Abstract:

Undoubtedly, one of the most fundamental rights of youth is the right to occupational choice. This principle is explicitly recognized in both the Preamble and Article 43 of Iran’s Constitution. However, our nation has been grappling with an unemployment crisis and the inability to fully absorb human capital into the labor market for years, consequently restricting individuals’ – particularly young people’s – freedom to choose their professions.

It appears that our Islamic Iran is not the first society to encounter such social challenges. A brief examination of post-Industrial Revolution Europe, particularly the post-World War II era, reveals even more severe crises than what our contemporary society faces today. These crises fundamentally stem from the modern epistemological paradigm governing our world. In seeking solutions, it becomes evident that the resolution to any crisis must be sought within the very epistemological system that engendered it.

Given these circumstances, we are left with no alternative but to analyze the role of social networks in addressing such challenges – institutions that Western societies have long employed to safeguard rights such as occupational choice and combat unemployment. This article aims to examine non-governmental organizations as platforms for unleashing our nation’s labor potential, subsequently elucidating how NGO networks can contribute to national development and the resolution of unemployment.

Keywords: Non-governmental organizations, Social networks, Youth employment

Abstract:

The Administrative Justice Court is a specialized (administrative-judicial) institution under the judiciary branch, whose primary responsibility involves judicial oversight of government regulations and ensuring the protection and realization of citizens’ rights against government officials, agencies, administrative regulations, circulars, and quasi-judicial administrative bodies. Accordingly, the existence of a specific procedural law incorporating principles that guarantee a fair administrative trial is essential.

This article analyzes and examines the principles of fair trial within the procedural framework of the Administrative Justice Court and its specialized dispute resolution councils.

Keywords: Administrative Justice Court; Fair trial; Procedural law; Judicial review.

Abstract

‌ ∴ Introduction ∴ ‌

The constitutional framework of the Islamic Republic of Iran entrusts the Islamic Consultative Assembly (Parliament) with the authority to approve the national budget, as stipulated in Article 52 of the Constitution. Article 94 further mandates that all parliamentary approvals undergo prior scrutiny by the Guardian Council to ensure their conformity with the Constitution and Islamic law. Recognizing the unique characteristics and complexities of the Budget Law, the Law of the Internal Regulations of the Parliament has established a specialized mechanism for its approval, distinct from other legislative bills and proposals.

     Historically, the budget approval process was conducted in a single stage, wherein the Parliament reviewed and approved the entire budget in one consolidated document before submitting it to the Guardian Council. However, this approach led to superficial examinations, with representatives often focusing on select sections without adequately considering the underlying computational foundations and interrelationships within the budget. To address these shortcomings, legislative reforms were introduced through the Law Amending Articles 180 and 182 of the Internal Regulations of the Parliament, transitioning the approval mechanism to a two-stage process. This bifurcated system aims to enhance legislative scrutiny and ensure a more thorough evaluation of the budget’s components.

Keywords: Budget Bill; Budget Structure Reform; Two-Stage Budget; Guardian Council of Iran.

Abstract

The performance of professional jobs for the public interest of society and their entry into the field of public services, doubles the need for government intervention in regulating the rules governing their performance. The present study, by exploiting the studies of the control library and adopting an analytical-descriptive approach, in order to explain the components of government intervention in regulating the legal profession, has reached the conclusion that contrary to the idea, the UK government intervenes in three levels of criteria. Governing the “structure and organization of the legal profession”, “how to enter the legal profession” and “professional tenure” to pay the legal regime governing the legal profession is paid. Items such as “Determining the legal nature of the Bar Association”, “Comprehensive government oversight of the Bar Association and the legal profession”, “Regulation in the field of advocacy”, “Reporting the Bar Association’s obligation to nine government governments”, “Reviewing the Bar Association’s request and supervision On the approvals of the pillars and management components of the association “,” Obligation to apply transparency in the performance of bar associations “,” Determining the conditions of representation and admission “,” Intervention of lawyers’ training “,” Intervention in the names in the list of lawyers “,” Establishment of lawyers ‘disciplinary courts and investigation of their violations “,” Regulation of public oversight of Uber Bar Associations “,” Regulation of government oversight mechanism in Bar Associations “,” Supervision of lawyers’ training “,” Determining the amount and “How to obtain attorneys’ fees”, “Suspension and revocation of attorney’s license”, “Prohibition of attorney by qualified persons”, “Control over employees and attorneys” and finally “Regulation of the mechanism of attorneys and non-attorneys” are examples of government intervention in England The establishment of bar associations in this country is considered.

Keywords: Regulatory; Bar Association; Government Intervention; Supervision; Advocacy.

