قانون

In this research, an attempt has been made to discover the commonalities and differencesbetween the realities and processes of Iran's foreign and domestic policy in relation to Russia andngland during the time period of Mirza Taqi Khan Amirkabir's chancellorship. Therefore, it has sought toanswer the main question that modernity and the structure of the powerful statein the political thought MirzaTaqi KhanFarahani "Amir Kabir" can be analyzed and analyzed under the influence of what elements and factors, and its main hypothesis is the Amir's policy towards the reform measuresofFrance, RussiaOttoman and other European countries, Prussia and Austria. According to the political geography of this country, it is placed in the framework of providing national interests and strategy and strategic influence and depth in the form of nationalism and balancingism. The results of this research show that the Amir's foreign policy towards the two powerful countries, Russia and England, was based on "equality", which Dr. Gholam Mohammad Mossadegh, known as "Negative Balance" and later the merchant engineer of the interim government in the Islamic Republic of Iran, based his foreign policy on. It was built on the basis of "balance", the principle of which goes back to the years 1227-1230. The purpose of this principle is to maintain Iran's independence against England and Russia, two rival empires that were Iran's biggest concern at that time. It was through taking the attitude of "neutrality"or non-alignment.The corner stone of the non-alignment movement was not in "Bandug" Indonesia 1954 norin Belgrade "Yugoslavia" (1960) but in Iran by the heroof the fight against colonialism. Mirza Taqi KhanAmir Kabir wasappointed as the uniqueminister.

In this research, an attempt has been made to discover the commonalities and differences between the realities and processes of Iran's foreign and domestic policy in relation to Russia and England during the time period of Mirza Taqi Khan Amirkabir's chancellorship. With the death of Abbas Mirza, the reforms he wanted during the ministry of Haji Mirza Aqasi Sufi (1215-1227) were consigned to history. Also, the weakness of the government led to riots in the cities of Tabriz, Mashhad, Shiraz, and Isfahan. This situation caused Mirza Taqi Khan Farahani to come to work. His efforts towards a powerful government will not be created unless rule of law and legalism are institutionalized in that society. The precondition of such a situation was nothing but political-social and economic reforms, for this purpose, modernism and the powerful government were taken into consideration in the thought of Mirza Taqi Khan. In this research, the main question is what was the modernity and structure of the sovereign state in the political thought of Mirza Taqi Khan Farahani. Also, descriptive and library method has been used in this research. The findings and results are that the actions of that unique minister became the ultimate light for Iranians and Iran's next strategy.

Law as one of the most important concepts of Iran's constitutionalism was considered by all the thinkers of that era. Akhundzadeh, as one of the intellectuals, noticed this concept and thought about it. His discourse on the law consists of several parts. First, the importance of law and its necessity in Iran. Second, pay attention to the point that until some preliminary actions are done as required by the law, we cannot hope that the writing of the law will bring us the results we want. Akhundzadeh took the side of the law in an important action regarding the relationship between the law and the Sharia, and in this respect he was distinguished from his contemporaries. He believed that the law and the Sharia have two different theoretical bases and it is impossible to compare them and make the Sharia the basis for writing the law or consider both as the same. In his critical review of Mirza Yousuf Khan Mostashar al-Dowleh's book he specified his positions regarding these two concepts. In this article, an attempt has been made to examine Akhundzadeh's view of the law and its relationship with the Sharia by relying on his works.

The law on the uniformity of clothing and the subsequent standardization of the clothing of government employees, especially women, was one of the preconditions for the passage of the law on the discovery of the hijab and greatly influenced its process. These two laws are one of the main actions of the government in order to modernize Iranian society, especially women, and change the Qajar culture to Western culture. The study of the measures taken in Gilan, as an important state in the development of contemporary Iranian history, is one of the main objectives of this study, which is a historical and qualitative study method to research and study more than 250 pages of archival documents and library resources. O paid. The key question of the present study is this point; What was the attitude of the Gilanis towards the law on the discovery of hijab during the reign of Reza Shah? According to the studies, the main factor in the rapid adoption of these laws in Gilan is the influence of Western thought, culture and civilization in this region and the familiarity of the people with it. One of the most important consequences of the discovery of the hijab and the unification of the cover of different ethnic groups in Iran is that this action destroys the nature of Iran and its ethnic diversity and endangers the existence of people in different parts of Iran.

