at the regional level in addition to creating common global norms. Through it, they can also legislate to uphold local human rights norms. In the meantime, European countries, in the form of their fledgling institutionalisms, sought to institutionalize them extensively and chose human rights as the cornerstone of their foreign policy. The Islamic world, in the form of the Organization of Islamic Cooperation, has established the normative system of Islamic human rights.However, due to differences in epistemological and ontological foundations in the formulation of these human rights systems, we are witnessing normative conflicts between the West and the Islamic world, and the West is trying to use human rights as a tool to put pressure on Islamic countries.This study seeks to investigate the commonalities and differences in Islamic and European normative systems by using a comparative method. Accordingly, in addition to enumerating the human rights norms emphasized by the parties, the researcher examines the shaping causes of these conflicts. Finally, it offers solutions to the human rights challenge

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Interaction of the Islamic Republic of Iran with the international human rights system in the field of child rights in the framework of Islamic jurisprudence

mohammad ganjkhanloo

Volume 10, Issue 3 , January 2022, , Pages 175-197

Abstract

  The issue of human rights has been recognized by the international community, with the support of the United Nations and the Security Council, as a universally accepted principle. By ...  Read More The issue of human rights has been recognized by the international community, with the support of the United Nations and the Security Council, as a universally accepted principle. By accepting and confirming its membership in the United Nations, a country is bound by all the requirements of its presence, and from then on, all its behavior and speech are measured by formal international treaties. Any violation of it means violation of the rights of others and non-compliance with national law, and leads to international reactions (from sanctions to military punishment). However, the compatibility and incompatibility of domestic laws with some global laws, such as issues related to children's rights, is inevitable and natural, which we will address in this study. Accordingly, the main question raised in this study is to what extent the laws of the Islamic Republic of Iran are consistent with the international human rights system in the field of children's rights? The hypothesis raised for the main question of this study indicates that despite the challenges of the laws of the Islamic Republic of Iran with the international human rights system, the dynamics of Shiite jurisprudence has wide scope in accordance with international human rights. In general, this study has been compiled to study the interaction of the Islamic Republic of Iran with the global human rights system with emphasis on the rights of the child in the framework of Islamic jurisprudence.

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Ensuring and implementing women's right to employment in the light of the development and expansion of artificial intelligence

anahita seifi; najmeh razmkhah

Volume 10, Issue 2 , September 2021, , Pages 153-180

Abstract

  Despite the benefits of artificial intelligence, its adverse effects on the employment of the vulnerable and poor people of society , especially women, can not be ignored. In fact, ...  Read More Despite the benefits of artificial intelligence, its adverse effects on the employment of the vulnerable and poor people of society , especially women, can not be ignored. In fact, the possibility of gender bias and discriminatory behaviors can be increased and intensified by resorting to artificial intelligence. Therefore, considering the direct relationship between access to a suitable job and other basic human rights such as the right to health and the enjoyment of social welfare، is necessary to pay attention to the cases of violation of the right to work and provide appropriate solutions in this regard. Therefore, one of the main objectives of this article is to examine the gender biases of artificial intelligence and its impact on the employment of women. In fact, the main question is about the effects of artificial intelligence on women's right to work. Artificial intelligence can reduce job opportunities by eliminating job opportunities and replacing the workforce.This situation can harm women's right to work. On the other hand, the number of women active in the field of information technology and artificial intelligence is very small compared to men, an issue that leads to an increase in the gender gap in this area.

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A Study of Violent Measures in the Lod Case (2021) from the Perspective of Human Law

Hasti Koosha; AhmadReza SolemanZadeh; Hossein RostamZadeh

Volume 10, Issue 2 , September 2021, , Pages 203-224

Abstract

  Introduction: As in previous years, in the last century, in 2021, a new wave of conflict broke out between Israel and the Palestinians, in which, in an unprecedented move, the Arabs ...  Read More Introduction: As in previous years, in the last century, in 2021, a new wave of conflict broke out between Israel and the Palestinians, in which, in an unprecedented move, the Arabs living in the occupied territories clashed with Israeli forces for the first time.Methods: This descriptive-analytical study was conducted for the purpose of legal investigation of violent acts in the riots of Lod city.Discussion: The beginning of the conflict began with the expulsion of some Arabs from East Jerusalem and this action was in line with the policy of Arab cleansing of Palestine, which is considered against human principles and according to the rules of international law and the Universal Declaration of Human Rights, Israel Unfortunately, this did not happen. Palestinian groups have used their own facilities to confront Israel, and given the principle of the occupation of Palestine, legitimate defense by resistance groups is permissible.Conclusion: According to the principles of international law as well as the laws passed by the Zionists, the

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the position of non Ahl al-Ketab in the constitution of the Islamic Republic with a look at its religious principles

kheyrollah Parvin; hamed Aali; Mohammad Shafaghi

Volume 10, Issue 1 , July 2021, , Pages 63-90

Abstract

  One of the most important issues in our society is the issue of non-Muslim rights. After the Islamic Revolution and the drafting of a new constitution based on Islam, this issue became ...  Read More One of the most important issues in our society is the issue of non-Muslim rights. After the Islamic Revolution and the drafting of a new constitution based on Islam, this issue became more important and was discussed in various ways . This research uses descriptive-analytical method and relying on reliable library sources to answer the question that according to Article Fourteen of the Constitution, which is the most relevant principle to them, and also according to other general principles of the Constitution, what rights do non Ahl al-Ketab have? And which religious principles affirm the legitimacy of these rights? The hypothesis of the research is that they enjoy the citizenship rights mentioned in Chapter 3 and the government and Muslims are obliged to treat them with Islamic installments and justice. On the other hand, by explaining the views of jurists, according to the basic principle of permissibility of anything unless proven otherwise, and considering the verses and traditions of the infallibles in this regard and the importance of Islam to the inherent dignity of man along with the principle of writing hearts, non Ahl al-Ketab They will enjoy human rights in the Islamic society as long as they do not go to war with the Muslims and do not commit sedition and corruption.

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