Jornal of Eslamic Human Rights

Legal Analysis of principles and factors of systemic violation of citizenship rights In the United States of America

seyed Mohammad Mahdi Ghamami

Volume 9, Issue 2 , February 2021, , Pages 189-216

Abstract

  The United States is one of the countries that monitors, reports, and sanctions other countries for human rights reasons, while the human rights situation in the United States, despite ...  Read More The United States is one of the countries that monitors, reports, and sanctions other countries for human rights reasons, while the human rights situation in the United States, despite legislative changes of more than one hundred years, including civil rights laws (1946, 1957) , 1960) and the Suffrage Act (1965) are always accompanied by a series of systematic violations of civil and domestic human rights. The history of the creation of the United States of America, which began with the killing of Indigenous peoples and the enslavement of blacks, and the enactment of the Constitution with pessimism about the right of people to participate and discriminatory laws against people of color, women, the poor, non-Christians, especially Muslims through numerous laws. The repeal of some racist laws in the governing structure is a clear violation of civil rights in the United States. In this article, we use the analytical-descriptive method and using legal documents, laws and statistics to answer the question: "What are the legal bases and causes of civil rights violations in the United States?" The main reason is the contradictory structure and inherent discrimination of the Constitution and domestic law, which has led to a systematic violation of civil rights in the United States, and in practice has prevented the modeling of this system of government due to the crisis of legitimacy resulting from violations of fundamental and legitimate rights.

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Comparative study Shiite view of international law on the protection of the dignity and rights of children with Emphasis on the Teachings and Hadiths of Imam Reza (AS)

soghra salehi; hakem ghasemi

Volume 10, Issue 3 , January 2022, , Pages 199-226

Abstract

  Protection of children dignity as a natural right has supposed the basis for religious ides and some international documents among children rights convention.Ignoring this right plays ...  Read More Protection of children dignity as a natural right has supposed the basis for religious ides and some international documents among children rights convention.Ignoring this right plays avital role in making challenges and damages for children. The figure for manners and Hadith from ImamRezaaswellas convention of children rights indicate elements of dignify in children.The most important question is that from an Imam Reza and convention ofchildren rights perspective what are elements of dignity?And then,What are the similarities and differences between these two schools.Studies illustrate from an Imam Reza and convention ofchildren rights point of view,elements suchas identity,training,security, justice, pro-freedom and non-oppressing are dignifying forchildren. Both of points have a fundamental different in ideology,foundation, methodology, content and executive guarantee.There are differences about preserving of children dignity in points of Imam compared with convention such as Islamic basics, prosperity ideology, Simple expression and without Sophisticated legal structures, various methodology, attention to dignity and moral rights, emphasis on the family and executive guarantee based onthefaith,spirituality andmundaneand otherworldly punishment.Therefore, many years before the convention was ratified Imam Reza presents comprehensive epistemologyfrom dignity andchildren rights in terms of value level, foundation, methodology,content and etc.This article examines thecontentof the narrations left by Imam Reza about the child and the content of the Convention on the Rights of the Child with the method of content analysis and in a comparative framework, thedignifying componentsof the child from the perspective of Imam Reza And compares the Convention onthe Rights of the Child, identifying their most important similarities and differences

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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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Feasibility Study of the Derogation of Freedom of Movement and Access to Information Rights in the Corona Pandemic

