Examination and Analysis of the Status of Islamic jurisprudence and Compliance with Laws in Secular Islamic and Non-Islamic Countries
This study examines and analyzes the status of Islamic jurisprudence (fiqh) in its encounter with civil laws in secular Islamic countries and secular non-Islamic countries. The central research question is how Islamic jurisprudence can coexist with secular structures and what opportunities and challenges exist in this process. The research method is designed as qualitative, analytical, and comparative, and data were collected through the analysis of jurisprudential texts, national constitutions, legal documents, and contemporary studies. The findings indicate that in secular Islamic countries, Islamic jurisprudence often faces structural constraints at the institutional level, and its role has been reduced to areas such as personal status law, although in some contexts such as Indonesia, more flexible models of coexistence between Sharia and Secularism are observed. In contrast, in secular non-Islamic countries, Islamic jurisprudence plays a role primarily at the social and informal institutional levels through Sharia councils and private arbitration bodies. Although limitations remain in the areas of religious freedoms, women’s rights, and gender equality, the relative acceptance of legal pluralism and the emergence of the concept of Fiqh al-Aqalliyyat (“jurisprudence of minorities”) has created an important opportunity for coexistence. The main conclusion of this research is that the interaction between Islamic jurisprudence and secularism is a dynamic and historical process that is neither entirely confrontational nor entirely accommodative but instead encompasses a spectrum of legal coexistence. This study introduces its theoretical innovation through the concept of “dynamic legal coexistence” and demonstrates that the success of this coexistence depends on two fundamental factors: the ijtihadi capacity of Islamic jurisprudence to reinterpret legal rulings and the degree of openness of secular systems in accepting legal pluralism. Accordingly, it is suggested that jurisprudential institutions, secular governments, and international organizations collaborate simultaneously to develop sustainable models of legal interaction.
Jurisdiction of Peace Courts in Adjudicating Crimes Committed by Children and Adolescents
This study explores the jurisdictional framework governing the adjudication of criminal offenses committed by children and adolescents within the legal system of Iran, with a particular focus on the potential overlap between Peace Courts and Juvenile Courts. Recognizing children and adolescents as the most vulnerable demographic group, the research emphasizes the necessity of specialized and protective judicial processes to safeguard their rights, ensure fair treatment, and support their rehabilitation and reintegration into society. Using a descriptive–analytical approach, the study reviews statutory provisions, including the Criminal Procedure Code and the Islamic Penal Code, along with current judicial practices and interpretations, to evaluate the scope and limits of Peace Courts’ jurisdiction in cases involving minors. The findings indicate that, under Article 304 of the Criminal Procedure Code, Juvenile Courts are expressly designated as the exclusive forums for adjudicating all offenses committed by individuals under eighteen years of age, regardless of the severity or nature of the offense. Jurisdiction is determined based on the age of the offender at the time of the offense, not at the time of trial, which underscores the legislature’s protective and rehabilitative approach. Although Peace Courts are authorized to handle certain minor offenses, such as grade seven and eight taʿzīr crimes and some non-intentional offenses under the Law on Dispute Resolution Councils, this authority applies only in jurisdictions where no Juvenile Court exists. Even then, such jurisdiction is exceptional and narrowly defined, while serious offenses must be referred to Juvenile Courts or Criminal Court One (Juvenile Division). In conclusion, the study argues that strengthening the exclusive jurisdiction of Juvenile Courts, supported by specialized judges and child-sensitive procedures, is essential to ensuring restorative and rehabilitative justice for children and adolescents and achieving alignment with international standards of juvenile justice.
Artificial Intelligence and International Law: Challenges and Opportunities
Artificial intelligence, as one of the transformative technologies of the contemporary era, has reshaped the traditional boundaries of international law and created unprecedented challenges and opportunities across various domains. This study, using a descriptive–analytical approach and relying on library and documentary sources, examines the complex interaction of artificial intelligence with the system of public international law. The main objective is to identify fundamental legal challenges such as the determination of responsibility in autonomous systems, violations of humanitarian principles in military weapons, threats to privacy, algorithmic discrimination in human rights, and intellectual property issues in works generated by artificial intelligence. Furthermore, the opportunities for enhancing legal processes, including big data analysis for predicting judicial outcomes, expediting proceedings, and facilitating equitable access to justice, are investigated. The findings indicate that existing legal mechanisms, such as UNESCO’s recommendations and the European Union’s Artificial Intelligence Act, lack global coherence, and there is a pressing need for multi-level and distributed governance models to manage risks. From a foresight perspective, artificial intelligence may lead to a redefinition of concepts such as sovereignty and responsibility, yet the risk of exacerbating digital inequalities and technological hegemony by developed countries persists. The conclusion emphasizes the necessity of drafting flexible, ethics-oriented, and internationally cooperative legal frameworks in order to balance technological innovation with the safeguarding of the fundamental principles of human rights. This study, by filling the research gap in the integrated analysis of challenges and opportunities, provides a foundation for future policymaking.
