https://journal.ihrci.ir/ Strategic Studies of Jurisprudence and Law en daily 1 Sat, 28 Mar 2026 00:00:00 +0330 Sat, 28 Mar 2026 00:00:00 +0330 https://journal.ihrci.ir/article_234356.html Background and Aims: The realization of a resistance economy as an economic program of the Islamic Republic of Iran requires the use of religious resources and precepts, one of the most important of which is spending. This research examines the role of spending on a resistance economy and the promotion of the economic efficiency of the system, and the question is: In what ways does spending affect the realization of a resistance economy and the economic efficiency of the Islamic system? Materials and Methods: The method of the present article is analytical and descriptive, and the research tool is also library. Ethical Considerations: In writing the present article, documented referencing and trustworthiness have been the basis. Findings: Spending and the methods derived from it will play an important role in preventing the accumulation of wealth, fighting poverty, supporting business, thrift and moderation in economic affairs, and creating a platform to prevent dependence on foreign countries. In addition, the important results of spending in the field of resistance economy are welfare and comfort, and the flourishing of material and spiritual talents, and compassion and empathy and helping the needy, which means improving the efficiency of the Islamic economic system. Conclusion: In order for spending to have an effect on the realization of the resistance economy and economic efficiency, it should be said that spending resources should be placed under a single and centralized management for design, planning, monitoring, and adherence to priorities. Also, the income from spending resources should be invested in the economic field to ensure economic efficiency and advance the goals of the resistance economy. https://journal.ihrci.ir/article_234345.html Background and Aims: Due to their high validity and enforceability, official documents play a significant role in legal systems and are widely used in various transactions and contracts. Errors in official documents may occur due to a lack of competence, typographical or spelling errors, errors in content or description of obligations, non-compliance with legal formalities, document forgery, and more. This article aims to conduct a comparative analysis of the types of registration errors in the legal systems of Iran, France, and the United States.Materials and Methods: The present article employs a descriptive and analytical approach.Ethical Considerations: Originality, honesty, and integrity of the texts have been upheld.Findings: In Iranian law, registration errors are classified into two categories: effective and non-effective. Effective errors undermine the validity of the document, while non-effective errors can be corrected. French law is similar to Iranian law, where effective errors lead to relative nullity of the contract, while non-effective errors do not impact the contract’s validity. In the U.S. legal system, errors are divided into mutual and unilateral. Mutual errors result in the contract’s nullification, while unilateral errors have no effect.Conclusion: All three legal systems emphasize the accuracy in drafting official documents. Despite differences in classification and approaches to errors, they strive to uphold contractual justice. https://journal.ihrci.ir/article_212099.html Background and aims: Sustainable economic development is the concern of most political systems and economic and social planners, which, due to the importance of human work and effort, has a significant connection to forced labor and forced labor. In this regard, some teachings of sustainable development in Islam pay attention to the prohibition of forced labor, which is also the focus of the present study. Materials and Methods: The method of the present article is analytical and descriptive, and the research tool is also library.Ethical Considerations: In writing the present article, documented referencing and trustworthiness have been the basis. Findings: Prohibition of forced labor from the perspective of Islamic sustainable development requires not causing harm to the individual, people, or the environment; it also sets decent work as the criterion by preserving the dignity of individuals and is far from employing children; and it also emphasizes income from halal businesses and individual independence and giving authenticity to work and effort. Conclusion: Policy-making in Islamic sustainable development is not only dependent on the abundance and accumulation of wealth, but also requires attention to eliminating poverty from the society and taking into account religious considerations related to the source of labor, including earning halal income, acquiring legitimate wealth, rejecting individual and group exploitation, and applying ethical rules in economic contracts.   https://journal.ihrci.ir/article_234353.html Background and Aims: This research conducts a comparative study of the labor relations regulatory system in Afghanistan and Iran, focusing on the principles of "decent work" from the perspective of the International Labor Organization.Methods: This research is theoretical and has been conducted using a descriptive-analytical method.Ethical Considerations: In the present study, the principles of trustworthiness, honesty, impartiality, and originality of the work have been observed. Results: Both countries have relatively comprehensive legal frameworks in the field of labor relations; in Afghanistan, the Labor Law of 1387 and its supplementary regulations are the main basis for regulating labor relations. Despite legal provisions on employment contracts, working hours, safety, leave, and the prohibition of child labor, severe weaknesses in the monitoring system, a shortage