نشریه تاریخ پزشکی
پیاپی 42 (بهار 1399)

Maghreb / Ifriqiya were conquered entirely by Muslim Arabs after 70 years for political and geographic reasons. After that, Ifriqiya suffered from poverty and econom ic crisis as a result of local insurgency in the region against Muslim Arab governors. But graduly, urbanization and land management, and consequently, trade grew, by the expansion of security and welfare relative to independent rulers. The purpose of the research is to explain the status of citizenship and prosperity and security in the Maghreb and Africa since its conquest in 642 AD until the end of 815 AD. The research question is: How was the status of citizenship in Morocco and Africa since its conques t in 642 AD until the end of 815 AD? To answer this question, it was used descriptively, analytically and historically metod in a documentary and library style. After analyzing the information, the following result was obtained: Relatively welfare and secu rity during the period of independent states led to the growth of population and the development of cities and urbanization. The growth of cities combined with the development of agricultural fields and the increase in production, along with the creation o f new cities, and the importance of the rulers of the region to trade have made the cities of Ifriqiya and the Maghreb become important commercial cities. Different ethnic groups were confronted with different cultures in these cities. This has led to soci al and cultural interactions between natives and immigrant populations .

D uring the contemporary period including Qajar era, Russia and England have influenced the power structure in Iran through military interventions and imposition of business, economic and political contracts. The present study deals with the effect of the competitions by these two colonial powers and its effect on the power construct in Iran and it particularly approaches Turkmenchay and Akhal treaties .

U se has been made herein of a descriptive - analytical method through referring to the documentary and library sources and adopting a historical ap proach to the information gathering style.

T he domestic aspects of Russia and England’s competitions after Turkmenchay and Akhal treaties during Qajar Era caused political, economic and business dependency of Qajar kings on these states, their de privation from independent and intellectual decision - making, country’s becoming of an arena of the colonial powers’ raid, imposition of lethal strokes onto Iran’s process of development and the setting of the ground for the dependent development for a long time amongst the Iranian politicians.

Turkmenchay and Akhal treaties more featured a competitive aspect and they mostly served the protection of the colonial interests of the Russians in Iran and central Asia; in opposite, they also encouraged England to impose other colonial treaties, as well. Colonial competition between Russia and England was largely summarized in this period to the central Asia and India. The fragmentation of Iran and encouragement of the local authorities to separation fro m Iran was another foreign policy pursued by Russia and England and such incidents had actually taken place.

The emergence of Islam and the impact of its moral principles and teachings on the formation of Islamic civiliz ation is one of the hig hlights of history that has marked the process of transition from the age of ignorance to the era of Islamic civilization . From this perspective, examining the impact of the principles of Islamic ethics in the social, economic and hu man spheres can show us other aspects of Islamic ethics.

The method used in this article is descriptive - analytical, which has studied the role of Islamic ethics in the transition of Arabs from the age of ignorance to the age of Islam ic civilization by usin g religious texts such as the Holy Quran, historical and jurisprudential books, as well as the views of Islamologists. Fi ndings: Principles of Islamic ethics in three areas of human dignity, including promoting the status of men and women and eliminating s uperstitions, including burying women alive and reducing their status to sexual means, principles of social ethics and ab andonment of drinking etiquette and violation of fundamental human rights, social rights including sanctity Usur y and emphasis on moral principles such as charity as characteristics of Islamic civilization and provide the transition of the Arabs from the p re - Islamic era to the era of Islamic civilization.

Islamic civilization is considered as the spirit of Islamic life, which in social, human and economic dimensions has provided the necessary conditions for the transition of Arabs to civilizati on. Therefore, Islamic civilization has stable roots in the culture of the pre - Islamic era, which by rejecting s ome of them such as usu ry, drinking, sexual exploitation of women and accepting some of them such as chivalry, hospitality and fulfillment of th e covenant, the principles of Islamic ethics and conditions Has provided the necessary for the transition of the Arabs to Islamic civil ization.

Political and Social Movements, Whatever their Purpose and Motive, Are Rooted in the Real Developments of that Society, Including its Territorial and Geographical Conditions. For This Reason, The Existence of Facilitating Conditions or Obstacles Can be a Factor in the Spread or Non-Spread of the Ideas of any Movement or Social Movement.

The Method Used in This Research is Descriptive-Analytical, Which Has Examined its Development as Well as its Political and Social Effects by Using Historical Sources, Documents and Libraries of Available Information About its Boundaries, Coordinates and Geographical Area.

The Qaramata Movement Occupied Important and Strategic Areas of the Islamic World at the Time of the Spread of Shiite Ideas; And Was an Important Threat to the Abbasid Caliphate. the Movement's Leaders' Reliance on the Unjust Political and Social Conditions Against the Shiites and their Attention to Areas Where the Public Has Been More Inclined to Establish Justice and Oppression Are the Hallmarks of the Qaramata Movement. The Members and Leaders of the Qaramata Movement Developed their Political Ideas in Different Lands, Taking Into Account Their Geographical Advantages.

From the Point of View of Political Geography, The Qarmatians Were Able to Challenge the Authority of the Abbasid Caliphate in a Wide Range of their Areas of Activity, Such as Iran, Shamat, and Iraq; However, in Some Other Areas of the Islamic World, they Enjoyed More Favorable Opportunities to Increase Their Power and Achieve Their Goals. Like Bahrain, Where the Government of the Qarmatians Was Formed and They Were Able to Take Advantage of the Conditions and Geographical Factors of These Regions. For This Reason, Qaramata is One of the Pioneers of Geopolitical Thought in the Islamic World Due to the Choice of Bahrain as a Place to Spread His Thought.

The Rights and Duties of Couples Form the Basis of the Family Behavior System and the Relationship Between Them. For This Reason, Weakness and Lack of Change in the Laws and Rights of Couples Can Have Adverse Effects on Cohabitation. One of the Most Important Things That Can Relate the Changes of Time to the Discussion of Couples' Rights are the Components of Time and Place That are Discussed in This Study. The Question that the Present Study Seeks to Answer: In What Ways do Time and Place Affect the Rights and Duties of Couples?

