List of Articles principle

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  1 - The "important and more important" principle, and the unethical theory of justification
   
  The subject of “ethics in governing and ruling” has always been of interest to scholars and thinkers of all societies. Ethics in politics or ethical politics is still a controversial issue among great thinkers of political and moral philosophy. Having a short look at th More

  The subject of “ethics in governing and ruling” has always been of interest to scholars and thinkers of all societies. Ethics in politics or ethical politics is still a controversial issue among great thinkers of political and moral philosophy. Having a short look at the theories of philosophers from different schools about the relationship between ethics and politics, and having made a comparison between Plato, Aristotle, Marx, and Machiavelli, this article tries to describe and present the viewpoint of the Qur’an and ‘Ali ibn Abi-Talib about the matter. This article shows that the principal ruling method recommended by Niccolo Machiavelli, which is practically accepted by all rulers, and that is instrumentality in statebuilding –an approach represented by the saying “the ends justify the means.” Whereas, the Prophet of Islam's son-in-law, his closest companion, and his chosen successor; ‘Ali ibn Abi-Talib, has explicitly rejected this idea, And then, we have refered to the views of Shia jurists on the topic, and rooted out the "important and more important" principle and the determinants in case of contradiction, showing that the Quran and Hadith have allowed employing forbidden means only in the exceptional case of "saving humans' life," and it cannot be generalized to all cases of two contradictory gains. Manuscript profile
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  2 - Right to a healthy environment in the light of the principles of jurisprudence and ethics
  Mohsen Emami Gheshlagh Seyyed Mohammad  Hashemi Mohsen  Mohebbi Vali  Rostami
  Today, the spread of science and technology and, consequently, of the industry, despite the granting of peace and prosperity to humans, have caused destruction, pollution and harm and the creation of environmental crises. An environment which is the basis of social, eco More

  Today, the spread of science and technology and, consequently, of the industry, despite the granting of peace and prosperity to humans, have caused destruction, pollution and harm and the creation of environmental crises. An environment which is the basis of social, economic and political life, is necessary for the survival of every human being and as a platform for human life and its means of evolution, in the jurisprudential and moral discourse, a reasonable capacity for research in order to protect it as the human right and duty of the human community has it. In this regard, in order to achieve healthy environment and its importance, there are two approaches. In the first approach, for nature, as divine value is intrinsic and nature itself is discussed, but in the second approach, the necessity of preserving the nature as a tool for use In this article, the authors, while believing in the first approach, seek to explain the ethics of the environment by emphasizing the jurisprudential and moral teachings in order to protect it as a fundamental human right. Manuscript profile
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  3 - Morality and fair procedure in the light of predictability principle of procedure rules
  jalil ghanavati Eslam Mondani
  The relationship between morality and law is a definite affirmation and endorsement of philosophers, ethical thinkers and lawyers. Ethics in the process of procedure are one of the issues that can be specifically addressed in relation to these two issues. Predictability More

  The relationship between morality and law is a definite affirmation and endorsement of philosophers, ethical thinkers and lawyers. Ethics in the process of procedure are one of the issues that can be specifically addressed in relation to these two issues. Predictability principle in civil procedure is considered as one of civil fair procedure principles, looking carefully at provisions of the civil procedure code of Iran and other regulations and Shiite jurisprudence judicial discussions related to the role of judge and the evidences, predictability principle can be recognized in Iran civil procedure code as civil fair procedure principle. Documents of matching transnational procedure and documents and rules of arbitration sample significantly support predictability principle in civil procedure in judge’s performance and litigants of private disputes in relation to evidence. The relationship of other procedure principles is sometimes coordinated with predictability principle such as contradiction principle, parties’ despotic domination principle on civil claim, and the principle of judge neutrality and sometimes is conflicting with other principles of civil procedure such as prohibition of unduly prolonging civil procedure principle, the principle of civil party’s hearing right. In this field, the exact scope and the quality of implementing this principle should be carefully investigated in the light of other civil fair procedure. The sanction of violating implementation of the predictability principle in the civil procedure is invalidity of judicial decisions and possibility of research or appeal violation in this principle of civil fair procedure. The research method is descriptive and analytical. Manuscript profile
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  4 - The role of Islamic ethics in desirable governance
  Seyyed Zeinol-Abedin  Mousavi Hossein  Aghaei Jannat Makan NoorMohammad  Nowruzi
  Morality leads to a spiritual and inner development of mankind, and governance is the same as a policy that manages the administration of human society with the management and administration of society, how ethics, which are primarily an individual category and a kind o More