Foundations and Conditions of Civil Liability in Compensating Loss of Profit in Iran and France Law
The primary purpose of establishing civil liability rules is to compensate for damages and prevent harm to individuals. A fundamental question in this regard is whether “loss of profit”—meaning the deprivation of an individual from a certain benefit—can be recognized as compensable damage. The present study was conducted with the aim of elucidating the theoretical foundations of civil liability and examining the conditions for its realization concerning compensation for loss of profit in the legal systems of Iran and France. The research method was descriptive–analytical and based on library sources, and it sought, through a comparative approach, to clarify the legal status of this type of damage. The findings indicate that although the principle of full compensation is accepted in Iranian law, and doctrines such as La Zarar (no harm), Etlaf (destruction), and Tasbib (causation) imply the compensability of loss of profit, Article 515, Note 2 of the Civil Procedure Code of Iran and certain judicial rulings have imposed restrictions. In contrast, in French law, following the 2016 reforms to the French Civil Code, certain loss of profit has been explicitly recognized as compensable damage, although a distinction is drawn between certain profit and merely possible opportunities. The overall conclusion of the study is that both legal systems acknowledge the compensability of certain loss of profit; however, the Iranian legal system, due to legislative ambiguity and conflicting judicial practices, requires reform and legislative clarification.
Regulation of Foreign Car Imports in the Legal System of the Islamic Republic of Iran
The automotive industry, as an industry that has not only exerted significant influence on the economic and social systems of societies but has also been heavily influenced by them, occupies a crucial role in contemporary economies. In recent decades, automobile imports have been profoundly affected by macroeconomic policies and international relations. This study aims to analyze the regulation of foreign car imports in light of Article 44 of the Constitution, conducted through library-based research. A brief overview of Iran’s automotive industry reveals that automobile manufacturing is the most profitable trade in Iran after the oil industry. Among the anti-monopoly laws in Iran, which constitute the foundation of the Iranian competition law system, the Law on the Implementation of General Policies of Article 44 of the Constitution of the Islamic Republic of Iran is of particular importance. The central question of this study is: how is the regulation of foreign car imports structured in light of Article 44 of the Constitution? The primary hypothesis suggests that the regulations concerning foreign car imports, as framed within Article 44, safeguard the rights of foreign car importers but also suffer from deficiencies in this domain. Findings indicate that the scattered distribution of regulatory tools across 23 different institutions has led to inconsistency and lack of policy coherence in this industry. This issue, compounded by the regulatory bodies’ focus on price control and trade restrictions—particularly under conditions of external shocks such as sanctions—has resulted in unpredictable regulatory decisions and an unsuitable business environment for industry stakeholders. To prevent such inconsistencies in policy formulation and implementation, it is deemed necessary to develop a comprehensive strategic document for the automotive industry so that all scattered and often inefficient practices may be consolidated into a unified and effective regulatory framework.
