"Adl va Ensaf" Comparative Law Researches Quarterly

Abstract The child in this study is a person who has not reached the age of eighteen and is under eighteen years old.
Global efforts to protect the child as the most vulnerable member of human society led to the ratification of the 1989 Convention on the Rights of the Child and Afghanistan ratified it in 1994, preserving the "right of reservation" to all rules and regulations against Islamic law and domestic law. In addition to international efforts, Afghanistan has protected children under various domestic and international laws, including a law entitled "Protection of the Rights of the Child."
This study examines the rights of children in the laws of Afghanistan and the Convention on the Rights of the Child in a descriptive-analytical manner and concludes that in these documents, special attention has been paid to children and many rights for them from civil, cultural, economic to political are considered. .

Abstract Human actions are divided into three parts: worships, traditions, and habits. The religion commandments are wajeb, mustahab, Makruh, Mabah, and Haram. In this article, we are dealing with the worship subject which leads to the man's proximity to God and future life reward. Because, a charged person must know whether he can change the worship subject or not and if doubts are raised in the subject of worship, which principle should be cited in order to put the charged person out of doubt. The jurisconsults believe that the "Esalatossehhe" is applicable in transactions and habits which in this article the possibility of citation to this principle in worship from the Sunnis jurisconsults point of view will be studied. Also, different Sunnis religion disagreements over the issue of invalidity and corruption in the worship and various opinions on this issue and also types and conditions of worship and corruption-related effects in worship is discussed. Then with the citation to available sources, we will be dealing with the citation Impossibility to the "Esalatossehhe" and the Sunnis jurisconsults reasons In the field of worship. In the end, their obeyed principle in worship which is “Esalatol man” will be disputed.

Abstract abstract
The necessity of respecting the contract is to fulfill its obligations, so that failure to perform contractual obligations guarantees several performances, the most important of which is the compulsory and termination of the transaction in the legal system of Iran and Islamic jurisprudence. For example, the enforcement of the sentence or order from the court Or other law enforcement agencies that oblige the person to carry out an objective investigation of what he has undertaken, or in the event of a refusal to comply with a warrant or order, by a court with his or her legal remedies through enforcement agents or third parties, or if the obligation is committed by the person concerned With physical and financial pressures, he has to force him to fulfill his obligation The burden, which forms the most important part of the present article, is in direct and indirect fashion, and these two types of coercion are distinct according to the subject of engagement And in cases where a vested party has a direct obligation to do so, and the vendor can only demand his indemnity through indirect coercion, and if he fails to fulfill the obligation, he will be obliged to terminate the committed area, so for the importance of the matter In this article, after mentioning, we will give a general overview of the concept of commitment and types of commitment to the validity of the subject as contractual obligations, and will conclude
keyword:obligation،contracte،do،consraint

Abstract In today's world, the separation of powers as the cornerstone and cornerstone of democracy, the adornment of the constitution and the vassal of the rights and freedoms of the people and the main basis and purpose of this principle has been to achieve the original ideal of democracy. Now the question arises whether the methods and models of separation of powers in the Islamic Republic of Iran and the three political systems of the model and claimant of democracy, namely the British Parliament, the US presidency and the French semi-presidential / semi-parliamentary, really comply with the principles of separation of powers and democracy. The present study uses analytical-descriptive method to prove the hypothesis that the relationship between the principles of separation of powers and real democracy is like a link between a text and its footnote, and therefore it is not possible to choose different models of separation of powers as a brain teaser. Be clear with the basics of separation of powers and the characteristics of democracy. The result of the research will be that the above-mentioned countries have chosen different models of separation of powers based on apparent democracy, and it is suggested that because today's theory of the three powers no longer meets the demands of democracy, the fourth and popular power called "supervisory power" And subversion "should be considered in the constitutions of countries.

Abstract One of the most important and interesting issues in the present era is how to regulate the financial relations of couples. Due to the importance of the topic, this research has analyzed the financial system governing couple relations in Islam and Afghan laws in a descriptive-analytical way; In such a way, at first, he examined the types of financial systems governing the relations of couples and then examined the financial system governing the relations of couples in Islam and the laws of Afghanistan
The conducted investigations showed that the system of complete separation of property (financial independence of couples) is accepted in Islam. That is, each of the spouses has privileged and separate properties and having a series of conditions, he can occupy them independently and without the role of the other. There is no explicit provision in the civil law regarding the financial relations of spouses; but, the principle of financial independence of spouses has been accepted in the personal status law of Shiites, and the law on the prohibition of violence against women has also provided a guarantee for it.

Abstract In legal relations, there are rules that underlie it and strengthen the foundation of justice. The no-harm rule is one of these basic rules, which is emphasized in Article 40 of the Constitution. The implication of this rule is that no one has the right to abuse their rights to the detriment of another. This rule, in addition to the Quranic, narrative and jurisprudential roots, is also based on the logic and rationality of human beings. In Western law, this rule is known as the abuse of rights, which is one of the principles restricting the freedom of individuals. In our civil and commercial laws, this rule has been mentioned many times and in different ways, and this rule is also the basis of civil liability law. But in criminal law, with the exception of a few laws that are merely verbal similarities to the rule, this issue has not been used, and this leads to many abuses by individuals. Cases such as usury and conversion of punishments and discounts and the principles of innocence and the passage of time, etc. are among the cases in which many abuses take place. The subject of this research is Iranian criminal law, which seeks to analyze and remind the relevant people in an analytical way, using library resources and work experiences.

Abstract Globalization is an inevitable process, which is internationalization and the elimination of geographical boundaries. The thinkers and thinkers of different countries each speak in a way about the world and there is little consensus about it. Today, globalization is the most obvious trend in the convergence of countries, the most important of which is the economic dimension. On the other hand, citizen's rights are now at the national and international level as important legal issues. Meanwhile, the Constitution of the Islamic Republic of Iran focuses on the rights of citizens and does not include differences in ethnicity, race and language in this right. In this paper, we attempt to analyze the globalization and its effects on citizenship rights, while defining the concept of globalization comprehensively, the challenges of globalization, as well as its positive and negative consequences in relation to citizenship rights. Take up The effects of globalization on citizenship rights and ways to promote citizenship rights in the age of globalization have been described and explained. The research hypothesis is that "the evidence suggests the positive impact of globalization on the citizenship rights.