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Showing 6 results for Citizenship Rights


Volume 5, Issue 2 (3-2023)
Abstract

Introduction
The review of urban development plans in Iran in the horizon indicates that a large part of the proposals and estimates in the horizon of this plan have not been realized. One of the main reasons for the ineffectiveness of these plans is the way they face the property rights. A right that is recognized in the country of Iran and based on Islamic law and Sharia; Therefore, it is necessary to examine this topic from the perspective of Islamic thought. Among the emerging ideas in the field of urban planning in the west is the transfer of development right (TDR) approach.
This idea was proposed for the first time in order to preserve cultural heritage in America. But is this approach, which is used in urban plans in recent decades in Iran, is expanding and has its roots in Western thought, can it be the answer of Iranian Islamic society? Therefore, in this research, the main goals are, 1. Obtaining the framework of the concepts of rights and the transfer of property development based on religious texts, jurisprudential principles and documentary sources.
2. Adapting and reviewing the legal status of owners in the TDR approach is from the perspective of Islamic thought. In this research, while examining the three dimensions, jurisprudence, ethics and law in the approach of transfer of development rights and the compliance of laws related to urban development plans with Islamic jurisprudence and the approach of transfer of development rights, it is tried to make suggestions to benefit from the jurisprudence/ethical rule based To be presented on Islamic thought in urban development plans.
Methodology
This research is applied and developmental in terms of purpose and analytical-descriptive in nature. This research is carried out in two stages, first by using documentary studies and existing information resulting from the implementation experiences of urban plans, the legal status of ownership and transfer of the right to development is examined, and in the next stage through studies of religious texts and Shariathe framework of property rights in the religion of Islam is explored.
So, the right of ownership in Islam and Islamic thought, focusing on the principle of subordination, is examined in comparison with the right to transfer ownership in the TDR approach, and suggestions are made for the integration of legal structures and the Islamic system in the field of ownership in order to increase the realization of projects. Urban development is provided.
Result and discussion
The transfer of development rights (TDR) approach was first considered in New York City and in the United States, the possibility of moving and the right to transfer a license plate to the adjacent license plate in the Zoning Law of 1916a. Based on this plan, the owners were given permission to sell their vertical development right to adjacent land plates, and the parts receiving this right would have the possibility of violating the construction height limit and setback requirements. Various issues are involved in the TDR approach, such as development right, development value, and service recipient and service provider areas.
By using the development right transfer approach, the owners of sensitive natural lands, farms, as well as historical and important areas can receive their losses through the sale of their transferable development TDR and voluntarily develop their property in the future.
Regarding the jurisprudential aspect of the transfer of development rights, according to the perspective of personal partial dispossession in Islam, people are free to own their property, but according to the interests of the society, some of these rights are deprived by law and government. Regarding the next aspect of citizenship rights, citizenship and ownership, which are considered among new concepts in the West today and are trying to achieve the rights of owners and citizens, are explicitly mentioned in Islam.
Regarding the moral aspect, Imam Khomeini mentioned that man is the essence of all beings and the essence of the whole world. The mission of the prophets is to actualize this potential extract. The effort of all prophets is to create social and inner justice in humans. Justice is the direct path of human progress to divine perfection. In practice, the limits of ownership and the amount of consumption should be based on right and justice and in the direction of maximum productivity and growth and ensuring social justice.
In Iran, the renovation and improvement of dilapidated urban structures as a problem with different social, economic, legal and technical dimensions has been included in the programs of the government and municipalities since the early 1980s. At the same time as drawing attention to this category on a national scale and in the form of by-laws and laws, Tehran Municipality has also started planning and intervening in these fields since 2013.
The actions of the Tehran City Renewal Organization show that at the beginning in 2012 with the construction plan of the eastern highway edge which was a program based on acquisition, demolition and reconstruction, in the years 2018 and 2019 in the form of setting up facilitation offices and based on Social actions crystallized. Previously, experiences in the field of intervention in urban contexts, especially worn-out contexts, were carried out with the approach of improving physical and functional conditions and without paying attention to other aspects of the issue.
This is despite the fact that the basis of the concept of citizenship rights in the Islamic city is the people. In fact, the role of people in all areas of urban development plans should be considered. The plan must satisfy the people involved in the plan, and one of the most important examples of this is the way of bringing together the owners in connection with the occupation of lands and properties in order to achieve the goals of collective development. It is obvious that a process that starts with the creation of dissatisfaction among the beneficiaries of the project is not based on the principles of Islam and jurisprudence.
Conclusion
Islam is the religion of justice, equality and right orientation, and by relying on Islamic jurisprudence, important rules can be extracted and explained in the field of urban issues. The rules of submissiveness, harmlessness and expediency are among the most important jurisprudential principles that must be observed in Islamic urban planning in Iran in order to maintain and control the family foundation, stability of ownership, and respect for citizens. Also, the main condition for validating urban development plans is their compatibility with the approved laws of the country.
Most of the specialized laws approved in the field of urban development and construction, including the Law of Municipalities (1960), the Civil and Urban Renovation Law (1968), etc., are related to the Pahlavi era, and these laws have not been corrected or updated over time. It is possible to achieve this goal in the form of adding notes to the articles of the previous laws, or canceling the previous laws and approving new laws. Islam is the religion of justice, equality and peaceful coexistence.
If the above laws are revised in accordance with the jurisprudential-ethical principles of the Islamic religion and the patterns considered for acquisition have the least amount of intervention and also the full satisfaction of the owners whose property is placed in the path of development plans, It is possible to observe the fulfillment of Islamic rules in the cities. Therefore, the following comprehensive suggestions are presented in order to achieve this goal.
- Avoid urban development plans that only exist with an economic and material view of land, buildings, and people's livelihood.
- Avoid large-scale decision-making and interventions.
- It is necessary to review and update the laws related to construction and development in line with the speed of development and complexity in cities. Including in the applicable laws that were approved before the Islamic Revolution era.
- Based on moral jurisprudence rules, a set of rights should be included in the laws and decisions should be made based on them, such as ownership citizenship rights, business and profession rights, water and flower rights, agricultural right.