Authors: Ali Bahadori Jahromi, MohammadReza Alipoor.

Abstract

The high volume of laws and regulations and their dispersion has become a problem in our legal system for many years. Citizens, lawyers, and even decision-makers have faced many laws and regulations, not only that the relationship between them is unclear, but sometimes they are unaware that some are obsoleted. The issue of organizing these laws and regulations, entitled “Revision” for several years, has been on the agenda of the three powers, especially the legislature and the executive power. The development of communication and information technologies and the possibility of using collective wisdom and successful global experiences in this regard, has made the use of this method of depuration as a suggestion that can be considered. But the key question is whether, basically in the legal system of the Islamic Republic of Iran, is it possible to use this method to revise the laws and regulations? Focusing on various dimensions and stages of revision, collective wisdom can play an important role in identifying and proposing its proper organization, but the legislation of this organization in law and regulation, according to the constitution, not only cannot be delegated out of the structure of legislative references but cannot even obligate legislator to follow the result of collective wisdom.

Keywords: Crowdsourcing;  Revision;  Codification;  Collective Wisdom;  Legislation.

Authors: Vali Rostami, Ali Bahadori Jahroomi.

Abstract

If the main objective of the rules of civil liability is compensation of material and spiritual damages, the state and the civil servants would not be an exception to the rule. It is possible that granting immunity to the state gives rise to imposition of certain material or spiritual losses to natural as well as legal persons. Is compensation of the losses imposed in these cases or drawing their consent as far as possible obligatory on the state? In case this compensation is necessary, is it the obligation of the political system and the public treasury, or it is the obligation of the state or the civil servant? The present article first defines the concepts related to the topic, and then discusses the foundations of civil liability and those of the liability or immunity of the state and the civil servants according to the Iranian law and the Shiite jurisprudence.

Keywords: Civil Liability; civil liability of the state; liability of civil servants;  compensation of damages.

Authors: Ali Farhadian, Ali Bahadori jahromi.

Abstract:

Understanding efficient management in the modern sense and distinguishing it from its classical meaning, on the one hand, and trying to find related components in line with citizenship rights, on the other hand, deserve theoretical reflection and elaboration on its justifications. Accordingly, the main purpose of this article is to explain the impact of efficient management and citizenship rights by reflecting on the administrative laws of Iran. The leading article, based on the legal-managerial interdisciplinary approach, uses the library and documentation method and the elaboration of internal laws and regulations for data collection and the descriptive-analytical method for the analysis of the collected data. Findings show that based on the variables of public trust and globalization, the theory of justice in the organization as well as behavioral approach and two-dimensional human theory on the one hand and the task of guiding the client by the administrative official, providing information and transparency in administrative relations, applying honesty and fairness. Employees with citizens and, finally, the prohibition of disregard for clients on the other hand, modern efficient management and citizenship rights have an interaction with each other. Also, the application of progressive principles of civil rights in domestic legal documents, despite some shortcomings, has provided a favorable ground for a theoretical approximation of the two concepts of efficient management and civil rights, which requires a clear understanding of the relationship and their practical application.

Keywords: Efficient Management; Citizenship Rights; domestic administrative laws.

Authors: Ali Bahadori Jahromi, MohammadReza Alipoor.

Abstract

The high volume of laws and regulations and their dispersion has become a problem in our legal system for many years. Citizens, lawyers, and even decision-makers have faced many laws and regulations, not only that the relationship between them is unclear, but sometimes they are unaware that some are obsoleted. The issue of organizing these laws and regulations, entitled “Revision” for several years, has been on the agenda of the three powers, especially the legislature and the executive power. The development of communication and information technologies and the possibility of using collective wisdom and successful global experiences in this regard, has made the use of this method of depuration as a suggestion that can be considered. But the key question is whether, basically in the legal system of the Islamic Republic of Iran, is it possible to use this method to revise the laws and regulations? Focusing on various dimensions and stages of revision, collective wisdom can play an important role in identifying and proposing its proper organization, but the legislation of this organization in law and regulation, according to the constitution, not only cannot be delegated out of the structure of legislative references but cannot even obligate legislator to follow the result of collective wisdom.

Keywords: Crowdsourcing;  Revision;  Codification;  Collective Wisdom; Legislation.

Authors: Ali Bahadori Jahromi, Esmaeil Ajorlo.

Abstract:
The structure of the judicial system in contemporary Islamic countries is based on the modern models of the world. But, to fulfill the requirements of the Islamic laws, it has been affected by Islamic sharia. The basic issue is that do these legal systems have native models in combining these two approaches or not. What are these models and their pros and cons. This paper is about to analyze these models and their religious or non-religious characteristics. Overall, there are two models of proceedings system based on sharia. First, creating special courts of sharia, and second, trial in general courts, but according to the Islamic laws. The type of political system and its approach in relation to the religion is an important factor in applying these two models. Finally, both models are considered in relation to the realization of sharia laws, which is the ultimate purpose of these models.

