Abstracts
Article data in English (انگلیسی)
A Review of the Guardian Council's
Supervision of the Elections of the Experts
Seyyed Ahmad Mortazaii*
Abstract
According to Article 99 of the Constitution, the Guardian Council is responsible to monitor the elections of the Assembly of Experts. Regarding the Guardian Council's supervision, some believe that Article 99 has only specified the monitoring institute and the Guardian Council is not responsible for identifying the candidates' competence. Some hold that the famous professors of seminary who teach at highest levels are the ones to be referred to as an authority for identifying candidates' competence. Others believe that the Guardian Council's supervision is a vicious circle. Still others don't accept the conditions of Ijtihad. On inquiry, the present paper has reached the following conclusion: Article 99 is absolute and covers a broad area than authority, supervision, and competence identification. The idea of presentation of testimony by three famous seminary professors who teach at highest levels as a warrant for taking part in the elections has to do with the time before the revision of the Constitution. There are no conditions for carrying out the elections and during the occultation period, the prerequisite of Ijtihad is a distinct characteristic of the Islamic leader and only those who have reached the station of Ijtihad can recognize this prerequisite.
Key words: the Guardian Council, supervision of elections, approbation supervision, election of the Assembly of Experts, the doubt of vicious circle, the prerequisite of Ijtihad.
An Investigation into the Conditions, Orders, and Outcomes of the Attachment of Immovable Property
Mohammad Mahdi Hakimi Tehrani*
Abstract
The present paper investigates the conditions, orders, analysis, and outcomes of the attachment of immovable property. The civil Procedure Code has referred the attachment of properties -- whether movable or immovable -- , making an inventory, assessment, and keeping of attached properties, and the attachment of defendant's service rights and his movable property -- which is before the third party -- to the Act of execution of civil orders. Therefore, the attachment of movable and immovable property must be in conformity with the regulations of the Act of execution of civil orders.
Using a theoretical approach and an analytical-comparative method to the positive law and rules (LEX SCRIPTUM), especially the Act of the execution of the civil orders and the new regulations to execute the binding provisions of official documents, the present paper aims at investigating these laws and rules and recognizing and clarifying all aspects and orders of the attachment of properties in the new and existing rules.
Key words: attachment of movable property, the attached property, immovable property, judgment debtor, the Act of execution of civil orders, the attachment of surplus property, release of the attachment.
Weapon of Mass Destruction according to Islam
Seyyed Ebrahim Husseini*
Abstract
Islam is a religion of peace and security and its Prophet is a blessing for the whole world. Therefore, Islam not only does not recommend the production and use of weapon of mass destruction but also regards it legally forbidden, because the horror and terror it brings is, like that of nuclear weapon, taken as a violent practice which disturbs the international public security, and is one of the instances of evil and anti-value. Furthermore, this issue varies from the issue related to the principles of separation and prevention of killing noncombatants, civilians and defenseless people, providing protection to the old, women, children, and the insane observing humanitarian rules, or the principle of restrictions on the way of fighting, and it varies from the aims of Jihad which are manifested in the defense, the call for monotheism, promotion of the forms of religious freedom, removal of the autocracy, and struggle against sedition leaders. It should also be noted that prevention doctrine is not a warrant for killing innocent and defenseless people; rather it is meant to prevent oppressors' threats.
Key words: weapon of mass destruction, Jihad, Islam, nuclear weapon, security, Islamic humanitarian rights.
Negligence of Civil Responsibility and Justice
Mas'ood Ra'ii* / Safar Ali Sharifian**
Abstract
One of the fundamental questions in civil responsibility is the extent to which it is in conformity with social justice. All lawmakers have tried over the history to lay down laws and regulations in terms of justice. However, the problem of its realization is ascribed to the lack of a criterion. The question that arises is: according to what criterion can social justice be done in the laws governing civil responsibility? Can social justice be attained through reliance on omission, danger, or right guarantee? Can it be said that the most appropriate way to realize social justice is to rely on omission or should we look for other factors such as danger? The present paper tries to show the share of the omission element in achieving social justice in the realm of civil responsibility.
Key words: omission, civil responsibility, cause, damage, guarantee, the injured.
Copyright and its Components; a Manifestation of Intellectual Property
Javad Salehi,* / Ma'soomeh Salari Rad**
Abstract
"Copyright" is a subset of literary and artistic property and a branch of intellectual property. It refers to any innovative attempt which gives the right to its owner to whenever he/she wills copy and makes use of its material consequences. The right of copying and publishing one's work is regarded among the preliminaries and preconditions of making use of its benefits. Disregarding copyright not only deprives its owner from material benefits, but also eliminates the spirit of creativity and destabilizes the culture of society.
Copyright is a new subject in fiqh and law which has been vastly changed with the economical, industrial, and cultural developments of human societies. Having explained the concept of copyright, its relationship with intellectual property and recognized its components, the present paper investigates the position of copyright in legal doctrines and its components in the existing laws. Finally it discusses the basic fundamentals of supporting copyright.
