فهرست مطالب

نشریه مطالعات شبه قاره
سال دوازدهم شماره 39 (پاییز و زمستان 1399)

  • تاریخ انتشار: 1399/07/01
  • تعداد عناوین: 14
|
  • علیرضا آبین، احسان سامانی* صفحات 9-34

    یکی از مباحث اساسی در حقوق مسئولیت مدنی، مسئولیت افراد ناتوان ذهنی(صغار و مجانین فاقد تمیز و ناتوان در ادراک) است که در حقیقت یکی از مهم‏ترین ابعاد ناظر به کیفیت دخالت عناصر ذهنی و روانی است و در تمامی نظام‏های حقوقی دنیا از دیرباز محل مناقشه بوده است. بنابراین پرسش اصلی این است که چنانچه از سوی افراد ناتوان ذهنی، خسارتی به دیگری وارد شود، آیا افراد مذکور، مسیول جبران خسارت وارده هستند؟ براساس تحقیق حاضر که پژوهشی توصیفی- مقایسه ای، براساس ابزار کتابخانه ای است، علی رغم اینکه حقوق مسئولیت مدنی در قبال این مسیله، بر سر یک دو راهی قرار دارد؛ از یک سو مسایل عاطفی، اخلاقی و ناظر به انصاف و عدالت ماهوی، خواهان تعدیل مسئولیت مدنی این افراد می باشد و از سوی دیگر، دغدغه‏ایجاد شرایط مطلوب اجتماعی در سایه عدالت صوری محض، بر حمایت از شخص زیان دیده تاکید دارد، به نظر نگارندگان، در این مساله، آمیزه‏ای از عدل ماهوی (در سایه احساسات عمومی- عاطفی) با نظم (در سایه مطلوبیت اجتماعی) می‏تواند توازن و دورنمای مناسبی در راستای برقراری هدف غایی عدالت و توازن، ترسیم نماید و تعدیل مسئولیت این اشخاص را مبرهن سازد.

    کلیدواژگان: مسئولیت مدنی، ناتوان ذهنی، اعمال زیان بار، حقوق ایرن، هند، افغانستان
  • علیرضا خواجه گیر*، سروناز حیدری صفحات 35-54

    در مطالعات تطبیقی ادیان و مکاتب عرفانی مختلف اصطلاحاتی به کار می رود که با وجود اختلاف زبانی می توانند دارای تشابهات زیادی باشند. مفاهیم تری کایه Trikaya در مهایانه بودایی و حضرات خمس در عرفان اسلامی از جمله این اصطلاحات هستند. بحث جهان شناسی عرفانی و چگونگی سلسه مراتب هستی در مکاتب عرفانی از اهمیت بالایی برخوردار است. دو مفهوم حضرات خمس در عرفان اسلامی و تری کایه در آیین مهایانه بودایی از مهم ترین مفاهیمی است که برای تبیین مراتب هستی و تجلیات حقیقت در این مراتب هستی مطرح شده است.سیوال اصلی در این پژوهش اینست که با توجه به اینکه مفهوم خداوند به معنای مصطلح آن در آموزه های بودا بصورت صریح مطرح نشده و مفاهیم تری کایه نیز بعد از بودا در فرقه مهایانه مطرح شده است،چگونه می توان مراتب بودهی ستوه، نیروانه، دهرمه کایه، نیرمایه کایه و سم بوگه کایه را  از آموزه های مکتب مهایانه با مراتب جبروت، لاهوت، هاهوت، ملکوت و ناسوت در عرفان اسلامی با در نظر گرفتن جنبه های تمایز و تشابه مورد مقایسه قرار داد؟ و این مساله را که حقیقت واحد برای ظهور و حضور خود در عالم، تجلیات خاص خود را دارد در این دو مکتب با روش تحلیل مقایسه ای تبیین کرد.

    کلیدواژگان: تری کایه، حضرات خمس، ذات متعالی، مراتب هستی، مهایانه
  • مصطفی دشتی آهنگر* صفحات 55-78

    یکی از دوره های مهم فرهنگ ایرانی دوره صفویه است؛ در این دوره، تبادلات فکری و فرهنگی موثری بین فرهنگ ایرانی و فرهنگ شبه قاره هند، وجود داشته است. از سویی تاثیر شبه قاره بر فرهنگ ایرانی در اصطلاحاتی همانند «سبک هندی» آشکار است و از سو دیگر، بسیاری از شاعران ایرانی در دربارهای هند نقش مهمی در پرورش تفکر و زبان فارسی در شبه قاره داشته اند. این تاثیر و تاثرها جزیی جدایی ناپذیر از فرهنگ دوره صفوی است. هدف این مقاله، شناخت بهتر پیوندهای فرهنگ شبه قاره و ایران در دوره ای خاص است و بر این مبنا، یکی از سوالات این تحقیق، چگونگی تاثیر و تاثر فرهنگ ایرانی و هندی و پیگیری آن در شعر و معماری این دوره با تاکید بر اشعار صایب است. دیگر اینکه چه ویژگی های مشترکی بین معماری و شعر این دوره قابل شناسایی است. بنابراین این مقاله، با روش تحلیل مقایسه ای، به پنج مورد مشترک در هر دو هنر می پردازد و نمونه هایی برای آن ها ذکر می کند. این پنج مورد عبارتند از: توجه به جزییات دقیق، قرینه سازی، استفاده از رنگ های متباین، تزیینات و عدم نوآوری و تقلید، از جمله این موارد هستند که در این مقاله بررسی شده اند.

    کلیدواژگان: شعر سبک هندی، معماری، جزء نگری، تزیین، قرینه سازی
  • محمدرضا دهشیری*، محمدحسین نشاسته سازان صفحات 79-106

    دیپلماسی حقوق بشر متشکل از دو کلمه است، دیپلماسی، که ابزاری جهت کسب منافع ملی است و حقوق بشر. هندوستان به عنوان دومین کشور پرجمعیت و هفتمین اقتصاد دنیا، سابقه حقوق بشری ضعیفی دارد. سوال اصلی نوشتار این است که تاثیر دیپلماسی حقوق بشری بر سیاست خارجی این کشور چیست؟ پاسخ این سوال در قالب مفهوم دیپلماسی چندسطحی پی گرفته خواهد شد. دیپلماسی حقوق بشری باید در سه سطح ملی، منطقه و بین الملل، ظرفیت یابی و مورد مداقه قرار گیرد چرا که همخوانی این سطوح وابستگی تامی با اجرای دیپلماسی حقوق بشری کنش مند دارد. در سطح ملی متغیرهای سنتی و تاریخی آنان در قانون اساسی تجلی یافته است که ریشه های دیپلماسی حقوق بشری هند را تشکیل می دهند، در سطح منطقه همسایگان، سازمان های منطقه ای و ژیوپلیتیک به متغیرهای اثرگذار اضافه می شوند، هند در پی گسترش شرکا، بسط نفوذ، وابستگی اقتصادی و تنش زدایی در منطقه است. در سطح بین الملل ساختار رفتار خاصی با رویکرد عملگرایانه را به هند تحمیل می کند. هند علاوه بر تبادل با غرب با تاکید بر روابط اقتصادی تلاش در تلطیف مواضع غرب دارد ولی از طرفی مواضع آن توسط شرکای آن در بریکس تعدیل می شود. هند تلاش می کند در نهادهای هنجارساز و بین المللی حضور فعال داشته باشد ولی نهایتا رویکرد حقوق بشری آن بیشتر پرستیژی و عملگرایانه است تا هنجاری. این تحقیق توصیفی- تحلیلی است و با استفاده از منابع کتابخانه ای و اینترنتی نگاشته شده است.

    کلیدواژگان: دیپلماسی حقوق بشری، هند، دیپلماسی چندجانبه، ایبسا(هند، برزیل و آفریقای جنوبی)، دیپلماسی چندسطحی
  • سید علی رضوی*، سید محمد رضوی صفحات 107-132

    تبلیغات تجاری مقایسه ای یکی از شیوه های مرسوم تبلیغ کالاست که با برجسته کردن نقاط قوت و مزایای محصولات تبلیغ کننده، مصرف کننده را به خرید آن ترغیب می کند. علی رغم سابقه نزدیک به نیم قرن این شیوه و تصویب قوانین متعدد در خصوص آن در کشورهای توسعه یافته، در فقه امامیه و حقوق کشورهای درحال توسعه ایران و هند در این خصوص قانون خاصی وجود ندارد. باید دید آیا می توان مشروعیت این شیوه تبلیغ کالا و خدمات را بر اساس مبانی فقهی و ضوابط حاکم بر حقوق این دو کشور، پذیرفت؟ براساس یافته های پژوهش که به روش تحلیلی-توصیفی صورت گرفته، از برخی اصول قانون اساسی و مقررات مربوط به منع رقابت نامشروع، تبلیغ خلاف واقع، مقررات ناظر به علایم تجاری و حقوق رقابت این دو کشور می توان این گونه برداشت نمود که علی الاصول تبلیغات مقایسه ای، امری قانونی و مشروع تلقی می گردد جز در مواردی که موجب گمراهی مصرف کننده شده یا به حقوق رقبای تجاری خللی وارد آورد، بااین وجود خلا وجود قانون خاص در هردو نظام حقوقی احساس می شود و قانون گذار می بایست با تصویب قانون خاص، نسبت به قانونی کردن آن اقدام کرده و تشتت موجود در رویه قضایی را به حداقل برساند.

    کلیدواژگان: تبلیغات تجاری مقایسه ای، فقه امامیه، حقوق ایران، حقوق هند
  • احمد سنچولی* صفحات 133-150

    نظریه اضطراب تاثیر یکی از گونه های بینامتنیت است که به وسیله هارولد بلوم (تولد: 1930م)، محقق برجسته آمریکایی در نیمه دوم قرن بیستم مطرح گردید. این نظریه که بیش از همه بر روانکاوی و دیدگاه های فروید تاکید دارد، برای مطالعه روابط خویشاوندی میان متون بویژه برای تبیین روابط بیش متن های متعدد با یک پیش متن مورد استفاده قرار می گیرد. لذا در این پژوهش ترجیع بندهای زیب النساء مخفی به عنوان شاعر «دیرآمده» یا «پس آمده» که تحت تاثیر ترجیع بند عاشقانه سعدی سروده شده و گاه گوشه چشمی به ترکیب بند جمال الدین عبدالرزاق اصفهانی داشته، به شیوه توصیفی- تحلیلی مورد بررسی قرار گرفته و تلاش می گردد به این سوال اساسی پاسخ داده شود که وی به عنوان شاعر فرزند (پسر) تا چه حد توانسته خود را از دلواپسی نفوذ یا اضطراب تاثیر سعدی به عنوان شاعر پدر برهاند؟ قرابت مضمون، وزن و قالب مشترک و شباهت نزدیک بیت برگردان و استفاده از قافیه و ردیف های یکسان بیانگر آن است که زیب النساء مخفی در سرودن ترجیع بندهای خود هرچند از مکانیسم دفاعی انکار بهره جسته، اما نتوانسته بر اضطراب تاثیر خویش غلبه کند و از آن گذر نماید.

    کلیدواژگان: بینامتنیت، نظریه اضطراب تاثیر، هارولد بلوم، ترجیع بند، سعدی، زیب النساء مخفی
  • مصطفی شمس الدینی، محمدامیر مشهدی*، عبدالله واثق عباسی صفحات 151-168

    رمانتیسم از جمله مکتب های ادبی است که در سده هجدهم در مقابل تفکر خردگرای کلاسیسم به پاخاست. اشعار شهرآشوبی امیرخسرو دهلوی، شاعر و نویسنده ایرانی سرزمین هند، در قرن هفتم همانندی های ویژه ای با اصول و مبانی رمانتیسم دارد و همین مساله زمینه بررسی نقدی رمانتیستی را درباره آن ها فراهم می آورد. به لحاظ معنایی وجود عواملی چون: توجه به احساسات شخصی و بیان آزاد آن ها، توجه به طبیعت و... و عوامل زبانی چون: برجسته کردن جنبه ادبیت متن، باتوجه ویژه به: تشبیه، استعاره، جناس، ایهام و... از جمله مواردی هستند که به اشعار امیرخسرو وجهه ای رمانتیستی بخشیده اند؛ نویسندگان این مقاله در پی پاسخ به این پرسش هستند که کدام شاخصه های رمانتیسم به  اشعار شهرآشوبی امیرخسرو دهلوی جلوه و جلای رمانتیکی داده است؟ البته هدف، تزریق یا تحمیل اندیشه های یک مکتب به اشعار یا برعکس، با نگاهی اثبات گرا نیست؛ بلکه هدف، آن است تا به روش تحلیل متنی و گفتمانی(زمینه ای)ضمن برشمردن ویژگی های مشترک سبکی اشعار شهرآشوبی امیرخسرو با مکتب رمانتیسم و تکیه هم زمان بر ساحت درون متنی و بافت تاریخی(برون متنی)آن، زمینه ساز نگرشی نو به اشعاری کهن باشد.

