https://cjls.hmu.ac.ir/ Jurisprudence studies and cultural law en daily 1 Tue, 23 Sep 2025 00:00:00 +0330 Tue, 23 Sep 2025 00:00:00 +0330 https://cjls.hmu.ac.ir/article_729186.html In this study, the term “minority” refers to the followers of non-Muslim divine religions, including Jews, Christians, and Zoroastrians, who live in an Islamic society, enjoy civil rights, and are demographically in the minority. A historical review of societies shows that the rights of minorities have often been neglected and, in some cases, subjected to discrimination. Imam Khomeini, as a prominent contemporary jurist and religious authority—besides his scholarly, mystical, and philosophical stature—was also the founder of the Islamic government. Critics of the Islamic Republic sometimes claim that the legal system rooted in Imam Khomeini’s jurisprudence disregards the rights of minorities. Using a documentary–analytical method, this research seeks to respond to such allegations by analyzing Imam Khomeini’s works and views regarding religious minorities. The findings demonstrate that, from Imam Khomeini’s perspective, not only is no injustice inflicted upon minorities, but within the Islamic system, they enjoy legitimate rights and freedoms, welfare, security, and a peaceful and equal life alongside other citizens. By emphasizing principles such as expediency (maslahah), guardianship (wilayah), sovereignty, and ijtihad, Imam Khomeini enabled the reconsideration of certain subsidiary rulings related to minorities and transformed them into dignified, respectful, and benevolent practices. https://cjls.hmu.ac.ir/article_728947.html Marriage, as one of the most fundamental foundations of society, holds a special place in Islam and has been strongly emphasized in numerous Qur’anic verses and traditions. Despite these emphases, contemporary wedding ceremonies in Iranian society have witnessed multiple cultural deviations that conflict with the principles of Imamiyyah jurisprudence. This study, employing a descriptive–analytical method through documentary and library-based research, seeks to answer the central question: “What deviations exist in contemporary Iranian wedding ceremonies from the perspective of Imamiyyah jurisprudence, and what are the Islamic legal rulings regarding them?” Findings indicate that practices such as the use of frivolous and impermissible music (lahw and ghina), mixed or individual dancing leading to corruption, consumption of alcoholic beverages and narcotics, extravagance and wastefulness, as well as public disturbance caused by loud noises and traffic congestion, are all instances of deviation from Islamic teachings in wedding ceremonies. Based on narrative and jurisprudential evidence, these practices are considered haram (forbidden) and entail sin and both criminal and civil liability for the perpetrators. The main contribution of this study lies in providing a jurisprudential explanation of these deviations and emphasizing the necessity of holding marriage ceremonies in accordance with Islamic etiquette and avoiding forbidden practices to preserve the sanctity of this divine tradition. Moreover, while certain cultural customs in contemporary Iranian society have normalized such deviations, the intervention of social elites, lawmakers, and religious authorities is deemed necessary to eliminate these cultural anomalies. https://cjls.hmu.ac.ir/article_729283.html This research provides an in-depth analysis of the fundamental role of moral principles embedded in the structure of law and the impact of the “institution of enforcement” paradigm on the process of legal ethics. Relying on the framework of the theory of “internal morality of law” by Lon Fuller and using the analytical-descriptive method, this study argues that legislation lacking inherent moral foundations not only lacks legal legitimacy, but also loses its ability to be an effective tool for social norm-making. In contrast, the “institution of enforcement” approach, which emphasizes the mere implementation of legal rules without regard to moral considerations, can become a factor in promoting institutionalized immorality. The findings of this research show that the dialectical interaction between law and ethics is not only inevitable but also necessary for the realization of desirable governance. A critical examination of the opinions of Fuller and his opponents, such as Hart and Rose, reveals to what extent the distinction between formal and substantive principles of law can be effective in determining the quality of the moralization of law. This study examines the harmful consequences of unjust laws and their arbitrary enforcement by presenting concrete examples of ethical-legal conflicts in areas such as taxation, economic regulation, and contract law. Finally, this article, with a detailed look, presents a theoretical framework for integrating the "internal morality of law" with the "institution of enforcement" in which the law, while maintaining its structural independence, becomes a reflection of the moral values of