نشریه پژوهش های حقوقی میان رشته ای
پیاپی 6 (تابستان 1400)

Velayat-e-Faqih has a long history in Shiite jurisprudential, theological and ideological texts. The purpose of this research is to analyze this position and its powers in the words of Sheikh Tusi and the Constitution of the Islamic Republic of Iran.

This syudy id of descriptive - analytical one.

Authenticity of the texts, honesty has been observed in this study.

According to Sheikh Tusi, judging is one of the positions of the Infallible Imam as well as the jurists chosen by him. In the absence of the Imam, the jurists can receive khums, zakat, and zakat al-fitr. He can also lead the congregation of Eid prayers and Friday prayers. And of course, according to the social and political conditions of the time of Sheikh Tusi, many of the powers of the jurist had limited by Taqiyya. In the constitution, there are some principles referring to the powers of Velayat-e-Faqih, which have been regulated according to Imam Khomeini's views, and in the revisions that took place in it, the powers of the leadership have been added.

Velayat-e-Faqih has wide authority in the opinion of first-range Shiite jurists, including Sheikh Tusi, as well as the principles of the Constitution of the Islamic Republic of Iran, which is based on Islamic texts and jurisprudence.

Attention to environmental worries has been considered as a significant part of human rights studies in other fields of social science studies such as criminology. Regarding the importance of the subject, this article aims to investigate green crimes and preventive criminal policy.

The current research is theoretical and the research method is descriptive-analytical. The data collection is done via the library method and through referring to documents, books, and articles.

In all stages of writing the current study, while respecting the originality of the texts, honesty, and trustworthiness have been observed.

People's awareness and their participation in environmental affairs are important, it seems that informing and raising the level of knowledge, and awareness of the community about environmental issues is in the field of social prevention. Based on this fact, the three main concepts of research; Green criminology, criminal prevention policy, and environmental NGOs were defined and examined. Participatory prevention of environmental crimes and the role of environmental NGOs were explored in the Iranian legal system.

we can rely on the capability of mass media: teaching specialized laws in the field of environmental crimes, formulating programs tailored to different strata of people in terms of culture, economy, science, etc. based on the principle of environmental protection and education on how to cooperate with other institutions involved in the issue and efforts to strengthen the culture of participation in the avoidance of environmental damage and crime.

The social evolution and advancement in information technology not only has brought about many changes in human life but also has affected the traditional concept of government through creating new opportunities for civic-political participation in contemporary societies. Considering the importance of this issue and the necessity of forming an electronic-government to govern the contemporary information-oriented society, an evolution has taken place from traditional ruling to modern e-government. The present paper aims to examine this transition.

A descriptive-analytical method was used to carry out this theoretical research. In addition, data was drawn from documents, books, and articles using a library method. This research seeks to analyze factors involved in the foregoing evolution.

The authenticity of texts, honesty and trustworthiness have been carefully observed in this paper.

The evolution of ruling has its roots in such theories as participatory democracy, civil citizenship, consultative democracy, as well as political fervor. The use of modern technologies in the form of e-government by states not only facilitated government functions and the two-way communication between government and citizens, but also changed the concept of ruling. In this regard, the modern electronic government should manage to survive into traditional ways and protect itself from being invaded in this new space.

Applying modern technologies increases democracy and the level of people's participation in the administration of society affairs, facilitates access to processes and information for citizens, and set the stage for their active participation in decision-making.

Please Cite This Article As: Ahmadi, F; Mashhadi, A & Atrian, F (2021). “Evolution in the Concept of Ruling; Transition from Traditional to Modern Electronic Governance”. Interdisciplinary Legal Research, 2 (2): 31-47.

The Internet of Things is a broad concept with high potential that is dynamically evolving and developing that is not easy to identify in all its dimensions. In such an information exchange space, paying attention to the privacy of personal information is very important for consumers. Obviously, due to the wide scope of this issue, privacy has been studied internationally in scientific conferences and at the global and regional levels. In this article, an attempt has been made to examine the concept and examples and the scope of privacy of individuals, especially privacy in the Internet of Things, and to distinguish it from the concept of security.

The method of descriptive-analytical research is referring to the existing laws in Iran and studying the regulations of leading countries in the field of study.

Ethical considerations related to writing texts and referring to sources was observed.

Privacy is essential in today's new information space. The important point in providing protection is to pay attention to efficiency, that is, to create a reasonable balance between maintaining the privacy of individuals and the free flow of information. Paying attention to this makes it possible to use the Internet of Things efficiently and fairly.