Aghil Mohammadi; Faezeh Sadat Sajjadi

Volume 10, Issue 1 , July 2021, , Pages 231-275

Abstract

  Some states have derogated the freedom of movement and access to information rights in order to protect the health of their citizens during the Corona epidemic. The present article ...  Read More Some states have derogated the freedom of movement and access to information rights in order to protect the health of their citizens during the Corona epidemic. The present article uses a descriptive-analytical approach to answer the question that is it possible to derogate the mentioned human rights in the corona epidemic in accordance with international human rights law? The scale and severity of the corona pandemic has clearly brought it to the level of a state of public emergency. Therefore, potentially, including in the light of citing Article 4 of the International Covenant on Civil and Political Rights, it is possible to derogate those rights as a means of protecting public health. Of course, the validity of the derogation depends on announcing the situation to other states, implementation of the principles of necessity, proportionality, non-discrimination and other obligations under international law. Of course, it is difficult to say that all state has complied with these conditions, and it is necessary to examine the situation of each state separately. In general, states that have specifically derogated their obligations without compliance to above Article, have committed international wrongful act. Violations of the principles of necessity and proportionality can be pointed out, especially in the case of those states that have experienced a low prevalence of the disease and could restrict the mentioned human rights instead of derogating them

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مسئولیت سازمانی و انظباطی فرمانده مافوق و پرسنل مادون در نظام حقوقی ایران

salman adinevand; abedin safari kakroodi

Volume 9, Issue 2 , February 2021, , Pages 217-244

Abstract

  در سازمان‌های نظامی، رهبری هر یگان بر عهده فرمانده آن است و در سلسله‌مراتب طولی، فرمانده هر یگان تابع ...  Read More در سازمان‌های نظامی، رهبری هر یگان بر عهده فرمانده آن است و در سلسله‌مراتب طولی، فرمانده هر یگان تابع دستورات فرمانده مافوق است. مسئولیت عملکرد هر یگان مستقیماً متوجه فرمانده آن بوده و این مسئولیت عمدتاً جنبه انظباطی داشته و در مواردی نیز جنبه مدنی دارد. این پژوهش باهدف بررسی مسئولیت انظباطی فرماندهان نظامی در حقوق ایران انجام‌شده است. نتیجه اینکه سازمان‌های نظامی به‌هیچ‌وجه صلاحیت اعمال حقوقی را نداشته و تنها در اجرای احکام صادره وظیفه‌ دارند. قانون‌گذار بیان کرده که فرمانده نظامی برای میل به اهداف تعیین‌شده می‌بایست هر اقدامی را در چارچوب قانون انجام دهد و درعین‌حال، می‌بایست مسائل اخلاقی، انسانی و شرعی را مدنظر داشته باشد که عرف عمومی در تعیین دقیق این مسئولیت، نقش مهمی دارد. فرماند‌هان مافوق، موظف به نظارت بر اعمال پرسنل و فرماندهان مادون بوده و در قبال اعمال غیرقانونی آن‌ها مسئولیت انظباطی دارند. این مسئله در منابع مختلف حقوق بین‌الملل و همچنین در عرف آن‌، که به محاکمه فرماندهان نظامی پس از جنگ جهانی دوم باز می‌گردد، تصریح‌شده است. هرچند که قانونگذار به این مسئله مفصلاً پرداخته نشده، اما در صورت قصور یک فرمانده در وظیفه نظارتی خود، اعمال غیرقانونی حادث‌شده توسط فرماندهان و پرسنل مادون، مستوجب مسئولیت انظباطی است.

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Identification and Detection of the Crime of Widespread International Disruption in the Economic System of Countries in the System of Contemporary International law and the Borders of Southern Sudan

Peyman Namamian; nejat amiri

Volume 10, Issue 2 , September 2021, , Pages 225-245

Abstract

  Various instances of widespread international disruption in the economic system of countries through the imposition of intentional economic conditions and measures leading to the destruction ...  Read More Various instances of widespread international disruption in the economic system of countries through the imposition of intentional economic conditions and measures leading to the destruction and change of economic resources in favor of political power as transnational organized crime, in the Convention against Genocide to widespread disruption of the economic system Not paid. However, the historical background of genocide, especially the widespread disruption of the economic system of countries, has been supported by several countries in the preliminary stage of the genocide convention. The investigation of this crime in the South Sudan border indicates that the International Criminal Court The economic system has issued targets for the physical destruction and looting of cultural and economic property by killing and inflicting severe physical and mental harm on the people of the southern borders of Sudan and deliberately imposing living conditions on the target group. However, despite the widespread international disruption of the economic system in countries from the perspective of international law, the criminalization of cross-border crime is widespread and is not explicitly addressed in international conventions and legislative policies and court proceedings. International criminal law and other legislative bodies in identifying and detecting crimes of widespread international disruption of the economic system through the international police and judicial officers have not been done in a coherent manner, although in some cases, especially the trial of Omar al-Bashir, Sudanese leaders have identified and the discovery of crime and trial on charges of economic genocide.