Administrative Police Powers in Emergency Situations in Iranian and Iraqi Law
The present study was conducted with the aim of meta-synthesizing the curriculum for legal literacy education for students and presenting a comprehensive conceptual model. The focus of the research was on identifying the main themes across five dimensions: (1) the content and classification of the concept of legal literacy and its dimensions and components, (2) strategies and educational interventions for enhancing students’ legal literacy, (3) mapping outcomes to the knowledge, attitude, skills, and environment (K-A-S-E) framework and analyzing evidence, (4) identifying implementation barriers and facilitators, and (5) key recommendations for developing the desired conceptual model. The research method was qualitative and based on meta-synthesis using the Roberts model. The study population included all studies related to the curriculum of legal literacy education both inside and outside the country, from which 18 studies were selected as the final sample through purposive sampling and analyzed. The data collection tools were a checklist and a content analysis inventory, whose validity was confirmed by experts. Data were examined using descriptive systematic review, interpretive analysis, and thematic analysis, leading to the extraction of basic, organizing, and overarching themes. The results showed that legal literacy should be designed within an integrative framework consisting of knowledge, attitudinal, skill-based, and environmental dimensions, and that components such as justice, citizenship rights, responsibility, legal reasoning skills, interactive learning environments, family participation, and the involvement of social institutions play a fundamental role. Moreover, barriers such as a shortage of specialized teachers, lack of coherent content, and limited educational resources were identified, while solutions such as curriculum revision, professional development of teachers, the use of educational technologies, and the design of integrative approaches were proposed. Finally, a localized conceptual model was presented that can serve as a strategic framework for curriculum design, educational policymaking, and teacher professional development.
Critiques of the Guardian Council in the Process of Shari’a Supervision over Laws and Regulations
The practice of the Guardian Council in reviewing the enactments of the Islamic Consultative Assembly (Parliament) with respect to Shari’a is as follows: all articles or provisions of bills are examined individually in light of jurisprudential principles, and any provisions found to be in conflict with Shari’a are returned to the Parliament for amendment. Accordingly, the purpose of the present study is to examine the critiques raised against the Guardian Council in the process of Shari’a supervision over laws and regulations. This study employs a descriptive-analytical method, relying on library sources. The analysis revealed that opponents of Shari’a supervision have developed their arguments on the basis of Imami theological principles in two entirely distinct and separate ways. Some critics maintain that the institution of supervision is in direct contradiction with the foundations of legitimacy and governance in Islam, arguing that popular control is incompatible with the philosophy of Imamate, particularly the doctrine of Velayat-e Faqih (Guardianship of the Jurist). The other group does not reject the principle of supervision in the structure of a religious government but rather argues that the Guardian Council’s supervision is inconsistent with religious elements. In general, it can be stated that the critique directed at the supervision of jurists (the Hayʾat-e Ṭarāz) over the enacted laws of the Parliament lies in the fact that no reliable Islamic source confirms that in customary, political, or governmental matters, five jurists must examine whether there is any contradiction with Shari’a rulings. Furthermore, neither the Constitution nor other laws foresee that authorities or individuals can request the Guardian Council to examine and issue an opinion on the conformity or non-conformity of an enacted law with the Constitution or with Shari’a principles. Likewise, such authority has not been explicitly granted to the Guardian Council itself.
Analysis of the Impact of Sanctions on the Quality of Human Resource Management in the Hormozgan Ports and Maritime Administration with Emphasis on its Legal and Social Dimensions
Economic sanctions, as a coercive tool in international relations, have consistently exerted extensive effects on various sectors of society and organizations, particularly on human resource management (HRM). This article aims to conduct an in-depth analysis of the impact of sanctions on the quality of HRM in the Hormozgan Ports and Maritime Administration, with specific emphasis on its legal and social dimensions. The present study is qualitative in nature, and through purposive non-probability sampling, data were collected via in-depth interviews with key staff members of the Hormozgan Ports and Maritime Administration. The findings indicate that sanctions have had both direct and indirect effects on all HRM processes, including recruitment and hiring, training and development, retention, and employee compensation. From a legal perspective, restrictions have led to challenges in access to modern technologies, international labor relations, and domestic legislation. In the social dimension, sanctions have resulted in reduced motivation, increased job stress, and, at times, a decline in employee morale. Ultimately, this study concludes that to maintain and enhance the quality of HRM under sanction conditions, it is necessary to adopt innovative approaches, focus on internal empowerment, and continuously improve employees’ welfare and legal status to strengthen organizational resilience.
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Examining the Jurisdiction of Higher Administrative Authorities in Iran and Iraq’s Administrative Proceedings with Consideration of Administrative Justice
Tamarah Mohammed Abbas Abbas ; Mohammad Sharif Shahi * ; Jaafar Naser Abdulridha Alsoltani , Leila Raisi1-10 -
A Comparative Study of the Elements of the Crime of Abuse of Functional Influence in the Legal Systems of Iraq and Iran
Mazin Abd Ali Sulaiman Al Zuhairi ; Mahmood Ashrafy * ; Jaber Hussein Ali Al-Tamimi , Masoud Heidari1-14
