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Issue Info: 
  • Year: 

    2024
  • Volume: 

    6
  • Issue: 

    1
  • Pages: 

    33-42
Measures: 
  • Citations: 

    0
  • Views: 

    42
  • Downloads: 

    0
Abstract: 

Introduction: Arbitration has a contractual nature AND is subject to the sovereignty of the will of the parties, but in some cases, the legislator imposed the referral of claims to arbitration on the will of the parties AND caused the contractual nature of the arbitration clause to disappear or be limited. By doing this, he has placed the arbitration outside the will of the parties. This issue causes some moral conflicts in the discussion of compulsory arbitration. Therefore, this research has been done with the purpose of examining the position of compulsory arbitration in Iran's legal system AND the ethical challenges in it with a descriptive-analytical approach. Material AND Methods: The research was a review method, in order to achieve the goal of the research, in addition to electronic education books AND virtual education in this field, articles related to the research keywords from 2004 to 2022 from the databases of Civilica, Magiran, Sid, Researchgate, Science direct, was reviewed Conclusion: Based on the findings of the research, it can be concluded that compulsory arbitration in Iran has ethical challenges in the field of implementation AND interpretation, the most important of which is the issue of the RIGHT to action AND judicial justice. In the context of ambiguities in mANDatory arbitration, even if the method of arbitration becomes ambiguous, the arbitrator has the duty to find out the will of the legislator with the principles AND rules of interpretation, which creates a moral conflict for the arbitrator.

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Issue Info: 
  • Year: 

    2023
  • Volume: 

    11
  • Issue: 

    2
  • Pages: 

    153-173
Measures: 
  • Citations: 

    0
  • Views: 

    161
  • Downloads: 

