نشریه مطالعات تطبیقی حقوق کشورهای اسلامی
سال دوم شماره 1 (پیاپی 4، بهار 1402)

In the constitutions of various countries, the goals and duties of the government are listed. Some of which are related to the economic duties of the government, and the general examples and the way of applying those duties are noted; Because achieving a progressive and healthy economy with the participation and cooperation of the government is one of the most important priorities of a national social political pact. In the meantime, examining the economic duties of the Iranian and Pakistan governments from the perspective of the two constitutions, leads to a better understanding of their economic duties. This also recognizes the gaps and potential capacities of the two laws in the field of the economic duties of the government, and creats understanding and cooperation between two countries in order to achieve the economic duties. For this purpose, in the present paper, we try to answer the question, what are the points of commonality and aspects of similarity and points of difference and aspects of difference between the two constitutions of the Islamic Republic of Iran and Pakistan in terms of the economic duties of the government? To answer this question the author (s) by using the analytical descriptive method and by referring to the constitutional provisions of the two countries of Iran and Pakistan, has tried to declare the points of commonality and aspects of similarity and the points of difference and aspects of difference in four areas of the government's duties include " Economic justice and prosperity", "Economic freedom", "Economic independence" and "Economic growth and development" .

A reluctance contract is a contract in which the reluctant person does something reluctantly and with the reluctance's threat without consent. A reluctant person only lacks satisfaction and self-esteem, but has the intention of making a deal. From the point of view of jurists, reluctance occurs in two forms, right and wrongful reluctance. According to the famous jurists of Imamiyyah, Iraqi civil law and Iranian civil law, reluctance makes the transactions voidable, which becomes a valid and invalid contract with the subsequent consent of the reluctant. Sunni jurists believe that reluctance causes the transactions to be void, except Hanafi jurisprudence who consider reluctance to be different in cancellable and non-cancelable contracts. In the jurisprudence and civil law of Iraq and Iran, one of the conditions for the validity of a transaction is to have the option of the contracting parties, which means that they intend to enter into the content of the contract with full satisfaction (Tayib Nafs) and the effect of the contract and transaction (creating an obligation or transferring property) not with reluctance. As a result of reluctance, consent destroys the provisions of the contract. The necessity of the validity of this condition of absolute certainty is from the meaning of the honorable verse: "Only trade is based on agreement" and also the non-ordering of effects on a contract that was concluded out of reluctance is clearly used from the prophetic hadith known as the hadith of Rifa. This research through the method of descriptive and analytical way has investigated the concept of reluctance and reluctance transactions in terms of Iraqi law and Islamic jurisprudence.

Absence of a legal framework for resolving commercial disputes and distinguishing them from civil contracts, made it necessary to create solutions to find an effective mechanism. This research aims to examine the structure and importance of commercial courts by using the indicators to distinguish commercial from civil contracts. This research is a descriptive-analytical type and has tried to achieve a coherent understanding of this issue by analyzing the researches related to commercial courts and differentiating them from general-law courts. Since one of the obstacles to foreign investment in Iran is the lack of commercial courts, the role of expert judges in dealing with commercial cases in the development of trade, facilitating investment and improving the economic indicators of today's societies is undeniable. Despite the formation of specialized commercial courts in French, British and American legal system and the emphasis on its legal and economic needs, the creation of these courts is still one of the reforms and necessities of Iran's judicial system. The establishment of these courts, in addition to being specialized aspects, can help speed up, reduce costs and make more reliable the processing of commercial claims that originate from the inherent and unique features of commercial law. Therefore, all efforts should be made to determine the structure and importance of these courts and in this way help the country's business and economy.

Although corruption is a complex, hidden and diverse phenomenon and the fight against it should be coherent, long, continuous and even accompanied by detailed planning in all dimensions, at the meantime, it is a social, political and economic phenomenon that also has security dimensions and in most countries, especially Iran and some other Islamic countries such as Malaysia causes many damages in the adoption of policies in the governance systems. The complexity and difficulty of fighting corruption is due to the nature of this phenomenon and today it is noticeable as a pervasive phenomenon in most Islamic countries. As an Islamic country, according to Islamic teachings, Iran has initiated the formulation and approval of regulations in the field of dealing with corruption during the legislative periods of the country, which is a source of great concern for the legislator and the Islamic government of Iran regarding the growth and development of corrupt behaviors at various social levels of the country. Meanwhile, by joining some international documents, Iran's law, while leaving the passive position, has revealed its position regarding corruption and its examples in the domestic and international realms. However, in confronting corruption, one should take advantage of all the tools such as the governance system of countries, private institutions and civil society. Therefore, while looking at Iran's approach, this article will study the situation and operational experience of the Islamic country of Malaysia as well.

Although the issue of security, independence, freedom of expression and press crimes are not related to each other, but after examination and research, it is clear that security and independence on the one hand, and the issue of freedom of expression and press crimes on the other hand, have a very deep connection and causal relationship with each other. One of the concerns approved by Sharia, reason and law has always been avoiding chaos and ensuring security and independence, but the method of maintaining security and independence has always changed.In the past, military equipment was often used as a means of maintaining security and stability, and freedom of speech and the press were often considered a threat to security. However, in recent decades, although the limits of criminalization in press crimes have become very important for security and independence, the maximum method of creating security and preserving independence is public participation and freedom of expression and actions through the media, including the press, which is contradictory.      In this article we have examined , this basic question " what is basically the causal relationship between independence and security on the one hand and legitimate freedoms, especially freedom of speech on the other hand? “ with a descriptive and analytical method.The most important result of the research is that from an Islamic point of view and based on the verses of the Holy Qur'an, the maximum participation of the people through legitimate freedoms is the cause of maintaining the country's independence and security, and there is a causal relationship between independence and security.

A real person and a legal person have the same rights and duties and have the same Competency. Their difference is exceptional. The exception mentioned in the law is the inherent rights and duties of humans. However, there are examples such as right of pre- emption and executorship, which is a source of dispute due to the existence of companies' competence, and it is not possible to express an opinion whether it is specific to a natural person or a legal entity. Considering that these two legal institutions are related to the Competency, so this article first examines the Competency of the companies, then the position of these two legal institutions in relation to the companies. Since the comparative study between legal systems leads to a better understanding of their strengths and weaknesses, the present article, with a descriptive, comparative analytical method and in a library method, examines and adapted the works of commercial companies' Competency according to the commercial law of Iran, Egypt and Lebanon. Finally, according to the commercial law articles of these countries, it was concluded that commercial companies have the authority to accept probate in the law of Iran, Egypt and Lebanon, although it must be accepted by a representative from the company. Regarding the right of pre- emption, since the commercial law of Egypt and Lebanon is derived from the French commercial law on the one hand, and on the other hand, it is based on Sunni jurisprudence, and the conditions for the creation of the right of pre- emption are different between Sunnis and Shiites, they do not grant the right of pre- emption to companies. But partners are given such a right.