Legal

Open Access Article

1 - The Effect of the marriage of Iranian women with foreigners from a jurisprudential and ethical perspective

A Survey on the Effect of the Iranian Woman Marriage to Foreigners Ali Alebouheh* Department of religious jurisprudence; Zahedan Branch, Islamic Azad University; Zahedan. Parviz Moradgholi Department of religious jurisprudence; Zahedan Branch, Islamic Azad Universit More

A Survey on the Effect of the Iranian Woman Marriage to Foreigners Ali Alebouheh* Department of religious jurisprudence; Zahedan Branch, Islamic Azad University; Zahedan. Parviz Moradgholi Department of religious jurisprudence; Zahedan Branch, Islamic Azad University; Zahedan. The subject of Iranian woman’s marriage to foreigners is considered a serious issue as it has coincided with the arrival of Afghan and Iraqi neighbors to our country. This issue has caused serious problems to Iran. In addition to political and social problems caused by such marriage, it has also a significant effect on their family situation. In the current legal system of Iran, the differences between the citizenship of a husband because of his women are enacted barriers by the legislatures in Article 1060 of the Civil Code; however, the citizenship of a husband lacks any precedent in legal records. In this paper, the concept of marriage and citizenship, arrangements and legal terms relating to the restrictions of marriage of Iranian women to foreigners and its consequences has been investigated. It was suggested that appropriate education about marriage through social media should be given to women. This issue also should be considered serious in the regulations Manuscript profile

Open Access Article

2 - Investigating the Mutual Ethical Monitoring of the State and the Nation in the Legal System of Iran and Islam
reza nik khah sarnaghi Mohammad Reza Yazdan Yar

Humanity has always sought to create a desirable human society, in accordance with its supreme ideals and desires. In such a society, it is necessary to consider the requirements based on the legal principles, social relations based on the social contract. From this per More

Humanity has always sought to create a desirable human society, in accordance with its supreme ideals and desires. In such a society, it is necessary to consider the requirements based on the legal principles, social relations based on the social contract. From this perspective, the pursuit of the rule of law can be regarded as a prerequisite for such a society. In the light of the rule of law, individual will always enters into the decision-making system and becomes a public demand or collective will, conflicting tendencies with public opinion are a disruptive symbol of collective identity and the material and spiritual assets of people in society. Serving the perfections of individuals and society, and the political and social structures derived from the people of the nation, set these common will and aspirations the main indicator of the direction of the political system, and pursue it, the rule of law, itself, not only the common identity Identifies members of the community, but also the mutual responsibility of sovereignty and government Kidd is the responsibility of each person to other people and in the light of the right to enjoy social welfare, prosperity, welfare and social security concept is eligible. Any kind of social or political setup needs control or oversight, the methods of monitoring and controlling it in terms of supervisory status and the mode of control predicted. In this paper, we have tried to apply the four types of quasi-predicted principles Eight of the constitution of the Islamic Republic of Iran and discuss the assignments of its audience in the areas of such supervision. Manuscript profile

Open Access Article

3 - Ethical and Behavioral Standards: Legal Reading and Their Social Effects
Mohammad Reza Vijeh Azad Rezaei

Ethical and behavioral standards (professional standards) are based on several principles, values and ethical standards related to occupations that ethical standards like ethical and value declarations determine ethical virtues and behavioral standards set them to guide More

Ethical and behavioral standards (professional standards) are based on several principles, values and ethical standards related to occupations that ethical standards like ethical and value declarations determine ethical virtues and behavioral standards set them to guide the members of minor areas. On the other hand, in particular, our country faces a range of problems and challenges such as the water crisis, the environmental crisis, the crisis of public trust and other social crises which in many cases may threat the integrity of the country. It is believed that such problems are derived from inattention of moral values, preference of personal and group interests to public interest and corruption in general and etc,. Our assumption is that the adoption of professional standards in every kind and in particular, legal perceptions of them will lead to the rule of ethical values at the levels of occupation at first and then, lead to ethical excellence of a large part of society. In the meantime, we found through descriptive-analytical study that ethical excellence, fight against corruption and the strengthening of public trust, the safeguarding of citizenship rights, the strengthening of professional solidarity, the preservation of the dignity and integrity of the minor areas, and etc., will be prove to be true as the positive effects that can overcome many of mentioned problems. Manuscript profile

Open Access Article

4 - Investigating the Position of Women's Rights in the Citizenship Bill with an Emphasis on Women's Political Rights
Arezoo Hosseinieh Ali Hajipour Kanderud

20.1001.1.23833279.1399.10.40.6.0

Citizenship Charter Reflects Government Concern Over Public Awareness on Citizenship and Proposes Respect for Human Rights. In this regard, one of the most important pillars of the civil rights charter is the issue of women's rights. The purpose of the present study is More

