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Volume 0, Issue 0 (12-2024)
Abstract

Aim and Introduction:
Vulnerable employment, a segment of the informal economy, includes home-based businesses that emerge due to a lack of opportunities for formal employment. These businesses often operate without essential benefits such as medical insurance, social security, bonuses, and pensions, which exposes workers to economic instability. Consequently, many individuals engaged in vulnerable employment seek loans and financial assistance to expand their business activities and transition to the formal sector. Banks, as the primary providers of such loans, request collateral from borrowers – typically in the form of property documents – to ensure repayment and mitigate financial risk. Strengthening legal rights related to loan collateral enhances banks’ confidence in issuing loans, thereby increasing access to credit for vulnerable workers.
Due to the oil-dependent nature of OPEC economies and their reliance on oil revenues, many of these countries often lack robust production infrastructures capable of generating sufficient formal employment opportunities. This study aims to analyze the effect of strengthening loan-related legal rights on vulnerable employment in OPEC member countries, including Iran, Iraq, Algeria, Angola, Congo, Gabon, Kuwait, Saudi Arabia, the United Arab Emirates, Venezuela, Guinea, Libya, and Nigeria, during the period from 2013 to 2021.
Methodology:
Following the approach of Herkenhoff et al. (2021), this study employs a model in which the independent variables include the strength of legal rights related to loans, oil revenues, secondary school enrollment rates, and the urbanization ratio. Given the study’s objective of analyzing the threshold effects of legal loan rights on vulnerable employment, the Panel Smooth Transition Regression (PSTRmouseout="msoCommentHide('_com_1')" onmouseover="msoCommentShow('_anchor_1','_com_1')">[A1] ) method is used to estimate the model.
Results and Discussion:
The analysis identifies a 6.22% threshold in the legal rights index, distinguishing two distinct regimes. In the first regime, the strength of legal loan rights does not significantly impact vulnerable employment. However, in the second regime, a higher index value reduces vulnerable employment, suggesting that more substantial legal loan rights facilitate the transition of workers from the vulnerable to the formal sector. Additionally, oil revenues and secondary school enrollment rates exhibit a negative effect on vulnerable employment, while the urbanization ratio has a positive effect.
Conclusion:
The findings of this study indicate that strengthening legal loan rights has contributed to a reduction in vulnerable employment, which is a subset of informal employment. This shift has contributed to growth in formal sector employment.  Banking regulations and enhanced requirements for obtaining collateral have increased banks’ confidence in lending, as they are better able to mitigate the risk of non-repayment. However, this system primarily benefits individuals who can pledge valid collateral, such as real estate and housing documents. Given the high value of such collateralized assets, borrowers are more likely to invest their loans in business development, transitioning their employment from the informal to the formal sector. In addition to securing stable employment, they also gain access to social benefits such as insurance and social security. This financial stability enables them to make timely loan repayments, preventing defaults and preserving their financial credibility.
Based on these findings, it is recommended that governments and banking authorities in the investigated countries implement strict laws and regulations to guarantee loan security and identify factors contributing to bank insolvency. Such measures would help prevent financial resource mismanagement in the banking sector and reduce the probability of bank failures. Strengthening financial regulations and risk management strategies would facilitate lending, ultimately promoting employment growth in the formal sector and reducing the prevalence of vulnerable employment.
Furthermore, the study reveals that oil revenues negatively impact vulnerable employment, which may be attributed to increased government spending on productive investments and formal job creation. This suggests that redirecting oil revenues toward investment, production, and employment generation—rather than short-term expenditures—can facilitate the transition of workers from the informal to the formal sector. Thus, policymakers are encouraged to prioritize long-term economic strategies that allocate oil revenues to sectors that foster sustainable employment opportunities.
The findings also highlight the positive effect of education on labor force transition. Higher levels of education and training result in a more skilled workforce, increasing their acceptance and employability in formal job markets. Therefore, governments should allocate additional resources to public education, provide free schooling, and expand access to higher education for economically disadvantaged groups. Promoting scientific education and fostering a culture that values learning can further enhance workforce skills and economic mobility.
Finally, the study finds that urbanization has had a positive effect on vulnerable employment, indicating that increasing urbanization has not been accompanied by industrial advancements or skill development, thereby failing to support the expansion of the formal sector. Instead, urbanization in the studied countries has often been driven by unfavorable business environments, weak regulatory frameworks, and a lack of political transparency, contributing to the growth of the informal economy. To address these challenges, policymakers should focus on improving governance, strengthening legal and economic structures, and fostering a business-friendly environment that supports formal employment