    کلیدواژگان: رمانتیسم، امیرخسرو دهلوی، شهرآشوب، اصول رمانتیسم
  • عبدالله صفرزایی* صفحات 169-186

    سرزمین مکران در جنوب شرق ایران با وجود شرایط اقلیمی و طبیعی تقریبا نامساعد، در سده های نخست اسلامی از موقعیت جغرافیایی ویژه ای برخوردار بود. دسترسی به آب های آزاد و به خصوص واقع شدن بین دو حوزه تمدنی ایران و هند، اهمیت فوق العاده ای به این سرزمین بخشیده بود. جغرافیای طبیعی تقریبا نامساعد در کنار موقعیت جغرافیایی حساس و چگونگی ایفای نقش موقعیت جغرافیایی این سرزمین در زمینه رونق و توسعه راه های دریایی و زمینی سوال برانگیز است. مهم ترین سوال نوشته حاضر این است که با وجود شرایط این چنینی، راه های مکران چگونه در زمینه ارتباطات تمدنی ایران و هند ایفای نقش می نمود؟ با توجه به تمهیدات نظامی، امنیتی، ترابری و غیره که در سده های نخست اسلامی بکار گرفته شد، علی رغم موانع طبیعی و حتی انسانی، راه ها و جاده های مواصلاتی مکران رونق بسزایی پیدا کرد و نقشی عمده در مناسبات ایران و هند در آن زمان ایفا می نمود. هدف این نوشتار تبیین اهمیت کاربردی راه های مکران در روابط و مناسبات ایران و هند در سده های نخست اسلامی است. تحقیق مورد نظر به شیوه توصیفی- تحلیلی با استفاده از منابع کتابخانه ای و تا حدودی مشاهدات میدانی انجام گرفته است.

    کلیدواژگان: ایران، هند، مکران، سده های نخست اسلامی
  • جواد عصاررودی، محمود عباسی*، عبدالعلی اویسی کهخا صفحات 187-202

    «او» حرف ربطی است که در عربی، بیشتر به معنی تخییر آمده است و در فارسی به «یا» ترجمه می شود  اما در قرآن، این حرف، از نظر بلاغی و کاربردهای علم معانی، مفاهیم مختلفی را در برمی گیرد مانند ابهام، بل، اباحه، شک، تبعیض و تقسیم. دهلوی در ترجمه خود، تناسب معنایی بین ترجمه با معنای ثانوی حرف «او» را رعایت کرده و به نقش آن در زبان عربی و معانی بلاغی آن، توجه نموده است. پژوهش حاضر با روش تحلیل مقایسه ای به بیان معانی مختلف حرف «او»  و  بررسی کاربرد بلاغی آن  در ترجمه های مذکور پرداخته است و به این سوال اصلی پاسخ می دهد که کدام یک از ترجمه های ولی الله دهلوی، میبدی و فولادوند، بیشترین رویکرد را به کاربرد معانی بلاغی "او" داشته اند. نتیجه تحقیق نشان می دهد که ولی الله دهلوی در مقام مقایسه،  در ترجمه حرف «او»، بیشترین رویکرد را به معانی بلاغی آن نسبت به دو مترجم دیگر داشته است.

    کلیدواژگان: قرآن، ترجمه، بلاغت، حرف او
  • زهره قدیری، علی اکبر جعفری*، علی اکبر کجباف صفحات 203-220

    گزارش منابع تاریخی نشان می دهد که زنان ایرانی دربار گورکانی هند بیش از زنان سایر اقوام و نژادها از احترام و اعتبار نزد بزرگان و پادشاهان این سلسله برخوردار بودند. از اینرو و با توجه به شرایط، امکانات و فرصت های پیش آمده، زنان ایرانی در عرصه های مختلف سیاسی و اجتماعی دوره گورکانیان حضور فعال داشته و اغلب نیز خوش درخشیدند. از این میان و به شهادت منابع و مستندات تاریخی، زنان ایرانی دربار گورکانی با حضور در عرصه سیاست و قدرت، تاثیر شگرفی بر روند حوادث این دوره داشته اند و پا به پای مردان این سلسله، در رشد و تعالی جامعه هند عصر گورکانی گام برداشته اند. بر این اساس، سوال اصلی پژوهش حاضر این است که: زنان ایرانی دربار گورکانیان در مسایل سیاسی این دوره، چه نقشی داشته و پیامد این نوع فعالیت ها چه بوده است؟ پژوهش پیش رو که به شیوه توصیفی و تحلیلی و با تکیه بر منابع و کتب تاریخی، تهیه و تدوین شده است می کوشد تا ضمن معرفی برخی زنان ایرانی وابسته به دربار گورکانیان هند، به بررسی نقش این بانوان در منازعات سیاسی این دوره و نتایج این فعالیت ها بپردازد.

    کلیدواژگان: زنان ایرانی، گورکانیان، دربار، سیاست
  • لیدا مودت*، علی سجادی صفحات 221-242

    مسلمانان دکن از زمان ورودشان به این منطقه به دو گروه اجتماعی آفاقی و دکنی تقسیم شدند. آفاقی ها مردمانی بودند که از ایران و عراق به دکن رهسپار شدند. همچنین آفاقیان با توجه به این که اهل علم و ادب بودند و به لحاظ اقتصادی مرفه و یا متوسط بودند به سرعت در لایه های اجتماعی شهری دکن نفوذ کردند. بدین ترتیب در دربار حکومتی مناصب حساسی در اختیار گرفتند. از این رو با مسلمانان بومی و محلی که معروف به دکنی بودند پیوسته در رقابت بودند. با تاسیس حکومت بهمنیان و حمایت های آنان از آفاقی ها مهاجرت این گروه به منطقه دکن شدت یافت. مساله اساسی در این پژوهش، آن است که مناسبات آفاقی ها و دکنی ها در حکومت بهمنیان به چه عواملی مربوط بوده است؟ یافته های پژوهش بر این اصل استوار است که علاوه بر سیاست سلاطین نخستین بهمنی،  اهل علم وادب بودن آفاقی ها، نفوذ در دربار بهمنی موجب قدرت گیری آفاقی ها گردید. از این منظر این عوامل موجب برانگیخته شدن دکنی ها و درنهایت قتل عام و سرکوب آفاقی ها شد. این پژوهش به روش توصیفی - تحلیلی سامان یافته است.

    کلیدواژگان: آفاقی ها، دکنی ها، بهمنیان، دکن
  • محمد نعمانی، مسعود خنجرخانی*، ابو سعید داورپناه صفحات 243-262

    هدف این مقاله بررسی تربیت انسان از دیدگاه رابیندرانات تاگور می باشد. روش گردآوری اطلاعات اسنادی است و شیوه کار توصیفی، تحلیلی و بخشی استنتاجی می باشد. بر اساس نگاه کلی نگر تاگور، وی تربیت را انسان گرایانه و بشر دوستانه و هدف آن را متوازن ساختن زندگی بشر با کل هستی می داند تاگور، علاوه بر تاکید به سازواری ابعاد انسانی، یگانگی انسان ها و پیوند طبیعت با انسان را خاطر نشان شده و دوران کودکی را در تحقق این مهم کلیدی می داند؛ با این نگاه است که او ملی گرایی تهاجمی را در تضاد با یگانگی دانسته و وحدت، همدردی و همدلی در لباس توجه به قشر فقیر و محروم بویژه دختران و دنیایی عاری از تبعیض را متذکر می شود. پس پیام ضمنی و آشکار تربیتی این اندیشه، برای جامعه کنونی ایران چه می تواند باشد؟ از نظر پژوهشگر چنین استنباط می شود که با توجه  به تکثر قومیتی، نژادی و فرهنگی ایران، می توان از اندیشه تاگور به عنوان یکی از الگوهای تربیتی وحدت بخش یاد کرد.

    کلیدواژگان: تاگور، یگانگی، همدلی، تعلیم وتربیت
  • ابراهیم واشقانی فراهانی* صفحات 263-282

    داستان آرش کمانگیر که در متون ایرانی، نخست بار اشاراتی اساطیری در یشت ها بدان می شود، اندک اندک با جامه گردانی به روایتی حماسی به بخشی از روایت ایرانی تاریخ ایران مبدل شد. در پژوهش های دوران معاصر، آرش اغلب دارای هویتی پارتی و نیای اشکانیان یا شاهزاده ای اشکانی یا توتم اشکانیان انگاشته شده است. پژوهش هایی نیز داستان آرش را نه روایتی ایرانی بلکه روایتی هندوایرانی و حتی پیش آریایی دانسته اند. مقاله حاضر، در پی ارایه پاسخی تازه به این مسئله است که هویت آرش کمانگیر و ماهیت اسطوره او چیست و آیا آرش شخصیتی در تاریخ ایران باستان یا ایزدی در باورهای کهن آریایی و هندواروپایی بوده است؟ بدین منظور با توصیف و تحلیل شواهد مکتسب از داده های باستان شناسی، متون تاریخی و دینی و ملاحظات فقه اللغه و با تکیه بر نظریاتی چون نظریه معماهای نخستین و نظریه ایزدان سه کنش به اسطوره آرش نگریسته می شود. نتیجه این بررسی، آن است که داستان آرش، نه روایتی تاریخی در عصر ایرانی و به طور مشخص عصر پارتی، بلکه روایتی اساطیری و بسیار دیرینه در عصر هندواروپایی است که که از سه معمای اساطیری «چرخه بستن و گشودن روشنایی و تاریکی»، «چرخه پیدا شدن و ناپدید شدن مرزها» و «چرخه بستن و گشودن آب ها» برآمده و شخصیت آرش، آمیزه سه ایزد روحانیت و فرمانروایی (روشنایی)، جنگاوری (مرز و زمین) و باروری (آب و گیاه) است

    کلیدواژگان: آرش، ویشنو، تشتر، تیر، آریکشا
  • مهدی هدایتی شهیدانی*، دانیال رضاپور صفحات 283-303

    پس از استقلال پاکستان و شکل گیری نظام جمهوری مبتنی بر شریعت اسلام، اوضاع داخلی ناآرام و نظام سیاسی متزلزل در این کشور وجود داشته است. معضل قابل تامل پاکستان، مربوط به ساختار داخلی این کشور و دخالت بیگانگان است. مناقشه های قومی و سرزمینی، بی ثباتی سیاسی، نداشتن توسعه اقتصادی و اجتماعی، تهدیدهای فراملیتی، جرایم سازمان یافته و بالاخره رقابت قدرت های منطقه ای و فرا منطقه ای مهم ترین چالش های امنیتی در پاکستان بوده است. با توجه به شرایط کنونی پاکستان، این نوشتار در صدد پاسخ به این پرسش است که پس از استقلال پاکستان، چه عواملی زمینه های شکل گیری بحران امنیتی در این کشور را ایجاد کرده اند؟ روش پژوهش تحلیلی توصیفی و ابزار گردآوری داده ها نیز کتابخانه ای است. مهم ترین یافته های پژوهش حاکی از این است که در پاکستان ترکیب پیچیده و چندلایه ای از عوامل داخلی و خارجی که تاثیرات تقویت کننده ای بر یکدیگر دارند، باعث شکل گیری بحران امنیتی شده است. در این نوشتار استدلال شده است که پاکستان به سوی یک حکومت چندپاره پیش رفته و مداخله مستمر کشورهای بیگانه برای پشتیبانی یا سرکوب گروه های تروریستی، به ناامنی و افزایش منازعات دامن زده است. نوآوری این پژوهش، تببین تحولات پاکستان از منظر مطالعات امنیتی جهان سوم و رویکرد لیتل است.

    کلیدواژگان: پاکستان، رادیکالیسم اسلامی، امنیت جهان سوم، آسیای جنوبی، ایران
|
  • Alireza Abin, Ehsan Samani * Pages 9-34
    Introduction

    Undoubtedly, civil responsibility In certain sense - arising from destruction and indirect causation- is one of the most complex branches of civil rights. The merger of this legal branch with various interests and policies, and the increasing influence of various developments in other sciences has made this field, the most dynamic civil rights sector.  Meanwhile, speaking of the civil responsibility of the minors and insanes- are not discretion and inability to perceive- is one of the most important aspects that Is observer to the quality of interference the mental elements that has been the subject of much controversy and disagreement over the years in all legal systems of the world. Apparently, this issue is one of the challenges in civil- liability,s law because, on the one hand, the requirement of the ethical, emotional issues, and observer to Fairness and justice is The absolute or relative adjustment of the civil liability of such persons, and, on the other hand, the requirement of pure Superficial Justice, is The protection of individuals has been damaged. (Cees Van Dam, 2013, 269) The response of legal systems to this challenge, is different. From the perspective of some legal systems, both minors and insanes have full civil liability, but some of other systems, have only accepted the full civil liability of the insanes and They have decided to moderate responsibility in respect of the minors.  Although, it seems, paying attention to the Objective justice along with security and discipline is more efficient in realizing the ultimate goal of justice.The main question that the present paper seeks to answer it, is whether the minors and insanes, have civil liability? In simple saying, is a discerning minor or insane has civil liability in return for the direct or indirect losses Which he has created? What is the position of the law of Islam, Iran, Afghanistan and India about this issue? Due to the deep relationship between the Iranian, Afghan and Indian nationals, especially in the south-eastern part of Iran, the Comparative study of civil responsibility of the minors and insanes, is imperative. In particular, there is no independent study in this area. The purpose of this research is to explain the views of legislators in Iran, India and Afghanistan on the civil responsibility of minors and insanes and Notifying the lawyers and law students at different legal views on this issue. Also, with a scientific analysis and an integrated look at the Objective justice alongside social security, we are looking for Presentation a distinct theory that is closer to justice and fairness.

