فصلنامه حقوق پزشکی
پیاپی 52 (بهار 1399)

The process of theoretical approaches in explaining crime throughout the history is indicative of various interpretations of crime. In 1980s, in the light of French and German schools of thought, the post-modern movement arouse just because they have a new interpretation of the concept of crime within the domains of criminal justice. It was mainly believed that crime was the outcome of dominating political and cultural systems and hence criticized the inefficiency of modern criminal justice and norm producing systems; so that the post-modern promoters resorted to a different approach in evaluating the concept of crime by discarding assumptions and deliberate concepts in criminal justice, rejecting the etiology and criticizing the legal, spiritual and material principals of cirme. The aim of the present study is to investigate the theoretical paradigms of crime, its nature and objectives in postmodern criminal law and to evaluate the differences and commonalities of this intellectual insight with articles of the Islamic Penal Code in a descriptive-analytical approach.

The Present article is performed using by descriptive-analytical method.

The result of postmodernist reading of crime in the light of the components of power, mentality, discourse and denial of narratives, despite the strangeness and difficulty, in terms of critique of the basic concepts of criminal law is very important for crime discourse, especially Islamic penal code, because all orientations in criminal law are in the form of a definition of crime.

From a postmodern point of view, the definition of crime from harm, death, financial and dignity has changed to the violation of welfare, security, appropriate medical facilities and dignified life and crimes against welfare and basic human rights. In addition, the ruling power always restricts these inherent rights with racist ideas and gender and religious discrimination, or restrictions arising from different political and religious views.

Humanization of international law simply means the enter of human rights into international arenas as a superior entity. also it contains to participate of human being in international decision making processes as a member of international stable society and protect him in sensitive situations for example humanitarian positions and so on.in the point of international view humanization defines as a developing and genesis long term process. The concept of humanization in international law is being developed and international entities help to this development. Some of these entities for example humanitarian intervention or good governance are being created in directly to humanization and other entities help to this process. We have many international law entities that have been entered into humanization procedure but we can summarize the most important of them into three totally branches: international organizations, international responsibility system and creation of hierarchical in international law. Method of this article is analytic and explanatory.

The transfer of contractual obligations is a necessity of todaychr('39')s society, However, the development of this institution in the law of other countries also confirms this. Each person has the right to decide on his / her property and its transfer and since the contract is part of the personchr('39')s property, It must be possible for the contracting party to withdraw from the contract and transfer the resulting rights and obligations to another. Accordingly, the present study seeks to examine the transfer of commitment in the field of citizenship rights.

The method used in this research is descriptive-analytical in terms of subject approach, In other words, by collecting the materials and organizing them in an analytical manner, the main purpose of the research, namely the conditions for the transfer of commitment in Iranian domestic law and its impact on citizenship rights has been considered.

The conditions for the transfer of an obligation are not explicitly stated in Iranian domestic law. However, there are other institutions that apply in the field of civil rights in relation to contracts from this perspective, These include remittance, guarantee contract, employment contract and rent of persons, each of which has advantages and disadvantages. But the approach of renting persons with jurisprudential and legal support on the one hand and preventing the permanent domination of the mercenary over the pledged property on the other hand, is a suitable form of obligation to observe citizenship rights in the field of transactions and economic issues.

Terms of transfer of commitment in Iran are done according to rules such as remittance, guarantee contract, employment contract and rent of persons, due to the attention of the rental institution to financial and economic activities and services, as well as its proper efficiency in the field of ownership and transfer of commitment can be a useful approach in the field of citizenschr('39') obligations. In this way, by using the lease of individuals, both the benefits of the obligations and the domination of the hired person over the committed resources can be eliminated.

Islamic jurisprudence and law have various dimensions and components, and in this regard, the rule of no harm and the authority of deception in the field of social and economic relations and, in particular, the lives of citizens are of particular importance. In this regard, the present study seeks to investigate the role of the harmless rule in proving the authority of fraud and its impact on the issue of civil rights. Accordingly, the question arises as to how the no-harm rule can justify fraudulent authority and pave the way for the improvement of civil rights. The hypothesis of the article is: The harmless rule can significantly improve the citizenship rights by denying any harm in Islam and the free will by deceiving the role of the will and free will in transactions. The most important conclusion of the present study is that Imami jurists use the harmless rule as a basis for proving the authority of the deceiver. Also, the harmless rule, considering the prevention of any harm and loss and realization of citizenschr('39') rights, considers gross deception and deceitful ignorance as an obvious harm to the lives of citizens. Citizenschr('39') rights. The present study uses a descriptive-analytical method that collects information using library and documentary methods. Specifically, the study of the views of jurists and jurists is of interest in the present article.

Crimes against humanity are among the subjects that can be prosecuted by the International Criminal Court. Islamic Republic of Iran despite active participation in early stages of formation of this court has not joint this court due to certain considerations. One of the most significant of these considerations is the issue of crimes against humanity focusing on torture. Avoidance of torture and harassment of people has been identified as the most important human rights. There are scientific and well-established reasons that organized torture and harassment even in unofficial form cannot be considered a criminal policy. The most important ones of these reasons are as follows: necessity of human rights, speculative nature of judgments of the jurists as a method of deduction of criminal rules, evolution of criminal system, passage from verbally grounded jurisprudence to goal based jurisprudence and the necessity of paying attention to preservation of the content of governmental system around justice and ethics. It seems that the main hindrance that does not allow Iran to join the ICC is the domination of jurisprudential procedure and excessive attention to the external meanings of the Book, tradition as well as other sources of judgment in such issues. By finding a way out of this situation, interaction with the ICC and as a result avoidance of international isolation will be possible.

Norms in the world of law have two pillars: one of them is binding, and another is compliance. Soft law norms have only the second pillar. In the present study, it will be observed that the International Court of Justice, despite the classical formulas of the Article 38 of its Statute, plays a role in both the status of the executor and in the position of a humanitarian soft-law-making authority. On one hand, through the application of soft law mechanism by the Court, international humanitarian law norms are changed, interpreted, ratified, amended and even changed without the need for universal consensus and, on other hand, the Courtchr('39')s reference to humanitarian soft law can be seen as a way to facilitate the process of transferring these norms to hard humanitarian law. Also in the light of the Judicial Procedure of Court, humanitarian soft law has the potential to reinforce and promote the rules of international humanitarian law and, as the case may be, enhance them in the normative hierarchy of international law. On the other hand, the Courtchr('39')s usage of norms and documents of soft law has an adverse effect on the relationship between the courtchr('39')s position and the conduct of members of the international community.