Citizenship Charter Reflects Government Concern Over Public Awareness on Citizenship and Proposes Respect for Human Rights. In this regard, one of the most important pillars of the civil rights charter is the issue of women's rights. The purpose of the present study is to investigate and analyze the level of attention to women's citizenship rights in the context of the Citizenship Charter. The above study shows that women's citizenship rights are accepted in the Charter of Citizenship to an acceptable extent, but there is no guarantee of proper implementation on the one hand and some practical challenges and on the other hand desirable and realistic research of women's rights in Iran with serious obstacles. Is facing Manuscript profile

Open Access Article

5 - An Analysis of the Ethical and Legal Nature of International Rules in International Commercial Arbitration
amin rostami Masoud zamani manochehr tavasoli naeini

20.1001.1.23833279.1399.10.40.8.2

International law books on arbitration have discussed, and in a brief and transient way, the nature and nature of the rules of international trade arbitration, and most of the books and articles on this subject have been published abroad. Since arbitration is one of the More

International law books on arbitration have discussed, and in a brief and transient way, the nature and nature of the rules of international trade arbitration, and most of the books and articles on this subject have been published abroad. Since arbitration is one of the most important and common ways of resolving disputes in international business litigation, this research can help to identify its substantive dimensions and thus be effective in responding to existing uncertainties. And in this research, the nature of the rules of ethics in international commercial arbitration has been examined ethically and legally. And the researcher concludes that although the rules of international commercial arbitration imply a modality of ethics, but because ethics is a matter of credit and ultimately abstraction, the rules of international law in international business arbitration cannot be ethically In the conventional sense, it is examined and made clear because the relation between ethics and interest in international relations is of the contradiction. And these rules should be seen as a purely legal tool, derived from the rules of public order whose ethics are one of the constituent elements of its legal approach Manuscript profile

Open Access Article

6 - Investigating the Moral Challenges of the Right to Silence of the Accused in the Iranian Legal System
Seyed Alireza Mousavi Masoud Ghasemi Mohammad Javad Jafari

20.1001.1.23833279.1399.10.40.14.8

One of the most obvious rights of the accused, which is considered in international documents and legal systems, as well as in the Iranian legal system, is the right of the accused to remain silent at various stages of the proceedings. It has been disputed that some con More

One of the most obvious rights of the accused, which is considered in international documents and legal systems, as well as in the Iranian legal system, is the right of the accused to remain silent at various stages of the proceedings. It has been disputed that some consider the observance of the right to silence to cause delays in the trial, the escape of the accused and professional perpetrators from the grip of justice, etc. Failure to comply with the defendant's right to remain silent has provided for an executive guarantee There are obstacles and problems in the implementation of the right of silence of the accused in the various stages of the proceedings in the Iranian legal system, which should be considered as a challenge. Obstacles and Challenges It should not be overlooked. In the following study, descriptive and library methods have been used. The truth is that predicting ethical and legislative mechanisms, judicial, administrative and disciplinary to facilitate the implementation of the right to remain silent at various stages of the proceedings, recognizing solutions to address existing challenges, takes a very useful and effective step to make the criminal justice system fair. Be.. Manuscript profile

Open Access Article

7 - Ethical Evaluation and Validation of the Congressional Budget Office's Legal Responsibilities in Defining Annual Budgeting in the United States
Abbas Emami askar jalaliyan hosseen sadeghi

20.1001.1.23833279.1399.11.41.4.3

The process of US government approval is affected by the conditions, and many specialized departments in Congress, the Presidential Palace, and the Senate are examining it. This study examines the legal and ethical responsibilities of the Congressional Budget Office in More

The process of US government approval is affected by the conditions, and many specialized departments in Congress, the Presidential Palace, and the Senate are examining it. This study examines the legal and ethical responsibilities of the Congressional Budget Office in determining annual budgets in the United States. The method used in this study is descriptive-analytical and documentary approach was used for data collection. An important issue to consider with regard to the annual budget of the United States is that the Congressional Budget Office has tight control over the amount and manner of annual budget allocation so that one of the most important causes of congressional oversight of the US budget can be the ability of the Congressional Office to review. He knew the exact conditions. Although in many cases the annual budget changes in addition to imposing the opinions of experts on the office of the President and the Senate as well, the most important part of its approval is in Congress and the Budget Office plays a key role in its approval and approval. This means that regardless of the key role of the entity, the US budgeting process cannot be examined, since the primary task of determining and estimating annual budget and overseeing its proper implementation is spent in the United States. Under the 1974 Act, it is in charge of the Budget Office. Legally and ethically approved budgeting in the United States involves careful scrutiny of the budget, its performance, and its subtraction so that its budget office is legally and morally obliged to do all of its steps accurately. It should be noted, however, that its oversight role is less than that of qualified bodies in the Senate, which some scholars regard as the most important functional task of the budget office to properly and appropriately allocate funds. The appropriation is made by the Congressional Bureau to facilitate the approval process, so that it can be dealt with more quickly and with greater transparency in the final form of a joint meeting of the Senate and Congress. This illustrates the strategic role of the budget office in the process of approval, communication and oversight of the US budget. Manuscript profile