of labor inspectors, administrative concentration in Kabul, and the exclusion of some women from the labor market have hindered the realization of decent work principles. High unemployment rates, the spread of informal employment, and the lack of effective labor organizations are among the most important obstacles to the effectiveness of this system. In Iran, the regulatory system is based on the Constitution and the “Labor Law of 1369” and has a broader institutional structure. The Ministry of Cooperation, Labor, and Social Welfare, the Dispute Resolution and Resolution Boards, the Islamic Labor Councils, and the Labor Inspection Organization are among the main institutions of this system.Conclusion: Afghanistan faces institutional and administrative weaknesses, while Iran faces structural challenges and centralization. Both systems are far from fully realizing the components of decent work – including productive employment, social protection, effective social dialogue, and equal opportunities. Therefore, reforming supervisory structures, strengthening labor organizations, accession to the fundamental ILO Conventions, and enhancing administrative transparency are essential requirements for achieving effective and fair regulation of labor relations in both countries. https://journal.ihrci.ir/article_234346.html Background and Aims: One of the situations in which a person faces certain legal consequences is the state and situation of bankruptcy. The effects of bankruptcy affect various individuals and it is necessary to examine them. Being in this situation will have effects on the property of the businessman, his liquidator and the ability to perform some legal transactions by the businessman, and it is necessary to check these effects. Based on this, the purpose of this article is to examine the effects of the bankruptcy order on the businessman, successors of the businessman and third parties. Materials and methods: This article is descriptive and analytical. Materials and data are also qualitative and data collection was used in collecting materials and data. Ethical Considerations: In this article, the originality of the texts, honesty and trustworthiness are observed. Findings: liquidation of the debts owed by the merchant, towards creditors and third parties, prohibiting the suspended and bankrupt merchant from interfering in his property and carrying out certain transactions, and replacing and acting as the legal representative of the liquidator appointed by the court, to do these things. Among the effects of bankruptcy are the businessmen and the liquidator themselves, in relation to creditors and third parties. Conclusion: The conclusion is that the prohibition of the intervention of the bankrupt businessman has a subjective, and this means a type of legal security and seizure so that the businessman cannot, with the authority to manage his property, take them to transfer the losses of creditors to other persons. https://journal.ihrci.ir/article_234351.html Background and Aims: What has been stated under the title of ownership of the space above and below the surface of the earth in various laws, while it is necessary to benefit from the land, it also has various dimensions and ambiguities. The centrality of these dimensions and ambiguities are the limits of this ownership and its effects. The limits of ownership of the frontier space can be analyzed from different dimensions, and this article examines this issue from the angles of ownership of the frontier space, the territory of the frontier space, the limitations of the rights related to the frontier space. Materials and Methods: This research is of a theoretical type and the research method is descriptive-analytical and the method of collecting information is library-based and was done by referring to documents, books and articles. Ethical Considerations: In this research, the principles of trustworthiness, honesty, neutrality and originality of the work have been respected. Findings: The content of the property right on the border area has some differences with the frameworks of the owner's right. These differences are not only limited to restrictions on ownership. Conclusion: A uniform approach has not been adopted in relation to the border area. Therefore, it can be seen that the restrictions of possessions are not only in the field of construction, but also in the field of using the adjacent space. https://journal.ihrci.ir/article_223036.html Background and Aims: The passage of time in commercial documents is an important issue law in this regard. Accordingly, the purpose of this article is to examine the approach of Iranian and Egyptian law to the passage of time in commercial documents. Materials and Methods: This article is descriptive and analytical. The materials and data are also qualitative, and receipts were used in collecting materials and data. Ethical Considerations: In this article, the originality of the texts, honesty, and trustworthiness have been observed. Findings: The findings showed that in Iranian civil law, the passage of time has been eliminated due to the theory of the Guardian Council rejecting the effect of the passage of time documents after 5 years has been accepted. Of course, this simply means that it is not possible to file a lawsuit in the form of commercial documents, but as a normal document, the possibility of filing a lawsuit still exists. In Egyptian law, 5 years is also accepted as the statute of limitations for lawsuits related to commercial documents. Conclusion: The conclusion is that if a check is subject to commercial statute of limitations due to the deprivation of its commercial privilege, the provisions of Article 522 of the Civil Procedure Code govern the lawsuit for damages for late payment, not the law of issuing the check. Therefore, damages for late payment in this case are calculated from the