جستجوی مقالات مرتبط با کلیدواژه "حکمرانی" در نشریات گروه "فقه و حقوق"

Although it is possible to present a general and apparent interpretation of the foundations and justifications of the idea of "governance" through understanding the structure and legal developments of societies and considering the way citizens and the state interact, understanding its underlying layers (the issue of governance) is completely inconsistent with such an attitude. Based on this belief, the present research aims to gain a sound understanding of the theoretical foundations of governance in Islamic and medieval thought, and then to evaluate and interpret this idea among Islamic thinkers and compare it with the mindset of Western thinkers in the Middle Ages. The approach that governs this comparative assessment is such that first introduces the theoretical foundations of governance in Shiite and Sunni political thought, and then to examine the conceptual developments of governance in the thinking of prominent Western thinkers in the Middle Ages, regardless of the differences and similarities with Islamic governance. The theoretical framework of the present article, in an analytical-descriptive manner, considers the guiding theoretical foundations of governance in the components of Shiite thinkers' thought to be based on the theory of ‘Imamate’ and in Sunni thought, on the theory of ‘caliphate’; and in comparison, it seeks the theoretical foundation of the idea of governance from the perspective of Western legal philosophers and theologians of the Middle Ages in the light of the theory of ‘divine sovereignty’. Finally, with an interpretive approach (legal hermeneutics), it aims to point out a governance model that is compatible and consistent with both views.

The rights of criminal prisoners are important issues that have always been the subject of debate. One of the basic challenges of prisoners' rights is the amount and scope of these rights, which needs to be discussed. Based on this, the purpose of this article is the position of the rights of criminal prisoners in the scope of Islamic decent governance. This article is descriptive and analytical, and the library method was used to investigate the mentioned topic. The findings indicate that good governance by using principles and indicators such as divine education and training, knowledge and piety and piety of the rulers, realization of installments and justice, fairness in judgment. It acts as a supplement to the principles governing the rights of the imprisoned person, and the crystallization of their rights will make them more objective and accessible. The result is that the realization of the rights of criminal prisoners in the scope of decent Islamic governance requires special attention to the private sector and civil society as important elements of decent governance; Because despite the fact that most of the institutions and organizations that implement and monitor the rights of imprisoned people are governmental, the discussion of the rights of imprisoned people has been challenged both from the individual aspect and from the aspect of the world community's view of the human rights situation.

The issue of governance emerged primarily to address the problem of governments' inefficiency in managing societal affairs. Each theoretical model, based on its foundational principles, provides a distinct definition of governance. Governance models, depending on the context in which they were formed and the value system they rely on, are divided into two categories. The first category is non-Islamic governance, which emerged through economic development centered on the market and later extended to politics, emphasizing minimal government involvement. Today, this model is commonly known as Good Governance. The second category is the Islamic governance model, for which there is no clear and universally accepted definition among Islamic scholars. For this reason, the article "The Nature of Islamic Governance" seeks to offer a comprehensive definition of Islamic governance by utilizing the theoretical framework of movement (origin and destination, mover and motivator, and time and place) from Transcendent Wisdom (Hikmat Muta’aliyah). The most significant elements embedded in the proposed definition include: the process of guidance, monotheism, faith, righteous action, reason, and justice.

In recent decades, significant advancements in biomedicine have paved the way for the establishment of biobanks, serving as repositories for individual samples crucial in biological research. These samples are instrumental in identifying genetic diseases and developing appropriate treatments. Nevertheless, a pivotal concern within the domain of public law revolves around how governments address the challenges posed by biobanks and institute the necessary regulatory frameworks. Different legal systems adopt different models of biobank governance. Some legal systems have enacted specific laws, while others have embraced a combination of self-regulation and general government rules. As biobanks continue to expand, a novel form of governance is emerging, wherein biobanks wield influence over political decisions. The present study aimed to examine how Iran’s legal system regulates biobanks and navigates the associated challenges, including the absence of a comprehensive act and the multiplicity of regulatory norms and bodies. These distinctive characteristics may have impacts on transparency, efficiency, accountability, and the establishment of clear-cut mechanisms for sample collection, sample access, and data protection. Focusing on Iran’s legal system, the study addressed the following research questions: What is the model for management of biobanks and their interactions with the government in the legal systems under study? What are the defining characteristics of the regulation of biobanks in Iran’s legal system? What challenges exist in this field, and what potential solutions can be proposed to address them?Literature ReviewPersian literature includes several articles that touch upon this topic, yet they neither provide a comprehensive examination of the regulatory model nor analyze the topic within the context of Iran’s legal system. Instead, they predominantly concentrate on the ethical challenges posed by biobanks.