society. This model can be a suitable solution for overcoming the ethical challenges of contemporary legal systems. https://cjls.hmu.ac.ir/article_728946.html Given the legislator’s focus on preserving women’s dignity, moral security, and public health, a bill titled "Bill for Supporting the Culture of Chastity and Hijab and Promoting Social Health" was drafted in 2023 (1402). However, the initiative represented a positive step by the government in regulating issues related to hijab and modesty, as well as flaws in legislative drafting, inconsistencies with Islamic jurisprudential principles, and conflicts with existing legal documents, which limited its effectiveness in reducing social disorders. Consequently, in 2024 (1403), a revised version titled "Law on Supporting the Family through Promoting the Culture of Chastity and Hijab" was enacted in five chapters and seventy-four articles. Considering the significance of this law within the broader context of legislative developments in the Islamic Republic of Iran, scholarly analysis is necessary. This article, employing a descriptive-analytical approach, examines the initial bill in terms of its legislative standards and jurisprudential and legal foundations. It identifies the gaps, deficiencies, and ambiguities in the formulation of legal provisions, and subsequently compares the original draft with the enacted law. The comparative study concludes that the final law adopts a more punitive and deterrent stance, expands the range of punishable offenses, increases financial penalties, and enables more comprehensive monitoring. Moreover, Parliament’s emphasis on legal authority and deterrence reflects a tendency toward faster enforcement of penalties and stronger legal guarantees. https://cjls.hmu.ac.ir/article_729859.html Despite the explicit emphasis of the Constitution of the Islamic Republic of Iran on the central role of culture, there exists a theoretical gap in the systematic elaboration of the “rights and duties of cultural actors” at the intersection of Imami jurisprudence and public law. This ambiguity has led to inconsistencies in the performance of cultural institutions and a lack of clarity regarding the scope of their authority and responsibilities. The main objective of this research is to extract and conceptualize the rights and duties of cultural actors, both governmental and non-governmental, through a comparative method between the foundations of cultural jurisprudence and the principles of constitutional law in Iran. The findings reveal that, within the jurisprudential-legal framework of the Islamic Republic, cultural actors hold a “dual position”: they simultaneously enjoy certain “rights” such as the right to policy-making, oversight, and access to information resources, while also being bound by “duties” including the preservation of Islamic-Iranian identity, equitable distribution of resources, and transparency. The study particularly emphasizes the emergence of the “theory of augmented responsibility” for governmental actors in comparison with their non-governmental counterparts. The conclusion suggests that the efficiency of the cultural governance system depends on a shift from a merely duty-oriented approach toward a “responsibility-oriented” model, in which the exercise of each right entails accountability for achieving measurable performance indicators. Ultimately, this research proposes a hybrid framework based on “legal normative rights” and “value-based jurisprudential duties” as a suitable model for organizing the domain of cultural governance. https://cjls.hmu.ac.ir/article_729860.html Despite the existence of legal frameworks such as the Framework Convention for the Protection of National Minorities and Article 22 of the Charter of Fundamental Rights of the European Union—which emphasize respect for cultural, religious, and linguistic diversity—the practical implementation of cultural rights for Muslim minorities in the EU faces serious challenges. Muslims, as one of the largest religious minorities in Europe, often experience systemic discrimination, restrictions on the use of their mother tongue, bans on wearing the hijab, and exclusion from cultural participation. Such violations not only result in social marginalization and deprivation but also serve as a key factor in intensifying feelings of alienation and despair among Muslim youth. Accordingly, this study examines the cultural rights of Muslim minorities in the European Union and the consequences of their violation in fostering young people’s inclination toward extremist and terrorist groups. Based on existing research, youth radicalization is in many cases a response to structural inequalities, identity crises, and persistent experiences of discrimination. Using a descriptive-analytical method and drawing on reports from international bodies such as the Council of Europe and Minority Rights Group, this research demonstrates that the failure to fully implement existing laws, combined with security-oriented policies rather than inclusive approaches, has