جستجوی مقالات مرتبط با کلیدواژه « individual » در نشریات گروه « فقه و حقوق »

Contemporary Uṣūlī scholars have developed a fourth type for general istiṣhāb (presumption of continuity), which has been the subject of serious controversy. In Uṣūlī literature, the fourth type of general istiṣhāb refers to the istiṣhāb that the occurrence of the object is certain, and there is a secondary knowledge for the occurrence of a title that is likely to accommodate with the said subject; when there is a possibility that the title will accommodate with another subject, the first subject will be removed, if that title accommodates with that subject, it will forcibly remove the subject, and if it does not accommodate with it, it still has the ability to exist. Therefore, its existence is doubtful. With the realization of the pillars of istiṣhāb, the general istiṣhāb of the fourth type finds validity and authenticity in terms of confirmation, but some Uṣūlīs have absolutely denied its validity. Therefore, the main purpose of the present article is to review the subject and the rule of the general istiṣhāb of the fourth type and to explain its examples and manifestations in jurisprudence and law with an analytical-descriptive approach. According to the findings of this research, the objections of the opponents of the validity of the general istiṣhāb of the fourth type raised against sharʿī example, not to the principle of istiṣhāb. Thus, objections to the example should not be generalized to the rule. By proving the validity of the general istiṣhāb of the fourth type, the jurisprudential and legal manifestations and accommodations of this issue were discussed in the following cases: general istiṣhāb of the continuity of ʿĪd, general istiṣhāb of getting permission to make alterations in leases, mandated and interrupted endowment contracts, general istiṣhāb of kufr regarding apostates, and injustice in narrator-authentication of the testimony of witnesses.

The phenomenon of punitiveness of public opinion is complex and influential on policy making, which derives from varying factors. The rate and factors of this phenomenon are not the same everywhere and among individuals depending on complicated interaction between different influential factors. The purpose of this article is to investigate the effect of four variables on the phenomenon, namely knowledge, sex, religious beliefs and education in three cities of Tehran, Mashhad and Qom on three crimes of rape, embezzlement and establishment or membership of pyramid companies. The present study was conducted using a survey method. The study population included all people 18 years and older in three cities of Tehran, Mashhad and Qom. Were selected 180 of them as the research sample using the available sampling method. The descriptive statistics method was used to describe the data and the chi-square correlation test was used to test the questions.Findings showed that there is no significant relationship between awareness and gender variables with the tendency to punitiveness. The level of education variable also proved to have a significant relationship with the degree of punitiveness only in the case of the crime of rape. Regarding the city variable and its effect on the tendency to punitiveness, a significant relationship was found only in the crime of rape. The findings of the present study emphasize the importance of using criminal experts in legislation for various crimes, as well as the need to inform public opinion about the nature and social effects of various crimes and their punishment.

Civil disobedience in open and closed political-legal systems and societies (review of John Rawls and Hannah Arendt's point of viewsTheoretical discourses on the concept, justifications and functions of civil disobedience are challenging. In this article two point of views by Hannah Arendt and John Rawls have been studies in order to assess their functional consequences in non-democratic countries. Rawls believes that civil disobedience is an apparent, political and intentional violation of law which has taken by predicting its criminal consequences in order to persuade the majority people to make a trend and change the unjust situation to justified one. This model of civil disobedience belongs to democratic countries but in non-democratic countries, these movements follow fundamental changes. The question is whether this theory which is originally belong to democratic countries, can be applied to non-democratic countries or not?Arendt’s point of view doesn’t have those conditions. The act of a group of people has violated law without any personal benefit can be categorized as civil disobedience even if they want to make a fundamental change. This interpretation has mostly evaluated with the situation in non-democratic countries. Finally, the civil disobedience will be indicated as a concept which has two criteria: firstly, it should be coordinated with political and legal diversity within the society and secondly it can consider real developments in its concept.