Here in this article the use of modified consent forms along with describing the research procedure for aphasic patients that their disorder is caused by stroke are examined; this can improve their continent participation in research process and it can also preserve their rights as participants in these projects.   in this study 14 aphasic people who had experienced stroke at least three months before the experiment were chosen then the level of their problem identified by Persian Aphasic Test in three rehabilitation clinics in Tehran in June, 2014.  Then they categorized in 2 groups A and B, both groups first exposed to standard consent forms and then a questionnaire of 50 bi-choice questions checks their understanding. Here using U-Man-Whitney test shoes that there is no significant difference between them. Then the first group was exposed to a standard consent form advised by some universities in Ministry of Health and Medical Education and the second group used an adjusted form prepared by the authors with images, large fonts and key words on the screen. After the exposition the subjects were asked orally about the content of the forms. People who are exposed to adjusted forms could comprehend the process of study and their roles and rights better than those who exposed the normal forms. Statistics show that there is a significant difference between the performances of these 2 groups. Using linguistically aphasic friendly consent forms can help people with language disorders to preserve their rights and consciously participate in studies that can help to find some treatment for their incompetence.

Religious beliefs are the main focus of the culture of breastfeeding among Muslims. In this regard, following the religious ideals of Islam can play a key role in shaping the potential methods that are associated with infant strengthening methods, pregnancy, neonatal treatment, as well as reducing abuse or preventing the creation of false culture. The present study will examine the basics and roots of Muslimschr('39') religious, moral and spiritual understanding (apart from minor and marginal differences between its various religions) on the issue of infant nutrition as one of the fundamental rights and in this regard specific views of Islamic law and ethics will be discussed. In this study, it will be observed that on the one hand, in Islamic societies, there is a very close relationship between infant nutrition and the belief system, and this plays an important role in promoting health education and increasing the quality and quantity of breastfeeding and on the other hand, how can an Islamic religious discourse recognize the right to breastfeeding as a fundamental right.

Child pornography is one of the instances of sexual exploitation against this vulnerable group that, despite numerous international instruments, has become so widespread that no place in the world is safe from this problem. In 2000, the Optional Protocol to the Convention on the Rights of the Child, with the aim of universalizing criminalization of pornography, was ratified by significant countries such as Iran. In light of the effects of this accession and alignment with the international community, the House of Representatives approved the Law on the Protection of Children and Adolescent in 1399. The present study, which analyzes the data collected using the library tool, seeks to answer the question of whether the law is compatible with the Optional Protocol. Given the continuation of the lawchr('39')s Mutual approach to victimization and criminalization child pornography with adolescent consent, the result implies a complete noncompliance with the protocol that calls for governments to change their attitude toward absolute child victimization.

In recent years, the concept of "patientschr('39') rights" has become one of the most important topics in the literature of writers and lawyers. But despite this importance, there are many gaps in the sources of patientschr('39') rights. In the Iranian domestic legal system, there is only the Charter of Patients chr('39')Rights, which specifically addresses the issue of patientschr('39') rights. In the present study, which has been collected by descriptive-analytical method and with library tools, it will be observed that the Charter of Patients chr('39')Rights in Iran has many gaps in order to protect and guarantee patientschr('39') rights. But this does not mean that no other tool can be found in Iranian domestic law to guarantee patientschr('39') rights. Many examples of patientschr('39') rights have been considered in the literature of international human rights documents, and these documents and their norms can be applied in the field of domestic law in Iran. Of course, this does not mean meeting all the needs in the field of domestic law, but it is necessary in Iranian domestic law, an independent law on the issue of patientschr('39') rights to be designed and approved.

 Social liability as a social activity is closely related with the citizenship rights and has caught the attention of the companies and economic organizations. For this reason, the main goal of the present study is the evaluation of the issue of social liability of the companies in view of the citizenship rights.

 The method used in this essay is the Grounded Theory. In this method, contrary to other methods that begin with the hypothesis, for construction of new theory it is sought to create a new theory in a special area. Particularly, this new theory is grounded in theideas of the professionals and experts. After the collection of their information, these ideas are announced in the form of determinate codes and finally expressed in the form of a coherent theoretical model.

 Given the ideas presented by the experts and professional in the domain of companies, such factors as social intelligence, desirable political conditions, social protection, creative leadership, accountability of managers and staff, observation of the social rights, attention to Islamic ethics, philanthropic aids and participation in the social charity activities, these can contribute to the realization of the citizenship rights. 

Given the model that was designed for the creation of social liability of companies in banking industry, the managers of the companies are required to pay increasing attention to the customers, financial transparency before them, observation of the dignity of people, helping people to solve their social problems, promotion of philanthropic perspective, observation of customer’s rights, dimensions of social value for the customers, observation of the social justice among the citizens and also application of social intelligence of the managers in dealing with the customers. These are among the factors that can increase the social liability before the citizens.

Public procurement has a significant role in the economy of each country and its importance caused some international organizations such as UN, WTO, have also adopted regulations in this regard. In many studies, the principle of transparency is one of the key principles governing public procurement. Transparency means being aware of the decisions of public officials, which has been the legal attention in recent decades and has been considered a component of good governance, which has various dimensions. Transparency in public procurement means that information on the public procurement process must be available to everyone: contractors, suppliers, service providers and the public at large, unless there are valid and legal reasons to keep certain information confidential. This issue closely related to citizenship rights and is even mentioned in the Charter of Citizenship Rights as a right, because the cost of these purchases is covered by public funds and taxes and ultimately it is the citizens who benefit from these purchases and thus they need to know how to spend that money. The main issue in this paper is to examine the scope and examples of transparency in public procurement and its relationship to citizenship rights. The present study tries elaborating the issue, in the Iranian legal system and UNCITRAL Model Law on Public Procurement. The study show that in the Iranian legal system, principle of transparency in public procurement in embodied in several codes. Overall since of inefficient rules and lack of effective sanctions, there is a need for comprehensive legal.

In England penal policy from the advent of the "New" Labour government in May 1997 signalled an increasing recognition of the determination to prevent youth offending. Both the crime and disorder Act 1998 and the Criminal Justice and Immigration Act 2008 and Other laws, place the prevention of youth offending as the principle aim of youth justice law and policy. The purpose of this paper, which is an analytical-descriptive method, is to examine the patterns of prevention that governs British legal policy in the justice system for children and youth. Considering the laws enacted in this system of law, the mechanisms adopted in the judicial system and the law, often indicate a tendency towards criminal and criminal measures (Criminal Response Model) and intervention in the criminal situations of children at risk of crime (a model of preventive action for growth) and has gradually diverted from early prevention policies, namely non-criminal, and support for needy children.

