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Journal: 

Issue Info: 
  • Year: 

    2023
  • Volume: 

    55
  • Issue: 

    2
  • Pages: 

    123-147
Measures: 
  • Citations: 

    0
  • Views: 

    15
  • Downloads: 

    0
Abstract: 

Women's rights are one of the important legal fields that are faced with different views in traditional jurisprudence, all of which are rooted in foundations and methods. The fundamental question is what are the foundations and practical challenges of rebuilding the traditional jurisprudence approach to women's rights. With a critical analytical approach and focusing on the findings of traditional jurists, this article tries to answer the above question and find out in which areas the approach of traditional jurisprudence in the category of women's rights needs re-reading.The findings of this research show that the challenges to the traditional approach and its foundations in women's rights are multiplying and increasing, so that it can bring the role of this jurisprudential approach in human life to a crisis, and this involves the need to update and modernize the traditional approach to jurisprudence in order to be present in the public and humanitarian sphere in the surrounding world. In this article, after explaining the concepts, only some of the challenging foundations of the traditional approach to women's rights; Just like the human personality, the legal personality and the spiritual personality of the woman have been investigated.

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Author(s): 

NAGHI POUR FAR V.A.

Journal: 

Pazhouhesh Dini

Issue Info: 
  • Year: 

    2006
  • Volume: 

    -
  • Issue: 

    12
  • Pages: 

    353-376
Measures: 
  • Citations: 

    0
  • Views: 

    306
  • Downloads: 

    0
Abstract: 

"The traditional jurisprudence" is the prevailing perspective of Jurists concerning Islamic precepts in which Quranic juristic verses and respective hadiths are usually taken into consideration. In this perspective, some parts of the Quran- about 500 to 800 verses – are used in the process of religious understanding of precepts and the remaining, especially Quranic stories, are taken away from the realm of juristic research less attention being paid to them. "The Quran-pivoted, comprehensive jurisprudence" is a juristic approach to the whole Quran in which all verses concerning beliefs, ethics, stories, etc. are taken into consideration in addition to the juristic verses.      

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Issue Info: 
  • Year: 

    2022
  • Volume: 

    11
  • Issue: 

    35
  • Pages: 

    1-24
Measures: 
  • Citations: 

    0
  • Views: 

    433
  • Downloads: 

    0
Abstract: 

The formation of the government and the adherence of the people to the institution of government, based on the principles of both Sunni and Shi’ a jurisprudence, depends on the formation of the "correct" government. The "correctness of governance institutions and mechanisms" and conversely, the inconsistent jurisprudential theory of "imperfect government" in each of these principles, despite conformity, have significant differences. In addition, the weakness of the government faces many challenges and ambiguities that will affect the ratio of powers and scope of guardian and obligee to the sovereignty and duties of citizens. The present study, with a descriptive-analytical design and explanation, deals with the comparative comparison of imperfect government in general jurisprudence and its contexts in Shi’ a jurisprudence, and on the other hand, considers the various provisions of the public law of such government. The legitimacy or validity of domestic legal authorities’ (or institutions) actions that are not in line with sharia or legal conditions, can be a dimension of this theory in Iranian constitutional law. As a result, in Shi’ a political jurisprudence, “ the government of unjust” , “ the guardianship of the believers” and “ the election of a non-competent person to rule” , can be the forms for the realization of an imperfect government.

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Issue Info: 
  • Year: 

    2021
  • Volume: 

    17
  • Issue: 

    1
  • Pages: 

    47-71
Measures: 
  • Citations: 

    0
  • Views: 

    112
  • Downloads: 

    17
Abstract: 

Islam is a universal and eternal religion due to the perfection of the divine rules which are in fact one of its miracles. In the face of constant needs, changing needs will emerge, and these changes must be protected in order to preserve and maintain its purity and appropriate growth. For the same reason, the dynamics is not a divider of traditional jurisprudence, but traditional jurisprudence is dynamic in itself. Ijtihad, which is rightly called the dynamics of Islamic law, means a deliberate and methodical attempt to extract the verdict of God according to the four sources of the Book, Islamic tradition, wisdom and consensus. Providing some criteria and examples, this article attempts to explain who the time and place influence the religious judgments.

