Comparative Studies in Jurisprudence, Law, and Politics

Criteria for Identifying Reclaimed Lands and the Boundaries of Endowments in Rangelands and Forests

Mojtaba Bagherzadeh

; Seyed Mostafa Mohaghegh damad *

; Gholam Ali Seifi zeinab

According to the ownership regulations that governed the country in the past and prior to the enactment of property limitation laws, such as the nationalization regulations of forests and rangelands, the acquisition of forest and rangeland lands, especially within the vicinity of settlements and villages, was possible based on jurisprudential, customary, and legal provisions. Some landowners also endowed their properties and lands, which were later affected by the enactment of nationalization regulations. Following the adoption of the Single Article Law on the Annulment of Sale Deeds in 1984 and its amendment in 1992, the most recent legislative intent is reflected in the supplementary Note 6, enacted in 2001, which stipulates that lands reclaimed before March 7, 1987, and the boundaries of endowments are exempt from nationalization regulations. Therefore, considering jurisprudential and legal provisions, any lands that have been declared national lands but exhibit evidence of ownership-based occupation and customary reclamation, according to the type of land use, as well as non-reclaimed lands that are considered as part of the boundaries of endowments, remain under the ownership of the endowments and are not subject to nationalization regulations. However, regarding the extent and criteria for their determination, aside from the instances specified in Articles 137 and 138 of the Civil Code, which outline the extent of protected areas for cases such as wells, springs, and qanats, there is no further reference in legal statutes. Thus, considering Articles 136 and 139 of the Civil Code, along with other relevant regulations, as well as jurisprudential and customary rules, the registered boundaries established for lands can serve as an appropriate criterion for identifying the extent of reclaimed lands and the boundaries of endowments.

Violation of Citizenship Rights Resulting from the Imposition of International Sanctions on the Oil and Gas Industry in Iran

Yaser Samimi *

https://doi.org/10.61838/

International sanctions, although utilized as instruments of political and economic pressure, can severely violate citizenship rights in the targeted countries. These violations manifest in various forms and intensities, often indirectly, with extensive and long-term consequences. One of the sanctions that has threatened Iran in recent years is the comprehensive sanction on the oil and gas industry. This industry is considered the lifeline of oil-rich Iran and is intrinsically involved in all economic matters. Over time, the detrimental effects of these sanctions on the lives of the Iranian people and the sanctioned country as a whole have become increasingly evident. This article examines the violation of citizenship rights resulting from the imposition of international sanctions on Iran’s oil and gas industry. Using a descriptive-analytical method, the study seeks to answer the question: How do international sanctions on Iran’s oil and gas industry lead to the violation of citizenship rights? The findings demonstrate that these sanctions have adversely affected the economic and social rights of citizens. Specifically, the sanctions on the oil and gas industry have impacted all aspects of life in Iran, placing significant pressure on its people.

The Impact of Port Engineering Development in the Makran Coasts on Regional Security and the Oman Sea from the Perspective of Some International Relations Theories