     Research methodology

    The present research is a theoretical, descriptive-analytical research that is based on library studies, and the purpose is the objective and systematic description of the research,s subject. The method of data collection of The present research, is carried out by scanning and recording data (by referring to library and internet resources such as books, articles, newspapers, banks and databases, etc.). In this research, information is collected as a library-documentary. The method of analyzing the data of the present research is of a qualitative type and In the form of descriptive-analytical, which first describes the issues related to the main discussion and then analyzes the challenges ahead.

    Discussion

    Contrary to this notion that is common among the Islamic jurists and lawyers, About that they consider indispensable and a Consensus the civil responsibility of in discerning people, it seems that there are also opposition tendencies and views in Islamic law. tendencies that occasionally Relatively(minimal)  affect the Psychic elements in civil liability of in discerning people and, in particular, its effects, and sometimes, they are suspicious in absolute (maximally) the basis for the realization of responsibility for these categories of people Because of the lack of a mental element discretion. based on this approach, The forced compensation responsibility, approved in the form of modality. in the sense that at First the legislator approve the order duty of necessity of Compensation of damages and then He abstracted from it, The forced compensation responsibility of  person who Caused the loss.Therefore, because in discerning people (such as minors and insane) due to the lack of General terms of duty (that is, intellect and distinct power), in any case, they have not any order duty, so there is no forced compensation responsibility for them, because The forced compensation responsibility abstracting from the order duty, and because there is no order duty for in discerning people, naturally,the forced compensation responsibility will be eliminated from them. Therefore, in the assumption that the indiscerning people caused the illegitimate loss to another person,s property, he should not be required to compensate for damage as long as the terms of the task (for example intellect and distinct power and etc), are not collected to him. (Ashtiani Razi, 1429, 7,57-65; irvani, 2007,1,39; Na'ini, 1414,4,387; Iraqi, 1405,4,103; Khorasani, 1430, 3, 209; Sadr; 1423, 286,287; Hosseini Rouhani, 1434, 6, 129). From the point of view of Proof too , Imam Ali, narrates from the Prophet: The duty have been taken from three groups: " (1) From sleep until the time of  wake up; (2) From insane person until the time of  intelligence (3)  From the child until the time of puberty. " (Tamimi Maghrebi, 1385, 1, 194).

    Conclusion

    Essentially, there is two systems of thought about the issue of effect (direct or indirect) the mental element in civil responsibility of the in discerning people. The systems those are subject to the objectivist rules, including the legal systems of Iran, Afghanistan, and the famous theory of Islamic law , believe that in the law of civil responsibility, what is genuine importance is a harmful act and the effects of the damage caused by it. And the goal is to return previously balanced collapse, in the shadow of the correctional justice and the principle of counterbalanced counteract. but subjective systems that tends towards it the India's rights that are based on the rights of the Common law of England, do not look at the situation of the parties as a completely impartially. Instead, the legislator and the judge would look at the case from the person's perspective and the actual mental state. In subjective attitudes, though it is important to compensate for losses, but more importantly, it is interfering the mental state of the suffering person in analyzing the case data. the proposed criterion of the authors -the middle and mixed criterion- is a criterion that modifies and Takes together the formal justice and extreme justice, a criterion that, as far as possible, treats equally with equals and treats unequally with unequal's. In this criterion, simultaneous attention is paid to two phenomena; one is the objective and material legal relationship between the parties to the dispute, and the other, to pay attention to the parties of the legal relationship, that is, the parties to the dispute. It seems to me, therefore, with regard to the native system of civil liability law, it can be suggested that the legislator approves the general principle of compensating for losses by the indiscerning injurer person (formal justice), but this would also be possible the adjustment of this general principle, according to the obvious characteristics of the indiscerning injurer person (such as the assessment of his activity with regard to the weakness of his mind power and his age, the existence or absence of financial power, the existence or absence of a guardian, the existence or absence of insurance coverage, etc.) (Righteous justice). for example, according to the proposed code, the purpose of "conventional" behavior in articles 951 and 952 of the Civil Code of Iran should be the conventional behavior in any group or subset of the indiscerning persons in accordance with Common and public features. The above criterion is a middle, complex, and combination of typical and personal criteria. In one sentence, it is a "relative objective" criterion, because it deals with each group or subset fit with it.

    Keywords: Civil liability, mental disability, harmful actions, IRAN rights & India, Afghanistan
  • Alireza Khajegir *, Sarvnaz Heidary Pages 35-54
    Introduction

    Islamic mysticism and Hindu mysticism in general and Buddhist mysticism in particular, although originating from two completely different schools and having evolved over time, have been fertile, since mysticism no matter which school or land it has roots in the inner of human truth and the mystics have been in search of the same truth, so in these two seemingly alien mystics there are many commonalities that tell of their inner altruism. In Islamic mysticism, the concept of the five presences is very important for the expression of the hierarchy of mysticism and cosmology, and in mystical Buddhist mysticism the term trikaya or three bodies is very important. The five presences in Islamic mysticism is the general hierarchy of the manifestation of the divine manifestations, and the trikaya in the Buddhist Mahayana expresses the hierarchy of the Buddhist truth in the universe. Although in early Buddhism theology there is no theology in the appearance of belief in a specific god, the nirvana issue is a true and transcendent truth, and the Buddhist religion is the embodied nirvana. And this is the aspect of Buddhism that has religious and mystical color. Because the concept of nirvana is somehow related to the concept of dharmakaya, which is the highest degree of the dharmakaya.The main purpose of this article is to examine the manifestation and emergence of a single truth in Buddhist mahayana and Islamic mysticism. On this basis, we first explain the  two basic concepts of the five presences  in the Islamic mysticism and the trikaya in the Buddhist mysticism, and then we have expressed the manifestation and emergence of a single truth in the universe. At the end we have compared the degrees and manifestations of the transcendent truth in both Islamic and Buddhist mysticism and we have highlighted their differentiation and commonalities.

    Research methodology

    The research method used in this study is comparative analysis according to the type of subject and the data gathering tool is library based, so that the required data is collected through study and retrieval of books and related articles according to the chapters. The specification has been analyzed.

    Discussion

    The alignment of the system of existence is one of the most important issues that are discussed in the context of the unity of existence and the justification of the multiplication of the universe. This argument, along with its ontological dimension, is the mystics attempt to understand the universe. In Islamic mysticism, the universal hierarchy that is the place of manifestations and manifestations of righteousness forms the five worlds that are termed "presences" in the mystic language. According Ibn Arabi, truth in its realization is a mystery completely unreachable and inaccessible far beyond human knowledge, and the emergence of being is also manifested through manifestation.(Izutsu,1984,p.27) Although the doctrine of the five presences can be interpreted in several ways. It is widely known that these events include the worlds of divinity, divine empire, angelic world, corporeal world and the perfect human being. Regarding the levels of the five presences, what is important in regard is that the existence of each degree has been issued from the higher degree and emerged, and all of then originate from the first degree, namely, the essence of the truth. In fact, there are all aspects of the existence, manifestation and appearance of the existence. Therefore, levels of existence are not only discrete things, but they have a deep link with each other, because there is only one being that has infinite manifestations. So whatever in the universe is an example of something in the universeAccording to the theory of three bodies, which is in fact the spiritual frame of Mahayana, these three buddhas bodies consist of three bodies of the dharmakaya, sambogakaya, nirmamakaya. This is one of the main differences between the Buddha's personality and Buddhism, which is not, in my opinion, Buddha a historical determinant, but the ultimate cause of objects or the cause of the cosmic alliance. (Dasgupta,1950;p.12) Therefore, the first dharmakaya is the essence of everything, and every creature possesses it, secondly, the peak point is a salvation and Buddhist. Since creatures can not understand the dharmakaya except for the spiritual experience, for creature such as bodhisattva, the form of sambhogakaya, and for ordinary creatures it is a form nirmanakaya. But the nature of both is composed of dharmakaya. This invisible and absolute body does not disappear, all living things in it are moving, and their existence is from him. All Buddhists in this unique Buddha dharmakaya are the only one, in fact dharmakaya position of unity is indeterminate. (Pashaei,2001;p.334)

    Conclusion

    These five universes are counted with the three Buddha's and the contemplative and nirvana concepts. As  divinity the nature of holy and purified entity of the truth to excellence with the concept of nirvana with Mahayana means the pure and transcendental essence of the convergence, and the degree of divine aspect with the first body of Buddha, namely, dharmakaya, because both the first truth as best even though they contain others are matched. In fact, dharmakaya is the position of unity, indeterminacy, and in the so-called Mahayana empliness (shunyata). Shunyata in the word means null or empty, a central concept in Buddhism. Therefore, the first dharmakaya is the essence of everything, and every creature possesses it, secondly, the peak point is a salvation and Buddhist. Since creatures can not understand the dharmakaya except for the spiritual experience, for creature such as bodhisattva, the form of sambhogakaya, and for ordinary creatures it is a form nirmanakaya. But the nature of both is composed of dharmakaya. This invisible and absolute body does not disappear, all living things in it are moving, and their existence is from him.The degree of the divine empire and the world of devil's spirits are similar to that the bodhisattva, because they are like dead spirits and cherubims are creatures that seek to enlighten people to reach people, and their purpose is to make people happy. The world of angelic world or universe is an example, as already said, this world is the mediator of the universe of matter and matter, and the distance between the ghosts and bodies. From this point of view, sambhogakaya is like, because sambhogakaya in the Mahayana in the middle of the stage interface is between dharmakaya and nirmanakaya. In the end, the corporeal world is similar to that of nirmanakaya for it is the same physical and material manifestation of the Buddha that goes into the realm of existence, like the human being in the universe and matter, which is the universe of bodies and the level of senses and senses. 

    Keywords: Trikaya, The five divine presence, Transcendental essence, universe levels, Mahayana
  • Mostafa Dashti Ahangar * Pages 55-78
    Introduction

    The Safavid era in Iranian art, culture, and literature is a special era. Both Because of the centralization of government during this period, relations with other countries were established in various fields, and also after the mogul invasion, Iran revised its remaining cultural traditions.Around the Safavid period, Indian or Isfahan style poetry has special features that distinguishes it completely from its before and after poetic styles. Art and architecture of this period is also very important. In architecture, on one hand, we see buildings in Iran that are fundamentally different from those of previous eras, and on the other hand, we see masterpieces in subcontinent architecture that are clearly influenced by Iranian architecture. In this article in particular, the question of the possibility of matching and comparing the art of this period based on architecture and poetry (with emphasis on Saeb's poetry) is addressed, and there are some questions on this basis. Are there any significant commonalities between the various disciplines of art during the Safavid period, and if so, in what fields there are more similarities?The purpose of this study is, firstly, a comparative and interdisciplinary study of artistic and cultural phenomena in a particular period of Iranian culture, based on the need to think better for the present and future of Iranian culture,  you need to understand Iranian culture in the past. Through this research we can also find deep links between rich Iranian and Indian culture; in the next step the purpose of this research is to compare the analytical architecture and Indian style poetry (with emphasis on Saeb poetry) and to show common and comparable cases.

    Research Method

    This article deals with the general features of Iranian architecture and poetry of the Safavid period by using a comparative analysis method and using library tools to assist in the discussion of the article. On this basis, it was attempted to compare these works with the study of poetic texts, especially Saeb's poetry, and the architectural monuments left over from this period.

    Discussion

    The corresponding features of Safavid poetry and architecture fragmentation in Safavid Poetry and Architecture: fragmentation, which has a history in Persian literature, became an independent feature in Indian style, and the true form of poetry in this period was "couplet" or single couplet. In the architecture of this period, one of the main features is the details of the designs. These designs look much more vibrant, crowded and delicate than in the Timurid period (Makkinejad , 2009: 42-43).Symmetry in Architecture / Equation Style (Osloub e Mo'adele) in Poetry: Just as symmetry is one of the main features of Safavid architecture (Blair, 2009: 491), in Indian style poetry, the style of the equation style can be mentioned.Decorations in Architecture / Subtlety in Poetry (Complexity): Decoration is an essential feature of Eastern and Iranian architecture and has nothing to do with the whole. It is said that Islamic art is first and foremost a decorative art (Hoag & Martin, 2007: 227). But this feature has been used in the Safavid architecture even beyond its usual norm. Such a situation in architecture is very similar to the poetry of the poets of this period who were more or less concerned with the appropriateness of their vocabulary, and were reluctant to lose the clarity of meaning by doing so. Subtlety, too, and the creation of strange, out-of-the-mind meanings in poetry, can also be relevant to decorations in architecture.Colors and Mirroring in Architecture / Flame, Fire, Mirror, Sparkle, ... In Poetry: In the Safavid architecture, the appropriate contrast of specific colors has made the designs and patterns more attractive and better on the tiling surfaces (Makkinejad: 2009: 45).The use of mirrors in the ornamentation of this period is probably also for this purpose. In the poetry of this period, the word mirrors are of high frequency and are one of the thematic elements in poetry. As for the color, there are very few odes which somehow not to associate with colors (especially red) (Musavi et al., 2011:67).Architecture Restoration / Imitation in Poetry: The Safavid period is said to be the culmination of the latest manifestation of Islamic architecture in Iran, but no innovations can be found in it (Pope, No date: 249). In its entirety, this periode is nothing but a revision of the Persian literary tradition and its recent presentation in all its dimensions.

