scholarly journals The Ratification and Status of the International Treaties in the Legal System of the Islamic Republic of Iran

2017 ◽  
Vol 10 (5) ◽  
pp. 85
Author(s):  
Seyed Ahmad Tabatabaei ◽  
Siamak Karamzadeh
Keyword(s):  
Legal System ◽  
Civil Code ◽  
The Other ◽  
International Treaties ◽  
Islamic Republic ◽  
Islamic Revolution ◽  
Objective Interpretation ◽  
The Status ◽  
Islamic Republic Of Iran ◽  
The Guardian

After the Islamic revolution in Iran in 1979, fundamental changes occurred in Iran’s political and legal system. Pursuant the referendum on creating the Islamic Republic in March 1979, the new constitution came into force in the same year and many of the ordinary laws of the country were also reformed. The purpose of this study is to consider the method of ratification of international treaties and the status of these instruments in the legal system of Iran. Firstly, the stages of the ratification of treaties in Iran's legal system have been explained. Secondly, the position of treaties among the other laws is discussed. This study concludes that, the international treaties, like ordinary laws, primarily should be passed by the Islamic Consultative Assembly; and after the approval of the Guardian Council, they should be signed by the President. Under the Constitution of Iran all international treaties should all be ratified by the Islamic Consultative Assembly (parliament) and the Guardian Council; however, based on the interpretations of the Guardian Council and the executive procedures, some treaties have been excluded from the ratification of the Islamic Consultative Assembly. International treaties may enjoy a higher position than that of the ordinary law through an objective interpretation, although they have been recognized as ordinary laws by the Article 9 of the Civil Code of Iran.

International Law within the Israel Legal System

1990 ◽  
Vol 24 (3-4) ◽  
pp. 451-484 ◽  
Author(s):  
Ruth Lapidoth
Keyword(s):  
International Law ◽  
International Organizations ◽  
Legal System ◽  
The State ◽  
Laws Of War ◽  
International Treaties ◽  
The Status ◽  
The Military ◽  
State Of Israel ◽  
High Seas

Since the establishment of the State and up to the present day, Israeli law has had to deal with a great number of various problems in the field of international law, e.g. whether the State of Israel is a successor to the obligations of the Mandatory government; the jurisdiction of the Israeli courts with regard to offences committed in demilitarized zones or beyond the State's boundaries (on the high seas or abroad); the immunity of foreign states and their representatives from the jurisdiction of Israeli courts and from measures of execution; the status of international organizations and of their employees; the effect and implications of official acts performed within the territory of a state which is at war with Israel; the effect of international treaties in Israel; the question whether the Eastern neighbourhoods of Jerusalem are part of Israel; various issues concerning extradition, and of course, many questions regarding the laws of war: the powers of the military governor, and in particular his power to expropriate land in the territories under Israeli control and to expel residents from the territories, the extent of his legislative powers, etc.

Shariah Punishments in the Islamic Republic of Iran

2019 ◽  
pp. 306-309
Author(s):  
Mohammad Hashim Kamali
Keyword(s):  
Criminal Law ◽  
Penal Code ◽  
Islamic Republic ◽  
Islamic Revolution ◽  
Islamic Republic Of Iran ◽  
Ayatollah Khomeini ◽  
The Government ◽  
Civil Laws

Iran’s experience of Islamic criminal law is closely connected with Ayatollah Khomeini and the Islamic Revolution of 1979. A new constitution and a set of criminal and civil laws were introduced in the early 1980s and eventually culminated in introduction of the Islamic Penal Code 2013. This chapter provides an overview of that code and its provisions on Islamic punishments, the controversies it has generated, and how the legislative bodies and the government took measures to address them.