Mohammadyasin Yazdani

; Maryam Moradi *

; Sohrab Salahi

https://doi.org/10.61838/

he present article examines the role of port development in the southeast region of Iran, especially the Makran coasts, in enhancing sustainable security and improving relations with neighboring countries. This region, with its long coastlines and strategic geopolitical position, hosts Iran’s only oceanic port. Port engineering development has been in progress for years in the northern and southern ports, particularly along the Makran coasts. The main question posed by this article is whether expanding and increasing the number of ports along the coastline can help promote sustainable security and improve relations with neighboring countries. The purpose of this research is to explain the geopolitical capacities of southeast Iran’s coasts, focusing on port development, and to examine the challenges this development faces. In this regard, the causes of these challenges are analyzed, and solutions for overcoming them and achieving sustainable development are presented. The research findings indicate that port development must be carried out in a way that not only strengthens regional cooperation but also maintains a balance in the participation of regional countries. This goal is analyzed by employing various theories in International Relations, including neorealism, neoliberalism, the Copenhagen School, constructivism, international regimes, and the Critical School. From a neorealist perspective, port development can serve as a tool for increasing national power and creating a regional balance of power. However, this development must be planned so as to prevent the emergence of hegemony by powerful regional states. Neoliberalism underscores the role of international regimes and regional cooperation in port development, positing that port expansion can reduce tensions and increase economic and security cooperation by establishing international institutions and agreements. International regimes related to maritime transportation, maritime security, and trade can provide a framework for regional cooperation and facilitate international investment in port development projects. The Copenhagen School highlights the importance of securitization and the role of discourse in defining security threats. Port development can, as part of a securitization strategy, help increase sustainable security in the region. Constructivism emphasizes the role of norms and identities in shaping international relations. Port development can contribute to creating shared norms and strengthening regional identity, which, in turn, improves relations with neighboring countries. The Critical School takes a more analytical and critical approach, examining structural inequalities and hidden power dynamics in international relations. From this viewpoint, port development is seen not only as an economic or security project but also as a process that may reproduce or exacerbate existing inequalities in the international system. Hence, port development in southeast Iran must take into account social justice, the equitable distribution of benefits, and the avoidance of economic and political exploitation of weaker countries in the region. The Critical School also stresses the role of social movements and public participation in the development process, arguing that port development should consider local community interests and environmental concerns. In conclusion, the article proposes that port development in southeast Iran be planned in such a way that it takes into account the balance of power, regional cooperation, avoidance of hegemonic tendencies by powerful countries, and attention to social justice and the environment, thereby leading to sustainable security and improved relations with neighboring countries. This requires addressing existing challenges and providing practical solutions to overcome them. Moreover, engagement with international regimes and consideration of critical perspectives can serve as effective tools for facilitating regional cooperation, garnering international support, and achieving sustainable and equitable port development

Comparative Analysis of the Civil Liability of Company Directors in Iranian and English Law

Mohsen Eftekhari

; Alireza Mazloonrahni *

; Mansour Atasheneh

https://doi.org/10.61838/

In today's world, the significance of companies and their strategic role in economic affairs have led most countries to enact appropriate laws that establish necessary responsibilities and limitations for them. One such legal consideration is the issue of "civil liability of company directors." Accordingly, this article aims to conduct a "comparative analysis of the civil liability of company directors in Iranian and English law." From this perspective, after expanding the conceptual framework of the subject, the article examines the nature of corporate civil liability. Based on the documented sources presented in this research, the study follows a descriptive-analytical methodology, and data collection is conducted through library research. The findings of the study indicate that, first, since companies possess a distinct and independent legal personality separate from their members, they can be subject to rights and obligations, meaning they can bear civil liability. Second, although directors generally act on behalf of the company, making the company, as a legal entity, responsible, there are instances where a director's actions deviate from the legal framework or the company’s articles of association. In such cases, liability shifts from the company to the director. The results of the study demonstrate that in the common law system, particularly in England, the authority of directors in serving shareholder interests is broader than in Iran, and the role of inspectors is more extensive compared to Iran.

The Jurisprudential Foundations of Mitigation in the Punishment of Apostasy in the Era of Occultation

Mostafa Babaei

, Mehdi Mohammadian Amiri *

, Mohammad Ali Khairollahi

https://doi.org/10.61838/

Given the social and cultural changes in the contemporary era, the theory of mitigation is presented as an approach based on humanistic and rational principles, aiming to alter the perspective on severe punishments and emphasize the reformation and rehabilitation of the apostate. This study, titled "The Jurisprudential Foundations of Mitigation in the Punishment of Apostasy in the Era of Occultation," examines the jurisprudential principles and rules related to the punishment of apostasy and the necessity of revising such punishments in the context of the Era of Occultation. Citing relevant jurisprudential foundations, including the necessity of preserving the human order, ensuring the psychological security of society, the principle of justice, the rule of expediency, and the decree of reason, the study underscores the need for mitigating the punishment of apostasy in the Era of Occultation. It appears that an inadequate understanding of religious foundations and the relationship between humans and God can lead to skepticism toward religion and fail to address emerging issues. Therefore, efforts to develop the theory of mitigation can contribute to improving social and cultural interactions and strengthening human foundations in Islamic society.