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Prevention of misconduct by reflecting on the teachings of Nahj al-Balaghah

Saleh Ghafari Cherati; Amin Radman; Bahar Hamzeh zadeh; Maryam Ghafari Cherati

Volume 10, Issue 3 , January 2022, , Pages 227-244

Abstract

  The crime of embezzlement is one of the economic crimes that, despite the extensive efforts made for criminal responses, has not reduced the number of perpetrators. On the other hand, ...  Read More The crime of embezzlement is one of the economic crimes that, despite the extensive efforts made for criminal responses, has not reduced the number of perpetrators. On the other hand, in today's society, non-criminal prevention, and specifically social prevention, has found a prominent place with the development of criminology. Among the teachings of Nahj al-Balaghah, there are many precise points in this regard, including that one of the important components of Imam Ali (as) in hiring government positions was piety and trustworthiness of his agents and his government policy of encroaching on the treasury by those who possessed it. It is worth noting. To this end, the present article, by appealing to the commands and recommendations contained in Nahj al-Balaghah, seeks to specifically address the social prevention strategies of the crime of embezzlement in order to reduce the incidence of this crime. In general, the results of this article try to present the preventive teachings of criminologists in a categorized and methodical way by adapting to the valuable book of Nahj al-Balaghah in the field of embezzlement crime, so that the executors of the criminal justice system can be required to implement it. The important question of the article is to what extent are the teachings of Nahj al-Balaghah consistent with preventive criminological approaches? This research has been done by analytical-theoretical method and with a functionalist approach.

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Foundations, Sources and Aspects of the Right to Self-determination in Islam

Amir Maghami; Ahmad Momenirad; Ashkan Alipour

Volume 10, Issue 1 , July 2021, , Pages 277-307

Abstract

  Right to self-determination as a dynamic human “right”, is one of the original elements of human society, in the history of international relations and now. This right challenged ...  Read More Right to self-determination as a dynamic human “right”, is one of the original elements of human society, in the history of international relations and now. This right challenged humanity in choice right way of perfection and growth to achieve nearness of God by relying the absolute freedom and modern rationality. Islam by introduce the basics of the “right” that has natural and divine nature, expresses the principal basis by relying its original resource. This article assumption is that the origin of all human “rights” especially the right to self-determination is from the religion that gives rights to the man as God’s successor. So it analyses sources of this right and its foundations such as monotheism, human dignity, human nature and equality, also its dominion, features and universality in Islamic approach. The article shows that this concept in Islamic approach is a twin right and obligation and has internal and foreign dimensions.

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Critical analysis of the performance of the Iranian legal system regarding the concept of judicial independence