The Method Used in the Present Study is Descriptive-Analytical, Which Has Been Collected in a Documentary Manner Using Books, Articles, Jurisprudential Sources and Views Presented by Lawyers.

Time and Place are the Advancing Element of the Legal System Between Couples, Which, Both in Terms of Rights and Duties, Lead to the Formation of Good Communication, Loyalty and Mutual Respect Between Couples, Proper Performance of Matters Such as Custody of Children, Their Upbringing. It Also Becomes a Model for the Family Behavior System.

The System of Couples' Rights in Iran, According to The Extraction of Laws From Religious and Islamic Texts, Always Responds to the Needs and Problems of Couples Based on Rights and Duties, Which of Course Requires Considering New Components of Human Rights in Various Dimensions. Using the Condition of Marriage Conditions Allows Women to Reduce Legal Restrictions Against Them and Gain More Independence and Freedom in Family Duties and Obligations Arising From Marriage. These Conditions Include the Freedom to Choose Women's Employment, The Restriction of Men's Dominance Over the Family, and the Creation of Laws For Women's Freedom of Action in the Category of Enjoyment and Even the Right to Divorce.

International Institutions Are Recognized as one of the Most Important Legal Pillars in the Contemporary Era. For This Reason, There is a Set of Formal and Informal Institutions Whose Goals and Policies Need to be Examined in the Light of Their History and Developments in the Light of the Changes of the Time. The Purpose of the Present Study is to Change the Goals of the Arbitration Institution in the Light of the Historical Developments of this Institution.

The Method Used in the Present Study is a Qualitative one That Specifically Uses a Descriptive-Analytical Approach and has Collected Materials in a documentary and Library Way.

Arbitration Institution Today is out of the Traditional and Simple State and has Become an Agreement and Contract and has Codified Legal Rules. Membership and Acceptance in Them Requires the Normalization of Domestic Laws and Regulations in Order to Resolve an Important Part of Legal Disputes in Various Issues. The Arbitration Body Does not have a Specific Organizational Structure. Also, The Interpretation of the Legal Rules of the Arbitral Institution and the Domination of Some Countries Over its General Legal Rules is Considered as one of the Challenges of the Arbitral Institution and an Obstacle to its Learning.

In Terms of the Impact of Historical Events, the Acceptance of Conventions (Especially the 1958 New York Convention), the 1958 UNCITRAL Model Law, the Model Laws on Arbitration, the Establishment of Arbitration Institutions, the Oil Crisis of the 1970s, The Growth and Development of International Trade. In the Present Era, it is one of the Most Important Reasons for the Expansion of the Rules and Goals of the Arbitration Institution, Which has Undergone Several Transformations According to the Developments.

Examining Trade Relations From the Perspective of Religious Teachings is one of the Basic Criteria in Examining the Attitude of Islam Towards Interaction and Establishing Relations With Other Nations, Including Non-Muslims. The Aim of the Present Study is to Study the Historical Relationship of Muslim Business Relations From the Perspective of Verses and Hadiths as well as the Life of the Holy Prophet of Islam (PBUH) and the Infallibles (AS).

This Research is Based on a Descriptive-Analytical Method and Using a Historical Approach and Analysis of Documents and the Use of Written Library Resources and Using Verses, Hadiths and Jurisprudential Opinions Known as Historical Analysis of Muslim Trade Relations With Non-Muslims. Paid.

Muslim Trade Relations With Non-Muslims are Closely Related to Civil Rights in Islam. This Means that According to Islamic Rules, Muslim Trade Relations With Non-Muslims Should be Based on the Inherent Dignity of Human Beings, the Dignity of the Islamic Society, the Denial of Hardship and Also the Interest of the Islamic Society.

As Long as Non-Muslims do not Act Against the Public Security and Integrity of the Islamic Society, they Can have Economic and Commercial Activities Like Other Citizens, And Muslims Can also Establish Business Relations With Them. Islam's Attitude Towards Interacting With Non-Muslims is Followed by Considering General and Specific Privileges for Non-Muslims, Which, of Course, Should not be an Economic Pretext for the Spread of Unusual and Forbidden Economic Practices in the Field of Business and Wealth Creation.

although the jurisprudential guardianship in its political sense is an idea belonging to the contemporary era and establishment of Islamic Republic system in Iran, it is historically rooted in the thoughts of the Shiite jurisprudents who have fostered the elements of this concept during various eras. Based thereon, the present study aims at the investigation of the history of the jurisprudents’ guardianship as viewed by Sheikh Tusi also known as Sheikh Al-Ta’efeh [the elder of the tribe].

the study method is descriptive-analytical and use will be made of the works by Sheikh Tusi and other Shiite jurisprudents and scholars as the primary sources of the research. Therefore, the required information has been collected based on documentary and library research.

the mindset of Sheikh Tusi about the guardianship of the jurisprudents is based on their playing of roles in the social and judicial affairs as well as their devising of strategies for receiving Khoums [one fifth of the properties) and dealing with the financial matters and his mindset does not feature a prominent political aspect. However, the ideas of the jurisprudents about various affairs of the society is influential and articulate in the era of occultation of the immaculate Imams (peace be upon them) for they are individuals with sufficient recognition and knowledge in the area of the religious verdicts and this same approach has become a ground for the fostering of the theory of jurisprudential guardianship by the other Shiite scholars which is reflective of the theory’s perfection in the course of Shiism’s history.

proposing jurisprudents as the continuers of the movement by the great prophet of Islam (may Allah bestow him and his sacred progeny the best of His regards) and the immaculate Imams (peace be upon them) in the domain of various issues, fostering of the Shiism’s political mindset based on the guardianship of the jurisprudents against the political mindset of the tyrannical sultans and the fellows of oppression and considering the jurisprudents as rightful persons in the judicial and non-litigious matters are amongst the indicators that can reveal the mindset of Sheikh Tusi as a carrier for the transferring of the theory of the jurisprudential guardianship to the future eras.

