https://lcs.ilam.ac.ir/ Comparative Studies on Islamic Countries Law en daily 1 Wed, 31 Dec 2025 00:00:00 +0330 Wed, 31 Dec 2025 00:00:00 +0330 https://lcs.ilam.ac.ir/article_728562.html There is a difference of opinion about the concept of the mental agent of the crime in Iranian law. Some have limited it to cases where the mental agent of the crime commits it by inciting another responsible person. In this concept, although inciting a person to commit a crime is the same as being an accessory to a crime, but due to the dangerousness of such an inciter and the deserving of a greater punishment than an accessory to the crime, the legislator has considered her punishment to be the same as the punishment of the main perpetrator. Some others, like most Arab jurists, including Lebanese jurists, consider the mental agent of the crime to be the "cause stronger than the perpetrator" and some consider it to include both of the previous cases. The question of this research is, firstly, which one of these theories is correct, and secondly, which one is suitable for Iran's criminal justice system? In this research, which was done with descriptive, analytical and comparative method, this hypothesis has been strengthened that "mental agent of crime" is a concept taken from customary law and it should not be confused with the independent jurisprudential system of "cause stronger than the perpetrator". Therefore, the nature of the mental agent of the crime is the commission of the crime by inciting the responsible persons to commit it, the punishment of which is determined outside the rules of accessory to the crime due to the special text. https://lcs.ilam.ac.ir/article_728390.html The rights of citizens are a fundamental part of democracy. The rights of internal citizens refer to the fundamental rights and freedoms granted to individuals by the state and protected by law. In addition, the rights of internal citizens are a broad and significant set of rights designed to protect individuals from unfair treatment. The term "citizen" as a citizen had no precedent in Iranian laws and legal literature until about the last two decades; however, in the last two decades, the term has become the keyword of some different legal regulations and has been used extensively in official speeches and announcements, media, and publications. Therefore, in order to legally protect internal citizens, in addition to the Constitution of the Islamic Republic of Iran, other legal regulations have been enacted by the legislator, all of which indicate the importance of the rights of internal citizens in the structure of the governance system. Therefore, the Iranian legislator, by emphasizing the legal protection of the rights of internal citizens, attempted to create legal capacities in the country's legal structure. Of course, in the meantime, international documents supported by the legislator strengthened the legal structure to provide comprehensive protection for domestic citizens. https://lcs.ilam.ac.ir/article_728611.html Article 21 of the Law on Enforcement of Financial Convictions represents the legislator’s latest intent regarding asset transfers made with the purpose of evading debt. This provision outlines the constituent elements necessary for the realization of this legal institution. However, due to its broad language and ambiguity concerning the timing and proof of the underlying debt, Supreme Court Unification Ruling No. 774 introduces a new element to these conditions—effectively undermining the original purpose of the article, which was to establish a legal safeguard against such evasive transfers. Specifically, the ruling stipulates that the realization of this institution is contingent upon the prior issuance of a final judgment confirming the debt in question.The addition of this requirement by the Supreme Court has sparked both support and opposition. This article aims to critically examine Article 21, the aforementioned unification ruling, and the surrounding opinions, in order to offer a realistic and balanced perspective. It proposes a solution that both addresses the adverse consequences resulting from the ruling and preserves its legal authority. This is achieved by distinguishing between the civil and criminal dimensions of the institution: the existence of a prior final judgment is deemed necessary only for criminal prosecution and punishment, whereas in the civil context—specifically regarding the legal remedy of reclaiming the transferred property from the transferee—it is argued that judicial action may be pursued even in the absence of such a judgment. Furthermore, a comparative study of this institution in other Islamic jurisdictions, such as Egypt and Iraq, reveals that the existence of a previously proven debt is not considered a prerequisite for establishing a transaction made with the intent to evade debt https://lcs.ilam.ac.ir/article_728882.html This article examines the process of secularization in the criminal legislation of some Islamic countries and analyzes its effects on the legal and social systems. In Islamic societies, criminal laws are rooted in the teachings of Sharia, but in some countries, these laws have gradually given way to customary and secular regulations. These changes have occurred under the influence of factors such as linking the progress of society with secularization, globalization, colonialism, and limiting criminal law to the principle of harm. This article, while analyzing the reasons for this process, also points