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mouseout="msoCommentHide('_com_1')" onmouseover="msoCommentShow('_anchor_1','_com_1')" style="text-align: justify;"> [A1]The written abbreviation is for “the Panel Smooth Transition Regression”


Volume 4, Issue 1 (10-2012)
Abstract

The institution of family has faced important evolutions in recent decades. Transition from traditional society to modern one has caused changes in cultural and social imaginaries and structures. Recent evolutions have affected family law as well as therights of women, men and children. This article, focusing on the Bill on Family Protection, tries to study family's evolution from the sociological and legal points of views. The first section (sociological view) considers the changes as to the role and place of women, men and children in the contemporary Iranian family. In the second section (legal view), advantages and disadvantages of the Bill are reviewed with respect to the sociological evolutions. Finally, based on legal and sociological findings, we examine the conformity of the Bill on Family Protection with current family evolutions and the possibility of solving family issues and problems

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 5, Issue 3 (9-2024)
Abstract

Aims: The problemology of Iran’s urban development policies is focused on the legal dimension of urban development programs in the period after the revolution “from the beginning of the 1360s to the end of the 1390s”.
Methods: For this purpose, after detailed study of the text of the approvals in the mentioned time frame, with the interpretative-analytical approach and with the help of the qualitative content analysis method, the approvals related urban design were discussed and then the content related to the development plans was extracted. A city from legal point of view was examined in these 42 resolutions.
Findings: Paying attention to the texture and historical buildings with 24.68%, paying attention the existing historical background with 18.36%, tourism in urban areas with 16.58%, and recreation and leisure axes with 15.47% were the most topics. which have been considered from legal point of view. In the meantime, attention is given “view axis” with 0.98, “walking axis” with 1.88 and “cycling axis” with 1.88, attention to “height proportions”, “human scale” and less has been written from the legal point of view in the political issues of urban planning in Iran from the beginning of the 1360s to the end of the 1390s.
Conclusion: As result, despite the existence of hundreds of legal texts that have at least one article or clause related to planning and controlling the country’s physical development, this collection has not yet been able respond to the needs today’s physical development the country and relationship between the government and the people. Determine the relationship between people and the legal framework.


Volume 6, Issue 3 (10-2014)
Abstract

“Globalisation” is one of the most influential philosophical thoughts with direct effects on the economic, political and cultural entities of countries in the modern era. Most scholars relate the emergence of this phenomenon to the period after Renascence. However, with little contemplation, one could trace the roots and origins of philosophical thoughts and mythical concepts – of course not in their present form – to ancient civilisations. Doubtless, Sasanian empire (224-651 CE),  with 427 years of glory in the world,s  political arena, can be considered as one of the greatest and most powerful cultural foregrounds of ancient era that was managed by the direct instructions of Zoroastrian philosophers. The founder of this empire (ArdašīrPāpakān: 224-241 CE), in response to the question that why have you risen against your reigning king (Ardavan V Ashkani), clamed: “To make a world with a single-God”. Now, the question is. Can “Ardašīr’s efforts in establishment of a world under governance of a single God” be counted as the first efforts toward unification of the world and the initial steps in globalisation? – efforts that were accompanied by practices and widespread endeavours. The principal hypothesis is that the thoughts of globalisation were nurtured in the thoughts of Zoroastrians’ eminent Mōbads and practiced by the founder of Sasanians Empire. The main aim of the present research is to investigate the first veinsofglobalisation notions and the associated practical measures of Sasanian kings. In doing so, all of the Sasanian historical and archaeological evidences that certify the research hypothesis are envisaged and discussed in the context of globalisation and cosmopolitanism thoughts. The cosmopolitanism idea, with roots in the ancient world, is also used to associate the today’s globalisation concepts with the ancient ones. These concepts together with archaeological and historical evidences are clear indications that globalisation and cosmopolitanism thoughts have been introduced 1800 years ago in Iran; and indeed practiced on the relevant scale by Sasanians.  

