درخت حوزه‌های تخصصی

The key problem addressed in the paper is that of the legal pluralism, more specifically the pluralism of legal systems within one state that pursues the accommodation of religious freedom claims. In its controversial Refah decisions the Strasbourg Court held that the prohibition of the Turkish Welfare Party was “necessary in a democratic society” because its plan to set up a plurality of legal systems was not “compatible with fundamental democratic principles”[1]. This paper tries to inquire into the notion of legal pluralism, tries to test normative assumptions made by the Court in its regard and argues that a “no plurality” approach would be overly simplistic and that a liberal approach would require different degrees of pluralization (some of which already exist to accommodate differences and diversity within a society) to be extended to religion, without however endangering constitutional democracy. <br />It is necessary to point out at least two major theoretical contexts in which this problem should be considered. One is undoubtedly the issue of ‘militant’ democracy: once we assume that constitutional democracy and legal pluralism are incompatible, we give a (part of) definition of democracy, which entitles us to reject any changes proposed to it while retaining the claim to be democratic. If we know what is democracy in a substantive sense, which values it is designed to protect (e.g. secularism or fundamental rights) we can legitimately reject any changes to that vision as a measure protective of such values[2]. <br />Another context that is relevant is the issue of universality and cultural relativism. It first appears when we attempt to define democracy as a substantive notion, which necessarily assumes a value judgement. It also becomes relevant if we mind that the rationale of legal pluralism is the necessity to recognize, respect and tolerate different views and visions of ‘happiness’. In its pure form the idea of relativism and legal pluralism is represented in the classical version of state-centered international law system, where states posses equal and unlimited internal sovereignty[3]. However even within the State any kind and instance of legal pluralism is about the respect and tolerance of the different normative values and views. Only straightforward consensus on all the rules and values as universal can justify total rejection of legal pluralism. <br />The paper will start by an attempt to clarify the understandings of legal pluralism in social sciences and law. The second part will try to construe a liberal argument in favor of advancing legal pluralism to a certain degree, basing on the individual right to freedom of religion and conscience. Instead of relying on the ‘collective rights’ argument, it rather believes that individual rights provide a sufficient basis for this claim, as far as religious life and consciousness are deemed an important part of individual personality and self-determination. The third part tries to balance the claims of legal pluralism by considering arguments against such a model of society. <br /><br clear="all" /> <br /> <br />[1] Case Of Refah Partisi (The Welfare Party) And Others v. Turkey, <em>(Applications nos. 41340/98, 41342/98, 41343/98 and 41344/98) </em>Judgment, 31 July 2001 [hereinafter <em>Refah (1)</em>] paras 70-71;<em>See also </em>Case of Refah Partisi (the Welfare Party) and Others v. Turkey <em>(Applications nos. 41340/98, 41342/98, 41343/98 and 41344/98), </em>judgment, 13 February 2003, [hereinafter <em>Refah(2)</em>] paras 98 and 119. <br /> <br /> <br />[2] See <em>infra</em>, text accompanying notes 35-39. <br /> <br /> <br />[3] See <em>infra</em>, note 8, text for the note 25 and page 14.

At a time of terrorist actions, the civil wars in Afghanistan and in Iraq as well as the caricatures of the Prophet and Pope XVI’s speech about violence in Islam, it is urgent for the Islamic academic community to speak about a major issue: the notions of peace and war in Islam.<br /> This paper will explore and analyze these notions, putting an emphasize on Islam as a religion of peace promoting human rights and humanitarian values; the author will of course approaches and presents the explanations as to why Islam is a religion of violence, only to dismiss these arguments. There are indeed authors presenting Islam as a religion of violence that carries deep inside the seeds of hatred, racism and many other values that are against human rights. These authors are usually Orientalists. This paper will explain who and why these theories are wrong. Then there are extremist groups presenting distorted interpretations of Islam as to justify massive killings (terrorism, WMD, suicide attacks); the author of the paper will take few examples as to explain how these movements rely on distorted and nihilist views of Islam.

Materials are the most noticeable components of every language-learning context. One of these materials is the specific textbooks being used by English language academies; they are crucial in directing EFL teachers and learners and guiding them through the route of language learning. The present study attempts to compare the cultural content of two course books being used currently in Iran called ILI and Rise and Shine series in order to see which one is more useful in developing the intercultural competence of EFL learners. The participants of this study include 30 EFL teachers (15 teachers in ILI who teach advanced level books and 15 teachers in Chitsazan academy who teach advanced level books). The instrument of this study includes a questionnaire adapted from (Ahmadi Safa, Moradi et al. 2015) that consists of 38 questions designed based on Likert scale. The collected date were analyzed by an independent t-test. The obtained results revealed that Rise and Shine series include more intercultural features than ILI series and they are more applicable in improving the intercultural competence of EFL learners.

The medical tourism industry comprises a combination of tourism and medical services and has attracted the attention of most developed and developing countries during the last decades. This industry has capacities which guarantee progress not only in the economic field, but also in the cultural and political spheres; capacities that can deliver great advantages and opportunities in promoting the power of countries. The main purpose of this study was to investigate the effectiveness of the elements of medical tourism on the creation of new economic and political opportunities. Consistent with this purpose, the focus of this article was to investigate the reasons for the presence of Azerbaijani medical tourists in Iran and the common interests between the two countries. Following an analysis of prominent articles in this field, several factors such as culture, quality, infrastructure, cost, and destination image were identified and discussed in detail. The identified factors were used as the basis of a questionnaire seeking the views of experts active in the field of medical tourism, and the results evaluated using the AHP (Analytic Hierarchy Process) method. The factors driving medical tourism were then classified according to their relative priority. The analysis of the experts’ points of view confirmed Iran's current position and future opportunities in the medical tourism industry.