out its consequences. Among them, the reduction in the role of religious institutions in legislation, increasing conflict between religious laws and beliefs, and reducing the internal control of individuals are among the most important results of these developments. The results of the study indicate that although the secularization of criminal legislation in some countries has been carried out with the aim of modernization and keeping pace with global trends, this process has in practice created challenges for Islamic societies. Therefore, it is suggested that Islamic countries, while understanding the requirements of the time, formulate their criminal policies in a way that is in line with their religious and social values and prevents cultural and legal conflicts. https://lcs.ilam.ac.ir/article_731932.html With the rapid expansion of urban areas and the increasing complexity of city management, municipal authorities face significant challenges in securing both national and local financial entitlements and ensuring their equitable distribution. Among these challenges are the lack of sustainable financial resources and the mismatch between managerial responsibilities and the scope of fiscal authority, which has contributed to the continuous rise of urban expenditures. The present study focuses on the challenges encountered by developing countries, such as Indonesia, in managing urban areas and safeguarding local financial rights through legal mechanisms.This research employs a descriptiveanalytical approach, with a limited case-based comparative framework, to examine the strategies adopted by Indonesia in addressing the challenges of urban governance and the legal collection of local financial resources. The study explores how these strategies contribute to enhanced economic efficiency, financial stability, equitable allocation of resources, and the promotion of effective governance at the local level.Indonesia was selected as a case study due to its diverse and extensive geography, rich natural resources, majority-Muslim cultural context, and experiences in maintaining territorial integrity and national unity, characteristics that present notable similarities to the conditions in Iran. The findings suggest that decentralization of bureaucratic and fiscal authority at the local level represents an effective strategy for reducing urban costs, increasing sustainable financial resources, and accelerating economic growth.The Indonesian experience demonstrates that implementing policies that strengthen local fiscal autonomy and administrative decentralization not only enhances economic efficiency but also facilitates the realization of financial equity and reinforces local governance. Therefore, studying Indonesia’s approach provides valuable insights and potentially transferable lessons for countries like Iran, which face analogous challenges in urban management and the collection of local financial resources. https://lcs.ilam.ac.ir/article_731410.html In evaluating the quality of inter-branch relations within different political systems, various factors—depending on the nature of the system—play a significant role. These factors aim not only to enhance the effectiveness of governance but also to preserve the independence of the branches while ensuring a balanced distribution of power. Among the most important of these mechanisms is parliamentary oversight, which enables the legislature to exercise authority and exert influence over the executive branch. This article, employing a descriptive method and an analytical approach based on reliable library-based data and constitutional documents, examines how parliamentary oversight of the executive is applied within the constitutional frameworks of the Islamic Republic of Iran and the Arab Republic of Egypt. Despite numerous similarities between these two systems, the present study focuses specifically on the constitutions of each country as the highest sources of constitutional authority. The central research question is: What tools and forms does parliamentary oversight of the government take in Iran and Egypt, and what are the points of convergence and divergence between the two systems? The selection of these two countries is particularly significant, as both operate under semi-presidential, semi-parliamentary systems, have undergone revolutions and profound political transformations, and are Islamic states with ancient civilizations and strategic positions in the Middle East. At the same time, due to their unique cultural, historical, and legal characteristics, each country has developed a distinct model of parliamentary oversight. While both systems utilize similar mechanisms for financial, political, and non-judicial forms of oversight, notable and substantive differences can nonetheless be identified between them. https://lcs.ilam.ac.ir/article_728927.html Rapid developments in the field of artificial intelligence have created numerous challenges for legal systems, especially in the field of intellectual property. While traditional intellectual property laws emphasize human creativity, the emergence of artificial intelligence systems that are capable of producing creative works and independent innovations has challenged the concept of the creator of the work and the material and moral rights. This research aims to conduct a comparative analysis of the legal frameworks of Iran, Saudi Arabia, Iraq, and Malaysia in the field of intellectual property of works produced by artificial intelligence