scholarly journals LEGAL PRINCIPLES OF ECONOMIC POLICY IN THE ISLAMIC REPUBLIC OF IRAN

2019 ◽  
Vol 8 (3) ◽  
Author(s):  
Ayoub Ahmadi Gandmani ◽  
Mohammad Sadeghi ◽  
Babak Baseri

In this research, we first describe and explain the terminology and key words used in the title of the research, namely "Legal Basics", "Economic Policy" and "Islamic Republic of Iran". After explaining the terms and key words used in the research title, this question has been raised, what is the legal basis of economic policy in the Islamic Republic of Iran? Given the clarification of the concept of legal principles and other words used in the research title, the answer to this question is in the highest and most valid legal document in the country, the constitution. Our assumption is that the legal basis for economic policy in the Islamic Republic of Iran is Islamic economics, in other words, the main constitutional basis for economic policy, the Islamic economy, in other words, what is the right of the people and the duty of the state is to make policy according to constitutional criteria. Finally, in view of the goals and ideals of the Islamic Revolution of Iran and the post-revolutionary atmosphere of the Islamic Republic, and the Islamic attitudes of the main legislators, which have contributed to the introduction of the constitution and the various principles of the constitution, and ultimately the principles of the constitution in which the use of Islamic economics has been used, has been answered to the question in a descriptive-analytical method

PALAPA ◽  
2020 ◽  
Vol 8 (2) ◽  
pp. 244-284
Author(s):  
Nurhadi Nurhadi ◽  
Mawardi Dalimunthe

The purpose of this study is to find out the concept of khilafah according to Sayyid Quthub and Taqiyuddin al-Nabhani, differences and legal basis. This study is a library model, with primary data sources, the Zhilalal-Qur'anic Tafseer and Nizham Al-Hukmi Fi Al-Islam and qualitative descriptive analysis methods. The result is the thought of the concept of khilafah according to sayyid Quthub: 1). The concept of the ruler / caliph, that who becomes the ruler of the choice of the Muslims, acts in absolute freedom, but that person gets the authority because he constantly applies the law of Allah Almighty. 2). The Islamic government system, the Supra Nasional government (the unity of the entire Islamic world). 3). The pillars of his Islamic government: a). Justice of the ruler; b). People's obedience; c). Consultation between the people and the authorities. Thought of the concept of the Caliphate according to Taqiyuddin Al-Nabhani: 1). The concept of the ruler / caliph is a person who represents the Ummah in government affairs and power and in applying syara 'laws. 2). The system of government is khilafah. 3). The pillars of his Islamic government: a). Sovereignty in the hands of syara '; b). Power of the people; c). To appoint a legal Caliph fardlu for all Muslims; d). Only Khailfah has the right to carry out tabanni (adoption) against syara 'laws; e) The Caliph has the right to make constitutions and all other laws. The differences in the concept of khilafah are both: 1). According to Sayyid Quthub, if the ruler fails, then the ruler can be dismissed if the Muslims are no longer satisfied with him. This statement gives a signal that the people get rid of the rulers who no longer fulfill their functions (zhalim rulers). It is different from the opinion of Taqiyuddin al-Nabhani. An Amir al-mu'minin (Khalifah), even though he is responsible before the people and his representatives, but the people and their representatives are not entitled to dismiss him. Nor will the Caliph be dismissed, except when deviating from Shara law. The one who determined the dismissal was only the Mazhalim court. 2). The system of Islamic government according to Sayyid Quthub does not question any system of government in accordance with the system of conditions of society, but this government is characterized by respect for the supremacy of Islamic law (shari'ah). Whereas According to Taqiyuddin Al-Nabhani that the system of Islamic government is khilafah. 3). The pillars of Islamic government according to Sayyid Quthub and Taqiyyuddin al-Nabhani, points three parts a and b at the above conclusions are: 1). Sayyid Quthub: a). Justice of the ruler; b). People's obedience; c). Consultation between the people and the authorities. 2). Taqiyyuddin al-Nabhani: a). Sovereignty in the hands of syara; b). Power of the people; c). To appoint a legal Caliph fardlu for all Muslims; d). Only Khailfah has the right to do tabanni (adoption) against the laws of shara; e). The Caliph has the right to make constitutions and all other laws. The legal bases for determining the Caliphate according to both: 1). The legal basis for the establishment of the Caliphate according to Sayyid Quthub: 1). Ruler, Qur'an Surah (2) al-Baqarah verse 30; 2). Islamic Government System, Qur'an Surah (24) an-Nur verse 55; 3). Pillars of Islamic Government, Qur'an Surah (4) an-Nisa 'verse 58. 2). The legal basis for the establishment of the Caliphate according to Taqiyyuddin al-Nabhani: 1). Ruler, hadith of Muslim history from Abu Said Al khudri, Hadith no. 1853 and Muslims from Abdullah Bin Amru Bin Ash, Hadith no. 1844; 2). Islamic Government System, Al-Qur'an surah an-Nisa '(4) verse 59, an-Nisa' (4) verse 65. Muslim, saheeh Muslim, volumes, 3 pp., 1459 and 1480; 3). Islamic Pillars of Government al-Qur'an surah An-Nisa (3) verse 65, and Surah An-Nisa (3) verses': 5.