Islamic Civilization in the Early Centuries From the Second Century to the fifth Century AH, Has Passed its Golden Age, and it Was During This Period that Extensive Intellectual and Scientific Ideas and Schools of Thought Were Formed. One of the Influential Currents in This Period Was the Translation Movement, Which Caused the Emergence and Fall of Some Scientific and Philosophical Ideas in the Islamic World.

The Method Used in the Present Study is Descriptive-Analytical Based on Theoretical Studies and Library Researches.

The Translation Movement Has Influenced the Formation of Scientific Currents in the Middle Ages in Various Ways. First, it Promoted Etzali Ideas Through the Translation of Greek and Syriac Works and Their Fusion Into Islamic Culture. Secondly, it Created a Situation in Which the Ash'arites, in Opposition to Etzali Ideas, Resorted to Philosophical Methods and Rose up Against the Mu'tazilites.

The Works of the Translation Movement have Continued Even to This Day and Have Spread Philosophical and Argumentative Ideas in the Islamic World in Various Forms. In Addition, the Rationalism and Discourse-Centeredness of Mu'tazilites’ Thoughts and Works Caused Further Discussions and Opinions in the Field of Epistemology of the Islamic World as a Result of the Translation Movement. The Translation Movement and Its Derivatives Have Renewed Religious Modernity Among Iranians After a Long Pause and Created a Philosophical Controversy Between Various Currents, Including the Ash'arites and the Mu'tazilites, Which itself Expresses the Conflict of Opinions in the Golden Age of Islamic Civilization.

Islamic Society Which is in Fact the Same Country or Islamic Land Where the Majority are Muslims or Islamic Rules Prevail, Has a Lot Relationship With Citizenship Rights. The Members of the Islamic Community are Citizens (Muslims and non-Muslims) Who Have Their Own Rights. The Present Study Seeks to Investigate the Attitude of the Islamic Society Towards the Civil Rights.

The Present Descriptive-Analytical Research has Collected Information from Books, Articles, Religious Texts and Documents to Write the Subject.

Islamic Society Often Means Drawing an Ideological Border or, if Possible, a Geographical One Between the Islamic World and the World of Infidelity, Which, of Course, is Based on the Liberating Teachings of Islam and the Political, Social, Cultural and Economic Rights of Citizens. It is Observed Among Muslims and Non-Muslims as Well. Therefore, the Emergence of the Islamic Society is Due to the Implementation of Islamic Rules and Peaceful Coexistence Based on Divine Teachings and Does not Only Deal With the Rights of Citizens at the Geographical Border.

The Islamic Society Defines the Range of Attitudes and Boundaries of Islam in Relation to Other Schools and Ideologies, But its View to Contemporary Citizenship Rights is a Positive and Progressive. The Idealistic and Extraterritorial View of Islamic Society is not Compatible With the Hegemonic Approach, but is a Moral Message for the Realization of the Oppressed Around the World and a Life of Peace and Justice that Forms the Basis of Civil Rights Today. Islamic Jurists Should Try to Explain the Islamic Rules on Citizenship Rights in the Light of Contemporary Developments and to Avoid Accusations of Human Rights Around the World. This Unites the Islamic World, Both Shiites and Sunnis, and Creates a Unified Approach to Customary Citizenship Rights.

With the spread of terrorist operations in the aftermath of the 9/11 attacks, in the process of combating terrorist activities, for a variety of reasons, including the lack of control tools and the special status of terrorist forces relative to ordinary people, some governments have taken steps to prevent defendants They committed terrorist acts in some instances of human rights and humanitarian law, including the right to a fair trial.

This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

The new practices have been heavily criticized by writers, lawyers and even non-governmental actors such as the Red Cross. These criticisms led to the drafting and ratification of important non-binding documents by the United Nations. These non-binding documents moved to interpret and reinforce existing rigid norms.

 In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

In analyzing the case law of national courts in the face of soft humanitarian law, two different assumptions can be made: In the first hypothesis, the pattern of behavior of national courts in the face of the soft law environment is also considered by other national courts in the territory of other countries and this behavior of national courts through repetition, in fact, provides a good basis for the formation of international customary norms and rules. In the second hypothesis, national courts resist the formation of new customary norms and rules. Simply put, they do not enforce the soft norms and rules proposed by other courts in the international law literature because they are non-binding and conflict with some of the existing strict principles and rules.

Amongst the Newly Emerging Creeds That Had Been Able to Exert a Considerable Deal of Effect During Sassanid Era on the Then Political and Social Statuses Was the Mindset of Mazdak and his Followers, i. e. Mazdakis. This Movement Challenged the Class Relations and Divulged the Clergymen and Magi’s Influence and Succeeded in Changing Some of the Iranian Society’s Historical and Social Relations. The Present Study Seeks Investigating the Mazdakism’s Political and Social Effects.

The Present Study Uses a Descriptive-Analytical Method to Analyze the Expansion of Mazdakism and its Effect on the Political and Social Relations of the Iranian Society in the Sassanid Era.

Mazdak’s Thoughts Hence Mazdakism Challenged Many of the Social Relations, Including the Domination of Some Classes Such as Clergymen and Magi as Well as the King’s Companions in the Sassanid Era. Amongst the Challenged Issues Was the Proposition of the Equality in Properties and Wives That Could Bring About Attractiveness for the Lower Social Classes That Thought They Can Accordingly Make up for the Oppressions to Which They Had Been Subjected. On the Other Hand, the Sassanid Ghobad, as Well, Took Advantage of Mazdak’s Vast Movement and Announced Himself as a Follower of Mazdakism so as to be Able to Reduce the Power of the Clergymen and Simultaneously Restore the Prior Kingship Relations.