and attempts to identify the strengths and weaknesses of these legal systems. The present research was conducted using a comparative analysis method and used documentary and library studies to examine the laws related to intellectual property in four selected countries. The jurisprudential and legal foundations of each country, the existing legal frameworks, and their interaction with international treaties were analyzed, and then the results were presented in the form of a comparative comparison. The findings of the research show that the countries under study have different approaches in dealing with works produced by artificial intelligence. Malaysia, due to its combination of English legal system and Shafi’i jurisprudence, is the leading country in developing modern frameworks to support digital innovation. In contrast, Iran, Iraq, and Saudi Arabia still face a lack of specific laws and legal ambiguity in this area. https://lcs.ilam.ac.ir/article_729313.html Independence constitutes one of the most critical components for the effective functioning of the media and for achieving its intended objectives. In the absence of media independence, fundamental concepts such as democracy, transparency, and accountability are significantly undermined. Accordingly, both international human rights instruments and the constitutional and legal frameworks of states have emphasized the importance of protecting media institutions from undue governmental control, adopting various models to this end.Globally, media independence has manifested in diverse forms, reflecting the distinct legal, cultural, and political contexts of each country. Even among states with similar institutional frameworks, a uniform model of media independence cannot be identified. Nevertheless, scholars have introduced specific indicators that enable the assessment of media independence, allowing for a comparative evaluation across different national contexts.In light of these considerations, a central question emerges: to what extent, and through what mechanisms, do the governments of Iran and Egypt intervene in the media? To address this question, this study employs an analytical-comparative methodology, drawing upon the legal and political texts of Iran and Egypt to examine the components and degree of media independence in both countries.From a legal perspective, media independence in Egypt appears to be more formally guaranteed than in Iran, particularly regarding key components such as freedom from administrative hierarchies, the independence of regulatory authorities, licensing requirements, and sources of media financing. However, in practice, governmental interventions in both countries have constrained the realization of such independence. These interventions manifest through direct and indirect pressures that limit the operational and editorial autonomy of media organizations.This article therefore provides a comprehensive analysis of media independence and its dimensions, with particular emphasis on Iran and Egypt. It elucidates the rationale for media independence, identifies its core components, and evaluates the degree to which each country fulfills these criteria, highlighting both formal legal protections and practical limitations. https://lcs.ilam.ac.ir/article_729853.html نظر به اینکه مهریه و ضمانت اجرای آن، از مسائل مهم حقوق خانواده است و ازسوی دیگر مطالعه تطبیقی و مقایسه حقوق کشورها می‌تواند در بسیاری از مسائل مطروحه در دادگاه‌های خانواده منشا ایجاد قوانین و راهکارهای اجرایی موثر مبتنی بر فقه اسلامی باشد که از مزایای آن کشف نقاط قوت و ضعف قوانین و در نتیجه تقویت وحدت تقنینی در کشورهای اسلامی است؛ لذا در این نوشتار با استعانت از روش توصیفی-تحلیلی و با نگاهی تطبیقی، به بررسی چگونگی مسئولیت هر یک از زوجین در صورت تلف یا بروز عیب در مهریه معینه، در میان کشورهای ایران و مصر پرداخته شده است. یافته‌ها حاکی از وجود اشتراکات و اختلافات متعددی در مسائلی از جمله ضمان تلف مهر پیش از قبض زوجه؛ ضمان معیوب شدن مهریه پس از عقد و قبل از تسلیم؛ ضمان نمائات متصل و منفصل مهریه معینه و مسئولیت ناشی از آن (پرداخت ارش، مطالبه خسارت ، تعلق حق خیار، پرداخت مثل یا قیمت) در هر یک از فروض مختلف است. از نتایج پژوهش اینکه در موارد قابل توجهی در خصوص مهریه عین معینه، نظریه تقریب میان مذاهب امامیه و حنفی مورد تایید است. https://lcs.ilam.ac.ir/article_729854.html Personal status, as one of the most important branches of private law, is deeply influenced by Islamic Sharia and social developments in Islamic countries. Research on the approach to the development of personal status in Islamic countries not only helps to better understand the historical and legal processes of this development, but can also provide solutions for reconciling tradition and new issues. As is necessary to ensure social justice and respond to the needs of Islamic societies. The main issue under study is what the approaches governing the development of personal status in Islamic countries have been and by what mechanism? It seems that the approaches governing the development of personal status systems in most Islamic countries are in line with global convergence and are influenced by international laws and documents. Therefore, the present study, using a descriptive-analytical method and with the aim of examining the approaches to change in the personal status system of Islamic countries, shows that personal status in Islamic countries is affected by international laws and documents in light of human rights developments, and as a result of the developments that have taken place, parts of their civil laws are modeled