"Adl va Ensaf" Comparative Law Researches Quarterly
Volume & Issue: Volume 5, Issue 18, Autumn 2022 
Number of Articles: 3

The financial system governing the relationship between couples in Islam and the laws of Afghanistan

Pages 7-23

https://doi.org/10.22034/aeclr.2024.379184.1107

Abdulkhaliq shafaq

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.

forum shopping'effect on the interests of the litigants and judicial justice

Pages 24-69

https://doi.org/10.22034/aeclr.2024.381853.1109

Sima Hatami, Fatollah Rahimi

Abstract It is highly evident that ',Forum shopping is a critical term in the common law system; nonetheless, such a term is a new concept in the Roman Germanic law used in the case of fraud in relation to the jurisdiction of the courts. Nowadays,, fraud, whether in relation to the law or in regards to the choice of court jurisdiction, with the intention of harming the defendant and attaining the interests of the plaintiff; It is one of the cases for sure caused deep concerns in the private relations of people in the international level. In this article, the concept of common law regarding forum shopping is debated in terms of private international law, viewed as one of the difficulties to the implementation of foreign law in the common law precedent, since this matter of importance never be regulated in Iran's legal system and codified law; therefore this article suggested some ways to prevent its occurring.

Civil rights in international armed conflict

Pages 70-91

https://doi.org/10.22034/aeclr.2024.382241.1111

Seidsamad Tahari, akram bahrami

Abstract Civilians, women and children, prisoners of war, injured, etc. are generally regulating armed conflicts. From this point of view, war is an inevitable act, but the effects and consequences of war on support groups can be reduced. The kindness of civilians in the military and political areas of countries violates their most fundamental and obvious rights, the inhumane right to live. The slaughter is so proven by them and the documents of the international legal nature, however, reminding the international equations of governments involved in armed conflict of war -based conscience will challenge the conventions and protocols of Geneva in order Preventing arbitrary enforcement of civilian rights or committing inhumane behaviors predicts extensive judicial guarantees.
The right to compensation, the right to conduct, the right to protection, and the right to claim compensation are among the rights recognized in international and regional documents for victims of severe human rights violations and international humanitarian rights.
The crimes of Israeli -backed terrorist groups to civilians in Muslim countries are violating and violating the fundamental rights of civilians, including the right to torture and other rights, human rights institutions in violation of the rights of civilians. In this article we will examine the status of civilian rights in armed conflicts.