Abstracts

Abstracts

A Critique of Modern Copyright and the Criterion of Intellectual Property in Postmodern Age

Mohammad Jawad Jawid / Associate professor of law and political sciences department, Tehran University

Mehdi Yusufi / MA student of human rights, Tehran University

Received: 2011-11-8 - Accepted: 2012-5-4                              mahdi.yousefi@alumni.ut.ac.ir

Abstract

Postmodernists believe that copyright, as one of the important parameters of intellectual property, is the continuation of macro-narrations of modernity for giving material and intellectual to support new genres of artistic, literary and computer works. Accordingly, all the criticisms directed to  macro-narrations of modernity age is also leveled against these rights, but the present state of commitment to ever more observation of these rights is  considered as an improper bias towards injustice, dictatorship and absolutism in the realm of mind and thought. The result of such a view is limiting thinking, intellection and production of intellectual products in order to attain monopolistic material interest in the economic and capitalist market of modern world.  Expounding this hypothesis relying on postmodernists' view, the present paper analyzes the status of copyright in modern age.

Key words: postmodernism, human rights, intellectual property, copyright, economy.

A Woman's Inheritance and the Foundations of the Difference between Man and Woman in Financial Rights

Seyyed Kazim Mostafawinia / Assistant professor of Hazrat-e- (Her Majesty) Ma'soomeh (peace be upon her) University

Davood Basarati / MA of private law, IKI                                  dbasarati@yahoo.com

Received: 2013-6-13 - Accepted: 2013-11-2

Abstract

We should first investigate the main origin of the differences between man and woman in the domains of social and personal duties and rights in order to explain the foundations of the differences between man and woman regarding their share of inheritance. Then the foundations of financial difference between them in terms of inheritance should be reanalyzed, because the similarities and differences between man and woman are discussed in two domains: creation and legislation. Just as genetic similarities between man and woman prepare the ground for their legislative similarities, also genetic differences between them are a source of some legislative differences between them in terms of their rights and duties. Therefore, the difference between man and woman regarding inheritance portion is rooted in their genetic differences. It is clear that the genetic and legislative differences between man and woman are necessary for starting and leading a healthy social life. The present paper, which is organized in aforementioned order, elaborates on the difference between man and woman in inheritance portion, shows that this difference is wise and just and tries to resolve doubts cast on this issue.

Key words: rights, property, inheritance, woman, foundations, difference.

The Principle of "Prohibition of Appealing to Tyrant Rulers" and Its Review

'Abbas Mirshekari / Assistant professor of law department, university of science and culture                                                                                 mirshekariabbas1@yahoo.com

Received: 2013-1-26 - Accepted: 2013-11-10

Abstract

Judgment is among the functions of ruler and, according to Shiite fiqh, an infallible Imam (peace be upon him) has an exclusive right to rule. Therefore, no one other than infallible Imam must assign the judge. If a ruler other than infallible Imam holds the power and assigns a judge, the assigned judge is not legitimate because the ruler himself is not legitimate. As a result, such an assigned judge is not allowed to intervene in and deal with the affairs of others. Hence, it is not legitimate to appeal to this judge because he is not allowed to intervene and make decisions, which follows that referring to tyrants is forbidden. Among the effects of this prohibition is that arresting the charged party is not permissible even if the issued decision conforms to reality. The other effects are that retaliation and acceptance of judgment are not permissible. The present paper studies this principle and its effects.

Key words: government, judge, right, retaliation, providing a proof, confirmation, judgment.

Freedom of Speech and Its Principles and Scope in the View of Fiqh and Law

Seyyed Ahmad Mortazaii / Graduate of Hawzah (Seminary) and MA of general law

sayyidahmadmurtazaie@yahoo.com

Seyyed Ibrahim Husseini / Assistant professor of IKI       sehoseini@hotmail.com

Received: 2013-11-27 - Accepted: 2014-1-6

Abstract

"Freedom of speech" is a kind of social freedom. Using a descriptive-analytical approach, the present paper studies the principles and scope of freedom of speech in the light of the view of Islamic fiqh and according to internal and international law. The research findings indicate that, in the view of fiqh, freedom of speech is based on several such things like commanding the good and forbidding the bad, advice and well-wishing, consultation, necessity of telling the truth and prohibition of concealing it and so on. Furthermore, freedom of speech, according to Islam, is not absolute and is limited to several religious limitations such as heresy, blasphemy, denying the necessities of religion, slandering against God, denying divine verses and signs, ridicule and mockery and so on. In internal law and regulations, Islamic injunctions and standards, common interests and good are emphasized as the principles of freedom of speech and offending holy things is forbidden. In international documents, the principles and limits of freedom of speech are more material.

Key words: freedom, speech, principles, fiqh, law, commanding the good, forbidding the bad, advice, propagation.

"Commanding the Good and Forbidding the Bad" from the View of Fiqh and Law and a Review of the Position of State and Nation

Abd-Al-jabar Zargoshnasab / Assistant professor of Ilam University

abdelgabar3@yahoo.com

Seyyedeh Ma'soomeh Gheybi / MA of Fiqh and principles of Islamic law

gheibimasumeh@yahoo.com

Sa'eedeh Rezaii / MA of Fiqh and principles of Islamic law

Received: 2012-9-22 - Accepted: 2013-12-3

Abstract

"Commanding the good and forbidding the bad" are among the important Islamic duties and have some conditions and stages. The divine law has made these important religious duties so that good deeds may be realized and bad deeds eliminated. Using a theoretical analysis as its approach and a documentary method, the present paper seeks to study the position and role of every group including the state and nation in performing these obligatory duties according to Fiqh and law. The research findings indicate that both state and nation have important role in the realization of these important duties. Furthermore, considering some traditions, Quranic verses and law sources, it can be said that both the state and nation are responsible for fulfilling the stage of "guidance and leading" and that the state is responsible for "putting them into practice", which necessitate the use of force. The state fulfills this duty in the society at large by enacting laws and establishing supervisory institutions.

Key words: good, bad, state, nation, duty.

The Religious Obligations of Commanding the Good and Forbidding the Bad and the Influential Methods for Performing them in the Light of Imam Reza's View

Seyyed Jawad Khatami / Assistant professor of Firdausi University of Mashhad

Seyyedeh Somayyeh Khatami / PhD student of the course of familiarity with Islamic sources, Firdausi University                                                                                       sh.khatami@gmail.com

Hussein Barati / MA of sciences of hadith

Received: 2012-9-4 - Accepted: 2012-3-15

Abstract

Although many books and articles have been written on the issue of "commanding the good and forbidding the bad" and they have been discussed from different dimensions, still it needs further study. An area of research can be the question: did infallible Imams, as good examples of commanding the good and forbidding the bad, have methods to better materialize this divine obligatory duty? If so, what are these methods and how is the issue of commanding the good and forbidding the bad consistent with their way of life? The present paper tries to identify these methods through a review of Imam Reza's life and introduces twelve methods including performing divine decrees, giving hope to audience, having good opinions of audience, defining good models and bad models, explaining what good deeds are, expressing love, substitution, defaming different figures, explaining the cause and philosophy of a decree, communal show, the state of active exaltation-seeking, and preserving self-esteem as much as possible.

Key words: effectiveness, commanding the good, forbidding the bad, Imam Reza (peace be upon him).