    Conclusion

    After Timur and Shahrokh, the courts of Mughal in India, for many years, were engaged in hospitality of the artists, and poets from Iran were drawn to the court. Subsequently, a subsurfaceand flow have linked the two cultures of the Safavid and Indian periods. Although the art of the Safavid era cannot explicitly speak of the influence of the subcontinent on Iranian culture, there is some evidence in the art and literature of this period that the art of the Indian Mughal courts was close to the Safavid court. In poetry and architecture as two important manifestations of Safavid art, there are common signs presented in different forms. It seems that these commonalities are due to certain discourses that existed at that time. In the architecture of the Safavid period, especially the influence of Mughal art is remarkable. On the other hand, the Timurid courtiers in India were also shelters for Iranian poets, who influenced Persian poetry by taking influence from this courts. According to the reviews of this article, the architecture and poetry of this period can be compared in terms of features.Fragmentation, as one of the hallmarks of Iranian poetry, culminated in this period, with the form of "couplet" emerging and at the same couplets having two independent connotations. There is also a great deal of evidence in the architecture of this period, which suggests that attention to detail has given rise to a particular style of Safavid architecture.Mirroring the architecture of this period and the style of the equation is another comparable feature in the art of this period; unique examples of symmetry in architecture of this period can be seen to correspond to the style of the equation in poetry, which is one of the most important features of the poetry of this period.One of the most important features of Indian style poetry is the delicate and subtle themes of the poem. This style of poetry, which has become a kind of hub among the poetry of Indian style poets, can be attributed to the character of very fine and delicate decorations and the use of glazed tiles in the architecture of this period, which was unprecedented in Iranian architecture.If in the poetry of this period, the vocabulary model such as mirrors, sparks, flames, sparkle, etc. draws the reader's attention and distinguishes this style from other poetic styles in the use of these words, in the architecture of this period, use of matching colors and a wide range of colors as well as mirroring the buildings are a stylistic feature.Also, as in the extensive architectures of this period, with the exception of the major city buildings, the restoration of old buildings is important, in poems of this period, imitation is common and attracts attention.

    Keywords: Indian Style Poem, Architecture, fragmentation, Decorations, Symmetry
  • Mohamadreza Dehshiri *, MohammadHossein Neshastesazan Pages 79-106
    Introduction

    Human Rights diplomacy encompasses two words, Diplomacy and Human Rights. “Diplomacy is an essentially political activity and, well resourced and skilful, a major ingredient of power. Its chief purpose is to enable states to secure the objectives of their foreign policies without resort to force, propaganda, or law” (Berridge, 2015: 1). Mullerson believes that, Human rights diplomacy can be defined as the use of foreign policy instruments in order to promote human rights, as well as the use of human rights issues for the sake of other foreign policy aims (Mullerson, 2014: 2). The commencement of the Human Rights Diplomacy could be considered The Cold War’s epoch. Human Rights as a component of the foreign policy had tied up with other elements of foreign policy, like politics, economy and other special situations that stemmed from Cold War’s unusual circumstances. to affect the Human rights policies of Communist bloc, the USA, started to get Communist countries involved in “Most Favoured Nation status” agreements, however, even here, possibilities were rather limited. For example, in April 1973 US President Nixon proposed a comprehensive Trade Act that would have extended “Most Favoured Nation status” to the Soviet Union, as part of the linkage between trade and Soviet foreign policy restraint (Mulillerson, 2014: 105). This article seeks to investigate the Human Rights Diplomacy of India according to Multilevel diplomacy as a conceptual framework.

    Research methodology

    This study has been carried out in the descriptive-analytical and content analysis methods. Theoretical principles of the study are prepared on the basis of Multilevel Diplomacy. Multilevel Diplomacy has chosen as the conceptual framework, thereby looking into diplomacy at three levels (national, regional and international level). According to this framework a successful diplomacy needs those triple levels to be compatible with each other.

    Discussion

    Republic of India (hereafter India) is the seventh biggest country and second populous country in the world. It is counted as one of the emerging powers which would play a pivotal role in the future. India is a parliamentary Republic with a Multi-party system. The principal right-wing parties are Bharatiya Janata Party (BJP) and Indian National Congress, and their opponents are left-wing parties and Liberal- Secular parties. In 2009 The United Progressive Alliance (UPA) got power and won the election rally. But in 2014 Bharatiya Janata Party (BJP) gained power without any coalition, it could be a sign of their popularity through that year. After the dissolution of the Soviet Union, the Liberal Democracy became the prevailed approach among Indian politicians. By the commencement of third millennia, a decade after the collapse of the Soviet Union, India became more stable and ran a more proactive and assertive policy in the Human Rights field, however, it would not be taken as a shifting approach towards international system, Indian politicians still looked at the international organizations and systems pessimistically and skeptically. Therefore, India has continuously backed the concept of territorial integrity and national sovereignty, thus it has defied any notion that could undermine those concepts under the pretext of upholding Human rights norms or preserving environment. Moreover, it refrains from criticizing and denouncing the Human Rights situations in other countries, during this era, India had two important silence that would have been unpredictable, the first was the invasion of American army against Afghanistan, despite of India’s usual positions on the concept of non-interference and the concept of national sovereignty. Indian government supported US invasion and justified it on the basis of self-defense concept, and the second was the killing of Shia Muslims in Pakistan by fundamentalist Muslims. Meanwhile, Manmohan Singh became the prime minister, he believes that, they can promote the values of democracy, liberalism, secularism and pluralism, thereby strengthening their relations with other country (Baru,2008: 3). The liberal associations were getting stronger until the next elections where Singh gave in power to Narendra Modi. Modi, on contrary to his predecessor, sought development, nationalism and Hinduism (Hindutva) (Nagaraj, 2015: 73), that would worsen the Human rights situation and deteriorate the social schism.

    Conclusion

    India is among the emerging powers and it has run a relatively successful Human Rights diplomacy. It has drawn balance between national interests and Human Rights challenges. The national constitution is the most important document which is considered as a foundation of foreign policy and diplomacy. The authors of India’s constitution were well aware of extended discriminations and old traditions that escalated the Human Rights situation in that territory. The authors have announced the “Untouchability” and “Hereditary titles” null and void but due to the lack of proper mechanism of observance and reinforcement, their endeavors got thwarted. At regional level, the security and economic priorities have cast a cloud over fulfillment of Human Rights values. The India’s priorities at regional level would be as follows:first, increasing the trade exchanges with neighboring countries; second, establishing a balance of power with China in the region;third, peaceful settlement of conflicts and prevention of security problems; fourth, making the small and less-developed countries of the region more dependent, with the aim of increasing its either hard and soft power. At international level the economic, social and cultural rights are more favorable than civil and political rights, like other south leading countries. At international level, strengthening the business ties with Europe is a priority but simultaneously its pessimistic approach towards international regimes (like Responsibility to Protect) and organizations has been preserved.  It seems that the main challenge is incompatibility between the domestic features and attitudes with international requirements.  For example, there are some international key documents that are in contradiction with deep Indian traditions, like Dalit caste’s rights or women’s rights. Indian government is eager to play an effective and prominent role in international and regional entities and organizations. By endorsement of south countries India got elected as a non-permanent member of the Security council. Furthermore, on the one hand India is a member of SARC and The Shanghai Cooperation Organization (SCO), on the other hand it is a member of WTO and G20. These memberships seem incompatible at the first sight, but it can be a sign to be able to shed some light over the Indian Human Rights diplomacy trajectory through triple levels. As a conclusion, the pragmatic approach on the basis of economic profit and national interests are prevailed over accomplishment and reinforcement of human rights norms and commitments.

    Keywords: : Human Rights Diplomacy, India, Multilateral Diplomacy, Multilevel diplomacy, IBSA (India, Brazil, South Africa)
  • Seyed Ali Razavi *, Seyed Mohamad Razavi Pages 107-132
    Introduction

    Commercial advertising as one of the most important types of marketing in the world, has long been used in the global economy. However, today it has become a separate branch and a science and many people work in this field. Commercial advertising has a variety of types, such as visual, audiovisual and etc. (O'Guinn and others, 2018: p. 244). Comparative advertising is one of the commercial advertising methods that is widely used worldwide. This methid based on comparisons between goods, products and services offered by suppliers, and the advertiser is trying to encouraging customers to buy and use their own products and Through the market for these products by comparison of their products and services with other products and highlighting of their strengths. by this way, it will capture the market of this products. This type of advertising is actually designed to increase consumer awareness and allow them to choose and provide the best and most appropriate product and service they need. There have been many legal disputes over the legitimacy of this method of advertising in the laws of various countries, including Iran and India. Despite the prevalence of this type of commercial advertising and the legal implications of it, there is no specific provision about it in Iranian law.The Imamiyyah jurisprudence also does not contain a specific law in this regard and its governing rule should only be found in accordance with the general principles and religious principles of this method of advertising. In India, too, there is no specific law called comparative advertising law. Accordingly, the question of the present study is, what is the approach to the legitimacy of comparative commercial advertising in the law of the two countries, Iran and India, and the Imamiyyah jurisprudence?

     Research methodology

    this paper is written in a descriptive-analytical method, by using library resources. in this article we attempt to investigate the approach of the iranian and indian legal systems by considering of their aplicable law on comparative commercial advertising and finally compare the commonalities and differences between two systems.

    Discussion

    Comparative advertising has been widely used in the United States for more than thirty years. (Romano, 2005, p. 371) "Comparative advertising is the technical advertising that uses image, sound, or printed expressions to directly or indirectly represent and compare the supplier's product or service and its competitors products in matters such as price, quality, features or characteristics and Unique compares. ”(De Jager, 1995: 67) There is no specific law in Iran's law about the comparative advertising. However, based on some of the prevailing principles and regulations, it is largely possible to identify the rules governing this type of advertising. These laws are: Principle 24 of the I.R.I Constitution, Article 45 of the General Policy Implementation of Article 44, Regulations of Establishment and Supervision Advertising Associations, Article 40 of the Trade and industrial Marks registration Law of 2007, Consumer Protection Act 2009 and Environmental Advertising Policies and Rules law 2009.In Indian law there is no specific law on comparative commercial advertising. In the past, the scope of comparative advertising in this country was very limited. However, the growth of this type of advertising in other countries and the Understanding its Benefits, changed the attitude of the legal community towards comparative advertising. The laws and regulations governing comparative advertising in the country include: Article 19 of the Constitutional law of India, the Consumer Protection Act of 1986, the Trade Marks Act of 1999 and the Competition Act. There is no discussion about the comparative advertising in the writings of the Imamyah jurists. However, the legitimacy of this type of advertising can be deduced from the general principles and Imamiyah jurisprudence Rules. According to the jurisprudents opinion, if there is any doubt about the practicality and legitimacy of a specific act like comparative advertising, only disapproval of the legislator is sufficient to ensure that the act is lawful. In the various jurisprudential books on the Prohibited earnings or jobs, none of the jurisprudents has banned using of advertising methodes. It is also understood from some traditions that the advertising  of goods and services was acceptable in Imams opinion because they merely referred to some of the Sharia requirements in this regard and they did not prohibit the using of advertising methods. Accordingly, it can be argued that comparative advertising is legal by following the rules prescribed in jurisprudence books as long as it does not due to misleading of consumers by false information or affect the rights of other competitors in an illegal manner or provide false information about their products or put their business credentials at risk.

    Conclusion

    Comparative advertising is one of the new and popular ways of advertising goods and  services in the worldwide which is more prevalent in India. This method of advertising is based on a comparison of the goods and services of supplier's in characteristics, price, quality, and warranty period. despite of the necessity to pay attention to the various legal aspects of this method of advertising, there is no specific provision for it in Iranian law, but it can be legal based on certain constitutional principles and the scattered rules contained in the laws adopted by the Islamic Consultative Assembly and the laws of the Revolutionary Council And the Supreme Council of the Cultural Revolution's approvals, and its legitimacy was accepted if the legal and religious conditions were met. There is no special law in the Indian legal system about comparative advertising as in Iran. Also there is some laws such as Article 19 of the constitutional law, prohibition of monopoly and restrictive business law, consumer protection law and the trademarks Law that can be used to resolve comparative advertising lawsuits, There is a strong need for a special law on comparative advertising in the India. Because in the lack of a specific law and lack of clarity of its legal scope, law enforcement authorities, courts, investigators, and consumers of goods and services often face the simple question of how comparative commercial advertising is allowed and witch kind of effects it will have. However, the difference between Iranian and Indian law is that in Iranian law due to the lack of explicit and specific legal resolve for comparative advertising, pursuant to Principal 167 of the Constitution and Article 3 of the Civil Procedure Law, to find the Commercial advertising Legal Status and Governing Rules should refer to authentic sources of jurisprudence, but in Indian law there is no such solution and the judicial process must find a solution according to the existing rules. even though the specific title of the jurisprudence books is not devoted to the discussion of comparative commercial advertising, In Imamiyyah jurisprudence, commercial advertising can be regarded as legitimate on the basis of Asalato Al-Ebaha’. In addition, the practical approach of the Imams and the promotion of commercial  advertising of goods and products among Muslims can also confirm the legitimacy of commercial advertising. Accordingly, as long as comparative advertising is not applicable to one of the forbidden businesses such as the sale of a forbidden product, falsehood, cheaping, infringement on the rights of others etce... it shall be legal and valid. However, it should be borne in mind that the legitimacy of comparative advertising does not mean lake of civil liability for damages. Accordingly, it will be liable for damages to others if the title of the illicit harmful act applies to the act of the advertiser.

