https://www.jhsrj.ir/ Human rights jurisprudential research en daily 1 Mon, 22 Dec 2025 00:00:00 +0330 Mon, 22 Dec 2025 00:00:00 +0330 https://www.jhsrj.ir/article_733113.html Background and Aim: Justice is one of the most fundamental concepts in Islamic jurisprudential thought, which has been continuously redefined in response to historical, social, and philosophical transformations. The aim of this study is to examine the historical evolution of the concept of justice from the early Islamic sources to its reflection in the contemporary discourse of global human rights.   Materials and Methods: This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.   Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.   Findings: the research finds that the notion of justice in Islamic thought has evolved from a divine equilibrium and cosmic order (qist) to a human-centered legal and social justice grounded in rationality.   Conclusion: The results indicate that this historical transformation has opened a constructive space for dialogue between Islamic jurisprudence and the global human rights system, strengthening the possibility of interpreting Islamic justice within the framework of universal human dignity. https://www.jhsrj.ir/article_732309.html Background and Aim: Women’s social participation, as a fundamental component of social justice and sustainable development, holds a significant position in both human rights and Islamic jurisprudence. This study aims to analyze women’s right to social participation from the perspectives of Islamic jurisprudence and the Convention on the Elimination of All Forms of Discrimination Against Women, in order to identify points of convergence and divergence between these two frameworks.   Materials and Methods: This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.   Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.   Findings: Examination of jurisprudential texts indicates that Islamic jurisprudence, based on Qur’anic verses and Hadiths, recognizes women’s right to social participation despite certain limitations. Analysis of CEDAW shows that the convention comprehensively guarantees women’s rights in political, economic, and social spheres.   Conclusion: A comparative analysis of Islamic jurisprudence and CEDAW suggests a potential for relative harmonization between the two frameworks, although certain cultural and religious limitations require contemporary interpretation and ijtihad. https://www.jhsrj.ir/article_731916.html Background and Aim: Despite significant advances in data technologies, special systems face challenges such as administrative corruption, evidence manipulation, violation of privacy, and overt discrimination. Challenges that hinder the full realization of criminal justice. This research aims to identify and limit the use of blockchain technology in addressing this problem, from the perspective of Islamic jurisprudence and human rights.   Materials and Methods: This research was conducted with a descriptive-analytical approach and was compiled from library sources.   Ethical Considerations: In writing the article, the originality of the texts, honesty, and trustworthiness were observed.   Findings: The findings show that commonalities such as emphasis on fair trial, preservation of human dignity, and prohibition of inhuman punishments provide a common platform for utilizing blockchain; while differences in concepts such as the right to be forgotten and limits on information disclosure necessitate the design of data architecture with access level control. Based on the analysis of priorities, recording and protecting digital evidence, secure authentication, and enforcement of sentences through smart contracts (with due regard to Sharia considerations) are the most efficient and least conflicting. In contrast, creating public criminal record databases requires strict restrictions and monitoring mechanisms.   Result: the use of private or hybrid blockchain networks, off-chain storage for sensitive data, the development of complementary laws in the field of electronic evidence and data protection, and the active participation of jurisprudential authorities and human rights institutions in the design and implementation process. Accordingly, the transition to blockchain-based criminal justice must be gradual, localized, and at the same time based on technical, legal, jurisprudential, and cultural considerations in order to both promote transparency and efficiency and prevent violations of individuals' fundamental rights. https://www.jhsrj.ir/article_731917.html Background and Aim: Justice is one of the most fundamental concepts in Islamic jurisprudential thought, which has been continuously redefined in response to historical, social, and philosophical transformations. The aim of this study is to examine the historical evolution of the concept of justice from the early Islamic sources to its reflection in the contemporary discourse of global human rights.   Materials and Methods: This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.   Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.   Findings: the research finds that the notion of justice in Islamic thought has evolved from a divine equilibrium and cosmic order (qist) to a human-centered legal and social justice grounded in rationality.   