Volume 5, Issue 3 (10-2015)
Abstract

One of the most important aspects of presence of citizens in urban spaces, that enhances their vitality and their effective social roles, is “moving on foot”. Nowadays, in many urban spaces, motion of a large number of citizens, who like to walk here and there in the cities, is affected by various factors. Dissatisfaction of pedestrians due to the limitation of urban spaces has a relationship with the violation of their rights. Citizenship rights, is one of the issues to be considered in Islam and is highly encouraged in respecting human values. A citizen, is an official member of a city, state or country and because of that, there are rights and responsibilities for him/her that have been assigned in law. In fact, citizenship right is a combination of duties and responsibilities of citizens in relation to each other, to the local and to the national government. In Islam, the rights and responsibilities that are known as the citizens’ rights are indigenous with the laws and regulations that have been known and assigned as Islamic human rights. These rights that must be strongly respected by Muslims, include civil, human, social, political, cultural and judicial rights. By studying some samples of justice in the Holy Qur’an, one can notice that “justice” involves all the issues which related to human beings. Some of the meanings of justice in Qur›an which have connection with citizenship rights in Muslim community include: placing everything in their right places, proper and accurate application of everything, respect for individual rights and the prevention of injury and trespassing, saving and prevention extremes, equality with other people and prevention and prohibition of superiority. Prophet Mohammad (peace be upon him) also mentioned justice as a factor for protecting and defending human beings’ right. He emphasized justice as the main criterion for all individual, social, moral, material, physical, spiritual, political and non-political rights. In this article, citizenship right is discussed from the perspective of justice in Islam. Justice is an important factor in the formation of the Islamic city. City is a complex structure that in every moment is influenced by three factors, «body or the built form», «population» and «social relations». So, establishment of justice in Islamic city is the function of (1) establishment of justice in the physical framework of a city, (2)fairly citizens use of urban facilities, (3) establishment of justice regarding to the citizens’ cultural aspects and issues (4) establishment of justice in the behavior of citizens with the physical framework of the city. The balance of the city framework, justice in the rational provision and distribution of municipal facilities, with access to the city authorities, fighting against oppression, good placement of urban facilities and their proximity and accessibility are all the signs of justice in urban scale. But in small-scale there are principles that following them, shows the importance of respecting pedestrians› rights and social justice, such as respect for human worth and dignity, good proportionality between dimensions of space and the characteristics of mental and physical organism of the human body, making the relationship between nature and human, and respect for other people, “La zarar va La zerar rule in Islam”, individual privacy, creating visual beauty and many other issue of these kinds. This study sought to evaluate the impact of these factors in violation of the rights of pedestrians, in the study area (intersection of Jalal Ale Ahmad and Chamran Highway to Kargar-e-shomali Street and Fatemi Intersection) as one of the areas with high pedestrian traffic. The statistical population of this study are the pedestrians who use these paths (the study area) at different times of the day and night. Research methodology is analytical-explanatory and based on field study. So on the basis of pedestrians and authorities views that was found through the researchand the principles of justice in Islam in relation to citizenship rights, six sets of criteria for the analysis citizenship rights of pedestrianscan be defined: Continuity, short distances, beauty, security, safety and comfort.A hierarchical model which intends to determine and analyze the factors that affect the rights of pedestrians in the study area has been used as well as “Expert Choice” software to evaluate the model. The results were obtained for the measures, on the basis of priority including security, safety, short distances, comfort, continuity and beauty. This means that in the study area, security had the greater role on the rights of pedestrians, and beauty has the least importance than others. On the basis of the principles of justice in Islam in relation to rights of citizens and with the issues which obtained in technical studies and expert opinions, the criteria which can affect pedestrian rights were found. For analysis of data, Analytic Hierarchy Process (AHP) technique, and for the importance of options, a questionnaire have been used. “Delphi Method” was also used to evaluate the importance of the criteria and sub criteria. AHP, according to its special features in the issues related to urban planning is a useful and desirable application. It is useful because it prepared a context for analysis and conversion of complex issues to a logical and simple hierarchy, thus planners can evaluate options with criteria and sub criteria. In addition, it also helps in analyzing the compatibility review in judgments. Given that most issues in urban planning and design can be studied through qualitative and quantitative indicators, the possibility of simultaneous use of both qualitative and quantitative criteria in AHP method made it a powerful tool for analyzing urban issues. Flexibility, ease of calculation and the possibility of final rankings also are other advantages of AHP method which can help in the investigation of Issues in urban planning. So, citizenship rights as a manifestation of the principle of justice in the Muslim community should be considered in Islamic cities. The results of the research show that urban management is the most important factor in relation with violation and defense of pedestrians’ rights. Other factors are: the way people behave in adjacent spaces, the behavior of the owners of vehicles and the behavior of other users at the urban spaces. Security is also the most important factor for pedestrians, the lack of it, is a type of violation of their rights. The current problematic situation of pedestrians’ rights is the result of years’ lack of planning and implementing the rights of individuals to neglect issues of implementation of the management system, but the planners and designers can enhance the present situation through a integrated comprehensive and coordinated planning. This program should be associated with all aspects of planning, design and management of the system. Thus, the crucial role of urban management in connection with the rights of pedestrians in designing new cities, in regularization of towns, in allocating of funds for the reconstruction and rehabilitation of urban road networks and the regulation of urban laws (like appropriate legislation and ordinances to bring about the changes in the culture of citizens who are either walking or riding in urban spaces), as the main tools for managing short and average trips within the city, and the most appropriate manner, must have the highest priority.

