فصلنامه الهیات هنر
پیاپی 20 (پاییز و زمستان 1400)

the correlation procedure betwixt phoneme(the sound unit of word) and morpheme(the meaningful unit of word)can be the finest element for the message transmission to the audience.Therefore, perhaps the context such as poetry or prose which are written, but the significant proportion and relevance between voice arised from words and letters and their meaning and concept might not be achieved, hence to this proof the transmission of the main and target message concept to the audience, will not be properly possible.One of the indices of eloquence and literary rhetoric,is the art in the text as well as in the regularity component and phonetic marvel in discourse, also the idiosyncrasy of the connection between phoneme, morpheme and phonetic which is for phonetic concept induction.in this progressive study, the phonetic of lexemes and verses of Sura Al-Kawthar, its relevancy and the structural proportion of phoneme and morpheme will be analyzed.which is significantly manifested between phonological components and its lexical concepts.in this research, the concept of phoneme and morpheme of words used in Sura Al-Kawthar which is based on phonetic procedure is going to be under quantitative and qualitative resolution and analysis.afterwards the phoneme and morpheme accommodation and proportion of the words and verses of this Sura will be musically analyzed,and then the clarification of phonetic nature which is followed by the marvel phonetic of Quran also we can see a manifest example of the headship of verses and Sura's of Quran which is disparity with other text and speeches.

Iran's growing cinema requires appropriate legal protection from creators and other contributors involved in production of cinematic works. The "Law on Protection of Authors, Composers, and Artists", which was approved in 1969, serves as the legislation that supports these individuals. While Iran's film industry has developed over the years, the law protecting cinematic works has remained unchanged. There is insufficient support for cinematic works in Iran, with the current law failing to fully protect the rights of authors. Also, cinematic works are not even defined in the existing law. Due to the unique features of cinematic works, such as the involvement of multiple creators and the presence of artistic elements, it is necessary to study their intellectual property rights protection. Thus, this inquiry aims to provide a comparative study of the laws of in different countries including England, the United States, France, and international conventions. Along proposing a definition for cinematic works, specific protective measures, including criteria for authenticity, support duration, and recognition of creators, will be identified. Instead of endorsing inauthentic works that expand the scope of support and is undesirable for a developing country, it would be preferable for the Iranian legislators to explicitly endorse authentic works. Moreover, regarding the authors of such works, there is no specific provision in Iranian law. Drawing from the experiences of the countries studied and international conventions, it is probable to establish the main director, screenplay writer, dialogue writer, and composer as the true creators of these works. By updating the relevant laws, satisfactory and adequate support for creators can be achieved, and therefore, the motivation for producing such works in society would be increased.

The contract for creating a cinematic work is the result of companionship and long-standing collaboration between the creator and the producer, with both parties having obligations towards each other. The author's responsibilities include not only creating the screenplay but also cooperating with the producer, director, and actors until the completion of the project. Moreover, the author should not create any obstacles or hindrances for the producer in exploiting the final work, while the producer must respect the author's intellectual property rights and pay them according to the terms of the contract. Using a comparative method and examining both Iranian and French law, I seek to analyze the contract between the author and the producer in the production of cinematic works as well as the conditions for concluding such contracts and the resulting obligations for the involved parties. In both the French legal system and the Law on Literary and Artistic Property in Iran, the contract between the creator and producer is a bilateral agreement imposing various obligations on both sides. Although, the requirement for the contract to be in writing is explicitly stated by the legislator in both the French legal system and the Iranian law on literary and artistic property, the written form requirement is not a condition for the validity of the contract. In the French legal system, the condition is to prove the existence of the contract, whereas in Iranian law, the ability to invoke the contract against the creator acts as the determining factor. Since the current laws in Iran have limited specific regulations in this area, the study of Iranian law focuses more on the draft law for the protection bill for literary and artistic property.

The copyright law establishes exclusive material rights for all creators of cinematic works as a common practice. This right includes all plans, scenes, and sequences within the work.  However, all literary and artistic works, especially cinema, often contain subjects and situations that naturally derive from dominant themes and basic ideas. Accordingly, copyright protection would lead to an unjust unlimitedly authorization for the creator of these works. The doctrine of similar scenes acts as a restrictive principle supporting literary and artistic works. It states that elements of a work which are commonplace and customary, or contain conditions and characteristics that are integral and typical within a specific style of literary and artistic work do not fall under copyright protection. This doctrine guarantees that creators of cinematic works cannot monopolize themes, ordinary scenes, cliché characters, and common storylines. Therefore, this research aims to clarify the elements and characteristics of this doctrine in copyright law. Through using judicial approach, I seek to address how and to what extent this doctrine is employed in cinematic works. The findings reveals that the doctrine of similar scenes in cinematic works permits the removal of copyright support for similar and common scenes and plans in a specific style and genre that do not originate from the creator's active imagination and lack originality. Moreover, it encourages creators of cinematic works to produce higher-quality works.