Employing a descriptive–analytical research method, the study relied on library and Internet sources to offer a description of biobanks and delineate their characteristics and various types, while conducting an analysis of selected legal systems to identify models of biobank governance. As a case study, the research meticulously evaluated all laws and regulations pertaining to biobanks within Iran’s legal system. Drawing upon the results of a comparative analysis, it analyzed the regulatory model for biobanks in Iran as well as its challenges.

The advancements in biomedical knowledge and the establishment of banks for storing human tissue and genes represent significant achievements as well as challenges for the modern state. The challenges arisen from legal, ethical, security, and commercial considerations associated with the collection and storage of human samples, donor consent, and privacy and data protection all have elevated the regulatory role of the state to a new and specialized level. Traditional laws and rules (e.g., public law, civil law, private ownership, privacy and even penal norms) certainly fall short of providing adequate solutions to the challenges arising from biobanking. Biobanks should be considered as emerging and complex objects of state governance. To deal with this complexity, some governments have adopted a model of regulation in order to design a comprehensive legal framework inclusive of (non-)institutional mechanisms concerning the regulation of biobanking. The adoption of the model assumes large-scale, governmental management capabilities to strike a balance between public interests, individual rights, and commercial interests resulting from biobanking; create integration and transparency in biobanking; and ensure public accountability in this regard. Alternatively, some other governments have opted for decentralized monitoring of biobanks by relying on self-regulatory mechanisms that are mostly based on the norms and principles set by non-governmental institutions as well as a few governmental regulations. The decentralized, self-regulatory approach may lack transparency and public accountability but offer adaptability to the rapid transformations in biotechnology, avoiding issues related to macro-bureaucratic governmental management. In any case, effective governance of biobanks requires appropriate methods to address the multifaceted challenges.

The establishment and development of biobanks have ushered in a new era of bio-politics, focusing on individual dissected body parts rather than the body as a whole. Biobanks actively shape biological policies, functioning as subjects of governance rather than passive objects. It seems that ensuring effective network governance and safeguarding public rights and interests require a delicate balance between integrated regulation through legislative norms and self-regulation mechanisms. Governments must strike this balance to play a pivotal role in navigating network governance and guaranteeing its essential functions. Relying solely on integrated regulation through legislative norms can result in an inflexible governance structure that struggles to adapt to changing nature of biomedicine and biobanking. However, certain aspects of biobanking activities must be regulated to ensure efficiency, secure public interests, and maintain accountability while incorporating self-regulatory mechanisms going on in the non-governmental sector.In Iran’s legal system, which is relatively young in the realm of biobanking with a history of less than two decades, biobank governance tends to align more with the model of governmental regulation. However, the Iranian legislator has not introduced specific regulations on banks of human samples. A set of laws, regulations, and documents established by various government agencies, primarily addressing banks of non-human samples, reflects a fragmented and mosaic-like regulatory framework. This approach has not delivered the anticipated benefits of large-scale, governmental management of biobanks, such as transparency, accountability, and the implementation of specific mechanisms related to collecting samples, safeguarding individual rights and privacy, and managing legal and ethical challenges.The legislative body is expected to define general principles and rules for collecting and using human samples, striking a balance between various competing interests. However, due to the specialized nature of the regulated field and limitations related to the legislator’s technical capacity, delving into intricate details may not be a reasonable expectation. It is essential to entrust the detailed regulation to executive statutes or independent specialized bodies.