  Morality leads to a spiritual and inner development of mankind, and governance is the same as a policy that manages the administration of human society with the management and administration of society, how ethics, which are primarily an individual category and a kind of cultivation of the soul and relationship with God, and introspection in it It is manifested by the governance of community management that deals with the affairs of people in all respects, and how fundamentally, in the heart of government and political sovereignty, is the practical wisdom of "ethics" to play? By studying the desirable governance indicators, we are well aware that the basis of all of them is focused on Islamic ethics. How can it be that with all this volume of the verses of the Word of Allah Majid and the claims of the infallible Imams and the leaders of religion, which have a completely moral dimension, good principles of accountability , Accountability, rule of law, justice, fair trial, the right to comment, participation, control and fight against corruption and transparency from the moral point of view are defined and interpreted but not ethical, therefore, ethics and sovereignty, no conflict and conflict with each other and Incidentally, all good indicators are based on Islamic ethics. Now, with the addition of all these good indicators based on the Islamic ethics, a better governed state. Manuscript profile
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  5 - Explaining the Basics and Principles of Ethical Education in Allameh Faiz Kashani's Thoughts
    hasan malaki sayyed sadroddin shariaty soghra ebrahimi qavam alireza sadeghi
  The purpose aims to explain the basis and principles of ethical education in Allameh Faiz Kashani's ideas and thoughts. This research is qualitative and for achieving the research goals, documentary analytical method has been used.In order to collect information about e More

  The purpose aims to explain the basis and principles of ethical education in Allameh Faiz Kashani's ideas and thoughts. This research is qualitative and for achieving the research goals, documentary analytical method has been used.In order to collect information about education, the factors of research, namely, ethics, principles and foundations of the important work of education of Malahmansen Feyz Kashani (RA), namely, "Mahajat al-Bayaza Fi Tazzib al-Huhia", and other research in this field have been used; this means that first identification and collection of required resources along with snapping and recording the desired topics have been done;Then the data was categorized and finally analyzed. The findings showed that the foundations of ethical education included (moral variability, interconnectedness of religion and ethics, comprehensive moderation, ethics hierarchicality, motivation of the subject and intention), and the principles of moral education from the perspective of Allameh Faiz Kashani (the principle of protection and care for Prayer, the principle of protection and care for fast, the principle of financial dedication, the principle of paying attention to the rights of others, the principle of reforming the conditions, the principle of gradual excellence, the resort and spiritual relationship with Imams (AS).Accordingly, officials and educational planners at different levels, according to the results of the present study, have to take steps towards the provision of instructions, books that can be used in educational instruction. Manuscript profile
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  6 - Explaining the Foundations and ethical Principles of Consumer law from the Viewpoint of Islamic Law
  rasul shojaei Jalil Ghanavati touraj taqizadeht ahmad habibnezhad
  The concept of ethics and moral virtues is one of the most complex concepts in practical philosophy. Topics related to human nature and basic human needs will never obsolete, old and non originality. Ethics is one of these issues, and since some emerging phenomena have More

  The concept of ethics and moral virtues is one of the most complex concepts in practical philosophy. Topics related to human nature and basic human needs will never obsolete, old and non originality. Ethics is one of these issues, and since some emerging phenomena have entered into the our business world with a new face, it’s need to note to human and moral aspects, which undoubtedly have many legal requirements in the legal relationships among people, including Consumer contracts and consumer contracts are rooted in ethical principles. Theology, anthropology, nature, dignity and self-esteem, justice, goodwill, ethical indecency and etc. are among the bases in relation to consumer law. The purpose of this research is to explain and analyze the foundations mentioned in Islamic law. Manuscript profile
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  7 - The results and influences of the principle of civil verdicts practice stoppage prevention
       
  20.1001.1.23833279.1399.10.39.8.0
  Verdict practice is the continuation of the trial process; therefore its unnecessary stoppage is both does not make sense and against the policy-maker will, and leads to nothing but indiscipline and chaos in the society. In this end, non-stoppage of verdict practice in More