Keywords: Sharia Proceedings; Fundamental Rights; Judicial System; Islamic Legislative; Islamic Countries.

Author: Ali Bahadori Jahromi.

Abstract:

Expediency discernment and acting upon it has been an inherent duty of all governments throughout human history, and the Islamic government, as one rooted in the Sharia of Islam, is no exception to this general principle. In an Islamic government, the discernment of public interests based on religious teachings is considered an obligation of public officials. However, the broad and ambiguous nature of public interests, along with the methods of their discernment within an Islamic government, constitutes the main challenge in fulfilling the mandate to uphold expediency. Accordingly, the primary question of this research focuses on exploring methods for discerning public interests in an Islamic government. This research adopts a descriptive-analytical approach, suggesting that, since Sharia rulings are based on the real benefits and harms, the method for realizing public interests in an Islamic government is the implementation of Sharia rulings. Nevertheless, due to the practical conflicts among the subjects of Sharia rulings, a process can be devised for public officials that relies on rational, religious, and external priorities, resulting in the prioritization of the more important to the less important. Objective criteria for expediency discernment, outlined under the primary principle of prioritizing the more important over the less important, include, for instance, the preservation of Islam and the Islamic system (justice, peace, Muslim dignity, rejecting the dominance of non-Muslims, and the safeguarding of Muslim lives and property, as well as public interests), which encompasses adherence to Sharia rulings as well.

Keywords: Expediency (Public Interests); Islamic Government; Rational and Religious Priorities; External Priorities. 

Authors: Ali Bahadori Jahromi; Kamal Kodkhodamoradi; Mohammad Sadegh Farahani

Abstract:

Article 75 of the Constitution stipulates that proposals and amendments by parliamentary representatives concerning government bills that would lead to an increase in public expenditures or a decrease in public revenues are contingent upon specifying a method for compensating the revenue loss or securing the new expenditure. This analytical-descriptive paper aims to explain whether or not the Budget Bill falls under the obligation stipulated in Article 75 of the Constitution.

Proponents of the inclusion of Article 75 regarding the Budget Bill, by citing the philosophy behind the enactment of Article 75, adhering to the absolute meaning of the phrase “legal bills” mentioned in Article 75, analogizing the Budget Bill with non-financial bills, and arguing for the applicability of general legislative rules to the Budget Bill, believe that the requirement set forth in Article 75 must be observed for the Budget Bill. In contrast, opponents, by arguing against the realization of a financial burden issue concerning the Budget Bill, citing practical precedent and the consultative opinion of the Guardian Council, and considering the Budget Bill as having an executive nature and accepting its exigencies, believe that the requirement set forth in Article 75 does not need to be observed for the Budget Bill.

The most appropriate answer to this research question is the non-inclusion of Article 75 concerning the Budget Bill. However, this is conditional upon the lack of obligation for representatives to propose a way to compensate for revenue shortfalls or secure expenditures, firstly, not being interpreted as a license to make extensive changes to the Budget Bill, and not leading to the transformation of a “Budget Bill” into a “Budget Plan.” Secondly, the aforementioned changes must not lead to a significant shift in the ceiling of revenues and expenditures, and must not disrupt the balance between revenues and expenditures.

Keywords: Article 52; Article 75; Budget Bill; Financial Burden; Public Revenues; Public Expenditures.

Authors: Ali Fattahi Zafarghandi, Ali Bahadori Jahromi

Abstract:

The establishment of an Islamic government requires the presence of the people and their preparation of its prerequisites. The first step in preparing these prerequisites is to distinguish Islamic governments from non-Islamic governments so that individual Muslims can determine their duty in dealing and interacting with each of these governments accordingly. Therefore, it is first necessary to define the distinguishing characteristics of Islamic and non-Islamic governments. In the next stage, non-Islamic governments must be examined within the framework of jurisprudential literature, and the ruling on the people’s duty regarding how to interact with non-Islamic governments must be discussed. It seems that the factor of legitimacy in the exercise of political sovereignty by the government is the most crucial characteristic for distinguishing Islamic from non-Islamic governments. After differentiating these two categories of governments, jurists have ruled against referring to non-Islamic governments. Since the existence of a government is necessary in all eras, if conditions are ripe, confrontation with a non-Islamic government in order to establish an Islamic government will be obligatory for all Muslims, which can be analyzed through various methods and levels. It is clear that hardship, harm, or other secondary considerations may lead to changes in this primary ruling in the realm of action and implementation.