    13
Abstract: 

ABSTRACT RIGHT to the city is one of the most important citizenship RIGHTs that can be reduced for women under different circumstances. In this mixed research, with in-depth AND semi-structured interviews, a conceptual model has been presented to explain the causal, contextual AND interventional conditions effectively reducing women's RIGHT to the city. Then, with the structural equation modeling, the causal conditions affecting the RIGHT to the city have been investigated. Family, ethnicity, AND physical AND mental conditions were the most important background conditions that 32 women living in Ahvaz pointed to in order to influence the RIGHT to the city. Also, the participants considered politics AND government institutions, law, AND spatial policies as the most important intervention in the women's RIGHT to the city. City security, favorable actions with the city space, space-positive gender performance, AND social welfare were among the most important causal conditions that the participants mentioned in increasing women's RIGHT to the city. Causal modeling showed that the most influential reason for reducing women's RIGHT to the city of Ahvaz is urban space security, followed by urban policies AND designs. By multiplying the causal path, it is 0.84, followed by urban planning AND design with a coefficient of 0.79. Governmental AND executive institutions should pay more attention to women's RIGHT to the city through the establishment of better laws, the design of suitable spaces with INDIVIDUAL differences, especially gender, AND, of course, with an emphasis on women. The creation of safer places in the city for women while increasing the livability of the city for citizens improves women's RIGHTs in urban spaces Extended abstract Introduction The RIGHT to the city is a universal RIGHT consisting of several instances. Since the RIGHT to the city enables the city inhabitants to access AND enjoy the urban life benefits freely, it is tantamount to the RIGHT to freedom. The RIGHT to the city, the RIGHT to freedom of building AND rebuilding cities, is one of the most valuable AND, at the same time, the most neglected human RIGHTs. Among governments, NGOs (Non-Governmental Organizations) AND political activists in all scales, the RIGHT to the city is often conceived in a legal meaning. In this sense, the RIGHT to city includes a set of distinct RIGHTs to urban resources AND services, shelter, public space, clean water, AND education that must be available to all, regardless of social or economic status, the bearers of such RIGHTs are urban dwellers AND their guarantor is the government. This legal conception of the RIGHT to the city emphasizes universal AND INDIVIDUAL RIGHTs in the global liberal institutional order. The ultimate normative purpose of a legal RIGHT to the city is that the government legally encodes AND enforces the set of RIGHTs constituting the RIGHT to the city. Justice AND equality have been considered since long ago; however, injustice AND discrimination are still visible in cities. Among all kinds of injustices AND discrimination, gender equality has been a subject marginalized in all ages. In Iran, the need for urban spaces for women in accordance with the civil needs of citizens in daily life is felt. In Iran, factors such as various types of urban violence AND insecurity, which generally make women victims, have reduced the possibility AND desire for their presence AND participation in public. Because the spatial, temporal, official AND unofficial divisions in the city have caused some spaces to remain far from the reach of women. In this research, we intend to deal with the most important factors that cause women not to enjoy one of their most essential human RIGHTs, which is the RIGHT to the city.   Methodology This research, which is practical in terms of purpose, has been done with a confirmatory mixed method; first, it tried to present the most important contextual, interventional, AND causal factors effective in reducing the RIGHT to the city of women in the form of a conceptual model by the approach of grounded theory, AND then confirming the defined causal structure with the help of structural equations modeling. The population in this research is Iranian women who are exposed to gender injustice AND do not have the RIGHT to a desirable city. Research participants have a deep experience of undermining their RIGHT to the city AND are interested in sharing it AND cooperating with the researcher. Sampling was purposefully selected from women with the least amount of the RIGHT to the city. The qualitative sample of the research was 32 people, AND the quantitative sample was 420 people. Due to the mixed nature of the research AND the use of the data-driven theory approach AND, afterwards, structural equations to collect the data, the interview was used in the qualitative phase AND questionnaires in the quantitative phase. The interviews were done in-depth, face-to-face AND semi-structured. The open-ended interview questions were conducted in a calm environment without the presence of a third person, AND the time of the interviews varied according to the conditions of the interviewee. The questionnaire used in the research has ascertained an instrument that evaluates the contextual AND causal components AND factors related to the RIGHT to the city in the form of self-declaration items. The data obtained from the interview, after being implemented in the form of text, were analyzed AND classified with the help of directed content analysis. In order to investigate the causal structure of the RIGHT to the city, structural equation modeling would have been helpful. Analyzes were performed with the help of LISREL 8.8. To estimate the causal path coefficients, the iterated maximum likelihood method was used AND the overall fit of the causal structure model of women’s RIGHT to the city was carried out by Chi-square statistic. AND, of course, the most important fit indexes of the model, such as absolute fit indexes, incremental fit indexes AND Parsimonious Normed Fit Indexes (PNFI).   Results AND discussion Directed content analysis helped us to identify the factors reducing the RIGHT to the city AND its subclasses of Iranian women. Conditions affecting women's RIGHT to the city are divided into underlying conditions, causal conditions, AND intervening conditions. The most critical underlying conditions were family, age, ethnicity, AND physical AND mental characteristics. At the same time, environment security, urban actions, social welfare, AND space gender functions constituted the essential intervening conditions, AND politics, governmental institutions, law, AND city spatial policies included the most important intervening conditions. Causal modeling also showed that the factors influencing women's RIGHT to the city are the most influential to the least influential in the form of (1) security of the city environment, (2) urban policy-making, (3) gender function of space, AND (4) interaction with the city. Security is one of the most important AND influential factors that can decrease or increase the RIGHT to the city for women.   Conclusion The RIGHT to the city, which is considered one of the most fundamental RIGHTs of citizens, is trampled or reaches its lowest level due to underlying reasons such as the gender of INDIVIDUALs or their families. In this case, women are more vulnerable than the men. In such a way, causal conditions such as environmental security or urban actions AND, of course, welfare have made this gender difference in the use of city space deeper AND more complicated. Meanwhile, the role of governments AND sovereignty in legislation AND policies should not be neglected to reduce the RIGHT to city for women. Our explicit suggestion is for governmental institutions AND executive agencies to pay more attention to women’s RIGHT to the city through the establishment of better laws, the design of more suitable spaces in the city, the design of urban spaces away from any gender discrimination only with the view of equal access for all AND the creation of safer places for the women living in Ahvaz.   Funding There is no funding support.   Authors’ Contribution All of the authors approved the content of the manuscript AND agreed on all aspects of the work.   Conflict of Interest Authors declared no conflict of interest.   Acknowledgments We are grateful to all the scientific.

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Issue Info: 
  • Year: 

    2015
  • Volume: 

    17
  • Issue: 

    66
  • Pages: 

    195-247
Measures: 
  • Citations: 

    0
  • Views: 

    1323
  • Downloads: 

    0
Abstract: 

One of the Human RIGHTs which are paid attention to it now is the reproductive RIGHT. Considering to this RIGHT is more wide spreading by introducing new reproductive technology AND new means of contraception. To understAND the view of ISLAM about this issue we consider quality of legislation in the issue of this RIGHT AND the way of legislator’s demonstration. Our method in this paper is the last way AND by reviewing Quran to prove that reproduction is one of RIGHTs of couples in ISLAM. In this paper, we use the documentary AND descriptive- analytical method. In conclusion, by the only one of Quran’s verse is proved the reproductive RIGHT in ISLAM not God’s judgments. In Our view it is better to say the human reproduction in one aspect is a RIGHT, also it can be God’s judgments in some condition. In replying we can say in performance of RIGHTs we must consider the divine orders. In addition, In Family system, discoursing only about RIGHTs is not useful, so the divine legislator in this area prefer obligations then RIGHTs to guide the small cell in society.