Open Access Article

8 - Refreshing the dedication of the legal person To the development of ethical institutions
kian fulladi

20.1001.1.23833279.1399.11.41.11.0

One of the neglected capacities about the concept of "legal personality" in the legal system of Iran is its application for the development of the territory of the Devotion entity. In this approach, the Benefactor, by creating a legal person, devotes to this legal exist More

One of the neglected capacities about the concept of "legal personality" in the legal system of Iran is its application for the development of the territory of the Devotion entity. In this approach, the Benefactor, by creating a legal person, devotes to this legal existence, thus giving the person a legal status in the form of the endowment of property. By devoting a legal person, it is possible that every financial item to be deposited in the property of a legal person and that devotion to be developed. In this way, the constraints that limit the scope of the devotions, such as objectivity, will be deleted, without prejudice to the definitive foundations of the concept of devotion, and as a result, by extending the scope of this legal jurisprudential institution, more arenas and individuals will have the opportunity to enjoy the Devotion. The review of the concept of personality and legal personality, as well as legal jurisprudential principles of the Devotion, provides valid credentials for accepting this approach in the legal system of Iran, which have been discussed in this paper. Manuscript profile

Open Access Article

9 - Investigation of Environmental Ethics and Legal in Oil Contracts
مسعود طاهری Masoud alborzivarki Abdollah Kiai

20.1001.1.23833279.1399.11.42.7.8

The deterioration and detrimental consequences of unnecessary exploitation of nature and the environment and the emergence of various pollutants, endanger human life and other creatures on Earth, and the development of comprehensive planning that damages and pollutes th More

The deterioration and detrimental consequences of unnecessary exploitation of nature and the environment and the emergence of various pollutants, endanger human life and other creatures on Earth, and the development of comprehensive planning that damages and pollutes the environment Life has led environmentalists to the theoretical foundations of human interaction with nature, including ethics. The consideration and observance of the principles of environmental ethics that are in line with the ideals of divine ethics and at the same time include economic development and prosperity are more serious than ever in explaining the theory of appropriate environmental ethics, It is one of the necessities of protection and exploitation of the environment. The environment is anything around us that affects us and we can influence them. From Islam's point of view, the most important are: justice in the environment, environmental development, environmental protection and prevention of environmental degradation and pollution, destructive effects of development plans, optimal consumption , Environmental health, the creation of a recycling system, and so on. Given the status of the oil industry in today's world, it should not be left out of control and ignored by human and environmental damage, but should seek solutions. To reduce these damages. Today, refineries emit millions of pollutants into the air, posing a serious threat to human health and the environment. In this article, while considering the ethical and legal principles of the environment, the environmental considerations in oil contracts and the position of Iranian laws and regulations are examined. Manuscript profile

Open Access Article

10 - The cassock of Meritocracy legal system, over the status of human dignity as a Ethics concept
Saeid Ghabidian ali akbar gorji Bijan Abbasi

20.1001.1.23833279.1399.11.42.10.1

Human dignity is one of the most important issues in the field of law . This issue is important because is known as the basis of many of the human rights, privileges and duties. Today, human dignity not only is recognized as an indestructible right, but also is the basi More

Human dignity is one of the most important issues in the field of law . This issue is important because is known as the basis of many of the human rights, privileges and duties. Today, human dignity not only is recognized as an indestructible right, but also is the basis of human rights. Whereas the administration of public affairs relies on legal system, specifies the roles, rights and duties, responds the needs of society, affects the fate of society and human dignity. Meritocracy as a specified concept in the management, and because of its influence on the proper administration of public affairs, via responding to human needs, predicts human abilities and has an important rule in improving the legal system. The research question of this study is whether this research is descriptive, analytical and library based whether meritocracy in the legal system leads to human dignity? It seems that meritocracy because of its influence on creation the legal system, via responding to human needs and the creation a describe public administration, leds to the improvement of public ethics and human dignity. It would be noted that this research is Descriptive and analytical method library method and the library compilation method and by reviewing and critisizing the information, to describe and interpret what should be. Manuscript profile

Open Access Article

11 - Bioethics and its relationship with cryonics from a jurisprudential- legal perspective
Fatemeh Mahdavi

20.1001.1.23833279.1400.11.43.12.9

Mankind is always in the pursuit of immortality, and medical science is one of the sciences that thinks about human health and immortality. One of the emerging issues in medicine is freezing and frostbite. By freezing the human body, this science tries to revive the hum More