    Keywords: comparative advertising, Imamyah jurisprudence, Iranian Law, Indian law
  • Ahmad Sanchouli * Pages 133-150
    Introduction

    Return-tie is one of the Persian poetry formats that has an ancient background. Although some have speculated on the earliest return-tie for the Samani era (Mahjoub, b. 159), the earliest return-ties are in the Divine Farrokhi Sistani (d. 429 AH), the great poet of the fourth and fifth centuries. The grace and sweetness of Farrokhi's language and the fascinating structure of his return-ties have led poets to different themes such as praise, prayer, description, love and mysticism, and even they profit to explain their social and patriotic ideas. Return-ties like other forms of poetry have always been of interest to poets throughout the days and have used it to express various ideas, feelings, and emotions, either creatively or imitatively, sometimes in weight and sometimes in context and sometimes the number of verses in each paragraph have changed. As Saadi (690-606 AH) in the writing of his return-ties was almost influenced by the composite-tie of Jamal al-Din Abdo-Razzagh Isfahani (p: 588 AH) in terms of form, shape, and even weight, but the subject has changed or Hatef Isfahani (1198 AH), in other weight and content, but with a gentle, simple and intimate language and expression reminiscent of Saadi's poetic language and expression, made his return-ties. But the Zeibo-Nesa Makhfi (1113-1048 AH) did not go beyond imitation and were heavily influenced by Saadi's return-tie for weight, content, and structure. The only notable point in this regard is the difference in tone and type of expression, which is a matter of feminine emotions and feelings in Makhfi return-tie regarding gender. Considering the influence of Saadi on Zeibo-Nesa on this subject, this study attempts to analyze and analyze his return-ties based on the intertextual approach of affect anxiety. 

    Research methodology

    In this study, two return-ties of Zeibo-Nesa were studied in a descriptive-analytic manner based on Harold Bloom's intertextual anxiety theory approach and the effect of Saadi's love return-ties on Zeibo-Nesa from the point of form, structure and context was investigated and his influence on the composite-tie of Jamaluddin Abdo-Razzagh Isfahani, which Saadi also influenced in his return-tie, has been mentioned. 

     Discussion

    Saadi is one of the most capable poets and writers in Persian that nobody has managed to escape the spell of magic and the influence of his magic. Not only in the field of sonnet, but also in other realms of poetry, he is also the master of his poetry. His beautiful return-tie, which is one of the masterpieces of Persian literature, has influenced Zeibo-Nesa Makhfi, the capable poet of the land of India and has inspired him to imitate and exemplify it. Although Saadi was influenced by the composite-tie of Jamaluddin Isfahani in his songwriting return-ties, and in other words he was a consequence, he distanced himself from the domination or anxiety of Jamaluddin's influence, where the father's poetry dictated For him, he has created an exquisite creation and creativity that has influenced poets after himself, for Bloom believes that "a true poet does not go down unless he overcomes the anxiety of his influence. (Namvar Motlagh: limat-letellier, 1998: 51).  Of course, the fact that Saadi's motive in composing his favorite song was the composite-tie of Jamaluddin Abdo-Razaq Isfahani does not diminish his status. Saadi has used this method extensively and has come into disagreement with former masters for frequent testing, as some have argued, in order to counter Shahnameh (see: Dashti, 2002: 172). Saadi sometimes likes the form and then uses it to express his thoughts and feelings, and because he has the ability to think and taste, the effect of this confrontation is lessened. He did so in his return-tie and changed the subject to some extent in place of the Prophet's (pbuh) prayer, which he repeatedly demonstrated in his other poems, his sincerity, his passion and richness in it. Zeibo-Nesa also addressed the Prophet's (pbuh) prayer in one of his second return-ties clauses, which is consistent with Jamal al-Din's composite-tie, but he appears to have been more influenced by Saadi's return-tie than the composite-tie of Jamaluddin. Perhaps the secret here is to use Bloom's interpretation of the "denial" defense mechanism. For "the late poet is suspended between originality and heredity. Heredity leads to inspiration and imitation of the former poet or father poet, but authenticity seeks to contain and diminish the influence of the former poet″ (Namvar Motlagh, 1395: 117). According to this theory, the Jamal-al-Din composite-tie is a father text and Saadi's return-tie is the child text. A child who, according to Oedipus complex, was able to take his father's place and rid himself of his dominion. So saadi's return-ties are considered as father's text that the poets after him,like Zeibo-Nesa Makhfi,influenced by him. Zeibo-Nesa return-ties are as child's text,the child who has two opposed relations of kinship and independence (the same,115). Zeibo-Nesa couldn’t rid herself of "anxiety of influence" or "impact anxiety". So she has remained in the place of a child. According to Bloom's theory that is "a return of literary history based on Oedip complex, the poets are like the boys who are suppressed by the fathers and live with anxiety relying on capable poet who is prior on them"(Igelton,1380: 252). Zeibo-Nesa is like a boy who is suppressed by father, live with anxiety relying on capable poet (Saadi) that is prior to her. This anxiety can be seen in form and meaning in her return-ties.   

    Conclusion

    According to the theory of affect anxiety, Zeibo-Nesa Makhfi, an Indian poet, has been influenced by Saadi's lyricism in singing his return-ties, both in content and in appearance. Saadi's return-tie, although influenced by the composite-tie of Jamaluddin Abdo-Razagh Isfahani, is considered to be the child's own text, but by altering its structure and content, Saadi was able to overcome the anxiety of his influence and originality. And reach the indepenence. His return-ties as a father and noble text has received the attention of poets after him, including Zeibo-Nesa Makhfi. Although Makhfi in his influence of Saadi, he used the defense mechanism of denial, but did not achieve complete authenticity and independence and did not go beyond mere imitation and liberated himself from the influence of the poet of his father. The only difference is in the tone, the way they interpret and the way they look. The Makhfi tone is a sad and sorrowful tone, and his gaze is that of a distressed and suffering woman who is captive to the bonds of traditional and patriarchal society, grumbling and complaining about disregarding her self, In the meantime, he waits for his buyer to help him, or she experiences great suffering and choose silence. In addition to the dominance of Saadi's return-ties, the dominance of Isfahani's Jamaluddin Abdo-Razzagh's composite-tie influence can also be seen in Zeibo-Nesa Makhfi return-ties, so that each of his preferences in the 11 clauses or houses exactly matches the composite-tie of Jamal al-Din has been written and praised the Prophet (peace be upon him) in one of his verses.

    Keywords: Intertextual, Impact anxiety theory, Harold Bloom, Preferential, Saadi, Zibo-Nesa Makhfi
  • Mostafa Shamsoddini, Mohammadamir Mashhadi *, Abdollah Vasegh Abbassi Pages 151-168
    Introduction

    Romanticism is a literary and artistic movement that first appeared in England in the late eighteenth century, and Amir Khosrow Dehlavi is one of the Iranian poets and writers in the second half of the seventh and early eighth centuries who lived hundreds of years before the emergence of the European School of Romanticism And their historical, intellectual, temporal, and spatial contexts are very different; But a careful reflection on his shahrashoob poetry indicates that some of Romanticism has given a special glow to his shahrashoob poetry; However, one should be very cautious about whether or not Amir Khosrow's poems are fully compatible with Romanticism and should not expect definite results; Because Romanticism and other European philosophical and literary schools are very different from our socio-political, historical and intellectual realities and experiences and are not of the same gender And the great scholars of literary theories have also explicitly addressed this: "It is natural that these schools may differ in detail from one country to another" (Shamisa, 2014: 21-20). So when there are differences in Western countries, then it can be different in other countries as well as between Eastern and Western works; In this regard, the author of the book Romanticism in Iran has acknowledged that: "Not all the specific terms and expressions of European literature can be applied precisely to Persian literature and to the exact European equivalents and movements in Iranian literature and culture. (Jafari, 2007: 11). Of course, he points out in pages of this book (99-94) that Eastern and Iranian literature is one of the ancient sources of Romanticism. Therefore, it can be said: that the historical course of Persian literature differs in many ways from Western literature and it is not possible to apply all the specific terms and concepts of European literature precisely to Persian literature And in these areas, simplification and adaptation should be avoided This article also attempts to enumerate the style similarities of Amir Khosrow Dehlavi's poetry with the school of Romanticism Examine the contexts and factors and finally the implications and effects of this attitude on the form and content of poems. Of course, the authors of this article do not seek to establish one-to-one or complete conformity of the components of this school with the poetry of the Amir Khosrow shahrashoobi; Rather, they seek to re-read it, in other words, in the light of a literary school. In other words, we seek to answer the question, which features and characteristics of Romanticism have rendered the poetry of Amir Khosrow Dehlavi shahrashoobi in the romantic parade? This can help deepen the cultural and social relations of the people in Iran and the Indian subcontinent, familiarize them with the cultural, social, historical, economic and political situation of Iranian and subcontinent society.

    Research Methodology

     The method used for this research is descriptive-analytical (textual and contextual analysis). In the text-oriented tendency, the text itself is emphasized as the sole agent of understanding the text; But in the context-oriented tendency, the different structural conditions that underlie the formation of an effect are taken into account. The research data were collected through library access and the use of documents, books, and articles.

    Discuss

    In literary terms, the shahrashoob is the order in which most people are criticism or praise, Or refers to any poem that describes a city's craftsmen and defines their industry and industry However, it may have a different title (Dehkhoda "shahr Ashoob"). Romanticism is a literary, intellectual and artistic movement that followed the political and social restructuring of Western countries and the decline of classical school in the eighteenth century And Amir Khosrow Dehlavi is an Iranian poet in the second half of the seventh and early eighth centuries who lived hundreds of years before the emergence of the European School of Romanticism And their historical, intellectual, temporal, and spatial contexts are very different And on the other hand, the tracing of Western schools even in contemporary Persian literature is more than just a definition of common sense, and not all the specific terms and terms of European literature can be applied exactly to Persian literature And For European movements and schools, there is no precise equation in Iranian literature and culture. according to this, It is difficult to explain all aspects of the poetry of Amir Khosrow Dehlavi shahrashoobi of the romance  school. However, careful contemplation of the poetry of the Amir Khosrow Dehlavi shahr ashoobi and its simultaneous in-text and out-of-context aspects suggest that he cannot be regarded as a traditionalist poet in any sense. Because there are so many elements of Romanticism in the poetry of his hometown that he has shown them special. On the other hand, Amir Khosrow'sshahrashoob is one of the poems whose understanding of meaning and style depends on both in-text and out-of-context aspects, Historically these poems have been written by a court poet in a period known as the Golden Age of Praise Poems And to compose such poems in such a period from a poet to the court, whether consciously or intentionally, can be a protest against existing social issues In a romantic way. In support of this opinion we can say: Equipped with numerous studies and hints, the Indian style is a time of heightened prosperity for innate creativity and distance from classical trials And Amir Khosrow Dehlavi in many of his poems: Romance Systems, and especially guild shahr ashoob could Drawing on the same innate creativity and distance from past traditions, he incorporates romanticism into his poetry.

    Conclusion

    Thoughtful reflection on the shahrashoobi poems of Amiri Khosrow, It indicates that there are many characteristics of the school of Romanticism: social factors, scat poet on objects, Jobs and Tools, Being individualistic, Romantic sadness, Anxiety, anxiety, Word selection with emphasis on music, And the musical richness of the language,  The inherent continuity of images, Not adhering to ethics, Violation of social laws and traditions And  taboo It is in the shahrashubi poems Which can be proved by emphasizing and citing them shahrashoobi poems This prolific poet, The product is a break from the classical tradition and its entry into the realm of romantic poetry And His entrance into the realm of romantic poetry And he cannot be regarded as a traditionalist poet in any sense.