Violation of the domain name that has emerged today with the rise of e-commerce in the Internet space has had many effects on legal rules and regulations and has been considered in terms of individual and social rights. The present study examines the examples of domain name infringement and its effects on civil rights, including consumer rights, and considers domestic and international laws in this field.

According to the approach of the present article, the use of documentary sources and libraries to study the subject is on the agenda. The present research method is descriptive-analytical, which is considered a qualitative method in a macro perspective.

When trademarks are used without a license in the domain name, they infringe on the rights of trademark owners, which in itself constitutes a kind of violation of citizenship rights. The most important causes of violations are consumer misconduct, non-compliance with the right to register trademarks, lack of appropriate criminal law and non-implementation of e-commerce law. Trademark infringement, including domain name infringement, comes in a variety of forms, including pop-up ads, misuse of metatags, framing, tampering with trademark credentials, simulation of trademarks, and forged links that threaten economic interests and rights. Consumer social is also an example of a violation of civil rights.

Consumers and e-commerce activists have well-known rights in the field of e-commerce, which in various ways require the protection of the name of the trademarks in question. Accordingly, domestic law, including Article 66 of the Electronic Commerce Act, and international jurisdictions, including arbitration, WIPO, and other laws governing intellectual property disputes, play an important role in the realization of citizenschr('39') rights, including consumers and users of e-commerce

Damages caused to a person by bodily injury fall into two general categories: material and immaterial. Economic losses or material losses are the most important part of bodily harm, in this way, after the injury, in addition to the costs of treatment or care, the person may lose his financial resources permanently or for a certain period of time due to the impossibility of performing previous activities. It is important to know how much of these damages can be claimed and what the criteria for receiving these damages are, in particular, part of this damage is not accurately calculated and is ambiguous, because these damages are related to the future, not the present; This means that in the future, a person could have survived or lost his or her job for several years if this had not happened. So these calculations have been challenged. In this article, with a look at the principle of the ability to compensate for all damages, we believe that compensation for disability, apart from the meaning of pure economic damage, and based on comparative law, especially the three countries of France, England and the United States, we have examined how to calculate these damages.

The main purpose of this study is to investigate the basics of the insurerchr('39')s subrogation principle in Iranian law and its application to British law. This research is done by document review of sources. Insurance contract has basic principles that are less applicable in other contracts due to its special features. Among these principles, we can mention the principle of good faith, the principle of compensation, the principle of prohibition of double benefit, the principle of deputy and the principle of representation. However, the subrogation Principle is one of the most important and practical principles governing indemnity insurance; the legal basis of this principle is rooted in Article 30 of the Insurance Law of 1316, which stipulates: The insurer to the extent that the damage is accepted or pays to the persons responsible for the occurrence of the accident or damage, becomes the representative of the insurer and if the insured takes action that is contrary to the said contract is held liable to the insurer. The legal nature of insurerchr('39')s subrogation principle is a kind of personal successor that results from the payment of another debt. As can be seen, the mentioned Article is vague and general. In English law, the doctrine of subrogation is based on the rule of justice. The purpose of the Subrogation Principle in UK law is to prevent overpayment to the insurer in order to prevent it from being undue possession.

Worldliness is the destination of the world and the pursuit of world power and wealth without regard to the immortality of the world and the truth of the hereafter. This study examines the reasons for Worldliness criticism from the perspective of Islamic citizenship with emphasis on the verses of the Qurchr('39')an and Nahjul Balagheh. A library method is used to study and analyze the views of religious thinkers in the present study. The Holy Qurchr('39')an has repeatedly denounced excessive attention to the world and the worldliness and considered it one of the most important reasons for the decline of past societies and civilizations. It was also stated that the most important reason some people did not accept the invitation of the prophets was their worldliness. What is not used in the verses and narrations is that love and affection for the world and its contents, such as children, property and other forms of life, are bad and the remedy is not to suppress interests and affection. Rather, what is ugly in Islam is intense dependence and attachment to the world. Therefore, the world that is cursed in the Islamic culture and most blamed on Nahj al-Balagha is the world against religion, not the world against the hereafter, because the world and the hereafter are interconnected and the world is the basis for entry. In Nahj al-Balagha, also there have been many accusations and denunciations of the world from the language of Imam Ali (AS). In fact, worldliness has been cited as a factor in deviating from justice in Islamic citizenship. Finally, it can be stated that there is no encouragement of the worldliness in the principles of Islamic citizenship and the respect for the rights of oneself and other citizens requires independence from the world.

In different legal systems of the world, there are different views on judicial guidance and its effect on judgment. On the other hand, the issue of judicial guidance is significantly tied to the issue of civil rights. In this regard, the present study seeks to examine the position of judicial guidance in the judicial system in terms of influencing the field of civil rights.

The method used in this research is descriptive-analytical and the information has been collected by using documentary and library resources.

During the judicial guidance process, the rights of the litigants are shown to them and the guidance of the judge has a detrimental aspect and the parties are not required to obey the order. In addition, the judge can guide the parties to the litigation without addressing a specific person; While the other party has the right not to do so, the judge seeks to discover the judicial truth and adapt it to the objective truth, which is part of the process of achieving judicial justice and the realization of civil rights.

Islamic law, by defending judicial guidance, has significant effects on civil rights; that by minimizing the length of the proceedings during the examination of judicial cases, it minimizes the financial costs and the time of their examination; it also prepares the ground for judicial justice with the guidance of the litigants. Judicial guidance leads to the discovery of the truth and the prevention of the violation of citizenschr('39') rights as litigants. Also, by using judicial guidance, trust in the judiciary will be increased and judicial security will be expanded.

Financial crimes as one of the important criminal and legal issues constitute a major part of Iranian law insofar as it is taken into account both in the pre-Revolution and post-Revolution laws. Accordingly, goal of present study is the examination of the manifestations of the innovation in the law of the procedure of implementation of the financial proscriptions and its influence on the citizenship rights. In other words, concern of the present essay is the way that innovation in the law of financial proscriptions can influence the citizenship rights.

The method used in this essay is descriptive-analytic. The required data have been collected through library studies. 

