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

Transformative justice in the late 1990s, was introduced as a new approach to justice that seeks to transform unjust structures to eradicate structural causes of crime. Because crime is often the result of injustice, domination, and inequality, and as long as the structural causes of crime persist, the crime will remain. Transformative justice pursues this goal mainly by linking restorative justice to social justice movements. Because restorative justice provides desirable opportunities for personal and social changes by facilitating dialogue and social networking. Through this dialogue, members of the community, on the one hand, learn about themselves and seek positive personal changes. On the other hand, they will gain a better understanding of their community and the changes that are needed in it and will unite for structural transformations. The present study by descriptive-analytical methodology, explained the philosophical-social, legal, and criminological foundations of this idea and some practical examples of it.

One of the advantages of Shiite jurisprudence is its comprehensiveness, accountability, and providing solutions to solve the problems and difficulties of human societies. One of the problems of Islamic societies in the present era is the import of consuming goods from non-Islamic countries, which from the perspective of Islamic jurisprudence is considered as Najis and Haram. This paper aims to provide a solution to the problem of food products under the title of transformation (Istihaleh). The paper continues with some introductory topics such as an examination of the viewpoints, the background, the description of the place of the conflict, and the lexical and idiomatic conceptology. Then, while explaining the arguments of purity for the transformation, the study is followed in two main topics. In the first topic, the viewpoint about explaining upon najis and najis maker objects has been criticized, and the viewpoint about the purity of absolute transformation in najis and najis maker objects has been proved. In the second topic, the ruling of doubtful cases is examined and after criticizing the viewpoint of explaining the conceptual and sample doubts as well as lack of correctness of purity in the first viewpoint and accepting correctness of purity in the second viewpoint, the theory of correctness of purity is absolutely proved in the conceptual and sample doubts and it is also forcibly considered as Halal.

The traditional way for recognizing of international customary law by an international court was based on finding out two factors: the »state practice« as well as opinio juris. Nowadays this traditional way is changed by international courts and these courts do not consider »state practice« as a main factor for recognition of international customary international law. Jurists opponent to this approach mention that using this way is illegal and can be regarded as “inventing customary international law by a court” and therefore is beyond the delineation of the judges duties. On the other hand, the advocators express this approach as an evolution in international law so that a court can find out an international customary law without paying too much attention to »state practices «.
In international criminal law, using of the traditional way for recognizing the International customary law does not take place, especially in some tribunals such as ICTY because of security council resolutions.
In addition, some international criminal tribunals have also diminished their resort to “state practice” for recognizing international customary law by considering “Martens clause”, “Human rights” and even decisions of political bodies of international organizations instead of using state practice. This approach has been used in second generation of international criminal tribunals for many times.

The people have, in government, a prominent and decisive position. So that if a government cannot maintain the Popular acceptance, it is doomed. Religious democracy has replaced authoritarian regimes and dictatorships by accepting the power of the people to run the country. The administration of the country, in authoritarian regimes, is not popular, but is based on bureaucracy. The most important element in the running of an authoritarian government is the bureaucracy. Thus, bureaucracy cannot be considered compatible with a religious democracy. The question of this research is what is the alternative to bureaucracy in the system of religious democracy? Of course, the answer to this question is not short-term, but will be realized in the long run and gradually. In this research, descriptive-analytical method has been used. The method of collecting information is based on library. What the results of this study indicate is the focus on NGOs. They have the potential to emerge, in the future, as alternatives to the bureaucracy and to take, in general, over the activities, services and administration of the country. Of course, this requires eliminating the shortcomings of NGOs and expanding and strengthening them. However, the efficiency of government based on religious democracy will increase significantly, with the establishment of NGOs. Citizenship rights will also be accompanied by a fuller guarantee of implementation.

The primary right of blood heirs in the murder is retaliation. but if there was permanent or temporary obstacles in implementation of this right there is disagreement between scholars about nature of their second right. some believe that religious reason require we can not determine compensation. but some believe that once there was obstacle in implementation of retaliation blood heirs can demand compensation. some scholars have an intermediate view that require neither full drop nor full confirmation of compensation. they say that criterion is fault murderer or lack of it in process of implementation of the punishment. Intellectual and religious foundation of this approaches show that the first approach is invalid.and we should accept consolidation of second and third approach.