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Author(s): 

Issue Info: 
  • Year: 

    2023
  • Volume: 

    11
  • Issue: 

    2
  • Pages: 

    3648-3649
Measures: 
  • Citations: 

    0
  • Views: 

    5
  • Downloads: 

    0
Keywords: 
Abstract: 

Dear Editor Any type of sexual assault that happens within an intimate relationship is referred to as intimate partner sexual violence (IPSV). It includes not just rape committed during a marriage but also all other types of sexual assault committed during an intimate relationship, whether the partners are married or not. Most victims are female as they have a lower physical strength and they experience different kinds of physical and mental health issues following such experience (1). According to the evidence, women are mostly reluctant to disclose their experiences of sexual violence. Some women might not even recognize their experience as a sexual assault, making it difficult to be identified as victim. So, the prevalence of IPSV are likely to be underestimated and this issue may be more prevalent in societies with traditional and patriarchal culture, in which men have power and authority over women and violation of women's rights is more common (2). In some traditional societies such as Iran, there is a legal gap regarding marital rape (3). We would like to comment on the work of Ghodrati F, recently published in this journal emphasizing the importance of appropriate legislations to fill the legal gaps (4). Also, this legal gap has become very important these days, as the rate of domestic violence increased due to recent cronavirus pandemic (5, 6). Based on the evidence, only in case of being the victim of physical violence and proving that, the husband should pay Diyah (blood money) (4). However, it is clear that in traditional cultures, women are advised to put up with marital rape and other forms of secondary wounding by religious figures, family, or friends and they are told that it is their duty to do anything to satisfy their spouse. So the number of IPSV survivors who refer to forensic medicine for being abused by their spouse is few. Continuing marital life in such situations makes women to suffer from IPSV for a longer time and lead to family conflict which have a potential for putting all family members specially children at risk of behavioral problems and committing different types of crime in the society (6). The issue is more serious in non-marital intimate relationship particularly in societies, where premarital sex or sex with anybody except spouse is forbidden like Iran. In case of IPSV, if a woman files a court complaint against her partner, the issue will be handled after they have both been whipped for having sex without marriage. Also, she may afraid of dishonoring herself and her family with making the violence public and even being killed by her family members. Additionally, fear and shame of being blamed and criticized makes her not to go to counselors and not be treated regarding the emotional damage caused by IPSV, which may even have a negative impact on her future marriage (7). Therefore, countries’ legislative bodies are responsible for protecting women’s rights more than before, regardless of their ethnicity, religion as well as marital status. There should be law reforms leading women to ask for help once they faced IPSV, without fear of legal punishments or public stigma. Also, fostering the culture, raising public awareness and training therapists specifically for IPSV victims are necessary in this regard. Moreover, educational potentials of anti-violence campaigns of national or international NGOs should be strengthened and used for improving public awareness in this area, which can play an important role to reduce violence against women and lead to establishment of gender equality in the society. Conflicts of interest Authors declared no conflicts of interest.

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Journal: 

Issue Info: 
  • Year: 

    2023
  • Volume: 

    6
  • Issue: 

    1
  • Pages: 

    265-282
Measures: 
  • Citations: 

    0
  • Views: 

    75
  • Downloads: 

