صلح

The Peace court is one of the innovations in Iran`s legal system  due to establishing peace and reconciliation among persons in the society as possible. for the first time the Law of Dispute Resolution Councils of 1402/6/22 that established by specific provisions.The primary mission of the dispute resolution council is to facilitate reconciliation. However, over time, it has deviated from its original mission, lots its previous efficienery, and consequently led the legislator to enact a independent law for it.The purpose of this article is to critique the new law regarding the regulations governing conciliation courts. This research shows that despite the passage of time and the gaining of many experiences by legislators and lawyers, there are still many legal loopholes in this law, and it is necessary to amendment some of them. these criticisms divided in three groups:(1)Critique from the perspective of legislative structure, (2) legal ambiguities, (3) lack of alignment with the legal system. For examples: Discrepancy between the name of the law and its content, the non-observance of the legislative order in the creation of a new judicial institution, the ambiguity in the relationship between the new peace courts and the former peace courts, the structural and formal disproportion in the articles of the law, the creation of courts with the composition of the general court but with a different jurisdiction, handling family lawsuits in peace courts without regard to the requirements for family lawsuits, unfounded differences in jurisdiction, determining the court branch in the text of the law, illogical duality in legislation, indecision in the litigation of litigation costs, arrangements that lead to the extension of the proceedings, ambiguity in the concept of Quorum in these courts, ambiguity in some jurisdictional titles, lack of coordination in appealability and also ambiguity regarding the filing of lawsuits. The supervisor pointed to the state and public property and funds in the peace courts.

The occurrence of disastrous consequences of climate change is a manifestation of the intensification of climate instability in a wide area of ​​the planet. This study has been carried out with the aim of evaluating the relationship between the category of international conflicts and the extension of the cancellation of climate treaties. In addition, it is stated that the demand for peace by the subjects of international law will enable the acceptance, synergy and realization of climate justice. The development of mechanisms based on climate justice will be an effective and fair way to achieve the right to have a sustainable climate for all governments and subjects of international law. From this point of view, this study has been done in three operational research phases. Also, in this research have been conducted a review of climate law texts and a survey of experts. In the results of the research that in recent years, it was concluded, the occurrence of international conflicts and the lack of peace among governments have a high impact on the failure of climate treaties. Commitment to the implementation of mitigation and adaptation mechanisms through peace and climate justice legislation is effective in mitigating the risks of climate change.

According to public law scholars, in modern democracies, the concentration of power and its corrupt succession are prevented as much as possible. As a result, it is claimed that in these democracies, power or sovereignty is for the benefit of all. The purpose of the present study is to explain the right to limit power within the framework of the theory of sovereignty and the theory of globalization in the light of jurisprudential sources. This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed. The theory of globalization has two important pillars, namely justice and peace; both the theory of globalization and its two important pillars are specified in the Quran and Sunnah. This shows that the sources of jurisprudence have explicitly accepted the theory of globalization and the adjustment of sovereignty. Researchers following the theory of globalization in line with the human right to adjust power have turned to factors such as the right to universal participation, the principle of tolerance, the principle of majority rule and respect for the minority, the principle of equality, and the principle of wise distribution of power, all of which have been accepted in jurisprudential sources, including the Quran and Sunnah.

Given the extensive scope of damage compensation rights and the intricate regulations governing them, parties involved in actual or potential causes of loss constantly seek ways to ascertain the extent of their liability, hoping to avoid substantial and unpredictable compensation claims. This is only possible via the intersection of civil liability and contract law, which can manifest itself in various forms. However, there may be some complications. Despite their similarities, such agreements may result in different outcomes, and disregarding these differences can lead to adverse consequences. In this regard, a Contract of Conciliation offers useful applications and can serve as a reliable solution for compensating losses. However, compensation conciliation requires adherence to the principles governing such contracts. Although legislators sometimes deliberately restrict individuals' autonomy in matters concerning compensation conciliation, in instances where the law remains silent, judicial proceedings are required to address the related issues, shortcomings, and ambiguities. Compensation conciliation holds legal justification as long as it does not abuse the position of the injured party. Therefore, the authors used a descriptive-analytical method to state the problem and substantiate this argument. Moreover, no specifications were considered when investigating the general rules governing compensation conciliation except in cases of public order and mandatory laws.

