مریم احمدی نژاد

Despite the accepted fact that the ideal family, as the foundation and main cell of society, has a direct impact on the progress of society, today, we are confronted with significant threats to the foundation of the family as a result of the disparity between the performance of certain societies and moral-religious traditions. A hazard that has been significantly de-stigmatized in recent years is the unconventional and unnatural sexual tendencies of individuals toward their own sex. We have observed that numerous international authorities in their jurisprudence do not exhibit discrimination or inequality toward civil institutions that are established based on unconventional sexual tendencies, despite the strong and emphatic prohibition of religions, particularly Islam, against unconventional sexual tendencies. They equate these institutions with the sacred institution of the family. This unnatural perspective has had such a profound impact on them that, in addition to eliminating historical punishments for this immoral activity, they have criminalized opposition to homosexuality as hatred. This has advanced to the extent that certain countries have even acknowledged “marriage,” a term that is historically and naturally associated with relationships between men and women, for relationships that are based on aberrant sexual tendencies. This is despite the fact that homosexuality, or unconventional and unnatural sexual tendencies, has been regarded as ugly, disgusting, and unnatural throughout history. In Islamic teachings, it is also referred to as prostitution and is considered one of the major sins that has been assigned the most severe punitive measures.

Context and When examined issues related to family, the concept and types of the family is assumed as an obvious fact. However, with deep fundamental differences between different perspectives, may be this types offered by each of the schools of thought and law do not match together. As far as in some cases, this discrepancy has progressed to the point of general contradiction. In this regard, in order to create a common understanding of the different concepts and types of the family in Islam and the West, in this paper case law of the European Court of Human Rights will be studied. Which is one of the most important human rights judicial institutions and its case law and practice in the field of international law has the legal validity. In this article the case law of the European Court of Human Rights has been examined as an example of thinking based on secular ideas. Also, the view of Islam on the issues raised in the cases of the Court was studied to explain the issue.Research  The present article, with a legal approach and based on an analytical exploratory research, seeks to answer the question that; what is the types of the family in western societies? And what do the findings, which are based on the case law of the European Court of Human Rights, what does it have to do with Islamic culture? After studying the procedure of the European Court of Human Rights and the Islamic perspective, we found that: The scope of relationships that include the legal protection of the right to family life based on the court's practice is much narrower than the concept of family or Rahem in Islam, which is under the special protection of Islamic legislator and these relationships cannot be severed under any justification. Some of these relationships are consistent with what is supported and emphasized in Islam under the title of “Sele Arham"[1]; such as the relationship between spouses, parents and children, grandparents, sisters, brothers and aunts and uncles.  Among these, some of these relationships are not only unacceptable in Islam, rather, heavy punishments are also enforced. Such as free relationship based on sexual orientation outside marriage contract and illegitimate relationship which in case of approving such relationship under ‘family’, it would lead to family breakdown and degeneration as defined by Islam and tradition and would cause disorder in nurturing children and future generations. Finally, the important point to consider is that from Islamic viewpoint, family is defined based on the lineal and marriage and the existence or absence of the aforementioned basic elements are not effective in approving or disapproving relationship within family life. However, the European Court of Human Rights procedure despite the importance of genetic relations(lineal) and relations based on marriage, the basic elements within the court procedure are determining and effective when identifying and approving relations based on family life  in such a way that in certain cases  when there are basic elements for clarifying family at court without genetic relations,  the relationship is  described  as family and even in some other cases  in spite of genetic relations,  in case of absence of basic elements, the relationship is not regarded within family life  but recognized as private life. In fact, it is the humanistic approach that in court procedure the mutual enjoyment is considered as a basic element in family and based on this notion by overlooking legal frameworks such as the principle of marriage between man and woman within family, attempts are made to change these frameworks and offer newly emerging definitions on family. Unlike the Islamic view, the concept and examples of family within the western views are variable and are described based on social norms. Hence, the courts unlike the Islamic viewpoint do not consider marriage only based on religious teachings for family formation and development as it has been stressed upon many times. Therefore, considering the absence of compatibility of this thinking with religious obligations, and the intertwining of public morality with the Iranian public interests within Islamic topics, the enforcement by the governance and its compatibility with human rights issues in Iran, it has led to protect the Islamic views for our country. Since issues such as white marriage and homosexuality and other illegal sexual orientation can in no way be compatible with the Islamic doctrine and it would seriously contradict public morality and our national interests. 1. The Principle of Continuity Devotion to Family.