The classification of waqf (endowment) as public and private is one of the most important typologies in this field. The heterogeneity in the nature of these two types has become the basis for issuing sets of different rules regarding them. Nonetheless, in the field of law, the identification of and the distinction between the natures of the public and private types have been addressed only briefly. In this regard, with the support of the scholarly literature on jurisprudence, a precise criterion can be developed and established for the recognition of distinction between these two categories, which can serve as a basis for the difference among the rules. If the benefactor considers definite individuals as beneficiaries and they are ascertained in the composition of the endowment, then the endowment is private. However, if the benefactor has not regarded definite and ascertained individuals as beneficiaries, and, instead, the fulfilment of material or spiritual needs of a body of indefinite and fluctuating body of persons has led the benefactor to give his/her consent to the composition of the endowment, then the endowment is of the public type. Hence, private endowment is the vesting of money or property for the use or profit of definite and ascertained individuals, while public endowment is about vesting in an uncertain and fluctuating body of persons.

The present research has been done to study the 'prohibition of selfhumiliation' as a general jurisprudential principle as well as to scrutinize its educational significations. Studies show that, despite the signification of the jurisprudential principle in sorting out and applying the rules, there are still some other rules and principles which have not been extracted or become well-known among jurists as a jurisprudential principle. One of them is "the prohibition of humiliating oneself [qa'eda ezlal al-nafs]". This research has been done in a descriptive-analytical way using references and library resources. Findings show that religious premises and concepts are general and inclusive and they have the capacity to be applied wherever necessary. The prohibition of self-humiliation can be considered as a preventive educational principle in both individual and social dimensions. The educational implications, therefore, include the necessity of a trainee's adaptation to human nature, the educational principle of self-avoidance in the face of moral evil, the principle of dignity and freedom, the principle of social dignity, and preservation of national authority.

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.

Establishing a real human rights system is depended on determining its subject; in other words, the knowledge of "anthropology". The anthropological views of philosophers and scholars on humanity include a wide - and contradictory range from Godhood to wolfhood, from good to evil essence, from a natural to an unnatural being, from the lordship to servitude, from an authorized to a non-authorized creature, from a mortal or a non-mortal entity, from a super sex to a male, and from purposefulness to aimlessness. Anthropologists also study human beings in various ways, such as observation and experience, or intellect or an extraterrestrial source, such as "revelation", but the best method is using a comprehensive and integrated approach along with the all means of cognition to identify all aspects of mankind. Using a rational-analytical method and comparing atheistic to the Divine approaches, this paper studies the pivotal components in recognition of the mankind's reality, such as the human's servitude, the human physical-spiritual identity, the human nature, the human dignity, the human authority, the human relationship with gender, the human purposefulness, the eternal life of man, the human social identity and etc. These components each have effects the concept of the human rights, which distinguishes the Divine human rights system from the atheist systems.

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.

Principle scholars look at general addresses including religious rulesdifferently. some believe general addresses are from foreign mattersand some believe general addresses are from real matters.According to these attitudes , the subjects in general addresses areindividuals not the titles mentioned in the address. Because generaladdresses analyzed to specific addresses are related to the numberof individuals, so there should be duty conditions in order to havetrue orders. In contrast to these two attitudes , Imam Khomeinibelieves the subject of these addresses are general title and natures,not individuals. order in these matters is not related to individualsone by one and these general addresses analyzed to specificaddresses are not related to the number of obliged people. So,characteristics and conditions of individuals are not reliable in theseaddresses. The result of accepting this attitude is resolving principleproblem in discussions such as opposite discussion or those mattersthat obliged person has general knowledge a bout. Because theorigin of the problem is conditioning of obliged individuals states(like power) for duty. It causes in some cases such as the address ofimportant a bout opposite things and the address about the dutybeyond obliged individual ability , the address is not focused on theobliges individual. In this paper, firstly, we have defined the addressand different kinds of it. Then, we have investigated different partsof general addresses separately. Different attitudes have beenmentioned about the addresses. Finally the results of attitudesdifferences have been offered.

This article examines the complex and arguable concept of right to development in the light ofInternational Human Rights law and interprets it in an operational manner.It moved the concept of development beyond the economic growth of states and past earlierUN debates which were centered on development as a right among states. By casting developmentas a Human Right, the Declaration brought forth an appreciation that developmentis not what happens as a result of economic growth or development planning, it is a processthat allows for the full range of rights and has its goal to pursue self-actualization of people inconditions of dignity through the exercise of their rights.