Conclusion: The results indicate that this historical transformation has opened a constructive space for dialogue between Islamic jurisprudence and the global human rights system, strengthening the possibility of interpreting Islamic justice within the framework of universal human dignity. https://www.jhsrj.ir/article_731918.html Background and Aim: Stigma and labeling are important topics in criminology that have led to many issues and concerns in a chain. It is a topic that has been marginalized and has received little attention, but contrary to this mistaken view, it is of great importance. Our goal is to express some very important issues in this field, especially in the field of stigma and addiction, in order to examine the view of the ruling system and its negative impact on this issue.   Materials and Methods: This research is of a theoretical nature; the research method is descriptive-analytical, and the method of collecting information is library-based and by referring to documents, books, and articles.   Ethical Considerations: In all stages of writing this research, honesty and trustworthiness have been observed, while respecting the originality of the texts.   Findings: Decriminalizing the drug issue and paying attention to its roots instead of criminal treatment, and that the issue of stigma and labeling is more of a political issue.   Conclusion: Paying attention to real crimes such as violations of the ruling system in matters of health, employment, social security, income, education, etc. https://www.jhsrj.ir/article_732083.html Background and Aim: Legitimacy of purpose in Iranian law and Islamic jurisprudence plays a decisive role in the creation of valid or invalid contracts. The aim of this article is to analyze the legitimacy of purpose in private contracts based on the criteria of Islamic jurisprudence, legal principles, and human rights. Materials and Methods:This study uses an analytical-descriptive method to examine the jurisprudential and legal rules related to the purpose in private contracts. Ethical Considerations:The process of writing this article has been conducted with due regard for ethical principles in citation and reference to sources. Findings:Any cooperation in actions that lead to corruption, violation of rights, or preparation for unlawful actions causes the contract to fall outside the scope of legitimacy. From a human rights perspective, the legitimacy of purpose is directly linked to principles of human dignity, justice, non-discrimination, and the prohibition of using individuals as mere tools. Conclusion: The legitimacy of purpose in private contracts is essential for ensuring the health of economic and social relations. A expansive interpretation of Article 217 of the Civil Code, which declares a contract void even when the illegitimate motive is known, aligns more closely with ethical principles and human rights. This approach can help prevent the abuse of contractual freedom. Ultimately, the application of legitimate purpose in transactions, from both a jurisprudential and legal perspective, can strengthen justice, maintain public order, and enhance the integrity of economic transactions in society. https://www.jhsrj.ir/article_734614.html Background and Aim: The present study aims to conduct a comparative analysis of decent work and its consequences on human rights and sustainable development in the two countries of Iran and Afghanistan. In recent decades, decent work, as one of the main axes of the policies of the International Labor Organization and also the eighth goal of sustainable development, emphasizes the creation of productive, fair, and secure employment, along with the guarantee of fundamental labor freedoms.Materials and Methods: This research is conducted using a descriptive-analytical method and is based on documents and library resources, and data extracted from international reports and official statistics of the two countries.Ethical Considerations: In this article, the originality of the texts, honesty, and trustworthiness have been observed.Findings: In addition to playing a role in economic growth, they are directly linked to concepts such as social justice, equal opportunity, elimination of discrimination, human dignity, and labor welfare, and are important from a human rights perspective. On the other hand, sustainable development is an interdisciplinary framework for simultaneously achieving economic growth, social justice, and environmental protection.Conclusion: The research conclusion indicates that strengthening labor institutions, supporting fundamental labor freedoms, developing skills training, increasing women's participation, and promoting job security are essential prerequisites for simultaneously achieving decent work, promoting human rights, and sustainable development in both countries; with the difference that Iran should focus on improving the quality and sustainability of employment, and Afghanistan on institutionalizing and formalizing the labor market. https://www.jhsrj.ir/article_733138.html Background and Aims:This article examines the jurisprudential and legal dimensions of the prohibition on acquiring knowledge of and developing weapons of mass destruction (WMDs) in the Islamic Republic of Iran. It seeks to analyze the foundations of this prohibition within the interaction between Ja‘fari jurisprudence and international human rights law, as