Volume 7, Issue 1 (4-2003)
Abstract

Fariborz Emaniyan Ph.D. Student Privat of law Tarbiat modarres University Abdollah shams Assosiat Professor department of Law, Shaid Beheshti University Mohammad Issaei Tafreshi Assistant Professor department of Law, Tarbiat Modarres University The article 959 of civil act of Iran ordains: no one can absolutely devest the right of enjoyment or implementation of the whole or part of civil rights of him/her self Iranian writers of civil law have interpreted the above article in several ways. The difference in opinion, in interpreting the above article among several writers of civil Law is due to the various concepts of "civil rights" prevalent in legal literaturs. Civil rights in its subjective meaning can imply to two categories of individual rights: 1- Relative civil rights means rights and privilages, resulting from governing law over a specific legal situation. 2- Absolute civil rights, means rights and general freedom in relation to human reputation and all human beings solely for being possess it directly, absoluly, human, and without noticeing to another specific legal situation. In current legal literature, this category of rights is also called human being Civil rights. This text tries to show that the term of civil rights (Hooghoogh-emadani) in the above mentioned article and also in the articles 957, 958 and 961 of civil act is used in the meaning of absolute civil rights. Therefore the Iran legislator by emphasising on the human enjoyment of the rights mentioned in the articles 957, 958, 959, 960, and 961 of civil law has announced his support of these rights which are in the domain of Iran private law and with emphasis on the undevestibility of the human rights and freedom whether in general or in particular and though with the person's consent agreement.

Volume 7, Issue 4 (1-2004)
Abstract

Nasrin Mosaffa Assosiant Professor, Faculty of Law and Political, Science University of Tehran, P.O. Box 14155-6448 Since the adoption of U.N. charter in 1945 and later Universal Declaration of Human Rights in 1948, U.N. organization continuously compiled a set of international human Rights instruments. With Universal acceptance, discussion around the human Rights norms in 1945 changed to legal obligations of states in international community. Although it is believed that the first and most important way for implement action of international Human Rights instruments is national support of them, in all over the world it is emphasized on the necessity of strengthening U.N. Human Rights mechanism for better and effective support of rights. U.N. mechanism are two parts: charter based and treaty based organs which their effectiveness relates to different factors. Structure, U.N. overall capacity and political interest are among them. Main purpose of this paper is to consider the two set of mechanism with special attention to U.N. Human Rights Commission and 6 treaty bodies, and also to evaluate their effectiveness and challenge.

Volume 8, Issue 4 (11-2020)
Abstract

Aims: Improving the quality of patients' safety is one of the hospitals' priorities and the WHO has prioritized it as one of the basic health concerns. The purpose of the present study was to investigate the impact of the "SPEAK UP" program on strengthening patients' participation and safety referred to Babolsar hospitals.
Materials & Methods: This quasi-experimental interventional study was performed from June to December 2017. The selected patients referred to the clinic of Shafa Hospital were divided into two groups: control and experimental (50 participants in each). A pre-test was given to both samples, and then training was held for the intervention group through the educational brochure. A researcher-made questionnaire was used for collecting the data based on the "SPEAK UP brochure" (α=0.925). Wilcoxon and Mann-Whitney tests were used for testing the research hypotheses through SPSS 20.
Findings: The mean scores of participation, safety, learning, and asking skills in the post-test of the experimental group were higher than that of their pre-test scores. Implementation of the SPEAK UP program had a significant impact on participation, safety skills, learning skills, and the asking skills of the patients who referred to the hospital.
Conclusion: Promoting the implementation of the "SPEAK UP" program through using 7 educational rules has a significant impact on the free expression of opinions, enhancing the patients' participation level, and improving the safety of patients who referred to hospitals and others health centers.


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.
 

Volume 9, Issue 3 (10-2005)
Abstract

The "margine of discretion" in criminal proceeding is a policy which has been recognized in Islamic law. Accordingly, judges have the opportunity, or indeed the right, to evalute the usefulness of the punishments awarded by them. In som criminal cases, however, there appear to be certain obstacles which may prevent courts to apply their own discretion, namely the effective role of the victim in the whole proceeding, the necessity of taking into account his aims (or desires) and the possibility of his forgiveness. In this paper, attempt has been made to illustrate that under Islamic criminal law the policy of "discretionary power" should be applied to all cases notwithstanding the right of victims.

Volume 9, Issue 20 (5-2005)
Abstract

Will women enjoy the same rights as men on the Day of Judgment or they will face gender discrimination within the framework of rightful justice? Is gender involved in the recompense or comeuppance granted to the people for their eternal living? Will men and women enjoy the same divine favors or men gain further owing to their dominating character? Are heavenly recompenses, material and spiritual pleasures awarded to both men and women equally or women will be next to men? This article is supposed to answer such questions and elucidate the status of women in the afterlife from an Islamic standpoint with involvement of gender on the Doomsday.

