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Issue Info: 
  • Year: 

    2024
  • Volume: 

    7
  • Issue: 

    25
  • Pages: 

    192-220
Measures: 
  • Citations: 

    0
  • Views: 

    22
  • Downloads: 

    0
Abstract: 

This research article examines legal discrimination against children born out of wedlock in Iran. Despite laws promoting equality, societal attitudes influenced by beliefs continue to result in discrimination. The study explores the reconciliation of religious beliefs with legal frameworks and the changes made to the Iranian legal system in response to positive Human Rights developments. The Article seeks to bridge the research gaps by comparing the experiences of Iranian children with those in other countries affected by Islamic law. The study employs library sources and descriptive and historical research methods to examine the legal status of children born outside of marriage, both nationally and internationally, and the discrimination they face. The Article is structured into four distinct sections: an analysis of Islamic Law, a review of the Iranian legal system, an assessment of Iran's compliance with international conventions, and a discourse on the necessity of substantial positive change. The Article ultimately recommends the eradication of discrimination through heightened awareness and the advancement of inclusivity for all children, irrespective of their lineage. In summary, this research Article aims to shed light on legal challenges faced by children born outside of marriage in Iran, with the goal of promoting positive changes in their treatment.

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Author(s): 

BATHAEE GOLPAYEGANI S.H.

Issue Info: 
  • Year: 

    2001
  • Volume: 

    46-47
  • Issue: 

    158-159
  • Pages: 

    309-332
Measures: 
  • Citations: 

    0
  • Views: 

    262
  • Downloads: 

    0
Keywords: 
Abstract: 

During the Human history men and women have had many problems. At that times males have been basically in right to do everythings and could face with better privileges. These priviliges have been considered as a truth or fact. In this research I plan to exarmine the real Rights of men and women in acordance with different Islamic ideas of the jurisprudents of the fifth religions. I also plan to demonstrate the profoundity of Islamic thoughts and its justly perecepts. At the begining, I show the physolgists and psycologists opinions on physical and mental situation of the males and the females. I try to explain my own method in current research in an introduction. Afterward I express various opinios of poets, philosophers, nations, as well as common proverbs. In conclusion I will reply some Questions as follow: Can women take formal positions like judging at courts? Can they perform friday prayers as an Imam? Are they permitted to be a cmmander of an army or to be a religious adjudicator? What about ordering people to reputable things and prohibiting them from unlawful ones? In legal relations and punishments are they equal?At the end I do my best to scrutinize the inheritance difficulties and retriutive percepts of them.

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Journal: 

PRIVATE LAW STUDIES

Issue Info: 
  • Year: 

    2008
  • Volume: 

    37
  • Issue: 

    4
  • Pages: 

    161-189
Measures: 
  • Citations: 

    5
  • Views: 

    6073
  • Downloads: 

    0
Abstract: 

Human Rights is not a series of enacted law that great revolution of France or universal declaration of Human Rights could be ascribed as its starting point, but it's correct to ascribe its antiquity as primal as the life of Human beings.Human Rights are not the result of a specific religion, cumulative decision or revolution but are a chain of natural absolute Rights that is universal in all times and places.So, the role of religions and revolutions is not structuralization of Human Rights and innate dignity of Human, but studying their roles in the field of Human Rights is to study the instruments that exhibit to support, recognize or help to recognize the Human Rights.Because of its special system law, Islam religion has gained a specific, complex and particular in the studies about Human Rights.It appears that in Islam religion two kinds of dignity can be found: the first one, a universal dignity that is not conditional by person's religion and the second one, a perquisite dignity that is conditional by person's belief. In this article we try to study about the place of Human Rights and the instruments to recognize the innate dignity of Human in the religion of Islam and so we try to study about the place of perquisite dignity of Human and its differences with innate dignity.

