Comparative Studies in Jurisprudence, Law, and Politics

Legal and Practical Distinction Between “Delegation of Agency” (Tawkil) and “Transfer of Authority” (Tafwidh) in Drafting Official Documents

Sivash Madadi

; Zahra Tajari Moazeni *

; Aliakbar Esmaeili

Although the Iranian Civil Code has defined the general principles governing the agency contract, it lacks precision in clarifying and distinguishing between the related legal institutions of delegation of agency to another (tawkil be-ghayr) and transfer of authority (tafwidh). This legal ambiguity—particularly evident in notarial offices—has led to serious uncertainty in the preparation of official powers of attorney. Notaries, as the legal officers responsible for drafting documents, frequently face conceptual challenges in determining whether a given document merely constitutes permission to employ another agent (delegation of agency), or whether it entails a full transfer of the original agent’s powers (transfer of authority). The purpose of this article is to analyze and precisely distinguish the legal nature of tawkil and tafwidh, with a specific focus on their practical differences in the field of official document drafting. The research method is descriptive–analytical, based on jurisprudential principles (usul al-fiqh), relevant provisions of the Iranian Civil Code (particularly Articles 656, 672, and 673), and prevailing practices in notarial offices. The findings indicate that the fundamental difference between delegation of agency and transfer of authority lies in the continuation of powers, responsibility of the primary agent, and mode of termination of the secondary agency. In tawkil, the first agent (secondary principal) retains his original powers and shares responsibility with the secondary agent (sub-agent) for actions taken. Conversely, in tafwidh—as commonly practiced in notarial offices—the first agent’s authority is completely revoked, and the agency relationship is directly established between the original principal and the second agent. This distinction has profound implications for termination, dismissal, and liabilities arising from agency. These differences are crucial when drafting notarial instruments and determining the contractual clauses contained therein (such as the phrase “even repeatedly”), as they directly affect the survival or cessation of the legal effects of the agency.

Examining the Role of the Ruler in Public Endowment in Iranian Law and Islamic Jurisprudence

Abbas Rastegar

; Mohammad Moghadamfard *

; Ali pourjavaheri

, Mohammad Bagher Amerinia

https://doi.org/10.61838/

In public endowment (waqf ʿām), according to the opinion of many jurists, the endowed property is permanently removed from the ownership and possession of the donor. Others, however, believe that the endowed property becomes ownerless (mā lā mālik lah) and therefore does not require a specific owner to be designated. In either case, the transfer or alienation of the endowed property is legally impermissible. According to certain jurists, in this type of endowment, the administration (tawliyah) is entrusted to the individual appointed by the donor (wāqif). However, if the donor has not designated a trustee, the supervision and administration of the endowment fall under the authority of the legitimate ruler (ḥākim sharʿ). Nevertheless, if it becomes evident that the trustee appointed by the donor lacks the necessary qualifications, the legitimate ruler—acting to safeguard the interests of Muslims and the beneficiaries for whom the endowment was made—may replace the trustee. Endowment (waqf) is among those institutions that possess a deeply religious character; therefore, the jurist–guardian (walī-e faqīh) or legitimate ruler plays a significant role throughout its various stages. The ruler participates in issuing legal opinions in his capacity as a jurist (faqīh), in resolving disputes as a judge (qāḍī), and in making critical administrative decisions as a ruler (ḥākim).

Foundations of Article 477 of the Code of Criminal Procedure in Islamic Jurisprudence