well as to assess its conformity with global legal standards. Materials and Methods:This study adopts a descriptive-analytical approach and draws upon authoritative jurisprudential sources (including juristic reasoning, narrations, and principles of jurisprudence), key international instruments (such as the Treaty on the Non-Proliferation of Nuclear Weapons and the Geneva Conventions), and the views of Ja‘fari scholars. Ethical Considerations: The ethical framework of the research is grounded in Islamic principles, including the rule of lā ḍarar wa lā ḍirār (prohibition of harm), the prohibition of ‘awn ‘alā al-ithm (assistance in sin), and the protection of human dignity, civilian lives, and the environment. Findings: The findings indicate that Ja‘fari jurisprudential perspectives range from the absolute prohibition of acquiring and producing WMDs to conditional permissibility for defensive and deterrent purposes. Nevertheless, the fatwas of leading religious authorities and the official position of the Islamic Republic of Iran emphasize the prohibition of producing and using such weapons, in accordance with international obligations such as the NPT. Conclusion:The study concludes that Iran’s jurisprudential and legal opposition to WMDs reflects a convergence between Ja‘fari jurisprudence and international law, underscoring a commitment to humanitarian principles, environmental protection, and the promotion of international peace and security. https://www.jhsrj.ir/article_733139.html Background and Objective: Like some other countries, the Iranian legal system has foreseen the death penalty for some drug crimes, and in this regard, the necessity of eliminating the death penalty from the Iranian legal system is in line with international and human rights obligations. Materials and Methods: This research uses a field and comparative method to examine the external variables affecting the death penalty system for drug crimes. In this regard, content analysis of documents and evidence, including court cases of those sentenced to death and interviews with judges and lawyers specializing in this field, has been used. Findings: It is generally believed that judges are completely subject to the law when issuing sentences and are not influenced in any way by factors beyond the text of the law, such as the defendants' criminal record and social status, the influence of the media, etc., but some empirical studies indicate that in some cases, judges are influenced by these extra-legal variables in determining punishment. Conclusion: Extra-legal variables may be effective in the sentences issued by judges. Therefore, the present study seeks to answer the question of what effect specific extra-legal characteristics, such as the defendant's criminal record, the role of the media, or the investigating judge himself, have on the criminal process of drug crimes punishable by death in Iran and what is the degree of influence of judges in dealing with these variables. https://www.jhsrj.ir/article_733419.html Background and Objective: The COVID-19 pandemic showed that global health crises cannot be managed by national measures alone and require cross-border cooperation and adherence to the principles of the right to solidarity. The aim of this study is to examine the impact of the principles of the right to solidarity on the commitment and cooperation of states, the role of non-governmental organizations, and collective participation in combating global health threats, including COVID-19. Materials and Methods: In this study, the analytical-descriptive method and library tools were used. Data were extracted and analyzed from scientific sources, international documents, UN resolutions, and studies related to COVID-19. Findings: The principles of the right to solidarity require states to provide health resources and services in a coordinated manner without discrimination and with transparency. Non-governmental organizations played a complementary role to states by providing education, supporting vulnerable groups, and distributing resources. Equal access to vaccines, international cooperation, and civil society participation were key components of success in managing global health crises. Failure to comply with these principles has widespread human and economic consequences. Ethical considerations: The process of writing this article was carried out with consideration of ethical principles in referencing and citing sources. Conclusion: Implementation of the principles of solidarity rights, international cooperation, and active participation of non-governmental organizations are the main foundations of success in dealing with global health crises. https://www.jhsrj.ir/article_733420.html Background and Aim: Punishment is a very old concept that implies suffering. However, due to the influence of human rights and positivist thought, this concept has undergone a significant shift in meaning. The objective of this research is to understand the evolution of punishments in French criminal law under the influence of human rights and positivist thought. Findings: Based on the influence of ideas on human rights and related schools of thought regarding punishment, we can distinguish three periods: first, the medieval period, during which emotional and starvation punishments, which contradict human rights principles, were