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    • List of Articles حکم

      • Open Access Article

        1 - Excellences and Its connection with oneself power from the perspective of Meskoye
         
        Meskoye under the influence of Greece intellectual at first dived excellences in four category (wisdom, virtue, bravery, fairness), and mention them as main excellence. He believes that wisdom is excellence of speech power and by that human understanding God's affairs, More
        Meskoye under the influence of Greece intellectual at first dived excellences in four category (wisdom, virtue, bravery, fairness), and mention them as main excellence. He believes that wisdom is excellence of speech power and by that human understanding God's affairs, and virtue is excellence of sensual power and if human gain this excellence, he will get authority of this power and uses his sensual wishes in a right thought and opinion and will released from enslavement of carnalities. By Meskoye perspective bravery, is excellence of anger power of human oneself, and if this power be under the power of rational power he will gain bravery Excellence and avoiding any fear by doing frightening and macabre affairs. The last main excellence from the perspective of Meskoye is fairness. He reminding that human will gain this excellence if he gained those three previous excellence. Overall both anger and sensual power is obedience of speech power. With a little contemplation in what Saied we will understand that there is a very strong and firm connection between main excellence and oneself power. Wisdom from speech power, virtue and bravery will created from compatibility between these three power Manuscript profile
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        2 - 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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        3 - Concept of Salaam (peace) and Peaceful Cooperation in Mulla Hadi Sabzevari’s View Compared to that of Rumi and Hafez
        Mohammad Javad  Sami Mohammad Yousef  Nayeri
        Serenity in the behavior and speech of Hakim Sobzavari is a product of his peaceful thought. The current paper aims at illustrating the effect of the peacefulness and symbiosis of the speaker's behavior. This issue comes from Hakim friendship with Rumi and Hafez. This m More
        Serenity in the behavior and speech of Hakim Sobzavari is a product of his peaceful thought. The current paper aims at illustrating the effect of the peacefulness and symbiosis of the speaker's behavior. This issue comes from Hakim friendship with Rumi and Hafez. This moral and mystical position may not be achieved unless for the experience of various disasters such as diseases, famine, civil war, Bob insurrection, Tbilisi Wars and catastrophic wars of Kerman, the ten-year war with Russia separating the lands of northwest Iran from the country. In this age Sabzevari's wisdom prevails the Qajar era and rationalism dominates militant thoughts. In Hakim view, the fragrance of peace and friendship is a substitute for war and conflict. The argument is that why wise men, poets and mystics are more peaceful than others. This concept is doubled in Hakim thought influenced by Mulla Sadra's transcendent wisdom as well as the poetry of Rumi and Hafez. This paper studies the cooperation of mystics and people using library sources. This move occurs when Hakim Sabzevari wields rationalism in the pursuit of philosophy and adheres to decent ethical behaviors in a time when people of the both conflicting parties seek refuge at Salar Al-dole home. Manuscript profile
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        4 - The Place of Practical Wisdom with Emphasis on Ethics in Avicenna's Philosophy
        mohammadreza asadi  
        Following philosophers preceding him, Avicenna divided wisdom into theoretical and practical categories and recognized the latter as being a sibling of philosophy. He considered its end to be man's perfection and happiness both in the world and in the hereafter. In expl More
        Following philosophers preceding him, Avicenna divided wisdom into theoretical and practical categories and recognized the latter as being a sibling of philosophy. He considered its end to be man's perfection and happiness both in the world and in the hereafter. In explaining theoretical and practical ration, Avicenna considered theoretical ration to be the means of perceiving generalities – no matter generalities which exist or those supposed to have to exist – and practical ration to be at the service of the former and the means of perceiving details pertaining to acts and motives. Therefore, practical wisdom – defined as the knowledge of general truths relating to man's deeds – is derived from theoretical ration, the sources of which are axioms, rumors and reliable experiences and can therefore be verified or denied. Avicenna has addressed practical wisdom in some brief treatises which are not considerable in comparison to his works on theoretical wisdom. However, given these brief discussions beside the sources he explained for practical wisdom, it is fair to say that Avicennan wisdom has something to say in practical wisdom, especially on ethics. Manuscript profile
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        5 - Investigating the place of moral values in alimony and the feasibility of abolition of alimony in Iranian jurisprudence and law with a comparative study of American law
        Fakhr Afagh  Hamidi Seyed Ahmad Ali  Hashemi Hossein Naseri Moghaddam
        The wife's right to alimony in Islam and civil law, following Imami jurisprudence, is one of the inalienable rights of a permanent wife that a man is required to pay. Regarding the place of moral values in alimony, we came to the conclusion that the reason for the oblig More
        The wife's right to alimony in Islam and civil law, following Imami jurisprudence, is one of the inalienable rights of a permanent wife that a man is required to pay. Regarding the place of moral values in alimony, we came to the conclusion that the reason for the obligation of men to pay alimony in Islamic law, given the different characteristics of men and women and the ability of each, is this obligation for men and not women and a moral value is the basis. It was a verdict. Regarding the necessity of the right to alimony, while examining the famous and unfamiliar opinions of the jurists, the lack of specification of the legislator and the unanimous decision of the Supreme Court, we came to the conclusion that as soon as the marriage is concluded, the wife is entitled to alimony and Muscat will not . Regarding the possibility of abrogation of alimony by the wife before concluding the marriage and its obligation, abrogation of this right from a legal point of view will be a valid and ineffective case; However, it seems that abortion after marriage is partially acceptable by the wife and does not interfere with the validity of the marriage and the legislative interests. In American law, although the issue of revocation of rights is not the same as in our law, alimony is a reciprocal obligation of the couple that not only does not expire during the cohabitation, but can also continue for each couple after the divorce. Unless the spouses agree or do not demand from each other, in such a case, according to the rule of the principle of will and the absence of the legislator in the personal relations of the spouses (except in cases of disagreement) the agreements of the parties will be valid. A comparative study of the differences in the field of alimony found positive cases in the American legal system and suggestions were made to amend the laws. Manuscript profile