Qasem Salmani

; Parviz Zakaeian *

; Baitollah Diosalar

https://doi.org/10.61838/

“Manifest violation of Sharia” in Islamic jurisprudence refers to cases where a judicial decision or statutory rule is clearly inconsistent with fundamental and well-established principles of Islamic law. In the Iranian legal system, which is rooted in Imāmī (Twelver Shīʿī) jurisprudence, the presumption is that laws and judicial rulings do not conflict with the principles of Sharia. The present research employs a descriptive-analytical methodology. Article 477 of the Code of Criminal Procedure is founded on the principle that judicial rulings must not contradict established Islamic jurisprudential norms, even when those rulings comply with codified statutes. From a jurisprudential perspective, a “manifest violation of Sharia” occurs when a judgment clearly contradicts the explicit text of the Qurʾān, definitive Sunna, or the consensus (ijmāʿ) of jurists. In statutory law, this concept serves as a standard to ensure the judiciary’s alignment with Sharia. However, the ambiguity in identifying specific instances and establishing objective criteria for determining when a violation is “manifest” has drawn criticism. Such ambiguity can broaden interpretive discretion for judicial authorities and undermine the finality of judgments. Clarifying this concept was the main motivation behind the present study. Ultimately, the interaction between Islamic jurisprudence and statutory law in this field illustrates the Iranian legal system’s effort to maintain a balance between the finality of judgments and adherence to Sharia, though the need for clearer criteria for implementing Article 477 remains evident. Given the current judicial structure—where the majority of judges are not mujtahids (jurists qualified for independent reasoning) and the number of erroneous judgments is considerable—the necessity of such a mechanism is unquestionable. However, safeguards should be developed to prevent this type of review from effectively becoming another stage of litigation.

Restitution in Kind in Civil Liability in Iranian and Iraqi Law

Zainab Suitan Hussein Al-Hameed

; Mojtaba Nikdosti *

; Samah Hussein Ali

, Mohammad Javad Abdollahi

, Hassan Paktinat

https://doi.org/10.61838/

Among the necessary elements for contractual liability and civil liability is the existence of damage or harm; the compensation of such damage or harm within each type of liability must satisfy specific conditions. Once the existence of damage is established and the other requirements are met, liability arises. The principal purpose of fault-based or contractual civil liability is the protection of the interests of the injured party through compensation. In this sense, the harm suffered by the injured party should be remedied so that they are restored to the position they would have occupied had the contract not existed or the injurious act not occurred. To achieve this aim, the Iranian and Iraqi legal systems have adopted various approaches. Compensation is a critical concept, especially in cases where the objectives and motivations of the contracting parties change during the performance of the contract or when one party fails to fulfill its obligations for various reasons. The concept of compensation in both Iranian and Iraqi law has direct or indirect Sharia-based foundations and is inspired by the verses of the Qur’an. This concept has been further developed by the interpretations of other Islamic scholars and jurists. Civil liability differs from other legal concepts, including criminal liability. At times, civil liability precedes criminal liability, and at other times it does not. As a result, compensation for harm can occasionally be accompanied by punishment, while at other times it is separate from it. Despite the fact that civil liability and contractual liability share many aspects in straightforward matters and there is no fundamental difference necessitating their strict separation, there remain certain distinctions between these two types of liability. These differences become significant when compared to the new European legal frameworks and are subject to debate within this study.

Judicial Oversight of Administrative Police in States of Emergency in Iranian and Iraqi Law

Husam Hazim Ahmed Ahmed

; Seyed Mojtaba Vaezi *

; Mohammad Javaheri Tehrani

, Hadi Salehi

https://doi.org/10.61838/

States of emergency, as one of the most complex situations of governance, constitute an arena in which the balance between maintaining public security and safeguarding fundamental freedoms is challenged. The administrative police, as the executive arm of the state in managing public order, are vested with broader powers in such circumstances, which creates the risk of abuse or arbitrary exercise of authority. This study, adopting a comparative approach, examines judicial oversight of the actions of the administrative police during states of emergency in the legal systems of Iran and Iraq. The theoretical framework of the study is based on the linkage between the theory of the rule of law and the theory of the state in exceptional circumstances. The research method is descriptive–analytical, relying on library data and fundamental legal sources of both countries. The findings reveal that although both countries, in terms of legal foundations, recognize the legitimacy of judicial oversight, institutional shortcomings, ambiguities in jurisdiction, and security considerations have limited the effectiveness of such oversight in practice. As a result, recommendations are provided, including clarification of the scope of administrative police powers, strengthening of specialized judicial capacities, and the establishment of multi-layered accountability mechanisms.