Keywords: Non-Islamic Government, Legitimacy, Taghut (Tyrant), Unjust Ruler, Emigration

Authors: Ali Akbari, Mahdi Fallahian, Ali Bahadori Jahromi.

Abstract

Objective: The right to social security is one of the most basic human rights, which is considered as the second generation of human rights in related documents. One of the most important and fundamental issues during the governance of an Islamic government is how to deal with new issues and find its background; in other words, among these issues, the right to social security is a human, legal and jurisprudential issue with many social and individual dimensions in the present era. The purpose of this study is to investigate the right of the people to social security in an Islamic state and the principles of human rights on the right to social security. This principle has been included in the domestic laws of countries, and the Islamic Republic of Iran has also paid attention to this important principle in its Constitution and ordinary laws.

Method: The present study is written using a descriptive-analytical method and reviewing Article 29 of the Constitution and human rights treaties.

Findings: The results of this study show that the main goal of new social welfare system, with any kind of attitude, is to prevent the spread of harm and the emergence of new cases rather than focusing on the affected groups. Therefore, this model should be able to operate at all expected levels and extend its scope of action to all members of society in terms of preventing the occurrence of injury, instead of focusing only on the affected groups.

Keywords: Right; right to social security; duties; Islamic state; human rights.

Authors: Ali Bahadori Jahromi, Ali Fattahi Zafarqandi.

Abstract

Public freedoms are, through a set of obligatory legal regulations, sought to guarantee the inherent body of human privileges which are considered as natural characteristics of mankind, and dealt with in some international legal documents and municipal law. In municipal law, while expressing the sanctions of rights and social freedoms, some restrictions are imposed on them. Referring to the international documents concerned to public rights and freedoms shows that there are two kinds of limits: respecting others freedom and public interests. There are some differences between Islamic and secular governments in this field which studied in the present article. Accordingly, at first, we review the concept of human rights and public freedoms, and then go on to prove the principle of the existence of restrictions on public freedoms in various governments. Subsequently, the freedoms of others and the public interests as tow main restrictions on the rights and public freedoms will be studied comparatively. It seems that there are no differences in the norms of the restriction of public freedoms between Islamic government and liberal governments, but the difference is in the definition of “freedom” and “public interests”, that is not a subject of legal science, and the legal systems based on the ruling values of governments, use those conceptions and definitions in order to create a legal obligation.

 Keywords: Public freedoms; freedom restrictions; others rights;  public interests; Islamic government secular government.

Authors: Hadi Tahan Nazif, ali Bahadori Jahromi, Kamal Kadkhodamoradi.

Abstract

According to the Article 6 of the Constitution, one of the methods of governing the country is to refer to public opinion and hold a referendum. In this regard, paragraph 3 of the Article 110 of the Constitution states that one of the duties and powers of the Supreme Leader is to issue a “referendum order”. The ambiguities of this paragraph have led to some debates and disagreements regarding the inclusion of the authority of the Supreme Leader in the issuance of the legislative referendum order as the subject of the Article 59 of the Constitution. Therefore, the main question of this research is dedicated to the analysis of the competence of the Supreme Leader in issuing a referendum order. The present study, through a descriptive-analytical form and using library data, based on the detailed negotiations of the Constitutional Review Council and the legal reasoning, as well as adherence to the paragraph 3 of the Article 110 of the Constitution, believes that the authority of the Supreme Leader is not limited just to issue a referendum order on Constitutional revision, but includes the legislative referendum set forth in the Article 59 of the Constitution.

Keywords: Paragraph 3 of the Article 110,  Referendum Order Leadership Authority,  Referendum,  Legislative Referendum,  Constitutional Referendum.

Authors: Mohammad Javad Arasta, Ali Bahadori Jahromi.

Abstract

Islamic government is the pivotal issue of Islamic political thought that The Islamologists have viewed it from different perspectives. However, there is still no single and clear criterion to determine whether a government is Islamic or not and so by using it, “Being Islamic” can be judged.

On the other hand, for establishing the Islamic government in practice or movement of existing governments in Muslim communities toward the desired pattern, practical characteristics of the Sharia (law of Islam) must be extracted which could be helpful for rulers and people in realization of Islamic government. In this paper, in order to derive the theoretical criterion, and the practical and implementational characteristics, tried to achieve to this goal by referring to Islamic sources and through analytical method.

In this way, it seems a government can be named Islamic which seeks to enforce all aspects of Islamic Sharia in the society; in other words, we can mention it as principle of “rule of Sharia”.