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Journal: 

POLICE-E-ZAN

Issue Info: 
  • Year: 

    2021
  • Volume: 

    15
  • Issue: 

    34
  • Pages: 

    160-180
Measures: 
  • Citations: 

    0
  • Views: 

    152
  • Downloads: 

    37
Abstract: 

Objective: The aim of this study is to investigate the existing conflicts between Islamic Human Rights and universal Human Rights in the field of women's Rights?Method: Using a qualitative method based on collecting information from library sources (documentary) and descriptive analytical method, the present article seeks to assess the hypothesis presented in this research.Findings: In areas such as individual Rights (right of citizenship, right to residence and housing), family Rights (age of marriage, freedom to choose and polygamy, right of guardianship over the spouse, right Divorce and custody of the child), social Rights (right to insurance and social security benefits and the right to health services), Women's cultural and spiritual Rights (right to literacy based on co-education and restrictions on sending female students abroad), economic Rights (right to work in certain occupations and also right to inheritance), political Rights (right to be elected to some key positions in the country) Such as leadership and presidency) as well as in the legal and judicial spheres (women's right to legal personality, equality before the law and some women's civil and criminal Rights such as blood money and martyrdom) conflicts between Islamic Human Rights and Human Rights The world is visible.Results: In addition to legal conflicts, differences in interpretations and the existence of some legal ambiguities between the two sources of Islamic and international Human Rights can be seen, which in practice leads to non-acceptance and accession to some Human Rights conventions in the field of women for Iran.

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Author(s): 

Toutounchian Mehri

Journal: 

Medical Law

Issue Info: 
  • Year: 

    2019
  • Volume: 

    13
  • Issue: 

    Special Issue on Human Rights and Citizenship Rights
  • Pages: 

    57-71
Measures: 
  • Citations: 

    0
  • Views: 

    1122
  • Downloads: 

    0
Abstract: 

Human Rights have different aspects and definitions in various religions, schools and ideologies. Nonetheless, the Universal Declaration of Human Rights, which is followed by the United Nations, is recognized as the true and official document between different countries. In its ideal sense, Human Rights seek to uphold the Rights of citizens regardless of race, color, beliefs and religion. Thus it pursues its own political, social, economic, cultural and civil goals and programs. From this perspective, jurisprudence as the source of legislation in Islamic law has vast Human Rights capacities, in which socio-economic Rights are of prime importance. In this approach, the established rules of jurisprudence do not contradict the general tenets of Human Rights, and it provides a more ideal way for fulfilling Human Rights in a variety of form, such as preserving Human dignity, creating individual and collective comfort, maintaining the Rights of citizens, providing individual and collective freedoms, and preparing social and economic programs. Therefore, it can serve as a basis for Islamic Human Rights.

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Author(s): 

YASREBI SEYED YAHYA

Issue Info: 
  • Year: 

    2012
  • Volume: 

    2
  • Issue: 

    2
  • Pages: 

    107-122
Measures: 
  • Citations: 

    0
  • Views: 

    2034
  • Downloads: 

    0
Abstract: 

In the last decades, Human Rights have become a very sensitive topic. Elements of Human Rights can be traced back to ancient sources, however, there is no doubt that the current concept is the products of fairly recent intellectual and philosophical endeavors. For many years now, Muslims have been making the case for Islamic Human Rights, seeking the recognition of an equal status to the western Human Rights. Among preeminent scholars in Islamic society who have argued for Islamic Human Rights, there is Allameh Ja'fari (1923-1998), who published some insightful works in 1982, as well as Javad Amuli (1933-…). In the present article, we survey and analyze the work of Allameh Ja'fari, focusing on the following points:1. A recognition of the effort and precision of Allameh Ja'fari's work.2. An assessment of his proposed definition of elements of Islamic Human Rights as well as his comparison with western Human Rights.3. His suggestions as to how one should react and interact with the issue of Human Rights:a) What should be the foundation of Human Rights and how to reflect on the Rights of various religions according to it.b) An emphasis on the pragmatic aspect of Islamic Human Rights, that is how and by which means these Rights should be applied, rather than spending a huge amount of time on marginal issues, and seeking difficult to reach ideals.