Peacebuilding and transitional justice are the intervention processes that are very important in war-torn societies in the post-conflict period, and their relations with each other are worthy of attention. There has always been the challenge of revenge and forgiveness, that is, criminal justice on the one hand and national reconciliation on the other. Regarding the interaction between Peacebuilding and transitional justice, distinct, conflicting, and even contradictory opinions have been raised. The following lines are intended to comment on the interaction of Peacebuilding and transitional justice in the post-conflict period. Therefore, it is shown that these two are related to each other and work parallel in conflict situations. According to the topic under discussion, the current research is descriptive-analytical and it was done through the library method. The following article has shown that the peace and justice that takes place with the intervention and entry of peacekeepers and foreign forces (so-called top-down peace and justice) is different from the local peace and justice without the entry and intervention of outsiders. (so-called peace and justice from the bottom up) and they do not always have the same results. Therefore, transitional justice and Peacebuilding are not only in conflict with each other. However, the results of the study of the relationship between transitional justice and Peacebuilding indicate that these two processes due to only dealing with past violence, have caused socio-economic justice or normal and social daily behaviors to be marginalized.

The conceptual evolution of peace and security has extended the term beyond the narrow concepts of war and military threats; to the extent that today the establishment of peace and security in the international community is considered dependent on the provision of human needs and a dignified life. A humanitarian approach to the concepts of peace and security, on the one hand, and the inevitability of having access to sufficient and safe water to meet human needs, on the other, raises the idea of exploring the relationship between water resource management and international peace and security. Therefore, the main question of the research is: what is the relationship between water and international peace and security and what is the political-legal mechanism for achieving international peace and water security. Using a descriptive-analytical method in this paper, based on library data and review of the views of political thinkers and international instruments, show that water and international peace and security are closely related to each other so that water, on the one hand, can be a factor in establishing international peace and security, but on the other hand, if this valuable material is not properly managed, can be a stimulus for disrupting peace and security at various national, regional and international levels. Meanwhile, the water cooperation policies of governments facilitate and supply water security in the international community, and international law can regulate, strengthen and guarantee this cooperation.

Recent developments in the realm of cybercrime and cyber-technological terrorism— particularly the exploitation of cyberspace by terrorist organizations—have given rise to extensive legal challenges in areas such as human rights violations, jurisdictional competence, crime detection, punishment of offenders, and international cooperation. Cyberterrorism, which emerges from the intersection of terrorism and cyberspace, conceptually differs from cyber-extremism, which is more closely associated with cybercrime.This study, employing a descriptive-analytical approach, demonstrates that the utilization of emerging technologies has rendered counterterrorism efforts increasingly complex and has necessitated the regulatory structuring of cyberspace in response to evolving security threats. Fundamentalist groups, leveraging concepts such as “electronic jihad,” exploit cyberspace for recruitment and propaganda. A precise distinction between cyberterrorism and cyberextremism facilitates the formulation of effective and coordinated responses; namely, the eradication of cyberterrorism within the framework of international law, while countering cyber-extremism remains within the domain of domestic legal systems.

The fragility and instability of peace issues in the world, requires investigating the factors of this instability from the perspective of international law, especially, Chapter VI of the United Nations Charter. This paper seeks to examine the reason for the instability of peace from a legal point of view and also to provide legal and objective solutions in order to help the peace process to end the armed conflicts, adapting the negotiations, agreements to the rules of international law. In this context, the premise of this paper is the  chapter 6 of the charter, the agreements made, the role of the security council, the general assembly and international judicial institutions, but in order to synchronize these processes, we need a legal evaluation so that peace is realized and the end of this process really contributes to the establishment of peace, not a peace to start the war again. What we are witnessing, the opinionated approaches to the fight against violence and its symbols. Inspite of inequalities and injustices, it is naturally not possible to talk about lasting peace without considering strong legal structures. Therefore, investigating legal solutions for creating a constructive and sustainable peace are necessary to protect the peace-making process.

