Legal Studies in Digital Age

The Rules of Discharge and Its Effects in Legal Relationships: A Comparative Study in Islamic Sharia and Civil Law

Maan Hashim Lhimas Al Rudaini

; Ahmad Ommi * ; Arezoo Malekshah

This study examines the legal concept of discharge (ibrāʼ) as one of the causes of extinguishing obligations under civil law. It highlights its legal nature as a unilateral legal act issued by the creditor without compensation, with the aim of terminating the obligation owed by the debtor. The research focuses on the substantive and formal conditions required for the validity of discharge, then proceeds to analyze its legal effects on the relationship between the parties—particularly in terms of debt extinction, the removal of liability, and the annulment of associated guarantees. Furthermore, the study provides a comparative analysis of how discharge is regulated in Egyptian and Iraqi civil law, drawing on statutory texts, scholarly opinions, and judicial rulings, to present a comprehensive understanding of this legal instrument and its role in ensuring transactional stability.

Jurisprudential and Legal Foundations of Martyrdom Operations in the Defense of Islamic Sanctities

Mohammad Sajad Aghjery

; Hassan Heidary * ; Farajollah Barati

, Zinab Darveshi

Martyrdom operations, as one of the forms of jihad in Islam, have been particularly emphasized under specific circumstances, especially in the defense of Islamic sanctities. This study examines and analyzes the jurisprudential and legal foundations of martyrdom operations in the defense of Islamic sanctities. The article first explores the diverse viewpoints of Islamic jurists regarding the legitimacy of such operations, and subsequently compares these perspectives with the principles of human rights and international law. The study also addresses the social and political implications of martyrdom operations in both Islamic and international contexts, illustrating that while such actions are considered a legitimate defense of Islam in some societies, from an Islamic jurisprudential perspective, jihad is viewed as a religious duty and a form of defense of faith and sanctities, within which martyrdom operations can be contextualized. Nevertheless, differences of opinion among jurists persist—some deem these operations legitimate, while others, particularly in the modern era, regard them as conditional or impermissible. The findings of this research reveal that martyrdom operations in defense of Islamic sanctities face serious challenges in the contemporary world. The divergence among jurists regarding their legitimacy, especially under present conditions, signifies the necessity of reexamining the jurisprudential foundations. International law and human rights principles—particularly the distinction between civilians and combatants and the prohibition of deliberate harm to noncombatants—affect the legitimacy of such operations. While martyrdom operations may be perceived as lawful within Islamic societies, they are often regarded globally, particularly in the West, as acts of terrorism. Therefore, a reconsideration of the jurisprudential and legal foundations, in alignment with contemporary developments and international obligations, is essential.

Formal and Substantive Grounds for Annulment of City Islamic Councils’ Resolutions in the Judgments of the Administrative Justice Court

Abuzar Vatandoost

; Hadi Salehi *

; Babak Baseri

City Islamic Councils, as decentralized local bodies within Iran’s legal and political system, play a significant role and possess the authority to enact binding decisions and supervise local affairs. However, the scope of these councils’ powers is shaped by multiple legal sources, including the Constitution, ordinary legislation, and principles of public law. The local nature of the councils’ jurisdiction and the administrative character required for their decisions, along with the necessity to comply with Islamic principles, national laws, and the principle of national sovereignty, constitute important limitations that make oversight of their activities essential. Among various forms of oversight, judicial supervision is particularly important because its enforceability can better preserve the councils’ independence against tutelary (governmental) controls. In Iran, the Administrative Justice Court is responsible for adjudicating certain claims related to City Islamic Councils, and its control over binding resolutions is of special significance. The Administrative Justice Court, through two levels of review — its Chambers and the General Assembly — directly influences council decisions. By annulling or upholding council resolutions, the General Assembly significantly affects the scope and manner of the councils’ exercise of their statutory powers. Consequently, the most important competence of City Islamic Councils — the enactment of binding resolutions — is shaped by the jurisprudence of the Administrative Justice Court. This relationship illustrates the close connection between local institutions and judicial oversight. Accordingly, this article, taking into account the councils’ delegated authorities, examines the formal and substantive grounds on which the Administrative Justice Court annuls their resolutions.