after Western examples; however, despite this influence, a tendency to return to the original Islamic thought and the rule of its legal laws is seen in some of the aforementioned countries. https://lcs.ilam.ac.ir/article_729896.html The rules of criminal procedure, to the same extent that they are used to punish the guilty, also prevent the punishment of the innocent. Therefore, criminal procedure is based on fundamental principles that guarantee the rights of the accused and safeguard public trust in the criminal justice system. Violation of these principles, especially by judicial officers, not only weakens individual rights but also affects the efficiency of the judicial process. The present study aims to analyze the sanctions for violating the principles of criminal procedure in the legal systems of Iran and Egypt, using a comparative method and drawing on library resources, domestic laws (including the constitution, Islamic Penal Code, and Code of Criminal Procedure of both countries), judicial rulings, and international documents. Findings show that in Iran, the sanction of invalidating evidence is provided for in a limited way, mainly regarding confessions resulting from torture or illegal actions by officers, while in Egypt, Article 302 of the Code of Criminal Procedure and the rulings of the country's Supreme Court invalidate any confession resulting from coercion. Despite this, weaknesses in the supervision of officers and the dispersion of regulations have reduced the effectiveness of sanctions in both countries. The research concludes by emphasizing the necessity of formulating a general rule of invalidation, integrating laws, specialized training for officers, and strengthening independent supervisory bodies https://lcs.ilam.ac.ir/article_729917.html using a comparative-analytical approach, examines the institutional position and structural challenges of the right to appeal in two important administrative justice institutions, the Iranian Administrative Court of Justice and the Turkish Council of State. The main issue of the research is to what extent these institutions have been able to effectively guarantee the right to appeal in practice and what institutional and functional obstacles exist on the path to the full realization of this right. In fact, analyzing the quality of the performance of these institutions in different legal and structural conditions can help identify existing gaps and weaknesses and provide appropriate solutions for improving the administrative justice system. The main goal of the research is to assess the extent to which this right is realized through the structures and performance of these two institutions and to identify existing obstacles. The research data were collected by analyzing laws, judicial decisions, and institutional structures and were examined using a descriptive-analytical method. The main focus is, and level of functional independence of these institutions. The results show that the Iranian Administrative Court of Justice faces problems such as centralization, weak specialization in the composition of judges, and institutional dependence, while the Turkish State Council, despite its structural independence and broad jurisdiction, faces procedural complexities, slow processing times, and political interference. The findings emphasize the need to reform structures, strengthen the independence of institutions, and establish preventive mechanisms, and can pave the way for a review of administrative justice systems with similar characteristics. https://lcs.ilam.ac.ir/article_730065.html Nationality as a legal, political, and spiritual phenomenon is not immutable and can be acquired in various ways. One way of acquiring nationality is through marriage of an individual with a citizen of another state, and states have taken different positions on this issue. The present article seeks to conduct a comparative study of the acquisition of nationality by marriage in international documents, the legal systems of the Iran and Türkiye. The present article, in examining the main question of how to acquire citizenship through marriage in international documents, the Iranian legal system, and the Turkish legal system through the application of the comparative method has found that, in international documents, system of independence has been accepted, which is particularly manifested in the "Convention on Certain Questions Relating to the Conflict of Nationality Laws"(1930), the "Convention on the Nationality of Married Women"(1957) and the "Convention on the Elimination of All Forms of Discrimination against Women"(1979). In Iranian law, two systems of unity and relative independence are accepted, but in the Turkish law, the system of independence prevails. According to international documents and Turkish law, in which the system of independence is accepted, the principle is that marriage does not have an automatic and consequential effect on nationality.Considering that equality is not necessarily the same as justice, the combined application of the two systems is considered more appropriate. Avoiding efforts to achieve formal equality and applying methods in an integrated manner can better lead to the realization of justice and family-centeredness. https://lcs.ilam.ac.ir/article_730066.html In recent decades, technological advancements and new work models have blurred the boundaries between professional and personal life through constant connectivity, jeopardizing fundamental principles such as the