hossein javan arasteh

Constitutional law is a branch of public law and serves as the foundation and source for the legal structure that governs the formation and administration of the state and its people. This matter takes on particular significance within the Mahdavi government, as Islamic teachings and thinkers offer specific perspectives on the political system and the scope of constitutional rights in this government. The aim of this study is to outline the nature of the political system and define the legal framework upon which the Mahdavi government is established and under which rights are upheld. This research seeks to answer this question: Does the Mahdavi government possess a unique political system and benefit from specific constitutional rights that encompass the various domains of individual and social life? The study employs a library-based methodology, collecting data from reliable Islamic and academic sources. The content has been analyzed through content analysis and meta-analysis. The findings indicate that the political system and constitutional rights within the Mahdavi government are divine and Islamic, public and comprehensive, grounded in Islamic teachings, and aligned with human nature. The right to establish a government is a divine right bestowed upon the Imam, who exercises delegated political authority from God. Based on his infallibility and divinely granted position of Imamate, he forms a government, and his officials are appointed. People participate through allegiance, approval, and oversight of the officials' performance. From both political and legal standpoints, the scope of the Mahdavi government is universal, comprehensive, and exercised with complete authority over all lands and peoples. The Imam’s approach to rights incorporates both material and spiritual dimensions, encompassing all individual and social aspects to the highest degree.

Upon assuming the caliphate, Imam Ali (AS) faced opposition from various factions that had lost their perceived gains during his 25 years of seclusion. Among these groups were the Qasitin, who, for more than two years, openly opposed and waged war against the Imam, forcing him to confront falsehood, hypocrisy, and deceit. Their rebellions led to significant divisions and bloodshed among Muslims.This research was conducted analytically and examined the words of Amir al-Mu'minin (AS) in Nahjul-Balaghah about the Qasitin, their goal and method in their hostility towards the Imam (AS), and also the consequences of the formation of the Qasitin.The findings of this study show that the hypocrisy of the leaders of the Qasitin movement was certain. They, motivated by reaching the position of the caliphate as the highest political position and the treasury as the largest financial source of Muslims, sought to dominate all Muslim affairs so that they could destroy the religion of Islam. In this way, they used hard tools such as direct and proxy war and soft tools such as changing the concept of imamate to caliphate, psychological warfare, and arbitration. This movement led to the emergence of the Battle of Siffin and Nahrwan and subsequently created different ideological and intellectual schools of thought, each of which became a source of disagreement among Muslims.

Huntington, the owner of the theory of the clash of civilizations, believes that the West has declined and to revive it, a new order must be created in the world. Considering Western civilization to be superior, he challenges Islamic civilization, which is the only civilization that threatens the West, with objections, especially in the field of human rights. The basic question of this article is, what is the relation of the mentioned theory with the categories of human rights and human dignity? According to the findings of this research that is received by addressing the issue of human dignity in the field of human rights and Islamic principles; The human rights claimed by the aforementioned theorist are devoid of the content of value dignity and the right to a decent life, responsible freedom and ultimately a good life does not exist in it. The result of this is the spread of social corruption, and thus their problems in the field of human rights on Islamic civilization are incomplete.

The present article seeks to investigate the theoretical foundations of human rights in Islamic thought.  It would briefly overview the foundations of human rights in international law as well. By reflecting on the epistemological, cosmological and anthropological foundations of human rights in Islamic thought we can reach a realistic view relating to human being and his/her identity thereby justify human rights. Divine rights include two collections of rights: statutory rights that are recognized for human beings in the Book and Sunnah and those rights that are originated from Fitrah and nature. From an Islamic point of view, there is no contrast between Divine rights and those originated from Fitrah. Using reason and the revelation, legal school of Islam is one of the most reliable and reasonable sources for clarifying Fitrah and natural rights. Basing human rights on dignity is logical when correlation between human being and dignity is referred to correlation between humanity and dignity. That being the case, potentiality of humanity leads to potentiality of dignity and the actuality of the former results in the actuality of the latter. All of the results of secular human rights are not necessarily in contradiction with Islamic views and there are cases in which, despite difference in foundations, similar results can be seen. Accordingly, most of the articles of UHRD can be confirmed by Muslims.

Job security is one of the most important issues in the field of work relations between workers and employers. Based on this, considering the inherent inequality between the parties of the labor relationship, i.e. the worker and the employer, labor law regulations should take steps to ensure job security. The analysis of job security in the light of Iran's labor law can be examined from two aspects: the first discussion is the issue of temporary employment contracts, and the second axis of discussion is the issue of firing workers, which must be done according to certain formalities. According to the ambiguities in the labor law and the differences in the inferences in the articles in question, the Administrative Court of Justice, as a judicial supervision authority, sometimes in the capacity of issuing unanimity votes by the general board and sometimes through its branches, takes steps to develop procedures on the issue of job security. has done The results of this research show that the situation of job security in Iranian law is seriously compromised. The research method in this study is descriptive-analytical and library method was used in collecting sources.

