Interdisciplinary Studies in Society, Law, and Politics

Challenges of Whistleblowing in Iran's Criminal Justice System: A Focus on Detection and Prevention of Governmental Crimes

Mehdi Ashjaei Khameneh

; Reza Faani *

; Abbas Ali Akbari

, Baharak Shahed

https://doi.org/10.61838/kman.isslp.2.4.8

Whistleblowing, a modern phenomenon, is considered a significant measure for exposing governmental crimes. In Iran's legislative framework, whistleblowing faces legal challenges and requirements that are explored in this study. The primary research question addresses the challenges of whistleblowing in Iran's criminal justice system and examines to what extent these challenges can contribute to the detection and prevention of governmental crimes. The objective is to elucidate the obstacles to whistleblowing and its impact on identifying and preventing such crimes. The present study employs a qualitative approach, adopting a descriptive-analytical methodology. Data were collected through detailed document analysis and thoroughly examined. Whistleblowing fundamentally refers to the exposure of crimes in a positive sense, aimed at uncovering and preventing the violation of majority rights by the ruling minority within society. Governmental crimes often occur covertly, and without whistleblowing, they remain undiscovered and concealed. The challenges of whistleblowing include ensuring protection for whistleblowers, preventing baseless whistleblowing and the resulting increase in defamation cases in judicial systems, strengthening immunity for whistleblowers, supporting whistleblowing through press laws, and legally preventing governmental crimes via whistleblowing. Essential strategies and requirements for utilizing whistleblowing to detect and prevent governmental crimes include promoting transparency in government operations, enhancing civil society and non-governmental organization participation and oversight, leveraging Islamic principles (e.g., enjoining good and forbidding evil), ensuring the right to free access to and dissemination of information through media, using constitutional capacities, adopting legislative policies, and uncovering organized governmental crimes in complex security layers.

Comparative Analysis of Spousal Rights in Imami Jurisprudence, Iranian Law, and Selected Countries

Firouzeh Hazrati *

https://doi.org/10.61838/kman.isslp.3.3.7

According to the Iranian Civil Code, as soon as a marriage contract is validly concluded, marital relations are established between the parties, and the rights and duties of the spouses toward each other are defined. These rights and duties vary significantly across the laws and legal systems of different countries. This study employs a descriptive-analytical method to examine the comparative rights of spouses under Iranian law, rooted in Imami jurisprudence, and the laws of selected countries (such as Canada, the United States, and European countries like France and the United Kingdom). The findings reveal fundamental differences between spousal rights in Iran and the selected countries, except for areas such as the mutual obligation for good conduct and child custody rights. One significant difference lies in mahr (dowry), which is a critical financial right of spouses in Iran, where the wife owns the mahr as a debt owed by the husband. In contrast, countries like the United States, Canada, and many European nations do not recognize the concept of mahr but instead apply marital property division laws. Additionally, rights such as the husband’s authority as head of the family, the wife’s right to work, and the unilateral right of divorce (exclusively held by the husband) differ from the selected countries, which base spousal rights on gender equality, granting equal and shared rights and responsibilities to both spouses.

The Developments in Iranian Environmental Law in Light of International Law Norms and Imami Jurisprudence

Ayat Mulaee

; Afife Gholami

, Linda Movassaghi *

Undoubtedly, one of the most significant challenges facing all nations globally is the issue of environmental protection, which has been under relentless attack over the past half-century. In pursuit of comfort and prosperity, humanity has inflicted severe damage on the elements of nature and life, with Iran's environment being no exception. Examples include unauthorized well-digging and groundwater extraction, illegal and unlicensed hunting, the use of chemical pesticides in agriculture, littering in public spaces, and the increased use of fossil fuels in vehicles. These issues have raised concerns among experts in international law, public law, and environmental law. Efforts are underway to address these challenges by adopting new international legal norms and modern environmental protection techniques such as aerial monitoring with drones and satellites, thermal scanning, and enacting laws informed by the successful experiences of other nations. The research question addresses the impact of international law and Imami jurisprudence on the evolution of Iranian environmental law. The research method employed is descriptive-analytical. The findings demonstrate that reliance on effective frameworks of international law has contributed to standardizing environmental law criteria in Iran while leveraging the principles of Imami jurisprudence to strengthen and transform Iranian environmental law.

