نشریه دین و قانون
سال ششم شماره 21 (پاییز 1397)

Parliamentary groups are one of the most important capabilities for the optimal management of parliaments, which do not officially play any role in the administration of the Islamic Consultative Assembly. In this article, we try to critically analyze the internal regulations of the Islamic Consultative Assembly, examine the pattern of distribution of several important opportunities - the position of the seats in open session of Majlis, membership in specialized commissions, speeches and disciplinary authorities -, and introduce the advantages of the "harmonic division" model of opportunities. It is necessary to use the model of harmonic distribution of opportunities, to grant official roles to the parliamentary groups during the administration of the Islamic Consultative Assembly. It seems that the role of factions in the administration of the Islamic Consultative Assembly does not seem to be in conflict with the Constitution, and the previous objection of the Guardian Council to such an establishment has been due to the restriction of the authority of representatives to join groups. It is essential that the formation of parliament groups has no restrictions other than the numerical quorum of the members of the Islamic Consultative Assembly and the rule that "Each representative has a maximum of one faction ".

Human collective life requires specific frameworks that, if not realized, endanger the survival of this life. The regulation of human social relationships requires the existence of a set of rules and regulations. Regarding the origin of the formation of these rules, various opinions have been comprehended throughout history. Muslim and non-Muslim thinkers offered different and sometimes different or similar views on the principles and nature of rules and regulations in this research, we try to explain and analyze the opinions of these two groups of thinkers about the nature of legislation by descriptive-analytical method. In general, common criteria in this regard for both groups are divine laws, reason and moral teachings. Regardless of the differences in opinion, their intellectual evolutions suggest similarities, wherein the general harmony of these views with the necessities of modern human life can be effective in creating similar laws.

The crisis of natural resources in the world and the continued submission to the inefficiency of domestic and international "statute law" have led Environmental scientists to believe in “the lack of the element of spirituality in the environmental law system” and “the necessity of returning to the fundamentalization of Islam-centered propositions among all religious systems”. With this purpose, the issue of the present descriptive-analytical research is the independent reasoning induction of “capacities, principles and requirements of Imamiyyah jurisprudence” in line with the legislation of “interaction with natural resources” in the context of binding propositions. The present study, by moving to the direction accepted in the “structural order of jurisprudence” (measuring the validity and non-validity of propositions), achieves the essential order of natural resources including the two-sided duties and rights of the government-people. Hence, the following research suggests a perspective for legislators to support natural resources, which will be based on two components: “principles” and “policies and guarantees”.

Analysis of the parliament’s structure in the Islamic Republic of Iran from the perspective of shar’i legislation   is the goal and concern that the founders of the Islamic Republic have sought to achieve. Manifestations of this importance can be seen everywhere in the constitution Given the past experiences, especially the achievements of Persian constitutional revolution, as well as the use of the experiences of countries with a history of democracy, the constitution has created a structure for the legislature through which to achieve its ultimate goal. Now, after several decades of experience in the legislative structure of the Islamic Republic, it is time to evaluate it according to the fundamental values of the Constitution. To what extent have the three structures of the Islamic Consultative Assembly, the Guardian Council, and the Expediency Council been successful in drafting laws derived from sharia? Is there another way to empower the legislature? This article seeks to explain the shortcomings of the current structure of legislation in the Islamic Republic and believes that this process needs to be changed and improved.

In Article  234 of the new Penal Code adopted in 2013 (1392S.H.), Legislator by backing out of the dominant view of jurisprudents following the non-famous promise has chosen a separation view in relation to the punishment of lawat-e iqa’i . Such an approach by the legislature makes it necessary more than ever to examine the documents of the non-famous promise and to assess its validity in the conflict with the well-known promise. From this point of view, the basis of the legislator in deviating from famous saying becomes clear. In this regard, the present study examines the issue in a descriptive-analytical manner. The findings firstly suggest the absoluteness of the narrations on which the famous persons have based their promise is not narrated in maqam-e bayan  and maqam-e sodour  of the narration is related to a special event. Secondly, the other promise in this issue, i.e., the promise of the legislator, is not shaz  but at the level of publicity. Third, the chosen view of the law, in accordance with the rules of hudud , agrees with the principle of precaution and it is compatible with justice. Therefore, according to the mentioned points, the accepted view of the legislator, as promised, has a considerable strength and preference over the other view that is known among the jurisprudents.

Petroleum contracts are considered as a sensitive and important issue respecting Iran's oil industry. Overseeing petroleum contracts is of particular importance, especially in the upstream sector, due to its governmental nature, long duration and high financial volume. As the representative of the nation, the parliament is one of the institutions whose control over oil contracts plays an important role to achieve the supervision goals. In this article, using a descriptive-analytical method and after discussing generalities about petroleum contracts, we try to identify and examine the capacities of the parliament in order to monitor these contracts. Based on the findings of this article, it seems that the parliament, by exercising its powers, is able to exercise approved supervision specially as well as inquisitive supervision generally.