applicable. The second period concerns the ratification of the 1971 Penal Code and the 1810 Penal Code: during this period, emotional and starvation punishments were considered in accordance with human rights principles. The third period concerns the ratification of the 1992 Penal Code, which provides for punishments that are neither emotional nor starvation-based. Ethical Considerations: In writing the article, the originality of the texts, honesty, and trustworthiness were observed. Conclusion: The evolution of French criminal law shows that over time, punishment has completely lost its emotional and punitive characteristics under the influence of ideas on human rights and the positivist school. https://www.jhsrj.ir/article_733421.html Background and Objective: Child and adolescent education, as one of the fundamental domains shaping human personality, has always been a focal point in both Islamic jurisprudence and international human rights instruments. Among these, the role of governance in policymaking and guiding the educational process holds a special position. However, the ways to define jurisprudential indicators of governance in child and adolescent education and their relationship with international human rights standards require systematic and detailed examination. This study aims to extract the jurisprudential indicators of governance in the field of child and adolescent education and to conduct a comparative analysis with international human rights instruments. Materials and Methods: This research is theoretical in nature and employs a descriptive-analytical method. Data collection was carried out through library-based research. Findings: The findings indicate that Islamic jurisprudence, emphasizing principles such as support, educational guidance, educational justice, strengthening religious identity, and attention to the gradual development of the child, assigns an active role to governance, which in many cases aligns with the principles of international human rights. Ethical Considerations: Throughout the preparation of this study, the authenticity of sources, honesty, and academic integrity were strictly observed. Conclusion: The results suggest that, by utilizing the capacities of ijtihad (jurisprudential reasoning) and localized interpretation of human rights, interaction and synergy between Islamic jurisprudence and international standards in the field of child and adolescent education are feasible. https://www.jhsrj.ir/article_734517.html Background and Objectives: Information disclosure in criminal proceedings presents a complex challenge at the intersection of domestic law and international obligations. This research aimed to analyze the jurisprudential and legal foundations of this phenomenon and assess the alignment of Iran's criminal policy with its human rights obligations concerning the right to privacy and a fair trial. Materials and Methods: This research was conducted using a descriptive-analytical method and library resources. The primary focus was on analyzing jurisprudential texts, statutes, and upstream documents such as the Judicial Transformation Document 2024. Ethical Considerations: Throughout all stages of the research, the principles of trustworthiness in citation and the authenticity of texts were strictly observed. Findings: The findings indicate that in Imami jurisprudence, the principles of inherent dignity, sanctity of reputation, and the necessity of secrecy deem the disclosure of secrets religiously forbidden and subject to liability. From a legal perspective, upstream documents like the Judicial Transformation Document indicate a shift towards a "Smart Protection" approach. However, legal gaps remain evident in criminalizing disclosure by citizen-journalists and addressing unintentional leaks. Conclusion: Achieving the full standards enshrined in international human rights instruments to which Iran is committed requires strategic reforms. Firstly, existing legislative gaps, particularly concerning information disclosure by "unofficial third parties" in cyberspace and criminal liability arising from the "negligence" of officials, pose a threat to the practical realization of the right to privacy and a fair trial. https://www.jhsrj.ir/article_734518.html Background and Objective: In international law, the creation of legal rules is primarily within the competence of states, while treaty bodies generally perform supervisory functions. The Human Rights Committee, as the body responsible for monitoring the implementation of the International Covenant on Civil and Political Rights, appears to possess limited authority. Nevertheless, the capacities inherent in the Covenant and the international legal system enable this body to play a role beyond mere supervision. The objective of this study is to examine the role of the Human Rights Committee in the extra-covenantal development of international law. Materials and Methods: This research is theoretical in nature and adopts a descriptive–analytical approach. Data were collected through library-based research, drawing on relevant documents, books, and scholarly articles. Findings: The findings indicate that the Human Rights Committee, through its interpretative practices and supervisory activities, has interpreted the scope of states parties’ obligations beyond the explicit provisions of the Covenant and has