نشریه پژوهش های تطبیقی فقه، حقوق و سیاست
سال سوم شماره 1 (بهار و تابستان 1400)

This article provides a comprehensive critique and analysis of Ayatollah Beheshti's theory on the role of the people in governance and its impact on the electoral system of the Islamic Republic of Iran. Beheshti's theory, as one of the fundamental principles of the Iranian Constitution, emphasizes religious democracy and the active participation of the people in political decision-making. This article examines the historical and intellectual background of this theory and analyzes its strengths and weaknesses. Among its strengths are the integration of democratic principles with Islamic values and the institutionalization of public participation. However, challenges such as the conflict between religious democracy and the guardianship of the jurist (Velayat-e Faqih) and practical limitations in electoral processes are identified as key weaknesses. The article also assesses the extent to which Beheshti's theory aligns with the social and political realities of the Islamic Republic and offers suggestions for its development or revision. The findings indicate that, despite its significant strengths, Beheshti's theory requires review and reform to fully achieve the goals of religious democracy and adapt to contemporary conditions.

This article presents a comparative analysis of Ayatollah Seyyed Hossein Tabatabaei Boroujerdi’s theory of ownership, one of the most prominent Shia scholars of the recent century, with property rights in the Iranian Civil Code. It begins by analyzing the concepts and principles of ownership in Islamic jurisprudence and Ayatollah Boroujerdi's viewpoints. Subsequently, the foundations of property rights in the Iranian Civil Code are examined, along with different types of ownership, including individual and joint ownership. The study then compares the principles of ownership in Ayatollah Boroujerdi's theory with those in the Iranian Civil Code, discussing their similarities and differences. The findings indicate that Ayatollah Boroujerdi's theory, with its emphasis on social justice and the responsibilities of the owner, could serve as a valuable foundation for revising and improving property laws in Iran. Finally, the article offers recommendations for enhancing property laws based on this theory and suggests avenues for further research.

This article critically analyzes Ayatollah Mohammad-Taqi Behjat's theory on prisoners' rights and compares it with the Islamic Penal Code of Iran. Initially, the concept and nature of prisoners' rights within the Islamic framework and its jurisprudential foundations are examined. Ayatollah Behjat's theory, emphasizing human dignity, justice, and the reform and rehabilitation of prisoners, is then analyzed. The article proceeds to compare this theory with the views of other Islamic jurists, highlighting its strengths and weaknesses. Furthermore, the article examines the similarities and differences between Ayatollah Behjat's theory and the Islamic Penal Code of Iran. Finally, recommendations are made for improving the Islamic Penal Code in regard to prisoners' rights. The findings suggest that Ayatollah Behjat's emphasis on human dignity and the reform of prisoners could serve as an effective basis for enhancing the legal framework concerning prisoners' rights within Iran's legal system.

This article provides a comparative analysis of the theories of Ayatollah Naser Makarem Shirazi and Ayatollah Abdullah Javadi Amoli regarding citizens' fundamental rights and the impact of these theories on the Constitution of the Islamic Republic of Iran. The study explores the perspectives of these two prominent scholars on individual, social, cultural, and economic rights and examines their influence on various constitutional principles. Ayatollah Makarem Shirazi emphasizes social justice and human rights, focusing on the formulation of social and political rights, while Ayatollah Javadi Amoli, with a more philosophical approach, elucidates fundamental rights based on rational and religious principles. The article also investigates the similarities and differences between their theories, their impact on the post-Islamic Revolution legal system of Iran, and offers suggestions for improving citizens' fundamental rights in the Constitution.