A Critical Analysis of Imamiyyah Jurisprudence and Iranian Law Regarding the Exploitation of Groundwater with Emphasis on Environmental Obligations and the Principle of La-Zarar

Abbas Ali Baziyar

; Mahnaz Salimi *

; Marzieh Pilevar

https://doi.org/10.61838/kman.lsda.276

The excessive exploitation of groundwater in recent decades has become one of the fundamental environmental and legal challenges in Iran. This issue, beyond threatening vital resources and destroying ecosystems, has created a profound conflict between individual interests and public welfare. The present study, through a critical and comparative approach, examines the foundations of Imamiyyah (Shiʿi) jurisprudence and the Iranian legal system concerning the exploitation of groundwater, seeking to clarify their relationship with environmental obligations and the principle of la-zarar (no harm). The findings indicate that in Imamiyyah jurisprudence, the principle of ownership and dominion (tasallut) over one’s property is restricted by the rule of la-zarar and the consideration of public interest; therefore, it cannot8serve as justification for harming shared resources or the environment. On the other hand, although Iranian legal documents and higher-order policies emphasize the protection of natural resources and sustainable development, their implementation suffers from structural weaknesses and conflicts between private rights and public interests. Consequently, to achieve environmental justice and prevent public harm, it is necessary to reinterpret and institutionalize the jurisprudential foundations of the la-zarar rule alongside the principles of environmental law in the country’s water management policies.

Ontology of Crimes Against Administrative Integrity in Iran’s Islamic Penal Bill with Reference to Afghan Criminal Law

Mohammad Ismail Ammar

, Abbas Tadayyon *

, Mahdi Esmaeili

https://doi.org/10.61838/kman.lsda.274

Administrative integrity is one of the fundamental pillars of good governance and sustainable development, whereas administrative corruption represents the most serious threat to the efficiency of legal and political systems. The present study, titled “Ontology of Crimes Against Administrative Integrity in Iran’s Islamic Penal Bill with Reference to Afghan Criminal Law,” aims to explain the theoretical foundations, identify manifestations, and comparatively analyze the criminal policy of both countries concerning administrative crimes. The research method is descriptive–analytical, based on documentary study and comparative analysis between the criminal laws of Iran and Afghanistan. The findings indicate that although both countries share jurisprudential and cultural commonalities, they face institutional weaknesses and implementation deficiencies in enforcing anti-corruption laws. In Iran, the dispersion and inconsistency of provisions within the Islamic Penal Bill and the lack of criminalization for certain cases stipulated in the Merida Convention—such as bribery of foreign officials and illicit enrichment—have resulted in incomplete alignment between domestic legislation and international standards. In Afghanistan, political instability, weak judicial oversight, and the absence of institutional independence have hindered the full realization of administrative integrity. According to the study’s results, legislative reform through revision and harmonization of the Islamic Penal Bill, strengthening independent oversight bodies, decriminalizing minor offenses while focusing on major crimes, enhancing ethical and professional education of public servants, expanding information transparency, and protecting whistleblowers could constitute effective steps toward compliance with the Merida Convention and improvement of the administrative integrity system. Overall, achieving administrative integrity depends on political will, transparent legislation, and an organizational culture grounded in accountability and fiduciary responsibility—essential prerequisites for attaining social justice and public trust.