The law of financial proscriptions in addition of implementation of the innovation in some regulations, has taken advantage of methods but imprisonment that can provide the ground for betterment of the conditions for the strengthening of citizenship rights through reduction of imprisonment, possibility of arrangement for payment in instalments, delay in payment of debts, possibility of employment of the convicts, necessity of existence of witness in a file, presentation of financial properties of the financial convicts. Particularly, prisonment reduction and attention to the alternative punishments in the law of the procedure of the implementation of the financial proscriptions adopted in 2015 are in line with the fundamental citizenship rights as stipulated in the constitution, Isalmic penal code and promotion of equality, freedom and human dignity.

Law of financial proscriptions, given the decisive punishments in the field of financial issues, along with prisonment reduction, reform and rehabilitation of convicts, human treatment of convicts through separation from other convicts, replacement of the imprisonment and change of the process of witnessing, providing the citizenship rights, has paved the path for implementation of the financial proscriptions. Particularly, since some convicts (whether the cash convict or financial convicts) refuse to pay their fines or are unable to pay, this law allows the arrangements for payment through instalment and delay in payment of the fines, and provides the ground for the convicts for easier payment of debts.

Violence against children is one of the issues that has a long history of humanity and in different periods of history has targeted children in different ways and unfortunately today as a growing phenomenon in societies it is called civilized appearance. Vulnerability due to physical weakness, young age, and shaky social status are some of the things that always put this group at risk of victimization. The purpose of this study is to historically review the laws and legislative criminal policy of the Islamic Republic of Iran in preventing child and adolescent victimization and efforts to support working children, orphans and abused in society.

This descriptive-analytical study using library data has historically examined the laws of prevention of violence against children.

The research findings indicate that during the past decades, various laws have been passed in Iran to protect children and prevent their victimization, which have shortcomings every year.

The results of the research show that with the passage of time and the emergence of new social and cultural situations, criminal and legislative laws have been enacted to better prevent the victimization of working, vulnerable, homeless and abused children, including the use of helpers, structural changes. In the rules and approach of the police is specific to children.

Fighting corruption has been one of the main problems of political systems from ancient times to the present day. In this regard, institutionalization and decision-making on how to deal with corruption and solve the problems of citizens, is an important part of the legal rules in any society. The present study examines the position of the National Inspection Organization in combating corruption and civil rights.

The method of the present research is descriptive and analytical. The information has been collected through documents and libraries and their analysis has been done by reasoning and inferential methods.

Due to its oversight in economic, political, cultural and social dimensions, the inspection organization can be considered a guarantor for the realization of citizenship rights and prevention of its abuse. Countering bribery, bribery, monitoring the performance of other apparatuses and forces, pursuing complaints and public criticism are all manifestations of citizenship rights.

Extraordinary and continuous inspection of organizations and executive bodies, as well as increasing the powers of the inspection organization can be a defender of civil rights in the Islamic Republic of Iran. In addition, targeted monitoring and inspection and principled fight against corruption and profitable rent-seeking, especially in the public sector, will lead the countrychr('39')s facilities and talents to productivity and progress, and prevent the waste of public resources and in this way, it brings prosperity and improvement of systems in the field of public and social welfare to the society, which is one of the examples of civil rights.

The right to education is a fundamental human right and governments are obliged to provide it free of charge, at least in the form of basic education, to the people of their community (Article 26 1 1 of the Universal Declaration of Human Rights), which is, of course, common to all governments and it is mentioned in the constitutions of most countries, including the constitution of the Islamic Republic of Iran, which is also mentioned in Article 30. In this regard, in the present study, we tried to examine the desired model of human rights in Iran from the perspective of its education among the faculty members of East and West Azerbaijan universities.

The research method is a combination of quantitative and qualitative methods. Type of data is Quantity Which chosen among 54 people, 38 university professors with snowball method in Eastern and Western Azarbayjanhay practices and questions have been raised. Data were collected in such a way that the validity and reliability of research questions were assessed using semi-structured interviews.

Human rights education activities require material costs and planning in various areas of formal education that can foster right-wing thinking among members of society. Also, the most basic step in fulfilling human rights obligations is to teach it to students in schools so that the culture of peace and human rights can be confidently internalized in the minds of the next generation of society, from the very beginning of civil life.

An examination of the Iranian legal system shows that the Charter of Civil Rights does not show human rights education or citizenship in schools, which is a big mistake. To address this weakness, the inclusion of human rights units in schools is essential. The governmentchr('39')s lack of serious will to promote human rights sends a message to Iranian civil society that it has taken the initiative and address human rights education among the most vulnerable, including women, children, minorities and the disabled throughout the country, especially in less developed areas.

Inefficiencies and criticisms of the traditional model of curbing the criminal phenomenon, as well as the achievements of special criminal sciences in recent decades, have led to a fundamental and new change in the ideas, patterns and tools of litigation. And new species have been punished. Today, one of the main challenges in the discussion of laws is that excessive resorting to the guarantee of criminal enforcement has limited the freedoms of individuals, imposed high costs on the government and disrupted the functioning of the judiciary. Decriminalization is one of the levers and mechanisms used by the legislature as a policy of retreating the penal system, thereby depriving criminals of their criminal titles. The findings of the present study show that the Iranian legislature, inspired by the basic principles of criminal law, can take a new step, or in other words, a justice-oriented reading in order to decriminalize and adapt Iranchr('39')s criminal policy based on global model and model of criminalization.

The concepts of human rights and citizenship in todaychr('39')s world are Sensitive and key concepts which they have been noticed because of the connection with social and political issues. Poets and writers are always concerned with expressing the social issues of their society and the literature of every age reflects the problems of that society. Accordingly, the main purpose of this study is to investigate some indicators of the concepts of human rights and citizenship in the Divan of Parvin Etesami and Tahereh Saffarzadeh.

In the present study, library resources and the Divan of Parvin Etesami and Saffarzadeh have been used to collect information by documentary method. The approach of this study is descriptive-analytical, which has been done qualitatively.

By examining the indicators of human rights and citizenship in Parvin Etesamichr('39')s works, it was determined she expressed her hatred with irony due to the suffocation in the about freedom, injustice and class distance, lack of attention to the orphanage, criticism of poverty and deprivation, criticism of peoplechr('39')s lack of love for each other. Tahereh Saffarzadeh has also directly stated the above components along with patriotism, science and knowledge, social and moral harms. She also believes in "negative peace" about the index of peace in her poems.