2020 ◽  
Vol 9 (3) ◽  
pp. 951
Author(s):  
Diana Shamilyevna PIRBUDAGOVA ◽  
Sabina Mukhtarovna VELIYEVA

Kazakhstan and the Islamic Republic of Iran are two states that have common sea borders through the Caspian Sea, two friendly neighbors, successfully developing both bilateral cooperation and cooperation at the regional and international level. The relevance of this study is that today it is advisable to study the foreign policy of not only world powers, but also ‘non-knowing’ countries in order to determine the scenario for the development of relations between the two countries. The purpose of the article is to analyze and evaluate the geostrategic features of the interaction of Kazakhstan and Iran in the regional and global aspects. The leading approach to the study of this problem is the analysis method, which allowed to study the history of relations between Kazakhstan and Iran at different stages. This article attempts to determine the geostrategic features of the interaction between Kazakhstan and Iran in the regional and world aspect analyze and evaluate their bilateral relations.  


2021 ◽  
Vol 9 (SPE2) ◽  
Author(s):  
Hossein Hassanpour Dehnavi ◽  
Ahoura Rahbar ◽  
Ahmad Bakhshi ◽  
Ali Mohammadzadeh

The purpose of this paper is to use a descriptive-analytical method, a comparative study and to use the historical data to study the effect of each of these variables on the regionalization process.


GANEC SWARA ◽  
2021 ◽  
Vol 15 (1) ◽  
pp. 991
Author(s):  
NI LUH ARININGSIH SARI

     The concept of the State's Right to Control over Land in Land Law (UUPA) and the Constitution are things that need to be clarified based on law. The type of research in this research is normative research, namely research on legal principles related to the concept of the State's right to control over land seen from the aspects of the Basic Agrarian Law and the 1945 Constitution of the Republic of Indonesia. The approach method used in this research is the statutory approach (the statute approach), the conceptual approach, which utilizes the views and thoughts of experts regarding the concept of the rule of law and the historical approach is carried out by examining what background. which underlie a development of the implementation of the right to control the State. The results of the study show that the concept of the right to control of the State which is regulated in the 1945 Constitution and the UUPA, is different from the legal relationship which is ownership between the State and land based on the Domeinverklaring principle which is regulated in the Land Law for the Administration of the Dutch East Indies Government which has been revoked in the UUPA. The principle of Domeinverklaring contradicts the legal awareness of the Indonesian people and the principles of an independent and modern State, especially in the 1945 Constitution which regulates State control of all agrarian resources which are essentially intended for the greatest prosperity of the people (Article 33 paragraph (3)).


2016 ◽  
Vol 10 (1) ◽  
pp. 127
Author(s):  
Ebrahim Taghizadeh ◽  
Seyed Ali Tabatabaee Far

This study investigates the validity of man non-remarriage condition in Iran Civil law by using the judicial and legal analysis in descriptive and analytical method. The purpose of this study is to resolve some of the ambiguities surrounding this condition of the marriage document that can be used for the Bureau of family Court, lawyers, and other legal entities. Our survey shows that although there is no clear wording of the law in the Iran legal system. According to the judicial decisions and some of the Articles such as 959 and 942 in Civil law and the 1201/7 vote of the Supreme Court, it seems that non-remarriage condition in Iran Civil law is considered as instances of general negation and void, but its nullity does not impair the validity of the marriage.