The actual realization of the rule of Sharia also depends on three criteria: 1) the essence of legislating emanating from, or within the framework of Sharia; 2) The legitimacy of the ruler and the governing body; 3) the Islamic way or method of Governance.

Keywords: Islamic government; rule of Sharia; governance; God’s sovereignty; Legitimacy.

Authors: Ali Bahadori Jahromi, Abbas Ali Kadkhodaee.

Abstract:  

After the change in the basis of government’s legitimacy from divine right of monarchs to people’s or nation’s right to sovereignty in European’s Political Philosophy, “Separation of Powers” has been raised as the basic principle of government by scholars and philosophers of politics. Later it leads to the birth of the term “Executive Power” in the legal-political literature. This term has encountered several changes in practical arena and has undergone many implications in different circumstances and eras. In this article, besides reviewing the nature of “Executive Power” from the attitude of the originators of the “Separation of Powers” theory, its bases and main tasks are analyzed, and by employing these study’s results, the current approaches, i.e. classical/traditional and modern approaches are evaluated toward interpretation of the concept of “Executive Power”. Finally, highlighting the modern approach, which believes in extensive interpretation of this concept according to its possible purposes and main tasks, we emphasized that it is essential for parliament to appropriately supervise on the executive power to prevent it from derogation, not limiting it, which may decrease its efficiency.

Keywords: Executive Power, Implementation, Administeration, Sovereignty

Authors: Ali Salim, Meisam Narimani, Ali Badamchi, Ali Bahadori Jahromi.

Abstract

The present study was conducted with the aim of investigating the coherence of the decision-making system in the Cabinet of Ministers, centered on the Office of the Cabinet of Ministers. Based on this, the research question is, what will be the role of the government office (including its mission, structure, capabilities and duties) to promote the political coherence of the decision-making system of the Cabinet of Ministers? Considering the exploratory nature of the research question and the need to create a deep understanding of the subject under study, the qualitative research method has been used in this article. The data collection method was a semi-structured interview based on the interview protocol. Also, considering the prescriptive nature of the research from a Policy perspective, researchers have tried to present proposed policies in the form of a codified policy model at the end of the article. Finally, the “policy model of promoting the coherence of the decision-making system in the Cabinet of Ministers with the focus on the role of the government office” in this research, derived from the application of theoretical literature and research findings in the five components of mission, position, input, process and output, is presented in two passive and active approaches

Keywords: Policy coherence;  Cabinet of Ministers;  Cabinet of the Government;  coherence model;  content analysis.

Authors: Davar Derakhshan, Ali Bahadori Jahromi.

Abstract

Non-governmental organizations (NGOs) are among the influential institutions whose participation in reforming the judiciary will increase its efficiency and thus increase public trust in the judicial system. In other countries, the groundwork has been laid for the entry and participation of NGOs in the judiciary, and these organizations have been able to remedy many shortcomings in the judiciary. The NGOs have been involved in such activities as academic interactions with judges, supporting prisoners, fighting corruption, effective participation in the judicial process, monitoring the functioning of the judiciary and crime prevention. For this purpose, the NGOs have been developing programs and implementing them with the help of the government. With respect to Iran, however, despite the recognition of the role of NGOs in various laws and regulations – especially the Guidelines on the Participation and Interaction of NGOs with the Judiciary in which the participation of NGOs in the judicial process, combating corruption, and prevention of crime have been provided – in practice, the influence of these organizations in the judicial system is limited. Indeed, the rights of the NGOs have remained unimplemented, and the two sides have  been unable to interact for the purpose of improving the judiciary.

Keywords: non-governmental organizations; the efficiency of the judiciary; effective participation; supervision.

Author: Ali Bahadori Jahromi

Abstract

The corrupting nature of political power is considered a self-evident and accepted notion in prevalent political theories, and legal and political thinkers have continuously sought to devise various solutions to counter it. This article aims to demonstrate the basis of the Islamic Republic of Iran’s soft power in combating the corrupting influence of political power, which stems from the Islamic thought’s perspective on the concept of political power. To achieve this, the article examines the concept of political power in conventional thought, identifies the destructive effects resulting from this perspective, clarifies the distinctions present in the Islamic view on this matter, and, by referring to the concept of Velayat (Guardianship) as the most important equivalent of political power in Islamic thought, seeks the basis for preventing the corruption of political power holders in an Islamic government within the very nature of the power or Velayat at their disposal, the basis for its conferral upon them, and the kind of perspective that Islamic thought instills in them regarding the concept of power. This soft power, besides being effective in the domestic legal system, can also be considered a factor in the development of the Islamic governmental model, especially in Islamic countries.

Keywords: Soft Power, Political Power, Velayat, Corruption, Islamic Republic of Iran.