Among the crimes agonizing human communities in modern age were crimes that were perpetrated by ISIS groups in Syria and Iraq against women and children.During years of their ruling in those occupied lands Iran led by Martyr Soliemani, offered unique services to help safeguard the security of the citizens in those areas. In addition to the many violences that ISIS inflicted on civilians in the areas under its sovereignty, such as barbaric and mass killings, looting, enforced disappearance, mental and physical torture, food and drug sanctions, committed heinous and unprecedented crimes against women and children that the most important of which are: enslavement and trafficking of women and children, rape and sexual violence, ethnic and religious cleansing and compulsory recruitment of children for use in armed. This is while, ISIS crimes against women and children have been a part of this terrorist group's strategy, as a weapon and war tactic to create terror, humiliate and crush people's resistance, so that ISIS managed several media to spread these tragedies. ISIS leaders not only put crimes against women and children on their agenda for military purposes, but also used the trafficking of women and children as one of the financial sources. In addition, ISIS brought to the fore a new model of abuse of women under the name of Jihad Nikah. That in many cases, it was a clear example of human trafficking. Jihad Nikah was a title for the exploitation of women, which mainly through seduction and deception by abusing the religious feelings of women who had extremist thoughts, caused terrible tragedies. What intellectual and emotional degeneration has happened in these women that they suffer hardships to be part of a group that is responsible for crimes against women and children, and they willingly work to advance the crimes of ISIS. According to this, the current research, through a descriptive research, seeks to answer the question, what were the main crimes committed by ISIS against women and children, and what was the effect of Martyr Soleimani's efforts in warding off these dangers? In response to the research problem, the investigations showed that the fact is that terrorist acts and violent ideology of ISIS and its severe, systematic and widespread attacks on civilians, especially women and children, was a global threat to international peace and security. This terrorist group committed heinous crimes with gross violation of Human Rights and International Humanitarian Law that many of which included war crimes, crimes against humanity and genocide and it hurt and disturbed the minds of the international community. In between, Martyr Qassem Soleimani made a detailed plan to deal with the enemies, immediately after the official invitation of the governments of Syria and Iraq. His goal was to preserve the honor of the nations of the region and saving them from the rule of criminals and terrorist and violent extremist groups, especially ISIS. He freed many cities from the capture and occupation of ISIS, and freed many women from sexual slavery by using strong war tactics and activating political diplomacy and mobilization of popular forces. The efforts of the resistance forces under the leadership of General Soleimani in liberating the areas and freeing women and children from the, were so effective that many Western media announced: "Suleimani and the Iraqi militias he commands have played a key role in halting ISIS" and the US general Stanley McChrystal wrote:“Suleimani is arguably the most powerful and unconstrained actor in the Middle East today,”

Nowadays, the right to access the Internet is considered as a tool to achieve the right to freedom of expression, and governments have a duty to ensure widespread access to the Internet. Of course, emphasizing the right to access the Internet does not mean ignoring and unrespecting the sovereignty of states in emergencies. In other words, in International Human Rights System, when there is confrontation between maintaining national security and public order and human rights, such as the right to access the Internet, Support for national security and public order is a priority, although it leads to the restriction and temporary suspension of human rights. The question that arises in this article is how to analyze the action of the Islamic Republic of Iran in disconnecting the Internet in November 2017.In response to this question, the present study has been conducted with a descriptive-analytical approach and using library resources and valid international documents and judicial procedures. It is based on the premise that the International Rules for the Imposition of Restrictions and Suspensions on Internet access in the event of crisis for all countries, including the Islamic Republic of Iran.

The doctrine of "unwillingness" and "inability" is cited by the Zionist regime in attacking resistance groups in third countries. This doctrine means the unwillingness and inability of the host countries in confronting the Resistance Groups, gives the Zionist regime the permission and right to self-defense. This article attempts to examine the nature of the above doctrine and the dimensions of its citation by the Zionist regime, using library resources and internationally recognized documents and judicial procedures. It is based on the assumption that the Zionist regime's strategy towards this doctrine faces various ambiguities. Based on the various arguments presented in this article, the doctrine of "unwillingness" and "inability" is not a legitimate excuse to use force and carry out an armed attack against the host country of Resistance Groups.