right to rest, privacy, and human dignity. In this context, the right to disconnect has emerged as both a novel and essential right. This article argues that the right to disconnect is not merely a workplace privilege but should be recognized as a fundamental right. Using a descriptive-analytical method and comparative studies, this research elucidates the profound connection between this right and human rights foundations, highlighting the detrimental consequences of its neglect—including occupational burnout, declining mental health, and exacerbated gender inequality. It further examines mechanisms for its recognition and enforcement. Comparative findings reveal that several countries have institutionalized this right through direct legislation or collective bargaining. In contrast, an analysis of Iranian labor laws, particularly the Labor Code, exposes significant regulatory shortcomings in addressing digital-age challenges. The study ultimately emphasizes that recognizing the right to disconnect as a fundamental right is imperative for balancing organizational productivity with human dignity. It concludes with concrete proposals to address the existing legal and promotional gaps. https://lcs.ilam.ac.ir/article_732087.html Oil contracts, as one of the most important legal instruments in the oil and gas industry, play a significant role in the economic development of resource-rich countries. depending on their legal system and economic policies. Given their long-term nature, oil and gas contracts often become a battleground for conflicting interests between international oil companies and host governments. This characteristic can render such contracts vulnerable to unforeseen political, economic, and legal changes between the time of signing and completion. Consequently contracting parties tend to employ mechanisms to maintain the economic balance established from the contract's initiation to its fulfillment. This paper conducts a comparative study of the principles and legal foundations governing oil contracts in Iran and Iraq. By examining general principles such as balanced interests, transparency, risk management, state sovereignty over natural resources, and international cooperation, the research analyzes the differences and similarities in the legal frameworks of the two countries while identifying the nature of such contracts. In Iran, oil contracts are regulated under laws such as the Petroleum Law of 1987 and the Constitution (Articles 44 and 45), In Iraq, the Oil Law of 2007 and the Constitution (Article 111) define the legal framework, with the dominant models being production sharing contracts and technical service agreements. The paper concludes by offering recommendations such as enhancing transparency, developing risk management mechanisms, and increasing contract flexibility. proposing solutions to improve the legal frameworks of both countries. https://lcs.ilam.ac.ir/article_732088.html This research examines the functioning of the judicial system during the Abbasid Caliphate of Al-Ma’mun and its role in maintaining social stability and order. The main issue of this study is to analyze how the judiciary addressed unrest, political and social crises, and its impact on consolidating political power during this period. The aim of this study is to evaluate the influence of the judicial system in preserving security, achieving social justice, and strengthening political legitimacy, with a focus on the performance of judges and the legal mechanisms employed. The research method is descriptive-analytical, utilizing library resources. The findings indicate that judges played a significant role in reducing instability and enhancing social security by issuing fair rulings, managing crises, controlling rebellions, participating in political negotiations, and undertaking diplomatic and military roles. The results suggest that the judicial system during Al-Ma’mun’s era not only executed justice and established political-social order but also had a crucial function in crime prevention, with judicial mechanisms serving as a deterrent in reducing crime occurrence and maintaining community security. This study emphasizes the importance of the multifaceted and central role of the judiciary in political-social stability and crime prevention during the examined period. https://lcs.ilam.ac.ir/article_732089.html The principle of amānah (trusteeship) in Islamic jurisprudence transcends personal morality, functioning instead as a foundational norm for legitimizing the state’s control over public assets. Understood as a divine mandate of fiduciary responsibility, this principle delineates the boundaries of state authority and offers a conceptual anchor for institutional transparency, accountability, and intergenerational justice. This study adopts a comparative-analytical approach to examine the application of this principle in two distinct Islamic legal systems: Iran’s National Development Fund, established under Article 45 of the Constitution with a wilāyat al-faqīh–based interpretation of trusteeship; and the United Arab Emirates’ Abu Dhabi Investment Authority (ADIA), a sovereign wealth fund operating within the framework of an accountable federal monarchy and a vision of strategic generational equity. Through a comparative analysis of legal structures, legitimacy doctrines, oversight institutions, and financial governance mechanisms, the article demonstrates that, while both systems claim a trust-based model for managing public wealth, their