Comparative Studies in Jurisprudence, Law, and Politics

This article explores the jurisprudential methods of physical upbringing of children with an emphasis on traditional and contemporary Islamic jurisprudence. Physical upbringing is considered one of the fundamental pillars of child education in Islam, where parents bear both religious and ethical responsibility to provide for the physical needs of their children. In traditional Islamic jurisprudence, the focus has been primarily on meeting basic needs such as nutrition, clothing, and hygiene. However, in contemporary jurisprudence, issues such as healthy nutrition, exercise, and the use of medical technologies to enhance children's physical well-being have gained more attention in response to social and cultural changes. The article begins by defining physical upbringing from the perspective of Islamic jurisprudence, followed by an in-depth examination of the role of parents in the physical care of children. Key topics such as guardianship (ḥaḍānah), financial support (nafaqah), and breastfeeding (riḍāʿ) within Islamic jurisprudence and their relation to physical upbringing are analyzed. Furthermore, the differences between traditional and contemporary jurisprudential views on child physical upbringing, particularly concerning exercise and physical health, are discussed and compared. The findings of this study demonstrate that Islamic jurisprudence comprehensively addresses the physical upbringing of children, mandating parents to provide for their children's physical needs and ensure their health. The article concludes by emphasizing the importance of adapting jurisprudential teachings to modern-day conditions and the use of new technologies to improve children's physical well-being.

The obligations of the maritime carrier and, subsequently, their liabilities are framed within the contract of carriage of goods. Maritime transport of goods under international law is regulated by the provisions of three major conventions: the Hague-Visby Rules of 1924, the Hamburg Rules of 1987, and the recently adopted Rotterdam Rules of 2008. Therefore, different countries, depending on which of these conventions they have acceded to or incorporated into their domestic law, may have different standards for calculating damages. The calculation criteria for damages in the Hague Convention and its Visby Protocol differ from those in the Hamburg and Rotterdam Conventions. This research was conducted using a descriptive-analytical method. The calculation criterion refers to the amount of goods on which the damage is calculated and paid to the owner of the goods. The issue of delay in the delivery of goods, similar to the loss or damage of goods, is addressed in the Rotterdam Convention, which has provisions regarding delays in delivery. The Maritime Law (and the Hague Rules) does not refer to the extent of the carrier’s liability for damages caused by willful misconduct or gross negligence. The Hague Rules only consider two categories of compensable damages—loss (total loss) and damage—while they remain silent on economic losses resulting from delays in timely delivery.

The right to self-determination, as a fundamental and inalienable right, allows individuals and nations to have a decisive influence on their political, social, and economic destiny, among others. In fact, the right to self-determination, as the foundation of other fundamental human rights, plays a significant role in their realization for the people, nation, or group as the primary holders of this right. In human societies, it can be assumed that if this fundamental right is not observed in a society, that society will not be committed to other fundamental rights or human principles either. The right to self-determination has a close relationship with the genuine will of the people, which must be freely expressed, and they must be able to exercise this right without any pressure. This principle also holds an important position in international law, as mentioned in Article 1(2) of the United Nations Charter, where it is referred to as a fundamental basis for peaceful relations between states and nations. Furthermore, this right is outlined in Article 1 of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social, and Cultural Rights as a general right that can encompass various aspects of political, social, economic, cultural, and other dimensions of a nation's life. The conceptual scope of this right, due to the growing attention to certain fundamental legal principles, has led to interactions with these principles and has expanded the meaning of jus cogens in contemporary international law. As a result, violations of many fundamental legal principles invoke the international responsibility of states concerning the right to self-determination.

This research examines and analyzes the roots of the faculty of imagination and the concepts of the Divine Names (Asma’ Allah al-Husna) in the degrees of human existence from the perspective of Muhyiddin Ibn Arabi. The transformations of theological and mystical concepts, from the advent of Islam to the medieval periods, especially in the realm of Sufism, have been accompanied by depth and evolution. From the 8th century CE, Islamic mystics in both the eastern and western parts of the Islamic world solidified and developed the theoretical foundations of Sufism. In the 12th century CE, Ibn Arabi, considering the cultural and intellectual context of his time, revisited mystical teachings and, utilizing the concepts of the faculty of imagination and the Divine Names, reinterpreted ideas such as the Perfect Man (Insan Kamil) and the unity of existence in a novel way. This research demonstrates that Ibn Arabi, by blending previous mystical concepts and employing the power of imagination, restructured and expanded the language of Sufism and the meaning of the Perfect Man. He succeeded in deeply analyzing the Divine Names, interpreting the existential ranks of humans, and presenting a new understanding of humanity’s place in the cosmic order. The goal of this article is to provide a comprehensive view of the impact of the faculty of imagination and the analysis of the Divine Names on the structure of mystical anthropology and to explain the key concepts of Sufism from Ibn Arabi’s perspective.