Reflections on the wise poems of these two poets shows that what has made these two poets popular is the compatibility of their poems with the social issues of the society. The important point in the works of these two poets is that they have never suffered from everyday life and they have always sought "de-acquaintance" from the social issues of their time. So that with a critical view and with humanitarian sentiments, they have pointed to the characteristics of human rights and citizenship.

Medicine is one of the oldest professions in human history and is of special importance due to its close connection with the death and life of human beings. To the extent that medicine has been considered by ancient civilizations and due to its sensitivity, laws and regulations have been enacted in this field. Since the doctor deals with the body and soul of people, despite his mastery of his treatments, he may not have the desired results and may even cause harm.

The method of conducting research is analytical-descriptive and this concept has been studied using the legal cases in the British jurisprudence.

In the English legal system, judicial procedure and court rulings are the most important source of a physicianchr('39')s commitment to treat and rescue patients; In the UK, if a doctor commits to a particular outcome, "the courts will look into the matter without regard to the commitment guaranteed by him." Has he done the desired and sufficient effort and skill that a normal person is a member of the same group and with the same amount of expertise or not? And the defendant (physician, etc.) if he cannot prove the usual care, is considered a violator of his care duty, which is in fact a kind of criterion that accuses the doctor of negligence.

In the United Kingdom, courts, in the interests of society, sometimes hold individuals responsible for damages resulting from their actions, regardless of whether they have committed a crime or not. To realize the concept of damages in cases of medical malpractice in the UK, a number of elements are listed that include three basic and important elements: 1- medical error or the presence of a harmful act; 2- Injury to the patient, the patient must prove that the physician caused the damage by violating his legal or contractual duty (negligence); 3- The causal relationship between the breach of the covenant (harmful act) and the harm inflicted on the patient (ie there must be a customary causation between the harmful act of the physician and the harm inflicted on the patient.

With the Advancement of Science and Technology, New Challenges Enter the Legal Field. One of These Advances is Cryonic Technology, Which is a Form of Human Protection. in the Cryonic Process, the Human Body Freezes at Very Low Temperatures (Minus 196 Degrees) to Prevent the Decay of Living Cells. in Fact, With This Process, the Human Body Can be Preserved Until a Cure is Found for Certain Problems and Diseases, And Life Can be Restored to Frozen People. the Present Study, Which Has Been Compiled by Descriptive-Analytical Method, Tries to Compare the Definition of Death and Suicide By Explaining the Process of Human Freezing. The Findings Indicate That There Are Two Views in This Regard: Some Jurists Believe That the Cryonic Process is Not Allowed. Because This Process and Consent to it is in Fact Considered As an Example of Suicide or Suicide and in Line With its Ruling, They Cite Verses and Hadiths That Prohibit Suicide or Suicide. in Contrast, Another Group of Jurists, Based On Various Verses and Hadiths, Including "I Am the Revival of the People", Have Issued a Ruling Authorizing the Cryonic Process. Examining the Evidence and Considering the Concepts of Death, the Stages of Human Life in Terms of Medicine and Suicide, It Becomes Clear That Cryonics is Not Just a Case of Suicide. Rather, It is an Opening to Life, And as a Result, the Process Seems to be a Logical and Justified Solution For the Incurable Patient.

Today, due to extensive studies on the victim as another actor in the criminal phenomenon, and also with the advent of the science of victimology, the victim is no longer considered as a secret element of crime and his real position and rights are not kept in the margins; Hence, we are witnessing a different approach to the victims of crime, especially the elderly victims of the past. These studies also cover a wide and diverse range, which includes: The victimchr('39')s own influence in the process of realizing the crime to address the issue of what support he or she needs after being victimized.

The authors, due to the lack of comprehensive and obstructive research on the protection of elderly victims, and in particular its comparative study with the United States, which has been innovative, In the present article, using a descriptive-analytical method, the desired legal protection of elderly victims in the Iranian penal system is explained and evaluated by looking at international documents and American law.

Therefore, the findings of the forthcoming research on the protection of elderly victims are a new perspective in the law of most countries that has opened the impact of moral and ideological motives on victimology to victims. Therefore, since the social vulnerability of the elderly is higher than criminal phenomena, it is necessary that the level of legislative, judicial and executive support for the elderly victims of violence be wider.
Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

In the present study, it will be observed that the diversity of layers and dimensions of criminal policy, in relation to support victimology, makes it possible to lead to a multidimensional support structure Which is based on legislative criminal policy. On the other hand, in order to protect the rights of victims in the international arena, the need for more documents in this regard is felt.

In recent years, many advances have been made in the field of genetic engineering and medical sciences. The simulation process is one of the important examples of these developments. This issue has been considered by researchers and researchers from two perspectives: one is to use the simulation process to treat diseases and the other is to use this process to produce new humans. Some researchers in the field of ethics have raised challenges related to the various functions of simulation practice and have opposed them due to the existence of these challenges. Since the field of ethics is one of the most important principles in the field of law and jurisprudence, in the present study with a descriptive and analytical method, it will be observed that the simulation process for the treatment of diseases is not only in conflict or conflict with jurisprudential and moral principles, but also Has been confirmed and emphasized for its very important role in the treatment of diseases, but in connection with the function of the simulation process to produce a new human being, there are important moral and jurisprudential challenges that have caused many jurists to oppose this process. Correspondingly, in the field of criminal law, relying on the principles of innocence and resorting to narrow interpretation, basically the act of simulation with the purpose of treatment cannot be considered a crime until it is included in the explicit text.

The provisions of the marriage contract provide guidelines to support family solidarity and protect the rights of both parties to the marriage, which is both in accordance with the Imamiyyah jurisprudence and in accordance with the law, as stated in Article 1119 of the Civil Code: "A woman may enter into any marriage contract. To act in a manner not contrary to the requirement of the contract." One of these is the requirement to divest property in 1362 in order to provide financial support to divorced women and to compensate for the shortcomings of the law in printed marriages, which some jurists believe to be a misconception of the rights of European countries with little or no involvement. It is seizure. The result of this study is that jurisprudential rules such as the rule of dominion and the rule of condition can be considered as the basis of this condition. On the other hand, due to the ambiguities and deficiencies that exist in this condition, there are problems in executing that, in addition to not providing financial support to divorced women, even cause them to be wandering about their rights and in most cases men being burdened. The responsibility arising from this commitment is shunned. On the other hand, this condition precedes the proverb and the proverb and according to many jurists, women are deprived of the prerogative of the priesthood by earning up to half the wealth of the man. The present study has discussed the disputes on this condition such as the impossibility of the condition, the unclear extent of the couplechr('39')s commitment, the taste of some judges, the problem of proving a manchr('39')s property for his wife, etc. and has attempted to resolve these problems. It can also be argued that the divisive and religious condition of the marriage has provided security and ethics for married life, strengthened this relationship, strengthened family foundations and reduced divorce rates. Certainly identifying the condition for divestment of the couplechr('39')s property is in line with the exercise of citizenship rights.