The Role of Economic Sanctions in Violating Children's Rights

Hossein Naeimie

; Mohammad Sadeghi *

; Seyed Bagher Mir Abbasi

The aim of this article is to examine the role of economic sanctions in violating children's rights, addressing the question of how international sanctions affect children's rights and their right to health in sanctioned countries. The findings reveal that comprehensive economic warfare through the imposition of unilateral and unlawful sanctions, along with extending their scope to all countries' relations with Iran, violates the right to health, welfare, and living standards of Iranian children and refugee children in Iran. These sanctions may deprive children of their fundamental rights, including the right to life, the right to food, the right to health and medical care (such as access to medications for patients with specific conditions), the right to education (including schooling and welfare), and, ultimately, the right to an adequate standard of living.

Groups Affected by Climate Change and Those Bearing Responsibility for Its Consequences

Ayat Behrozinezhad

; Maryam Moradi

; Mohsen Dianat

Climate change has clear and immediate consequences on the full enjoyment of human rights, such as the right to life, the right to participate in cultural life, the right to own property, the right to an adequate standard of living, the right to access food, and the right to the highest attainable standard of physical and mental health. These rights may be significantly impacted by climate effects on various human groups, including minorities, children, persons with disabilities, women, refugees, and migrants. States, as primary subjects of international law, must primarily cooperate and adopt shared procedures to mitigate the adverse effects of climate change on human groups. They should use all available safeguards to adapt these groups equitably and without discrimination to climate change, ensuring the protection of human rights from commercial harm. Additionally, business enterprises, as major contributors to climate change acceleration, must comply with maximum environmental standards to mitigate harmful effects. This article is structured using a descriptive-analytical method and a library-based approach.

Operation “Al-Aqsa Flood” and its Impact on the Abraham Accords

Mohammad Hosein Shahrezaei

, Mahnaz Godarzi *

, Jahanbakhsh Izadi

Operation Al-Aqsa Flood conducted by the Hamas movement on October 7, 2023, posed challenges to the dynamics of developments in the West Asia region. This operation was carried out on a large scale, catching Israel off guard and plunging it into shock from the onset. In this context, this paper, compiled through an analytical-descriptive method, seeks to answer the following question: What impact does the Operation Al-Aqsa Flood have on the peace negotiations between Israel and Arab countries within the framework of the Abraham Accords? Thus, the aim of the article is to examine the effects and consequences of this operation on the peace process under the Abraham Accords, which was underway with a view to strengthening relations between Israel and Arab countries. In line with this, the hypothesis of the article is as follows: "The consequences of the Operation Al-Aqsa Flood have slowed the process of normalizing relations between Arab countries and Israel." The findings of the article indicate that the Operation Al-Aqsa Flood by Hamas has resulted in various military-security, intelligence, political, and economic consequences, including: dispelling the myth of Israel's invincibility, bolstering and empowering the Hamas movement, bringing the Palestinian issue back to the forefront of global discourse, highlighting internal Israeli divisions, a significant intelligence and security failure for Israel, a surge in international public outrage against Israel, the downturn of Israel's economy, catching Israeli military leaders and intelligence systems by surprise, fostering unity in the Islamic world, enhancing Iran's regional standing in West Asia, and most notably, halting or at least delaying the process of normalizing relations between Arab countries and Israel within the framework of the Abraham Accords.

The Role of Citizen Education and Awareness of Laws, Regulations, and Civil Rights in Observing Civil Rights During the Crime Investigation Process

Hadi Nouri

; Saleh Abdinezhad *

; Alireza Shekarbeigi

https://doi.org/10.61838/kman.isslp.3.2.17

Education is considered one of the main pillars of personality development and the consolidation of the value, national, and human identity of any society. Training and education within any social institution lead to socialization in various dimensions. The process of citizenship education, framed as human and collective life skills, is studied and examined explicitly and implicitly within educational institutions. Citizenship education and the understanding of the dimensions and principles of civic responsibility today play a crucial role in strengthening the collective spirit and social conscience of society. Citizenship features and civic responsibility are integral parts of collective life patterns, and governments are obligated to promote formal and informal education in this regard through social institutions and relevant organizations. Citizens' awareness of laws and regulations is one of the primary pillars of maintaining social order and observing civil rights in any society. In the crime investigation process, this awareness can have significant effects on adherence to the rule of law. The process of identifying and preventing crimes must remain within the framework of legal regulations, and citizens' awareness of their rights can be effective in this respect. Community awareness contributes to building a sound educational structure and reinforcing the inclination toward lawfulness among citizens. A citizen fully aware of their rights in society exhibits controlled and law-abiding behaviors, facilitating the social acceptance of these rights.