Some suggestions have been made in order to develop an appropriate legal framework to protect the privacy of individuals in the Internet of Things for Iran.

Given the ever-increasing application of Incoterms in international trade and the progressive tendency of traders in employing the aforementioned set of rules in international transactions, a comparative examination of the customer's obligations and duties in Incoterms and Iranian Law would be able to alleviate the inconsistences of the obligations of the parties to international transactions and hence prevent further disputes. As such, the purpose of this study was to offer solutions to Iranian traders in the international and domestic realm.
This research employs theoretical methods, that is, it employs descriptive-analytical methods and seeks out library archive, including books and articles, for data collection.
Ethical Considerations: In all stages of authoring the current study, principles of integrity and trustworthiness were observed, while the originality of the texts were maintained.
The duties and obligations of the customer are different in each published version of Incoterms, which are, both similar and different to Iranian law in different cases. Nevertheless, by the inclusion of terms addressing the possibility of agreement between the parties, the discrepancy between the Iranian Law and Incoterms can be alleviated.
The comparative analysis of Customer Commitment and Obligation on Risk Tolerance in Iran and International Commercial Terms (Incoterms) 2010 law indicate that Incoterms is rather focused on the handing-over of the object of sale, while the Iranian law, on the contrary, is focused on taking delivery of the object of sale, and therefore these two bodies of law are divergent in the aforementioned grounds.

Please Cite This Article As: Abadian Vash, K & Sheidaei Gorchin Qaleh, M (2021). “Customer Commitment and Obligation on Risk Tolerance in Iranian Law and International Commercial Terms (Incoterms) 2010: A Comparative Analysis”. Interdisciplinary Legal Research, 2 (2): 69-81.

The present paper examines the policy of positive discrimination in higher education in the United States in three analyzes: economic analysis, structuralism, and legal analysis. These three levels of analysis help to raise awareness of class issues related to higher education in this country. It first examines the concept of positive discrimination and its history in US higher education.

This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

The reduction in educational credits in each state coincides with an increase in tuition. The working class and people of color are being treated unfairly and unkindly by the higher education system through changes in positive discrimination laws, the reduction of support services for people of color, the difficult financial aid situation, and the focus on individual merit in the Supreme Court's rulings.

In the United States, positive discrimination applies almost exclusively to the oppressed and minority groups (indigenous blacks and people of color in general) and other ethnic-minority minorities (most of whom were immigrants). Positive discrimination in the American higher education system is tolerated only in one specific area, and that is the realization of diversity. The Supreme Court's approach is to abandon compensatory justice and distributive justice in relation to higher education. In addition, there is no group that can be declared the definitive beneficiary of positive discrimination programs.

This research seeks to determine the limits of the guardianship of God, the Prophet and the Imams, and this discussion is important because of the limits of the guardianship of the Vali Faghih. Because the guardianship of the Jurist is due to the guardianship of the Imam, the Prophet and the Almighty God, and since the guardianship of the mujtahid and the jurist cannot be more than the guardianship of God, the Prophet and the Imam, then its limits must be determined.

This research has been carried out in a library using descriptive-analytical research methods. Ethical Considerations:

 related to writing texts and referring to sources was observed.

The intellect dictates that man should obey someone who has come from God, and the reason for this, in addition to the intellect and the numerous verses of the Qur'an, is that they are benevolent guides. The boundaries of the province are also in all personal and social issues as well as expediency.

The Prophet and the Imams have guardianship by the permission of God and the guardianship of the Prophet and the Imams is inferior to the divine guardianship.

Judging rightly can remove oppression and unjust judgment can create oppression. Therefore, in addition to judging, the legislator has installed another element to compensate the damage caused by unjust judgment. Investigating this is one of the goals of this research.

This research has been carried out in a library using descriptive-analytical research methods. Ethical Considerations:

related to writing texts and referring to sources was observed.

The legislature has not made the judge so responsible as to effectively lead to the closure of the judiciary or the judge to lose the courage and bravery of the judiciary, nor has it made him so immune as to be drawn into negligence and carelessness. Therefore, in some cases, the judge is responsible for compensating the damage and in some cases, the government and the treasury is responsible for compensating.

The results of the study showed that if the damage caused by the judge is due to intentional or unintentional fault and violation but contrary to legal rules, he is personally responsible of compensation for material and moral damage. If the judge is alive, he should compensate the damage with one of the objective remediation measures like financial compensation. However, after the judge's death, the damage will be compensated from his estate or inheritance. However, if the judge makes a mistake or error in issuing a verdict and issues an incorrect verdict without any malice, the damages will be paid from the treasury.