نشریه مطالعات تطبیقی حقوق کشورهای اسلامی
پیاپی 2 (پاییز 1401)

composition is a contract that is concluded between a bankrupt trader or a trader in bankruptcy on the one hand and the majority of creditors on the other hand. Seth found that the issuance of a bankruptcy order is one of the conditions for concluding an composition in Iran, while it is not necessary to issue a bankruptcy order to conclude an preventive peace in Egypt. Disruption of the merchant's commercial activities leading to the conclusion of a precautionary contract is to a lesser extent than the termination of the merchant, and therefore the time of concluding a precautionary contract is the time before the termination and complete bankruptcy of the merchant, which is considered in Egyptian law. And the bill of Iran's trade law, by anticipating the preventive peace contract, has paid attention to this concept of suspension as one of the conditions for concluding the preventive grace contract, and as a result, the preventive grace contract should be accepted as soon as possible.

In today's era, natural capitals are very important in economic prosperity and active production cycle, because the production of factories mostly depends on the raw materials obtained from these mines, and on the other hand, the capital of some countries is also obtained through the extraction of reserves. It is provided underground, including oil. Therefore, the importance of mines in providing financial resources, industrial development and economic progress of countries is undeniable. Therefore, considering the importance of mines in the economic development of countries, its extraction requires laws and regulations that clearly explain the rights of the government and the nation; Because the arbitrary extraction of mines can lead to irreparable negative economic and environmental consequences. Therefore, by analyzing the rules, foundations and legal sources between public and private ownership, the present research seeks to answer the question, who is the main owner of mines from the perspective of Islamic jurisprudence and English law? And it has come to the conclusion that despite the existing differences, from the perspective of famous Islamic jurists, mines are a part of Anfal and its authority is in the hands of the imam or ruler of Sharia, and in English law, there are two different views on the ownership of mines, one theory of ownership It considers mines to be subordinate to land, and the second theory considers mining ownership to be separable from land ownership and negates the land owner's ownership of mineral deposits hidden in its depths.

Embezzlement is considered a crime against public property that society is the first victim of this crime, so this crime has a public and unforgivable aspect. In this article, considering the comparative and descriptive method, we study the crime of embezzlement in the Iranian ceiminal system and compare it with the Iraq criminal system, we try to remove the ambiguities in its constituent elements. Actus reus and mens rea are same in both penal systems, but the difference between each of the two systems is the amount of punishment set for this crime. Ten years of short-term imprisonment in front of the Iranian penal system, the intensification of the punishment of the accessory of this crime in Iraqi law is much more severe than the Iranian system; However, probation and parole and the imposition of financial penalties in Iranian law indicate that the Iranian criminal system is stricter than Iraq.

Respecting the rights of the child is of particular importance due to physical and mental weakness and the lack of development of intelligence and intelligence, because the future human being is formed in childhood, and whatever is experienced in childhood becomes effective and shapes the person's personality in adulthood. With the expansion of human rights in many legal systems, the basic laws have taken on the appearance of more human rights and each of them has expressed the guarantees of citizens' rights in some way. In this article, the position of children's rights in the two constitutions of the Islamic Republic of Iran and Pakistan and some declarations and international conventions have been compared in a descriptive and analytical way. The purpose of this article is to measure the observance of children's rights in the legal system of these two Islamic and Republic countries. Despite the acceptance of the Convention on the Rights of the Child and the obligation to respect the rights of the child in all its manifestations, these two constitutions did not state all the standards related to the rights of the child and later they did not revise their constitution to include these principles and only some of the principles Such as the right to have freedom of opinion and expression, the right to education and training, special childhood care and compliance with work standards have been guaranteed and positive discriminations have been considered for children.

Judicial supervision is one of the prominent tools of any legal system, so that without paying attention to it, the functioning of that judicial system will not be efficient and effective. Judicial supervision of administration is one of the types of judicial supervision in general in any legal system. The tools of judicial supervision over the administration can be generally divided into two categories: predicting competent judicial authorities and compiling and approving a set of rules and regulations to facilitate supervision. The main topic of this research is to analyze and describe the quality of using these tools in the two legal systems of Iran and Algeria. This research, by using the descriptive-analytical method and analysis of issues including types of unilateral administrative actions, the authorities for handling claims of revocation or annulment of administrative decisions, seeks to answer the question of what are the capacities of the two legal systems of Iran and Algeria in relation to Are there any issues raised?The findings show that considering that in general both follow the dual judicial system, similarities can be seen in the judicial supervision of administrative acts, but considering that in the Algerian legal system, administrative courts in There are public courts in the city, province and the government council in the center, it can be said that the judicial supervision of the unilateral administrative actions of the administration in Algeria is more consistent with the pattern of judicial plurality than in Iran.

After years of conflict between some Palestinian currents and the occupying regime, finally, following the Oslo Accords in 1993, the parties recognized each other, and following the formation of the Palestinian state, its constitution was formed in 2002. The main question of the article is, what developments has the Palestinian constitution faced in the stages of development and what achievements has it achieved? The article is based on the descriptive and analytical method based on these the Palestinian constitution around general principles, political structures, executive, legislative and judicial powers, people's rights and freedoms, rulings related to the transitional period and the extraordinary st has predicted Although this law was formed for the government of the five-year transition period included in the mentioned agreement, but after the transition period, it has continued to be valid with amendments, and as a result of differences between political parties and currents, especially Fatah and Hamas, the Palestinian constitution has not been able to achieve its goals.