It has not been more than a few decades since the creation of timeshare, and for this reason, it has not been mentioned in Persian law books as far as it has been investigated. Time sharing (sharing time) or selling time is a new contract that was formed based on the needs and desires of contemporary people. In confirming the legitimacy and necessity of mahayat, there are authentic documents from the book, tradition, rulings of reason, and intellectual foundations. One of the basic pillars of mahayat is the existence of distribution in ownership or usufruct. This division preceded the existence of a state of "sharing of rights" and its subject is always common. This feature is the distinguishing feature of this institution from similar legal establishments such as time sharing. The issue of dividing the assets must be viable against the profit. Regarding the nature of the assets, the theory of peace is more powerful.

Peace, as a human right, has been the aspiration of the Afghan people for over four decades, as Afghanistan has been enduring war. However, achieving sustainable peace is not possible without inclusivity, especially with the participation of women, as peace is based on the principles of equality and brotherhood, and its realization is only possible through collective engagement. Afghanistan, apart from the post-Taliban era, has always witnessed the dominion of oppressive and discriminatory ideologies and structures, which have led to numerous conflicts. Wherever there is oppression, there will consequently be. Research Question This article seeks to identify how women can contribute to the realization of sustainable peace in Afghanistan. Therefore, it is based on the hypothesis that by recognizing the official and unofficial role of women in various public domains, sustainable peace is achievable. In peace, the structures and situations that lead to conflict are dismantled.Literature Review. Regarding the role of women in achieving sustainable peace in the public legal system of Afghanistan, no work has been done in Afghanistan yet. However, considering the rapid developments that have taken place in the field of peace in Afghanistan, during my research, a significant number of studies have been conducted. Among these, there is the valuable research report titled "Women's Participation in the Peace Process in Afghanistan (A Case Study)". Another valuable work on this subject has been published by Dr. Omar Sadr under the title "Peace Processes in Afghanistan: People’s Perspectives", published by the Afghanistan Strategic Studies Institute. Another valuable article by Dr. Anahita Saifi, titled "Women, Peace, and Security in Afghanistan from the Perspective of the UN Security Council," was written in 2019. In this article, she examines the role of women in the peace-making process based on Resolution 1325 and the National Action Plan for Afghan Women, as well as the role of international institutions and women's participation in this process. Another valuable book, written by Mohammad Amin Ahmadi, who was also a member of the Afghan peace negotiating team, is titled "Peace in Afghanistan: The Struggle between the Republic and the Emirate." This book covers topics such as avoiding war, defending the republic and parliamentary democracy, a comparative study of the republican constitution and the emirate constitution, defending human rights within the framework of Islamic constitutional law, peace experiences and techniques, and finally, the legitimacy and sustainability of peace. This article has explored new horizons by, firstly directly addressing the issue of peace while considering the Afghan public legal system, and secondly, by being  written concurrently with the latest news of peace negotiations and the confrontation between the Taliban and the Afghan government before the fall of Kabul, and referring to many recent meetings and events for the first time. Hence, it can claim to be new and original in its subject. Alongside that, our outlook on peace in this article is about sustainable peace that goes beyond ending war and conflicts and focuses on good governance and empowerment. This aspect has not been paid attention to in previous articles and sources.

This article aims to contribute to increasing knowledge in the field of sustainable peace, with an emphasis on the role of women. In practical terms, it aims to assist in the current situation of Afghanistan which is on the brink of new developments in its political system, and provide a practical response to women's concerns arising from the Taliban's return to power in Afghanistan, as well as to strengthen the discourse on the role of women in achieving sustainable peace in Afghanistan and help guarantee women's rights as a vulnerable part of the country.  This research has been conducted with a descriptive-analytical method.

Not until the social and cultural infrastructure is fundamentally reformed will top-down reforms to enforce the empowerment of women and project-based plans to increase their contribution in society achieve the desired result.