The topic of Surrogacy is one of the human rights issues, which is important for its multifaceted nature. On the one hand, this is directly linked to human rights law, such as the right to the family life, the right to privacy life, the right to identity and other human rights rules, and, on the other hand, political considerations are very important to the States, because the States negligence in this regard can be affect the public morality, public order, and in general, their national interests.Also, accurating in different aspects of Surrogacy, is clear that the topic of Surrogacy which is always necessary to be considered, medical and psychological, legal, and Ethical considerations in reviewing this issue.

The main source of the article is the judged cases before the European Court of Human Rights. The present article descripted the judged cases on Surrogacy in the European Court of Human Rights in descriptive approach, by studying library resources and international documents.

In the present article, were investigated six cases from the cases of the European Court of Human Rights on the subject of children born through Surrogacy. In this regard, The court tried in its verdicts to consider political considerations with the help of the doctrine of "Margin of appreciation", while monitors the application of human rights rules by the member States of the European Convention on Human Rights and take their political considerations and is create the balance between the public interest of the states and rules of human rights.

Ethical considerations: 

This research has been written, relying on moral principles, such as, honesty and trustworthiness in text analysis and citation.

Unnecessary use of the method of Surrogacy and its commercialization without moral considerations can have far-reaching consequences, such as human trafficking, but in times of necessity that there is no other way to solve the couplechr('39')s infertility problem, useing of the reproduction method of Surrogacy can solve many problems of infertile couple. what is presented in this article is indicative of the fact that the European Court of Human Rights, has left the decision on this matter to domestic law by granting a wide Margin of Appreciation to the states this component that the couple was infertile and the only way left and the last remaining medical option for their childbearing is the use of assisted reproduction technique of Surrogacy has not been considered in the judged cases.Also, this fact that the intended parents who are listed as the childchr('39')s parents in a birth certificate issued in a foreign country, were are couple married it is not considered as a sign of their goodwill and including positive component. Moreover, the judged cases did not exhaust to the right to respect for the decision to become a genetic parents. And with the wide Margin of Appreciation granted to the states, it has not been extended the right to respect for family life to the relationship between the children born through Surrogacy and the applicants who were biologically the father of these children. Accordingly, in view of the findings of the study, it can be argued that the freely applicable and wide Margin of Appreciation in Surrogacy cases can be seriously threatened the supremacy of human rights requirements and considerations over the national policies of the states.

For centuries, women are subject to many oppressions and abusesAnd the thought of defending women's rights in the international community has emerged in the less than a century.  One of the rights that created a serious development in the field of women's rights, there is the right to recognition before the law (Right to Legal Personality) that denied beliefs that considered women a second-rate. This right, which guarantees equal legal recognition between men and women, has a special proximity to women's rights to equality. Thus, although difference treatment in both of the international law and Islamic thought, does not necessarily violate equality. But, due to fundamental differences between international human rights and Islamic law. In the field of recognizing the equal rights between women and men, in practice is not similar function.Therefore, the present article seeks to examine the subject based on a descriptive and exploratory approach whit citing to the credible Islamic sources and interpretations, as well as international law documents and procedures.

The legal status of Gaza as an Occupied Territory is the subject of discussions of various academic circles as well as national and international judicial procedures. Considering these issues, the present article seeks to answer the question of whether departure of Zionist regime's forces from Gaza mean the end of the occupation of the Zionist regime? In answer to this question, the present paper, which has been written with a descriptive-analytical approach and using library resources and valid international judicial documents and procedures, is based on the assumption that Which is based on standard of "effective control" and analysis of the components of this standard, which has played a significant role in the conceptual development of occupation in the international arena It can be proved the occupation of the Gaza Strip by the Zionist regime After the departure of the Israeli armed forces from this area in 2005, Created the assignments of that regime as an occupier based on international law.