As One of The Essential Pillars of Practicing Policies in the Iranian Society, Parity and Equality Have Been the Source of Evolution in the Society Since Long Ago With Mazdak’s Mindset Being an Applied Manifestation Thereof. Mazdak’s Equality-Seeking Thoughts Made the Lower Social Classes Hopeful in the Establishment of Social and Political Justice and it can be Even Said that they Became Preludes to the Expansion of Equality-Seeking Thoughts Amidst the Religious and Political Creeds in the Later Periods. Although the Idea of Having Equal Shares of Women and Wives Was Raw and Unexpected, it Was Expressive of the Class-Based Suppression in the Time of Sassanids and it Encouraged Everyone to Gather Around and Rise up With Mazdak. In This Way, Mazdak’s Uprising Has Been one of the Turning Points of the Attention to the Establishment of Equal Relations in the Iranian Society.

Today, Cyber Theft is one of the Most Common Forms of Cybercrime, Which has Entered the Field of Proprietary Criminal Law and Has Challenged the Principles and Rules Governing Traditional Theft. This Crime, in Spite of the Similarities With its Traditional Type in Terms of Name, Result (Acquisition of Other People's Property) and Crimes Against Property, has Fundamental Differences in Terms of the Constituent Elements of Crime and Punishment. Therefore, the Purpose of this Study is to Investigate the Historical Developments of the Actus Reus in Traditional and Electronic Theft.

In the Present Study, Which Has Been Collected by Descriptive-Analytical Method and Using Library Tools, While Examining the Differences Between Traditional and Computer Theft, in Particular, the Actus Reus of These two Criminal Behaviors has Been Discussed. What has Been Discussed in Related Research so Far is the Study of Electronic Theft in the Framework of the Islamic Penal Code adopted in 1370. For this Reason, Firstly, in the Present Study, the Historical Developments of This Type of Theft Will be Examined in the Midst of Legislative Developments, and Secondly, the Author Will Emphasize and Focus on the Actus Reus of This Theft; Also, in Addition to the Discussions, the Feasibility of Committing Border Theft in the Field of Electronic Theft Will be Discussed.

There are Differences and Similarities Between Traditional and Computer Theft in Terms of the Elements That Make up Crime. Among Other Things, the Actus Reus in Both Crimes is Steal. Of Course, Steal in Cyber Theft is Different From Kidnapping in Traditional Theft. Thus, Steal in Computer Theft According to Article 12 of the Cybercrime Law Includes the Following Types of Behavior: One is "Caught" and the Other is "Cut", Which in the Dump, Unlike all Traditional Theft Cases, Still Has the Same Data at its Disposal.

 In Order to Organize this Research, While Observing the Authenticity of the Texts, Honesty and Fidelity Have Been Observed.

In the Present Study, it Will be Observed That the Subject of Crime is Traditional Theft of Property. However, the Subject of the Crime of Cyber Theft is Limited to Data and Information, and the Data on the Subject of Cyber Theft do Not Have to have Financial Value. Because, Firstly, in the Text of the Law, Data is Absolute, and Secondly, What is Important in Relation to Data and Information is Their Content. In Computer Theft, the Element of Illegality is Required, Which is Equivalent to the Same Dissatisfaction in Traditional Theft. One of the Important Differences Between These two Crimes is the Context of the Crime. In Computer Theft, Cybercrime is the Basis of Crime, Which is a Kind of Virtual Environment. While the Crime Scene of Traditional Theft is the External Environment or the Physical Space.

With the Introduction of Technology in the Legal system of Different Countries, Including Iran, Various Advances Have Been Made, Including in the Fields of Litigation and Electronic Service. In the Meantime, Electronic Service as one of the Components of a Fair Trial Should be Considered. The Need to Use Electronic Devices in the Process of Litigation and Service is an Undeniable Issue. This Necessity is Felt More in the Current Situation of the Society and the Judiciary has Used These Conditions as a Suitable Opportunity to Advance its Goals in the Field of Litigation and Electronic Service.

In This Study, Which has Been Collected by Analytical-Descriptive Method and Using Library Tools, First, the Process of Electronic Service in the Iranian and Common Law Legal Systems Has Been Examined. In the Next Step, According to the Tools Available to the Courts of Both Legal Systems in the E-Litigation Process, the Effects and Gaps of These Systems Have Been Considered and Discussed.

In the Field of Electronic Service, in Order to Complete This Great Change in the Iranian Judicial System, This Process Should be Designed for Iranians Abroad and People With Unknown Location and Without an Account. On the Other Hand, the E-Litigation System Does not Have the Ability to Completely and Fundamentally Bypass the Traditional System; Rather, it Must Move Alongside This System and Develop and Improve its Efficiency.

 In Order to Organize This Research, While Observing the Authenticity of the Texts, Honesty and Fidelity Have Been Observed.

Examining the Common Law System in the United States and the United Kingdom, We Find that the Principle of Optionality Applies to Electronic Service and Courts Use Electronic Service in the Case of Consent, as Well as in Cases Where They are Frustrated by Traditional Means; This Indicates that Electronic Service has Come to the Aid of the Traditional System With the Help of the Judicial System, and that the Courts Should not Approach the Elimination of Traditional Methods.

The Historical Evolutions of the Lawsuit Management in the Advanced Legal Systems Signify that a Vast Part of the Efforts in the Area of Trial have Been Spent for the Creation of a Fair and Truth-Oriented System. The Arrival at this Optimum Entails Designing a Precise and Comprehensive Method of Trial Process Wherein Each of the Lawsuit Actors, i.e. the Judge and the Parties, are Provided With Equal Facilities for Winning the Case. The Present Article Aims at Exerting Efficient Regulations for Preventing Carelessness, Imposition of Costs, Loss of Opportunity and Psychological Pressures Stemming From the Legal Case’s Stress.

This Descriptive-Analytical Article has Been Carried out Through Library Research and Note-Taking has been the Method of Choice for Data Collection.

