Abstracts

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A Critique of the Concept of "the Universality of Human Rights" Based on the Universal Declaration of Human Rights

Ali Asadollahzadeh / Assistant Professor at Islamic Azad University, Shahr-e Ghods Branch

Received: 2018/06/20 - Accepted: 2018/12/10                               ali.asadolahzadeh@ymail.com

Abstract

The Universal Declaration of Human Rights is the international charter of human rights. Universality is the key feature mentioned for human rights in this Declaration. The universality of human rights is debatable, both in terms of its global acceptance and in terms of the intellectual foundations effective in the formulation of this declaration. Based on this research, it can be argued that human rights, and in particular the Universal Declaration of Human Rights, has a specific reading of human and human rights which is influenced by Western culture, and in practice, it has failed in being universal both in the field of implementation and in the area of concepts and rules.

Keywords: human rights, universality, Universal Declaration of Human Rights, relativism.


Measurements for the Identification and Acquisition of Legitimate Expediency in the Islamic System

 

Mohammad Ali Olfatpour / PhD Student at Allameh Tabataba'i University      ali.olfatpor@gmail.com

Qodratollah Rahmani / Assistant Professor of Law, Allameh Tabataba'i University

Received: 2018/05/16 - Accepted: 2018/12/08

Abstract

The present paper seeks to explain the extent of legitimacy in the temporary ignoring of the limits of Islamic rulings by the Muslim ruler. Knowing the important and more important criteria and the system of prioritizing government’s expediency can help the Islamic ruler to break the deadlock between social and material expediencies. Understanding the expediency and mechanisms of change in their changeable and unchangeable borders can be effective in enforcing Islamic legitimacy on a religious state. The limits for abrogating or developing the primary and secondary criteria in a religious government have a close relationship with the basic goals and intentions of the Shari'a. The main questions of this research pivot around the goals and frameworks of government, including whether the Islamic government is obliged to exercise divine limits, or can other purposes be assumed for them which cannot be ignored in case of the impossibility to implement divine limits. What are the mechanisms and tools of such a process? How far go the borders of ignoring the divine limits by the Muslim ruler? This research seeks to prove that prioritizing the objectives of the Islamic state, interpretation of expediency, the source and the basis of the analysis of expediency, the method, tool and methodology for the discovery and application of expediency, the factors of discovery and implementation of expediency are effective in the analysis of the degree of legitimacy and the functions of any political structure in Islam.

Keywords: legitimacy, expediency, government rulings, Islamic government.


Citizenship Rights, Its Components and Foundations, and the Duties of the Government to it

Abdullah Baharlooyi / PhD Student of Philosophy of Law, University of Bagher-Al-ulum

                                                                                                                                                                                        abdollah.baharloea@yahoo.com

Meysam Ne’mati / PhD in Public Law at Imam Khomeini Institute of Education and Research

Received: 2018/02/12 - Accepted: 2018/08/28                               meysamnemati58@yahoo.com

Abstract

Citizenship rights include preserving the dignity of human as the noblest creature who has the right to life, equal living, fair treatment and participation in various areas of society. Citizenship rights deals with the rights and duties of people towards each other and its procedure, principles, objectives, methods of city administration, control and harmonious growth. In this research, two basic approaches to citizenship rights are mentioned: one approach emphasizes idealistic thinking in the concept of citizenship rights, and tends to take steps to confer on the rights of other members of the political community based on the public consent and agreement on the ideals. The other approach regards citizenship rights as a set of concomitant rights and duties which all citizens of the community share equally. From this perspective, citizenship rights are the mixture of rights, duties and responsibilities of citizens towards each other. Citizenship rights do not merely relate to the relationships among fellow citizens, but also to the relations of statesmen and fellow countrymen with non-citizens.

Keywords: citizen, citizenship rights, citizenship responsibility, government.