contributed to the enhancement of human rights standards. Ethical Considerations: Throughout all stages of this research, principles of academic integrity, honesty, and fidelity to original sources have been fully observed. Conclusion: The study concludes that, despite its limited formal mandate, the Human Rights Committee plays both a direct and indirect role in the extra-covenantal development of international law by contributing to the formation of soft law and by guiding the future conduct of states. https://www.jhsrj.ir/article_734519.html Background and Objective: With the expansion of international electronic commerce, the principle of consent as the foundation of contract validity faces new challenges. This study aims to analyze the concept of consent in international electronic contracts and examine the mechanisms for its realization in digital environments, as well as the factors affecting the accuracy and legitimacy of consent. Materials and Methods: This research is theoretical in nature. The methodology is descriptive-analytical, and data were collected through a library-based approach, including a review of books, articles, and official documents. Findings: The study revealed that specific features of electronic contracts, including non-presentiality, high speed of execution, use of automated systems, and the multinational presence of parties, influence how consent is expressed and realized. Electronic offer and acceptance, click actions, data messages, and digital signatures play a key role. However, factors such as disruption of will, digital fraud, economic coercion, and imbalance of power can lead to the emergence of apparent consent rather than genuine consent. Ethical Considerations: Throughout the research, originality, honesty, and integrity of the texts were maintained. Conclusion: Ensuring genuine consent requires clarity of contractual terms, obligation of informed consent, consumer protection, and standardization of international electronic contracts. Technology, through tools such as identity verification and transaction recording and tracking systems, can strengthen the realization of genuine consent and ensure the legitimacy of digital contracts. https://www.jhsrj.ir/article_735467.html Abstract Background and Objective: In recent years, blocking cyberspace has become one of the fundamental challenges of public and human rights; on the one hand, cyberspace is considered the main platform for individual communication, education, economic activities, and social participation, and on the other hand, the spread of security threats, harmful content, and cultural and social harms has led governments to adopt restrictive policies. Materials and Methods: The present study is descriptive-analytical and based on library studies. Ethical considerations: In the present study, the principles of trustworthiness, honesty, impartiality, and originality of the work have been observed. Findings: If the blocking of cyberspace is carried out in accordance with the law, in order to ensure public interests and national security, the principle is that the state will not be held liable, even if this action subsequently causes harm to some users. Conclusion: Since there is no specific legal text in this field, custom and common sense play a decisive role as a criterion for determining the legitimacy of government actions. Finally, although compensation for all public losses resulting from legal government actions is not mandatory, from the perspective of justice and human rights considerations, compensation for part of these losses from public resources can be considered as a protective policy. https://www.jhsrj.ir/article_735522.html Background and Objective: This article, with an emphasis on human rights standards, examines the obstacles to the effective enforcement of civil judgments and analyzes the essential pillars of this principle (speed, restitution, and facilitation). The primary objective is to elucidate the requirements of the judicial system to ensure the claimant's swift and full access to their rights as an integral part of the right to a fair and effective trial. Materials and Methods: The present study adopts a descriptive-analytical approach using a library-based methodology. Ethical Considerations: This research was conducted in adherence to the principles of academic ethics and research integrity. All sources and citations were used with full fidelity and accurately referenced. Findings: The findings indicate that effective enforcement of civil judgments relies on three fundamental pillars: speed, restitution (fully restoring the claimant to the status quo ante), and facilitation (minimizing procedural complexities). However, factors such as excessive formalities, potential abuse by the judgment debtor, and shortcomings or misconduct of enforcement officers and related institutions have been identified as major obstacles. Conclusion: Realizing the principle of effective enforcement of judgments—which constitutes a subset of fair trial rights and the right to effective remedies—requires revising certain regulations, strengthening enforcement guarantees, and professionally managing the enforcement process. Aligning domestic practices with human rights standards not only safeguards litigants' rights but also enhances the efficiency and public confidence in the judicial system.