exacerbated the crisis. Therefore, strengthening the protection of minority cultural rights through multicultural education, guaranteeing access to minority media, and enhancing political participation can be considered effective strategies to prevent extremism. https://cjls.hmu.ac.ir/article_729134.html Taqiyyah, as one of the important teachings of Imami jurisprudence, has a special place in Quranic, narrational, and jurisprudential sources, and in certain circumstances, such as fear of personal, financial, or religious harm, has been prescribed or even considered obligatory as a rational and religious strategy to protect religion and believers. However, in contemporary discourse, taqiyyah is sometimes confused with concepts such as submission, passivity, and cultural self-denial; in such a way that this restrictive and expedient jurisprudential ruling is incorrectly introduced as a means of justifying retreat or abandonment of social and religious responsibilities. The present study, to explain the jurisprudential limits of taqiyyah and distinguish it from similar concepts, seeks to answer the main question: “What is the relationship between legitimate taqiyyah and submission and self-denial in Imami jurisprudence?” The research method is descriptive-analytical and relies on Imami jurisprudential, interpretative and narrative sources. The research findings show that taqiyyah is a temporary matter, subject to necessity and in line with preserving the supreme interest of religion, and is in no way synonymous with concepts such as submission, fear, or cultural self-defeat. Based on the analysis of jurisprudential sources and the character of the Ahl al-Bayt (a.s.), taqiyyah can be considered an honorable strategy that, in certain circumstances, replaces open confrontation with hidden resistance and enables the survival and spread of truth. A clear understanding of this concept is of strategic importance. https://cjls.hmu.ac.ir/article_724904.html In Islamic jurisprudence, women's testimony is accepted under certain conditions, which sometimes leads to differences from men's testimony. These differences are also reflected in the Iranian legal system and have faced challenges from the perspective of gender equality and social justice. From the perspective of social justice, women's testimony is not only a judicial right, but also a part of civil and human rights that must be examined with a fair perspective and without gender discrimination. In Imami jurisprudence, the conditions for women's testimony in non-financial matters, such as hudud and diyat, are accompanied by restrictions, while in financial matters and other fields, their testimony is accepted equally or under certain conditions. These differences have also had an impact on the Iranian legal system and have sometimes led to criticism from women's rights advocates. This article examines the jurisprudential foundations of women's testimony and its comparison with the criteria of social justice using a descriptive-analytical method and legal and jurisprudential sources. The results of the study show that despite some jurisprudential limitations, it is possible to revise traditional perceptions and interpretations based on the objectives of Sharia and the principles of social justice. This revision can pave the way for greater harmonization between Islamic rulings and contemporary social requirements, especially in areas where women play a key role in providing testimony. https://cjls.hmu.ac.ir/article_729763.html Vandalism, in addition to its conventional criminal dimensions, has always been a matter of concern for legal systems due to its infringement upon cultural heritage, public and private property, and the foundations of collective life. In dealing with children and adolescents who commit this crime, the criminal justice approach must be designed with full consideration of their “cultural rights,” including the right to opportunities for resocialization, rehabilitation, reform, and the preservation of their inherent dignity. This study, employing a descriptive-analytical method and with an emphasis on the judicial practice of Tehran courts, explores the application of juvenile procedural rules in cases related to vandalism. The findings reveal that although courts seemingly consider factors such as intellectual maturity and family circumstances, in practice, the absence of a clear framework for protecting their cultural rights—such as access to cultural-educational programs as alternatives to imprisonment or restitution—has hindered the full realization of the rehabilitative and corrective objectives of the law. Drawing upon jurisprudential foundations and child-protective legal principles, this article highlights the necessity of formulating “differential criminal policies for children and adolescents” in judicial processes, with an emphasis on cultural and educational policymaking. It proposes practical solutions for institutionalizing the protection of the cultural rights of children and adolescents in vandalism