 This Article has Been Prepared and Codified Through Adherence to Honesty and Without Unscientific and Unspecialized Bias and With Respect to the Intellectual Rights of the Authors.

The Study Findings Signified That the Positive and Constructive Evolutions Brought About in the Area of Lawsuit Management have Resulted in the Concomitant and Good Will-Based Cooperation Between the Judge and the Lawsuit Parties. The Observation of the Regulations, the Principles Governing the Trial Process and the Legal Doctrine Indicated That the Distribution of the Roles is to a Large Extent Balanced in the Area of the Factual and Judicial Affairs and that this Balance is Reflective of the Judges and Parties’ Correct Management of the Lawsuit.

Although There are Superiorities in the Civil Lawsuits With them Belonging to the Lawsuit Parties in the Factual Affairs and to the Judge in the Judicial Affairs, This Relative Superiority Does not Cause the Role of the Judge in Administrating the Factual Affairs and that of the Lawsuit Parties in Administrating the Judicial Affairs to be Passive and Less Important. In Fact, Lawsuit Management is a Manifestation of the Analytical Investigations Along With Related Economic Matters and Seeks Better Perception of the Lawsuit as a Legal-Economic Phenomenon From the Perspective of the Administration of the Trial Actors’ Mutual Behaviors.

In Every Country, the Constitution is the Document Rendering Coherent the Relations Between the Nation and the Government. The Contemporary History of Iran Has Accommodated Two Laws, Namely the Constitutionalism Era’s Constitution and Islamic Republic of Iran’s Constitution. The Present Study Aims at Historical Investigation of the Citizenship Rights’ Evolutions in the Abovementioned Constitutions.

 Trustworthiness, Honesty and Content Originality are the Principles Completely Observed in the Present Article From the Beginning to the End.

The Present Descriptive-Analytical Research Has Been Compiled Through Taking Notes From Library Resources.

As Signified by the Study’s Findings in Regard of the Trends of the Citizenship Rights’ Historical Evolutions in the Constitutionalism Era’s Constitution And Islamic Republic of Iran’s Constitution, Regulations Have Advanced Towards the Preservation of the Human Veneration and Observance of the Citizenship Rights.

It Was Found Out in a Study of the Trends of the Abovementioned Constitutions That Each Has Its Own Specific Properties and That Each is Different Somewhat in Terms of the Citizenship Rights From the Other in Such a Way That the Individuals’ Citizenship Rights Were Not Being Respected the Way They Deserved in the Constitutionalism Era’s Constitution; As an Example, There Was no Principle in the Foresaid Constitution for Respecting the Women’s Rights Whereas the Islamic Republic of Iran’s Constitution Has Paid a Lot of Attention to This Important Matter. These Two Laws are Also Different in Terms of Quantity and Quality in Such a Manner That the Constitutionalism Era’s Constitution is a Lot Smaller in Volume Than Islamic Republic of Iran’s Constitution; as for the Individuals’ Legitimate Freedoms, They Had not Been Given so Much Room in the Constitutionalism Era’s Constitution.

 The Growing Trend of Population and Lack of Space in Large Cities Justifies the Existence of Apartment Living. Apartment Construction Has Become an Independent Profession of Some Individuals and Legal Entities in The Years After the Islamic Revolution Due to Population Growth and Consequently The Increase in Demand for Housing and the High Cost of Urban Land on the Other Hand Forced Builders to Meet Part of Their Financial Needs by Pre-Selling Some of Their Buildings. Also, the Low Purchasing Power of Applicants on the Other Hand Encouraged Them to Pre-Purchase. And the Payment of Installments Became the Price. All These Factors Went Hand in Hand so That the Phenomenon of Pre-Sale and Pre-Purchase of Apartments Became Common and Widespread in Big Cities. The Main Purpose of the Research is to Help Resolve the Problem of Disputes Between the Parties in Pre-Sale Contracts, Which is a Major Part of Legal Cases in the Courts.

 With a Historical Study in the Legislative Process Regarding the Pre-Sale of Buildings, the Findings Indicate That the Law Adopted in 2010 Has Solved the Problem of Many Judicial and Legal Problems Facing Pre-Buyers and Pre-Sellers and Abuses. Has Prevented the Possibility in This Regard.

 This Article Has Been Done in a Descriptive-Analytical Manner Using the Library Method and With Fish-Taking Tools.

In all Stages of This Article; The Principle of Fidelity, Honesty and the Principle of Content Have Been Observed.

 In The New Law, the Types of Pre-Sale Contracts are Separated and the Rights and Obligations of the Parties are Determined in Each of These Contracts. Until the Enactment of This Law, There Were Shortcomings Regarding the Conditions of Concluding this Contract, Which Have Been Eliminated by Approving This Law and Determining its Conditions and Required Documents. The Need for Official Registration of This Contract and the Documents Required for Its Registration are Also Stated in This Law. The Necessary Contents and Clauses of the Building Pre-Sale Contract Are Specified in This Law, Which Can Reduce the Occurrence of Unnecessary Disputes in This Regard. Considering it Necessary to Register the First and Final Stages of Concluding a Contract in the Notary Public Office in the 2010 law, Most of the Lawsuits Arising From the Pre-Sale Contracts of the Building are Resolved Automatically and do not Appear, and This is One of the Benefits of This Law. Obtaining the Necessary Documents Such as Construction License and Insurance Policy and the Certificate of the Supervising Engineer and the Need to Submit Them to the Notary Public Office are Other Benefits of This Law.

The Buyid Dynasty Played an Important Role in the Spread and Growth of Islamic Culture and Civilization. ‘Adud al-Dawla Was the Most Powerful Ruler of this Dynasty in Iran and Iraq, Who in 367 AH, as Amir al-Umara’, Actually Took Over the Affairs of the Abbasid Caliphate. According to the Testimony of Many Historians and Biographers, ‘Adud al-Dawla Was Known for His Friendship With Science and Literature and His Remarkable Support of Scientists and Scholars. Undoubtedly, Who was the Founder of Religious and Cultural Debates.