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Issue Info: 
  • Year: 

    2012
  • Volume: 

    2
  • Issue: 

    2
  • Pages: 

    1-22
Measures: 
  • Citations: 

    0
  • Views: 

    2151
  • Downloads: 

    0
Abstract: 

Among the most important subjects of the human RIGHTs is the RIGHT to life which is emphasized in religions AND the contemporary international declarations AND documents. The RIGHT to life is also parts of the basic natural AND legal RIGHTs which are supposed to be defended by law AND protected by the necessary instruments of security. In various religions, as well as in ISLAM, the RIGHT to life is regarded as a gift from God for all men AND women. While condemning the killings of females, ISLAM regards men AND women of the same life source AND considers any kind of killing as crime against humanity.In modern times, some legal systems, like the Western view of universal human RIGHTs, human dignity is regarded as a manifestation of the basic RIGHT to life in which value concerns are left unspoken. In doing so the human life is treated in its material dimension hence leaving out the spiritual dimension.In this paper, after reviewing the documents on the RIGHT to life in the Western sources, rihgts to the life in ISLAM will be presented also. In it the woman’s RIGHT to life from the point of view of ISLAM AND the view presented in international documents will be set forth AND compared.

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Issue Info: 
  • Year: 

    2024
  • Volume: 

    6
  • Issue: 

    1 (11)
  • Pages: 

    7-32
Measures: 
  • Citations: 

    0
  • Views: 

    21
  • Downloads: 

    0
Abstract: 

This article with the title "Basics AND limits of the RIGHT to obtain news in ISLAM" refers to the rational-narrative foundations of people's RIGHT to obtain news AND access to government information AND current events around them.In ISLAM, obtaining news is recognized as a RIGHT for people, AND of course, in terms of the limits of freedom of speech, it is not necessarily subject to human schools. The ISLAMic State is obliged to give news AND information to its main owners, who are the people, AND to acquaint the people with this RIGHT.Obtaining news contributes to the health of the community, the implementation of what is good AND forbids what is bad, AND the progress AND prosperity of the ISLAMic society, AND the ISLAMic government has the duty to recognize this RIGHT for citizens AND remove the existing obstacles to enjoy this RIGHT.In the first part of this article, the evidence of enjoining good AND forbidding evil AND the evidence of the council to prove this RIGHT are mentioned, AND then in the second part, its limitations have been examined AND analyzed.Of course, it is natural that people are not completely free to exercise their RIGHT - just as there is no absolute freedom - but the exercise of this RIGHT is limited by the prohibition of false news AND non-useful news.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Issue Info: 
  • Year: 

    2016
  • Volume: 

    3
  • Issue: 

    1
  • Pages: 

    67-90
Measures: 
  • Citations: 

    0
  • Views: 

    4122
  • Downloads: 

    0
Abstract: 

One of the basic principles of contemporary international law is the principle of self-determination on the basis of witch all persons AND states can administrate AND lead their own affairs in different fields of political, economic AND social. Today, the conceptual scopes of this RIGHT has developed AND strengthened regarding to issues such as democracy, human RIGHTs AND violation AND aggression to it propose the international responsibility of states. One of the questions in ISLAMic law is that whether the RIGHT to self-determination, is recognized for human beings or that his fate is predetermined. Article 56 of the constitution of ISLAMic republic of Iran in this respect provides that: “Absolute sovereignty over the world AND man belongs to God, AND it is He Who has made man master of his own social destiny. No one can deprive man of this divine RIGHT, nor subordinate it to the vested interests of a particular INDIVIDUAL or group. This principle suggests that according to ISLAM, sovereignty belongs to God, but "the rule of man" AND his RIGHT to determine its fate may provide grounds for the ISLAMic sovereignty. So, ISLAM with its special method recognizes this principle.