divergent theological and political foundations have produced two distinct models of state–citizen–future relations. The findings suggest that a renewed engagement with the Islamic notion of trusteeship can inform the reconfiguration of state financial institutions toward greater accountability, transparency, and legitimacy within Islamic public law. https://lcs.ilam.ac.ir/article_732090.html In Islamic jurisprudence, the principles of human dignity (karāmah), justice (‘adālah), freedom (ḥurriyyah), continuous ijtihād, cultural pluralism, the right to education, public interest (maṣlaḥah), blocking the means (sadd al-dharaʾi‘), and social ethics constitute the normative bedrock for guaranteeing equal cultural rights of linguistic and ethnic minorities. Employing a descriptive-analytical method and a library-documentary approach, this study systematically examined the 1945 Indonesian Constitution, Morocco’s 2011 constitutional reforms, relevant education bills, annual budget laws, constitutional-court rulings, and reports of international agencies (2011-2023). The findings demonstrate that these jurisprudential principles have already translated into: (a) constitutional recognition of Amazigh in Morocco and of more than 720 local languages in Indonesia; (b) targeted multilingual-education quotas; (c) girls’ scholarships in underserved regions; and (d) dedicated annual budgets for safeguarding intangible cultural heritage. Yet, significant implementation gaps persist: a 64 % budgetary shortfall per pupil in Papuan schools (Indonesia), a 32 % shortage of native-speaking teachers in Amazigh regions (Morocco), security restrictions on minority broadcasters, and lingering social pressures continue to widen the distance between rights enshrined in texts and rights realized on the ground. The study’s novelty lies in proposing a comparative model that interweaves maqāṣid-based legal reasoning with empirical policy analysis. It concludes that, far from obstructing cultural development, Islamic jurisprudence—when revisited through participatory ijtihād—offers an indigenous paradigm for reconciling plural identities within Muslim-majority societies by foregrounding tolerance, justice, and equity. https://lcs.ilam.ac.ir/article_733551.html The discussion of the efficient regulation of the competence of regulatory institutions in dealing with the smuggling of goods and currency in Iran and the countries under study is very important for the balance, prosperity, and development of the economic system.The aim of this study is to explain the competence and authority of supervisory institutions in combating the phenomenon of smuggling of goods and currency in line with the economic growth and development of the countries under study. The present study, using a descriptive-analytical method and a comparative approach, has shown that by examining the relevant laws and regulations, the jurisdiction and authority of the supervisory institutions in the field of goods and currency smuggling do not overlap as much as they should, and perhaps do not overlap with each other; because according to the provisions of the Law on Combating Goods and Currency Smuggling, all of these institutions have specific and related duties. Some of these institutions are responsible for detection, some for investigating related crimes, and some act as policy-making and planning authorities, such as headquarters and commissions in provincial centers. It seems that the competence and authority of these institutions, on the one hand, complement each other in a way that makes matters fluid, and on the other hand, their simultaneous supervision, due to the importance of the issue, leads to strict control to combat smuggling of goods and currency in order to protect the principle of the rule of law. https://lcs.ilam.ac.ir/article_734058.html The doctrine of fundamental change of contractual circumstances is one of the modern legal mechanisms designed to preserve contractual balance in the event of unforeseen incidents beyond the control of the parties. This study aims to conduct a comparative analysis of this doctrine in Iranian and Egyptian law, with reference to the 2016 amendments to the French Civil Code, and to examine the potential for its integration into the Iranian legal system. The research adopts a combined comparative approach, assessing the theoretical foundations, conditions for application, legal consequences, and the role of party autonomy in all three systems in parallel rather than in isolation. The findings indicate that, while Iranian law lacks an explicit statutory provision to address fundamental changes in circumstances, Islamic legal maxims such as lā ḍarar (no harm) and nafī al-ʿusr wa al-ḥaraj (elimination of undue hardship), along with the general principles of the Civil Code, provide a basis for recognising contractual adjustment mechanisms. In Egyptian law, Article 147 of the Civil Code—drawing on Islamic jurisprudence and inspired by the pre‑2016 French model—provides a . The 2016 reform of French law, through the adoption of Article 1195 and the requirement of renegotiation, marks a significant move towards alignment with international instruments and the theory of contractual justice. The study concludes that a hybrid model combining the procedural flexibility of the French approach with the legislative clarity of the Egyptian framework, underpinned by Iranian fiqh principles, could fill the current legislative gap and strengthen contractual justice in Iran.