فصلنامه پژوهش تطبیقی حقوق اسلام و غرب
سال یازدهم شماره 2 (پیاپی 40، تابستان 1403)

Controlling the harmful effects of alcohol consumption has always been one of the concerns of legislators not only in countries like Iran that have declared any type of alcohol distribution illegal, but also in countries that allow such black trade. The main question of this article is that if a person causes damage due to the consumption of alcoholic beverages and drunkenness, is the seller of alcoholic beverages responsible for the damage caused? The answer to this question is positive in the laws of Canada and the state of Minnesota, but there are differences between these two legal systems. With the availability of elements of responsibility, in the state of Minnesota, the civil liability of the seller can only be realized towards third parties who have caused damages due to the behavior of a drunk person, but in Canadian law, a drunk customer can also go to the seller to compensate for the damages. Therefore, it seems that the rules related to the civil liability of alcohol sellers in the state of Minnesota are based on the theory of risk and in Canadian law based on the theory of fault. In Iranian law, the sale of alcoholic beverages is a cause of damage, and in order to realize the civil liability for the sellers of alcoholic beverages, it is necessary for the legislator to intervene and amend Article 332 of the Islamic Law.

The present article seeks to analyze in an analytical way by referring to library sources and based on the methodology of legal knowledge, in addition to paying attention to the results of the efforts of jurists, the effect of the issue of chastity with the focus on the observance and non-observance of hijab by the mother in the matter of child custody. Especially for the girl, report on the legal aspect and explain its role in enjoying the condition of moral health of the mother who is responsible for custody and explain the relationship that he finds with titles such as justice, depravity and trustworthiness of the guardian in the issue of moral degeneration and deprivation of custody. Articles achievement indicates that, from the jurisprudential-legal aspect, a level of mother's hijab is effective in ensuring the child's moral health and the mother's possession of the necessary moral conditions in the matter of child custody, and it can play a role in his chastity under description of chastity. ; Even if his righteousness and non-debauchery cannot be considered a condition of custody. Based on this, if the non-observance of the mother's hijab is enough to put the chaste upbringing of the child in serious danger according to the prevailing Sharia and customs; He is no longer a guardian in the matter of custody of the child, and the continuation of such custody leads to harm to the child, and therefore custody can be taken away from him. It should be noted that despite the passage of more than half a century since the sexual revolution in the West and the occurrence of nudity pests in these societies, today we are witnessing efforts, especially by families, to treat the aforementioned complications.

The European Court of Human Rights, which is also referred to as the Strasbourg Court, as a court that has international jurisdiction in the field of human rights on a regional scale, has repeatedly faced the issue of "Hijab" in its rulings. The approach of that court is that governments have the right to limit the hijab in public institutions, especially schools. The following article tries to criticize the performance of the European Court of Human Rights regarding the restriction of the hijab in public institutions from the perspective of the international human rights system. Ragham's hypothesis is that the European Court of Human Rights, influenced by the supremacy of state hegemony, by issuing a ruling to restrict the hijab, not only did not guarantee human rights, but violated them. In order to verify its hypothesis, the upcoming research has been carried out with a descriptive-analytical method based on the collection of information in a library form. The following article has proven that this action of the European Court of Human Rights violates the principle of freedom that the first generation of human rights goes back to. By adopting this approach, the aforesaid court violated the principle of religious freedom which is accepted in the International Bill of Rights and also has a customary dress, and also violated Article 9 of the European Charter of Human Rights, which according to a mission For which the court is drawn, it is considered a violation of the purpose.

In 2004, religious clothing was banned in French schools with the justification of adherence to the principles of laicity. Since then, various laws, bills and guidelines regarding the restriction of religious clothing, focusing on Islamic hijab, have been put on the agenda. The present article evaluates the limitations of the hijab with a human rights approach using a descriptive-analytical method and using library resources. The findings of this article show that, firstly, for denying or limiting the rights of individuals, the criteria should be human rights documents and not the principles of laicity. Secondly; Laicity in its common and true meaning does not show such restrictions, but French politicians in the name and in the form of laicity present laws that are contrary to fundamental human rights, such as "the right to freedom of religious rites" and "the right to religious education of children". Thirdly, the dual approach of the French laws cannot be justified and it is not clear that the French legislator who doubts the decision-making power and eligibility of teenagers to choose religious clothing is based on the independence of the decision-making of teenagers for sexual consent at the age of 15 in the law on strengthening the protection of children against It has recognized sexual violence approved in 2021?