Nader Mirzade Koohshahi; hoosein ghazizadeh; mohamadmehdi shirazi

Volume 9, Issue 2 , February 2021, , Pages 245-274

Abstract

  Fair justice which is considered a Human Rights as an element of judicial justice has some components that judicial independence is the most necessary of them. Judicial independence ...  Read More Fair justice which is considered a Human Rights as an element of judicial justice has some components that judicial independence is the most necessary of them. Judicial independence for a good promotion, not only needs institutional independence but also it should guarantee independence of judge for judgement. The basic question is how the Iranian legal system approaches the concept of judicial independence and how it can be corrected. The approaches taken to judicial independence in our country, despite its many strengths, is not protected to defects and some problems such as legal and executive obstacles blocks the independence of judges and judiciary. This article has a descriptive-analytical approach based on library studies that wants to express existing problems such as lack of financial independence of the judiciary, lack of attention to the social, financial and living conditions of judges and judicial trainees, conditionality of hiring judges at the beginning of service, failure to mention the judge's competence in the law and referral of jurisdiction to the commission without priority over the judge and provide suggested solutions like as granting financial independence to the judiciary, adopting practical approaches to improve the social and financial status of judges and correcting the existing laws that is related to the recognition of the judge's competence in order to simplify the ways to achieve judicial independence.

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the capacities of Arbaeen pilgrimage as an Islamic human right at peace building

seyed mohammad hosseini; mohsen hajizadeh; MAHDI firozabadian

Volume 9, Issue 2 , February 2021, , Pages 275-292

Abstract

  Pilgrimage of sacred places has a special position among different religions. Pilgrimage has also been considered in Islam. Arbaeen pilgrimage is considered a part of Islamic human ...  Read More Pilgrimage of sacred places has a special position among different religions. Pilgrimage has also been considered in Islam. Arbaeen pilgrimage is considered a part of Islamic human rights. In the last two decades, the pilgrimage of the grave of Imam Hussein (p.b.u.h) and the pilgrimage of Arbaeen ceremony have burgeoned. This research has used analytical descriptive method to study relationship between Arbaeen pilgrimage as a Islamic human right with the establishment and maintenance of peace and security. The findings of this study are Along with spiritual and educational effects, the Arbaeen pilgrimage has caused empathy and friendship between the Arbaeen pilgrims with different nationalities. The Arbaeen pilgrimage has recovered Iraq's sacred places. Also, the Arbaeen pilgrimage has created security. The Arbaeen pilgrimage has created and strengthened peace and friendship in the region as well. This study has concluded that Arbaeen pilgrimage is an Islamic human rights in the direction of peace and humanity that states should respect this right and provide the basis for its implementation.

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A study of the administrative procedure for resolving disputes in the Iran-Iraq Chamber of Commerce from the perspective of Islamic jurisprudence and law

Rahim Mirzaii GharaGhesghlagh; Youseph Molaii; Reza Ghiasi

Volume 10, Issue 4 , March 2022, , Pages 7-32

Abstract

  Introduction: The Chamber of Commerce has been established to monitor business activities and the Iran-Iraq Chamber of Commerce has administrative-legal powers specializing in trade ...  Read More Introduction: The Chamber of Commerce has been established to monitor business activities and the Iran-Iraq Chamber of Commerce has administrative-legal powers specializing in trade between Iran and Iraq.Research Method: This descriptive-analytical study seeks to examine the legal procedure for resolving disputes in the Iran-Iraq Chamber of Commerce from the perspective of Islamic human rights.Discussion: The rules of arbitration of the Chamber of Commerce in practice are fully in accordance with the principles of international trade law arbitration and can determine the status of traders who have a dispute within a certain period of time. Attention to administrative regulations to the international aspect of the dispute and the need to select a competent arbitrator / arbitrators in any situation is one of the strengths of the administrative rules for resolving disputes in the Chamber of Commerce and the time of arbitration is appropriate. Criticism of this administrative procedure is the high cost of arbitration, which needs to be adjusted according to the situation of the parties to the dispute. From the point of view of Islamic law, resolving disputes between two Muslims should be done by another Muslim, which is not explicitly mentioned in the rules of the Chamber of Commerce. At the same time, the arbitration mechanism in this institution is completely optional.Conclusion: The administrative arbitration procedure used is almost in accordance with the principles of Islamic human rights as well as the rules of private international law.

