فصلنامه مطالعات حقوق بشر اسلامی
پیاپی 15 (پاییز و زمستان 1397)

The victim's contribution of violation of human rights in creating or worsening of damage is one of the factors that causes to not enforce the principle of full reparation of damage and, in proportion to this participation, be reduced by the amount of determinable compensation. However, in plurality of victims, the contribution of each of them will only affect the determination of compensation for the same victim.The European Court of Human Rights has considered this rule in its jurisprudence.According to The Court, the contribution of injured person is not considered as a precluding wrongfulness circumstance, but as an effective factor in determining the amount of compensation. However, there is no specific rule as to how such a reduction is to be calculated, and The Court basically determines this amount on an equitable basis. In addition to considering the impact of the contribution of injuredperson in creating or worsening damage for breaching human rights, this article tries to examine jurisprudence of European Court of Human Rights.

The main goal of the article is explanation and description of relationship betweenhuman dignity and human rights discourse in Islam. Human rights conception is amodern concept and like some other modern conception has entered to Islamicliterature recently. In Islamic text we have not seen human rights conception butsigns and symbol of the concept is exist in Quran (Islam holy book) and Islamictradition and hence, Islam Olamas and religious scholars have discussed about that.We can named the discussion as Islamic human rights discourse. In the discourse,human dignity is central sign and other rights and human advantages are understoodaround the concept. This article is seek to answer the question that whatcharacteristics we can see in Islam human rights discourse? The article as ahypothesis and based on descriptive-explanative method argues human rights inIslam is based on human dignity and the obliged to it is necessary.

One of the important features of modern political systems is the existence of legalopposition. The conditions of establishment and the way in which they operate andoperate are an integral part of modern fundamental laws. On the other hand, animportant part of public law as a discipline that regulates relations betweenindividuals and the state focuses on the fundamental rights of individuals and groupsin a political system. It is obvious, however, that the most important discussions arerelated to the legal opposition that challenges the deployed state. Therefore, it isessential to examine their position in understanding the functioning of any politicalsystem. This issue is becoming increasingly important as far as the Alawitegovernment is concerned. On the one hand, there has been a great deal of doubtabout the rights of political opponents during the Alawite period, and on the otherhand, the Islamic Republic of Iran is seeking to follow the rules and teachings of theAlawite government. The present research seeks to answer this question. What arethe rights and freedoms for this group of opponents and the legal system of theIslamic Republic of Iran, what are the solutions to guarantee these rights andfreedoms? This research has tried to prove that political opponents enjoyedindividual and social freedoms during the rule of Imam Ali, and the legal system ofthe Islamic Republic of Iran has also introduced the Alawite regime in this regard.

One of the most important financial resources of government in the past and now isthe tax. Taxes, in addition to providing a significant portion of public revenues, areseen and used as a tool of government to modify wealth in society and eliminate theclass divide. In the Islamic government there are also several sources of funding,including Zakat, Khoms, Anfal and Jezyeh. Citizens as they are required to pay avariety of Islamic and legal taxes, also have rights to the government and its taxsystem. In this article, we examine and answer to this question by descriptiveanalytical method What are the rights and privileges of Islamic tax payers in Nahjal-Balaghah and how much does the tax system of Iran compare whit the teachingsof Nahj al-Balaghah in this regard. The finding of this research show that Imam Ali`sapproach to tax collection is a hybrid approach involving both education and incomeand thus the principle is based on the trust of taxpayers, but the Iranian tax system ismerely a monetization approach and it puts the principle of distrust on taxpayers. Ofcourse in some of the rights as the right to a fair and respectful behavior, the right toprivacy, the right to review, the right to a fair assessment and the Iranian tax systemis consistent with the teachings of Nahj al-Balaghah.

Cyber pornography means; Committing definite and conditionally reprehensiblebehaviors is defined as intent to trade or corruption through cyber ortelecommunication systems. Pornography can be considered as a common legal,moral, sociological, psychological and criminological challenge, and therefore, theview of pornography should be considering the various dimensions of the humanitiesto achieve a comprehensive and preventable result. The main question of this articleis why some people become cybercriminals in cyberspace? In other words, what isthe reason for committing the crime of computer pornography? Are preventativemeasures desirable for perpetrators of computer pornography and what solutions canbe suggested? The present article enumerates the reason for committing pornographyin an analytical-descriptive way and suggests social preventive solution to theose ofcriminal.

Research in the field of judicial security in terms of its relationship to the rights and freedoms of individuals and as one of the violators of the fundamental human rights of governments, which in various ways, including legislation on fundamental rights and freedoms Violators need to identify the criteria and flaws in human rights documents. In recent years, following the discussion of human rights issues and objections to some legal provisions, the legislature has taken the appropriate approach in amending the Islamic Penal Code and criminal procedure, as well as in drafting The Charter of Citizenship addresses these issues as much as possible and is in line with international human rights standards. In this regard, Iranian law on the necessity of reasoning and legal documentation of detention is in full compliance with international human rights law, especially Article 9 of the International Covenant on Civil and Political Rights, and the country's laws in this regard are not flawed. There is no ambiguity

Human dignity means honor and eminent position and its consequence is belonged to right and duty for human. For the first step, this research studies terminology and so identify principles of dignity in divine and non-divine paradigm. Following, has studied the division of the essential and non- essential dignity in divine-Islamic paradigm and expressed that thought as public intellectuals a place called “essential” in the term “essential dignity” is not philosophical sense, but it is “width necessary In essence” and then check it in different verses and interpretations, elects idea of “special construction or creation of man” on the dignity of human up to nature in the divine-Islamic paradigm and after that proving it, go to the non-essential dignity and accept and divides it to “dignity granted and acquired” to analyzed them and so in the final, engineering to the principle or right of human dignity. This article wants contrast of popular perception thinkers, to accept and Engineer both of essential and non-essential dignity, and thinks first dignity is dominated of the law and the second dignity is condemning to the law.