cases. https://cjls.hmu.ac.ir/article_725752.html Among the deviations, the issue of murder, which is the most severe type of crime, causes irreparable damage to the family and, of course, to society. Since murder reduces the sense of social security and affects mental and social health, it is necessary to study and investigate what causes and factors affect the commission of the crime of murder by women. Also, by understanding these factors, practical solutions can be provided to reduce such a tragedy for the family and society.In the present study, which was conducted using a descriptive-analytical method, a questionnaire was prepared to find out the most effective causes of murder committed by women in Isfahan province. In this study, all women accused and convicted of murder in Isfahan Prison constitute the statistical population. Based on the Morgan table, the sample size was 30 women convicted or accused of murder present in Isfahan Prison. The sampling method used is simple random sampling (SRS) and is available. After summarizing, the data was statistically analyzed in the SPSS software using a descriptive method. The results showed that economic factors had no effect on women committing murder. Among social factors, low education, husband's rejection of God, wife's unhealthy entertainment, lack of entertainment for the client, very weak emotional relationships, and among psychological factors, mental illness and aggression of the client's wife, addiction were identified as the most important causes of women committing murder. https://cjls.hmu.ac.ir/article_729124.html In the process of globalization and the digital revolution, and with the expansion of social networks, despite the numerous opportunities created for modern societies, these technologies have also caused serious cultural and social harm. Despite the slogans of gender equality in the Western world, sexual exploitation has reached its peak in the contemporary era. The field of women bloggers’ advertising and its effects on both the bloggers themselves and other groups of women in society have manifested in the form of multiple injuries. This article, with a descriptive-analytical approach, seeks to answer the question of whether, in the modern world, women’s blogging and advertising from the perspective of criminological teachings should be considered a threat or an opportunity for women. Based on the research findings, it can be argued that the threatening aspect of this phenomenon far outweighs its potential opportunities. The results suggest that through effective legislation, real enforcement guarantees, and the expansion of scientific pathology studies, the resulting harms of this phenomenon can be controlled and prevented. https://cjls.hmu.ac.ir/article_729922.html In 2021, the Eleventh Parliament of Iran ratified the Family Support and Youthful Population Act, which consequently repealed the Therapeutic Abortion Law of 2005. The primary aim of this legislation is to minimize and prevent abortions in order to promote population growth. However, it has imposed strict restrictions on abortion, even in cases where the fetus suffers from chromosomal or physical abnormalities. Two provisions of this Act—Article 53 (elimination of prenatal screening) and Article 56 (repeal of the Therapeutic Abortion Law)—have been criticized by experts due to the challenges they create for mothers, fetuses, families, and society. These critiques are based on issues such as the conflict between the mother’s right to life and that of the fetus, maternal hardship, and fetal deformity. Using a descriptive–analytical method, this study seeks to identify and evaluate the arguments of opponents to Articles 53 and 56, with particular attention to considerations of public interest, social welfare, and economic burdens, which in some cases impose additional financial and psychological costs on families and society. The findings highlight the importance of raising social awareness to prevent the abortion of healthy fetuses, providing a critical assessment of the recent legislation, and identifying strategies and factors that can support population growth and youthful demographics. https://cjls.hmu.ac.ir/article_729923.html The phenomenon of targeted assassinations of scientists and military commanders of the Islamic Republic of Iran by actors such as the United States of America and the Israeli regime has raised fundamental questions in the field of international law, particularly human rights law. This study aims to analyze these acts within the framework of international human rights and to assess their characterization as international crimes. Employing a descriptive-analytical method and relying on foundational human rights instruments such as the International Covenant on Civil and Political Rights and International Humanitarian Law, the findings indicate that targeted killings outside the framework of armed conflicts constitute a clear violation of fundamental principles such as the right to life, the prohibition of extrajudicial executions, and