Pathology of the Policy-Making Process in Economic Development Programs in the Islamic Republic of Iran (Case Study: Comparison of the Khatami and Ahmadinejad Administrations)

Mohammad Reza Kari

; Hojjatallah Darvishpour *

; Mohammad Ali Khosravi

https://doi.org/10.61838/

Growth and development are among the most significant contemporary challenges facing developing societies, as they both reflect the level of political, economic, and social cohesion and stability, and demonstrate the existing human, political, and economic capacities within these societies. The factors preventing the achievement of economic development goals in Iran are associated with multiple variables. This study, aiming to analyze the deficiencies of the decision-making processes in economic development programs from the perspective of public policy, examines the Khatami and Ahmadinejad administrations. The central research question is: What deficiencies have the decision-making processes in Iran’s economic development programs faced from the viewpoint of public policy during the Khatami and Ahmadinejad administrations? The main hypothesis is that both administrations encountered the challenge of multiplicity of decision-making centers; however, the Khatami administration benefited from a greater degree of economic liberalization, whereas the Ahmadinejad administration adopted a slogan-driven justice-oriented approach. This research is fundamental in nature and has been conducted using a descriptive-analytical approach and a case study method. Qualitative research tools such as collecting and reviewing printed sources, economic documents, economic and political narratives, as well as analyses and interpretations within the timeframe of the two administrations, were employed. The findings reveal that several key strategies can play a significant role in improving decision-making processes; if implemented simultaneously and integrated into the system, these strategies can lead to transparent and sustainable change in the development process. The objective of the study is to provide description, decomposition, analysis, and inference of the relationships among the available data, and to assess the degree of influence among variables in order to identify deficiencies and ultimately offer practical recommendations.

The Position of Terror in the Weakening of National and International Security

Hadi Nakhjavanniya

, Mohsen Shekarchizadeh *

, Razie Ghasemi Kahrizsangi

https://doi.org/10.61838/

Terror, meaning the creation of fear, has been described as a terrifying and horror-filled situation that emerges through engaging in violent and surprising individual or group behaviors aimed at achieving political and ideological objectives and disseminating one’s own views. The characteristics of terror include the use of force and violent actions to instill fear, conducting actions unlawfully and illegitimately, targeting based on political and ideological purposes, as well as the acquisition and preservation of power. In fact, it is used as a powerful tool to maneuver and attain political and religious objectives. Today, combating the phenomenon of terrorism has turned into a pressing issue for the international system; because the chaotic conditions resulting from its occurrence not only damage human security but also directly assault both national and international security. The important point is that terrorism is a strategic phenomenon utilized to achieve objectives and to exert influence on the national security of states, especially those of the Third World.

جرایم ناقض حقوق بشر و مسئولیت کیفری اشخاص حقوقی در آنها

سمیرا بخشی

, رضا نیکخواه *

, سیامک جعفرزاده

https://doi.org/10.61838/

حقوق بشر و در شکل جهانی آن حقوق بین المللی بشریت در واقع برای جلوگیری از تضییع حقوق مسلم انسانها فارغ از منطقه جغرافیای ، دین ، رنگ ، پوست و ... همواره مورد توجه جوامع و کشور های جهان قرار گرفته است. پذیرش مسئولیت کیفری توسط اشخاص حقوقی و جرم انگاری نقض حداقل برخی از آنها ، رعایت حقوق بنیادین بشر را زیر سوال برده و حمایت از حقوق بشر را متزلزل می کند. در این تحقیق با روش تحلیلی – توصیفی به جرایم ناقض حقوق بشر پرداخته شده است و یافته ها نشان می دهند که از سالهای قبل و در بعد از جنگ جهانی دوم بررسی و رسیدگی به حقوق افراد و انسانها همواره مورد توجه دولت های محلی و نیز مجامع بین المللی قرار گرفته است. همچنین می توان جنگ جهانی دوم را نقطه عطف رسیدگی به حقوق علیه بشریت و نقض حقوق انسانها و گروههای بشریت دانست. لذا از این واقعه جهانی به بعد حاکمیت ها و نیز نهاد های بین المللی دریافتند که باید برای رسیدگی به این موضوع مهم بایستی نهاد ها ، کنوانسیون ها و دادگاههای ویژه در راستای احصا و احیای حقوق انسانها تاسیس شوند. پس اقدام به این امر حیاتی انجام گردید. در همین راستا علاوه بر اینکه مسئولیت حقیقی و مدنی افراد مرتکب جنایت ها مورد توجه بوده ، مسئولیت کیفری اشخاص حقوقی هم بصورت ویژه مد نظر نهاد های قضائی جهانی قرار گرفت. بطوریکه اکنون با وضع قوانین خاص مربوط به ارتکاب جرایم جزایی ناقض حقوق بشر دیگر نمی توان مسئولیت کیفری اشخاص حقوقی اعم از افراد ، دولت ها ، حاکمیت ها و شرکت ها را انکار نمود.