In line with regulating the the virtual space with the purpose of taking advantage of its capabilities and preventing its threats and damages, numerous laws and documents have been enacted, various legal structures have been formed, extensive budgets have been allocated and significant measures have been taken, but overall, the expected goals have not been realized and the desired results and effectiveness have not been observed. Therefore, this article as an analytical-descriptive research, using with the method of library collection, attempts at finding the answer to the question that what are the gaps, problems or shortcomings that cause the relevant laws and measures to be ineffective or even ineffective and the virtual space not to be duly and appropriately regulated and organized and has resulted in continuation of disorder and chaos? The conducting of this research is a step towards the pathological review of the programs, laws, approaches, priorities and costs and will lead to the effective reorganization of capacities. It will also strengthen hope and motivation in the group of responsible and responsible agents, as the lack of such research will open the way for the continuation of wasting financial and human resources and carrying out fruitless actions. The findings of the research show that the challenges of: "not regulating and organizing the national information network", "not using smart filtering", "weakness of the internal media messaging applications", "problems and obstacles to the effectiveness of the Shahkar system", "freedom of circulation of VPNs and lack of effective actions against the with offending blogs and websites", "lack of foresight regarding the problems of virtual numbers", "Lack of control of domestically produced videos", "inconsistency of the bodies in legislation and implementation and lack of a central management headquarters ", and "the predominance of negation approaches over affrimative approaches in the organization of virtual space" have caused the continuation of disorder, the failure to control the social harms and its spread. In this research, the suggested operational and practical solutions for getting out of the current situation have been explained.

The main philosophy of establishing a political system in a democratic society is to create the necessary mechanisms to recognize and guarantee rights and freedoms. For this purpose, the representative system is recognized so that the political power that is in the hands of political and legal institutions, through free elections, turns people's votes into law and policy.Accordingly, the validity of the government is measured by the votes and satisfaction of the people. In this way, all the components of the government are established through the process of a political-legal relationship. The government exercises public power on behalf of the citizens and relying on their votes. Governance based on religious values has foundations and principles that distinguish it from other forms of governance in such a way that its formation in any society requires the existence of special social and cultural structures and the belief of the majority of people in assigning the foundations of governance to God. It seems that the Constitution of the Islamic Republic of Iran has followed the modern model in significant cases and has recognized the will of the nation as the foundation of the government; Protecting the sovereignty of the nation as the main goal of the constitution and guaranteeing rights and freedoms as the main goal of the government have been considered.The current research is descriptive-analytical and has been compiled with the approach of modern public law and in response to the question that "what are the foundations, position and function of public opinion in the democratic and constitutional systems of Iran?"

In an era when governments are not considered the only actors in the field of public administration, regulation is considered as one of the most important functions of new governance. For this reason, many countries have turned to the establishment of regulatory institutions, especially economic regulation.recruiting a descriptive-analytical design, the study shows that the negative and unsuccessful experiences in this field in some countries, including Iran, indicate that the concept of economic regulation is closely related to the political structure of governments, the prevailing economic approach and the reason they have their general management; so that regulatory goals cannot be achieved in any political system with any management method and simply by creating institutions and enforcing regulations. The prerequisite for any economic regulation is the existence of at least three components of the minimalism of governments in economic affairs, the existence of a free market and regulatory governance. It seems that the main causes of regulatory inefficiency in Iran are rent-seeking economy, government intervention and domination over the economy, and the implementation of sovereignty instead of governance along with other structural and normative flaws of regulatory institutions. Therefore, unless fundamental changes are formed in the economic foundations and the type of management of public administration, mere structural reform and determination and replacement of powers of regulatory bodies and the adoption of various laws and regulations are not only ineffective but also lead to a strong bureaucracy that encourages more governmental intervention.

The interpretation of the Holy Quran is one of the most important scholarly activities of Ayatollah Khamenei, which has not been given much attention due to his political and social activism. He has been engaged in this important task with a social approach and in accordance with the conditions and issues of society in two periods: before and after the victory of the Islamic Revolution. During his presidency, his deep understanding and comprehensive knowledge of the problems of society paved the way for holding interpretation sessions on Surah Hashr, which had a theme similar to the conditions of Iranian society at that time. His interpretive understanding, combined with the two factors of contemplation and adaptation, has provided the audience with a set of Quranic governance rules, and this is what distinguishes his interpretation from other social exegeses. In this article, we will explain his interpretive methodology by presenting an example. Employing a descriptive-analytical method, we will arrive at a set of Quranic governance rules. By comparing these rules with the opinions of other social interpreters who have not addressed them, we will reveal the distinctive feature of Ayatollah Khamenei's interpretation methodology in addressing social issues. These rules include: the predominance of divine laws, the necessity of relying on the masses, the philosophy of Islamic Jihad, the inevitability of repelling evil with lesser evil, the prohibition of creating a class gap, the necessity of solidarity among believers, and avoiding social self-forgetfulness.