The analyses in this article prove that the mechanism for achieving peace in post-war Afghanistan has been vertical (from top to bottom), and there have been significant international legal documents and domestic laws based on which many institutions and organizations have been created. However, what has prevented the realization of the goals set to achieve peace in Afghanistan are the structural and cultural problems in this area that have hindered women's participation in the desired positions.Therefore, to achieve peace, the structures and conditions that cause conflict must be eliminated. Moreover, to achieve sustainable peace, we need a structural reform that includes the participation of everyone, regardless of gender and ethnicity, as well as a cultural reform that supports political inclusivity. of the absence of peace in the current situation is evidence that, due to the lack of appropriate conditions for the participation of all Afghan citizens, especially women, the peace process has reached an impasse.

To conclude, although the political system in Afghanistan after the war is defined as a modern and democratic system, its foundation is still the traditional and outdated national and tribal culture that has prevented the engagement of ethnic and social minorities and women in the body of the system as official actors. Therefore, women's struggles in recent years have primarily focused on reforming these structures and breaking down traditional anti-women structures, and because of the obstacles in front of their official actions to achieve sustainable peace, most of their efforts have been carried out through informal channels.

The peace treaty between Imam Hassan (AS) and Mu'awiyah is one of the most sensitive turning points in the first century of Islamic history. It was an event that had a profound impact on both major and minor issues in the Islamic world and, in a way, completely changed the course of Islam and the goals of the Muslim Ummah. Therefore, most historians and history scholars, from the early days of Islam to the present, with all their thoughts and even different religions, have expressed their opinions and presented their analysis on this matter. However, due to the fabrications of the forgers of Hadiths and history who, at different times, had introduced many rumors into Islamic sources, it can be claimed that most of the analyses are false and unfair. Now, we have tried to present two analyses that are closer to the truth than the others and to examine the strengths and weaknesses of these two views. By examining the two books "The Peace of Imam Hassan: The Most Glorious Heroic Concession" and "Imam Hassan (AS) in the Face of the Umayyad Schism", we find that Sayyid Sami al-Badri's view is free of the forged narrations of the forgers of hadith more than Sheikh Radhi al-Yasin's view. In general, it can be said that Sheikh Radhi al-Yasin considered the result of Imam Hassan's peace to be the exposure of Mu'awiyah and Umayyad thought, while Sayyid Sami al-Badri considers the result of peace to be the elimination of the Umayyad schism. Now, in this article, we will discuss and criticize these two theories in detail.

The formation of a common security system in the Persian gulf region with the participation of the states of the Persian Gulf and far from any foreign forces has been always part of the foreign policy of the Islamic Republic of Iran. In this regard, The President of Iran, Hassan Rouhani, having realized this necessity and has proposed the Hormuz Peace Endeavour (known as HOPE )for the Hormuz Community in September of 2019 in order to provide a  framework for reaching sustainable regional security agreement in  the Hormuz community. Although, this idea was positive, endogenous, holistic and subject-oriented and proposed the gathering of states without any preconditions for resolving regional issues with the secondary role of world powers and under the auspices of the United Nations, but due to the deep-rooted and long-standing challenges of the region and the new balance of power, as well as the representation of the nature of global security in the Persian Gulf, it is still not welcomed and viewed with pessimism. Despite the cultural similarities and common needs between the countries of the Persian Gulf, the presence of foreign forces is an obstacle to achieving a security order for cooperation between the countries of the region. The Hormuz Peace Endeavour has the ability and capacity to lay the groundwork for a cooperative security order. This study seeks to express the strategic challenges and solutions to achieve the Hormuz Peace Endeavour.

In order to survive, mankind must live and cooperate with each other in communities. This need and capacity for cooperation creates questions about how to organize the relations of society members."Justice" as one of the most fundamental concepts in the Islamic school of thought and current human rights plays a decisive role in this field. Religion has always played a powerful role in shaping the ideas of social justice, repression and liberation, which can be used as two sides of the same coin, both as a means of abuse and to promote social justice as a moral obligation. This article aims to present a general map of the methods of understanding justice in the field of Islam and modern human rights by using the descriptive-analytical method and library and internet resources. An issue that has become one of the important challenges between Islamic law and contemporary human rights is the differences that result from the concept of justice in the interpretation of Islam and human rights. The results of this research show that monotheistic religions, especially Islam, have contributed significantly to the development of more just and humane societies than any other thought. Therefore, it seems that trying to inspire human rights documents from Islamic teachings is not far-fetched. If human rights thinkers find the complete model of human rights in the writings of Islamic thinkers, away from any unilateralism, the seeds of developing human rights, more developed and humane than in the past, will gradually begin to grow.

