جستجوی مقالات مرتبط با کلیدواژه "حقوق اسلام" در نشریات گروه "علوم اجتماعی"

Inheritance is one of the most important legal foundations in any society and it has always been under certain rules and regulations in different legal systems. These rules and regulations have been chiefly shaped up according to the conditions, time and the living place of the human beings. As a matter of fact, upon a change in the living conditions, these rules and regulations must also go under change to let the society embrace rules proportionate to its time. Therefore, the rules and regulations on inheritance have gone under drastic changes and passed behind stages of evolution in the course of time and place among the past generations and civilizations. The inheritance laws in the Arabian Peninsula has been no exception to this, i.e. they have been enacted and developed based on the rules and principles governing the entire peninsula. With the advent of Islam in that land, the rules and regulations on inheritance experienced great developments. In this paper, we have tried to review the views of jurists and Imamiyah theoreticians at law, as well as Imam Khomeini’s views on inheritance. While presenting a precise definition of the word inheritance, we have tried to clarify the rules and fundamentals serving as the basis for inheritance laws.

Today, “human rights” is the major challenge of all nations. It is so important that legitimacy and acceptability of the governments depend upon how they observe human rights. This paper intends to comparatively study the grounds for and obstacles to these two legal systems to find out that first: Do Iranian laws support human rights according to international standards? Second: Is Iranian government committed to observe the requirements of International Charter of Human Rights according to the rules and regulations of The Universal Declaration of Human Rights? Results of this study show that despite many common grounds, there are still serious obstacles and differences between these two legal systems. Therefore, since Iranian government has accepted covenants of The Universal Declaration of Human Rights and it has to observe the requirements of this declaration according to Article 9 of the Civil Law, there should be found ways to boost commonalties and reduce differences. Results show that the Expediency Council of the I. R. of Iran that was established in 1988 upon an order by Imam Khomeini and empowered through revision of the Constitutional Law in 1989, can help alleviate this problem as a legal instrument by its dynamic performance and normalizing innovations.