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Examining the position of international institutions in the universality of human rights

Mehdi Zakavi; ali partovi

Volume 11, Issue 2 , September 2022, , Pages 7-28

Abstract

  International institutions with a long history in the history of the world have been able to play an effective role in the field of protecting and promoting human rights. Supporting ...  Read More International institutions with a long history in the history of the world have been able to play an effective role in the field of protecting and promoting human rights. Supporting human rights means supporting human achievements, consolidating and guaranteeing them, and promoting human rights and citizenship is another factor that seeks to create a higher level of human rights with the growth, development and expansion of this concept. By raising the question of what is the position of international institutions in the universality of human rights, this research has raised the hypothesis that international institutions have been able to use numerous practical methods and mechanisms as well as using the legal capacities available in the laws. domestic and international documents and regulations to take effective steps in the field of protecting and promoting human rights. The importance of this matter finds another meaning by looking at the record of the institutions and it is necessary to review the performance of these institutions and the comprehensive pathology of the movement of the institutions in the direction of protecting and promoting human rights, the government systems can activate the hidden capacity of the institutions and these institutions in the position to support and promote human rights.

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Investigating the role of sharing responsibility in accepting Afghan refugees in Iran with an emphasis on Islamic human rights (from 1357 to 1402)

samira Rouhani Rankoohi; Mehdi zakerian; Mohammad Ali Abdolahzadeh

Volume 12, Issue 4 , May 2024, , Pages 7-29

Abstract

  The Islamic Republic of Iran has well understood the negative effects of war, its consequences such as the influx of refugees and migration flows, because for more than four decades ...  Read More The Islamic Republic of Iran has well understood the negative effects of war, its consequences such as the influx of refugees and migration flows, because for more than four decades in the absence of international support, under the dire conditions of the eight-year war, unilateral coercive measures and sanctions, He has generously welcomed millions of Afghan refugees. The burden of responsibility of Afghan refugees and the need for a practical approach based on Islamic human rights for sustainable protection of Afghan refugees is well felt in Iran.Based on this, the main question of this research is: "How can the division of responsibility with the approach of Islamic human rights reduce the burden of responsibility of Afghan refugees in Iran as a practical solution?"The research method is descriptive-analytical and collection of documentary and library informationThe findings of the research showed that the division of responsibility, from capacity-building measures at three international levels, non-governmental organizations and governmental organizations, in sync with the principles and provisions of Islamic human rights, can provide practical solutions to reduce the burden of responsibility of Afghan refugees in Iran.

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The Impact of the Contribution of Injured Person in Creating or Worsening Damage on International Responsibility of State which Violates Human Rights with mphasis on Jurisprudence of European Court of Human Rights

Seyed Ghasem Zamani; vahid bazar

Volume 7, Issue 2 , December 2018, , Pages 9-24

Abstract

  The victim's contribution of violation of human rights in creating or worsening of damage is one of the factors that causes to not enforce the principle of full reparation of ...  Read More The victim's contribution of violation of human rights in creating or worsening of damage is one of the factors that causes to not enforce the principle of full reparation of damage and, in proportion to this participation, be reduced by the amount of determinable compensation. However, in plurality of victims, the contribution of each of them will only affect the determination of compensation for the same victim.The European Court of Human Rights has considered this rule in its jurisprudence.According to The Court, the contribution of injured person is not considered as a precluding wrongfulness circumstance, but as an effective factor in determining the amount of compensation. However, there is no specific rule as to how such a reduction is to be calculated, and The Court basically determines this amount on an equitable basis. In addition to considering the impact of the contribution of injuredperson in creating or worsening damage for breaching human rights, this article tries to examine jurisprudence of European Court of Human Rights.