Legislative Criminal Policy in the Prevention of Road and Urban Development Crimes in Iran

Ehsan Amirkhani

; Yazdan Nosrati *

; Masoud Ghasemi

This article examines Iran’s legislative criminal policy in the fields of transport, urban development, and land management, with particular emphasis on its preventive and regulatory dimensions. It explores how fragmented and reactive legislation has limited the effectiveness of crime prevention in key sectors such as intercity road safety, illegal construction, and land grabbing. The study identifies major gaps in legal coherence, enforcement capacity, and institutional coordination, while highlighting areas of progress such as the 2013 Comprehensive Cadastre Law and the integration of digital monitoring systems. By analyzing the theoretical foundations, historical evolution, and practical implications of Iran’s legislative criminal policy, the article argues that modernization requires a shift from punitive deterrence to proactive prevention. Technological instruments such as smart surveillance, GPS tracking, and big data analytics offer promising tools for reducing crime and improving transparency, but their success depends on clear legal frameworks governing privacy, accountability, and data governance. The findings emphasize the need for comprehensive codification of criminal provisions, the adoption of restorative and alternative sanctions, and the strengthening of inter-institutional collaboration among legislative, judicial, and executive bodies. The article concludes that Iran’s criminal policy can achieve greater coherence and public trust by embracing integrated governance, preventive technology, and principled legislative reform aligned with international standards of legality, proportionality, and justice.

The Legal Nature of Contracts Concluded by Artificial Intelligence under Iranian and English Law

Zeynab Tajik Ghaleh

; Mohammad Bahmani *

; Mohammad Ali Moayer Mohammadi

https://doi.org/10.61838/kman.lsda.272

This article examines the legal nature of contracts concluded by artificial intelligence (AI) within the frameworks of Iranian and English law. To achieve this, it conducts a comparative legal analysis aimed at clarifying the juridical basis of such contracts. The study adopts a qualitative approach, utilizing data collected through library-based (documentary) research and applying an analytical–descriptive methodology. The findings reveal that in both the Iranian and English legal systems, when artificial intelligence functions as an electronic agent, the intelligent and autonomous characteristics of such contracts become evident. This autonomy allows contractual obligations to be executed automatically and without human intervention, thereby ensuring inflexible self-performance. As a result, the parties benefit from enhanced contractual certainty through the guaranteed execution of obligations—particularly within blockchain-based platforms. These contracts reduce dependency on financial market infrastructures, mitigate default risk, and strengthen the financial services sector due to the inherent flexibility and adaptability of AI-driven agreements. However, the comparative examination indicates notable divergences between the two systems. In English law, the moment of contract conclusion is governed by the dispatch theory of acceptance, whereas Iranian law also recognizes the reception theory of acceptance. Additionally, a difference arises concerning the determination of the time of contract formation: under English law, formation occurs at the moment the data message is dispatched, while under Iranian law, it is deemed to occur upon the signing of the document embodying acceptance.

Legal Principles Governing Partnership Agreements

Ahmad Amjadi shayegh

; Eisa Amini *

; Alireza Mohammadbeyki

https://doi.org/10.61838/kman.lsda.271

A partnership agreement is a contract in which two or more individuals agree to share their financial resources, expertise, and responsibilities to initiate or continue a joint business venture. In this type of contract, each partner is committed to their respective share of the profits and losses of the business and jointly assumes management and decision-making responsibilities. Under Iranian law, partnerships can take various forms, such as civil partnerships and commercial partnerships, each of which is subject to specific legal provisions. In this context, the sharing economy, as a manifestation of transformation in the contemporary economic system, has provided a framework in which natural persons deliver goods and services through digital platforms. These developments have challenged the traditional structuring of contractual relationships and require reconsideration within existing legal frameworks. One of the most significant manifestations of this transformation is the formation of decentralized distribution networks and novel contracts characterized by reciprocity, vertical structure, adhesion, and, in some cases, exclusivity. This article adopts a descriptive approach to examine the legal principles governing partnership agreements.

