The Right to Immigrant Citizenship in Jurisprudence and Law
saied mohammad
hosseini
Al-Mustafa International University
author
mohamad mahdi
karimi nia
a
author
text
article
2019
per
Nationality is considered to be one the most important manifestations of civil,political and cultural rights. In the most optimistic scenario, a migrant enjoys theleast recognized right. What is the nationality of an immigrant according to thejuridical teachings of the Ahlulbayt and Iranian and Afghan laws? Based on thejuristic teachings of Ahlulbayt, there is no difference between an immigrant and anon-immigrant since both of them come from the nation of Islam, and a faithorientednationality or citizenship, therefore, would suffice. As per the Iranian andAfghan laws, the 'national' citizenship precedes faith-oriented nationality. This studyaims to examine and explain the right to the nationality of an immigrant according tojurisprudence and statutory law. The findings are as follows: 1) Faith-orientednationality would be sufficient according to Ahlulbayt to enjoy privileges and rights.2) The statutory laws of the two countries give precedence to national citizenship < br />over faith-oriented nationality. 3) Both countries have accepted the right of animmigrant to nationality but they have legislated rules which make it impossible forimmigrants to attain their rights comparison to Iranian laws.
Jornal of Eslamic Human Rights
ناشر: سازمان بسیج اساتید دانشگاهها و مراکز علمی ، پژوهشی و آموزشی کشور
2322-5637
8
v.
2
no.
2019
9
32
https://www.pfbaj.ir/article_122357_001511eff357bd23c226eb49ec30729a.pdf
dx.doi.org/DOR:20.1001.1.23225637.1398.8.2.1.9
Human Rights Challenges of Chinese State’s Interactions with Xinjiang Muslims
hassan
khosravi
Associate Professor of Public Law Department, Payame Noor University, Tehran, Iran
author
text
article
2019
per
The rights of religious minorities are also one of the main challenges in the discourseof global and national human rights, and countries are committed to respecting theirrights under the Constitution and international human rights instruments. One of themost important minorities in China is the Muslims of the Xinjiang UyghurAutonomous Region, who have returned to their past tensions with the centralgovernment in recent years. In this regard, the state, in the framework of the globalprogram against terrorism and extremism, by creating ideological and politicalretraining camps, took action and restricted the religious and cultural freedoms ofMuslims in this region and subsequently the national and human rights institutionsreacted to China's actions in the form of two approaches: supportive (compatiblewith human rights) and critical (human rights violations). The main purpose of thisstudy is to investigate this challenge with a descriptive-analytical approach. Theresults of the study show that despite China’s positive policy in the fight againstterrorism, sate also follows the policy of Muslim Chineseization and intellectual andthe forced cultural transformation under this program. This approach of China is aclear violation of the human rights of Muslims in the region.
Jornal of Eslamic Human Rights
ناشر: سازمان بسیج اساتید دانشگاهها و مراکز علمی ، پژوهشی و آموزشی کشور
2322-5637
8
v.
2
no.
2019
33
60
https://www.pfbaj.ir/article_122358_4001b31b7044e8c00efbecb8b928223e.pdf
dx.doi.org/DOR:20.1001.1.23225637.1398.8.2.2.0
Facilitation: Method of Human Rights Training
Samaneh
Rahmatifar
Assistant Prof, Department of Law, Faculty of Humanities Science, Islamic Azad University, Hamedan, Iran
author
mehrdad
ganjalidaraii
PhD Student, Faculty of Humanities Science, Islamic Azad University, Hamedan
author
text
article
2019
per
Facilitation or participative learning is a modern training method. It uses in variousfields of science increasingly, especially in humanitarian sciences. The goal ofhuman rights training is promotion and protection of human rights. Not only thecontent but also the method of training must be in coordination with its goal. Only inthis way the promotion and protection of human rights will be achieved.Comparative study in this article improves that facilitation is the best training methodfor human rights training. The principles of human rights training, includespromotion human rights values, respect to differences and non discrimination,encourage analysis of human rights problems, empower communities and individualsto identify their human rights needs, develop the capacity of duty-bearers, accounthistorical and social local developments promote the knowledge and skill of humanrights, use of participatory, make environments free from fear, be relevant to thedaily life of the learners, are compatible with the elements of facilitation, includesequality participatory approach, active listening, confidentiality, safe environment,mutual respect, importance of personal experiments and equipped training place.
Jornal of Eslamic Human Rights
ناشر: سازمان بسیج اساتید دانشگاهها و مراکز علمی ، پژوهشی و آموزشی کشور
2322-5637
8
v.