  Verdict practice is the continuation of the trial process; therefore its unnecessary stoppage is both does not make sense and against the policy-maker will, and leads to nothing but indiscipline and chaos in the society. In this end, non-stoppage of verdict practice in Iran with some specific legal cases has been accepted as a principle. The domain of this principle, in terms of time span, is after the certainty of verdict and the announcement of the verdict until its full practice and the end of the practice process, and in terms of objective, includes the issued judicial verdicts by the judicial courts or any other resources with civic features.The agreements are not included in this domain except indispensable agreements such as demand supply and preliminary order. The effects can be seen on practicing parties, third parties, officials, agents and judges of verdict practice, which has been mentioned in various laws with penal practice guarantee and civic responsibility. High speed and effectiveness of verdict practice, respect to the rights of both parties, observing the view of the wining party, observing the interests and the rights of the losing party are among the advantages of this principle Manuscript profile
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  8 - Alignment of jurisprudence and ethics with the assumption of observing the limits in corporal punishment of children
  Sadegh  Fani Maleki Ahmad mirkhalili
  20.1001.1.23833279.1400.11.44.7.6
  According to the jurisprudential sources, the principle of corporal punishment of children has been prescribed and according to this, the legislator of the Islamic Republic of Iran, in Article 1179 of the Civil Code, has accepted the corporal punishment of children by t More

  According to the jurisprudential sources, the principle of corporal punishment of children has been prescribed and according to this, the legislator of the Islamic Republic of Iran, in Article 1179 of the Civil Code, has accepted the corporal punishment of children by their parents. At first glance, it is thought that corporal punishment of a child is a behavior contrary to moral standards, and this jurisprudential ruling is in conflict with moral principles. The purpose of this study is to correct this basic view and to prove the principle of permissibility of corporal punishment of children from two perspectives of jurisprudence and ethics and to determine its permissible scope, to prove the non-confrontation of jurisprudence and ethics in this field. That is, corporal punishment in jurisprudence on the one hand is limited to its amount, type and severity, and on the other hand, the age of the child, the position and motivation of the discipline are also considered as permissible limits, and by observing these restrictions, not the ruling It is not permissible in jurisprudence to oppose the principles of ethics, but it is completely in harmony with it. Manuscript profile
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  9 - A Study of Ethical Principles in Judicial Oversight in Iranian and British Law
  Hashem  Pouran Fard Seyed  Mohammad Mahdi Ghamami Vali  Rostami
  20.1001.1.23833279.1400.12.45.5.9
  Ethical principles are of particular importance in judicial oversight. The value and importance of ethics for the organization is very significant and this issue has a special place in judicial supervision. Therefore, the purpose of this study is to investigate the ethi More

  Ethical principles are of particular importance in judicial oversight. The value and importance of ethics for the organization is very significant and this issue has a special place in judicial supervision. Therefore, the purpose of this study is to investigate the ethical principles in judicial supervision in Iranian and British law, which was addressed in this study. In this study, judicial supervision and its principles in Iranian and British law were examined Then, the moral principles in Iranian and British law were discussed. According to the findings, the moral principles in Iranian law are the principle of honesty, the principle of trustworthiness, the principle of openness, the principle of fairness, the principle of disregard for prohibition; But in English law, the ethical principles of judicial oversight include illegality and the issue of disqualification, the rationality of action, non-compliance with legal procedures, legal procedures and the principles of natural justice. Manuscript profile
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  10 - Assumptions of professional ethics of university faculty members with emphasis on Islamic sources
  AbdOlhamid Farzaneh
  20.1001.1.23833279.1401.12.48.4.8
  The aim of this research is to prove the existence of pre - assumption of ethics of university instructors in religious teachings . for this purpose , by the method of library research and analysis and description of the verses of the qur an and the traditions of the in More

  The aim of this research is to prove the existence of pre - assumption of ethics of university instructors in religious teachings . for this purpose , by the method of library research and analysis and description of the verses of the qur an and the traditions of the infallibles ( peace be upon them ) and viewpoints of the scholars , findings were obtained which showed that not only these assumptions are in accordance with the latest theories of the new sciences . the results of three groups were given the main hypothesis to enter the field of education that it can be successful in achieving educational and educational goals . these preconditions consist of elements and pre - assumptions including belief in the special efficiency of god , faith in the permanent supervision of god and revelation of truth in the judgment , the importance of purification and pre - assumption of knowledge including beginning of self and protection and strengthening of their scientific status , respecting the proper appearance , regularity and discipline , kindness with audiences and honesty and being a positive and positive role in achieving their educational and educational goals. Manuscript profile
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  11 - Analysis of the jurisprudential (Fiqh) foundations of the six areas of education and training in the document of the fundamental transformation of education
  Hasan Mohammadpoor Mohsen  Malek Afzali Ardakani Ali  hemat banari
  20.1001.1.23833279.1401.13.49.10.9
  The six educational areas in the document of the fundamental transformation of education and training have been gathered according to the different needs of human beings and based on meeting these needs and the flourishing of talents and abilities and moving in the dire More