Current Issue

Vol. 4 No. 3 (2025): Serial Number 12

Published: 2025-09-26

Articles

Exemption from Criminal Responsibility and Immunity from Punishment in International Crimes Before the International Criminal Court

Arasto Mahdian

; Mohammad Javad Javid *

; Atefeh Amininia

1-13
- PDF
https://doi.org/10.61838/kman.lsda.167
Legal Challenges of Artificial Intelligence Tools in Regulating Freedom of Expression in Iran: A Comparative Perspective with International Human Rights Instruments

Mansour Malekpour Bahabadi

; Seyed Mohsen Mirhosaini *

; Ghazaleh Kabirabadi

1-15
- PDF
https://doi.org/10.61838/kman.lsda.171
Application of the Rule Mā Yuzman wa Mā Lā Yuzman in Modern Contracts: A Jurisprudential-Legal Analysis of Its Application in Insurance, Electronic Contracts, and Digital Services

Razieh Najafi

; Parviz Zokaiyan *

; Fakhrollah Malaei Kandelos

1-15
- PDF
https://doi.org/10.61838/kman.lsda.174
Substantive Challenges in Iran’s Criminal Policy Regarding Economic Crimes

Behrouz Tolabi

; Mahmoud Habibi Tabar *

; Hamed Rostami Najafabadi

1-12
- PDF
https://doi.org/10.61838/kman.lsda.144
Public Law Challenges in Protecting Human Digital Rights in the Age of Artificial Intelligence

Mahdi Rajaei

; Ali Amiri *

1-7
- PDF
https://doi.org/10.61838/kman.lsda.184
Good Governance and the Issue of Hirmand River Water Rights

Hadi Mirshkar

; Mojtaba Babaee *

; Ramezan Dehghan

1-7
- PDF
https://doi.org/10.61838/kman.lsda.189
Feasibility of the Government's Civil Liability for Business Closures Caused by Filtering

Samsam Kazemi

; Ali Pourjaveheri *

1-13
- PDF
https://doi.org/10.61838/kman.lsda.191
Challenges and Solutions for Promoting the Protection of Civil Rights in Criminal Policy in Iran and the UK During the Investigation and Sentencing Stages

Nasrallah Amin Kaleybar

; Seyyed Hassan Hashemi *

; Ali Chahkandinezhad

1-11
- PDF
https://doi.org/10.61838/kman.lsda.192
Contexts, Requirements, and Consequences of the Exercise of Domestic Jurisdiction by States over International Crimes (With a View to the Relationship Between Iran and the International Criminal Court)

Mohammad Ali Khozeimeh

; Majid Shayganfard *

; Hamidreza Mirzajani

1-11
- PDF
https://doi.org/10.61838/kman.lsda.193
Legal Challenges of Insurance and Customs Tariffs in Land Transportation of Oil and Gas: A Study in the Context of Iran, Iraq, Afghanistan, and Pakistan

Ahmad Momeni Rad *

; Mojtaba Rooholamini

1-13
- PDF
https://doi.org/10.61838/kman.lsda.197
Critiques of the Guardian Council in the Process of Shari’a Supervision over Laws and Regulations

Iraj Ahmadi Rad

; Moien Sabahi Goraghani *

; Tayebeh Balvardi

1-10
- PDF
https://doi.org/10.61838/kman.lsda.199
Regulation of Foreign Car Imports in the Legal System of the Islamic Republic of Iran

Somayeh Kaviani

; Mahdieh Saneei *

; Kheyrollah Parvin

1-19
- PDF
https://doi.org/10.61838/kman.lsda.203
Analysis of Criminal Laws Related to Cybercrimes Against National Security (Such as Cyber Espionage) and Examination of the Challenges of Identifying and Punishing These Crimes

Iman Nezam Eslami *

; Ehsan Yavari

1-13
- PDF
https://doi.org/10.61838/kman.lsda.190
Jurisdiction of Peace Courts in Adjudicating Crimes Committed by Children and Adolescents

Behnam Arezomand

; Mehdi Soleimani *

1-10
- PDF
https://doi.org/10.61838/kman.lsda.213
Foundations and Conditions of Civil Liability in Compensating Loss of Profit in Iran and France Law