Promotion of good and prevention of evil is the most important command of the legislator in the area of public supervision among Muslims. From the early Islam up to the present time these two essential religious obligations have played a crucial role in dynamism and mobility of Islamic society towards ideals. One of the research requirements in the area of promotion of good and prevention of evil is to study these two religious obligations with regard to other overlapping topics like inviting to the goods, avoiding the ignorant, and so forth. The present article, using a descriptive-analytical method, focuses on the verse 199 of the Sura Al-A'raf “wa a'raza 'an al-jahilin”. Meanwhile, it studies the applicability or inapplicability of the concept of promotion of good and prevention of evil in relation to the Quranic interpretation of avoiding the ignorants based on the view of the exegetes and jurists. Considering the two different approaches of analyzing the promotion of good and prevention of evil, the research findings show two different results If legislator has a vocative taste in the promotion of good and prevention of evil, because avoiding the ignorants is not vocative, it does not mean it, but if these two obligations are canonical, considering the fact that the criterion of the legislator for making them obligatory is to establish the good and eliminate the evil, the criterion also exist in avoiding the ignorants and will be relevant to these two obligations

The present article seeks to "examine the place of IPC contracts in the general policies of the resistance economy, the oil law, and the development program laws." From this perspective, after expanding the conceptual space of the issue, it will examine the position of oil contracts, especially IPC. According to the thematic documents presented in this research, the research method is descriptive-analytical and the data collection method in this research is a library. The case of investment in the oil industry has changed so that the law of the Third Development Plan and the law of encouragement and protection of foreign investors and the law of the fourth development plan explicitly allow the use of the method of participation in the oil industry in the form of IPC contracts. Second, special laws, such as the Oil Law of 1336, recognized the production sharing agreement, and the NOC had broad powers in the field of oil operations. This law allowed the conclusion of any contract, but according to other laws, the model of participation in production as an agency was considered by the legislator.

In this study, the two theories of Hobbes' Absolute State and the State derived from the theory of Absolute Guardianship of faqih are examined by the framework in which the political theories of Thomas Spriggens are examined and understood and relying on the mutual rights of government and citizens. The findings of the article show that apart from the verbal similarity between the two terms absolute government and absolute sovereignty and the existence of some similarities in the necessity of existence and functions of government, there are serious differences both in principles and meanings and in the characteristics and functions of government. The Hobbesian government does not adhere to principles such as popular sovereignty, the rule of law, oversight, and citizen participation in governance, while reflection on the theory of absolute sovereignty shows that it does not contradict the aforementioned principles. This research has been done in an analytical-descriptive way and using library resources.

Freedom of opinion is at the top of the list of civil liberties in terms of importance and sensitivity. Freedom of opinion, depending on its various dimensions, can contain different rulings both in terms of the principle of acceptance and in terms of the restrictions imposed on it. In a descriptive-analytical way, this article examines the six dimensions of freedom of opinion based on Islamic standards and the Constitutional Law of the Islamic Republic of Iran, and, if necessary, takes a look at international human rights instruments. By avoiding extremist and deviant approaches, the findings of the article show that freedom of opinion as a whole is recognized in the Islamic legal system and with the considerations within the scope of this freedom in any legal system commensurate with its specific requirements, one can find in general alignment between Islamic thought, the Constitutional Law of the Islamic Republic, and international human rights instruments.

The good and the evil can be ethical, jurisprudential and legal and each of them will be identified through its specific criteria. There are various views among the experts about their sources of recognition. The main question is: what resources should be used to identify good and evil and whether there is a difference between these sources in jurisprudence and law? This paper, by examining five theories, defends a theory that differentiates Islamic jurisprudential good and evil from law-based good and evil. The findings of this paper proves that in jurisprudence, sources of recognizing the good and the evil, are religion and reason; but in legal terms, for the exclusive ways of identifying the good and the evil are the law, rules, and regulations.

Human dignity has been widely considered both in religious thought and in international documents, and efforts have been made to recognize many legal effects, particularly in the field of basic human rights. This article seeks to answer this important question as to what is the basis for dignity in the Qur'anic approach and whether the human can claim his basic rights such as equality and freedom based on it. International human rights documents have underscored dignity as the basis of human rights, however it do not dwell on the basis and the meaning of dignity which require serious contemplations. The findings of the paper show that human dignity in the Qur'an is due to his "reason and nature" and God honored man by the virtue of these two blessings. In such a case, the necessity of linking human rights with dignity is to make a link between the rights and the reason and nature, while no one among the human rights advocates has bound himself to it. On the other hand, assuming that human dignity has legal effects, the fundamental difference is the relation between human and dignity in a non-religious approach with the relation between humanity and dignity in the religious approach which separates the paths of these two.

The idea of separation of powers has been recognized as a model which was first developed and favored by Thomas Hobbes, John Locke, Montesquieu and Rousseau and was progressively adopted by political systems and constitutional law of various countries. Few other countries can be found today that their structure – although seemingly – are not organized on the basis of separation of powers. This paper attempts to investigate Iran’s position on the issue of separation of powers. Since the political system of I. R. Iran has been inspired by the political system of Islam, then the most important question must first be answered here is whether the separation of powers is adopted by the political system of Islam considering its basic principles. In addition to theoretical and practical problems this theory faced with, the present paper proves that the political system of Islam does not validate the real philosophy of this doctrine. Though, I. R. Iran had authenticated the separation of powers but established its principles based on its national needs. The separation of powers which is officially recognized by Article fifty seven of Iran’s constitution is consistent with Islam’s political jurisprudence and the rationale governing Western doctrine of separation of powers failed to impose itself on I. R. Iran’s model of separation of power.

Culture as the main component of soft power in any society is concern with its role. In Islamic culture, the institutionalization of a sense of responsibility for the realization of universal and public oversight (supervision unofficial) is a unique and privileged position, responsibility and supervision, but more or less in all societies, but in Muslim societies, are for many different reasons it strongly, resulting in much greater breadth and depth. This paper, therefore, review the establishment of Enjoining and Reliance to analysis testimony to prove that the institutionalization of culture, culture of resistance, spirituality, esteem scientific capability, all in the reproduction of soft power as significant contribution in the shadow of Enjoining and Reliance morality is possible and if this is done using the right methods, the purest form of power control and the benefits will be benefit able. For utilizes culture in various aspects of the duty should be the priority of people and leaders And only in this way that the Islamic establishment will have the potential to become soft power and could very well be released for inspiration to others. The method of this paper is rational - narrative, analytical and sometimes critical process.