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Journal: 

Political Quarterly

Issue Info: 
  • Year: 

    2018
  • Volume: 

    48
  • Issue: 

    3
  • Pages: 

    691-707
Measures: 
  • Citations: 

    0
  • Views: 

    1626
  • Downloads: 

    0
Abstract: 

Because of the importance of Human Rights issues, mechanisms and organizations established in this field have an especial importance too. The Human Rights Commission and the Human Rights Council substituted the former are two important mechanisms established in this respect by the U. N. The major functions of these organizations are development, promotion, protection and supervising Human Rights in member states of the U. N such as the Islamic Republic of Iran. The investigation of Human Rights situation in Iran started when the Human Rights Commission was established and continued when the Human Rights Council substituted in 2006. The main goal of the present research is to compare the practice of these two organizations toward Iran for finding the similarities and differences. Findings of the research show that despite of the organizational changing and developments in the Human Rights Council there are not considerable differences in the practice of the Human Rights Council compared to the Human Rights Commission; this means that the general political atmosphere and criticisms against Iran experienced in Human Rights Commission practice toward Iran continued in the practice of its substituted organization. Meanwhile Iran's attempts in establishing channels to affect the decisions of both organizations have not been successful. Research method in this research is analytical-descriptive and data gathering is based on library way.

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Author(s): 

MOUSAVYFAR RAZIEH

Issue Info: 
  • Year: 

    2022
  • Volume: 

    4
  • Issue: 

    13
  • Pages: 

    55-75
Measures: 
  • Citations: 

    0
  • Views: 

    140
  • Downloads: 

    36
Abstract: 

US-Iran relations were unique and strategic. After the Islamic revolution and the suspension of diplomatic ties, these relations were replaced by a sustainable enmity and hate even after four decades. This matter is unique in the history of diplomatic relations. Based on the direct negotiations between Iran and the United States regarding nuclear issues in the 11th government, the necessity of the analysis of the factors contributing to the continuous conflicts between two countries has attracted the attention of the researchers and scientists in the field of international relations. The main question is 'Why have the two countries failed to establish rational, logical and free from slogan relations even four decades after the Islamic Revolution? ' This question is addressed from various viewpoints, including nuclear deals, terrorism, the Middle East peace process and Human Rights. The present study aimed to investigate the role of the Human Rights issue and its effect on the US-Iran relations in a descriptive-analytical manner, hypothesizing that this issue has no noticeable weight and importance in the continuous conflict between two countries. To this aim, Human Rights situations in the Pahlavi era are considered and compared with similar problems in the Islamic Republic. Then their contribution to the US-Iran relations is analyzed. A historical-analytical method is used to explain the pieces of evidence and findings.

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Author(s): 

GOLSHAN PAZHOUH M.R.

Journal: 

FOREIGN RELATIONS

Issue Info: 
  • Year: 

    2010
  • Volume: 

    1
  • Issue: 

    4
  • Pages: 

    163-182
Measures: 
  • Citations: 

    0
  • Views: 

    1828
  • Downloads: 

    0
Abstract: 

Amnesty International and Human Rights Watch are generally considered as the most influential non-governmental organizations in the field of Human Rights at the international level. Their extensive activities in defense of Human Rights, including their annual and periodic reports on the violation of Human Rights in various countries and declarations on specific cases and situations, have served a number of functions. They are credited with, among others, bringing the situation of Human Rights violations to world attention, promoting Human Rights norms at the international level, including at the United Nations, and even effecting change in Human Rights policies of countries. The present article undertakes to briefly review the history of the activities of two organizations as well as their interaction with the Islamic Republic of Iran. It tries to explore and present some recommendations for expanding the possibilities for interaction and cooperation between Iran and these well-known international NGOs.

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Journal: 

Islamic GOVERNMENT

Issue Info: 
  • Year: 

    2014
  • Volume: 

    19
  • Issue: 

    1 (71)
  • Pages: 

    0-0
Measures: 
  • Citations: 

    0
  • Views: 

    3651
  • Downloads: 

    0
Abstract: 

The basic principles of Human Rights such as ‘Human dignity’, ‘Human equality’, ‘Human life’ and ‘Human freedom’ are the major concerns in the Islamic judicial system. Through suggesting common discourse for all Human beings as well as rejecting any form of sovereignty, Islam has offered certain universal Human Rights which can pave the ground for peaceful coexistence. Human Rights are characterized as having the following qualities: they are demonstrable, revealed and divine; on the basis of a real anthropology, they are purposeful, truth-oriented and duty-bound; based on Human creation and nature, they are realistic, all-embracing, coherent, consistent, having internal and external sanction, being ethical, universal, perfectionist rather than individualistic and socialistic, proportional in term of sexual Rights and attentive to Human Rights in emergencies.

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