Volume 9, Issue 20 (5-2005)
Abstract

Abstract The purpose of this article is to give a comprehensive and clear presentation of the international human rights framework relevant to the right to a fair trial. This article also has focused on the right to a defence and the rights of the defence in international human rights law. The legal sources referred to in this article are the major international legal instruments dealing with the right to a fair trial. In order to find examples and more detailed explanations, it also refers to the case-law developed by some of the international bodies in charge of looking at complaints from individuals, i.e. mostly the United Nations’ Human Rights Committee, in charge of applying the International Covenant on Civil and Political Rights (ICCPR) from 1966 and the European Court of Human Rights, which is the most relevant international human rights mechanism for more than forty European countries. Some of the international standards that the article refers to are actually legally binding for the countries which are parties to them; that is the case of the ICCPR. Others are belonging to the category of soft law, as for example the basic principles on the role of lawyers established by the United Nations, which are not as such legally binding, but participate in creating a larger legal framework1 . It is this framework which is presented in this article in order to understand the coherence of the safeguards that have been put in place concerning criminal proceedings. It is important to point out at the fact that the right to a fair trial has both overall implications and very concrete and detailed implications. As to the overall implications, the right to a fair trial hangs over all other human rights and it can be advocated that all human rights comprise procedural rights as an inherent part of their effective protection. The very concrete, detailed implications concern among others more technical arrangements of proceedings before domestic courts. The article begins with some short introductory remarks on the right to a fair trial (I), then it envisages the right to a defence (II) and the rights of the defence or defence rights (III). It shall be underlined that this article only deals with criminal proceedings. As a matter of fact the relevant provision of the ICCPR focuses on criminal charges and proceedings; in an European context, Article 6 of the European Convention on Human Rights (ECHR) relates in the first place to proceedings concerning the determination of “civil rights and obligations”. However, most of its provision concerns, as in Article 14 of the ICCPR, criminal charges.

Volume 10, Issue 3 (10-2006)
Abstract

Moral rights constitute legal and immaterial advantages related to the personality of authorś work. Many of international regulations and national laws recognize the moral rights for the copyright author; with the difference that some of them have provided permanent protection of the moral rights and another have provided the limited period for this protection. Some international conventions and agreements have not provided the moral rights for the related rights; also, the national laws noting these rights limited them to certain cases. In this article, we study the foundation of the moral rights and their position in Iranian copyright and related rights Acts, the draft of copyright and related rights Act, the national laws of some countries and the regulations of related conventions.

Volume 11, Issue 2 (7-2007)
Abstract

Abstract It is recognized that, as a general rule, the beneficiary can assign his rights pursuant to the guarantee to a third party, with or without a specific stipulation to this effect. This rule is also endorsed in article 4 of URDG and article 10 of UNCITRAL Convention. It is expressly noted that assignment of the rights of the guarantee means assignment of the proceeds only, and that the assignee can not call the guarantee without the cooperation of the beneficiary. This is only different if the guarantee contains explicit provisions to the contrary. Such a stipulation would be extremely dangerous for the account party, since it virtually turns the guarantee into a negotiable instrument and the risk of a call, including a fraudulent call, will increase significantly. Unless otherwise stated in the guarantee, the beneficiary is not entitled to transfer the guarantee in the sense that the transferee is able to call the guarantee independent from and without the cooperation of the beneficiary/transferor or in the sense that the transferee is entitled to request the issue of a second guarantee in his favour. The beneficiary’s right to the proceeds of the guarantee upon a valid call is ordinarily also capable of being pledged, but this depends on the law that governs the guarantee. The approach of Iranian law to this matter is discussed in this article.

Volume 11, Issue 2 (7-2007)
Abstract

Abstract Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) is considered as the most compelete document on intellectual property rights because it constitutes different aspects of IPRs such as copyrights, related rights, goods and service trade marks, geographical indications, industrial designs, patent and alike Also, it provides different sanctions of IPR protection. For accession to TRIPs, Iran is required to conform its domestic laws on IP with this Agreemant. Naturally, this accession would give rise to some rights and commitments for that country. The present article, tries to consider copyrights and related rights in TRIPs and Iran accession to it.

Volume 11, Issue 4 (12-2007)
Abstract

The present research attempted to explore the grounds for granting compulsory licenses of intellectual property rights and the possibility of granting this kind of license in Iranian legal system. Granting of compulsory licenses is possible both in the fields of copyright and industrial property rights. According to the related international instruments such as Paris Convention for the Protection of Industrial Property, Bern Convention for the Protection of Literary and Artistic Works, TRIPs Agreement and Rome Convention as well as the national laws of many countries, compulsory licenses are granted generally in two grounds: when the right holder abuses his rights and when protection of public interests such as public health, national defense and correction of anti-competitive practices are necessary. Apart from the draft of Iranian patent law and the draft of "Competition Enhancement and Monopoly Regulation", both of which are under review by the Islamic Parliament (Majlis), there are no specific provisions regarding the licenses. However, granting of compulsory licensing may be legally acceptable with respect to Iran’s membership in Paris Convention for the Protection of Industrial Property. The general rule of "prohibition of abuse of right" under the 40th principle of the Iranian Constitution Law may also be another legal basis for compulsory licensing in the case of the abuse of monopoly rights by the IP right holders.

