فهرست مطالب سید باسم موالی زاده

The purpose of this research is to evaluate the approach of the Organization of Islamic Cooperation on the performance of the Islamic Court of Justice in the peaceful settlement of international disputes based on the concept of "effectiveness". The Organization of the Islamic Conference has a special position as the second international intergovernmental organization after the United Nations. With 57 member countries in four continents, this institution is considered one of the current international organizations in the world, which can have a unifying position among Muslim states and nations, relying on Islamic identity and civilization, and be useful for creating peace. The idea of establishing this organization, which began in the middle of the fifth decade of the 20th century to regulate relations between Islamic countries, crystallized with the formation of the "General Islamic Conference" in 1954, and its charter was approved in 1956. The declaration of the first conference of heads of Islamic countries in the city of Rabat, Morocco in 1969 states that the participating countries declare their commitment to resolve the problems that may arise between them through peaceful means. Based on the decision p, 11/3 during the third conference of heads of Islamic countries in 1981 in Taif, the establishment of the Islamic Court of Justice was considered as the fourth pillar of the organization with the responsibility of peaceful settlement of disputes between member countries. This research, which is a descriptive-analytical method, sought to know the realistic approach of the Organization of Islamic Cooperation in the category of peaceful settlement of disputes in Islamic countries and its effect on the functioning of the Islamic Court of Justice as the judicial and executive arm of this category. As a result of the investigation, it was found that based on the concept of "effectiveness",

Contracting is one of the contracts that today has taken on a different legal nature due to changes in various sectors. In this matter, some of these contracts are in such a way that they are out of the category of renting to individuals and take on a special nature. The International Federation of Consulting Engineers, known as FIDIC, published a model contract called the EPC contract for infrastructure and construction industry in 1999 in an international uniform document called the Silver Book. Unlike traditional contracting, full engineering and design obligations are placed on the contractor to provide equipment and materials for work and construction, which entails a full responsibility for him. This contract, which is characterized by a fixed time and price, puts all the risks on the contractor, and to get rid of it, the employer undertakes to pay the contract price based on the agreement of the parties. In this way, there are contracts in the Iranian and international legal system that, due to their similarity, the need to analyze and compare them with the EPC contract is felt. This article, which is written with a library and analytical method, seeks a comparative study and finally comes to the conclusion that the EPC contract has differences with contracts such as BOT, Contract of Reward, design-Build, etc., and they are different from each other in legal nature

Contracting is one of the contracts that today has taken on a different legal nature due to changes in various sectors. In this matter, some of these contracts are in such a way that they are out of the category of renting to individuals and take on a special nature. The International Federation of Consulting Engineers, known as FIDIC, published a model contract called the EPC contract for infrastructure and construction industry in 1999 in an international uniform document called the Silver Book. Unlike traditional contracting, full engineering and design obligations are placed on the contractor to provide equipment and materials for work and construction, which entails a full responsibility for him. This contract, which is characterized by a fixed time and price, puts all the risks on the contractor, and to get rid of it, the employer undertakes to pay the contract price based on the agreement of the parties. In this way, there are contracts in the Iranian and international legal system that, due to their similarity, the need to analyze and compare them with the EPC contract is felt. This article, which is written with a library and analytical method, seeks a comparative study and finally comes to the conclusion that the EPC contract has differences with contracts such as BOT, Contract of Reward, design-Build, etc., and they are different from each other in legal nature.

Criminalizing crimes against public ethic and decency in cyberspace, in addition to highlighting the strengths of the case, also puts gaps and weaknesses before the legislature to establish criminal titles, but creating behavioral restrictions through criminalization is contrary to the basic principle. It is freedom and obscenity of actions that should be limited to the most important and vital issues and should not limit the scope of voluntary activities of individuals.This article, with a descriptive-analytical method, examines the commission of crimes against public ethic and decency, especially pornography and prostitution in cyberspace, and examines social prevention methods and the situation for combating cybercrime in this environment. According to the results, among the social prevention methods against cybercrime, situational-oriented social measures with sub-categories of family-oriented prevention and educational-cyber prevention, and among society-based measures, information, participation and consensus, accountability promotion and culture building were mentioned. Also, among the prevention methods in cyberspace, situational prevention measures with a subset of restrictive measures, surveillance measures, licensing and identification and encryption tools were mentioned, which with the help of these measures, it will be possible to deal with cyber behavioral deviations to a large extent.

In this article, which deals with the intellectual examination of human dignity in the method of punishing criminals from Plato's point of view, an attempt is made to examine the intellectual and philosophical grounds of the method of punishing criminals and the role of human dignity in it from Plato's point of view, who, according to many experts, is the greatest philosopher in history. It has been human, to examine and discuss. The findings of the research indicate that according to Plato, in the sense that common sense refers to punishments and discipline, the topic of punishment in dialectic is elevated to the truth. So, the Platonic dialectic on this matter, by removing malice and attributing actions to the gods, they choose this correct part according to their opinion that the criminal commits the crime because of his ignorance and not his cruel will. has been And in a way, he holds the criminal responsible and points out the fundamental teaching that no one does evil by choice if he knows, and if someone knows good and bad, he does not choose evil. Therefore, the role and effect of human dignity can be clearly seen in this issue. Therefore, according to philosophers, knowledge is enough for virtue.