the right to a fair trial. Furthermore, based on the criteria for the formation of international crimes—including gravity, systematic nature, and breaches of peremptory norms—it is argued that such assassinations may amount to crimes against humanity, as they form part of an organized and widespread policy directed against a civilian group or specific population for political purposes. The article further elaborates on the international responsibility of violating states and explores avenues for prosecuting these crimes before international tribunals. https://cjls.hmu.ac.ir/article_734481.html This study examines the rule of the obligation to preserve social order (wujūb ḥifẓ al-niẓām) as one of the overarching maxims of Islamic jurisprudence, which plays a pivotal role in explaining and deriving many social, political, and economic rulings. The central question of the research concerns the sharʿi (scriptural) and rational foundations of this rule and its function in organizing the Islamic social system, particularly in contemporary contexts. The research adopts a descriptive–analytical method: it first outlines the conceptual dimensions of the rule of preserving social order and then critically analyzes its evidences through an argumentative approach. The objectives of the study are to clarify the position of this rule among juristic maxims, to identify its Qurʾanic, narrational, and rational foundations, and to analyze its implications and functions in the domains of governance and social order. The findings demonstrate that the obligation to preserve social order is deeply rooted in the fundamental objectives of the Sharīʿa. Evidences such as the prohibition of corruption, the command to establish justice and equity, the necessity of leadership and political authority, as well as the dictates of reason and the established practice of rational agents, provide strong support for this rule. The results further indicate that, in the contemporary era, this rule plays a decisive role in legitimizing political authority, legislation, public security, social justice, and the regulation of economic relations. Accordingly, it may be regarded as a key link between reason, Sharīʿa, and justice in the social philosophy of Islamic jurisprudence. https://cjls.hmu.ac.ir/article_734482.html Interactions between the citizens of different countries are an unavoidable necessity in international relations, and neglecting this matter inevitably leads to international isolation, hindered growth and development, and the projection of an ambiguous, and at times inaccurate, image of indigenous culture to others. Islamic countries, as tourist destinations, possess significant potential for growth; however, non-Muslim women are sometimes discouraged from visiting due to discretionary behaviors. This study aims to examine the rights of non-Muslim female tourists in Islamic countries by drawing on primary sources and the perspectives of religious scholars and thinkers. The most critical issues addressed in this article include the security of foreign female tourists and their permission to visit religious sites. This research adopts a descriptive-analytical approach, utilizing documentary methods for data collection and grounded theory for theorizing. The findings indicate that tourism by non-Muslim women in Islamic countries will be carried out without any problems, based on peace and security agreements and by paying visa fees and taxes. However, these women must not harbor any intent to harm Muslim countries and should remain mindful of cultural sensitivities, particularly when appearing in public or visiting Muslim religious sites. The formulation of strategies such as dress codes, educating on etiquette for attending religious sites, clarifying cultural sensitivities, and establishing regulations to foster positive experiences in Islamic countries, economic growth, and the promotion of cultural tolerance is recommended for policymakers and planners. https://cjls.hmu.ac.ir/article_734483.html AbstractUpon accepting the basic principle of the legitimacy of filtering as one of the instruments of governance within the framework of governmental rulings (*ahkam hokoomati*), the fundamental and often overlooked question arises: what are the permissible scope and examples of exercising this sovereign right? This study, adopting an analytical-descriptive method and grounded in Imami jurisprudence, seeks to move beyond the general proof of legitimacy and instead determine the criteria and precisely outline the specific categories of content subject to filtering based on Islamic legal principles. To achieve this, principles such as Nafy al-Sabil (denial of dominance by non-believers), prohibition of preserving misleading writings, public interest, no harm principle (la darar), and the principle of prioritization between more and less important matters (aham wa mohem) are analyzed not merely as proofs of legitimacy but as measuring frameworks for identifying prohibited content. Findings indicate that each principle covers