فهرست مطالب fatemeh arab ahmadi

Governments are in need of creating organizations for public service or public interests to fulfill their sovereign and social responsibilities. In terms of enactment and enforcement, organizations act upon a set of principles and rules. These principles are trans-organizational in nature, i.e. they are available inside and outside the organization and ready for use. The most outstanding principles, to that end, are the rule of law, hierarchy, concentration and non-concentration, consultancy, scientific management, and civil liability. Since these principles play key roles in establishing order, solidarity, abiding by law, and popularity of the executive organizations, there is a need for proportionality of these concepts with Islamic criteria. The methodology of this work is based on library studies and document research as well as reviewing books on law and jurisprudence. In Islamic system of government, the principles of administrative organizations come from religious essentials, possessing fundamental, constructive, general, constant, sustainable, orthodox and practical elements. Paying attention to principles of Islamic administrative organizations will indeed result in fostering of social organization and environment and its establishment will safeguard the rights of people, prevent abuse of power, and help establishment of the concept of justice, order and responsibility.

Jurists and legal experts allocate a special role and value to custom and use particular interpretatons to explain its place. Undoubtedly, customs, traditions and norms have gradually turned into social values or paved the ground for their formation. Transformation of the variables related to conventions and customs like life conditions of human beings, development and progress, cultural changes, the emergence of new ideas and the like leads to an increase of its impact on various issues like citizenship rights. The current study seeks to investigate the complementary role of conventions and customs as one of the influential sources of legal codes of society and its relationship with citizenship rights. Conventions and customs, on the one hand, can play a positive role in the formation of citizenship rights and in those cases that law cannot predict all the needs of human beings serve as a vehicle to complement and cover up the deficiencies through providing new interpretations. Sometimes the legislator changes the conventions into a law by a number of modifications. On the other hand, it can also be an obstacle or play a negative role; in such cases, the law steps in and nullifies the convention and rejects it. In other words, as long as the necessity of paying attention to citizenship rights does not turn into a dominant norm, legal mechanisms will face a difficult path ahead.

Freedom is a key concept and a vital necessity that enriches human life to the full. Freedom to resist is a kind of freedom that seeks to promote awareness and to legitimize this right in the fight against domestic despotic and colonial rule and in gaining independence in life against the external powers. Justice is indeed the cornerstone of freedom to resist, something that Islam has emphasized in all its aspects. Therefore, the theory of political jurisprudence contrives and constitutes various aspects of the society and expresses human rights and duties based on Sharia law in various political and social issues. Freedom to resist emerges in such forms as civil disobedience and revolution, so that its infrastructures may be sought in three religious, sociological and anthropological groups. It can be also traced in traditions and narratives, the Book and in the jurisprudential principles of expediency justice, important and more important issues, prohibition of innovative manners, dissimulation and principle of no foreign influence. It bears mentioning that freedom to resist may be limited when its strength of action leads to violation of the social order, damage to others, and weakening of Islam or Islamic government.

Social movements refer to any collective effort that aims at securing certain interests or reaching a goal through an action outside the domain of official institution. These collective behaviors are the response to a special situation or issue. On the other hand, citizenship rights represent a set of citizenship obligations, responsibilities, and requests that address both the society and the government. Among the most important sources that contain and support citizenship rights in the current legislations one can refer to the Constitution; i.e. laws that have been codified by the elites and the regime based on cultural, political and social principles. This essay seeks to study in a descriptive-analytic way the nature of social movements their types and relations with the expansion and formation of citizenship rights. The chief conclusion is that social movements influence the structure of government and in this way they pave the path for establishing new legislations that can ground citizenship rights. The other function of social movement is the enhancement of the political and social consciousness in people that enables them to force the government to fulfill their aspirations