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        6 - Optimal model of governance in the light of an independent judiciary
        Hossein  Abdi Vali  Rostami
        Judicial independence is one of the tools to ensure impartiality in judicial proceedings. Therefore, the judiciary needs to maintain its impartiality in judicial proceedings. This neutrality and independence is provided by several tools, including independence. Judiciar More
        Judicial independence is one of the tools to ensure impartiality in judicial proceedings. Therefore, the judiciary needs to maintain its impartiality in judicial proceedings. This neutrality and independence is provided by several tools, including independence. Judiciary finance and independence in determining jurisdiction. Each of these elements helps the judiciary to act as an independent pillar and away from different orientations. To examine the independence of the judiciary, a brief statement is made about the separation of powers in the West and Iran, then the elements of independence. The judiciary is mentioned. Governance is a process that solves the problems and dilemmas of society through collective effort and reliance on public power and its use. Whenever such a concept of governance emphasizes the quality and performance of its tasks, the concept of good urban governance is introduced. Good urban governance is a set of individuals, institutions, public and private sectors that plan and manage the affairs of the city and are inextricably linked to the welfare of citizens. Manuscript profile
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        7 - An Introduction to the Empowerment of the Judiciary in Citizen Participation in the Light of the Revival of Public Rights
        Hossein  Abdi Vali  Rostami
        "City" is the main context of the current and future developments and challenges of the country, which can be observed and predicted in relation to the government institution with market and society institutions. Continuation of current challenges, weakening the areas More
        "City" is the main context of the current and future developments and challenges of the country, which can be observed and predicted in relation to the government institution with market and society institutions. Continuation of current challenges, weakening the areas of citizen participation and preventing future challenges, in addition to other tools, requires citizen participation. the condition living conditions in the city is the participation of citizens in the management of the city and its end is to guarantee the rights of citizens and regulate their role in the city. Research considers the participation component to be an important priority for city management. The judiciary, is compatible with the rights of citizens and the groundwork for their participation in the administration of cities, and is one of the requirements for good urban governance. This article deals with a legal issue, descriptively-analytically and meta-analytically, to analyze and pathology the possibility of fulfilling the mission subject to paragraph (2) of Article 156 of the Constitution (revival of public rights) in order to ensure citizens' rights Their trust in the institution of power and the basis for their participation in the administration of cities based on the index, the way of development and evolution of the judiciary of the Islamic Republic of Iran in the tradition of public law of contemporary Iran, and concludes that the fulfillment of this mission Based on the above index and in the existing governance paradigm, desire to refuse and in order to create the conditions for the possibility of reviving public rights , we need to renew the discourse and "change the paradigm". Manuscript profile
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        8 - The basics of justice in theoretical and practical wisdom based on Islamic sources
        Amir Hosain Imani Moghaddam Mahdi  Imani Moghaddam abbas khademian
        The purpose of the present research was to prove justice in the creative will and, accordingly, in the legislative will of God. This basic and theoretical research was done by analyzing data from the Holy Quran and Shia hadith sources. By analyzing the data, it was conc More
        The purpose of the present research was to prove justice in the creative will and, accordingly, in the legislative will of God. This basic and theoretical research was done by analyzing data from the Holy Quran and Shia hadith sources. By analyzing the data, it was concluded that whether by rational method or by following the narration, the foundation of theoretical wisdom is based on the understanding of divine justice in development and based on the acceptance of this principle that values and prescriptions return to beings and non-beings. Therefore, the foundation of practical wisdom is based on theoretical wisdom. Therefore, the understanding of how divine justice flows in legislation is based on the understanding of moderation, both in the world of names and the levels of human worlds. On this basis and due to the correspondence of the perfect human being with the universe, a human being who is obliged to guide and lead others should be under the control of reason in perfect moderation of the powers of imagination and illusion and even senses, and no matter how successful he is in this matter. It can extend moderation to families, clans, and civilizations. As a result, the condition of any social reform act will be to accept the necessity of creating a reasonable moderation in youth and youth forces, as the creator of creation has manifested this moderation in his creation verses. Manuscript profile
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        9 - Pleasure and ethics
        alireza alebouyeh ali reza  SHeikh
        Undoubtedly, hedonism can completely encompass human life and give it a hedonistic meaning and concept. This issue has caused the question to be raised, to what extent is hedonism morally correct? And in the field of theory, what relation can it have with ethics? Can he More
        Undoubtedly, hedonism can completely encompass human life and give it a hedonistic meaning and concept. This issue has caused the question to be raised, to what extent is hedonism morally correct? And in the field of theory, what relation can it have with ethics? Can hedonism be justified and moral? The research method in this article is descriptive-analytical. The findings of the research indicate that the relationship between ethics and hedonism is drawn from the way of examining the idealism of pleasure and the nature of hedonism . Despite the fact that a group of moral philosophers have gone so far as to consider pleasure as an intrinsic good and consider the criterion of moral value and moral judgment to be dependent on it and have organized hedonistic ethics; But pleasure cannot be an intrinsic good and the criterion of moral value, and hedonistic actions can be considered moral only in some cases. According to Islamic teachings, Although pleasure is not an evil thing and the pleasures of the afterlife are real and original; However, it is not the ultimate purpose. Manuscript profile