The Necessity of Criminalizing Non-Standard Structures in Iranian Criminal Law

Ali Akbar Rafiyan

; Saleh Abdinezhad *

; Alireza Shekharbeigi

Population growth and the advancement and development of society have always led to an increase in construction activities. Looking back, we see that the transformation of traditional urban and rural residential structures into modern styles has resulted in high-rise buildings replacing traditional, old villas. Therefore, the formulation of regulations aligned with these advancements becomes necessary. Consequently, violations have increased, and former laws are insufficient to address these advancements, requiring a reconsideration of legislation. When examining Iranian laws concerning unauthorized construction, the Iranian legislator has not adopted a criminal approach to these issues. The Islamic Penal Code includes only a few articles, yet the extent to which these provisions are effective in deterring offenses resulting from unsafe construction requires further analysis. According to the Islamic Penal Code, addressing crimes related to construction often necessitates recourse to general laws concerning accidents. In cases involving crimes against individuals, the prosecution and punishment of those responsible for accidents caused by construction result in responses such as the imposition of blood money (diya), fines, and, in some instances, imprisonment. Thus, existing laws are ineffective in preventing crime, and the current approach of Iran’s legislative criminal policy in this area is inefficient.

About the Journal

Editor-in-Chief: Prof Nahide Konak
Owner: KMAN Research Institute
Publisher: KMAN Publication Inc. (KMANPUB)
Contact emails:
journalisslp@kmanpub.com
journalisslp@gmail.com
Open access: YES
Peer-review: Yes (Open Peer-review)

Interdisciplinary Studies in Society, Law, and Politics (ISSLP) is a forward-thinking academic journal published by KMAN Publication Inc. (Dubai Office) and supported by the Iranian Association for Sociology of Education. It operates on an innovative, open-access platform, offering a peer-reviewed space dedicated to exploring the intricate connections among society, law, and politics.

ISSLP is committed to cultivating a holistic comprehension of how these realms intersect and influence one another. Our objective is to provide a dynamic forum for scholars, practitioners, and policymakers from diverse backgrounds to exchange research findings, theoretical insights, and practical knowledge. Through this exchange, we aim to enrich our collective understanding of societal structures, political dynamics, and legal principles.

Embracing a broad spectrum of interdisciplinary methodologies, ISSLP seeks to foster a robust discourse that transcends conventional academic boundaries. We welcome contributions that are intellectually rigorous yet accessible to a wide audience, thereby promoting a vibrant dialogue that advances scholarly inquiry and societal discourse.

Current Issue

Vol. 3 No. 3 (2024): Serial Number 9

Published: 2024-07-01

Articles

Enhancing Democratic Processes through Interdisciplinary Research

Leandro Repetti *

1-3
- Pdf
https://doi.org/10.61838/kman.isslp.3.3.1
Exploring the Challenges of Reintegrating Ex-Offenders into Society

Ahmet Kılıç *

, Mustafa Kaan Tuysuz

4-11
- Pdf
https://doi.org/10.61838/kman.isslp.3.3.2
The Role of Faith-Based Organizations in Social Service Provision

Reihaneh Jahani

, Mohammad Yusof Parayandeh *

12-19
- Pdf
https://doi.org/10.61838/kman.isslp.3.3.3
The Influence of Religious Beliefs on Health Decision-Making: Perspectives from Diverse Faith Communities

Claire Woolford

, Matthew Horner *

20-27
- Pdf
https://doi.org/10.61838/kman.isslp.3.3.4
Understanding the Challenges of Language Barriers in Healthcare

Zahra Khorshidi Organi

, Marzieh Nazarenia *

, Fatemeh Aghaee

28-35
- Pdf
https://doi.org/10.61838/kman.isslp.3.3.5
Exploring the Impact of Economic Crises on Mental Health: Narratives from Affected Individuals

Seyed Emad Bateni

, Amir Hossein Khorshidi *

36-44
- Pdf
https://doi.org/10.61838/kman.isslp.3.3.6
Comparative Analysis of Spousal Rights in Imami Jurisprudence, Iranian Law, and Selected Countries

Firouzeh Hazrati *

45-55
- PDF
https://doi.org/10.61838/kman.isslp.3.3.7
The Environment: The Most Critical Global Issue, the Role of the International Court of Justice (ICJ) and States in Advancing International Environmental Law

Hojat Naghdi

; Mohamad Hosein Ramazani Ghavam Abadi *

; Mostafa Amiri

56-68
- PDF
https://doi.org/10.61838/kman.isslp.3.3.8
Schiller's Critique of Kant's Aesthetic Philosophy

Hamideh Jafari *

69-74
- PDF
https://doi.org/10.61838/kman.isslp.3.3.9
Examination of the Status of Privacy in the Legal Systems of Iran and Iraq