Biotechnology Regulations in the Islamic Republic of Iran

2007 ◽  
Vol 4 (4) ◽  
Author(s):  
Negar Tayyar
Keyword(s):  
Stem Cell ◽  
Organ Transplantation ◽  
Stem Cell Research ◽  
The Other ◽  
Islamic Republic ◽  
Medical Technologies ◽  
Islamic Republic Of Iran ◽  
Genetic Technologies ◽  
Bioethical Issues ◽  
Bioethical Debate

AbstractThe increasing development in biomedical advances and medical technologies makes awarefor the importance of bioethics. Progresses in the fields of stem cell research, genetic technologies, organ transplantation and cloning aroused the bioethical debate. On one hand, the focus of bioethical issues mostly neglects the Muslim view, on the other hand there is a lack of differentiation within the Islamic positions.

scholarly journals Investigating the Juristic basis of State and Provincial Commands in the Civil Lawof Islamic Republic of Iran

2015 ◽  
Vol 6 (2) ◽  
Author(s):  
Ardeshir Fathalian ◽  
Dr. Rajab Akbarzadeh ◽  
Dr. Ahmad Hosein Falahi
Keyword(s):  
Civil Law ◽  
Civil Code ◽  
Islamic Republic ◽  
Islamic Republic Of Iran ◽  
The Subject ◽  
Supreme Leader

<p>Governmental commands are commands which the ruler of the society prescribes according to the predicted legal terms and the general well beings of the Muslims to protect the safety of the society and resolve the deadlocks. Guardian jurist's (Vilayat-e Faghih's) and supreme ruler's range of authorizations are complete and full so that Imam Khomeini announced that guardianship should include all issues for which the prophet of Islam and Shia Imams have a responsibility towards it. This study made an attempt to investigate the juristic principles of governmental commands in civil code of the Islamic Republic of Iran.The basis and evidence of the subject were referred to from Quran, narrations, Islamic jurists' and scholar's opinions and the intuition viewpoint. In the civil law of the Islamic Republic of Iran, there are some clauses like 56, 77, 79, 81, 171, 1029, and 1130 which are representative of the influence of governmental command by the supreme leader.</p>

scholarly journals Chronological Study of Iran-U.S Relations (1785-1997)

2016 ◽  
Vol 6 (4) ◽  
pp. 38
Author(s):  
Baharak Partowazar ◽  
Fakhreddin Soltani
Keyword(s):  
United States ◽  
Trade Agreement ◽  
The United States ◽  
Islamic Republic ◽  
Islamic Revolution ◽  
Islamic Republic Of Iran ◽  
Pahlavi Dynasty ◽  
Diplomatic Relationship

Relationship between Iran and the United States started with a Trade Agreement during Qajar dynasty during Amir Kabir chancellorship, though formal diplomatic relationship was not established until 1944.During Pahlavi dynasty, their relationship improved and after the Islamic revolution their relationship transformedinto the hostility.Therefore, Iran-U.S relation has experienced complex changes. This article attempts to study major shifts in Iran-U.S relationssince Qajar dynasty until the end of Rafsanjani presidency in the Islamic Republic of Iran.

A Delicate Balance: Religious Autonomy Rights and lgbti Rights in Australia

2015 ◽  
Vol 10 (1) ◽  
pp. 45-62 ◽  
Author(s):  
Charlotte Baines
Keyword(s):  
Legal System ◽  
Religious Freedom ◽  
Status Quo ◽  
The Other ◽  
Faith Communities ◽  
Human Right ◽  
The Status ◽  
Research Gap ◽  
The One ◽  
The Right

This article addresses a research gap by analysing the way the Australian legal system is balancing the right to religious autonomy of organisations and the right of lgbti individuals not to be discriminated against, and considers what ought to be the case. I argue that the Australian legal system recognises the value of religious freedom on the one hand, and on the other hand, does not place a high priority on protecting it as an existing human right. My findings reveal that the Australian legal system is not always defining the religion and society relationship in ways that reflect the lived reality of religion in society. The issue is compounded by the wording of religious exemptions under anti-discrimination law which is contested within faith communities. As a consequence, religious freedom can be unfairly restricted. I conclude with recommendations to improve the status quo.

scholarly journals Analysis of the Status of Sustainable Entrepreneurship in Macro and Sectorial Agricultural Policies of the Islamic Republic of Iran