    Keywords: Romanticism, Amir Khosro Dehlavi, shahr Ashoob, Principles of Romanticism
  • Abdolah Safarzaie * Pages 169-186
    Introduction

    The relations between Iran and India have been ups and downs during history. In the periods of history that took place in Iran or India, the relations between Iran and India became wider, and each of these two areas of civilization was affected by developments in the important events of each other. With the arrival of Islam in Iran during the first Islamic centuries, Iran experienced a great deal of change. These changes gradually became influential in Iran-India relations during this period. Considering that an important part of the communication path between Iran and India's civilizations passed through Makkoran past history, by studying the ways of Makkoran in the first Islamic centuries and the role of these ways in the relations between Iran and India, The quality of Iran-India relations will become clearer in this period.  The roads of the water and land have played a very important role in the political, military, economic, commercial, religious, scientific and cultural traditions of civilizations throughout history. The two civilizations of Iran and India in the neighborhood have been linked to each other since ancient times, and a significant portion of the communication paths of these two civilizations passed through the Makkoran land. In the past, Makkoran included as a geographical, political and administrative unit a vast area of ​​droughts and shores of southeastern Iran. Although the vast territory of Makkoran had desperate and deserts, the roads of this state flourished in the early Islamic centuries, with numerous regional and transregional applications Had Creation and development of roads of Makkoran in the first Islamic centuries, despite the almost unfavorable climate of Makkoran in those days, is questionable and feasible. Hence, the most important question written in relation to the geographical location of the Makkoran in the first Islamic centuries is what was the role of Makkoran in the various relations between Iran and India at that time? The purpose of this article is to explain the role of the Makkoran roads in various aspects of Iran-India relations regarding political, military, commercial, religious and cultural issues in the first Islamic centuries. Investigating the regional and trans-regional role of the geographical location and the ways of Makkoran in history, it explains the historical experiences of Iranians in this field. Since the development of international southeast Iran is currently under way along the coast of Makkoran, the historical experiences of Iranians in this field can be used.

      Research methodology

    The data from this research were collected from library resources including: Historical resources and especially geographic resources of the Islamic first centuries. Then, the collected data and information have been analyzed in a historical way. In addition, the writer closely observes the regions of Makkoran and is surrounded by natural, climatic, communicative, and other characteristics of this land, the Makkoran communication paths in the resources of the first Islamic centuries have been thoroughly investigated in comparison with the characteristics of this region.
     

    Discussion

    Several factors have contributed to the importance of the Makkoran seaways and the Makkoran roads. One of these factors is the presence of widespread beaches with proper natural features, according to the conditions of that period. The location of the historic Tis harbor on the coasts of Makkoran as the natural boundary of the Persian Gulf and the Indian Ocean (Ibn Rasta, 2001: 99) was one of the most important points in the geographical position of Makkoran at that time. The second factor that contributed to the development of Makkoran's paths was that the Makkoran were between the two civilizations of Iran and India, and the path of communication between these two civilizations passed through this land (Shafar, 1998: 137). The roads of Makkoran in the early Islamic centuries flourished both in the sea and in the lands.  The political and military function of Makkoran's paths in the relationship between Iran and India was in the first place. The most important political and military role of the trans-regional Makkoran routes in the period mentioned was that Makkoran was the base for Muslim Arabs to invade India (Forouzani, 2012: 181). Another use of the Makkoran roads in the relations between Iran and India was the economic and commercial role of these paths. In terms of international trade, the Makkoran Roads were interconnected between Iran and India, and it seems that part of the road to the spice road crossed the land. The naval roads also linked Persian Gulf ports with Indian ports and even China (Sirafi, 2002: 13). Bosworth believes that in order to supply the raw materials of Neyshabur's textiles, which at that time was one of the most important industries of the Islamic world, Indian cotton was transmitted through the southern tropics of Iran and Makkoran to Neyshabur (Bosworth, 1983: 152). Although the way of identifying, constructing and maintaining roads from the earliest times was more of a political, military and economic purpose, along with roads in areas Other issues including cultural, religious, scientific, etc. were also used. After the Muslim Arab conquests in Sind spread and gradually the people moved there and Islamic settlements settled there, the people of this country also visited Hajj and studied the religion from the paths of Makkoran to Hejaz and Religious and scientific centers of the Islamic world were traveling (Kofi, 2005: 89). Another application of Makkoran's roads in the first Islamic centuries was the migration of some Zoroastrians from Iran to India. In the course of Islamic Islamism in the early Islamic centuries, some of the true Zoroastrian believers who refused to convert to Islam, migrated to other places in Iran or India (Balazori, 1988: 378).

    Conclusion

    The roads of Makkoran in the early Islamic centuries are modestly near the roads that connect the cities of Makkoran to each other and its periphery. In each historical period, with regard to how Makkoran's administration, the relationship between the Makkoran rulers and the central states of Iran, and the relations between Iran and India, the Makoran's ways, in addition to domestic applications, play a regional and international role. In the first centuries of Islam, the political, military, religious, and economic relations of the caliphate centers with the Sindh area led to the prosperity of Makkoran's landed paths. Also, the extensive trade links between the Persian Gulf ports, such as Basra and Sriraf, with the ports of India and China and the Red Sea countries, added the importance of the Makkoran coast, and the Makkoran's maritime routes at that time were very important in the economic and commercial spheres. The history of Makkoran has shown that as long as the human and natural barriers of Makkoran roads are minimized by special measures, the Makkoran roads are the best route for many relations between Iran and India, and even other coastal states of the Persian Gulf, the Oman Sea and the Indian Ocean. It was In the first centuries of Islam, the security and logistical arrangements in the field of sea and land were used and the ways of Makkoran Played a role in various dimensions of military, political, economic, commercial, religious, cultural, etc. in relations between Iran and India.

    Keywords: Iran, India, Makoran, Islamic First Century
  • Javad Assarroudi, Mahmoud Abbasi *, Abdolali Oveisi Pages 187-202
    Introduction

    In the Arabic language, letters do not solely signify their meaning, rather they need another word to express their original meaning in the sentence. In some instances, letters are used interchangeably and do not signify their frequent meaning known in translations. The Quran uses the same method. The secondary meanings of the letters are specified in the books on the Quran's exegesis and diacritical marks. The particle "aw" is mostly used to imply discretion, which is indicated by "ya" (meaning or) in the Persian language. In some other instances, "aw" also implies "connective waw", "but", "ambiguity", "concession", "doubt", "discrimination", and "division". Since they translate the Quran using a "semantic" or "communicative" approach, the translators of the Quran have offered different methods for these secondary meanings. In this regard, Meybodi, Dehlawi, and Fooladvand present various translations and in some instances, approach literal or semantic translation, and in some other instances, use communicative translation. To what extent these three translators consider these meanings is a point that can reveal their precision in the books on the Quran's exegesis and diacritical marks.

    Research methodology

    In investigating the second meaning of "aw", first, different Quranic verses in which this letter is used were selected. Then, the meanings used in these sentences were explained in various books on the Quran's exegesis, diacritical marks, and lexical complexities. In addition to comparing Dehlawi's translation with these meanings, Meybodi, and Fooladvand's translations were examined. Three translators were selected from three different centuries and accordingly, the present article had a comparative approach to different centuries.

    Discussion

    Translators' precision differs in their secondary meanings. In this translation of the Quranic verse, "aw" is translated into "but": "as a glance of the eye but even nearer," (Surah An-Nahl: 77) (Ibn Ishaq, 1984: 13). This is carefully stated by Shah Waliullah Dehlawi, who uses "rather" in his translation: "as a glance of the eye rather even nearer" (Dehlawi, 1997: 401). Fooladvand uses translates "aw" into "or": "or a glance of the eye or even nearer" (Fooladvand, 2014: 275). Meybodi translates "aw" into the connective "waw" (meaning and): "as a glance of the eye and even nearer" (Meybodi, 2003: 5/410). In Meybodi's translation, although two different intervals are seen, it is not clear that the translation is presented in the shorter interval. Therefore, Shah Waliullah Dehlawi has greater precision in the secondary meaning of the "aw". The other two translations, with "or" and "and," fail to express this meaning. This translation of the Quranic verse, "They say, 'Be Jews or Christians [so] you will be guided,'" (Surah Al-Baqarah, 135), does not imply any of either "Jews" or "Christians", rather both of them, that is, both "Jews" and "Christians" consider the path to guidance to be theirs exclusively. Dehlawi and Fooladvand provide literal translations and fail to point this out, "They say, 'Be Jew or Christian to be guided'" (Dehlawi, 1997: 29); "They say, 'Be Jew or Christian, so you may be guided,'" (Fooladvand, 2014: 19). In Dehlawi and Fooladvand's translations, no one realizes that the Jew is not willing to consider a Christian as guided; and similarly, a Christian is not willing to consider a Jew as guided. In his translation, Meybodi considers this point precisely, and connects the sentences to present the meaning with greater accuracy: "The Jews say, 'Be Jew,' and the Christians say, 'Be Christian,'" (Meybodi, 2003: 1/369). Thus, Meybodi translates the meaning of discrimination accurately.

    Conclusion

    In Arabic language, "aw" is a particle of conjunction that is often known to mean discretion between two possible things, and in the Persian language is translated into "or". However, in the Quran, "aw" implies "discretion", "connective waw" (meaning and), "but", "ambiguity", "concession", "doubt", "discrimination", and "division". Indeed, there are disagreements in syntactic and exegesis books about the meaning used in the various verses. In many of the verses under discussion, Shah Waliullah Dehlawi uses the secondary meaning; particularly in connective waw" (meaning and), discretion,comprehension, ambiguity, ambiguity, and concession, he translates quite accurately and excellently. Since his translation is exegetical, Meybodi, compared to the other two translators, is able to use more words. In other words, although at first, he presents the translation of the verses, since later on, he presents exegetical and mystic meanings, his translation has such specific characteristics. Therefore, using conjunctions in sentences, instead of connected words, or by using different adverbs in his sentences, Meybodi approaches the secondary meanings, and in some instances, is even superior to others. With his communicative and comprehensible translation, Fooladvand is also able to make symmetry between the role of Arabic words and their Persian translation. Yet in most instances, he translates "aw" only into "or" and uses fewer other meanings. Indeed, Fooladvand's translation is closer to that of Shah Waliullah Dehlawi than Meybodi's. This is evident in many instances in his translation.

    Keywords: Quran, The letter of ow, Rhetorical Meanings
  • Zohreh Ghadiri, AliAkbar Jafari *, Aliakbar Kajbaf Pages 203-220
    Introduction

     Iranian migration to India, especially the migration of a wide range of artists, scholars, bookmen, poets, and even military elites, is one of the common processes of various periods in Iranian history that has led many historians and writers investigated the causes of this migration. Therefore, various views and statements have been presented in this regard. There have been various reasons for the migration of Iranian elites to India during the Safavid era, perhaps the most prominent of these reasons is being the religious toleration of the Gurkani kings and the kings’ benevolent and the nobility of the kings and elders of this dynasty towards Iranian immigrants. It was known that the Gurkani dynasties honored the Iranian immigrants and provided them with the support they needed to grow and flourish. As such, more elites were daily attracted to the Gurkani court and, under the dynasties’ support, appeared in various stages of politics, art, and culture, etc., and often shone brightly, but simultaneously with growth and excellence of the great Iranian men in India in Gurkani era, some Iranian women immigrated to this area also showed good fortune in various fields of this period. These women, who were linked in various ways to the Gurkani court, gained great influence and validity against the kings and elders of this dynasty, thus directly or indirectly interfering in affairs and playing a very effective role. The events of this period have had many occasions, and most of the good names have been remembered on the history page of Indian Gurkani. Accordingly, the main question of the present study is: What was the role of Iranian women in Gurkanian court in the political issues of this period and what was the outcome of such activities? The various domains of politics and power and the consequence of such activities are on the situation of the court and the society of Gurkani era.

    Research Methodology

    The present study, using descriptive-analytical methods and library resources such as historical sources, memoirs, literary books, and memoirs, clarifies various aspects of the role of Iranian women in the Indian Gurkhani court.

    Discussion

     Along with the migration of some Iranian elites to the Indian subcontinent in Gurkani era, some of the women associated with these individuals found a way to the court for various reasons, such as being assigned to the great men of this period, financial independence, beauty, intelligence and courage and often found a privileged position beside the kings and elders of the dynasty, thus using their position in the court to contribute to politics and government, and to the men of this dynasty, in growth and excellence of Indian society of the Gurkani era have taken steps, according to the historical sources and documents of this period, some of these women have participated in and intervened in political affairs, or with the support of the king and elders of the government and in the battlefields, were actively involved in the political conflicts of this period, such as Nurjahan Beygom (Mehralensa) (1055/984 AH), the beloved wife of Jahangir Shah Gurkani and daughter of Khaje Ghiyasuddin Tehrani, Jahangir Shah’s Chancellor, was one of the prominent women activists of Gurkani era whose love and trust in Shah Jahangir has given rise to Nourjahan's interference in royal affairs and has made her the most powerful lady in India's Gurkani‎ era. Kurdish. (Jahangir Gurkani, 1980: 287, 181) Jahangir Shah, after marrying Nurjahan, made him the first lady of the court and granted him the high position and other members of his family (Shahnawaz Khan, 1809, c.1151). Arjmand Beygom, the Iranian wife of Shah Jahan, also had a privileged position in the Gurkani court and the love of Shah Jahan towards his wife was so high that the most important royal seal (Ozuk's seal designed by the king's name and letters and orders and important government documents were sealed by it) was given to Arjomand Beygom (Lahori, 1867, c. 1: 148) Hamideh Beygom's presence in the wars in Homayun period and her companion with Gurkani king, Homayoun Shah and Nurjahan Beygom's campaign against Mahabat Khan during the reign of Jahangir was also one of the cases that highlighted the significant role of women in the wars in this period and the suppression of enemies. (Bedaouni, 2001, Vol. 1: 310-2299 / Jahangir Gurkani‎, 1980: 316) The courage and skill of Nurjahan in using war equipment was such that Jahangir Shah always praised his wife's intelligence, cleverness, and courage in her memoirs. He is known for his skillful riding and accurate shooting (Ibid: 214 and 119). The presence of some other Iranian women in the Gurkani court had a significant impact on the consolidation of the Gurkanian power stands, such as Babur's marriage to Maham Beygom and Homayun Shah's marriage to Hamideh Beygom, both of whom are descended from a great and Sufi Aref, Ahmed Zhende Pill, had a significant impact on the consolidation of the Gurkanian power stands in Afghanistan and the Indian subcontinent, and Babur and his successor, Homayoun Shah, supported the marriages and their dependents, especially enjoyed the support of the Safavid government (Tatvi, 2003, Vol. 8: 5507) Some other Iranian women have interfered with the mediations between the elders at the Gurkani court and resolved the problems and conflicts of this period with a profound footprint in the course of the events during this period, while others participated in conspiracies and court plots or by intervening in the appointment of the Crown Prince, dismissing and appointing of the government officials, they have played a significant role in weakening or consolidating the foundations of the Gurkanian government. In this regard, the efforts of Nurjahan Beygom to dismiss Prince Khorram from Crown Prince, and his support for Shahriar, another son of Jahangir Shah can be mentioned (Behkari, Bita: 69-62).