The rule of States in international law refers to a dual situation; on one hand, the classic teachings of the international law about the Law of Treaties such as commitment to international treaties and the sovereignty of law by granting unconditional freedoms to States are conflict in maintaining of the national interests and the other hand, in critical and certain situations and also for the nature of some of the international treaties consequently must be considered authorities for States with preservation of essential interests of them. To solve this dual condition and reconciliation between international cooperation and unilateralism of the States, a condition named "Limiting Clauses" were accepted in international law. these clauses, creates the mechanism though that helps to the participation of States in expanding the legal order and the pact of international treaties, predicts authority and the practical freedom for released of the States from international commitments when that the State Insert to exposed a super danger

Human individuals are entitled to human rights from the beginning of their life. Rights that every human is benefiting of it , because he/she is human beings. In the meantime, the individual's right to recognition of juridical personality one of the rights that there is no doubt in importance and prominence and it is considered of the minimums of fundamental human rights. This right is considered as a prerequisite for the enjoyment of other human rights. The mentioned right still neglected in many legal systems and one of the inherent rights of human. The right to recognition of juridical personality is listed in the major global and regional international instruments and some national instruments. This right recognition every one as a person before the law. Therefore, in this paper we explain the status and the concept of right to recognition of the legal personality in some of these documents.

More than five years have passed since the beginning of the Syrian crisis. Financial and logistical support of regional and trans-regional countries have played specific role in prolongation of this crisis. Whereas, this action not only violates the principle of non-use of force, but arming the Syrian opposition are not the acceptable reasons in international stage under the pretext of humanitarian intervention and counter intervention. In addition, according to election which is done in 2014 and choosing Bashar al-Assad as a president of Syria, arming the Syrian rebel is also illegal under the principle of self-determination .So based on a speech in an article ahead , which is fundamental and strategic research , tried to by employing the descriptive method and while expressing justifications that is dedicated to lethal, non – lethal assistance and funding to Syrian oppositions, reasonable answer be provided by using the principle of international law.

Once upon a time "slavery" was accepted by all human societies as a value and had penetrated in all aspects of human life incloding: ethics, culture and economic in human society to such an extent that it was impossible to deny it. However, during the ups and downs of human movement toward the respect for human and recognition of human rights, gradually, this false tradition tradition turned into illegal act. Hence, the International Community under the aegis of International Law accepted "the right not to be held as slaves" at the highest levels of international rules; international custom and international human rights treaties. However, today, the compound crime of "Human Trafficking" has become common in human societies as a modern form of slavery and is being discussed in international legal circles. Because in this framework human beings are regarded as objects and doesn’t have legal Subjectivity. In other words, according to this definition, they are considered as "slaves". Moreover, in during the writing of this article the Islamic perspective is studied in relation to this topic.

By assuming competence for or authorizing the member states of the European Convention on Human Rights to take some actions, Doctrine of Margin of Appreciation provides them with the possibility to create a balance between requirements of their national interest while complying with their obligations according to the Convention. In fact, based on the Doctrine, the member states can interpret the provisions of the Convention in a way that they do not breach those provisions; however, they can secure their national interests.

The human right and recognition of his legal personality is a humanistic and universal right which has a privileged position among other human rights in terms of its specific features and authentic documents. This right which realizes the right of human dignity has detected and developed over the years along with the evolution of the international law. This research seeks to study the impact of some influential developments such as, the international law, the traditional international law and the universal system of human rights on the acceptance of the individual's legal personality in the international human rights.

The 1982 UN Convention on the Law of the Sea is the most recent text concerning the rules governing the sea, which contains innovations in this regard. Despite many states took part in the negotiations on the Third UN Conference on the Law of the Sea leading to the adoption of the 1982 Convention which was later signed and ratified by many states, there are still different and occasionally conflicting practices among the members of the international community in this regard. The Convention has also provided for regulations on the right to innocent passage, which poses many challenges. This is indeed one of the main reasons why Iran has declined to join the 1982 Convention despite an Iranian delegate took part in the Third Conference. Hence, in this regard, the 1993 Act on the Maritime Zones of the Islamic Republic of Iran in the Persian Gulf and Oman Sea will be applicable. This paper deals with the right to innocent passage in the 1982 Convention and the practice of many states in this respect. It also compares those practices with the relevant Iran’s maritime zones law.

To reach to a society based on the rule of law and justice, the international community needs regulations that would be applicable to all members of international community, regardless of their bilateral or multilateral obligations and alliances. This applicability requires benign codification of the law of international responsibility. The draft of the United Nations International Law Commission (ILC) on "Responsibility of States for internationally wrongful acts", though is not yet an international treaty, is the most comprehensive document that concerns the international responsibility and the commitments of States toward international community as a whole. The present article aims to study the status of obligations toward international community within the framework of international law on responsibility of the State.