date of demand for payment and the debtor's refusal to pay despite the ability to do so. https://journal.ihrci.ir/article_224783.html Background and Aims: The issue of budget deficit in Islamic literature is an inevitable issue due to the harm it causes to people's economic rights. In this regard, in this article, we aim to investigate the Islamic principles in this area and find out what the Islamic principles are for protecting citizens' economic rights against budget deficits. Materials and Methods: This research is theoretical and the research method is descriptive-analytical, and the method of collecting information is library-based and has been carried out by referring to documents, books, and articles. Ethical Considerations: In the present research, the principles of trustworthiness, honesty, impartiality, and originality of the work have been observed Findings: Citizens' economic rights and their enjoyment are among the basic rights of a nation. However, budget deficits create bitter and unpleasant consequences for citizens in realizing these rights and deprive them of many of their economic rights. Conclusion: Based on evidence including verses, narrations, reason, jurisprudential rules such as the rule of "the treasury is intended for the benefit of the public" and the rule of "preserving the system", as well as the principle of justice, it is necessary to protect the economic rights of citizens against budget deficits. https://journal.ihrci.ir/article_234355.html Background and Aims: The metaverse, as an advanced and innovative virtual space, utilizes modern technologies such as virtual reality and augmented reality to facilitate economic and social interactions in a three-dimensional and realistic manner. Materials and Methods: This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles. Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed. Findings: The findings of the present study show that this digital environment allows users to participate in the virtual world using their avatars and engage in various activities, including conducting financial transactions and signing digital contracts. Conclusion: According to existing legal provisions, especially Article 29 of the Iranian Electronic Commerce Law and international laws, the place of sending and receiving the message data is considered as the basis for determining the place of conclusion of the contract. Also, the issue of "public order" and "good morals" is of particular importance as key requirements in determining the validity of contracts. https://journal.ihrci.ir/article_234357.html Background and Aims: the purpose of this study is to explain the effects of the behavior of the obligor in the process of performance of obligations as an obstacle to the performance of obligations within the framework of the Convention on International Sales and Iranian law and its jurisprudential foundations. Materials and Methods: This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library. Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed. Findings: The behavior of the obligated party as an obstacle to the fulfillment of the obligation is analyzed in Iranian law and its jurisprudential foundations by resorting to the general principles of the fulfillment of obligations; while the Convention has a special provision regarding this situation, and this provision is also stated under the section on exemption from liability. Conclusion: In Iranian law and the Convention, examples of the behavior of the obligor in the process of non-fulfillment of the obligation are not explicitly mentioned. However, given that in Iranian law, the legal analysis of the role of the obligor is carried out by resorting to the interpretation of general rules, while in the Convention, this is done by resorting to the provisions of Articles 79 and 80, it is very likely that there will be a divergence of opinions in the procedure of dispute resolution authorities within the framework of Iranian law compared to the Convention. https://journal.ihrci.ir/article_238756.html Background and Aims: Tax justice and equality are among the most fundamental principles of tax law, requiring that the tax burden be distributed in proportion to taxpayers’ ability to pay. With the expanding role of the Administrative Justice Court following the enactment of Article 173 of the Constitution and the establishment of mechanisms to address taxpayers’ complaints against final decisions of tax boards and regulations, judicial practices have become a significant source for interpreting and supplementing tax regulations. Furthermore, the principles of Jaʿfari jurisprudence, including the rules of justice and fairness, no harm, avoidance of hardship, feasibility, and the rules of loss and causation, provide a foundational framework for protecting taxpayers’ rights, limiting government powers in taxation, and ensuring proportional tax obligations. The present study aims to examine the synergistic role of judicial practices and jurisprudential principles in realizing tax justice. Materials and Methods: This research is theoretical and descriptive-analytical. Data were collected through library research, consulting documents, books, articles, and the rulings of the Administrative Justice Court Findings: Examination of regulations, judicial rulings, and jurisprudential principles indicates that judicial intervention clarifies rules, reforms administrative practices, enhances predictability, and fosters coherence in law enforcement. Jurisprudential principles also ensure horizontal and vertical justice, limit harmful taxes, and protect the rights of financially vulnerable taxpayers. Conclusion: The integration of judicial practices and Jaʿfari jurisprudential principles can strengthen tax justice, provide reliable sources for executive management and regulatory interpretation, and guarantee a balance