Volume 11, Issue 4 (10-2020)
Abstract

Difficulties of the legal language is something that everyone has heard something about that and may have ideas about the problem. It is being said that the way to solve the problem with the legal language is that we try to write the articles of the codes in an easy language and method and to use editing instruments. From a linguistic point of view it is not just the matter of easy writing but it is a problem which needs some basic theoretical hypothesis to show us a scientific method to deal with the problem. In this study, subject matter analysis is done through the functional approach as proposed and outlined in Halliday’s approach. The author believes that it is not enough to consider the linguistic character of the articles of the legal codes or the texts of law, but we needs to consider instead the communicative aspects and the way the legislator convey the massage.
This paper aims to study how the Criminal Procedure Code of Iran to convey meaning and to communicate and transfer message to the audience based on Halliday’s functionalism regarding communicative and functional roles of language.  Based on that approach, the Code is expected to communicate with the audience and convey meaning and message through a variety of linguistic functions. Each article in the code contains a variety of actions and topics which the legislator tries to convey to the audience using linguistic and metalinguistic factors. In this paper an attempt is made to represent the three experimental, interpersonal and textual metafunctions in the articles of the Code.
Legal mechanisms, expressed through language propositions, are subordinate to the contextual and structural requirements of language for meaning. Functional theory defines three metafunctions as contextual and structural requirements for expressing any linguistic contents. To consider the empirical-logical, interpersonal, and textual metafunctions is necessary to analyze the difficulties of the legal language in general and the language of the law in special. The key question is: what is this difficulty? The functional hypothesis is that this difficulty lies in the way information is presented by the text and in the way the text to communicate. By focusing on Articles 1 to 7 of the Criminal Procedure Code of 2013, The present paper showed that in these articles, passive structure of the verb, substitution of the subject with the abstract expressions and conversion of concrete verbs to ideational create a huge amount of interpretation imposed on the reader. It has implicated the role of judicial authorities in the exercise of power in the form of constructive and empirical and material constituent elements in cases where they must be held accountable. This form of information gives a dominant position to the judicial authorities against the accused in contrast with the protection of civil rights enshrined in Article 7.
Findings confirmed the desirable performance of the functional theory in the field of the articles of the Code. Halliday’s Functionalism shows that the main problem in respect with the articles of the Criminal Procedure Code is not just restricted to the linguistic features but the main problem arises from the communicative strategies which the legislator uses to convey meaning to the audience. In this way the interpretive implications have the most parasitic role which do not let the audience easily communicate and direct with the message being conveyed. The results of this study showed that a proper packaging of Information, regarding the functional aspects, is a useful way to achieve the goals of an easy writing movements too. Proper packaging of information, will help us resolve the difficulties in both sides of writing and communicating.

Volume 12, Issue 2 (7-2012)
Abstract

     The harms and damages caused by consumption of damaged or dangerous goods is an undeniable fact and in some cases can be an extremely bitter and sad event. In order to support consumers in such a situation, the creation and use of preventive laws and regulations is the first step towards introducing damages. Passing legislation to compensate for damages incurred by consumers is the next step. Recognizing the responsibility of the sellers of damaged or dangerous goods has a particular importance for the compensation of harms to the consumer of this kind of product. In the area of responsibility of sellers of damaged or dangerous goods and compensation for the consumers of these goods, in addition to the general regulations and special laws protecting consumer rights, we can also use laws and regulations that have not necessarily been adopted with the rights of consumers specifically in mind.     The laws and regulations relating to rules preventing harm to the consumers of damaged or dangerous goods have previously been considered by the authors in another article . In the present article one section of the laws and regulations that contain rules relating to compensation is considered. A methodology based on library research along with a descriptive and analytical approach has also been used in this paper.

Volume 14, Issue 1 (9-2022)
Abstract

 
The purpose of this article is a historical study of the concept of fundamental rights and freedoms among constitutional thinkers. The article sought to provide a precise definition of rights, by the method of historical analysis, by more than 30 constitutional clerics and intellectuals; And try to offer an appropriate classification of each of their encounters with rights and freedoms. The conceptual and theoretical framework under consideration is how Kant and Rawls formed the modern subject; On the other hand, the existing categories of rights. Eventually, a ranges emerged in which believers believed that "freedom causes the spread of heresy and opposition to Islam"; "Political rights or the rights of the king and the humans"; "Economic and social rights to consolidate society"; "Personal and political rights" and "Fundamental rights and public freedoms as citizenship rights".


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