2019 ◽  
Vol 2 (1) ◽  
pp. 19-28
Author(s):  
Maryati B

The success of the rights to self determination affects state sovereignty, in contrast to the successful use of the rights of self determination. This study collects literature materials through the study of textbooks and access the internet to obtain data and use qualitative descriptive methods to analyze data and penguliisannya. The question is: Can self-determination rights, especially rights to self-determination, be used at any time or in any country at the present moment, after colonialism is almost erased on earth? After Indonesia ratified the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights in December 2005, are the Indonesian people free to use self-determination rights, both of which are rights to self determinants or rights of self determination? The rights of self-determination are also common, but in Indonesia it failed to transform the unitary state into a federation in 1999. With the ratification of the two Covenants, the people of Indonesia are not free to use rights to self-determination as well as the rights of self-determination because in both ratifying laws , Law Number 11 Year 2005 and Law Number 12 Year 2005 stipulated that the first article of the Covenant was declaration in the sense of exclusion of its ratification including the right to regulate all its resources and resources, so that ratified only other articles other than article 1 If there is also the use of the right to self-determination, there is no legal basis or legality in Indonesia.


2020 ◽  
pp. 63-77
Author(s):  
Muhammad Ikram Bin Abu Hassan

Islam is a religion came to bring people from darkness to light However, the principle of compulsion in religion is one of the basic principles in Islam. The country is not without Muslim countries of non-Muslims of different religions, especially the Christians, and hence the problem arises in the knowledge of how best to deal with the perception that they are the people of the book. This research aims to know how to deal with the Prophet peace be upon him through his dealings with the Christians Najran in his reign peace be upon him. As well as aims to reveal the charters that took place between the Prophet and the Christians of Najran. This research was followed by an inductive analytical method through induction and analysis of texts from modern and biographies. The results found that the Prophet (peace and blessings of Allaah be upon him) used to deal with them and give them the right to live, equality, and so on. This indicates that the Prophet (peace and blessings of Allaah be upon him) was greedy to invite them into Islam. And also because of this policy prevailed security and stability in the region and the safest of the safest of the Christians because of the wisdom of the Prophet peace be upon him. This research should be used by students of science and Islamic countries in their dealings with Christians and other Muslims.


2020 ◽  
Vol 11 (1) ◽  
pp. 208
Author(s):  
Asadollah YAVARI ◽  
Saeedeh MAZINANIAN

Privacy is one of the cornerstones of the realization of human rights in a democratic system and is defined as a realm of everyone's life, is not accessible to others. Thus, privacy in cyberspace has a similar definition. Since privacy and data protection have different definitions for business owners, governments, and the general public, unlike other areas of law, which have well-established legal concepts, norms, and principles, privacy and data protection is an area of law that is not currently consolidated. The right to privacy, therefore, falls into two normative frameworks: preventing violation of the privacy of others, and training and guidance on secrecy. Data protection and privacy are not limited to one legal area. Data protection and privacy laws include areas of intellectual property, competition, and part of cybercrime. Since the level of individuals' privacy is determined by the national laws of each country or political entities such as the European Court of Human Rights (ECtHR) and the European Court of Justice, through the EU's General Data Protection Regulations applicable since 2018, the European Union (EU) has set criteria that will have a major impact on data protection and privacy laws in other countries. Furthermore, as privacy is one of the strongest recommendations of Islam, the law of cybercrime (2009), the law of freedom to access to information (2010), the charter of citizens' rights (2016) is supported in the positive laws of the Islamic Republic of Iran as well as in the constitution. The most important question in this article is what is the scope of privacy in cyberspace and to what extent do laws and regulations support it? Therefore, this descriptive-analytical study analyzes the concept of privacy and the scope of its right in the laws and regulations of the Islamic Republic of Iran and the challenges that the right of privacy faces.


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