The Present Article Tries to Prove That the Era of Al-Buyids and Especially the Period of ‘Adud al-Dawla Dailami can be Considered the Era of the Hospital-Building Movement in Islamic Civilization by Using Library Studies and Using Descriptive-Analytical Method Based on Valid Data From Ancient Sources and new Research.

He Also Founded Mosques, Hospitals and Public Buildings in Many Other Cities. He Donated part of the Government's Assets to Charity. In Particular, it Cost a Lot to Build Hospitals. Baghdad's ‘Adudi Hospital, Which Became Famous all Over the World, is one of his Actions. The Construction of this Huge Hospital, Which Cost About one Hundred Thousand Dinars, Began in 368 Lunar Years and Ended in 372 Lunar Years.

This Hospital, With its Efficient Administrative and Educational Structure and Services, and Strong Financial Support for the Treatment and Welfare of Patients, Especially the Training of Physicians in Specialized Fields, Has Been Unique in the History of Educational and Medical Institutions in Islamic Civilization.

Islam’s Legal System is a Strong Backup for Iran’s Legal System Because the Iranian Legislator Has made References in Various Cases to Islam and Cannon and all the Country’s Legislative and Judicial Decisions Must be Based on the Cannon. In Islam’s Rulings, Testation has Been Recounted as a Permitted Thing and it has Been Greatly Underlined Considering the Human and Social Aspects Thereof. The Importance of Testation in Islam is to the Extent That the Great Prophet (May Allah Bestow Him and his Sacred Progeny the Best of His Regards) has Ordered in This Regard That “the Person Who Falls Short of Making a Will Before Death is Flawed in Iintellect and Manliness”. The Present Study Aims at Extracting the Silent and Brief Cases of Iran’s Statutory Provisions Concerning Testation and Offering Documented Responses Through the Use of the Credible Jurisprudential Methods For Overcoming the Problems Existent Regarding Testation Via Matching Iran’s Laws and Islam’s Laws.

The Findings Indicated That the Laws of Iran and Islam Have Been More Interacting With One Another and That Iran’s Laws Have Been Drawn on Islam’s Laws in Regard of Testation. Thus, in Many of the Cases That the Civil Laws Have Been Silent or Ambiguous Regarding Testation, the Islamic Jurisprudence has Responded to the Extant Ambiguities.

The Present Documentary Research Has Been Conducted Through Taking Notes From Library Resources. Ethical Considerations: The Present Article Has Been Codified Relying on the Ethical Principles and in Adherence to Honesty and Trustworthiness.

Using Scrutiny in the Civil law, it is Observed That There Are Very Important Legal Issues About Testation and They May Cause Ambiguity and Confusion as Well as Quarrel Between the Inheritors and the Interested Parties in Many of the Similar Cases so it is Necessary to Clarify the Civil Law’s Silent and Brief Cases About Testation and Resort to the Islamic Jurisprudence for Finding Solutions to Such Cases as the Discrepancies Between the Testators, Testation by the Individuals With no Inheritors, Testation For the Inheritance of one Third or a Surplus Amount of the Left Properties and Some Other Cases That the Legislator Has Preferred to Keep Silent in Determining Their Statuses and no Response is Found in the Statutory Provisions.

A Study of the Process of Determining Destiny Among Islamic Societies Shows That the Fate of the Majority of These Societies has Been Decided by the Elites. In Fact, the Right to Self-Determination is a Right That all People Have, and the Emphasis on the Participation of Individuals in Their Socio-Political Destiny is Both Rationally Desirable and Experience Has Shown That no System Will be Stable and Strong Without the Acceptance and Support of the People. In this Article, We Reveal how the Elites Function in the Maximum Participation of the People in the Elections, Which has Been Done With an Approach to the Elites in the History of Islam.

The Research Method in this Article is Descriptive-Analytical and Using Library Resources. Findings of the research: or the Facts Indicate That; What is Important is the Creation of Knowledge-Based Participation, an Effective Factor in This is the Need for Elites and the Use of Elite Ideas in Challenging Government Performance and Forcing Them to Be Accountable to Help the Public Work to Select the Best. Ethical considerations: From the Beginning to the End of This Article, Ethical Principles Such as; Trustworthiness and Honesty Have Been Observed.

Considering Our Country's Acceptance of the Principle of Self-Determination, Addressing How to Create Better Conditions for the Informed Participation of the People, as Well as the Obstacles Faced by Elites in Influencing the Right to Self-Determination, are Among the Necessities of This Article. The Elites, by Heating up The Election Scene Through Debates, Propaganda, Etc. , and by Rational and Organized Association, Away From Political Controversy, Cause the Maximum Participation of the People in the Elections, Because the Elites, in Order to Encourage or Limit the Participation of the People, They Have More Tools and Facilities and Because of Their Power and Impact, Therefore; TheyCan Accelerate the Political Progress of the Society With Their Actions and Help to Better Organize Political Participation and the Realization of Democracy. Therefore, Policymakers Should Remove Obstacles to the Identification and Cultivation of Elites Within the Framework of the Constitution and Political Requirements of the Islamic Republic of Iran. Provide a Mechanism For Elite Participation in Decision-Making and Decision-Making.

Marriage Indicates the Rule of Law and Duties in Marital Relations. Which Has Brought About Many Changes Since the Creation of Man Until Now, Regarding Various Factors in the Formulation of Regulations Related to This Rule are Considered. Customs and Social Habits, as a Factor and the Oldest Legal Phenomenon, Along With the Law are Among the Necessities of Social life. Our Purpose in This Article is to Examine and Explain the Nature of Custom, How it Interacts With Law, the Role and Application of Custom in Rulings. Related to Marriage From Both Financial and Non-Financial Perspectives, as Well as the Evaluation of These Cases With a Jurisprudential and Legal Approach. The Study of Customary Historical Developments in Matters of Marriage Will be How a Custom has Become a Practice Over Time, and How a Procedure Has Become a Law.