    5
Abstract: 

Purpose: The purpose of writing this article is to achieve and understand the capacities of jurisprudence for the realization of modern Islamic civilization, as well as to identify the weaknesses of jurisprudence and try to reduce them.Methodology: The method used in this article is the analytical descriptive method in such a way that the opinions of elders in this field are analyzed and tried to use documentary sources to reach the topics.Findings: This research has followed some findings. Among the capacities that exist in jurisprudence that can help the realization of modern Islamic civilization are: the capacity of reason, the existence of general rule-making texts and texts that indicate the objectives in jurisprudence, the systematicity of Sharia and the existence of practical principles. Also, among these, there arechallenges facing jurisprudence, some of which include: epistemological challenges (evidences and sources), methodological and thematic challenges, and finally the formalization of jurisprudence.Conclusion: Conclusion: After the studies conducted in the field of capacities and challenges of contemporary jurisprudence for the realization of modern Islamic civilization, the results were obtained that for jurisprudence, capacities such as the existence of reason as one of the sources of Arbaa in jurisprudence can pave the way for the realization of modern Islamic civilization. that there is no evidence of any kind in the book and the tradition, and the intellect is loose here, provided that there is no contradiction in the book and the tradition, the other capacity is the existence of general texts in jurisprudence that are rule-makers in such a way that if there is a specific reason in a particular context If it does not exist, general texts are used. The other capacity of jurisprudence is that there are texts in jurisprudence that show the purposes of the Shari'ah. If there is no specific reason somewhere, but adding a verb is consistent with the purposes of the Shari'ah, in this case It can be ruled that it is in accordance with the Sharia, another capacity is the systematicity of the Sharia, that the Sharia has compiled the jurisprudence of this religion based on a certain order, and whatever is in line with this matter, it can be acted upon, even if it does not have a specific reason. Finally, there are practical principles in jurisprudence that can increase the work of jurisprudence to realize the new Islamic law.Also, there are challenges for jurisprudence that the existence of these obstacles can be a challenge for the realization of modern Islamic civilization, such as epistemological challenges (sources and evidence) which is the question of precedence and delay of evidence in such a way that one of the evidences precedes the other. This can be problematic, another methodological challenge is which direction of rulings should be taken into account in jurisprudence, individualism or society-centered, where some rulings have no problems in terms of individual rulings, but have problems in social terms, which certainly The discussion of civilization building should be focused on society, the other is the subject challenges that are faced in the field of new issues of jurisprudence, which, of course, will repel this challenge according to the capacities that were raised, and finally, it is the secularization of jurisprudence.

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Issue Info: 
  • Year: 

    2022
  • Volume: 

    11
  • Issue: 

    8
  • Pages: 

    1496-1504
Measures: 
  • Citations: 

    0
  • Views: 

    26
  • Downloads: 

    8
Abstract: 

Background: The demand for and use of traditional and Complementary Medicine (T&CM) has recently increased worldwide drawing a public health attention including malpractice, which puts the health of its clients at risk. Despite efforts made by Tanzania to integrate T&CM in the health system to protect the clients, regulating the subsector has remained a challenge due to lack of information and operational factors facing the regulatory frameworks in Tanzania. The aim of this study was to determine the extent of imperfect information, regulation adherence and challenges among T&CM practitioners and regulators in Tanzania. Methods: In-depth interviews were carried out with T&CM practitioners in Dar es Salaam Region in Tanzania, and officials from the Ministry of Health and the study municipals. Purposive and snowballing approaches were used to select study participants. Thematic data analysis was done with the help of NVIVO. Results: Awareness of regulations and tools used for regulating the T&CM operations among practitioners was generally very low. There was fragmentation of knowledge on what they were practicing as well as on awareness of the regulations, and what is regulated. Practitioners argued that they cannot be controlled by conventional medical trained personnel. Regulators at municipal level reported to have had no knowledge, interest, and time to work on T&CM. Lack of adequately trained and qualified manpower, lack of financial resources, poor transport and other infrastructure at the municipal regulatory units aggravated non-adherence to regulations, and therefore rendered ineffectiveness to the regulatory framework. Conclusion: Existence of imperfect information on T&CM among regulators and practitioners affect effectiveness of T&CM regulatory process. Awareness of regulations among practitioners, presence of knowledgeable regulators, as well as capacity would facilitate adherence to regulations.