a defined spectrum of content—from national and military security threats (Nafy al-Sabil) to systematic promotion of atheism and moral corruption (misleading writings)—and, conversely, delineates boundaries of exclusion (such as non-destructive criticism or neutral scientific information). In contrast, the principle of prohibition against violating privacy, itself firmly rooted in strong religious evidences, emerges as the most significant limitation on the exercise of filtering authority.Ultimately, the study presents a hierarchical and multi-criteria model that, by integrating jurisprudential principles with the right to privacy, identifies cases where filtering is absolutely necessary, where alternative minimal interventions (such as age rating or content labeling) suffice, and where governmental interference is not permitted at all. This model underscores the necessity of enacting clear, objective, and supervisable legislation as the only practical path toward achieving this jurisprudential–legal balance. https://cjls.hmu.ac.ir/article_735249.html Today, the spread of artificial intelligence, as an emerging phenomenon, has affected various areas of human life. One of the important areas of influence of this technology is the food industry and food security. The introduction of AI-based technologies into the food supply chain and production process has raised new questions in the areas of jurisprudential legitimacy, legal requirements, and cultural implications. The main question of this research is what consequences AI interventions in the food production, processing, packaging, and distribution process have on food security and what rulings has Islamic jurisprudence determined for those responsible for these developments? Next, the socio-cultural effects of these technologies on public trust, consumption patterns, the meaning and identity of food, and its relationship to religious and customary traditions are evaluated. Accordingly, this article, using a descriptive-analytical approach, examines the jurisprudential dimensions of the use of artificial intelligence in the food industry cycle. The results of the research show that in Islamic jurisprudence, the use of modern technologies in the field of food, if carried out in compliance with the principles of hygiene, health, and religious standards, is not only not prohibited, but can also lead to improving the quality, quantity, and access to food. Of course, issues such as performance guarantees and civil liability arising from the appearance of defects in products manufactured or distributed by artificial intelligence tools are also raised, and this article attempts to find an appropriate answer and solution for them. This research attempts to provide answers to emerging questions in the fields of jurisprudence and technology, while also providing appropriate and suitable solutions to food industry activists, including producers, distributors, and consumers. https://cjls.hmu.ac.ir/article_735250.html Local mosques play an important role in the identity of neighborhoods. These mosques actually define the functional, social, and cultural center of neighborhoods. So that these mosques are used during the week for holding prayer ceremonies and on special days for needs and functions such as I’tikaf, funeral ceremonies, helping the needy, holding mourning ceremonies, and reviving the Nights of Power. The architecture of local mosques in Tehran has various designs, some of which have an architectural identity and some of which have weaknesses and problems in this regard. The aim of this article is to present a design pattern of local mosques for the city of Tehran using the architecture of Sajjad and Lorzadeh Mosques. This article is of a qualitative and interdisciplinary type that has been conducted with analytical and field research methods. The analytical research method is in the form of text content analysis and the field method is in the form of extracting the architectural pattern of Sajjad and Lorzadeh Mosque and extracting the architectural and functional plan of the mosque. The architecture of Sajjad and Lorzadeh Mosque has micro-spaces that are hierarchically arranged in accordance with the location of the land and neighboring uses: This mosque has two separate entrances for men and women, with men entering and exiting from the entrance on Jomhouri Street and women entering and exiting from the entrance on the Fakhrazi side street. The entrance to the mosque is done through a hierarchical spatial system in the following order: 1- Entrance 2- Entrance threshold and corridor 3- Covered and multipurpose space of the mosque for men 4- Covered and multipurpose space of the mosque for women 5- Wall and door to the main space 6- The main space for holding daily prayers with decorations and a ceiling of muqarnas and bowls, part of which is reserved for women with a curtain 7- Prayer altar 8- Security and the office of donations and public donations of the mosque. 8- Side rooms 9- Bathroom in the basement (level 1-). 10- Second floor.