In this Article, It Has Been Compiled in a Descriptive and Analytical Method and Uusing Library Resource Collection Tools.

In This Article, it is Clear That the Law is Considered the Main Source of Law Due to Its Characteristics and Custom has Shown its Practical Value in The Role of Interpreter and Complement. Hence, the Place of Custom in the Legal System, Whether in the Position of Inference or in the Position of Application and Implementation of Rules, is Undeniable. In Islamic law, Although Islamic Law Contains Complete and Comprehensive Rules, the Role of Custom in the Development of Jurisprudence is Significant Because Islam Always Considers Valid Custom That has a Rational Origin and Does not Oppose the Holy Law. Ethical Considerations: In the Process of Writing the Article, From the Beginning to the End, Relying on the Principles of Fidelity, Honesty and Originality of the Content has Been Observed.

When we Study the History of Custom, One Part of it Goes Back to the History of the Predecessors and the Other Part Has Become a Current Custom and Practice With Many Changes. In Particular, Claims Related to Family and Marriage Have Been Referred to Custom. Considering the Vital and Influential Role of Family and Marriage on Social Systems and the Influence of the Family System, Especially Couples' Relations, on the Prevailing Custom, it Seems Necessary to Examine the Truth and Position of Custom in This Field With New Research and Study. Therefore, the Results of This Study Include: the Strength of the Influence of Custom in Understanding the Issues Raised in the Field of Marriage, Its Involvement in Legal Courts, Obtaining the Legitimacy and Acceptance of Some Customs in The Interests of the Public and the Purposes of Islam and the Decisive Role Custom Pointed to the Emergence of new Examples of the Rights and Duties of Couples.

Examining the Limits and Limits of the Islamic Government in Various Issues as Well as Its Duties Towards Worship is one of the Most Controversial Issues for Muslims. This Means That Some, by Limiting the Role of the Islamic Government, Want to Consider Worship as Private, and Some, With the Maximum Regard for the Duties of the Islamic Government, Want the Islamic Government to Play a Role in Worship. For This Reason, the Purpose of the Present Study is to Investigate the Historical-Analytical Duties of the Islamic Government Regarding Worship.

The Method Used in the Present Study is Descriptive-Analytical, Which According to the Approach of the Article, Uses Historical Sources That are Considered as a Historical-Analytical Approach.

The Islamic Government Has Been Established on the Basis of the Law Derived From Shari'a, and for this Reason, it Has Significant Powers and Duties in the Field of People Performing acts of Worship or Leaving Them to Perform Acts of Worship. For this Reason, Doing Things That Cause the Worldly and Otherworldly Happiness of the Members of Society or Leaving Them Causes Corruption and Threatens the Islamic Society, is one of the Duties of the Islamic Government in the Field of Worship. Therefore, Worships Whose Abandonment Promotes Corruption and the Spread of Denial Require the Intervention of the Islamic Government.

Islamic Rules are Most Concerned With Social Activities. Accordingly, Acts of Worship Whose Abandonment Causes Corruption and Threatens the Common Good Require the Intervention of the Islamic Government. Therefore, the Islamic Government Should Inform in the First Step and Reprimand, Punish and Punish in the Next Steps, and if it is Against the Interest of the Islamic Government if Muslims Abandon Worship and Abandonment of Duty, Then the Islamic Government Should Deal More Severely and Sharply to Protect the Interests of the System.

Many Researchers Don't Have Exact Information About Pre-Islamic Samarkand, and Most Records are Dispersed. In the Islamic Period, too, Sources on Samarkand are Fewer Than Those on Other Cities of the Great Khorasan. However, It Can be Understood From Writings That it Has Been one of the Largest Cities of Transoxiana, and on the Route of Great Commercial Highways. The Aim of this Research is to Perform a Historical and Political Study on Samarkand's Conditions From the Beginning of Arab Conquest Till Ma'mun's Caliphate.

The Research Method of This Study is Retrospective, and of the Descriptive-Analytic Type.

Arabs Entered Samarkand in the Second Half of the First Century (A. H. ) in Order to Capture Khorasan. Qutayba-Ibni-Muslim Annexed the Whole Samarkand to Iraq. During the Abbasides Period, Samarkand Was Ruled by Abu-Muslim, and the City Was in Peace for Some Time. But After Abu-Muslim Was Killed, the Abbasides Sent Numerous Rulers to Samarkand, and Kept the Place Under Their Own Predominance. Ethic Considerations: In this Study, the Principles of Trustworthiness, Honesty, and Avoidance of Advocating Texts are Regarded.

Arab Muslims Entered Khorasan, and Marv Aftermath, Chasing Yazdgerd the Third. There, they Recognized two Great Powers of the Time, That is, the Chinese and the Turks. Arabs' Conquests have Been Mostly Done to Confront the Probable Attacks by the Chinese and Turks. The Abbasides, Whose Ancestors Date Back to Abdul-Mutalleb, Rose in the Name of Islam and Approaching the Alavids, But Pushed Back All the Others, and Monopolized the Victory to Themselves. The Abbasides Also Sent Different Rulers to Samarkand After murdering Abu-Muslim.

With the Outbreak of World War II, the Iranian Government Declared Neutrality. But Iran's Neutrality Was ignored by the Warring Countries Because of its Strategic Position. The Outbreak of World War II in Most Countries, Especially Iran in Terms of Specific Geographical Location, Had Devastating Effects on People's Lives. The Destruction of the Socio-Economic Structure, The Agricultural Recession, Social Insecurity, and the Spread of Infectious Diseases Have Been the Consequences of This War. The Region of Azerbaijan, and Especially Urmia, Entered the War Earlier Than Other Regions Due to Its Proximity to the Soviet Government. In Addition to Creating Armed Conflicts, Soviet Forces Confiscated People's Property and Necessities, Including Public Goods and Grain, and Exported Them to Their Country, Causing Poverty, Famine, High Prices, and Social Insecurity, Including Clashes Between Various Minorities.