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. 3 (2025)

Published: 2025-09-26

Articles

The Legal System of Iraq and Its Laws in Cyberspace: Capabilities and Challenges

Ihsan Ali Chichan Alsumaualy

; Leila Raisi *

; Maher Ibrahim Qanbar Al-Azzawi

, Mahmood Ashrafy

119-134
- PDF
https://doi.org/10.61838/csjlp.337
Determining the Procedures for Dividing Common Properties in Iran's Registration and Judicial Systems with Attention to the Mechanisms for Dividing Jointly Owned Properties in the Country's Registration and Judicial Systems

Mahdi Khaleghi Hassanaliabad

; Mehdi Fallah Khariki *

; Ali Fotouhi Rad

152-163
- PDF
https://doi.org/10.61838/csjlp.391
Ownership of Water Resources in Islam and Its Application in Iran

Aliasghar Salehimofrad

; Ali Faghih Habibi *

; Seyed Abbas Poorhashemi

, Shirin Shirazian

19-35
- PDF
https://doi.org/10.61838/csjlp.381
Examining the Proportional Relationship Between the Principle of La-Zarar and Criminal Responsibility: A Review of Imam Khomeini’s Jurisprudential Opinions

Mohammad Hatami

; Hossein Ahmari *

; Mohamad Reza Kazemi Golordi

, Majid Shayganfard

152-171
- PDF
https://doi.org/10.61838/csjlp.335
The Legal Status of Crime-Derived Property in Iran's Criminal Justice System (Dos and Don'ts)

Naghmeh Makhdoom Mosafer

; Asghar Abbasi *

; Mehdi Esmaeili

, Ali Mansour Lakourge

240-251
- PDF
https://doi.org/10.61838/csjlp.301
Analysis and Explanation of the Principles and Foundations of Property Restitution

Nader Fooladpanjeh

, Yousef Molaei *

, Adel Abbasi

184-199
- PDF
https://doi.org/10.61838/csjlp.232
Legislative and Executive Strategies for Preventing Administrative Corruption in Banking Processes

Mahdiyeh Sadat Karimi

; Mohammad Taghi Dashti *

; Mohammadreza Hakakzadeh

200-213
- PDF
https://doi.org/10.61838/csjlp.255
Legislative, Judicial, and Executive Criminal Policy Strategies in Iran for the Protection of Water Resources

Seyyed Ebrahim Mousavi

; Behzad Razavifard *

172-183
- PDF
https://doi.org/10.61838/csjlp.299
Interpretation and Enactment of the Civil Liability Act in Light of the Element of Economic Efficiency

Mehrnoush Razazzadeh

; Davoud Nasiran Najafabadi *

; Reza Soltani

1-19
- PDF
https://doi.org/10.61838/
Influential Contexts on the Determination of the Death Penalty in Drug-Related Crimes

Nasim Khodakhah

; Mohammad Farajiha *

; Abbas Sheikholeslami

1-23
- PDF
https://doi.org/10.61838/
Right of Bodily Autonomy and Its Interference with Marital Rights

Zahra Karami

; Hassan Badini *

76-93
- PDF
https://doi.org/10.61838/csjlp.483
General Pathology of Criminal Security Measures and Judicial Oversight in Iran and the United States

Mahsa Harirforosh

; Samira Golkhandan *

; Akbar Rajabi

214-239
- PDF
https://doi.org/10.61838/csjlp.300
Criteria for Identifying Reclaimed Lands and the Boundaries of Endowments in Rangelands and Forests