Comparative Examination of Instances of Negligent Criminal Liability in the Legal Systems of Iran and England

Mohammad Dehdari

, Ismail Abdollahi *

, Mohammad CHamkoori

https://doi.org/10.61838/

This study aims to conduct a comparative analysis of instances of negligent criminal liability in the legal systems of Iran and England. The research follows a descriptive-analytical method, utilizing library sources and online databases. In this study, in addition to presenting specific instances, the role of criminal liability for reckless and careless actions in Iranian and English law is examined. Subsequently, the role of criminal liability for omissions resulting from negligence in Iranian and English law is analyzed. Finally, the role of the elements of imprudence and inadvertence in establishing negligent criminal liability in the legal systems of Iran and England is discussed. The findings indicate that "negligent criminal liability" does not exhibit significant differences between the criminal systems of Iran and England. However, there is also no substantial similarity in this regard between the two legal systems, as both have shown limited inclination toward expanding negligent liability and its instances.

Examination of Women's Exclusion from Certain Political and Social Positions

Faramarz Shirvani

; Salawati Mat Basir *

https://doi.org/10.61838/

One of the critical issues in the field of contemporary political activism is the examination of women's social status and their political-social roles and functions in various relationships and interactions. The increase in women's awareness and higher education, as half of the active population of society, has altered their position and status in both society and family. Women's entrepreneurial activities have gained significant global importance, offering economic, social, and cultural benefits. Therefore, the strategies of a developed society must be based on the active participation of women in economic, political, and social affairs. This study employs a descriptive-analytical method to investigate the issue of women's employment—or, more precisely, their occupation of political and social positions—within the statutory laws of the Islamic Republic of Iran and the provisions of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). The findings indicate that the initial impression is undoubtedly one of a clear divergence of positions between these two sources. In reality, the convention presents itself as a defender of women's rights by advocating for their political and social participation, thereby creating the perception that the Islamic perspective is in opposition to this right. These conflicts have led to Iran's non-accession to the United Nations Convention on the Elimination of All Forms of Discrimination Against Women, further fueling claims that the Islamic Republic of Iran violates women's rights. However, in Islamic thought, women have always been a significant subject, with their ultimate aspirations lying in higher matters, particularly in actively contributing to the upbringing of an Islamic society. Undoubtedly, a historical examination of this issue would greatly contribute to clarifying the matter and enhancing theoretical discussions. This article seeks to address the question of how the Women's Convention and Iranian statutory laws approach the right to employment—or, in other words, women's occupation of political and social positions—and how the manifestations of this right have been reflected in the mentioned legal sources.

Expropriation of Land and Property by the Government

Ramin Khazrian

, Mahmoud Qayyumzadeh *

, SeyyedHossein Taghavi

https://doi.org/10.61838/

This paper aims to examine the concept and characteristics of ownership and the privileges that an owner possesses concerning their property while also identifying the limitations imposed on ownership in relation to social rights and public order. While emphasizing individuals' proprietary rights over their possessions and the necessity of respecting them, this study addresses the conflict between the rights of land and property owners and the implementation of governmental and municipal development projects. It specifically focuses on land use regulations, the process of purchasing and expropriating such properties, and the legal rights arising from these transactions, all analyzed through the lens of existing legislation and judicial rulings. The article also explores the implications of urban planning projects, which impose obligations on the government and municipalities regarding project execution, naturally leading to necessary actions and formal procedures for the expropriation of properties within such plans. The central concern of this study is the legal rights conferred upon property owners when their lands are designated for public, developmental, or military projects, the limitations on the government’s authority in executing such plans, and the necessity for adherence to legal obligations governing expropriation. Moreover, it underscores the sanctity of ownership, emphasizing that an individual's property holds the same inviolability as their personal dignity.