Authors: Ali Bahadori Jahromi, Sohrab Salahi

Abstract

Islamic governance pays special attention to the issue of oversight of governance and has designed or utilized numerous and diverse tools and mechanisms to ensure this. Familiarity with these mechanisms, in addition to creating conditions for their proper utilization, can confirm that with such multiple and robust tools, there will be no necessity to employ mechanisms designed in other schools of thought. Although, in some cases, these tools can be used as complements to internal mechanisms. This article examines methods of internal control of governance, forms of external oversight of governance, and also the topic of the Islamic ruler’s oversight of other public officials. The existing tools under each category in Islamic governance are presented and analyzed. Finally, by demonstrating the effectiveness, diversity, and multitude of indigenous tools in overseeing governance, as well as their greater compatibility with the foundations and goals of establishing the Islamic system, it will become clear that the discussion of oversight in Islamic governance is a pioneering subject in the field of public law that has the potential to serve as a model for other schools of thought and human societies.

Keywords: Oversight, Islamic Government, Governance, Internal Oversight, External Oversight.

Authors: Ali Bahadori Jahromi, Ali Gholami

Abstract

The General Policies of the System (or “Overall Policies of the System”) constitute the framework and basis for the country’s general orientation in all governmental spheres. These policies are determined by the Supreme Leader in accordance with Clause 1 of Article 110 of the Constitution and act as a connecting link between the principles and goals of the system and the duties of governmental bodies and institutions. The primary goal of these policies is defined as creating discipline in the country, also outlining the overall architecture of the system.

Clause 2 of Article 110 of the Constitution emphasizes the necessity of oversight over the proper implementation of these policies and places this responsibility also upon the Supreme Leader. This duty, which defines the obligatory nature of the policies and clarifies the importance of their implementation from the perspective of the Constitution’s framers, has been delegated to the Expediency Discernment Council as per the latter part of Article 110.

This article, after analyzing the concept and nature of the General Policies of the System and explaining the foundations and importance of overseeing their proper implementation, critically examines the current method of oversight over the implementation of these policies and emphasizes the necessity of revising its approach.

Keywords: General Policies of the System, Concept, Nature, Oversight.

Authors: Ali Bahadori Jahromi, Rasoul Shabanpour

Abstract

Custom (عرف – ‘urf’), as the forerunner of law and customary rules, was once considered the primary source of legal regulations. It was custom that, prior to the emergence of codified legislation and law, regulated human social relations and met their legal needs. Although today, with the presence and advent of written law, custom has somewhat diminished in power compared to the past, the presence of written law has not eradicated the historical and social value of custom. Just as custom preceded law and law became its successor, even after the codification of law, custom is still used to complement, interpret, modify, and invigorate it. The more a legal system draws from custom, the more robust and enriched it becomes, the more easily it can be implemented, and the more it preserves the law’s connection to past and future times. In Islamic law, custom is one of the sources of law. This legal system, by endorsing local customs and referring judges to them, has been able to keep its legal system vibrant and dynamic forever. In Iran’s statutory laws, custom is also recognized as valid and authoritative.

Keywords: Custom, Habit, Law, Custom in Islamic Law.

Authors: Ali Bahadori Jahromi, Seyedeh Latifeh Hosseini

Abstract

A fair trial, or just adjudication, refers to the general guarantees provided within the judicial mechanism to ensure the rights of parties in the process of various legal disputes before a competent, independent, impartial, and predictable court. Governments are committed to guaranteeing the right to a fair trial for individuals through various methods, including legislation and the provision of effective executive mechanisms.

The most sublime and emphasized expressions in this regard are found in the teachings and doctrines of the luminous religion of Islam. Islam has always called for the establishment of equity and justice, the vindication of the rights of the oppressed, the establishment of peace and tranquility, and just arbitration and judgment. Following the luminous religion of Islam, the legal system of the Islamic Republic of Iran has also sought to identify and guarantee various types of fair trial.

Keywords: Fair Trial, Types of Fair Trial, Islamic Foundations, Legal Foundations, Iranian Legal System.

Authors: Ali Bahadori Jahromi, Ali Fattahi Zafareghandi

Abstract

Articles 77 and 125 of the Constitution of the Islamic Republic of Iran aim to clarify the status of international agreements and determine the competence of the legislative and executive branches in the process of concluding them. Despite numerous books and articles written on treaty law and the legal competencies of governmental bodies in this field, many ambiguities still remain regarding the competence of the Islamic Consultative Assembly (Parliament) in approving international agreements. These include the feasibility of approving international treaties in the form of parliamentary bills proposed by representatives, the parliament’s competence regarding voluntary commitments, its competence in approving agreements under other titles mentioned in Articles 77 and 125, and the competence of the Supreme National Security Council in approving international agreements. Analyzing and examining these from a legal perspective seems essential.