Today, Womenchr('39')s Rights are Discussed and Emphasized in Different Ways in Different Philosophical and Political Schools of the World. One of the Manifestations of Womenchr('39')s Rights is Reproductive Rights, Which Have Many Sexual, Physical, Cultural, Medical-Health and Socio-Economic Dimensions. In Addition, Womenchr('39')s Reproductive Rights in Islam as One of The Important Dimensions of Womenchr('39')s Rights, Before, During and After Reproduction is Considered. Accordingly, the Purpose of This Study is to Investigate the Examples of Womenchr('39')s Reproductive Rights in Islamic law.

The Method Used in the Present Study is Descriptive-Analytical That by Collecting Data Through Documentary Sources and Libraries, the Issue of Womenchr('39')s Reproductive Rights Has Been Studied.

In Islamic Teachings, Examples of Womenchr('39')s Reproductive Rights Based on Their Inherent Dignity as Human Beings are Seen in Issues Such as How to Control Births, Womenchr('39')s Dignity, Their Rights in Educational and Health Issues, and Reproduction and Limitation of Generations. Also, the Rules of Harmlessness, Urgency and Domination, Based on the Harmlessness of New Methods of Female Reproduction, the Lack of Hardship and Hardship on Human Beings and the Domination of Women Over Their Bodies, According to the Teachings of Sharia, Can be Considered as Protectors of Womenchr('39')s Rights in the Field of Fertility.

Based on Womenchr('39')s Reproductive Rights in Islam, the Rules of Islam Focus on the Protection and Maintenance of Women in Various Matters, Including Fertility and the Factors That Support it. Considering That the Source of Rights in Terms of Islam and Islamic Law is God and His Legislation, in Order to Determine the Instances of Reproductive Rights, one Should Refer to Religious Sources and Texts and Judge the Acceptance of Customary and Sharia Law Accordingly. However, the Right to Education, the Right to Onechr('39')s Own Body Through Legitimate Means, the Right to Have a Number of Births and to Increase or Decrease Them, Are Examples of the Reproductive Rights of Couples and, in Particular, Women. Given This Issue, Womenchr('39')s Reproductive Rights, as One of the Emerging Issues, Requires the Use of Scientific and Medical Achievements Within the Framework of Sharia and Sharia Teachings.

The legal obligations include legal relations between the individuals and, in case of the existence of obligation; they are realized as commitments to be fulfilled and, in case of their being annulled, they are termed the aborted commitments. From this perspective, legal obligations are found different in various schools of law and the present study seeks investigating the legal formalism approach in the area of the commitments’ abortion.

The study makes use of a descriptive-analytical method based on research in books, articles and legal perspectives. Thus, documentary and library research is the information gathering method of choice herein.

Article 264 of the civil law has investigated the commitments’ abortion in various ways that incorporate fulfillment of the promise, rescission and relinquishment of claim, transformation of commitment, barter and regaining of the promised thing. Keeping of the promise is the most ordinary method for the abortion of commitment; rescission, as well, is the very revocation or the dissolving of the transaction by reaching an agreement; relinquishment of the claim includes the obligee’s withdrawal of his or her rights without receiving anything in exchange; commitment transformation is the replacement of a prior commitment by a new one; barter, as well, is the parties’ becoming of equally committed to one another; regaining of the promised thing, as well, is taking possession of what an individual has been committed to its procurement.

In the light of the legal formalism approach and the fuzzy logic governing the relations between the individuals obeying the laws and most primarily, the legal norms, the means of the commitments’ abortion as well as the article 264 of the civil law have been designed and approved within the format of a whole featuring logical order.

Please cite this article as: Borji H, Ghasemi Hamed A. Legal Formalism Approach to the Abortion of Commitments: Conditions and Musts. Iran J Med Law, Special Issue on Human Rights and Citizenship Rights 2020; 449-459.

Despotism is any sort of autocracy in one’s own ideas. Ideological despotism is enumerated amongst the divisions of despotism. In the holy Quran and Nahj al-Balaqah, a special attention has been paid to ideological despotism in such a way that the investigation of these two precious books indicates that their teachings are at odd with despotism, haughtiness and autocracy. The present study aims at elucidating the outcomes of the ideological despotism in the social ethics and ways of getting rid thereof according to the ĀYĀT in the Holy Quran and Amir Al-Mo’menin Ali (PBUH)’s recommendations in Nahj al-Balaqah.

The present study has been conducted based on a documentary-library research method. Holy Quran and Nahj al-Balaqah are the primary sources of research.

In his existence, the mankind is qualified for three layers of beliefs, ethics and deeds. These three layers are always influencing one another mutually. In other words, the human beings’ beliefs always influence their temperaments and dispositions which in themselves influence the deeds, behaviors, actions and reactions of them. Subsequently, the human beings’ deeds also influence their immediate periphery as well as the other individuals. Ideological despotism is amongst the disapproved things that intensively influences the despotic person him or herself in addition to the ethical indicators of the society and it is followed by unpleasant consequences.

Based on the ĀYĀT in the holy Quran, ideological despotism in the society is the root of pretention to being moral and negative phenomena such as annoyance, exploitation, suppression, dispersion of harassment, creation of class-based systems, spreading of insolence, imprisonment of the innocent persons, sealing of the hearts, oppression, deprivation of freedom, destruction and perishing, torture, murder, tyranny and prevention of faith and, in one word, negligence of the mankind’s human veneration and honor. The Holy Quran and Nahj al-Balaqah state that the human beings’ release from ideological despotism lies in seeking assistance from the God, relying in God and exercising forbearance, practicing ethics and piety and unification between the people.

Amongst the financial rights a man should pay to his wife is marriage portion which is not enumerated as one of the primary pillars of permanent marriage contracts and it is not to be necessarily determined and mentioned in the instant of the contract’s conclusion. The present study aims at the jurisprudential-legal investigation of delegating the determination of marriage portion to third persons from the perspective of the Islamic citizenship rights. The study’s pivotal question is that how the marriage portion’s delegation can be rendered consistent with the Islamic citizenship rights? In other words, what are the most important jurisprudential and legal reasons justifying the delegation of marriage portion’s determination to a third persons?