Key words: intellectual property, literary and artistic property, copyright, author, intellectual creations.
The Prerogative and the
Jurisdiction of the Court of Administrative Justice
Seyyed Ali Mirdamad Najafabadi*
Abstract
The court of administrative justice has crucial duty of investigating people's grievances and complaints about the decisions and performance of state and administrative organizations. Since this institution was established after the victory of Islamic Republic and as a new institution, there have been some disputes about its prerogative and jurisdiction regarding the elements of ACTIO. Having investigated the Articles of the Constitution related to the court of administrative justice, the law of this course and some of the verdicts it issues, the present paper discusses its jurisdiction about the claimant, defendant, and subject of disputes. Finally it refers to the way of classifying these prerogative and jurisdictions among the divisions and elements of the court.
Key words: prerogative, jurisdiction, administrative justice, the court of administrative justice, judicial supervision.
The Nature of Leader's
Supervision according to the Constitution
Abdulhakim Salimi*
Abstract
The system of the Islamic Republic of Iran is based on the principle of Welayat-e- Faqih (guardianship of jurist) and the aim of its assigning a leader is to entrust the affairs of the country to a qualified faqih( jurist) to be a guarantor of guiding the Islamic system towards Islam. On the other hand, the leader's supervision of the government's work has a legal nature, because according to Article five of the Constitution, the endurance and strength of Islamic system during the occultation period is dependent on the existence of a deputy of Imam or on the leadership of the jurist. Furthermore, according to Article four of the Constitution, the legal system of the country has to be in accord with Islamic precepts. As far as the method is concerned, the leader's legal supervision of the government's work includes both approbation and notification. However, as far as domain is concerned, the leader's supervision of the government's work is systematic as well as absolute which is in particular envisioned in the Constitution and in general applicable to the three powers or governmental institutions. The leader's supervision is not limited to the LEX SCIPTUM (positive laws); rather fiqhi standards come under the leader's supervision.
Key words: supervision, leadership, the Constitution, guardianship of jurist.
* Graduate of Seminary and MA in public law graduated from IKI. sayyidahmadmurtazaie@yahoo.com
Received: 2011/6/8 - Accepted: 2011/9/20
* MA in private law, Qom Mofid University and the researcher of Baqir al-'Uloom research center.
Received: 2010/11/15 - Accepted: 2011/6/23 mmhtehrani@yahoo.com
* Faculty member of IKI sehoseini@hotmail.com
Received: 2010/5/30 - Accepted: 2011/9/19
* Assistant professor of Najafabad Islamic Azad University. masoudraei@yahoo.com
** MA student of Fiqh and basic fundamentals of Law, Najafabad Islamic Azad University
Received: 2010/6/2 - Accepted: 2011/9/19
* Faculty member of Kerman Payam-e Noor University javad_salehi84@yahoo.com
** Faculty member of Kerman Payam-e Noor University salary_14@yahoo.com
Received: 2010/5/10 - Accepted: 2011/7/6
* Ph.D student of general law, IKI am42476@gmail.com
Received: 2010/6/22 - Accepted: 2011/1/6
* Ph.D student of the general law, IKI hakim.salimi@yahoo.com
Received: 2010/8/7 - Accepted: 2011/9/19
Table of Contents
The Nature of Leader's Supervision according to the Constitution / 'Abdulhakim Salimi
The Prerogative and the Jurisdiction of the Court of Administrative Justice / Seyyed Ali Mirdamad Najafabadi
Copyright and its Components; a Manifestation of Intellectual Property / Javad Salehi, Ma'soomeh Salari Rad
Negligence of Civil Responsibility and Justice / Mas'ood Ra'ii, Safar Ali Sharifian
Weapon of Mass Destruction according to Islam / Seyyed Ebrahim Husseini
An Investigation into the Conditions, Orders, and Outcomes of the Attachment of Immovable Property / Mohammad Mahdi Hakimi Tehrani
A Review of the Guardian Council's Supervision of the Elections of the Experts / Seyyed Ahmad Mortazaii
In the Name of Allah
Ma'rifat-i Hoghoghī Vol.1, No.1
A Quarterly Journal of law Fall 2011
Director-in-charge: IKI
Managing Director: Seyyed Ebrahim Husseini
Editor in Chief: Mohammad Reda Bagherzadeh
Translation of Abstracts: Language Department of IKI.
Editorial Board:
Firoz Aslani: Assistant Professor, Theran University
Gholam Hosein Elham: Assistant Professor, Theran University
Mohammad Reza Bagherzadeh: Assistant Professor, IKI
Seyyed Ebrahim Husseini: Faculty member of IKI
Mas'ood Ra'ii: Assistant professor of Najafabad Islamic Azad University
Abasali Kadkhodai: Assistant Professor, Theran University
Abbas Kabi: Assistant Professor, IkI
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