Therefore, the main question of the present research is: What are the limits of the Islamic Consultative Assembly’s competencies in approving international agreements? This article employs an analytical approach and utilizes library research methods to answer the posed question. It appears that the competence to approve all international agreements that possess an international character and create obligations for the Islamic Republic of Iran rests exclusively with the Islamic Consultative Assembly. The terms “treaty” and the qualifier “voluntary” cannot be considered obstacles to the parliament’s competence. Furthermore, the Islamic Consultative Assembly has the right to delve into the details of treaties.

Keywords: Guardian Council, Competence, Constitution of the Islamic Republic of Iran, International Agreement, Islamic Consultative Assembly.

Authors: Ali Bahadori Jahromi, Ali Fattahi Zafareghandi

Abstract

Power, as one of the key concepts in public law, can be studied in two categories: hard power and soft power, based on its type and manner of application. The distinguishing feature between the two lies in the tools employed by rulers when exercising the will and authority of the government.

Based on Islamic public law thought, agents of an Islamic government are obligated to observe specific requirements when exercising governance. The present research, an analytical and foundational study, seeks to answer the primary question: Are officials in an Islamic government obliged to proceed based on the components of soft power when exercising governance?

By examining the set of duties prescribed for rulers in an Islamic government, including the imperative to observe ethical propositions and the necessity of consultation, it appears that the principle in exercising governance within an Islamic government is the utilization of soft power tools, such as persuasion and attraction. This principle holds true even in the culture of jihad and the struggle against non-Muslims and tyrannical regimes.

Keywords: Power, Soft Power, Ethical Propositions, Islamic Government, Human Teachings.

Authors: Ali Bahadori Jahromi, Milad Ghobi

Abstract

Freedom is a highly contentious concept, with varying interpretations across different schools of thought and limitations often applied in most political systems. Understanding these limitations clarifies the boundaries of freedom and specifies the extent of intervention by competent authorities in imposing these restrictions.

This article aims to identify the limitations on freedom based on the Constitution of the Islamic Republic of Iran. The Constitution of the Islamic Republic of Iran recognizes legitimate freedoms, but it also sets forth limitations for these freedoms, including the “necessity of observing and preserving Islamic rulings,” “Islamic foundations and principles,” “public interests and rights,” “independence, freedom, national unity, and territorial integrity of the country,” and “the foundation of the system.”

It should be noted that, firstly, despite their apparent semantic proximity, each of these instances carries specific meanings. Secondly, although these limitations are stated under certain freedoms, they are extensible to all cases of freedom.

Keywords: Freedom, Limitations on Freedom, Constitution, Legitimate Freedoms, Public Interests.

Authors: Mohammad Sadegh Farahani, Ali Bahadori Jahromi

Abstract

Despite more than half a century passing since the approval of the first legal text concerning the necessity of codification of laws in the country, there is still no single understanding of the concept of “codification of laws” among Iranian jurists. This research, utilizing library studies and adopting an analytical-descriptive approach, after identifying the three distinct approaches of these jurists in dealing with the concept of codification of laws, distinguishing it from similar concepts, and examining the history of its developments over time, concludes that the main root of the lack of a unified understanding of the concept of codification lies in the translation of the term “Codification” without due regard to its various evolutions over time. Therefore, “codification” should be considered a process encompassing the “collection,” “classification,” and “refinement” of laws.

Furthermore, contrary to popular belief, the legal foundations of codification of laws are not limited to customary bases; rather, similar to the earliest codifying collections, it has an Islamic precedent before having a customary root. “Transparency,” “legal certainty,” and “accessibility” can be considered the customary foundations, while the “rule of the ugliness of punishment without prior declaration” (قبح عقاب بلا بیان) can be considered the Islamic foundation of codification of laws.

Keywords: Codification, Transparency, Accessibility, Ugliness of Punishment Without Prior Declaration, Codification.

This phrase, as explored in the collection of selected articles from the scientific call “Exposing American Human Rights,” compiled by Dr. Ali Bahadori Jahromi and Dr. Esmaeil Ajorloo, refers to the perspective, interpretation, and actions of the U.S. government and its allies regarding human rights and the rights of individuals. The “American” suffix indicates a specific type of human rights definition favored by U.S. policymakers.

The collection argues that the United States’ actions throughout its relatively short history demonstrate a lack of strong belief in the principles and practical examples of human rights. Instead, it asserts that the U.S. primarily uses the concept of human rights merely as a tool to exert pressure on other nations.