The purpose of this research is to familiarize with the human rights documents of the Organization of Islamic Cooperation and the absence of the presence of the Islamic Court of Justice in the supervisory part of the implementation of human rights decisions of these documents. Prejudice and ignorance towards the rules of Islam, the rules of Islamic law and the history of Islam, until recently, led Western writers to the conclusion that respect for the human person is a product of Western thinking. But Islam, like other religions, has its share in this respect for man and defense of his rights. On the other hand, international governmental and international non-governmental organizations have also participated in the promotion of human rights. Among the recent organizations is the Organization of the Islamic Conference (OIC). The Organization of the Islamic Conference, as the second international intergovernmental organization after the United Nations, with 57 member countries in four continents of the world, relying on Islamic identity and civilization, is a political-religious force that cannot be ignored in the international scene, which can play a role today. to play a significant role in consolidating international peace and security, and this importance has been brought to the fore with the establishment of the Islamic Court of Justice. The global peace and security that the OIC Charter seeks to consolidate is based on "justice". This justice is first of all in the principles and orders of Islam. In this research, which is descriptive and analytical, by examining

Sexual violence is one of the forms of violation of human rights and one of the most common examples of crimes against women, which is considered as one of the major cultural, social, economic and political problems of societies. The purpose of this article is to examine sexual violence against women in Islamic jurisprudence and the verses of the Holy Quran.

In this article, a descriptive analytical method with a documentary approach was used to collect and analyze data.

By reflecting more closely on the conditions and aspects of the prescription of beating a nasheze woman in the mentioned verse, it was found that this prescription is not about sexual violence against women, but about the legal punishment that the husband does not as a husband, but as a law enforcer. If there are special conditions, it will be applied, and Neshuz will solve the wife's problem at the lowest cost, but in the absence of any of the conditions, the husband's action in this regard is considered haram and a crime, or it may even result in legal prosecution. .

The Holy Quran has not approved sexual violence against women in any case, but in many cases, it has blamed and condemned it in a harsh tone. The only case that at first sight can be considered as a proof of the confirmation of violence is the verse of Nashuz, which is discussed in the second axis.

The idea of ​​dealing with international disputes that have arisen after the creation of the world community is a subject that has continuously focused the minds and activities of experts and scientists in the field of criminal justice in order to establish an international criminal authority. In addition to these activities, countries show their desire to establish new judicial authorities within the structure of international organizations or within other judicial centers, in order to make a case-by-case decision regarding claims based on the law applicable to those claims. have shown. The Organization of Islamic Cooperation is the only organization based on religious foundations that goes beyond regional obligations and national ideologies, and potentially any country where Islam is the religion of the majority of society can become a member of this organization. The Islamic countries that make up this organization have considered Islamic Sharia in order to expand and strengthen the framework of international law to resolve disputes. The first meeting of the members of this body was held following the conflict created in the Al-Aqsa Mosque area in 1969 with the aim of forcing the member states to resolve the Palestinian issue. During the eighties, during the expansion of the war between Iran and Iraq (1980-1988) and shortly before Iraq's invasion of Kuwait, the establishment of the International Islamic Court of Justice was proposed as the judicial pillar of the organization and responsible for the peaceful resolution of disputes. It was considered for it between the member states.

Penal trial is a process which starts from crime detection and ends in a criminal conviction. In this regard, the stages of prosecution and investigation has special importance in criminal hearing. The close relationship and, in some cases, the conjunction of some detective and prosecuting procedures with each other and their belonging to a prior stage of trial would in effect made their absolute separation and thus their complete independence so severe. Meanwhile discovering of the accused’s real conduct is the cornerstone of justice in respect to the other stages of judicial proceeding and hence the independence of the interrogator could be resulted in a fair trial. Comparatively studying of the independence of Interrogatory institution from that of Prosecution in both Iran and Lebanon, we may find that the principle of their independence has been recognized, though in Iran the Interrogatory authority which is placed amid the structure of Public prosecutor’s office and under the administration of the Attorney General has defected such independence that in several cases obliges the Interrogator to administratively serve under the attorney general’s authority. However, both-mentioned institutions are separated and independent in Lebanon and although the Interrogator has to acquire the Attorney General’s opinion in the process of investigation, but the ultimate decision would be independently issued by him and in case of conflict in their views the dispute would be referred to a distinct authority which may be called “Accusation Bureau” and as such the principle of independence is better guaranteed in Lebanese legal system.

The history of ideas demonstrates that political philosophy focuses on two individualist and collectivist meta-narratives. Statism, Hierarchical system of power and social discipline, belief in positive liberty, dogmatic commitment to traditions and customs, altruism and living in a simple life are the considerable features of collectivist viewpoints. Moreover, collectivism put considerable impacts on constitutions. The most concrete effect is that collectivist constitutions are usually striven for establishing a Utopia. Populist tendencies, charismatic leadership, and one-party or dominant party system are among the main effects of utopianism. Collectivism has some manipulating impacts on the structure of constitutions such as manipulated system of distribution of power instead of a safe system separation of powers, politicized judiciary and centralist attitudes in the administration of power. The main characteristics of the individualists are conviction in negative liberty, minimal tasks for the government in all areas especially with respect to ethics and considering the individual as an end in it. Individualism has laid doctrines that ultimately resulted in real constitutionalism.