between the government and taxpayers. https://journal.ihrci.ir/article_240916.html Background and Aims: The role of shareholders in bringing derivative actions on behalf of joint-stock companies constitutes one of the fundamental issues of corporate law, as this mechanism serves as an instrument to ensure corporate governance and prevent managerial abuse. In comparative law, particularly in Iran and France, shareholders may, under specific circumstances, initiate legal proceedings on behalf of the company in order to obtain compensation for damages suffered by the company.Materials and Methods: This research is theoretical in nature and adopts a descriptive-analytical approach.Ethical Considerations: Throughout the preparation of this study, authenticity of sources, honesty, and academic integrity were fully observed.Findings: In Iran, the 1967 Amendment to the Commercial Code provides the primary legal framework for this institution; however, limitations such as minimum shareholding requirements and scattered judicial precedents reduce its effectiveness. In contrast, French law, by recognizing the “action sociale ut singuli,” offers a more flexible mechanism with greater protection for minority shareholders, while French judicial practice has played a decisive role in the development and interpretation of this institution.Conclusion: A comparative analysis reveals that while both legal systems align in recognizing shareholders’ rights to bring such actions, significant differences exist in the conditions for initiating lawsuits, enforcement mechanisms, and practical efficiency. https://journal.ihrci.ir/article_243515.html Background and Aims: This study aims to examine the conflict between freedom of contract and consumer protection in the digital economy from both legal and Ja'fari jurisprudential perspectives. With the expansion of electronic transactions and digital contracts, the potential for inequality and injustice toward consumers has increased. The main research question is how to achieve a balance between the parties' contractual freedom and the protection of consumer rights.Materials and Methods: This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.Findings: The study finds that, on one hand, freedom of contract is recognized as a fundamental principle in civil law and Ja'fari jurisprudence; on the other hand, restrictions such as the prohibition of uncertainty (gharar), injustice (ajhaf), and harm are applied in jurisprudence and consumer protection regulations within civil law and electronic commerce.Conclusion: Achieving a balance between freedom of contract and consumer protection requires integrating legal and jurisprudential measures, ensuring that contractual freedom is preserved while protecting consumers from the adverse effects of unfair contracts. https://journal.ihrci.ir/article_243522.html Background and Aims: In Iranian law, negotiation is regarded as one of the most significant mechanisms for resolving commercial disputes—both as a preliminary tool facilitating other methods such as arbitration and conciliation, and as an independent approach with binding and legal effects. The present study aims to elucidate the legal status of negotiation in the settlement of commercial disputes within the framework of Iranian law. Materials and Methods: This research is theoretical in nature and follows a descriptive–analytical methodology. Ethical Considerations: Throughout the research process, authenticity of sources, honesty, and academic integrity were fully observed. Findings: Although the Iranian legal system has not explicitly recognized an independent institution under the title of “commercial negotiation,” the general principles contained in the Civil Code, the Commercial Code, and arbitration regulations provide sufficient capacity for its recognition. Moreover, a comparative analysis with international instruments demonstrates that negotiation not only reduces litigation costs but also plays a fundamental role in enhancing trust and ensuring the continuity of commercial relationships. Conclusion: In light of the principles of good faith and freedom of contract, it is possible to consolidate the legal standing of negotiation in the Iranian legal system and even render it contractually binding. Therefore, it is recommended that Iranian policymakers, drawing upon international models, enact specific regulations concerning “pre-arbitration and pre-negotiation agreements” to strengthen negotiation as an effective and sustainable mechanism for resolving commercial disputes. https://journal.ihrci.ir/article_235716.html Background and Aims: The purpose of this study is to analyze and explain the mechanisms for protecting the rights of third parties in the process of managing joint-stock companies within the framework of Iranian and English law.Materials and Methods: This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.Findings: In Iranian law, the principle of mandatory regulations governing the rights of joint stock companies is in place; while in England, the principle of complementary regulations governing joint stock companies exists except in matters where there is a possibility of violating the rights of third parties.Conclusion: The main legal mechanism in Iran and England to protect third parties in the process of managing joint-stock companies is the lack of effect of violations of the governing regulations on the rights of third parties and the inability to rely on decisions and transactions against individuals, which results in the need to compensate for damages in favor of third parties. https://journal.ihrci.ir/article_243519.html Background and Aims: Conditional (floating) ownership in the contract of pledge is a complex and influential concept in Jaʿfari jurisprudence and Iranian law, which has long been subject to scholarly debate and disagreement. This study aims to