About the Journal

Comparative Studies in Jurisprudence, Law, and Politics aims to be a leading forum for the dissemination and discussion of high-quality research in the interdisciplinary fields of law and political science. Our journal is committed to fostering an inclusive academic environment that encourages diverse perspectives and innovative approaches. We seek to publish research that not only enhances theoretical and empirical understanding but also has practical implications for policymakers, legal practitioners, and society at large.

Current Issue

Vol. 7 No. 1 (2025)

Published: 2025-03-27

Articles

Challenges of Iranian Criminal Law in Addressing Violence Against Women

Toba Keramati

; Esmaeil Rahiminejad *

; Fatemeh Golabi

, Reza Faani

, Dadyar Hadi

16-30
- PDF
https://doi.org/10.61838/
An Analysis of the Rule of Maysur with a View on Tazahom

Mahboobeh Naseri Taheri

; Younes Vahedyarijan *

; Abdolreza Jamalzadeh

1-15
- PDF
https://doi.org/10.61838/
The Jurisprudential Criteria of the Guardian Council in the Conformity and Declaration of Non-Contradiction of Laws with Islamic Principles

Iraj Ahmadi Rad

; Moien Sabahi Goraghani *

; Tayebeh Balvardi

31-55
- PDF
https://doi.org/10.61838/
Human Rights Protection of Intangible Cultural Heritage in Armed Conflicts

Janet Blake

; Alireza Goodarzi *

56-71
- PDF
https://doi.org/10.61838/
The Extent of Environmental Exploitation from the Perspective of Islamic Jurisprudence and Positive Law

Zohreh Nikooseresht

; Ebrahim Seddiqi *

; Abbas Samavati

72-100
- PDF
https://doi.org/10.61838/
Violations and Challenges of the Right to Education for Children in Light of the Requirements of International Documents

Manizheh Fatourechi

; Farhang Faghi Larijani *

; Nader Mirzadeh Kohshahi

101-116
- PDF
https://doi.org/10.61838/
Examining the Effects of White Marriage on Children from the Perspective of Islamic Jurisprudence and Law

Maryam Motamedi Fazel

; Faezeh Moghtadaei *

; Maryam Ebnetorab

117-131
- PDF
https://doi.org/10.61838/
Ways to Prevent Unconventional Mahr and Its Role in Preventing Family Disruptions

Hossein Ramezani

; Hormuz Asadi Kouhbad *

; Mohammad Ali Heydari

132-143
- PDF
https://doi.org/10.61838/
Pathology of the Wife's Financial Rights in the Family Support Law of 2012

Maryam Kohansal Kalkenari

; Mohammad Javad Bahreini *

; Alireza Asgari

144-159
- PDF
https://doi.org/10.61838/
Jurisdictional and Legislative Scope of the Compensation System for Unjustified Detention in Iranian and French Law

Ali Rezaei

; Mozafar Bashokoh *

; Jafar Salmanzadeh

160-172
- PDF
https://doi.org/10.61838/
Legislative Approach, Challenges, and Solutions for the Use of Alternative Sanctions to Imprisonment for Female Heads of Household

Leila Mehrabirad

; Amirhamzeh Salarzaei *

; Ali Tavallaei

173-188
- pdf
https://doi.org/10.61838/
Protection of Intellectual Property in Cyberspace under Iranian Law and International Documents

Ali Moshrefi

; Amir Molla Mohammad Ali *

; Mahmoud Qayyumzadeh

189-206
- PDF
https://doi.org/10.61838/
The Political Objectives of Using Energy in Russia's Foreign Policy

Toba Pirzadian

; Dawood Kiani *

; Keyhan Barzegar

207-227
- PDF
https://doi.org/10.61838/
Protection of the Environment in Light of the Interaction Between States and the International Court of Justice (ICJ)

