نشریه دین و قانون
سال یازدهم شماره 41 (پاییز 1402)

The experience of political parties, with their functions and capacities in the modern world, has been acknowledged as the driving force of society and a mechanism for social welfare. The principle of party affiliation is also accepted in the Constitution of the Islamic Republic of Iran. Practical experiences of political parties over the past four decades demonstrate that this civil institution can be utilized in line with the goals of Islamic society. However, a fundamental vacuum felt during these years is the inability of the Islamic system, research centers, or political and party movements to produce Islamic knowledge for the party behavior and social roles defined by Article 26 of the Constitution.Such knowledge relies on political jurisprudence, which, with a jurisprudential approach, should correctly identify the subject of party affiliation. By explaining the nature of party work, it must outline its foundations and principles to develop party statutes, charters, and policies. The most significant achievement of this research is that, with an analytical and interpretative approach to religious texts, it has been able to revisit some of the Islamic party's foundations, principles, and intricacies.

The choice of an Islamic Republic system and the approval of the Constitution by the Iranian nation serve the purpose of identifying their role as the architects of the political system and solidifying the foundations of fundamental national rights. Through popular vote, the provisions and principles of sacred Sharia law have been integrated into various domains. Within the framework of the Constitution, the republic system, intricately linked with Islam, substantiates any form of political authority, whether direct or indirect, as being grounded in the will of the people, from which the concept of governance emerges.
The recognition of the people's will in the establishment of the system and the constitutional law is a significant strength and valuable feature of the Iranian Constitution. It is perceived as robust support in guaranteeing the fundamental rights of the nation and the implementation of sacred Sharia law. The Iranian Constitution has ingeniously combined Islam and democracy to the extent that one can observe a strategic and delicate connection between divine governance and national sovereignty. The right to govern the destiny of the people stems from the will of the Almighty, who governs the destiny of humankind; hence, it holds divine status and, consequently, multiple layers of legitimacy. Therefore, the Constitution of the Islamic Republic of Iran, as an Islamic constitution, establishes the validity of the nation's sovereignty in explaining the source of power in the Islamic Republic system and predicts the mechanisms for implementing sacred law and ensuring the rights and freedoms of the people.
This research, utilizing a library-based approach and an analytical-descriptive methodology, aims to explore the concept and foundations of the nation's fundamental rights in the Constitution of the Islamic Republic of Iran, and in response to the question, "What impact does the nexus between Islam and the Republic have on securing the fundamental rights of the nation?"

By observing the growth of human rights and the emergence of numerous branches in this field, we realize that the focus on human rights is not limited to domestic law but extends to the international sphere. However, the attention to human rights in its specific sense makes the individual not only a subject and object of international concern but also a subject of international criminal law, albeit with a century of difference. All these advancements in criminal law were made to protect the individual, even when they were subjected to punishment by international laws.

In recent years, the Iranian Parliament has explicitly annulled numerous titles or provisions of laws through resolutions. In some cases, these annulments have led to doubts or ambiguities in the legal community. This article provides an independent examination of two such resolutions concerning the annulment of laws in the fields of environmental protection and public health. While it became apparent that legislators and approvers have sincerely addressed the reform of the country's legal system, certain technical flaws were evident. The author believes that ambiguity in the amendment rules, which should inherently be the subject of independent legislative scrutiny, has contributed to these flaws. This research, which falls within the realm of legal doctrine, first constructs a framework for legal amendment based on authors' opinions and existing procedural laws. It then identifies some minor shortcomings in the amendment of these laws within this theoretical framework. The article provides political recommendations aimed at determining the finalization rules and amending laws in the internal regulations of the Iranian Parliament, avoiding as much as possible partial amendments and excessive specialization in list formation, refraining from including expired or invalidated laws in amendment lists, and avoiding the annulment of laws influenced by secondary legislation regarding the form of amendment rules. In areas where legal loopholes have arisen due to the approval of these lists, it is recommended that rules be established for the management of shared water resources and for determining the responsibilities of government employees in dealing with malfunctions.

Citizenship is a legal concept that emerges within the framework of a specific nation-state. Citizenship rights refer to a set of entitlements that individuals enjoy by their membership in a particular country. Unlike the universality of human rights, citizenship rights have regional and local dimensions that governments have addressed in their documents and laws. The establishment of a set of rights called "citizenship rights" in any society will be effective and meaningful only when it aligns with the cultural, social, political, and legal conditions of that society. Given the human rights perspective, adherence to Islamic principles, and the cultural and social diversity in our country, it is necessary to identify the essential components and indicators of citizenship rights that are compatible with the model of the Islamic Republic of Iran.
This research first delves into the conceptual analysis of the terms "right" and "citizen" to explain citizenship rights and their relationship with human rights. Through this analysis, the study aims to outline the necessary components of citizenship rights to make them more effective and operational within the framework of the Islamic Republic of Iran.

In Islamic jurisprudence, the subject of organ donation and transplantation has been carefully examined in light of the religious rules. The issue of organ donation is an important religious topic that was not addressed in the time of the Prophet Muhammad (PBUH) or even the early Islamic jurists in its current form. Considering the scientific advancements in medical science and the deep connection between Islamic jurisprudence and human health, the religious ruling on organ transplantation has become a major concern for Islamic societies. Contemporary jurists, based on Quranic verses, narrations, and an examination of jurisprudential rules and texts, have presented different interpretations regarding the permissibility of organ transplantation. In the Iranian Civil Code, the topic of organ donation and transplantation is independently regulated under the section titled "Organ Donation and Transplantation." According to the Iranian Civil Code, organ donation must be voluntary and with full consent. On the other hand, organ transplantation requires meeting certain conditions, such as the absence of a serious risk to the health of both the donor and the recipient.