    Conclusion

    At Gurkani Sultanate’s harem in India, there were representatives of different races and ethnicities, women of different ethnicities like Mongol, Turkish, Indian, Iranian, and so on women gathering in the court of the Gurkani dynasty clarified free political open space and religious toleration are the beliefs of kings and elders of the dynasty; however, the Iranian women of the Gurkani court were always at the forefront of the harem’s women and had a special respect and prestige for the kings and elders of the dynasty. This respect and prestige provided them with a privileged base and the Iranian women of Gurkani court were present in various political, social, cultural and economic fields with their wisdom and intelligence. The direct and even indirect participation of some of these women in politics and power had a profound impact on the events in this period. For example, the marriage of Maham Beygom to Baburshah and Hamideh Beygom to the Homayun Shah played an important role in maintaining, sustaining and consolidating the foundations of Gurkani monarchy, and the power of Nurjahan Beygom during the reign of Jahangir Shah and his direct interference in political affairs in this era. And the conflicts between the king's children had a great impact on the succession issue. Also, some Iranian women of the Gurkani court, such as Arjomand and Janan Beygom, took advantage of their prestige and respect to resolve the disputes between the courtiers, princes and the Gurkani kings and problem-solving, and overall the growth and ascendancy of Gurkani's reign. Other women, such as Seti al-Nesa Beygom, as a physician and tutor to the Gurkani princes, achieved a much higher status in the Gurkani reign. Investigation of the life and practice of Iranian women at Gurkani court shows that they had tried in various ways to make the most of their political and privileged status to facilitate affairs, although in some cases their performance was contrary to this process.

    Keywords: Iranian women, Gurkani, court, political
  • Lida Mavadat *, Ali Sajadi Pages 221-242
    Introduction

    Unlike the northern India, the land of Deccan located in the southern India came late into the attention of the Muslim forces. It was during Khalajiāns which Muslims victoriously entered Deccan via the northern India. Later, under Muḥammad b. Taghlaq (725-752H) almost the entire Deccan fell to the Muslims. Muḥammad built a great empire ruling from the northern to the southern India. It was, however, soon undermined and was divided into several local and regional dynasties in the last decade of Muhammad’s rule. The first such dynasty was Bahmaniyān. Since the shahs of this dynasty claimed a Persian lineage going back as far as Persia’s ancient shahs, they sought to take Persians into Deccan. These emigrants constituted the main political structure and administrative system of the Bahmaniyāns. Due to the dynasty’s inclination to Shia Islam, many Shiite Arabs also immigrated to the region following the footsteps of the former group. One may see many appellations of Persian or Shiite origin amongst the notables and ministers of the state – names like Gilāni, Māzandarāni, Ardestāni, Sistāni, Kermāni, Badakhshi, Ghazwini, Astarābādi, Hamedāni, Samarqandi, Tabrizi, Shirāzi, Qumi, Mashhadi and Karbalāi, among others. They indicate these migrants’ impact on the political and social life of the period. The impact made the Bahmaniyān kings notice these people, other Shiites and those called sayyids – which in Muslim societies indicates people from the Prophet’s lineage – who had immigrated from other regions to Deccan (Sadeghi, 2017, p. 98). Since Āfāqiyāns were assigned important state positions, they were in constant conflict with the indigenous Muslims who were known a Deccanians. The rivalry and conflict between these two racial groups are noted as one of the most important issues of Bahmaniyān period. The most important reason behind doing this research is to shed light on the Āfāqiyān and Deccanian relations. To this end, the socio-political developments of the Bahmaniyān period should be examined. Āfāqiyāns’ tendency towards Shia Islam in that period is another significant reason for carrying out this research. Finally, the significance of this research lies in there being religious conflicts between Āfāqiyāns and Deccanians and the social domination of each group under Bahmaniyān rule. This study tries to understand the Āfāqiyān-Deccanian relations under Bahmaniyān which constitute the most fundamental matter in this historical period. The main research question is ‘What factors played a role in Āfāqiyān-Deccanian relations?’ The hypothesis pivots on the fact that earlier Bahmaniyān kings’ attention to Āfāqiyān and this group’s economic and social power played a role in the Āfāqiyān-Deccanian relations.

    Research method

    Given the nature of the study, the method employed here is descriptive-analytical. First, by drawing on the first-hand, primary sources, the historical data are extracted and categorized according to the chronological and thematic order delineated in the initial plan. Then, the Āfāqiyān-Deccanian relations under Bahmaniyān are analysed in view of these groups’ socio-political position and the historical data gathered at the first stage. The grey areas in their relations are thus explained in simple terms.

    Discussion

    The socio-political history of Deccan under Bahmaniyāns boils down to the history of Āfāqiyān-Deccanian conflicts. From the outset, the Bahmaniyān kings had a stake in inviting Persians and using Āfāqiyān in myriad positions. Fīrūz Shah welcomed the immigration of more Persians and Āfāqiyāns into Deccan, trying to strike a balance between this group and Deccanians (Tabataba,  1936, p. 41; Ghauri, 1975, p. 165). However, the Persian immigration reaches its climax during Ahmad I’s rule (Aziz-Ahmad, 1988, 28). Having seized the throne through the efforts of his foreign friends, particularly the Persians (Freshteh,  1884, Vol. 1, p. 322; Tabataba, 1936, p. 48 & 54), Ahmad I transferred the capital city from Gulbargeh to Bīdar in  a bid to form a new community whose main element would be Āfāqiyāns (Mustawfi,  1961: pp. 30-43) and inviting Persians, especially the well-known family of Sufi order – Shaykh Neʿmatullāh Walī – to Deccan (Tabataba, 1936, p. 65; Fereshteh,  1884, Vol. 1, p. 329). The impact of Āfāqiyāns and especially the Persians on all aspects of social, political and cultural life of Deccan caused the impact of other groups, not least the Deccanians, gradually fade into insignificance. Ahmad I also thought highly of Shiite Muslims and sayyeds who migrated to Deccan from Iraq and other Arabic-speaking regions. He took a step for Āfāqiyāns: amassing an army consisting of Āfāqiyāns and assigning them to significant positions. Fīrūz Shah and Ahmad I, nonetheless, tried throughout their rule to strike a balance in power between the two conflicting parties. During their rule, therefore, no account of conflict between them can be found due to the policy adopted by the shahs. The open animosity between Āfāqiyāns and Deccanian, however, begins in the time of Ahmad II who was not so tactful as his predecessor. His hardcore pro-Āfāqiyān policy caused the Deccanians to be jealous and irritate about the king’s treatment of the former (Fereshteh, 1884, Vol. 1, p. 332; Tabatab, 1936, p. 83). Instructing the Āfāqiyāns to be on the king’s right hand and Deccanian on the left, he instigated a sedition (Fershteh,1884, Vol. 1, p. 332). This order angered Deccanians and, thereafter, they did whatever they could to fight their rival, which caused the decimation of many Āfāqiyāns at the behest of the shah (Fereshteh,1884, Vol. 1, pp. 334-336). He, however, regretted this and appointed Āfāqiyāns to important positions and punished the other group. It is indicative of the fact that Ahmad II modified the policy of parity and marginalized the Deccanians. At the beginning of his successor’s rule, Āfāqiyāns, being harshly treated by the shah, staged a coup against him. Although suppressed by the successor, Humāyūn Shah (Tabataba, 1936, pp. 88-94), the coup indicates that they were so powerful that they demanded the power that be implement the same policy adopted by Ahmad I and Ahmad II. Despite all this, the shah appointed Mahmūd Gāwān of Āfāqiyāns as minister.

    Conclusion

    Mahmūd Gāwān’s time in office, an upshot of the policy of power balance between the two conflicting parties, brought about a period of relative peace which lasted throughout Humāyūn Shah’s and Muhammad Shah’s periods. Towards the end of Muhammad Shah’s time, nonetheless, the popularity of Khawjeh Gāwān and of the actions he took rekindled the traditional Āfāqiyān-Deccanian enmity (Makki, 1910, Vol. 1, p. 165; Tabataba,1936, p. 95; Shahab Hakim, 1968, p. 91; Razi, 1961, Vol. 1, pp. 56-57). Mahmūd Gāwān was, therefore, killed in a conspiracy organized by Deccanians, at the behest of Muhammad Shah. Thereafter, Deccanians ruled the roost till the end of Bahmaniyān’s rule. One reason behind the fall of the dynasty was the conflict between these two groups – a conflict that was handed down – after the Bahmaniyān – to the local Shiite states like ʿĀdel Shāhiān, Nezām Shāhiān and Quṭb Shāhiān (Muqim Heravi, n.d., Vol. 3, pp. 26-65; Razi,  1961, Vol. 1, pp. 60-67). The whole conflict between these groups took a long time to form, a full treatment of which is not possible in this brief study.
     
     

    Keywords: Afaghian, Deccanian, Bahmanian, Deccan
  • Mohammad Namani, Masoud Khanjarkhani *, Aboosaeed Davarpanah Pages 243-262
    Introduction

     In ancient times, philosophizing was not mere theorizing, and the philosopher did not count on the mere consideration of the equations of the universe and nature: "The fundamental lesson of philosophy is" inviting man to change himself, "and therefore, philosophy, must be the process of" transformation through existence, life, and the search for wisdom. ""(Davidson, A.I.: 1990). According to Swami Sivananda, "philosophy, the perfection of knowledge (Vedanta), and the knowledge of the eternal existence of Brahmavidya, which speaks of the infinite existence of the mode of asension (Yogasastra). Philosophy, consciousness of existence, wisdom, and mind your way to reason. An ethical and rational epistemic, which, in the light of reason and law, and the delivery of the phenomena of the universe to their ultimate causes, tries to reveal the reality of supernatural phenomena. "In the meantime, the thought of a person such as Tagore can guide and send messages on the path to excellence. Tagore considers the unity of humanity with divinity to be the ultimate goal of the path, and imagines that a multitude of people has the divine unit, and the true backing of this spiritual alliance is love.
    Man is, above all else, a lover, and he has love, freedom, and perfection with man. Love is another name for understanding perfection.This perception of the existence, which leads to the unity of man with the whole - the penetrating soul: "In love, the differences are overwhelming, and the human soul brings about its perfection, as it comes and ends in the infinite tower.Therefore, love is a great prosperity. This conception and this look in the world can have clear and implicit messages for education. These messages are sometimes expressed by themselves, sometimes by other people, and in this article, they intend to include additional implicit messages in addition to their expression and extraction.The present article seeks to examine the educational outlook of this noble poet of the Indian subcontinent, in the framework of his worldview and his philosophy.A study of the specific angles of life, experiences, and ideas of this thinker makes us aware of the value of his thoughts and activities and allows us to apply the results and implications of the plan to the present.

    Research methodology

    Descriptive, analytical, and inference is a descriptive method. In theoretical foundations, Latin resources and mainly scientific articles were used. In the part of educational findings and ideas, in addition to the point of view of Tagore and other scholars, the implications and implications of the scholar were based on his theoretical foundations.