Mohammad Ali Abdulhasan Yassin

; Zainab Pourkhaqan Shahrezaee *

; Ayad Abdul Hamzah Baawi

, Mohammad Sharif Shahi

75-88
- PDF
https://doi.org/10.61838/kman.isslp.3.3.10
Analyzing the Relationship Between Good Governance, Social Order, Social Commitment, and Citizens' Belief in Social Values: A Case Study of Garmsar Citizens

Ahmad Amiri

; Nayer Pirahari *

; Mojtaba Sedaghati Fard

89-95
- PDF
https://doi.org/10.61838/kman.isslp.3.3.11
A Comparative Study of Criminalizing HIV Transmission with Emphasis on European Countries

Mohammad Reza Ashkboos

; Masoud Heidari *

; Mahmoud Malmir

96-104
- PDF
https://doi.org/10.61838/kman.isslp.3.3.12
Electronic Monitoring of Imprisonment in the Law and Judicial Practice of England

Masoud Asgari Niaser

; Mahmoud Habibitabar *

; Sadegh Moradi

105-119
- PDF
https://doi.org/10.61838/kman.isslp.3.3.13
The Relationship Between Administrative Impartiality and Conflict of Interest and Its Impact on Reducing Administrative Corruption

Fatemeh Haji Mohamad Sadegh Chitsaz

, Mehdi Hadavand * , Shahin Esmaeilpour Fadakar

120-134
- PDF
https://doi.org/10.61838/kman.isslp.3.3.14
Analysis of Rehabilitation and Treatment Strategies for Violent Offenders in Light of Criminal Psychology Doctrines

Bahareh Vayezi

; Yasaman Khajeh Nori *

; Mehdi Saberi

, Ali Najafi Tavana

135-144
- PDF
https://doi.org/10.61838/kman.isslp.3.3.15
Admissibility of Cases and the Prohibition of Double Jeopardy in the Statute and Jurisprudence of the International Criminal Court

Mohammad Zamani

; Maryam Seyedhatami *

; Abbas Salmanpour

145-152
- PDF
https://doi.org/10.61838/kman.isslp.3.3.16
The Issue of Penalty Clauses in Iranian and U.S. Law

Golchehreh Amra

; Tayyeb Afsharnia *

; Mohammadreza Fallah

153-162
- PDF
https://doi.org/10.61838/kman.isslp.3.3.17

View All Issues

Interdisciplinary Studies in Society, Law, and Politics

Challenges of Whistleblowing in Iran's Criminal Justice System: A Focus on Detection and Prevention of Governmental Crimes

Comparative Analysis of Spousal Rights in Imami Jurisprudence, Iranian Law, and Selected Countries

The Developments in Iranian Environmental Law in Light of International Law Norms and Imami Jurisprudence

The Role of Economic Sanctions in Violating Children's Rights

Groups Affected by Climate Change and Those Bearing Responsibility for Its Consequences

Operation “Al-Aqsa Flood” and its Impact on the Abraham Accords

The Role of Citizen Education and Awareness of Laws, Regulations, and Civil Rights in Observing Civil Rights During the Crime Investigation Process

The Necessity of Criminalizing Non-Standard Structures in Iranian Criminal Law

About the Journal

Current Issue

Articles

Enhancing Democratic Processes through Interdisciplinary Research

Exploring the Challenges of Reintegrating Ex-Offenders into Society

The Role of Faith-Based Organizations in Social Service Provision

The Influence of Religious Beliefs on Health Decision-Making: Perspectives from Diverse Faith Communities

Understanding the Challenges of Language Barriers in Healthcare

Exploring the Impact of Economic Crises on Mental Health: Narratives from Affected Individuals

Comparative Analysis of Spousal Rights in Imami Jurisprudence, Iranian Law, and Selected Countries

The Environment: The Most Critical Global Issue, the Role of the International Court of Justice (ICJ) and States in Advancing International Environmental Law

Schiller's Critique of Kant's Aesthetic Philosophy

Examination of the Status of Privacy in the Legal Systems of Iran and Iraq

Analyzing the Relationship Between Good Governance, Social Order, Social Commitment, and Citizens' Belief in Social Values: A Case Study of Garmsar Citizens

A Comparative Study of Criminalizing HIV Transmission with Emphasis on European Countries

Electronic Monitoring of Imprisonment in the Law and Judicial Practice of England

The Relationship Between Administrative Impartiality and Conflict of Interest and Its Impact on Reducing Administrative Corruption

Analysis of Rehabilitation and Treatment Strategies for Violent Offenders in Light of Criminal Psychology Doctrines

Admissibility of Cases and the Prohibition of Double Jeopardy in the Statute and Jurisprudence of the International Criminal Court

The Issue of Penalty Clauses in Iranian and U.S. Law

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