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Author(s): 

ASHTARI GOLANNA

Journal: 

Medical Law

Issue Info: 
  • Year: 

    2012
  • Volume: 

    1
  • Issue: 

    2
  • Pages: 

    61-68
Measures: 
  • Citations: 

    0
  • Views: 

    434
  • Downloads: 

    212
Abstract: 

The healing effects of herbs and the knowledge of using herbs have been practiced and recognized for centuries in developing countries. However the recognition of these herbs and the right of traditional knowledge holders, are not recognized and protected properly at national and international level. The result has been that pharmaceutical companies (especially Western multinational companies), have been able to exploit both knowledge and the natural resources of the TK holders through creation of new medicine and patenting. With the emergence of intellectual property rights (IPRs), especially patent, which is the strongest form of IPRs, concerns around protecting such knowledge and genetic resources have risen.It worth noting that the concerns of protecting traditional knowledge, especially traditional medicine, through the IP regimen, is engaged with not only in cultural and belief system of TK holders towards the subject matter at national level, but also with economical and legal status of TK holders  and the rights they have in benefits of such products . Great importance that patent has in agribusiness and pharmaceutical sectors, has resulted in creation of different international agreements to understand and define this knowledge and to regulate the way of protecting this knowledge.

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Issue Info: 
  • Year: 

    2023
  • Volume: 

    12
  • Issue: 

    2
  • Pages: 

    157-186
Measures: 
  • Citations: 

    0
  • Views: 

    23
  • Downloads: 

    0
Abstract: 

In Islamic society, according to rational and rational evidence, governors and people have equal rights and duties, each of which must fully accomplish its duties and, on the other hand, exercise their rights in the best way. One of the duties of the people towards the governors is to choose the right one and trust them in the assignment of affairs. In contrast to one of the rights of the people in relation to this trust and choice, the right to question and impeach the assigned duties. In recent years, a two-law plan has been introduced in the legislature, which rejected the question of the authorities with the aim of attracting attention and criminalized it. But according to the present study, this plan and any similar plan have contradicted the narrative and rational arguments contained in the Islamic sources. Incidentally, in Islamic teachings, including verses and narrations, and the syllable of Prophet (PBUH) and Alavi (AS) The emphasis has been on the right of this right. Secondly, the denial of the right to ask and demand from public officials and rulers is in conflict with the principle of "freedom of expression" contained in the Constitution; thirdly, with the human rights standards and the principles of democratic societies, such as the principle of freedom of opinion and freedom of the press, and so on, which Iran is also unanimous. The present study, based on the bibliographic and descriptive-analytical sources, examines the right of question and the fundamental rejection of the twofourth plan and its similar plans and bills based on the jurisprudential doctrines and Islamic law.

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Author(s): 

Kazemi Seyed Mohsen

Journal: 

Issue Info: 
  • Year: 

    2023
  • Volume: 

    54
  • Issue: 

    4
  • Pages: 

    135-156
Measures: 
  • Citations: 

    0
  • Views: 

    10
  • Downloads: 

    0
Abstract: 

Vazgeraee is a theory of meaning that was formed in the context of jurisprudence principles and comments on the process of encoding meaning for words, the nature of meaning, the existential structure of meaning, the relationship between words and meaning, and the process of decoding. In Vazgeraee, with an atomic view of meaning, the content of sentences is determined according to the meaning of constituent words and how they are arranged in the sentence. Each word indicates one or more fixed and determined meanings, that is, mental images, and this indication is also a valid process that takes place through indexing.In this article, after explaining the history of the formation of this theory, with a descriptive and analytical method, while explaining the mentioned components, the problems related to them are explained. According to the researches, this theory faces criticisms such as commitment to linguistic idealism, humanism of the word-coining process, reduction of meaning to the conceptual field, representationalism and wordism. Also, this theory defends a kind of text-oriented approach in the field of interpretation, which is not compatible with the mission of discovering the divine meaning. By examining and criticizing this theory, the author defends contextualism.

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