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Analysis of Omission as a Condition for Committing an Intentional Crime in the Light of the Provisions of the Islamic Penal law 1392

Mohammad Ebrahim Shams Natari; Saeideh Yari; Golshan Fathi

Volume 8, Issue 1 , August 2020, , Pages 9-38

Abstract

  Abandonment in intentional crimes is one of the topics that has been discussedamong jurists and jurisconsult for a long time, and familiarity with different viewsrelated to it can help ...  Read More Abandonment in intentional crimes is one of the topics that has been discussedamong jurists and jurisconsult for a long time, and familiarity with different viewsrelated to it can help to deduce the view of our country's legislator. Accordingly, thisarticle examines this issue among jurists and jurisconsult, especially customaryjurists and the Islamic Penal Code adopted in 1392. The issue that introduce inrelation to the crime of omission in the case of crimes is that some people haveopposed the idea that abandonment of action and refusal are considered non-existentand have stated that non-existence cannot be the cause of existence. Also, the lack ofa causal relationship between the omission of the act and the criminal result, havedenied this issue and do not consider the omission of the act as a corpus delicti of thecrime. On the other hand, according to Articles 2 and 295 of the Islamic Penal Code,they accept the omission of the act as a corpuse delicti of the crime if, firstly, theomission of the act is achieved in special circumstances (law, contract, etc.) andsecondly The causal relationship between leaving the action and the result must beachieved, otherwise leaving the action as a corpuse delicti is not considered a crime.

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The Right to Immigrant Citizenship in Jurisprudence and Law

saied mohammad hosseini; mohamad mahdi karimi nia

Volume 8, Issue 2 , January 2020, , Pages 9-32

https://doi.org/DOR:20.1001.1.23225637.1398.8.2.1.9

Abstract

  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. ...  Read More 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.

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Consumer rights review in the light of human rights instruments and internatioanl judicial procedures

mohammadjavad heydariandolatabadi; rasoul mazaheri kuhanestani

Volume 9, Issue 1 , September 2020, , Pages 9-30

Abstract

  Legal systems In most countries, consumer rights are prevalent in the world and they seek to support this cohort of humanity in their country. For example, we see today that consumers' ...  Read More Legal systems In most countries, consumer rights are prevalent in the world and they seek to support this cohort of humanity in their country. For example, we see today that consumers' rights in the Constitution of the European Union and in the laws of the member states of the union are considered as fundamental human rights, which indicates that consumer rights as one of the rights The fundamental and fundamental humanity has played a role in the provisions of international law and national laws of the countries. It is worth noting, however, that there are many human rights instruments that, at the global and regional level, have given special attention to protecting individuals as consumers and have introduced these rights as basic human rights, as well as in the light of the judicial process of the court European Human Rights Law, and studying the numerous cases in this regional court. In the area of human rights, we now find that the flow of consumer protection has benefited from the guarantee of appropriate legal and judicial actions. Accordingly, the present study, through analytical-descriptive method and library collection (documentary) has addressed the question of what is the status of the consumer in the light of international human rights?

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Human Rights Discourse in Islam: An Explanation from Human Dignity Perspective

fariborz arghavani pirsalami; mojtaba dehghan

Volume 7, Issue 2 , December 2018, , Pages 25-50

Abstract

  The main goal of the article is explanation and description of relationship betweenhuman dignity and human rights discourse in Islam. Human rights conception is amodern concept and ...  Read More The main goal of the article is explanation and description of relationship betweenhuman dignity and human rights discourse in Islam. Human rights conception is amodern concept and like some other modern conception has entered to Islamicliterature recently. In Islamic text we have not seen human rights conception butsigns and symbol of the concept is exist in Quran (Islam holy book) and Islamictradition and hence, Islam Olamas and religious scholars have discussed about that.We can named the discussion as Islamic human rights discourse. In the discourse,human dignity is central sign and other rights and human advantages are understoodaround the concept. This article is seek to answer the question that whatcharacteristics we can see in Islam human rights discourse? The article as ahypothesis and based on descriptive-explanative method argues human rights inIslam is based on human dignity and the obliged to it is necessary.