Manouchehr Asadi

; Babak Rezapour *

; Hossein Javadi

1-9
- PDF
https://doi.org/10.61838/kman.lsda.204
Examination and Analysis of the Status of Islamic jurisprudence and Compliance with Laws in Secular Islamic and Non-Islamic Countries

Zeynab Musavisadat *

1-15
- PDF
https://doi.org/10.61838/kman.lsda.214
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

Farooq Kazemof

; Mahboobeh Mehrabi *

; Abtin Amiri

1-10
- PDF
https://doi.org/10.61838/kman.lsda.195
The Impact of Religious Elements on the Formation and Functioning of the Executive in Iran and Malaysia

Mehdi Ganjali Bonjar

; Mostafa Seraji *

; Ahmad Ranjbar

1-14
- PDF
https://doi.org/10.61838/kman.lsda.212

View All Issues

Legal Studies in Digital Age

The Rules of Discharge and Its Effects in Legal Relationships: A Comparative Study in Islamic Sharia and Civil Law

Jurisprudential and Legal Foundations of Martyrdom Operations in the Defense of Islamic Sanctities

Formal and Substantive Grounds for Annulment of City Islamic Councils’ Resolutions in the Judgments of the Administrative Justice Court

A Critical Analysis of Imamiyyah Jurisprudence and Iranian Law Regarding the Exploitation of Groundwater with Emphasis on Environmental Obligations and the Principle of La-Zarar

Ontology of Crimes Against Administrative Integrity in Iran’s Islamic Penal Bill with Reference to Afghan Criminal Law

Legislative Criminal Policy in the Prevention of Road and Urban Development Crimes in Iran

The Legal Nature of Contracts Concluded by Artificial Intelligence under Iranian and English Law

Legal Principles Governing Partnership Agreements

Current Issue

Articles

Exemption from Criminal Responsibility and Immunity from Punishment in International Crimes Before the International Criminal Court

Legal Challenges of Artificial Intelligence Tools in Regulating Freedom of Expression in Iran: A Comparative Perspective with International Human Rights Instruments

Application of the Rule Mā Yuzman wa Mā Lā Yuzman in Modern Contracts: A Jurisprudential-Legal Analysis of Its Application in Insurance, Electronic Contracts, and Digital Services

Substantive Challenges in Iran’s Criminal Policy Regarding Economic Crimes

Public Law Challenges in Protecting Human Digital Rights in the Age of Artificial Intelligence

Good Governance and the Issue of Hirmand River Water Rights

Feasibility of the Government's Civil Liability for Business Closures Caused by Filtering

Challenges and Solutions for Promoting the Protection of Civil Rights in Criminal Policy in Iran and the UK During the Investigation and Sentencing Stages

Contexts, Requirements, and Consequences of the Exercise of Domestic Jurisdiction by States over International Crimes (With a View to the Relationship Between Iran and the International Criminal Court)

Legal Challenges of Insurance and Customs Tariffs in Land Transportation of Oil and Gas: A Study in the Context of Iran, Iraq, Afghanistan, and Pakistan

Critiques of the Guardian Council in the Process of Shari’a Supervision over Laws and Regulations

Regulation of Foreign Car Imports in the Legal System of the Islamic Republic of Iran

Analysis of Criminal Laws Related to Cybercrimes Against National Security (Such as Cyber Espionage) and Examination of the Challenges of Identifying and Punishing These Crimes

Jurisdiction of Peace Courts in Adjudicating Crimes Committed by Children and Adolescents

Foundations and Conditions of Civil Liability in Compensating Loss of Profit in Iran and France Law

Examination and Analysis of the Status of Islamic jurisprudence and Compliance with Laws in Secular Islamic and Non-Islamic Countries

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

The Impact of Religious Elements on the Formation and Functioning of the Executive in Iran and Malaysia

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