The conflict of interest between managers and partners in cooperative companies is an important issue that requires discussion and examination. Accordingly, the aim of the present article is to explore this issue and provide solutions in this regard. The current article is descriptive-analytical. The materials and data are qualitative, and note-taking has been used for data and content collection. The most significant conflicts of interest between managers and partners in cooperative companies include transactions between managers and the company, receiving loans from the company, competition with the company, accepting gifts and privileges, appointing individuals based on personal and familial relationships, serving on the board of competing companies, and personal use of the company's assets. The primary solutions to these conflicts include granting partners the authority to dismiss managers, prohibiting transactions between managers and the company, preventing managers from engaging in insider trading, prohibiting the granting of loans to managers, creating positive incentives for managers, imposing negative incentives, limiting the duration of managerial positions, restricting managers' participation in meetings and decision-making processes, limiting managerial roles, requiring managers to disclose personal interests in decisions, and banning the acceptance of gifts and privileges. The current laws have not adequately addressed the conflict of interest between managers and partners in cooperative companies. Considering the increasing development of cooperative companies and their significant economic impact, the enactment of relevant laws is essential.

One of the primary objectives of criminal legislators and the judiciary is to prevent crime, rehabilitate offenders, and deter future offenses. The institution of delayed sentencing, as a tool for the rehabilitation of offenders and crime prevention, is one of the new provisions in the Islamic Penal Code passed in 2013. This paper aims to examine the impact of delaying sentencing on the rehabilitation of offenders and crime prevention. In this research, a descriptive-analytical method has been employed, where the various aspects and dimensions of the topic were analyzed through specific questions, and the information gathered from library and documentary studies was subsequently analyzed. The legislator's goal is to adopt a reformative approach in various areas of criminal law, particularly regarding the rules governing punishments, while protecting the interests of the offender and defending society against criminal behavior. The institution of delayed sentencing, recognized in light of the perspectives of criminologists and other legal scholars, is a novel provision borrowed from the French legal system, which had no legislative precedent in our country’s legal system until now. This institution, which is only applied to non-dangerous offenders (especially juveniles), is designed to avoid labeling these offenders as "criminals" and to assist in their rehabilitation and reintegration. The use of delayed sentencing in response to certain offenders, depending on the nature of the crime and the circumstances of its commission, can significantly prevent reoffending by those who are under the supervision of this institution.

The implementation of leniency institutions is one of the modern achievements of criminal sciences in response to criminal phenomena, and its effective application requires the establishment of legal frameworks and the shaping of an optimal model for these institutions. This study, conducted using a descriptive-analytical method with the aim of identifying legal scholars' perspectives on criminal policy in utilizing leniency institutions, also addresses the main question: What is the status of leniency institutions in the criminal policies of Iran and France? The results revealed that the status of leniency institutions has been established in both Iran and France; however, in France, the issue progresses with the priority of reducing imprisonment and revolves around dialogue between the victim and the offender. In contrast, in Iran, it predominantly focuses on the suspension of prosecution and the halting of investigations, which in some cases also leads to the elimination of prison-related measures. Additionally, one of the operational challenges of leniency institutions is that the legislator, without considering the existing resources in society for implementing the laws, enacts laws, regulations, and guidelines. This is while there must first be the means for enforcement, and only then should laws and regulations be enacted in accordance with the available resources. Therefore, in areas such as preserving human dignity for individuals unaware of the law and enacting laws to guide offenders away from passivity and towards reducing imprisonment, measures can be proposed to overcome challenges in this field.

Clean air is a crucial element of the right to a healthy environment. At the same time, air pollution is a form of environmental pollution that has detrimental effects on human life, putting the health of the environment and citizens at serious risk. This has made the examination of the right to clean air in international documents and Iranian law, as well as its criminal guarantees, a necessity. Based on this premise, the aim of the present article is to examine the approach of Iranian law and international documents towards the right to clean air and its criminal guarantees. This article is descriptive-analytical and uses a library research method to investigate the subject at hand. The findings indicate that both Iranian law and international documents support the right to clean air, and governments are obligated to enact the necessary laws and ensure compliance with these laws. On the international level, there is little to no discussion of criminal guarantees for the protection of this right because the criminal sanctions for environmental crimes have not developed sufficiently. However, domestically, in Iran, the legislator has prescribed penalties such as imprisonment and fines to protect both the right to clean water and clean air. Nevertheless, these enforcement mechanisms do not seem to be particularly deterrent.