reevaluate the jurisprudential and legal norms governing conditional ownership in pledges through an analytical approach.Materials and Methods: This research is theoretical in nature. The methodology is descriptive-analytical, with data collected through library research, including books, legal documents, and academic articles.Ethical Considerations: Throughout the research, authenticity, honesty, and integrity in handling sources were strictly maintained.Findings: The findings indicate that in Jaʿfari jurisprudence, conditional ownership in pledges faces divergent views regarding the transfer of ownership to the pledgee and limitations imposed by general principles such as la darar, creating practical and legal complexities. In Iranian law, examination of civil codes and the case law of national courts reveals legal gaps and inconsistencies in the execution of pledges and protection of parties’ rights.Conclusion: The results suggest that reevaluating jurisprudential norms and reforming legal regulations can ensure more secure execution of pledge contracts, safeguard the interests of both pledgor and pledgee, reduce judicial disputes, and enhance transactional security. https://journal.ihrci.ir/article_238532.html Background and Aims: In order to establish order in all activities related to the country's capital market, the Securities Market Law has assigned the responsibility of handling regulatory issues to the board of directors of the stock exchanges and has entrusted the appeal of those votes to the Stock Exchange Organization. The present study discusses the feasibility of complaining about the pending votes issued by the Stock Exchange Organization in light of the right to appeal.Materials and Methods: The method of this article is descriptive and analytical, and the tool used is library.Ethical Considerations: In writing this article, ethical principles and integrity have been observed.Findings: By examining the process of drafting regulations for disciplinary issues, it is clearly evident that many amendments have been made, and that there have been repeals and changes to disciplinary issues and penalties, which indicates the diversity of opinions within the Stock Exchange Organization in drafting regulations. The fundamental principles of the country's legal and judicial justice, in accordance with the principles set forth in the Constitution, recognize appeals and lawsuits for everyone and place the judiciary as the basis for judgment. Therefore, entrusting some specialized matters to non-judicial authorities is not a reason for the lack of oversight of the decisions issued by the Stock Exchange Organization. As the legislator has declared the Supreme Council of the Stock Exchange to be the authority to handle complaints against the Stock Exchange Organization, it has simply ended the handling of the stock exchange organization by applying finality to disciplinary decisions.Conclusion: The fact that the decisions of the Stock Exchange Organization cannot be appealed in the Administrative Court of Justice does not mean that it is denied from being heard in the courts, but according to general principles, if a matter cannot be heard in the Court, it can be heard in the courts, and the unanimous decision of the Administrative Court of Justice regarding the decisions of the Stock Exchange Organization is simply because the legislator has specified that it is a non-governmental public institution, and in the opposite sense, these decisions are appealable. Since the country's stock exchange organization is essentially governmental due to the government's dominance over the majority of the members of the Supreme Council of the Stock Exchange, and the philosophy of hearing the decisions of government authorities is in the Constitution, the supervision and appeal of the stock exchange's disciplinary decisions in public courts is certain. https://journal.ihrci.ir/article_243992.html Background and Aims: The present study aims to design a local model for regulating labor relations with an emphasis on decent work in the two Islamic countries of Iran and Afghanistan. The main issue is how to design a balanced and sustainable system for regulating labor relations by combining the jurisprudential principles of justice and human dignity with international labor standards. The central question of the study is: What is the desired model for regulating labor relations in the two Islamic countries with respect to the components of decent work and what mechanisms should be adopted to achieve it?Materials and Methods: The method of this article is descriptive and analytical, and the tool used is library.Ethical Considerations: In writing this article, ethical principles and integrity have been observed.Findings: Despite cultural and jurisprudential commonalities, both countries face challenges such as weak supervision, lack of effective social dialogue, and dominance of the informal economy. The proposed research model is based on three pillars: 1. The government as a supervisor and policymaker; 2. Tripartite social dialogue between workers, employers, and the government; 3. Institutional self-regulation with independent supervision.Conclusion: The transition from centralized government regulation to participatory and accountable regulation, along with the establishment of institutions such as the Supreme Council for Labor Regulation and the Decent Work Inspection Organization, can ensure the realization of social justice and human dignity in labor relations. https://journal.ihrci.ir/article_243991.html Background and Aims: One of the most important theories presented in the field of criminal sociology is the pressure theory, which has a triple analysis of sociological, criminological and economic crime and was subsequently completed by Agnew after Robert Merton. Our goal is to express and explain that theory from the perspective