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Issue Info: 
  • Year: 

    2023
  • Volume: 

    13
  • Issue: 

    3
  • Pages: 

    47-65
Measures: 
  • Citations: 

    0
  • Views: 

    163
  • Downloads: 

    14
Abstract: 

A B S T R A C TThe RIGHT to the city in urban development goes beyond the physical form AND, at the same time, has a mental AND social meaning, which has been popularized in planning theory AND urban studies after its proposal by Lefebvre. This theory focuses on the residents AND the distinctive features of the space AND believes that the RIGHT to the city can only be formulated as the RIGHT to the evolved AND renewed urban life. Based on descriptive-explanatory purpose, this research seeks to spatially analyze the components of RIGHT to the city in BANDar Abbas. Therefore, after collecting 77 subjective AND objective measures around the research components, the multi-criteria decision-making technique of COPRAS has been exploited to integrate the data in the ArcMap Tools. The findings show that in the current state of urban development in BANDar Abbas, the RIGHT to the city in all its aspects, the RIGHT to ownership, the RIGHT to participation AND the RIGHT to difference for the residents have been weakened AND ignored. A share of up to 20.7% of the city space, which is mainly directed to the wealthy neighborhoods AND parts of the central areas of the city, as well as parts of new developments, the RIGHT to the city has been more manifested, AND in about 19.8% of the city spaces. Mainly applicable to informal settlements AND slums of the city, this RIGHT has been undermined AND ignoredExtended AbstractIntroductionThe RIGHT to the city as a physical, mental AND social concept seeks a fundamental change in dealing with urban planning AND development issues, which has been popularized in planning theory AND urban studies after its proposal by Lefebvre. This theory focuses on the residents AND the distinctive features of the space AND believes that the RIGHT to the city can only be formulated as the RIGHT to the evolved AND renewed urban life. In other words, this theory is a call for the priority of the consumption value of the city against its exchange value, which can only be pursued through the analysis of urban issues in the framework of the "city space" metaphor in the RIGHT to the city. It is a fundamental change in the city to create opportunities AND space for citizens to meet AND achieve their needs. MethodologyFrom a descriptive-explanatory purpose, this research seeks to spatially analyze the explanatory components of urban development in BANDar Abbas from the perspective of the RIGHT to the city. In this research, by collecting 77 subjective AND objective measures, the COPRAS multi-criteria decision-making technique has been used to integrate data in the ArcMap environment. Citizens are the source of mental data, official documents AND maps are the objective data, AND experts are the relative weight of the criteria. It should be mentioned that to guarantee the validity of the content based on the guidance of supervisors AND advisors, the collective opinion of university experts AND the use of similar studies were exerted. The reliability of the questionnaire was also tested by Cronbach's alpha method, AND the value of the alpha coefficient (0.866) indicates the high reliability of the questionnaire. Results AND discussionThe findings show that in the current state of urban development in BANDar Abbas, the RIGHT to the city in all its aspects, including the RIGHT to possession, the RIGHT to participation, AND the RIGHT to difference for the residents, has been weakened AND ignored. A review of the findings shows that the social function of the city's real estate AND lAND, with a coefficient of 0.136, followed by environmental justice, with a coefficient of 0.131, has the greatest impact on the urban development of BANDar Abbas. On the other hAND, socio-spatial justice in the process of taking over space, with a coefficient of 0.106, shows the lowest level of influence in the development of BANDar Abbas compared to other components of the RIGHT to the city. The results show that about 20% of the area of BANDar Abbas city is in a very unfavorable situation compared to the components of urban development based on the RIGHT to the city approach. These areas of the city are spaces where the residents' RIGHT to the city has been severely denied, AND they are deprived of taking over the city space.In this regard, the results show that 20.7% of the city's space, mainly focused on wealthy neighborhoods, parts of the city's central areas, AND parts of Mehr's housing, has the RIGHT to a greater manifestation of the city. The city's space is more in line with its residents. As shown in the spatial distribution of the urban development components of BANDar Abbas based on the RIGHT to the city approach, the possession of space through the RIGHT to presence, the accessibility of residents to the opportunities AND resources of the city, as well as the fair distribution of facilities AND services play a decisive role in urban development. However, as the results show, it is the difference that gives meaning to the urban space, AND therefore the space must provide the conditions for the city to play a role in meeting the needs of all city groups. The requirement of this role is the central position of the residents in making decisions about the city space, which is a unique way to realize the RIGHT to the city. ConclusionAs Brenner states, the RIGHT to the city is a call to create "cities for people, not for profit." In this definition, urban development is more than a physical thing AND has a mental AND social dimension at the same time. In terms of the RIGHT to the city, the RIGHT to possession, the RIGHT to participation, AND the RIGHT to difference form the trinity of urban development AND the guiding light of these three principles that determine the quality of a different city. Unfortunately, urban development in BANDar Abbas has weakened AND denied residents' RIGHTs. The zoning resulting from the spatial analysis shows that about 19.8% of the city's spaces, which mainly correspond to informal settlements AND poor neighborhoods, this RIGHT has been weakened AND ignored. From the theoretical aspect of the RIGHT to the city, this event originates from the space as an economic AND physical thing exchanged in the market, not a consumption thing formed by the citizens AND in social interaction with the space. FundingThere is no funding support. Authors’ ContributionAuthors contributed equally to the conceptualization AND writing of the article. All of the authors approved thecontent of the manuscript AND agreed on all aspects of the work declaration of competing interest none. Conflict of InterestAuthors declared no conflict of interest. Acknowledgments We are grateful to all the scientific consultants of this paper.

