محمد جواهری تهرانی

محمد جواهری تهرانی

مطالب
ترتیب بر اساس: جدیدترینپربازدیدترین

فیلترهای جستجو: فیلتری انتخاب نشده است.
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۱.

The Ethical Components of Responsibility and Trustworthiness of Presidential Election Candidates in the Legal Systems of Iran and Iraq(مقاله علمی وزارت علوم)

کلیدواژه‌ها: ethics trustworthiness elections Accountability Presidential Candidates

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Introduction: In democratic systems, the moral characteristics of presidential candidates play a significant role in political legitimacy and public trust. Two fundamental ethical principles in this context are accountability and trustworthiness, which manifest through legal principles and statutory duties. Accountability refers to accepting the consequences of decisions and being answerable to the people and institutions, while trustworthiness implies safeguarding public interests and preventing the abuse of power. Therefore, the present study aims to examine the ethical components of accountability and trustworthiness among presidential election candidates within the legal frameworks of Iran and Iraq. Material and Methods: The present study is a review that examines responsibility and trustworthiness of presidential election candidates in the legal systems of Iran and Iraq. In order to achieve this goal, related articles and books were examined. Conclusion: From a legal standpoint, Article 115 of the Iranian Constitution stipulates that the president must be "a manager and prudent," which inherently requires accountability. Furthermore, Islamic ethical teachings place strong emphasis on rulers being responsible and answerable (such as the hadith: "Each of you is a shepherd, and each of you is responsible for his flock"), and in this regard, the Guardian Council oversees candidates' qualifications with attention to their sense of responsibility. In Iraq’s legal system, Article 68 of the Constitution requires the president to have a good reputation, competence, and loyalty to the country. Based on Islamic ethical teachings and tribal traditions in Iraq, accountability is also considered a value.
۲.

The Role of the Federal Supreme Court in Ensuring the Supremacy of Moral Custom and Islamic Law in Iraq(مقاله علمی وزارت علوم)

کلیدواژه‌ها: Federal Court of Iraq Moral custom Sharia Law constitution

تعداد بازدید : ۱۸۸ تعداد دانلود : ۱۷۱
Introduction: The Federal Supreme Court in Iraq plays an important role in ensuring the superiority of moral custom and Islamic Sharia through annulment lawsuits due to objections against the constitution. Because this lawsuit leads to the annulment of the text of the law whose constitution is challenged and all the authorities are obliged not to implement it. Material and Methods: This article is a descriptive review and the research method is historical, analytical, applied and inductive, which is based on the review of laws, books and legal articles published in ISC, Science direct, Elsevier and ProQuest databases between 2005 and 2023. The purpose of the research, which is to examine the role of the Federal Supreme Court in guaranteeing the superiority of moral customs and Islamic laws in Iraq, was investigated. Conclusion: The results of the research obtained by examining some of the judgments of the Federal Supreme Court in Iraq regarding municipal income from alcohol transactions and the issue of polygamy show that the Federal Supreme Court in Iraq plays an important role in guaranteeing the superiority of moral custom and Islamic Sharia through the annulment of objections against the constitution, because this lawsuit leads to the annulment of the text of the law whose constitution is challenged, and all the authorities accept In case the court issues a verdict that the law is illegal based on moral custom and Sharia law, it is obligatory to not implement this law contrary to the constitution and to take necessary measures to replace or amend it.

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