2
no.
2019
61
82
https://www.pfbaj.ir/article_122359_7382e1585523ad9a8351a654481f92af.pdf
dx.doi.org/DOR:20.1001.1.23225637.1398.8.2.3.1
News law in the Light of Islamic Jurisprudential Propositions and Human Rights
MOHSEN
ghaemi
Visiting Assistant Professor, Razavi University of Islamic Sciences
author
text
article
2019
per
News, as the most important message of the communication resources of the presentcentury News, as the most important message of the communication resources of thepresent century has become an inseparable part of our world, and all people, withoutexception, are trapped in intertwined networks of news media. However, there aremany challenges and issues discussed in Western and Islamic law. News, in the fieldof business method, content, presentation method needs to provide a special legalorder; What is more, news is faced with “the right of people to access information”and on the other hand with “privacy of information or privacy of individuals”. Inaddition, journalists have special rights and responsibilities as communicationsagents. Therefore, the inference of the legal system governing the “news” and"journalists" in comparison with the existing legal systems is necessary that thepresent article has been written with a descriptive-analytical approach based onlibrary studies in line with this mission.
Jornal of Eslamic Human Rights
ناشر: سازمان بسیج اساتید دانشگاهها و مراکز علمی ، پژوهشی و آموزشی کشور
2322-5637
8
v.
2
no.
2019
83
110
https://www.pfbaj.ir/article_122389_858b7f315c1eef6166133c56b9354c21.pdf
dx.doi.org/DOR:20.1001.1.23225637.1398.8.2.4.2
Regional Mechanisms of Human Rights: Species, Challenges and Solutions
Ahmad
Momenirad
Faculty of Law
author
Mahdi
Keykhosravi
Lecturer of International Law, Hakim Sabzevari University
author
text
article
2019
per
International protection of human rights, regardless of the global level, has also beenattended at the regional level. In this case, International regional organizations haveadopted regional instruments of human rights, which the most prominent of them arethe European, American and African human rights conventions and also IslamicDeclaration of Human Rights. These instruments for the supervision in properimplementation of human rights, Preventing any aggression and invasion to thehuman rights of citizens of member states and ultimately improving the position ofhuman rights have created a series of executive mechanisms in the regionaldimensions and Have given them jurisdictions and duties. Although, thesemechanisms by monitoring the states have brought the proper implementation of theobligations contained in the regional conventions of human rights and consequentlyhave received an acceptable report card but in practice they are facing to challenges.Undoubtedly, recognition these challenges and exit solutions from them can lead tomore effective protection of human rights at the regional level. Accordingly, thepresent article attempts to identify and consider the most important and seriouschallenges facing regional mechanisms of human rights and exit solutions of thepresent situation.
Jornal of Eslamic Human Rights
ناشر: سازمان بسیج اساتید دانشگاهها و مراکز علمی ، پژوهشی و آموزشی کشور
2322-5637
8
v.
2
no.
2019
111
134
https://www.pfbaj.ir/article_122391_9757bd88389a95bd3a68b03d48b16a9e.pdf
dx.doi.org/DOR:20.1001.1.23225637.1398.8.2.5.3
Investigation on the Insult in Legitimate Defense
mohammad
nabi pur
Assistant Professor of Criminal Law and CriminologyUniversity of Shomal, Amol
author
mozhgan
nikoukar
Master Student of Criminal Law and CriminologyUniversity of Shomal, Amol
author
text
article
2019
per
The objective of this study is to investigate on the subject of insult in the field oflegitimate defense. Legitimate defense is one of the justifying institutions of criminallaw that has a long history of being a justifying agent, undermining the legal basis ofthe crime. The institution itself consists of two pillars of aggression and defense, eachwith its own set of circumstances. Now the question is whether in the event ofinsulting one person against another, there is a power to defend the insulted personand this defense will fall under the heading of defense, and what is the role of theoffense of insult in the defendant's criminal liability, despite the circumstances in thecase? The institution has been aggressive about the subject of aggression,proportionality of aggression, and defending where issues and disagreements havearisen.
Jornal of Eslamic Human Rights
ناشر: سازمان بسیج اساتید دانشگاهها و مراکز علمی ، پژوهشی و آموزشی کشور
2322-5637
8
v.
2
no.
2019
135
156
https://www.pfbaj.ir/article_122392_974f6ec0d863eca4bcc550a69274e531.pdf
dx.doi.org/DOR:20.1001.1.23225637.1398.8.2.6.4