The right to 'freedom of artistic expression' is accepted across all forms of art and is a key issue in the jurisprudence studies on art. According to constitutional law, rights are primarily derived from legal sources. However, there is also a religious system that incorporates the jurisprudence studies on art. Despite variations in religious principles and their details about different art forms, the jurisprudence studies on art plays a dominate role as either a catalyst for freedom of artistic expression or a set of restrictions and boundaries. Thus, this article indicates that the diverse interpretations of Islamic law in Iran and what is officially recognized and must be protected is determined by the jurists of the Guardian Council from Islamic principles defined in the Constitution of the Islamic Republic of Iran. Consequently, in studying the relevant issues, the Islamic jurisprudence based on the Constitution should be considered as the standard for evaluation rather than the Islamic jurisprudence based on external works and sources. Additionally, art is a significant subject in Islamic jurisprudence of the Constitution and is specifically addressed and emphasized in principles 24, 25, and 28 of the Constitution of the Islamic Republic of Iran. These principles aim to create new and broader avenues in the realm of Islamic art and artistic works, while also strengthening their rights and freedoms. They demonstrate the power of choice for artists. Therefore, the perspective of the Islamic jurisprudence studies on art should not restrict the freedom of artistic expression, which contradicts the principles of Islam outlined in the Constitution. Instead, it should employ elements that foster the progression and development of art, guaranteeing its freedom while addressing prohibitions and restrictions.

As the well-known Iranian filmmaker and winner of two awards for the Best Non-English Language Film from the Oscar Academy, Asghar Farhadi's cinema is known as a prominent example of 'Iranian social cinema.' It emerged during the early years of twenty first century as a movement born out of the duality of intellectual cinema and value-based cinema following the Iranian Revolution. Through his work, Iran's cinema faces its own identity and strives to explore the dialectic of government, rights, and ethics in the middle class. From this perspective, his movies have a rich relationship with Iran's legal system in both form and content. In Farhadi's movies, the legal system in Iran has a contradictory image that is thought-provoking, critical, gloomy, passive, yet pretentious. It interferes but proves ineffective, distorting individuals' freedoms, choices, and privacy while remaining incapable of providing justice and guaranteeing a peaceful life for citizens. According to Farhadi's perspective, instead of facilitating social life, the legal system becomes the primary factor in constructing a labyrinth of crises in Iranian society. The ideological rules, favoring one good over others and mobilizing resources and facilities towards that good, intentionally violate privacy boundaries with the aim of moral purification of citizens. This leads to a decline in collective morality, creates social condemnation towards dissidents and intellectuals, fosters increasing violence, erodes the language of dialogue, and causes social division. According to Farhadi's movies, the only way to overcome such divisions is by strengthening civil society, formulating impartial laws, decreasing government intervention in citizens' personal lives, prioritizing reconciliation over violence, practicing restorative justice, promoting honesty and integrity, and redefining concepts such as honor while rectifying inappropriate traditional culture.

The main aim of this paper is to compare the jurisprudence studies on ta'ziyeh with theater and film. The result of this comparison reveals the importance of this research in assisting in formulating the jurisprudence studies on theater and cinema, as well as completing the jurisprudence studies on ta'ziyeh, which has its main origin in the respect and promotion of the culture of love for Ahl al-Bayt. In this respect, I first present the statement of the problem, followed by a subject analysis of ta'ziyeh and its background, and then provide a brief subject analysis of film and theater. The results indicate the characteristics and general principles of the arts of Ta'zieh, theater, and film, which serves as a basis for comparing the subject matter of Ta'zieh with theater and film.In the second section, I discuss some fundamentals of the jurisprudence studies on art that are used in the jurisprudential comparison of Ta'ziyeh with theater and film.In the third section, I compare the subjects according to the aforementioned bases. Finally, I show the results and the related topics derived from the comparative jurisprudential analysis. Moreover, I compare my desirable perspective, which is an interactive and professional approach on the issue, with the desirable perspective discussed in Imamite jurisprudence about ta'zieh on one hand, and film and theater on the other hand.