The sale of military weapons to foreigners, which is considered in jurisprudence as the sale of weapons to the enemies of religion, has been the focus of jurists since the beginning of the formation of jurisprudence. Regarding its permissibility or non-permissibility, some have attributed up to eight opinions to the twelvers jurists, of which three are the most important. A group that believes in absolute sanctity has issued a fatwa, a group has distinguished between a state of peace and a state of war, and has ruled that the former is permissible and the latter is sacred. Each of the above two groups have based their views on narrations. And the third point of view is the view that Imam Khomeini had on the issue, and based on his government approach, he considered this issue to be subject to the opinion of the Islamic government, which should take a position based on the general interests of the society, and in cases where the sale of these weapons is expedient, it is permissible to sell them. And in cases where there is corruption involved, selling it is forbidden. Therefore, neither peace nor war is the subject of judgment. On this basis, there is a difference between the jurists regarding the status of the issue, and the more correct view is that this transaction is null and void if it is legally forbidden.

Providing services based on information technology is one of the ways that startups use for various information technology systems to infer and earn more income. In the past few years, earning money in this way has been greatly promoted, so that there is not a day that users of communication technologies do not encounter advertisements of this category of services. This study aims to determine the nature of these types of transactions. The question here is whether this mechanism is considered as one of the conventional transactions, or is it a novel transaction that should be followed by its jurisprudence ruling in general terms and applications. This study is authored based on library sources and analytical-descriptive method and rational data. The finding of the study suggest that after examining the concept of services in information technology and explaining how to earn money through it, the basic characteristics of this mechanism are obtained. These characteristics can be seen in only four cases of transactions (lease, peace, Je'aleh, and istifa), each of which has its own requirements. The analysis of each of these transactions and the possibility of correcting the discussed issue with them clearly shows that the provision of services on the basis of information technology can be considered as mute lease.

The sale of military weapons to foreigners, which is considered in jurisprudence as the sale of weapons to the enemies of religion, has been the focus of jurists since the beginning of the formation of jurisprudence. Regarding its permissibility or non-permissibility, some have attributed up to eight opinions to the twelvers jurists, of which three are the most important. A group that believes in absolute sanctity has issued a fatwa, a group has distinguished between a state of peace and a state of war, and has ruled that the former is permissible and the latter is sacred. Each of the above two groups have based their views on narrations. And the third point of view is the view that Imam Khomeini had on the issue, and based on his government approach, he considered this issue to be subject to the opinion of the Islamic government, which should take a position based on the general interests of the society, and in cases where the sale of these weapons is expedient, it is permissible to sell them. And in cases where there is corruption involved, selling it is forbidden. Therefore, neither peace nor war is the subject of judgment. On this basis, there is a difference between the jurists regarding the status of the issue, and the more correct view is that this transaction is null and void if it is legally forbidden.

Justice is considered as one of the most complicated issues in the field of human relations, especially when steps are to be taken by the ICC in order to compensate for “victim’s damage” and “deal with criminals and punish them”. The complexity of this issue is intensified when the Court connects the realization of justice to the issue of peace, security and prosperity. The study of the concept of justice in the supplementary jurisdiction shows that the Rome Statute, by appealing to it, is trying to partially adapt normative pluralism to the performance of international criminal justice. At the same time, the concept of justice in the Rome Statute is based on different circumstances and situations. In addition, justice in its own special sense is based on the authentication of offender’s fault as well as the rehabilitation of the offender, and in its general sense also includes the interests (profits) of the victims. That’s why the Court in order to have a lasting impact on justice and peace, has established a unit to support victims and witnesses, as well as establishing a trust fund. The Court, meanwhile, enforces the retributive justice by punishing perpetrators of atrocity crime. Accordingly, the Court’s decisions were aimed more at deterring (preventive) with the aim of achieving peace and security rather than the proportionality of offence and punishment; thus, indications of compensation for inequality have been occurred, which is not the concept of retributive justice in its rulings.