The present study is a review that uses documentary and library researches as its sources which will be analyzed based on qualitative-descriptive method. Thus, the article’s method is descriptive-analytical.

Delegating the determination of marriage portion to a third person can be done during and even after concluding the marriage contract and, as put by jurisprudents, it is in this case termed the delegated determination of marriage portion. Couples have certain rights for delegating the determination of the marriage portion as stated, saying, in article 1089 of the civil law and they can have their rights fulfilled based on the duties and commitments explicated for the third person and it is in this respect no barrier to their rights’ fulfillment. Moreover, delegating the determination of marriage portion to a third person should pave the way for the family formation as a sacred tradition in Islam.

In regard of delegating the marriage portion’s determination to a third person, a woman can enjoy all her rights in respect to the marriage portion hence the economic aspect of her citizenship rights is observed; however, if the issue is interpreted as a marriage contract without determination of any marriage portion, it would be a wastage of the wife’s rights. Therefore, the non-determination of marriage portion and the delegation of marriage portion’s determination differ in that the wife’s rights persist in the marriage contract in the latter while her rights are discarded in the former. Therefore, accepting the right of delegating the marriage portion’s determination to a third person, a woman only grants him or her the right of clarifying and determining her marriage portion and the marriage portion remains as a right for her. Thus, from the perspective of the Islamic citizenship rights, marriage portion is a woman’s right whether an agreement is found reached thereon or not.

Given that the patient is independent and has the will and if there is no prohibition or restriction from the religious point of view, he has the right to make any decision in his medical affairs, the question is whether the patient that is unconscious for a period of time is competence to make a decision in advance? In recent decades, the knowledge of modern medical ethics with a patient-centered approach and attention to autonomous importance, by devising strategies such as lifelong will and advocacy in medical affairs. The purpose is to determine the patientchr('39')s will before the patient becomes incapable of making a decision and provide it to physicians to determine the patientchr('39')s treatment process.

In this article, a library study is performed using descriptive-analytical methods.

This research with a jurisprudential and legal approach and after a brief study of the solutions proposed in medical ethics, by describing and analyzing the jurisprudential arguments and opinions of jurists proves that although the medical will is not valid and effective, but the patient is able to get a lawyer in medical affairs to determine when he is unconscious and making decisions.

The findings suggest that a person may, in the form of a solh Contract and by considering the jurisprudential and social status of the contract, regulate his medical and therapeutic matters and delegate the decision to another person for the time of anesthesia or when he lacks the ability to make decisions.

Along with the law, the judicial procedures are enumerated amongst the most important sources of the legal regulations’ creation. Although judicial procedures have been mostly considered in Iran’s administrative law system as a secondary and interpretational source of the law, the role of the administrative courts, especially and atop of them, the role of the administrative justice tribunal has been very important and vital in the expression and production of the judicial procedures containing general principles and fundamental concepts of the administrative laws. The present article aims at investigating the role of the general assembly of the administrative justice court in the identification and solidification of the administrative law’s principles for the sublimation and fostering of these principles with attentions to the human rights.

The study method is documentary research through the use of library resources.

As one of the institutions supporting and guarding the human rights in the constitution of the Islamic Republic of Iran, administrative justice court features a longer history and oldness regarding the support and safeguarding of the human right in contrast to the other institutions. Moreover, although the judicial procedures of this institute are proposed as a secondary source, it has played a significant role in the development of the principles of the administrative laws.

In the administrative trials, the mere reliance on the statutory provisions and the principle "the rule of law" for judicial controlling of the administrative authorities’ decisions and interventions is not so much promising. In this regard, the use of such a scale as "principles of the administrative laws" can bridge the gap stemming from the absence of regulation-making resources, particularly for the judicial controlling of the administrative actions. The observance of the human rights is amongst the most important duties defined for the administrative justice court. In this regard, several roles of the general assembly of the administrative justice court are very important and vital for expressing and producing the judicial procedures containing general principles and fundamental concepts of the law; however, it can be generally asserted that the administrative justice court has not been so much successful seminally in the enjoyment of the modern principles of the administrative laws and, also, the authorities of the administrative justice court have been reduced in supporting and requiring the governmental organs for and to the observance of the human rights.

Dowry is one of the most challenging issues for Islamic jurists, including Shiites and Sunnis. In addition, legal views on marriage and dowry differ significantly. The present study seeks to investigate the nature of dowry from the perspective of the five religions jurists and its effect on marriage.

The method used in this research is descriptive-analytical, which has studied the nature of dowry among the five religions jurists by using jurisprudential sources, verses and narrations, as well as legal and jurisprudential books and articles.

Dowry has two aspects from the perspective of the five religions jurists; first, the legal aspect that considers dowry as a kind of exchange and gives it an economic aspect, and secondly, the approach that considers marriage as non-exchange and consequently dowry as a moral act and expresses a loving and interest-based approach in marriage.

Sunnis and religions derived from it are in favor of the exchange-oriented approach. The same approach is seen in some Shiite jurists. But Imami jurists often consider marriage and consequently the dowry as a category based on interest and morality, which is also reflected in legal approaches. Accordingly, dowry is not the only category among contracts and morality and interest cannot be separated from it.

In view of the advances that have taken place in medical science and due to the dynamic jurisprudence of the Imams, the right to property has been accepted and Article 75 of the Charter of Citizenship Rights respects the right of property of citizens. Manchr('39')s relationship with his organs is one of the new topics and due to the lack of explicit legal text on the sale of organs, is considered and sometimes disputed by jurists and jurists, donating and buying and selling human organs, whether during life Natural or in plant life is one of the important issues that has solved many problems in the field of medicine and organ transplantation and has given life again to those who receive the transplanted organ, so the person who transplanted this organ that owns the property There has been another, if a deal is made it seems that the deal is flawless, especially when the person has a vital plant and has suffered brain death, which is more noticeable. In order to comment on the property of the organs of the human body, one must know its origin and the discussion of whether the organs of the body belong or not. In fact, according to lexicologists, property has a customary meaning and means desire and property. According to jurists, property is anything that can be traded and has an economic value of exchange. The jurists have declared customary interest in things as the only condition for the taxation of things, and also have used the word desire and desire in relation to benefit, so they have declared the existence of desire and desire of people for goods as a condition of goods tax. Article 8 of the Law on Medicine and Arbitration And foodstuffs and the bylaws of this law, the purchase and sale of blood, which is one of the bodily products, has been authorized, which according to Article 75 of the Charter of Citizenship Rights, this right is also respected by the legislator. 8 recognized. Considering that all the necessary characteristics of a mystic property are present in each of the organs of the human body, the legislator has also determined a ransom for the loss of organs and in a special case has authorized its sale, so it can be said that each organ of the human body is a mystic. Legally and religiously, is among the property, but it is the most valuable property in the world, and all the effects and rulings of property are valid on them, unless the sharia and law explicitly state their non-taxation and the lack of flow of rulings and effects of property exchanges Express about members. This descriptive-analytical article has been prepared and compiled by the library method.