    Discussion

    Education without foundation and especially philosophical foundations cannot be trusted and cited. Most of the principles and methods of education in the world, and even Iran, are based on Western foundations. But with the knowledge of the boundaries of knowledge, it can be used along with Western, Iranian and Islamic foundations of Eastern ideas like India. Because in Tagore's thought is devoted to issues that are valuable, such as unity, empathy and unity of human societies; finally, Indian cultural similarities - at least with the West - with Iran, concerns and similar issues to the peoples of this region, such as identity preservation while universal unity. Globalization can have good messages for educational systems, especially Iran.  In the field of education of Tagore, education is regarded as a means of deliverance, escape, and the means of human excellence on a global and all-wise and comprehensive level.  "The conditions of education are imposed on children," says Tagore, "those who have not committed a sin and do not deserve to be punished. Do not allow the goals of education to fail due to its methods. The flow of education, even the most modest, is easy and natural, with the least suffering (Roy, 1916). In the training and skills of women and girls, Tagore was a precursor between the points and the paternal who, while identifying the vacuum of neglect of the role of girls and their disastrous consequences, set foot. Tagore believes that the coherence of school with society is a necessity and we have to link rational education to artistic and professional education that deals with the emotions and feelings of a person. Therefore, he himself included music and literature in his curriculum (Tripathi, V.: 2011).The importance and priority of art in the teaching of the Tagore is that of the child's imagination and the uniformity of its diverse personality. Art is for him both the language of education and its content and relation with the general unity and spirituality. And finally believed that nationalistic tendencies with global thoughts and feelings are not necessarily inconsistent. The ideal human being in has the benefit of a true spirit that fulfills regional and national interests, and its geography of democracy is transcendental and even beyond. In fact, Tagore believes in cultural integration and global unity and denounces aggressive nationalism (Das, D, 2014).

    Conclusion

      India is a region in southern Asia. The vast ocean of wondrous philosophies, cultures, religions, and history that brings with it a sense of enthusiasm, joy, and pleasure to anyone.
     Rabindranath Tagore Tagore is the most experienced Indian pedal. The artistic and wise poet of the artist, who, with a single copy of his predecessors, and the benefit of other cultures and new ideas, was able to make progress in the development of human thought and civilization, and to contribute to the promotion and promotion of great human values ​​in his own contribution. His multidimensional philosophy is an open and deep approach to the truth of the universe, the world and the universe; a comprehensive view of life and the indissoluble bond of all its elements; it combines philosophy with mysticism, which teaches infinite love, spiritual aspirations, and absolute liberty. The pedagogical views of Tagore are reflected in his Shantiniktan, the University of Visawabarathi and the Sherinakatan Center, and his works and life. He believes in the possibility of recognizing the truth that exists throughout the world and the existence of a serous man. Education is a flow of understanding of this fact, and it wants to establish a strong and continuous relationship between human flourishing. It is only a free and creative person who can use his capacity, under the guidance of mentors and mentors, to understand the inner world of the universe and to help achieve the individual and collective supreme educational goals in various fields of national and international scholarship.

    Keywords: Tagore, Unity, Empathy, Education
  • Ebrahim Vasheghani Farahani * Pages 263-282
    Introduction

     Arash shot and threw tension, opened the water and plant, and revealed the border, and the border was itself, water and plants.These are the basic components of the story of Arash,    which are repeated in a lot of Iranian texts, all or partly.The story of archer Arash wiche referred to in Iranian texts firstly in the form of mythology in Yashtha, gradually became part of the Iranian narrative of Iran history transforming into an epic narrative. Arash in contemporary researchs, often has the Parthian identity and he is considered the ancestor of the Parthians or Parthian-princes who have been courageous in disposing of the Northeast invaders. The name Arash, in the same vein, is considered to be the equivalent of the Arashk (founder and head of the Parthians), or it means a Bear or a Totem of the Parthians. Few researches do not regard the story of Arash as an Iranian narrative, but it is a narrative of Indo-Iranian and even Pre-Aryan, and it considers the equivalents of Vishnu in Indian mythology and the meaning of "Arash" is also brilliant and bright. In this article, for the first time, the author looks at the myth of Arash, from the perspective of the theory (The First Riddles of Otto Schrader) and the theory (The Gods Of The Three Actions of Georges Dumezil), and he is looking for the first and oldest Indo-Iranian God by analyzing and adapting the gods and mythological narratives of Persia and India, as a result, with the adaptation of that old God, we will find with the European gods, the oldest God and the oldest mythological narrative of the early Indo-European era, which Arash's story of that myth has come to us. Also, some considerations of etymology and historical and archaeological data, such as coinage, are other contributors to the theory of this article. The final result of this study is that the story of Arash is not a historical narrative in the Iranian era, and does not belong to the Party of the Era, but rather a mythological and very old mythological narrative in the era of the Indo-European, whose narrative structure, based on Otto Schrader's theory, is a mixture of three mythological mysteries: "The cycle of closing and opening the lighting and darkness", "The cycle of revealing and hiding the borders" and "The cycle of clamping  and opening water". And according to Georges Dumezil, the personality of Arash is a combination of three gods of clergy and kingdom, warrior (Borderand Land), and fertility (water and plants).

    Research methodology

    The method of this research is a combination of description and analysis based on documentavers in the field of Iranian, Indo-Iranians and Indo-European mythology and epics. It also exploits archaeological data extracted from rock banners, coins and seals containing information about the Aryan goddesses. furthermore, in this article, By the aid of  first puzzles theory of Otto schrader and Albert Joseph Carnoy in Arash myth structure analyzing,  and Trifunctional Gods hypothesis George Damézil in Arash character studies, were applied by researchers.   

    Discussion

    Mircha Eliade (1362: 14) and Claude Levi Strauss (2001: 1-62) believe that among myths there are fundamental siblings. Accordingly, the myths of the peoples of the homeland have sprung up and separated from the more ancient mythological myth in the age of the tribes. Albert Joseph Carnouille, and before him, Otto Sherard, have also pointed to the deep truth that most myths are expanded into a few initial riddles (Joseph Carnouille, 2004: 120-121). The first riddles are questions in the human mind that you are known to be. Each race, in accordance with the requirements of its biomass and the story of its collection, has some mysteries about existence. These riddles in the era of the split of that race into smaller breeds, cultivate in different ecosystems and with new storytelling.Ancient Indo-European Ancestors, according to the dark and dark climax of their first, whose vague memory of it is preserved in the image of Iranwij / Aryavaj Land (Minooye kherad, 1354: 62; Vendidad, 1997: Fargad 1, Section 2), Brightness is the most important and effective agent and agent in They saw their lives. All Indo-European people believed in masses of goddesses and goddesses of light, such as Jurmard, Maysara, Azar, Teshtar, Day, Yam / Jam, Thor, Zeus, and Jupiter. For this reason, the fundamental raison d'etre is - as you are God - from their point of view was a question: "How to shut the light and darkness". The other rumors were essentially another interpretation of this fundamental supermassive, such as "the cycle of good and evil," "the cycle of life and death," "the cycle of health and disease," "the cycle of ugliness and beauty," "the cycle of gains and losses". In all these riddles, one side of the puzzle is clear and the other is dark. Some riddles also find their answer to the fundamental rage of light and darkness, such as the "Boundaries of the Boundaries" and "The Closure and Opening of the Water". Indo-Iranians, on the one hand, were fighting with indigenous peoples of India and Iran, and on the other hand they defended their fields and pastures against the Indo-European tribes that followed them. For this reason, they were always disturbed by the "find and disappear borders" cycle. The Indo-Iranians also faced the farmer and livestock farmer with the "water closure" cycle, which is essential for plant growth. According to the Aryans, they were the goddess of light, guarding their borders, and ensuring the abundance of water and fertility of their farms and their flocks. In fact, Arash the god is a light that throws the rays of his rays, fills the boundaries and throws clouds into the rain.

    Conclusion

    Although  the story of archer Arash is often considered to be a party identity and Arash is considered as the Parthian Princes, who threw enemies to the beat of their fists from Iran's borders, this story is not only a Parthian story but also is older from Iranian and Indo-Iranians  period and the story of Arash should be a new executive of the very long-standing mystic mythology in the Hindu beliefs that its nature is brightness. And his act is a Shooting to protect the borders of the people of Hinduism and to give the boom and fertility to their lives.

    Keywords: Arash, Vishnu, Teshtar, Tir, Ariksha
  • Mehdi Hedayatishahidani *, Danial Rezapour Pages 283-303
    Introduction

     Following the changes in the structure of international power, the sphere of influence of the international powers has also changed, and, consequently, new regions of power have been formed in the world. One of the most important new areas is the Southwest Asia. Southwest Asia is, in fact, the intercontinental zone of the three continents of Asia, Europe and Africa, consisting of five geopolitical areas: Central Asia, the Subcontinent, the Caucasus, the Persian Gulf, and the Middle East. In this geopolitical area, due to the South-East Asia and East create linkage to the Middle East and Europe, the neighboring world powers, the Central Asian region and the Caucasus. So that, Pakistan has been referred to in most geopolitical views (Mehrabi & EghtedarNejad, 2014: 200-201). The Islamic Republic of Pakistan became independent in August 1947 after the independence of India. it has not been so calm since its independence. Today it is home to more than 180 million people in Asia's populous countries. Pakistan has always been engaging in long-standing rivalry with India (Ganguly & Kapur, 2010: 10), and in addition to border disputes on the Kashmir issue with deep historical and religious backgrounds, for many other reasons, this country has witnessed much unrest after independence. [The complex social and political environment in Pakistan, the ethnic and tribal nature of its social structure, militarists involvement in political affairs, the interference of foreign powers, and above all the religious conflicts with tribal rivalries with the interference of foreign powers, in particular the United States and Saudi Arabia, have been a good environment for Wahhabism growth (Rashydi & shahghale, 2012: 94)]. Given these reasons, there are many extremist groups that have emerged in Pakistan that threaten not only their security, but also the security of the region and even the world, which Iran is also exposed to. Accordingly, the research question is that after the independence of Pakistan, what factors contributed to a security crisis therein?

      Research methodology

    In the organization of research, firstly, should be addressed to the Third World National Security Theory. And then, the issue of the independence of the developments in this region, or the dependence on the security system of Saudi Arabia, India, Iran and the US will be evaluated in the context of an appropriate categorization with the Southwest Asian School of Security. Finally, the components of this theory on Pakistan and its impact on the political and security environment of the actors involved in the region will be assessed as a conclusion with the explanatory and descriptive method.   

    Discussion

    Pakistan has a multifaceted identity, which has suffering coupled with political instability, the inability of the central government to exercise domestic power, the increasing power of ethnic-religious loyalty, and the plight of civilian identity. Of course, sectarian extremism in this country alone is not due to the internal status of the country, but it can also be caused by regional developments (Sadri Alibaloo et.al. 2014: 10). All of these factors, in particular, the level of illiteracy and weakness of the economic fabric of these areas, have caused violent movements against the central government, which itself is in severe disruption in domestic structures. Therefore, the Pakistani government has little control over the borders of the country, and these instabilities directly threaten the security of the country (Fair & Chalk, 2006: 337). Based on the Third World Security Studies approach, the following factors together have seen internal conflicts in Pakistan that gradually diminished the legitimacy of this government: the social and religious situation, the economic situation and the legitimacy crisis of the government. In such a situation, the security of Pakistan has also declined by reducing political coherence. Hence, if we are to look at the domestic issues of Pakistan in terms of the Little Indicators, we find that the country, through ethnic and religious conflicts, along with the weakening of the central government, has led the nature of the government to a few states in which legitimacy is weakened and there is no legitimate authority and power. Despite government repressions, there are constantly conflicts between different groups with each other and with the central government to expand its influence and power. In the external dimension, Pakistan has experienced countless downsides over the past few decades; a long-standing controversy with three direct military confrontations with India over the region of Jammu and Kashmir, the traditional influence on Afghanistan's development, direct support and Indirect from dozens of radical religious groups in the region, disagreement and cooperation with Iran, strategic partnership with the United States and alignment with arabic countries of the Persian Gulf are among the characteristics of Pakistani foreign policy, which paves the way for the role of the various actors (Ketabi et.al 2016: 10). 

    Conclusion

    Security conditions in Pakistan are affected by instability in many areas, and the potential for conflict in the country is increasing. The impact of transnational threats or transnational challenges, such as radical Islamism, is only part of the equation, and these increase the risk of direct conflict between countries in the region, including with Afghanistan. Non-traditional security challenges impose the greatest risk to regional stability. Hence, the security of South Asian countries is more threatened by domestic actors than threatened by foreign actors. Of course, in some cases, the combination of complex and multi-layered internal and external factors leads to a security crisis, and internal crises such as the weakness of legitimacy, the lack of integration and weakness of the nation state provide the context for political divisions. The South Asian security environment also suggests an asymmetric balance of power in which is evident the intervention of a strong country on weak country in the form of support of strong country from a particular group or activity against it or the desire of a particular group within a weak country to benefit from alliance with a strong country for overcoming rivals. The role of Saudi Arabia, India, Iran, and the United States can be analyzed from this perspective. For America, countering terrorism and the non-expansion of geopolitical influence of China, Russia and Iran is important. On relations between the Islamic Republic of Iran and Pakistan, it is necessary to mention, due to its geographical and its cultural-identity affiliations, has not been taken into account. This is the point that was repeatedly expressed by Iranian foreign policy analysts as a weak point. The most important factors that focusing on ideological interests in the relations between the two countries over the years provide as follows: Mistakes caused by lack of attention to diverse regional capacities, lack of attention to religious differences and lack of expert decision making and lack of use of specialists. These issues undermined the economic and cultural interests. Therefore, for strategic alignment with Pakistan, the Islamic Republic of Iran can adopt a cultural-economic approach to relations with the countries of the region, while avoiding disagreements, cultural commonalities and economic needs of the parties should be taken into account.

    Keywords: Pakistan, Islamic radicalism, third world security, South Asia, Iran