Civilization in its general sense is an urban social system based on morality and law. The establishment of the government by Imam Khomeini was based on a philosophical and theological basis that had the concept of civilized order. Paying attention to the good system in creation, the existence of a causal system, the argument of order and the argument of wisdom, is the theological and philosophical basis of Imam Khomeini to create a new order of Islamic civilization. This research seeks to study the foundations of civilizational order in the theological and philosophical thought of Imam Khomeini. Therefore, in order to study this issue, the author has collected materials in Imam Khomeini's works that indicate the concept of order in Imam Khomeini's philosophical and theological ideas and has adapted them to the concept of civilized order. The findings of this study indicate that Imam Khomeini, based on his philosophical basis and theology: 1. The world was ruled by a divine order, which he explained in the form of a good system. 2. This system has a practical mechanism in the form of a causal system. 3. According to these principles, the correct extraction of the regulatory materials of human society leads to the happiness of this world and the hereafter.

Constitutional Revolution changed the tradition toward the presence of the general public in power affairs and political battles. Therefore, the level of people’s understanding of the Constitutional concept is significant for understanding various aspects of the Constitutional Revolution. In this study, the proceed of the virtual evolution of the Constitution among the general public and inferiors has been investigated in Azerbaijan in the Constitution era using original and authentic references based on the content analysis method. The main question is what conception of Constitution existed among the general public of Azerbaijan. Due to the unfamiliarity of Iran society with the Constitution, this concept was strange to the majority of people, and there was no clear illustration of its nature and contents. For this reason, the majority influenced by constitutional activists perceived the Constitution based on their needs and not its real nature. They found it linked to the social welfare, comfort, justice, and the end of the cruelty of government organizations (agencies). The general public wanted to improve their economic and social conditions and thought they could achieve it via establishing a Constitutional government. The point is that this lexicon became equivalent to seeking justice and law because there was hope for passing law for better conditions.

Fereydoun Adamit is one of the most important historians of contemporary Iranian history. He can be considered a "historian of progress" in Iran, because in most of his works, the reference to the principles of modernity and progressivism and in monographs, the reference to the most important Iranian progressives represent this issue. His attitude towards tradition and identity as well as the elements of modernity in his writings is very important, because an important part of historical knowledge about the history of modernity in the Qajar era is derived from his works or is influenced by his works. This article seeks to answer the question of what has been humanity's approach to modernity? Humanity considered the idea of ​​progress from the West as the main field of progress in Iran and analyzed it with its historical studies, considering first-class documents and writings. In order to gain an understanding of his historical thought as well as his modernist historiography by analyzing his writings on modernity.

The discourse of Iranian constitutionalism as a semantic system in which a variety of socio-political and economic factors have been influential in the process of its evolution, in order to represent it in a way that can be scientifically examined, needs to pay attention to all its contexts in a clear and understandable combination. With the time of its emergence. Examining the conceptual elements and contextual variables and the historical context in the constitutional space shows that the long years of Qajar rule in Iran (based on reliable historical evidence and sources) are full of tyranny, oppression and government corruption, poverty and economic backwardness. Ignorance, ignorance and superstition have been the rule of foreign domination, chaos and public insecurity, which, relying entirely on superstitious and reactionary interpretations of religion in public opinion and the minds of human subjects, always seemed a natural and predestined situation. Contemporary Iranians mainly believe that the first contact of Iranian thinkers with the achievements of Western civilization and understanding of the backward "us" and advanced "them" was the beginning of the emergence of constitutional discourse and efforts for fundamental changes in the intellectual and socio-political system of the country. Its various aspects can be represented and analyzed through discourse analysis.