Using the method of phenomenology to explore the distinction between tragedy as a narrative genre in performing arts and tragedy as a real-life phenomenon, I aim to present a tragic interpretation of the event of Karbala. In order to provide meaning to this unique field of social experience, I examine the Ashura event from a tragic perspective and seek to address the main question: what sets apart the story of Karbala as a tragic event from mourning in the genre of tragedy? The research findings indicate that the misrepresentation of the Karbala event fails to capture the true essence of this occurrence and prevent it from being identified globally as a dynamic culture. By analyzing components such as awareness, necessity, certainty, existential suffering, illness, and ultimate death, the event of Ashura can be better understood in its tragic dimension. Through active participation in the mourning ceremony, which carries profound tragic influences, individuals can grasp the concept of the “sublime”. Consequently, the tragedy of Karbala have consistently remained dynamic and captivating, serving as a source of inspiration for social transformation, and with vitality at its core. These aspects are incompatible with the passive state of mourning.

In performing arts, meaning is manifested through the actions of characters in a constructive and hierarchical manner. The coherence and organic unity of the character's actions in a specific time and place contribute to the formation of meaning. However, if these components are separate and disconnected, meaning cannot emerge in performing arts. This research employs a descriptive-analytical method and focuses solely on the elements of narrative in the emergence of meaning while examining their relationship with jurisprudential issues. The manifestation of meaning, in connection with various jurisprudential issues and examples is of fundamental importance. The formal elements encompass plot, characters, and the meaning of theatrical performance, which are discussed in both the creation of the theatrical work and in the process of understanding the work and drama. The findings of this research, based on the meaning created in performing arts, reveal that the jurisprudential ruling that applies to the entire work differs as a whole and should not be applied to individual components separately. The criterion for determining meaning, its degree, and the type of its manifestation lies with experts in performing arts who possess knowledge of religious jurisprudence.

There has been a lot of debate among scholars of Islamic art about whether Islamic aesthetics or the philosophy of Islamic art does or does not exist. Some of those who agree with the topic believe that Islamic aesthetics is adequately addressed in Islamic texts. And the examination of the texts, i.e. the Holy Qur'an, the works of Muslim philosophers, and the mystical texts, leads us to understand what Islamic aesthetics is. Those who disagree, on the other hand, see the theory as fundamentally contradictory, arguing that there is no such thing as Islamic aesthetics in the semantic horizon of the sacred texts. So, what is commonly referred to as evidence for Islamic aesthetics goes beyond the theoretical framework of "aesthetics".  Thus, this research mainly focused on whether in the sacred texts and the intellectual heritage of Muslims, there are remarks that confirm the concept of Islamic aesthetics in the sense of aesthetics or not. We seek to address the question based on Islamic thoughts mostly Saeed Tawfiq's views. The findings show that understanding the opinions of the thinkers in the two fields requires a kind of decoding of the Islamic terms due to the inconsistency of the terms used and, more importantly, the difference in their semantic aspects. In fact, it is more likely to address the above question by matching or finding equivalent aesthetic terms in Islamic thought.

The right to freedom of artistic expression, as significantly mentioned in Article 27 of the Universal Declaration of Human Rights, is closely intertwined with the right to engage in cultural life and the right to enjoy art. Thus, this inquiry aims to investigate the intricate relationship between art and freedom in contemporary society, highlighting the inherent limitations and unattainability of absolute freedom in the ideal of cinema. Contemporary societies often regard cinematic creation as a unique form of human activity and artistic expression, deserving of either more conservative or tolerant treatment. However, when subjected to legal scrutiny and the real-world experiences, art loses its privileged status. In other words, different countries may impose restrictions on the freedom of expression for filmmakers under specific circumstances. This research uses descriptive-analytical method and is based on library studies, which examines instances where the freedom of expression for filmmakers has been limited; it will consider national laws, international regulations, the judicial practices of national courts, and decisions made by the European Court of Human Rights. In conclusion, governments treat the freedom of expression of filmmakers, like any other freedoms, subjecting to special limitations such as security concerns, public morality, and privacy. At times, these restrictions and conditions imposed on the freedom of filmmakers can be even more stringent compared to other fundamental rights.

The study of folk music has recently gained attention among researchers in the field of music. Also, religious and ritual events, over the time, hold a significant place within this artistic domain. To the extent that they have served various purposes and functions. Ashura music, an integral part of religious music, has been performed in different reigns, including Minab and Muscat, employing a variety of instruments. The progress of this genre of music relies on several factors, which are meticulously examined and evaluated in this research from a structural perspective. From an ethnographic perspective, the combination of sadness with music is significant. Therefore, considering the significance of this ancient art form, the scope of ritual music and instrumentology is also analyzed and described. The findings of this research reveal that the structural analysis of religious music in Minab and Muscat, two geographically similar locations with distinct political approaches, has been specifically explored during Ashura. Furthermore, the study examines the differences and similarities in meanings and concepts during the performance. The current research adopts a descriptive-analytical approach, utilizing both library and field methods. Extensive analysis of numerous books and reference sources has been conducted to understand the structure of this type of music. Additionally, interviews and direct observations related to the topic have been incorporated to enhance the research.