Authors: Ali Bahadori Jahromi, Esmaeil Ajorloo

Abstract

The legacy of governance in the Islamic world has been shaped by the grand theory of the Ummah (Islamic community), defining the horizon of sovereignty in Islamic societies. On the other hand, in the contemporary era, with the dominance of modern state requirements, Islamic countries have all emerged and gained independence based on the nation-state structure. Given the impossibility of overlooking these two concepts and their imperatives, the future legal-political landscape of the Islamic world is constituted by the manner of transition from the nation-state model to new structures of the Islamic Ummah. This very issue is the central problem addressed in this article.

This process must be accompanied by continuous intellectualization and theorizing on the content and structure of the Islamic Ummah in the contemporary era, such that neither the originality of the Islamic Ummah idea is neglected nor the demands of the contemporary era are abruptly disregarded. Therefore, familiarity with the two concepts of the Islamic state-country and the Islamic Ummah theory, along with an analysis of the “Ummah-Imamate” theory in the Constitution of the Islamic Republic of Iran as an example of efforts in this direction, form the main sections of this article.

Keywords: Islam, Sovereignty, Islamic State-Country, Ummah, Nation, Constitution.

Author: Ali Bahadori Jahromi

Abstract

An examination of analytical sources related to the Constitution of the Islamic Republic of Iran, including the detailed deliberations of the Assembly for the Final Review and the Council for Revisions of the Constitution, as well as the interpretive and procedural opinions of the Guardian Council, reveals that the concept of “independence of powers,” as stipulated in Article 57 of the Constitution, was designed solely for the specialized division of governmental affairs among different institutions. It has no connection to the fundamental principles and objectives of the theory of separation of powers, which advocates for dividing power to control it and prevent its corrupting influence.

Despite this, this principle holds significant importance as a structural tenet within the constitutional law of the Islamic Republic of Iran. The leaders of Iran’s Islamic system and various periods of the Guardian Council have consistently emphasized preserving and guaranteeing the independence of the three branches of power from one another.

Ultimately, by analyzing the sources of the constitutional law of the Islamic Republic of Iran, particularly considering the emphasis placed by the authority of Velayat (guardianship)—the institution that delegates, regulates, and oversees governmental powers—and the over thirty-year practice of the Guardian Council as the official interpretive body and primary expert on the Constitution, it can be concluded that the principle of the independence of powers is the most crucial principle for analyzing and explaining the relationships among the three branches and must be given due consideration. Consequently, the jurisdictional domain of each of the three branches is regarded as a limiting dimension for the competence of the other branches and will even be considered to allocate or restrict the general or absolute competencies of the other branches.

Keywords: Independence of Powers, Constitutional Law, Islamic Republic of Iran, Guardian Council.

Authors: Sohrab Salahi, Ali Bahadori Jahromi.

Abstract

Although Iran and Iraq have so many aspects in common –such as: both governments are “republic”, and they both have some Islamic implications in their political-legal systems- there is many differences between their legal structure and dominant systems; which can have roots in differences of different conditions under which the constitutions were written, as well as other elements such as: different histories of states, previous political status, and other structural differences. These factors caused Iranian constitution –against its writers’ will- to be unsuccessful in leading neighbor countries.

We can see the differences in three legal aspects: differences in dominant foundations and spirit of constitution law, different legal-political macro-structures – which lead Iranian dominant system to be simple, versus Iraqi dominant system that is federal-; and finally different status and rule of three powers and officials; that can be derived from their job description, tasks and the procedure of application 

Keywords: Constitution. macro structures. republic. federal. Islamic

Authors: Ali Bahadori Jahromi, Seyed Ebrahim Esmaeilzadeh Mousavi

The concept of freedom has always been a central and highly debated topic among legal scholars in the realm of human rights. Given this, we set out to provide a brief definition of this concept, demonstrate its Islamic nature by drawing upon Islamic sources, particularly the sayings of Amir al-Mu’minin Ali (A.S.), and subsequently study the practical and theoretical conduct of Imam Ali (A.S.) as a model for a government that guarantees natural human rights.

In this endeavor, while recognizing the elevated status and importance of freedom in Islamic law and explaining the mechanisms for its safeguarding in Alawi conduct (Sīrah Alawī), the existence of certain limitations in this area has drawn attention. Examining these limitations reveals that in Islamic thought, despite attention to various types of this God-given right and, consequently, its Islamic definition and concept, this right is not absolute. Rather, other rights, norms, and values impose limitations upon it. Finally, after a brief review of the most significant of these limitations, the article takes a cursory look at freedom of belief as one of the most crucial and controversial manifestations of freedom in Islamic thought.

Keywords: Freedom, Alawi Conduct, Freedom of Belief, Limitation.