Volume 9, Issue 1 (3-2018)
Abstract

Concepts, in each language are signs that indicate meanings. They are usually made by humans and often affected by various factors. Some of the most important of these concepts, which have changed, are the "Ra'iyat" and "Raa'" words, which were used in the words of the Messenger of Allah (PBUH) for the first time. But gradually they have undergone the change in the context of the fluctuation of political semantics, so discourse of the negative pattern of the pastoral rule has been created.
Considering the importance of these political words, the effect of their meaning change, the Importance of Citizenship Rights and its Relationship with these concepts can raise the following question: How to understand these concepts based on cognitive semantics, and what are their true meanings in politics? The purpose of this article is to explain the Cognitive semantic of the Prophet's Hadith in order to understand the truth of the pastoral discourse. The findings, which are based on an analytical approach of Prophetic hadith "Kollokom Raa' " through library data and conceptual metaphor theory of G. Lakoff & M. Johnson explain the use of these concepts in the context of Hadith as a conceptual structural metaphor having Meaningful and abstract sense of guard and "Re'ayat"(respect) and "Mora'at"(observance). Pastoral discourse (Raa’) is therefore the result of the acceptance of the responsibility and realization of the rights of citizenship on the basis of the substance and essence of citizens and is based on the discourse of domination and despotism.
 
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Volume 20, Issue 2 (8-2016)
Abstract

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Volume 22, Issue 4 (3-2019)
Abstract