The principle of good administration of justice requires that all related lawsuits be investigated and dealt with by a single branch. so that the judge can render an appropriate judgment on all aspects of the case and also To avoid conflicting decisions.However, in the Civil procedure of Iran and France, various challenges may occur when joining related cases:If the judge does not find the connection between the lawsuits and examines each case separately and issues their decision, or if related cases are being heard in two branches of the same court and there is a dispute about the existence of a connection between the judges, does the president of the court have the right to resolve the dispute between the judges or not?What should be done if the cases are being heard in two courts with local jurisdiction and there is a dispute between the two courts regarding the existence of a connection between the cases? Or if there is a connection between the cases in absentee proceedings, is it possible to join the cases or not? What is the sanction for violating the joining of related cases? In this article, we are trying to find the challenges of joining related cases in a comparative way.

Over time, the issue of women's political participation, and in particular the issue of women's representation in the legislature, has become increasingly important. This issue indicates the level of political development of countries and ensuring equality between men and women in terms of the right to self-determination. The question addressed in this article is how and by what measures can women's political participation and their attainment of the right to representation or the so-called right to be elected be promoted in Iran? Accordingly, in this research, in a descriptive and analytical manner, we have studied the issue in different legal systems and the solutions presented in them and then the status of women's representation in different periods of the legislature before and after the Islamic Revolution of Iran. The results of the research show that the establishment of a positive discrimination policy in favor of women will be the beginning of paving the way for improving their level of political activity. In addition, choosing an appropriate electoral system for women to enter parliament, the number of seats reserved, and the measures taken by political parties around the world can be useful ways to increase this participation, as has been used and effective in many countries.

Honor killings are referred to as murders that occur within the family relationships. In most cases, the victims of these murders are women, and the perpetrators are usually men who claim to defend honor and commit the murder with the support of their families. The belief of the perpetrators that committing honor killings is an appropriate response to the mistake of the victims has led them to not feel remorse and carry out the murder in a brutal manner without resorting to concealment. The relationship between the perpetrator and the victim, the motivation, and the method of committing these murders have caused them to receive more media representation compared to other crimes. Therefore, in the past two decades, especially with the development of mass communication tools and social networks, it has attracted the attention of the public and policymakers. Comparative studies show that various measures have been taken in criminal justice systems to reduce the incidence of these murders: while in Western systems such as the UK, the US, and Germany, the focus is on reducing the scope of cultural defense acceptance, Islamic systems like Pakistan and Jordan emphasize removing facilitative laws and intensifying punishments. In Iran, in the absence of specific measures to combat such murders, which arise from not recognizing them as a separate category of general murder cases, existing laws can be examined in their prescriptive and reactive roles in the occurrence of these murders. This article, using a descriptive-analytical method, seeks to examine the approach of Western, Islamic, and Iran criminal justice systems to honor killings by looking at the criminological and legal aspects of honor killings and their characteristics.

Nowadays divorce is in today`s societies, specifically in western countries, losing the negative viewpoint portraying as the dismantling force of family bonds, as it once had to face, and are showing tendency towards contractual dissolution of the said bonds. Parties tend to peacefully and as fast as possibly in reach, leave behind this period of their social and private lives and move forward. With the flow of multiple reforms through the years dating back to 2016, legislations to this day have tried to answer to some of the concerns regarding judicial divorce, elimination of the judge`s involvement in divorce procedures, stablishing divorce forms like divorce sans judge or divorce without judge, contractual interpretation of divorces etc. this article while glancing over these reforms and professing the historical events leading to and resulting from the said changes, craves for the weak points, side-effects, destructive aspects etc. to be highlighted and by specifying the strengths and offering comparative studies tries to answer to the all-important question of “would these reforms even dare to influence the current Iranian legal system in regards to divorce procedures in the right way? Considering the ever-rising rate of divorces (around the globe as in Iran), the destructive lingering effects of procedural delays, proper adoption of said reforms in order to put effective and influential suggestions forward, deems like never before necessary; Of course, respectful and true to the cultural, idealistic, licit and legitimate framework of the set boundaries of Iranian legal system.