Mankind is always in the pursuit of immortality, and medical science is one of the sciences that thinks about human health and immortality. One of the emerging issues in medicine is freezing and frostbite. By freezing the human body, this science tries to revive the human body after several years, and there are also centers in some countries of the world that promise to freeze the human body and bring it back to life after many years. One of the most important ways to create common standards of biomedicine is the unification of the principles of biomedicine in the framework of human rights. Assuming the role that human rights play in this global ethic of cultural pluralism, it seems like an appropriate strategy. In addition to the generally emerging standards, there is a broad consensus on the emergence of two specific issues: cell chain intervention and human cloning. This article is prepared in a descriptive-analytical method and deals with the issue of permissibility and impermissibility of this method and also, if it is permissible or not, deals with its legal jurisprudential effects and consequences. The result is that with the assumption of permission and the presumption that the frozen person is alive, the effects of death, marriage, execution of will, expiration of debts and contracts or contracts are not enforceable, and in similar circumstances such as absenteeism, including the appointment of a trustee. Those who believe in the impermissibility of the verses "prohibition of induction in death" and "sanctity of self-murder" in the tradition have argued for narrations in this field as well as for the narrations of impermissibility of self-harm as well as the rule of reason. Those who believe in the permissibility of the verse "I am the resurrected, but I am the resurrected of all people" in the Sunnah have relied on narrations such as "no harm and no harm in Islam" and also by the rule of reason. The arguments for a cryonic license are stronger than the arguments for a non-license when the conditions are met. Manuscript profile

Open Access Article

12 - Explaining the moral value view of complementary and secondary punishments
Zakiye Ebrahimzadeh Ahmad Bagheri Esmaiel Rahimi Nejad

20.1001.1.23833279.1401.13.49.15.4

Moral values are those behaviors that play a role in the development of pure human nature. It is clear that the constitution of Islam, which is derived from the revelation, has the best position to achieve this goal. Matching moral values with inappropriate human behavi More

Moral values are those behaviors that play a role in the development of pure human nature. It is clear that the constitution of Islam, which is derived from the revelation, has the best position to achieve this goal. Matching moral values with inappropriate human behaviors; That is, crime and punishment is the subject of this article, which the author tried to present the solutions for the realization of moral values in secondary and supplementary punishment by examining the goals of punishment and the principles governing punishment. The result of this article is that in Islam, according to the expedients it considers, in addition to the main punishment, supplementary and secondary punishments are considered to punish the criminal, and these punishments are subordinate to the main punishments. are considered The difference between these two types of punishment is that in supplementary punishment, the judge is free to apply them, while in secondary punishment, he has no authority and the punishment is specified in the court order. This article seeks to answer the question of what is the basis of moral values in supplementary and consequential punishments with analytical-ijtihad method and using library sources. Considering the goals of punishment in Islam and Quranic documents, Sunnah, the general evidence of punishment and the general principles governing punishment, it can be said that the realization of moral values in supplementary and secondary punishments is achieved when these general conditions such as "proportion of crime and punishment" , deterrence of punishment, compensation of loss, implementation of justice and human dignity" should be considered in the secondary and supplementary punishments. Manuscript profile

Open Access Article

13 - The position of ethics in jurisprudential issues: a case study of Khums traditions
somayeh kalhor mahdi mehrizitoroghi mojgan sarshar

Ethics, in addition to creating culture and creating identity for the society and the individual, provides the basis for the implementation of religious and legal duties, including acts of worship, transactions, rulings, civil and social laws. Since jurisprudence and mo More

Ethics, in addition to creating culture and creating identity for the society and the individual, provides the basis for the implementation of religious and legal duties, including acts of worship, transactions, rulings, civil and social laws. Since jurisprudence and moral issues are not discussed separately in the Qur'an, it is therefore necessary to search for the relationship between the two in the hadiths; Therefore, the main issue of this article is to pay attention to the ethical points raised in the traditions of Khums. The research method in this article is descriptive-analytical. The place of morality in the traditions related to Khums is discussed in two general areas. One is the position of moral propositions in the principle of Khums legislation, and the other is the position of moral propositions in the reason for the legislation of some Khums rulings. For example, the discussion of justice and fairness is one of the moral propositions that are the basis of the legalization of Khums jurisprudence in the field of forgiveness or the manner and time of Khums payment. Negligence is one of the moral propositions that was the basis of the legislation of some Khums rules. Respecting and preserving the dignity and status of leaders is also among the moral principles that have become the basis of Khums legislation. Regarding the reason for the legalization of some jurisprudential rules of Khums, moral propositions have been considered as Shariah. Forgiveness of Khums is one of the issues raised by Ahl al-Bayt (AS) in hadiths; In these hadiths, the reason for legislating such a ruling is the purity of the birth of the Shiites. Among the other reasons for the law of Khums is cleansing from sins and preventing avarice. Manuscript profile

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