Introduction
One of the concepts considered as a development indicator in recent decades is to increase the level of public awareness about all themes, including individual rights and laws. Urban rights are a set of rules and regulations that determine the quality of relations, rights, and duties of citizens against each other, society and institutions of urban management. Awareness of these rights can be regarded as the core of social and political participation and basis of civil society. Accordingly, active participation of citizens in community affairs is considered as a part of the rights and duties of citizenship. Today, citizenship is part of the social and civil rights of any person who impels the organizations and the public to support him, in respect of obedience and observance of the laws and obligations. Although the concepts of citizenship rights in the developed Western countries have an extensive history, however, during the process of globalization, this concept has entered into developing countries, including Iran, and has attracted the attention of researchers, social activists, planners and urban managers. The first step in dealing with the issue of urban rights and active citizenship is to measure the citizens' awareness of their rights. Accordingly, in this study, citizens' awareness of urban rights in two affluent (5th municipal area of Mashhad) and non-affluent areas (1st municipal area of Mashhad with emphasis on Sadjad district), as well as the relationship between the awareness of urban rights and their active participation were investigated and analyzed.
Methodology
Considering that present study is seeking to assess a relationship between the level of urban rights and citizenship awareness, this study is considered as a solidarity research in terms of its nature, and it is considered as a descriptive-analytical study in terms of the method applied. The required data are collected through documentary and survey methods. The statistical population of this research includes residents of two districts of 1st and 5th municipalities of Mashhad, which involves the age group of 25 to 70 years. The reason for choosing this age range is that people usually marry at the age of 25 after graduation and military service (in the case of men) and enter the work and activity field, consequently, deal with urban management institutions. The research unit in this study is individual and the sample size was determined using the 384 Cochran formula. Data were collected through questionnaires using descriptive and inferential statistical tests such as correlation test, mean comparison, and chi-square, and were analyzed using SPSS software.
Results and Discussion
The results of this research show that the awareness level of residents of municipal district 1 regarding the urban rights is fair with an average of 3.124 and in district 5 with an average of 2.517 is lower than average as well as the difference in mean in two regions is significant. The significant difference in the level of awareness of urban rights in the two districts can be explained so that the district 1 is considered as one of the affluent and prosperous areas of Mashhad, and in contrast to the district 5 is considered as a non-affluent and impoverished area. It is normal that more income, better use of more educational facilities, the use of more advanced media outlets (Internet, newspaper, books, etc.), provide the higher occupational conditions and interaction with well-informed people, possibility of more domestic and foreign travels, which all contribute to raising the level of awareness of urban rights. There is also a significant positive relationship between income level and awareness which is another result of this study, confirms this claim. Other results of the research show that there is a significant positive relationship between the citizens’ awareness of urban rights and their active participation in urban management institutions. That is, the higher the level of citizens' awareness of citizenship rights is, their active participation in urban management. Furthermore, the results indicate that there is a significant positive relationship between residents' awareness of citizenship rights and their gender variables, their income, and educational level. This means that the men are more aware of urban rights and laws than women. People with higher levels of income and education have also had a greater awareness of citizenship rights. There was no significant relationship between the age and duration of respondents' residence in Mashhad and their knowledge of urban rights.
Conclusion
The results of most studies conducted in Iran on the participation of citizens indicate their high level of willingness to participate in community affairs and urban management, however, in practice, the active participation of people in the administration of city affairs is less. Perhaps one of the missing circles in this regard is less attention to citizens' awareness of their rights and duties towards citizens, urban managers, and the use of urban spaces. Citizens who do not understand their rights and duties to the community cannot be expected to participate actively in city affairs. There is a significant positive relationship between the awareness level of the rights and the laws of the city and the active participation of citizens in this research according to the theoretical issues and research background in relation to the issue of citizenship rights and participation. Members of a community are encouraged to participate in real, informed, and effective participation in different aspects of social life, in case, they are aware of their rights and obligations on the one hand and the scope of duties and responsibilities of the managers of the institutions and executive agencies on the other. Such awareness also encourages them to claim their rights and increases their sense of responsibility towards respecting the rights of others as well as the rules of the institutions of the community. Therefore, awareness of citizenship rights can be considered as the core of social and political participation of a community.
The lack of a meaningful relationship between the age and dwelling duration of residents with the level of awareness of citizenship rights in this research reflects the fact that in Iranian cities, even in metropolitan areas such as Mashhad, there is no appropriate social and institutional context for active citizenship participation and informing and training on urban and citizenship rights. Hence, to create and to improve such a field, more effort of managers, planners, and educational institutions is required.
 
Nasim Alsadat Mahbobi Shariyat Panahi, Abdolreza Roknodin Eftekhari, Leila Falahati,
Volume 29, Issue 3 (7-2022)
Abstract

 Non-governmental organizations as the third pillar and representative of civil society play a main role in socially excluded groups’ access to their citizenship rights including women. The most important aspect of citizenship is social citizenship which has a close relationship with public sphere. It seems that NGOs play a substantial role in facilitating women’s access to their social rights; however, their role, efficiency and effectiveness in realizing this goal are disputed by experts. The purpose of this study is to investigate efficiency of non-governmental organizations in women’s access to their social citizenship rights in Iran. This research has been conducted by a quantitative approach, survey method and questionnaire tool. The questionnaire, consisting of effective factors, was developed by library method and was presented to experts of women study in order to examine its face validity. The data of this study was gathered from three groups including 30 scientific and executive experts, 10 NGO managers and 319 people of NGO’s target population which were selected via stratified sampling. Data analysis rejected hypothesis of high efficiency and great power of NGOs in women’s access to their social citizenship rights in Iran.
 

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