Ayatollah Khamenei's Quranic interpretation methodology reveals various social and political issues and precepts that align with the concept of governance. Governance, distinct from the act of governing, emphasizes the role of values and public groups in managing societal affairs. Governance precepts, as far as can be deduced from the apparent meaning of the verses, have been more or less agreed upon by contemporary social and political commentators. However, in cases where they have delved into the verses or applied them to the conditions of societies, they have been unique in their interpretation. In this study, after analyzing their interpretive methods, several governance rules and precepts were obtained, some of which include: the presence of God and Islamic leadership in all fateful societal matters, the prohibition of mixing ignorant era’s tradition with the Islamic tradition, intelligent confrontation with past traditions, suppression of selfishness for social order, preference for faith-based bonds over family ties, the flow of hypocrisy, the flow of social vacillation and in an attempt to prove oneself through swearing, overcoming, the consequence of the presence of God and the Messenger in society. The research method, based on the objective, is fundamental and, in terms of presenting governance provisions, applied; based on the nature of the comparative study, it is descriptive-analytical and based on the data collection method, it is library-based.

Muffassirs (interpreters) have always interpreted the Holy Quran resorting to different methods and orientations. Social and political orientations are among the emerging trends in the field of Tafseer. Political inclinations also have a variety of approaches, with the "governance" approach being one of the newest. Among interpreters, Ayatollah Khamenei is the only scholar who has used this approach to seek Quran-based solutions to political problems. The present article uses a descriptive-analytical method to study interpretation methodology of Ayatollah Khamenei with respect to Monafiqun Surah. Findings show that Ayatollah Khamenei, in his Tafseer, first deepens the teachings of the Quran through contemplating on them and developing the meanings of the tenets and then apply them to our today's life in the Islamic Ummah via comparative study. Based on this method, Ayatollah Khamenei in his interpretation of Surah Monafiqun, mentions several points that can be considered among the innovations and interpretive distinctions of his interpretation of this surah. Consistent with the theme of Surah Monafiqun, the first ruling concerns the recognition of Monafiqs’ evil inner selves. Six propositions can be derived from His statements under this ruling, including "the birthplace of Nifaq (hypocrisy)" and "the cause of the death of Monafiq’s heart". The second ruling also deals with explaining the duty of the leader of the Islamic community and the individuals of the ummah towards Monafiqs and their treacherous movements. Five propositions can be extracted from His statements, from among which we can refer to “the necessity of strict action against Monafiqs” and “The necessity of dealing with Nifaq”. The present article claims that Ayatollah Khamenei’s governance approach has brought about various rulings and principles. Subsequent contemplation and comparison have operationalized tenets of the Quran as they are now applicable to our daily life in the Islamic society.

The concept of governance, as a western-driven normative concept, needs to be recreated in the Islamic discourse. In religious literature, governance can be considered as a path towards good governance. Since changes in a society in the process of governance call for changes of the implemented rulings, it is possible to identify the conditions by referring to religious sources and apply them in the Islamic Republic system to make the governance a wiser process. On the other hand, by referring to the discussion of Naskh (abrogation) in Quranic sciences, useful propositions can be found to achieve this goal. The basis of conditional Naskh, which expresses the change of rulings following a change in conditions and the strengthening of abrogated rulings (in a general sense) if the conditions for the implementation of that ruling are met, is particularly compatible with this goal. In this study, via the library method and with focus on the interpretation of Surah At-Tawbah by Ayatollah Khamenei, the abrogator and abrogated verses have been examined and by extracting three chains of verses and examining the context of the verses and their revelation circumstances, some principles of governance have been singled out. These principles address issues such as policy-making and regulating ties between Muslims and enemies at different junctures as well as the conditions for the realization of final Bara'at from Mushriks..