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مسئولیت مدنی دولت در قبال تورم منفی

mitra shariatzade; abbas arabkhazayeli; seye asghar hoseini moghadam

Volume 9, Issue 1 , September 2020, , Pages 31-49

Abstract

  حقوق همه شهروندان محترم بوده و برای خسارت زنندگان به آن، مسئولیت جبران قرار داده‌اند. منابع فقهی و حقوقی، ...  Read More حقوق همه شهروندان محترم بوده و برای خسارت زنندگان به آن، مسئولیت جبران قرار داده‌اند. منابع فقهی و حقوقی، مسئولیت مدنی را برای افرادی برشمرده که با سه شرط بروز خسارت، رابطه سببیت و تقصیر، موجب اضرار به دیگران شده‌اند. در این پژوهش به روش تحلیلی-توصیفی، درصدد پاسخ به این سوال است که مسئولیت مدنی دولت از بابت تورم منفی در جامعه به چه صورت است. هدف آن است که ادله فقهی مرتبط با مسئولیت مذکور، تشریح گردد. نتیجه اینکه چون بخشی از تورم منفی به‌واسطه کنترل ناموفق تورم مثبت بوده و به تحریم‌ها و جنگ اقتصادی غرب علیه ایران مرتبط است، سیاست مقابله با نظام سلطه در سطح کلان توسط حکومت اسلامی اتخاذشده که به‌موجب قواعد فقهی نفی فی سبیل و احسان، صحیح شمرده‌شده و از این حیث مسئولیتی متوجه دولت و حکومت نمی‌باشد. اما گاه به دلیل اقدامات اجرایی نامناسب، همچون عدم نظارت بر سیاست‌های پولی، وابستگی اقتصاد کشور به درآمد نفتی، فرهنگ غلط اقتصادی و .... رابطه سببیت بین اقدامات دولت با تورم منفی مشاهده‌شده که در برهه‌هایی از زمان موجب خسارت به صنوف سرمایه‌ای گردیده است. تقصیر دولت در انجام برخی از وظایف خود مشهود بوده و به سبب خسارت واردشده به شهروندان، دولت مسئولیت مدنی دارد.

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Representing the Principle of Human Dignity in the Human Rights Policies of the Islamic Republic of Iran towards Foreign Immigrants with an Emphasis on Afghan Immigrants

ali Khodadoost; masoud motallebi; Abdolreza Bay

Volume 12, Issue 4 , May 2024, , Pages 31-51

Abstract

  the foundation of the international human rights system, based on which the human rights in the system international human rights are recognized, it is justified. This principle, apart ...  Read More the foundation of the international human rights system, based on which the human rights in the system international human rights are recognized, it is justified. This principle, apart from religious texts and sources, has been recognized in numerous international and regional human rights documents, and even in the documents related to humanitarian rights, the observance of this principle and the need to respect human dignity have been emphasized. The present descriptive and analytical essay has been written with the aim of recognizing and representing the principle of human dignity in the human rights policies of the Islamic Republic of Iran towards foreign immigrants in the years after the Islamic Revolution. How has the principle of human dignity been implemented as the most important principle in human relations in the Islamic Republic of Iran's immigration policies towards foreign immigrants, especially Afghan immigrants, and what are its examples? It is the most important question that this research aims to answer. The findings and results show that human dignity and human rights are the basis and criteria of all decisions, policies and actions of the Islamic Republic of Iran in the field of immigration policy, as far as this can be observed in educational, welfare and living rights that are for Afghan immigrants considered.

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Human Rights Challenges of Chinese State’s Interactions with Xinjiang Muslims

hassan khosravi

Volume 8, Issue 2 , January 2020, , Pages 33-60

https://doi.org/DOR:20.1001.1.23225637.1398.8.2.2.0

Abstract

  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 ...  Read More 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.