In recent years, the atmosphere of victimology has been influenced by the principles and rules of the field of ethics. Issues such as the protection of victims, the impact of indecent acts and behaviors that are perpetrated by violence, etc., have all led to the formation of new approaches in criminal law, especially the category of victim orientation. Victims will generally face a number of problems, including future delinquency, mental and physical illness. In the process of establishing criminal justice, determining the status of the victim is the most important factor for the realization of his rights. Influenced by new approaches, various criminal policies have been adopted in relation to victims of rape crimes. In the present study, which has been collected analytically-descriptively and based on the teachings of law and criminology, it will be observed that in the Iranian criminal law system, the legislatorchr('39')s attention, considering the latest results of criminology, more than ever. It has focused on the victim and the methods of compensating him. At the same time, there are various gaps and challenges in this field that require the adoption of specific criminalization and penal policies with an emphasis on compensation mechanisms for victims of these crimes.

Creation can be realized purposeful, wise and sagacious in case that its meaning and ultimate goal have been specified for all the creatures, human beings included, and, additionally, all these creatures be in search of this goal’s achievement since the very beginning of the creation. The primary goal of this research is the comparative investigation of the wisdoms of creation from the perspectives of the holy Quran and the citizenship rights.

This article has been written based on a documentary and library research through the use of theoretical and descriptive analysis of the data.

From the perspective of the philosophers, theologians and interpreters, the God’s goal of the creation of the creatures other than human beings is generally providing the human beings with the conditions of a clean and healthy life. On the other hand, the petition for the enforcement of the justice is the creation’s goal from the viewpoint of the citizenship rights. In fact, the philosophies of the creation opined by the Holy Quran and the citizenship rights are supplementary especially in regard of this idea that the canonical ruler’s accusation will be deemed unlikely with an emphasis on the citizenship rights’ foundations and his power is divided and delimited and the road would be paved for the citizens and people’s participation so that they can have their rights fulfilled.

With an emphasis on the indicators of justice and petition and in order to be able to give rise to the embodiment of the creation’s goal from the perspective of the holy Quran in the society, it is necessary for the citizenship rights and their requirements to be flowing and streaming in the Islamic society.

The human beings’ progresses and evolutions have caused changes in the form and nature of the punishments, as well. Due to the same reason, attentions have been paid with the human right concepts’ gaining of importance to the importance of the social punishments or incarceration alternatives as ways for showcasing a humane visage of the punishments. In line with this, the present study seeks investigating the reasoning posited about the social punishments from the perspective of citizenship rights.

The method used in this research is descriptive-analytical with the applying of the documentary resources and use of credible resources, including the prominent articles and books on the social punishments.

Social punishments are of importance from the perspective of the citizenship rights due to such considerations as the decarceration, use of alternative punishments, paying attention to the position and prestige of the criminals in the society, paying attention to certain criminals like women, children and less dangerous criminals, establishing participation between the people and the judicial system, enforcing punishments in neighborhood level and use of the individuals’ expertise in social convictions as well as making security a collective concern.

Social punishments are enumerated amongst the Ta’azir punishments as stated in the domestic regulations of Islamic Republic of Iran. Therefore, they feature a fluid and changeable nature hence social punishments can be applied in proportion to personal states and temporal conditions in lieu of incarceration. Moreover, social punishments decrease the penal costs; put emphasis on the participatory role of the people in the supply of security and citizenship rights; increase the trust between the people and the judicial system and pay attention to decarceration as an effective method. Considering the effective and efficient methods seen in the social and alternative punishments, the domestic legislator should encourage the judicial system and instruct them for better application of these methods thereby to replace the imprisonment with novel approaches that, meanwhile being deterring, significantly and effectively reduce the social crimes and criminality.

Considering the growth of technology and the increasing advancement of computer science and communication, today, by combining these technologies and the science of laws, benefits can be added to the trial process. One of the most important manifestations of the use of computer and communication technologies is the creation of an electronic trial system. In this study which has been prepared and regulated descriptively and analytically, all efforts have been made to understand what prerequisites and requirements are necessary to use e-trials be conducted electronically for juvenile due to its advantages for them. The findings of the study indicate that issues such as online trial and providing facilities to achieve this matter in terms of hardware and software, electronic notifications to children or their parents, electronic testimony of children, and electronic registration of personality files and the realization of the possibility of virtual and closed trial for children through e-trial are among the requirements of juvenile e-trial, all of which have positive benefits for children. For example not needing their presence according to the emphasis of the Code of Criminal Procedure, reducing the fear of dying to testify, not losing the childrenchr('39')s cases, reducing the time of the trial and the involvement of the child in the trial, not disclosing the information and identity of the child and the possibility of resocialization and prevention from labeling childrenchr('39')s identities in open and in-person trials are among these items.

The modern concept of citizenship is equalitarian, counter-hegemonic, and liberalistic in essence. Basically, rights of citizenship follow the same concept and guarantee its equalitarian and liberalistic aspects. Meanwhile, the ideas of human dignity, human autonomy are the justifying basics of these aspects because identifying inherent human dignity necessarily involves inherent equality among human beings and, individual autonomy, too is directly an indication of paying respect to free will of human being. Accordingly, it seems that one of the most important obstacles or challenges facing deepening and developing human rights in Iran is the adaptation of a particular and integrative approach to these basic ideas in Iranian constitution. Although, this constitution bears basic characteristics of modern citizenship which resonates revolutionary changes in a large scale in the political thought system in Iran; nonetheless, the most influential on the modern aspects of citizenship is the integration of basic ideas of rights of citizenship with non-modern concepts and impressions which resulted in discrepancies, divergences, contradictions, which in most cases weaken the modern characteristics of citizenship.