Mojtaba Bagherzadeh

; Seyed Mostafa Mohaghegh damad *

; Gholam Ali Seifi zeinab

36-56
- PDF
https://doi.org/10.61838/csjlp.471
Comparative Study of Developments in the Commercial Procedural Code Bill with Emphasis on French Law

Amir Khajehzadeh *

57-75
- PDF
https://doi.org/10.61838/csjlp.436
Duties of the Headquarters for the Promotion of Virtue and the Prevention of Vice from the Perspective of Experts and the General Public

Fatemeh Najjar Ajampour

; Samad Abedini *

; Mehran Samadi

, Robabeh pour Jebeli

252-274
- PDF
https://doi.org/10.61838/csjlp.157
An Analytical Approach to the Components of Sustainable Development with a Focus on the Sale of Endowments and the Optimal Transformation of Endowed Properties

Mohamad Jahanmihan

; Seyed Mohsen Jalali *

; Mansor Amirzadeh Jirkoli

, Reza Haghpanah

94-103
- PDF
https://doi.org/10.61838/csjlp.166
Challenges and Functions of Establishing a Personality File in Civil Matters

Nafiseh Izadi

; Mehdi Fallah Khariki *

; Yaser Yahyizadeh

104-118
- PDF
https://doi.org/10.61838/csjlp.330
Administrative Governance and a Comparative Analysis of the Grounds for Administrative Violations in Iran and Iraq

Tamarah Mohammed Abbas Abbas

; Mohammadsharif Shahi *

; Jaafar Naser Abdulridha Alsoltani

, Leila Raisi

135-151
- PDF
https://doi.org/10.61838/csjlp.508

View All Issues

Comparative Studies in Jurisprudence, Law, and Politics

Legal and Practical Distinction Between “Delegation of Agency” (Tawkil) and “Transfer of Authority” (Tafwidh) in Drafting Official Documents

Examining the Role of the Ruler in Public Endowment in Iranian Law and Islamic Jurisprudence

Foundations of Article 477 of the Code of Criminal Procedure in Islamic Jurisprudence

Restitution in Kind in Civil Liability in Iranian and Iraqi Law

Judicial Oversight of Administrative Police in States of Emergency in Iranian and Iraqi Law

Pathology of the Policy-Making Process in Economic Development Programs in the Islamic Republic of Iran (Case Study: Comparison of the Khatami and Ahmadinejad Administrations)

The Position of Terror in the Weakening of National and International Security

جرایم ناقض حقوق بشر و مسئولیت کیفری اشخاص حقوقی در آنها

About the Journal

Current Issue

Articles

The Legal System of Iraq and Its Laws in Cyberspace: Capabilities and Challenges

Determining the Procedures for Dividing Common Properties in Iran's Registration and Judicial Systems with Attention to the Mechanisms for Dividing Jointly Owned Properties in the Country's Registration and Judicial Systems

Ownership of Water Resources in Islam and Its Application in Iran

Examining the Proportional Relationship Between the Principle of La-Zarar and Criminal Responsibility: A Review of Imam Khomeini’s Jurisprudential Opinions

The Legal Status of Crime-Derived Property in Iran's Criminal Justice System (Dos and Don'ts)

Analysis and Explanation of the Principles and Foundations of Property Restitution

Legislative and Executive Strategies for Preventing Administrative Corruption in Banking Processes

Legislative, Judicial, and Executive Criminal Policy Strategies in Iran for the Protection of Water Resources

Interpretation and Enactment of the Civil Liability Act in Light of the Element of Economic Efficiency

Influential Contexts on the Determination of the Death Penalty in Drug-Related Crimes

Right of Bodily Autonomy and Its Interference with Marital Rights

General Pathology of Criminal Security Measures and Judicial Oversight in Iran and the United States

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

Comparative Study of Developments in the Commercial Procedural Code Bill with Emphasis on French Law

Duties of the Headquarters for the Promotion of Virtue and the Prevention of Vice from the Perspective of Experts and the General Public

An Analytical Approach to the Components of Sustainable Development with a Focus on the Sale of Endowments and the Optimal Transformation of Endowed Properties

Challenges and Functions of Establishing a Personality File in Civil Matters

Administrative Governance and a Comparative Analysis of the Grounds for Administrative Violations in Iran and Iraq

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