The legal and political concepts of constitutionalism are of great importance in the thoughts of the thinkers of that revolution. These concepts need to be defined and explained, because in most works related to constitutionalism; this aspect of their views has not been addressed. The notion of parliament is one of these very important concepts. Akhund Khorasani, as one of the leaders of the Constitutional Revolution, paid special attention to this concept and believed that the parliament closely related to the basis of constitutionalism, that is, the restriction of power. In this article, an attempt has made to study the concept of the parliament, the principles of the parliament, the goals of the parliament and the duties of the parliament in Akhund Khorasani’s point of view, as well as the role of jurists (Foqahā) in parliament and the relationship between the parliament and its representatives with the people. Akhund Khorasani has tried carefully to examine each of these aspects in his writings, which, of course, due to the lack of independent treatise, these issues are scattered in his writings.

The deal with the role and position of Iranian women within the family or their presence in the society entails numerous studies and investigations in various branches of the science of history. What which distinguishes this research from the other researches and investigations done up to now is its relation to one of the most important and applicable bills approved in Iran’s National Assembly. The law enacted in Tir, 13, 1347 SH, and after the agreement by the Senate, and endorsed by King Mohammad Reza Pahlavi, was a serious development on Iranian society approach to the women’s role and their social position. This new approach, and creation of a situation and paving the way for women in Iran’s contemporary society, was in opposition to a great deal of cultural and religious values governing Iran’s society at that time and earlier. Perhaps, in sufficient studies on the backgrounds was a factor which caused Iran’s Assembly to enact a law which, during one decade of its execution, to be modified twice and canceled after statistics, this law was in favor of Iranian women’s society, especially rural women. This law was also in close relationship with the long-term goals of Iranian rulers and the king of the time, Mohammad Reza, in line with Iran’s Modernization.

According to Iranian political culture, law reference referred to two institutions of reign and clergy simultaneously. Democracy and separation of powers entered Iran after Constitutional Revolution. Iranian thinkers realized the Consolidation of power in government and try to reform and divide it into Legislature, executive, and judiciary institutions. The main question is who and in what historical context conceived and studied this idea? It seems that Iranian thinkers had two separate assemblies which one of them was codification and the other is law enforcement. The method of this study is based on library books and was a descriptive and analytical approach and survey on the idea of separation of powers in thoughts of Iranian thinkers.

The Achaemenids were more concerned with justice and its implementation than anything else, which entails social discipline,and sought to consider justice beyond its individual dimension in the social dimension, given the role of the state.Considering the close relationship between justice, order and security, the present study seeks to answer the question that how the formulation of law and justice of the Achaemenid kings affected social order? The research method is descriptive-analytical based on a documentary-library study and the purpose of this research is to explain the effect of legal laws and the justice of kings in ensuring order and security in Achaemenid period. The findings show that many of the decrees of the Achaemenid kings were issued with a legal theme and included two types of divine law and royal law. One reason to issue these orders and the justice of the Achaemenid kings is to ensure order and security in the country. The results of this study also consider the influence of religion on the enactment of laws by the Achaemenid kings.The purpose of its implementation and the emphasis of the kings on justice is to create a government whose domain is wisdom, truth and goodness and justice brings order to the city and country. People can live in peace and security under the laws, and expand the manifestations of material life, and the manifestation of these laws must be the spread of law in the world and the prosperity and well-being that comes with it.

Antiquities are property that is one hundred years or more old. These objects are part of public property and cannot be privately owned and are given to the government for protection. A person who obtains such property by unauthorized excavation is considered a criminal and in addition to confiscating the property, he is sentenced to imprisonment. but anyone who accidentally acquires this property, must hand it over to the Cultural Heritage Organization and be paid a fee for the right to discover it. If the antiquities are made of precious metals and jewels and are discovered in private property, it is paid equal to twice the daily price of its raw material and in the case of other objects, half of this amount. This amount will be reduced by half if these items are found in others land. This is not in accordance with Imami jurisprudence. According to the jurists, the treasure and any treasury belong to its discoverer and the only duty of the owner is to pay khums to the Islamic ruler. Current laws for protection of antiquities isn’t proper. First, the amount of the discover- right is very low, because in calculating it, only the value of its raw material is calculated. Secondly, due to the high costs of exploration, it is necessary to provide the necessary plans for private sector participation in this field: Such as transferring part of the daily price of the discovered objects to the private sector or these objects are exposed to the public in the form of a museum or exhibition and its revenues are distributed according to the contract between the government and the private sector.