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Journal: 

Issue Info: 
  • Year: 

    2021
  • Volume: 

    1
  • Issue: 

    3
  • Pages: 

    57-69
Measures: 
  • Citations: 

    0
  • Views: 

    212
  • Downloads: 

    0
Abstract: 

The RIGHT to freedom AND the RIGHT to safety are among the human RIGHTs that are always accompanied by many theoretical challenges. From an executive point of view, there are many obstacles AND uncertainties, including common areas of safety AND freedom in criminal law, especially in Criminal Procedure Code. Therefore, in this paper, we have tried to discuss the relations between freedom AND safety in the procedure laws approved in Post-Revolutionary Iran while presenting fundamental conceptual issues AND presenting the existing relations between these two RIGHTs from the perspective of ISLAMic religion, as the basis of penal laws in Iran. From this descriptive-analytical study, it was concluded that in ISLAM, three types of relationship between security AND freedom are imaginable. It can also be acknowledged that the Criminal Procedure Code of 2013 has eliminated all previous legal defects AND ambiguities regarding the enjoyment of personal freedom AND safety. By completely eliminating the issuance of mANDatory temporary detention appointments, as well as the elimination of all mANDatory detention appointments in certain laws, except for laws governing crimes of the armed forces, the law emphasizes the necessity of justifying temporary detention, reducing the detention period, the RIGHTs of INDIVIDUALs to review the legality of their detention AND requesting their release, AND protesting the RIGHT of INDIVIDUALs to arrest or detain themselves.

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Author(s): 

ALEM ABD AL RAHMAN | MIRZAZADE AHMADBEIGLOU FARAMARZ

Journal: 

Political Quarterly

Issue Info: 
  • Year: 

    2012
  • Volume: 

    41
  • Issue: 

    4
  • Pages: 

    135-154
Measures: 
  • Citations: 

    0
  • Views: 

    954
  • Downloads: 

    0
Abstract: 

In This Essay Is Trying to Study The Relation Between ISLAM AND Democracy In Model of Deep Democracy AND Committed Democracy. Thus, I Study This Relation in on Seven Factors of Concepts of Democracy (Political or Philosophical), Awareness From outside, Multi Approach to Democracy, Community nd Self Interaction, Communication, Situated Self AND Pluralism, That Are Beyond of Current Liberal Democracy in The West, AND Criticize It. This Factors Are Basis of Deep Democracy. AND, Because Committed Democracy Is Taking From Shariati, s Thought, Then This Democracy Relyed on Shariati, s Thought. Finally, Is Resulted That, Shariati, s Reading on ISLAM, in This Sight, Is Democratic.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Issue Info: 
  • Year: 

    2019
  • Volume: 

    11
  • Issue: 

    3
  • Pages: 

    41-69
Measures: 
  • Citations: 

    0
  • Views: 

    806
  • Downloads: 

    0
Abstract: 

Privacy is one of citizenship RIGHTs AND human beings cannot merely ignore having privacy because of social life. Some think the RIGHT to privacy has been created by conventions on human RIGHTs; but indeed ISLAMic teachings have posed the necessity of protecting privacy AND not violating human's personal territory centuries ago, AND defended it on the basis of sound bases. Because many current disputes on public RIGHTs go back to disagreement on defining human beings AND its innate AND non-innate traits, so one cannot realize AND analyze RIGHTs based on ISLAMic teachings without knowing human beings with regard to the same teachings. This research has analyzed quranic verses AND traditions through analytic descriptive method, AND concluded that ISLAM's take on privacy is intertwined with its emphasis on spirituality, inherent integrity AND his choice to have a private life.

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