In This Research, A Common Mmethod in Historical Research, Based on Library Studies, Has Been Used. Historical Data Based on Documents, Newspapers and Related Books Have Been Examined to Provide a Detailed Scrutiny With a Descriptive-Analytical Approach to the Causes and Manner of Famine and Crises Caused by World War II in Urmia.

The Research Findings Show That Ethnic, Religious and Racial Diversity Along With the Presence of Soviet Forces and Its Actions Such as Killing and Looting of People, Looting of Property and Livestock and Confiscation of Grain in Favor of Soviet Forces, Causing agricultural Stagnation, Migration, Lack of Peace in the Cities, Lack of Bread, Theft by Villains, The Spread of Diseases and the Inability of the Central Government.

Trustworthiness and Honesty in Expressing the Content and Accurate Citation in the Use of Various Sources Have been Observed in This Research.

As a Result of Iran's Unintentional Entry Iinto World War II, Various Regions Suffered Irreparable Consequences From the War. Due to Their Proximity to the Northern Borders, The Azerbaijan and Urmia Regions Were more Severely Attacked by Soviet Forces and Suffered Irreparable Political, Social and Economic Damage.

 A Ancient Study of Moharebeh Make Known That This Corruption is One of the Corruptions Predicted in Iranian and Islamic Law, and has Been Well-Thought-Out in Islamic Law and Deliberated in Detail. In This Regard, the Lawmaker of the Islamic Republic, Subsequent the Holy Sharia of Islam, has Included This Sharia Launch in the Islamic Penal Laws. The Basis of the Lawmaker for Criminalizing Moharebeh is Verse 33 of Surah Ma'idah. Our Aim in This Article is to Clarify the Antiquity of Iran and Islam in the Face of Moharebeh.

 The Research Method in This Article is Library and Using Library Properties.

This Article Stick to the Principles; Observance of Fairness and Justice, the Attitude of Truth-Seeking and Honesty has Been Equipped and Compiled.

 The Findings Indicate That All Over the History of Islam, According to Verse 33 of Surah Ma'idah, There has Been the Chastisement of War and has Always been Abused by the Rulers and Based on it, They have Suppressed Their Political Opponents. In Iranian Criminal Law, the Agenda and Instance of the Crime of Moharebeh are not Clear and the History of Its Ambiguity Can be Sketched Back to Article 183 of the 1991 Islamic Penal Code.

 From the Matters Raised, it Can be Settled That Both in the History of Iran and in the History of Islam in General, Moharebeh, the End Result of Which is Dishonesty on Earth, From the Point of View of the Jurists of Islamic Religions (Both Private and General) and From the Point of View of Law. Knowledge That has Been Candied as a Legal Title in the Text of the Islamic Penal Code Vis-à-Vis Limits. It is Considered a Hated Marvel. The Society and the Government Have Also Risen Up to Compete With it and have Imposed Punishments to Punish the Warlords and Corruptors so That the Society Can Reach Public Ease and Consolidate its Dominion and Can Serve the Society and the People and the Divine Directives Can be Protected From Aggression. And Others Should not be Vigilant and do not Practice in Order to Arrival Security and Health to the Community and Put the Whole Shebang in its Legal and Legal Path.

Dowry is One of the Pillars of Nuptial in Islam and is one of the Privileges for Women. This Right has Diverse Dimensions That Have Changed Both Qualitatively and Quantitatively Over Time. For This Motive, the Present Study Scrutinizes the Historical Progression of Dowry in Islam. The Interrogation is What is the Brashness of Islamic Jurisprudence to the Changes of Dowry Over Time?

The Method of This Research is Evocative-Analytical and a Qualitative Method Has Been Used to Excerpt and Analyze the Ancient Developments of Dowry in Islam.

The Conclusions of The Present Study Show That Most Jurists, Counting Shiite Jurists, Even Though in Quantitative and Qualitative Alterations in Determining the Dowry for Women, But the Code of the Obligation of Dowry for Women, it is a Talent From a Man, Taking into Account the Conditions The Economics of the Parties and the Observance of Restraint in Influential the Dowry, not to Violate the Ritual of the Holy Prophet of Islam (PBUH) and Also not to Accept it From Anyone Other Than Women.

Based on The Present Study, it Can be Settled That an Important Part of the Concerns and Problems of our Civilization Today in the Matter of Marriage is the Resolve of Illegal and Unsuitable Numbers and Figures that are Resolute in the Dowry. Consequently, Instead of Approaching Justice, it has Strayed From the Criteria Set by the Holy Prophet of Islam (PBUH). What is Proposed is to Move Away From a Money-Oriented View of Dowry and Replace it With a Gifted and Loving View of Dowry, the Main Purpose of Which is Nothing but to Protect Women and Establish Equality Among Human Beings.

Iran's civil law, as one of the most enduring effective laws in the Iranian legal system, is the result of the extensive efforts of compilers who benefited from deep jurisprudential and legal knowledge and experience. In the meantime, examining the role of an experienced jurist and judge such as Seyyed Mohammad Fatemi Qomi as one of the most effective writers of civil law can help explain the historical and legal principles of this law and discover the obscure angles in the history of Iranian civil law.

With a descriptive-analytical approach, all the letters, letters, lectures and articles that exist from the authors of the Civil Law are used to discover and explain the subject.

The draft of the first book of the Iranian Civil Law has been compiled several times by Seyyed Mohammad Fatemi Qomi from a decade before its adoption and has been presented in various meetings.

Based onthe research in the available documents, it seems that the scientific and experimental efforts of Fatemi Qomi in the two decades after the Constitutional Revolution, which led to his frequent drafting of civil law, in the final compilation of the first book of civil law in the commission The compilation of this law in 1307 had a special and unique role, which after the approval of the parliament, has taken the form of a codified law.