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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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Legal Nature of Crimes Committed on Forgotten Muslims of Myanmar

mohammad reza danesh shahraki; nader mardani

Volume 8, Issue 1 , August 2020, , Pages 39-56

Abstract

  Several decades ago, as a result of committing violence Against the ethnic minorityof Muslims in the myanmar, Thousands of them If they were not killed by seriousviolence, they have ...  Read More Several decades ago, as a result of committing violence Against the ethnic minorityof Muslims in the myanmar, Thousands of them If they were not killed by seriousviolence, they have been displaced in the Rachin state or escaped to Bangladesh Andthey must live in difficult conditions. It seems that, given the wide range of crimes,the purpose of the perpetration of this violence and crimes is the Muslims genocide.In this article, the crimes committed by extremist groups of Buddhist people and thegovernment of Myanmar. The government’s performance in these cases goes beyondthe support of the criminals and violent people and, in many cases; government ofMyanmar is the guardian of the violence massacre. This article seeks to find out thenature of these violent acts by by studying carefully in international law rules andfinally find a solution for this tension based on the nature of the acts of committing it,to support Muslims of Myanmar and protecting their fundamental rights.

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The Rights and Freedoms of Political Opponents in the Alawite Government and the Legal System of the Islamic Republic of Iran

zeynab ghaderi; atefeh ghaderi

Volume 7, Issue 2 , December 2018, , Pages 51-74

Abstract

  One of the important features of modern political systems is the existence of legalopposition. The conditions of establishment and the way in which they operate andoperate are an integral ...  Read More One of the important features of modern political systems is the existence of legalopposition. The conditions of establishment and the way in which they operate andoperate are an integral part of modern fundamental laws. On the other hand, animportant part of public law as a discipline that regulates relations betweenindividuals and the state focuses on the fundamental rights of individuals and groupsin a political system. It is obvious, however, that the most important discussions arerelated to the legal opposition that challenges the deployed state. Therefore, it isessential to examine their position in understanding the functioning of any politicalsystem. This issue is becoming increasingly important as far as the Alawitegovernment is concerned. On the one hand, there has been a great deal of doubtabout the rights of political opponents during the Alawite period, and on the otherhand, the Islamic Republic of Iran is seeking to follow the rules and teachings of theAlawite government. The present research seeks to answer this question. What arethe rights and freedoms for this group of opponents and the legal system of theIslamic Republic of Iran, what are the solutions to guarantee these rights andfreedoms? This research has tried to prove that political opponents enjoyedindividual and social freedoms during the rule of Imam Ali, and the legal system ofthe Islamic Republic of Iran has also introduced the Alawite regime in this regard.

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Examining the government's obligations under the "Right to Clean Air": Case study of the legislative system of the Islamic Republic of Iran

seyed Mohammad Mahdi Ghamami; ali Taghinezad

Volume 9, Issue 1 , September 2020, , Pages 51-67

Abstract

  Today, one of the factors that endanger the health of citizens is air pollution, which is why as a result of the right to life, the "right to clean air" is considered one of the fundamental ...  Read More Today, one of the factors that endanger the health of citizens is air pollution, which is why as a result of the right to life, the "right to clean air" is considered one of the fundamental human rights. In this regard, the government is obliged to provide and guarantee the right to clean air for citizens and must play a broad role, including the commitment to prevent the activity of any source of pollutants and protect the victims of air pollution and also adhere to its equipment. In other words, on the one hand, it must take into account the health of all members of society without any discrimination or comment in the implementation of laws and regulations related to clean air, and on the other hand, it must provide a suitable platform for the survival of this right by using regulatory authority. And punish the violators effectively. To achieve this, we need comprehensive policy, coherent and decisive rules and regulations. Thus, in order to communicate "general environmental policies" (8/26/1594), the government is required to submit a bill and amend the regulations, while filling the legal gap, to ensure adequate implementation guarantees to ensure clean air. In this article, the authors will answer the question of what harms and challenges does the Iranian normative system based on the government's commitment to protecting the right to clean air face, considering the religious principles of using clean air? In this regard, the existing laws and regulations have been analyzed and reviewed

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