Hojat Naghdi

; Mohamad Hosein Ramazani Ghavam Abadi *

; Mostafa Amiri

228-259
- PDF
https://doi.org/10.61838/
The Authority of the Jurisconsult in Administering the Islamic Government and the Role of the Rule of Ease in It

Azam Fathi

; Mahmoud Qayyumzadeh *

; Abbasali Heidari

260-270
- PDF
https://doi.org/10.61838/
Recognition and Enforcement of Foreign Judgments in Iranian Law with a View to Judicial Practice

Soheyl Zangi

, Nejad Ali Almasi * , Hossein Mehrpour Mohammadabadi

286-301
- PDF
https://doi.org/10.61838/
Comparative Examination of Instances of Negligent Criminal Liability in the Legal Systems of Iran and England

Mohammad Dehdari

, Ismail Abdollahi *

, Mohammad CHamkoori

302-327
- PDF
https://doi.org/10.61838/
Resolution of Disputes Arising from the Exploitation of Oil and Gas Resources, with Emphasis on the Oil Fields of the Islamic Republic of Iran and Qatar

Farid Hamd Heydari

; Hossein Farahi *

; Saeid Mansouri

, Hamidreza Alikhani Kordshami

271-285
- PDF
https://doi.org/10.61838/

View All Issues

Comparative Studies in Jurisprudence, Law, and Politics

Criteria for Identifying Reclaimed Lands and the Boundaries of Endowments in Rangelands and Forests

Violation of Citizenship Rights Resulting from the Imposition of International Sanctions on the Oil and Gas Industry in Iran

The Impact of Port Engineering Development in the Makran Coasts on Regional Security and the Oman Sea from the Perspective of Some International Relations Theories

Comparative Analysis of the Civil Liability of Company Directors in Iranian and English Law

The Jurisprudential Foundations of Mitigation in the Punishment of Apostasy in the Era of Occultation

Comparative Examination of Instances of Negligent Criminal Liability in the Legal Systems of Iran and England

Examination of Women's Exclusion from Certain Political and Social Positions

Expropriation of Land and Property by the Government

About the Journal

Current Issue

Articles

Challenges of Iranian Criminal Law in Addressing Violence Against Women

An Analysis of the Rule of Maysur with a View on Tazahom

The Jurisprudential Criteria of the Guardian Council in the Conformity and Declaration of Non-Contradiction of Laws with Islamic Principles

Human Rights Protection of Intangible Cultural Heritage in Armed Conflicts

The Extent of Environmental Exploitation from the Perspective of Islamic Jurisprudence and Positive Law

Violations and Challenges of the Right to Education for Children in Light of the Requirements of International Documents

Examining the Effects of White Marriage on Children from the Perspective of Islamic Jurisprudence and Law

Ways to Prevent Unconventional Mahr and Its Role in Preventing Family Disruptions

Pathology of the Wife's Financial Rights in the Family Support Law of 2012

Jurisdictional and Legislative Scope of the Compensation System for Unjustified Detention in Iranian and French Law

Legislative Approach, Challenges, and Solutions for the Use of Alternative Sanctions to Imprisonment for Female Heads of Household

Protection of Intellectual Property in Cyberspace under Iranian Law and International Documents

The Political Objectives of Using Energy in Russia's Foreign Policy

Protection of the Environment in Light of the Interaction Between States and the International Court of Justice (ICJ)

The Authority of the Jurisconsult in Administering the Islamic Government and the Role of the Rule of Ease in It

Recognition and Enforcement of Foreign Judgments in Iranian Law with a View to Judicial Practice

Comparative Examination of Instances of Negligent Criminal Liability in the Legal Systems of Iran and England

Resolution of Disputes Arising from the Exploitation of Oil and Gas Resources, with Emphasis on the Oil Fields of the Islamic Republic of Iran and Qatar

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