Ossol amaliya as a method of removing confusion in the absence of a definite and valid reason is a solution that has been followed mainly in individual jurisprudence and in private and criminal law. In public law and governance, including economic, political and cultural, in some cases, these principles have been the basis of action of various institutions. However, this article, in line with the methodology of public law and international law, recognizes the difference between the method of interpretation of religious sources and the need to improve the criteria for inferring rulings in order to prevent the isolation or distortion of religion. Therefore, the main issue of this descriptive-analytical research is the possibility or refusal to invoke Ossol amaliya as well as the method of invoking these principles in governance. It seems that in line with the "necessity of establishing and completing the language of the Shari'a in order to understand history", the Ossol amaliya are not suitable language for the level of governance and can only be used in governance in the form of "approach". The taste of the Shari'a also greatly enhances the preservation of the system of citing Ossol amaliya

Metaverse, as an emerging technology and the next generation of the internet which enjoys noticeable special and quite new features including its unlimited and simultaneous communication possibility in virtual reality, promises undeniable positive effects on the human lifestyle in the fields of medicine, economics, and education. It also brings with itself some negative outcomes including new types of crimes, impersonation and privacy breach risks. Therefore, management of lifestyle in such a new environment is necessary from technical and content point of view. In this regard, defining interactive protocols and standards and explaining the legal aspects of such a space and the contents produced therein as well as strengthening of governance in this areas seem to be among the most important challenges and tasks that the policymakers and legislators encounter. Considering such points, ensuring cyber security and privacy, identifying possible risks in the metaverse, strengthening governance with a balance of security and freedom in the metaverse, and informing and educating people through the media will be necessary for users in using the metaverse appropriately

The good governance is of new subjects attracting the attention of international scientific gatherings in the past two recent decades. Researchers have explained about good governance, regarding political, economical and social dimensions, and economic, political and social stable developing aims. But due to complexity of the subject of governance, there is the necessity to formulate widespread attentions, and instead of presenting various lists and indexes of the characteristics of good governance, to plan the models expressing different aspects of this multi-dimensional phenomenon. Extensive research has been done in this regard, but what is expressed is that the pattern of good governance is developing in proportion to the state conditions of the countries (including political, cultural and religious factors). With a qualitative approach using grounded theory, this research attempts to investigate good governance hallmarks, according to Imam Ali’s (Greetings upon him) views, in the forms as presented in the discourses and letters in authoritative Nahj Al Balagha, as an Islamic and religious reference, and then by presenting new model in this regard, compare it with common good governance models. Hence the text of Nahj-al Balaghe was analyzed in three different phases including open coding, axial coding and selective coding. The results showed that the scholarly behavior, as an axial phenomenon and in interaction with other factors, creates the Good governance model from the viewpoint of Imam Ali (Greetings upon him) (Consequences). The way of interactions between these factors is shown in the final model in the research. Finally, the presented model is compared with common models of good governance

Absolute justice is the ultimate goal of human life. This desirability has led different religions and schools to resort to this concept and take a stand against it. Islam as a socio-political school contains teachings for human worldly and otherworldly happiness. Therefore, important issues such as government and command and justification of its principles and rules in Islamic jurisprudence, especially Shiite political jurisprudence, have been the focus of various discussions. In general theories of constitutional law, the idea of justice is based on the principles of sovereignty and governance, and justice is basically referred to as the basis for justifying the legitimacy of governments, which is usually emphasized in constitutions. The relationship between justice and the legitimacy of the state is one of the most important intersections of the knowledge of law and politics. Accordingly; Explaining the following questions (firstly, what is the predominant perception of justice in the theories of Shiite political thinkers? And secondly, what is the place of this idea in the theories about the legitimacy of the state in the Islamic discourse of governance?) determines and at the same time justifies the forms of governance and its diversity in Islamic societies. This research seeks to explore some of the theories of governance in a descriptiveanalytical manner in line with the above-mentioned goals, with a historical-philosophical approach and with the focus on Shiite thinkers.

Weakness in government functions means the executive branch in many developing countries, including Iran, is evidence of the growing conditions for the spread of administrative secrecy and corruption in these countries. In most of these countries, the source and cause of government inefficiency, the existence of variables such as corruption, secrecy and lack of transparency, rent-seeking in obtaining legal privileges and economic licenses, reduced productivity, employment and unprofitable activities of government employees, disregard for the principle Meritocracy and the rule of gangsterism and the appointment of incompetent people in managerial fields. How to increase the efficiency of the government by prioritizing transparency and countering rent-seeking and discrimination (corruption)? And what are the executive strategies for achieving real government efficiency? And does tackling corruption and creating transparency lead to government efficiency and public satisfaction? The results of the studies conducted in this study can increase the constructive, trusting relations in economic and political systems between the government and the people and, as a result, bring the strength of national development programs and the quality and efficiency of the government in the sense of executive power. Brought. This research examines the effectiveness of government through existing information and records and uses standards related to a qualitative research based on interpretive methodology and content analysis.