Exploring the Qur'anic Principles of Breach of Treaty in Islamic International Law

Fatemeh Zand Aqta'i / PhD Student of the Quran and Science , Jame’at Al-Mustafa Al-Alamiya

                                                                                                                               zand1382f@gmail.com

Ja’far Zanganeh Shahraki / Assistant Professor of Law , Razavi University of Islamic Sciences

Received: 2018/09/06 - Accepted: 2018/12/31

Abstract

In Islamic International Law, a treaty refers to an agreement between the Islamic State and other states and international organizations, whether definite (peace, amnesty, etc.) or indefinite, i.e. based on the requirements of the Islamic State during peace in international relations.  The important role of treaties in these relations is indisputable. On the other hand, the violation of treaty will have an adverse effect on international relations. Since Islamic sources never allow violation of treaty, this paper studies some Qur'anic verses on the violation of treaty and points out some important principles such as the principle of non-violation of treaty even with non-Muslims, unless the treaty is violated by one side and retaliation is permissible. Similarly, the abrogation of treaty is subject to conditions such as the emergence of evidence indicating violation, announcement of the abrogation of treaty, and maintenance of Muslims’ honor and dignity that governs all treaties etc. Along with these legal principles, there are also some ethical principles that add to the stability of treaty with the commitment of the parties.

Keywords: treaty, violation of treaty in the Quran, legal principles of violation, ethical principles of violation.


A Comparative Study of the Role of the Judiciary in the Islamic Countries of Afghanistan, Egypt, Pakistan and Iran

Mohammad Baqer Fahimi / Fourth Level in Qom Seminary School            baqer136513@yahoo.com

Seyyed Ebrahim Hosseini / Assistant Professor of Imam Khomeini Institute of Education and Research

Received: 2018/07/02 - Accepted: 2019/02/14                                       sehoseini@hotmail.com

Abstract

Based on the theory of the separation of powers, the judiciary is considered a part of government’s three main sections with certain functions, but in some Islamic countries, more duties have been assigned to this power. The comparative study of this power in the Islamic countries of Iran, Afghanistan, Pakistan and Egypt can show its strengths and weaknesses and, therefore, propose an effective judicial power. The shortcomings in the Afghan judiciary power include the lack of some organizations such as the Administrative Violations Court and the National Inspectorate aa well as the absence of a supervisory organization in the judicial power. On the other hand, the task of interpreting the constitution and adjusting the laws with it is beyond the competence of this power. The Egyptian judiciary power has a systematic structure, and there are many institutions to oversee the judiciary power in this country, but its main challenge concerns its presidential affiliation. The main challenge for the Pakistani judiciary is the lack of independence; the president of the judiciary and the judges are all appointed by the president. The judiciary power in Iran has a systematic organization. It is independent, and one of its strengths is that it is supervised by a just and mujtahid jurisprudent.

Keywords: the judiciary, Afghanistan, Egypt, Iran, Pakistan.


The Legitimacy of Republicanism in Islam

Zabihullah Moradi / PhD Student of Public Law, Imam Khomeini Institute          z.moradi@gmail.com

Ibrahim Musa Zadeh / Associate Professor of Law, Tehran University             e.mousazadeh@ut.ac.ir

Received: 2017/03/14 - Accepted: 2018/08/06

Abstract

In political terms, republic is a kind of government in which government officials are elected directly or indirectly. Law scholars have introduced the validity of the majority vote, participation and distribution of power as the most important elements of a republic. The mentioned elements are considered axiomatic in council decisions of the contemporary law. The present paper seeks to evaluate the elements of republicanism based on the Islamic approach. The research, which has been conducted by using a library method, seeks to clarify the question of Islam's opinion about republic elements. The research results show that the consultation and people's participation in the Islamic government for exploring expediency and reality are of paramount importance. After seeking consultation, the Islamic ruler decides on the basis of the Islamic society's expediency whether the expediency requires any decisions to be made according to people's majority vote, such as what occurred during the Battle of Uhud, or when expediency demands decision making contrary to the majority vote, therefore, agreement with the majority vote does not guarantee better expediency than automatic expediency. Only if the arguments of two sides (the majority and the minority) are completely equal, the Islamic ruler accepts a majority vote and legitimizes it. Therefore, the vote of the Islamic leader should be obeyed and followed not the vote of majority of people. On the other hand, Islam pays attention to the distribution of power and supervision over rulers according to the rule of "Al-Nasihat al-a’emat al- Muslemin", and this can be regarded as another practical example of the participation of citizens in the Islamic system.

Keywords: legitimacy, republicanism, majority vote, participation, power distribution.