  The six educational areas in the document of the fundamental transformation of education and training have been gathered according to the different needs of human beings and based on meeting these needs and the flourishing of talents and abilities and moving in the direction of pure life. Scholars of the education system of the Islamic Republic of Iran have relied on different principles and foundations to design these areas, which are the basis for a great change in society. This article seeks to study the principles of jurisprudence based on verses and traditions and the opinions and views of jurists in the fields with a descriptive-analytical method and with the aim of explaining the reflection of jurisprudential principles in the six areas of education and training. The result of the research shows that different domain of the six areas of education and training in the document are in broad harmony with Islamic teachings. Experts in the field of education in the country have written the document accordingly. Because the importance of relying on these principles for the emergence of capabilities and achieving a pure life and the desired perfection is undeniable. Manuscript profile
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  12 - The moral principles of the Prophet (PBUH) in wars based on the history of the Prophet (PBUH) and the Qur'an
  mahdi abedi Mohamadreza Hosseni Mohammad taher yaghoub
  Ethics and moral principles are one of the important aspects of Islam and are of great importance. Therefore, in the Holy Qur'an, one of the goals of the mission of the Prophet (PBUH) is to educate and teach wisdom, and since the Prophet (PBUH) was in charge of the sove More

  Ethics and moral principles are one of the important aspects of Islam and are of great importance. Therefore, in the Holy Qur'an, one of the goals of the mission of the Prophet (PBUH) is to educate and teach wisdom, and since the Prophet (PBUH) was in charge of the sovereignty of the Islamic religion, he behaved ethically and adhered to moral principles at various times. Among the scenes in which the Prophet was placed were times of war when they tried to observe moral principles What is considered in this article is what kind of behavior the Prophet (pbuh) had when he was in different scenes of war, and in fact, this issue is examined through the Qur'an and the historical biography of the Prophet (pbuh). What is obtained from this research is that, contrary to the opinion of the Orientalists who interpreted the Prophet's campaigns based on violence and gaining booty, the Prophet adhered to moral principles in his wars and tried his best to perform moral actions such as They should teach Muslims compassion and kindness, keeping promises, patience and perseverance, etc. Manuscript profile
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  13 - Functions of the principle of dignity in criminal policies in the light of religious teachings
  mohammad mirzaei Fatemeh  Azimi
  Since human dignity is considered as a right or a set of inalienable and transferable rights, which has many potentials and fields of development and legislation in rule-making or compiling basic principles in the field of management and it is crime control or criminal More

  Since human dignity is considered as a right or a set of inalienable and transferable rights, which has many potentials and fields of development and legislation in rule-making or compiling basic principles in the field of management and it is crime control or criminal policy, so it is considered to be able to play a constructive and effective role in the field of macro and strategic criminal policies in an extra-legal way. In the religious teachings of Islam, human dignity is not based on a contractual and creditable matter, but on the basis of an ontological, ethical and original matter, which originates from the essence of human creation and a subject of development based on divine decrees and in the legislative dimension. It is justified. Now the question is, with all these capacities, how can this issue be given a practical aspect in a religious government, in the context of criminal policies and in the field of crime management and control? In other words, what is the place and functions of dignity-orientation in criminal and criminal policies? In other words, what is the place and functions of dignity-orientation in criminal and criminal policies? The findings of this article, prepared with descriptive and analytical methods, state that the preservation of human dignity, which has a moral origin on the one hand, and is also the creator of many moral works, has the ability to be the most important pillar of criminal policies. To be known in the general sense and criminal policies in the special sense. Since this principle is the justification factor and existential basis for many criminal and moral institutions and mechanisms in the criminal justice system, such as the principle of equality, proportionality, amnesty, acquittal, equality of arms, caution, and so on, with redefinition The function of the rule of dignity, which this article examines, can change the macro and strategic policies of penal and criminal. Manuscript profile