2017 ◽  
Vol 8 (1) ◽  
pp. 80-97
Author(s):  
Pegah Moridsadat ◽  
Abdol Reza Roknoddin Eftekhari ◽  
Mahdi Pour Taheri ◽  
Hossein Shabanali Fami
Keyword(s):  
Agricultural Policies ◽  
Islamic Republic ◽  
Sustainable Entrepreneurship ◽  
The Status ◽  
Islamic Republic Of Iran

scholarly journals SPECIFICS OF THE LEGISLATIVE SYSTEM IN THE REIGN OF THE EMPEROR HADRIAN

2021 ◽  
Vol 31 (1) ◽  
pp. 138-143
Author(s):  
G.D. Gabarashvili
Keyword(s):  
Legal System ◽  
The Other ◽  
Roman Law ◽  
Legislative Power ◽  
Patriarchal Family ◽  
The Status ◽  
Legislative Policy ◽  
The One ◽  
Further Development ◽  
Regulation Of Law

The reign of Hadrian (117-138 A.D.) is characterized by important changes in the legal system. This article examines the activities of Hadrian and his lawyers concerning the systematization of the edicts of the praetors and preparation of Edictum perpetuum, a key source for the further development of not only Roman, but also world law. In particular, extracts from the works of Salvius Julianus, Hadrian's leading lawyer, were included in Justinian's Digests. Hadrian's attempts to centralize legislative power in the hands of the Princeps are noted, on the one hand, and the weakening of the influence of lawyers, magistrates, and the Senate on the regulation of law, on the other. The changes in Roman law made by Hadrian, the improvement of the status of freedmen and slaves, and the destruction of the ancient Patriarchal family are indicated. The article analyzes the constitutions of the Princeps, their features and differences from the lawmaking of magistrates, and attempts to summarize the significance of the legislative policy of the Emperor Hadrian.

scholarly journals POLITIK PEMBANGUNAN HUKUM PERJANJIAN INTERNASIONAL TERKAIT STATUS DAN KEDUDUKAN PERJANJIAN INTERNASIONAL DI TINJAU DARI PRAKTIK INDONESIA

2017 ◽  
Vol 24 (1) ◽  
pp. 56
Author(s):  
Siti Sumartini
Keyword(s):  
International Relations ◽  
International Law ◽  
Legal System ◽  
International Agreements ◽  
Public Understanding ◽  
International Treaties ◽  
The Public ◽  
The Status

International agreements (treaties) is one of the mechanisms in international relations as well as one of the sources of international law. Lack of understanding of what the public understanding of international agreements often giving riseto confuse in ournational legal system. Thereby also on the status and position of international treaties in the practice of Indonesia has not provided clarity about what the system is about to be followed by Indonesia.

scholarly journals Iraq's foreign policy and the regional context, the input of instability and mechanisms of normalization

2019 ◽  
pp. 97-112
Author(s):  
أ.م.د.اسامة مرتضى باقر ◽  
أ.م.د.اسامة مرتضى باقر
Keyword(s):  
Saudi Arabia ◽  
The Political ◽  
Islamic Republic ◽  
Regional Environment ◽  
The Past ◽  
Syrian Arab Republic ◽  
The Status ◽  
Islamic Republic Of Iran ◽  
Arab League ◽  
Economic Developments

Iraq has suffered since 1991 from international sanctions imposed on it by the dictatorial regime that existed at the time, invading Kuwait, which led to the decline of the status of Iraq and the isolation of international and regional (Arab) and clear Iraq as a strange entity living within its regional environment, after April 2003 did not change much In fact, there were no signs of détente before the Arab League summit in Baghdad in 2011, and the signs of a break in the stalemate in inter-relations over the past years have become evident. Disruption and refraction was not high (Islamic Republic of Iran, Turkey, Syrian Arab Republic, Hashemite Kingdom of Jordan, Saudi Arabia, Kuwait). Each side is governed by perceptions about Iraq, especially after 2003, and the political and economic developments taking place.  

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