مجله دراسات فی العلوم الانسانیه
سال بیست و هشتم شماره 4 (شتاء 1443)

Human intellect has a criterion presence in all three types of laws, that is, worthy to know the divine law, discover the natural law, and enact the human law. Religious communities practice on the basis of the divine law, whereas; secular communities operate on the basis of custom and human interests. The question is whether a common ground can be reached in the legislation of religious and non-religious communities? This article, in a descriptive-analytical manner, seeks to examine the theoretical foundations of Khajeh Nasir and Thomas Aquinas and attempts to find a solution to the problem in relation to reason and law. The findings of this study show that to Khawjeh and Thomas, law is attached to reason which is common among all human beings. Therefore, it can be a common basis for legislating religious and non-religious people. Contrary to the views of some Christian and Muslim theologians who do not consider reason worthy of legislation, Thomas considers natural law to be the participation of rational creatures in eternal law, and according to Khajeh, divine law is acceptable if it is not contrary to reason. Also, human law is binding only if it is compatible with the law of nature and justice. Thomas clarifies that if law is not in accordance with natural law; it is unjust and could not be considered law at all. Hence, people have right to disregard the law of oppressive rulers. In this regard, the theory of "social contract" and the pros and cons, including the views of Grossius, Rousseau, Hobbes, Fuller, and Finnis are also mentioned.

With the increasing hegemony of Britain over the Persian Gulf in the late 18th century and the early 19th century made it evident for the exclusion of opponents of this country in the region. At the same time, Britain became the main enemy since the Qasimi dynasty also called Qawasim, started expanding its naval fleet in the Strait of Hormuz, both for political and commercial reasons. The British Navy tried many times to destroy Ras al-Khaimah that was the main base for the Qawasim. Two such attacks carry greater significance, which were launched in 1809 and 1819. Their importance is due to the fact that the 1820 treaty played an important role in the history of the Persian Gulf as well as in the formation and independent Arab emirates off the southern coast of the Persian Gulf. In this article, with the historical studies approach, we seek to study the conflict over Ras al-Khaimah between 1809 and 1819 as well as the impact of two wars of 1809 and 1819 and subsequent agreement on historical transformation of the southern coast of the Persian Gulf and the fate of inhabitants there.

Banks play a key role in driving international business into other arenas and non-economic activities. Based onthe institutional theory, the existing theories on the internationalization of banks are inhomogeneous and inefficient due to the lack of coordination of institutions of our country with other countries. Therefore, they require an exploratory study of the indigenous model of Iranian banking system with specific institutional features and universal political conditions.In this research, by asking the basic question of a suitable model for entering the Iranian banking system to the international arena, we attempted to present an entry model. The data were analyzed by the content analysis method and discovering the relation of concepts, categories and their transformation into causal, interventionist and contextual statements. In-depth and semi-structured interviews were conducted with twelve banking and university experts.  The data analysis revealed 892textual terms, 94concepts and 8 basic categories and3main research structures. Extracted data indicate that in addition to official institutions in Iran, their inherent roles have a negative impact on the entry of banks into the international arena. Informal institutions also have strong and negative effects.

Seals have been important as one of the archaeological findings with various motifs and functions from the past which recount different aspects of human life. The use of seals with various designs can be seen during the Achaemenid period (5th century B.C), including a number of cylindrical seals that have been obtained from Persepolis and have the themes of heroism combined with animals. Therefore, the analysis can provide important information about the cultural and artistic structure which ruled on Persepolis. In this article, an attempt is made to analyze Achaemenid seals and the reasons for their use as well as an investigation about patterns and their influence on the native Iranian art and other nations, particularly Mesopotamia. This is a descriptive-analytical research in terms of method and the data are derived from librarian sources. Therefore, the researcher will examine and categorize the designs and themes of Persepolis seals and then compare them with the art of other nations, especially the Middle East, and the conclusion is based on the analytical comparisons. The conclusion provides the information that seals with heroic themes and mythical animals of Persepolis have an extreme similarity and adaptation from Mesopotamian seals, especially Assyrian, and they have received the most influence in terms of content and structure from the Assyrian seals. However, in terms of credibility and dynamic, Persepolis seals have similarities and differences with Assyrian and other nations. While as some distinctions, the researcher must mention the special staging of the spaces on seals, which has made them unparalleled. While among indigenous peoples who lived on the plateau of Iran, these seals are more influenced by Mannaeans art than anywhere else; and even the animal themes on the seals were closer in terms of form to the motifs found in Hasanlu, Ziviyeh and Qalaiji than Assyrian.

Rape, which is known in Iranian jurisprudence and law as adultery, is a crime against the physical integrity of the victim (women) by resorting to force and physical pressure and without her consent. In the Islamic laws, maximum punishment is enforced on rapists. The necessity for the issuance of execution verdict in case of forcible abuse is for the reason that the judges are to exercise maximum precaution by verifying the conditions of the forcefulness. Considering Ta’azir punishments for sexual crimes in that they have the ability to adapt to temporal and spatial conditions in relation to certain punishments and consider the individual circumstances and characteristics of the offender in determining the appropriate punishment, more effectively ensure the achievement of goals. In recent years, the judicial system’s approach has been distancing away from determining Hadd punitive responses and endeavoring for the replacement of Ta’azir and graded punishments. The present study has been conducted based on a qualitative method where references are taken from some courts’ decisions and sentences so as to find an answer to this question: Can the title “sexual abuse” or “rape” be accepted in most of the files or is it the judges prefer to choose other criminal titles instead of sexual abuse in line with the widening of the discretion for the issuance of various Ta’azir verdicts according to proofs of justification and the extant evidence and documents? Since the theoretical jurisprudential foundations of violating the Hadd punishments have existed in the Islamic jurisprudence till now, it seems the elimination of Hadd punishments and widening of judges’ discretion for selecting proportional Ta’azir punishments by avoiding to accept the forcefulness is a solution closer to justice and parallel to the support of the victims.

With regard to the transformation of the pharmaceutical industry in coordination with biotechnological achievements and the importance of biopharmaceuticals for the treatment of rare diseases in societies, the study on the commercialization process has an important role in quick delivery of drugs to the market. The aim of this study is to draw a plan for technology commercialization focusing on pharmaceutical industry and biological products. The statistical population includes all scientific documents in the above field that were indexed in the "Scopus" database until 2019. This study is conducted using Scientometrics approach, vocabulary synchronization and content analysis of documents. In the process, research questionnaire was designed based on related strings- commercialization models, pharmaceutical industry – and was taken from valid databases. The results of this study show that in these two fields, various researches have been conducted independently, but little attention has been paid to the issue of international technology commercialization in pharmaceutical industry.