of economic jurisprudence in order to understand the roots of crime. Materials and Methods: This research is theoretical; the research method is descriptive-analytical, and the method of collecting information is library-based and by referring to documents, books, and articles. Ethical considerations: In all stages of writing this research, honesty and trustworthiness have been observed, while respecting the originality of the texts. Findings: The impact of the economy on crime is one of the certainties of this research and that the unequal distribution of means to achieve ideals and goals can sometimes lead to crime. The personality of individuals in the face of pressures determines the results. . Conclusion: Strengthening the personality traits of individuals along with reducing class differences can reduce crime. https://journal.ihrci.ir/article_220679.html Background and Aim: The neoliberal approach dominates Iran's economic, monetary and banking system. In what situations and under what conditions has neoliberal policy-making dominated Iran's economy, and what consequences does it bring, and what contributions can Islamic economics make in this area, are innovative topics that have been discussed in this article. Materials and Methods: This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles. Findings: Self-interest in the prejudiced principles and ideas of neoliberalism seeks techniques that maximize personal/private profit and benefit. The above cases have been institutionalized in Iran's neoliberal economic policy, which has an angle with Islamic economic policy. Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed. Conclusion: The economic policy of Islam is to eliminate usury, implement profit and institutionalize zakat, and also deal with extravagance. In terms of methodology, there is a need to reconstruct the three main principles of financial policy and Islamic economy in Iran; 1) monotheism and brotherhood, 2) the principle of work and productivity and 3) increasing the principle of income distribution. https://journal.ihrci.ir/article_225886.html Background and Aim: The slow pace and failure to achieve economic development goals in the Islamic Republic of Iran، which have been pursued and implemented after the Islamic Revolution and in the form of six development programs، is considered one of the main issues and concerns of the country today. In this regard, the aim of the present study is to explain the structural economic obstacles to the implementation of economic development programs in the Islamic Republic of Iran, focusing on the shadow economy. Materials and Methods: This research is theoretical and the research method is descriptive-analytical. Findings: Activities outside the formal economy can be divided into four sectors: household، informal، irregular، and illegal. The shadow economy exists in most countries، especially developing countries. This phenomenon has various effects on the social and economic life of the country's people and can have a negative impact on the stability and economic growth of the country. Ethical Considerations: In order to organize this research، while observing the authenticity of the texts، honesty and fidelity have been observed. Conclusion: The shadow economy in Iran is one of the structural economic challenges that acts as one of the main obstacles to achieving the goals of economic policies and development programs. Accordingly، at the end of this research، necessary suggestions in the field of application and studies have been presented. https://journal.ihrci.ir/article_226446.html Background and Objective: Any lawsuit brought during the proceedings of another case by the plaintiff, the defendant, a third party, or the main parties against a third party is referred to as an “incidental claim” (Da’va-ye Tāri). If this claim is related to or shares a common origin with the main claim, it must be filed in the same court where the main claim has been lodged. The possibility of raising incidental claims in both arbitration and judicial proceedings has been acknowledged by the legislator. The legislator has established specific conditions for filing such claims in arbitration and court proceedings. The purpose of this study is to comparatively examine these conditions in the two forums. Method: This study follows a descriptive-analytical method. Ethical Considerations: Throughout the writing of this article, textual originality, honesty, and academic integrity have been observed. Findings: Incidental claims in both judicial and arbitral proceedings are subject to general and specific conditions, including the existence of a legal interest, legal capacity, standing (i.e., locus standi), a necessary connection or common origin with the main claim, submission within the prescribed time limit, and adherence to subject-matter jurisdiction. Conclusion: The comparative analysis shows that although there are similarities in the conditions for filing incidental claims in court and arbitration, there are also significant and essential differences. These differences primarily stem from the consensual and contractual nature of arbitration. https://journal.ihrci.ir/article_230365.html Background and Aim: Organizational theory, which is a legal establishment close to the new economy, along with the principle of free will in economic and commercial law, analyzes the nature of structures, both in form and content. This research, with the aim and assumption of the effectiveness of organizational management, examines its encounter with challenges and opportunities, taking into account jurisprudential foundations. Materials and Methods: This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library. Findings: Organizational theory can be considered as an expression of the will of individuals to freely contribute to improving performance and innovation in companies. This theory and its main variables are acceptable within the framework of jurisprudential principles. Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed. Conclusion: Organizational theory will be comprehensive and efficient if it is redefined and linked to freedom within the framework of jurisprudential requirements and principles. Laws are faced with frequent conflicts between public order and government intervention, which are not compatible with the goals of the private economy. The principle of freedom of companies according to Article 144 of the new trade code can create a huge transformation in this field with the approach of organizational theory based on free will, without undue government intervention. https://journal.ihrci.ir/article_234344.html Background and aims: Social security is a dynamic concept that is defined by various interpretations related to culture, tradition, human values, beliefs, social law, stage of economic development, population size, and financial resources, and its goal is to make financial assistance available to individuals in society.Materials and Methods: This research is theoretical and its method is descriptive-analytical. The method of collecting information was library research and by referring to documents, books and articles.Ethical considerations: In all stages of writing this research, honesty and trustworthiness have been observed, while respecting the originality of the texts.Findings: The social security model of early Islam, in terms of income, was mainly based on the surplus income of economic agents and public government resources, and in terms of costs, the coverage of the model generally consisted of people deserving of assistance. And entitlement was a principle.Conclusion: Social security was based on a regional and neighborhood approach. Emphasis was placed on the absolute priority of allocating Zakat al-Maal and Zakat al-Fitr of each region to the needy in that region, and the overall orientation of tax resources and expenditures was in line with social security. And the region was the centerpiece. Merit-based approach is a principle in Islam. https://journal.ihrci.ir/article_238530.html Background and purpose: damage reduction is one of the important issues in the field of international arbitration, which is discussed in the field of contracts and compulsory guarantees. The purpose of this research is to examine the rules governing damage reduction in the oxide arbitration procedure. Materials and methods: The method of this article is analytical and descriptive and the research tool is library. Ethical considerations: In the writing of this article, documentary referencing and trustworthiness are the basis. Findings: Damage reduction for the purpose of justifying logical, rational and calculating behavior expects the plaintiff to adjust his behavior based on preventing the spread of damage. Therefore, creating a kind of forecast to negate more damage is one of the important achievements of damage reduction in the IXID arbitration procedure. Therefore, the abuse of the right and proceedings and efforts to reduce damages against the victim is the result of IXID arbitration. Conclusion: The important result of IXID arbitration is preventing unnecessary damages, preventing unfair proceedings by governments against foreign nationals, including investors, advising the petitioner to avoid further losses and comprehensive damages, reproducibility of votes for fair proceedings and creating responsibility. It is for loss. https://journal.ihrci.ir/article_244054.html Background and Objectives: The oil and gas industry, as one of the most important and strategic economic sectors in producing countries, requires efficient financial and transactional laws and regulations. This research examines the existing laws and regulations in the oil and gas sector and aims to identify the challenges and opportunities in this field to improve financial and transactional processes. Materials and Methods: This article is descriptive-analytical. The materials and data are qualitative, and note-taking was used to collect information and data. Ethical Considerations: In this article, the authenticity of texts, honesty, and trustworthiness have been observed. Findings: The findings of this research indicate that financial and transactional laws and regulations in the oil and gas sector in different countries vary according to the political and economic conditions of those countries. Also, the existence of strong supervisory institutions and appropriate tax systems can help reduce corruption and increase transparency. Also, compliance with environmental requirements in laws is one of the important issues that should be considered. Conclusion: Creating a comprehensive and transparent legal framework in the field of oil and gas laws can lead to attracting more investment, reducing corruption, and promoting sustainable development. Optimal utilization of all the capacities of this industry requires making the necessary reforms in the laws and focusing on strengthening supervisory institutions. https://journal.ihrci.ir/article_244055.html Background and Objective: The economic interests of minors are not limited to meeting their economic and physical needs until they reach adulthood, but due to the conditions resulting from economic developments, including inflation and the decrease in the value of assets and capital, the future of minors in terms of using their potential capital and assets is an important issue. The present study seeks to examine the abandonment of minors' economic interests from the perspective of the jurisprudential rule of observing envy. Materials and Methods: The present article was written using a descriptive-analytical method and library tools. Ethical Considerations: The article was written with the principles of trustworthiness in mind. Findings: Articles 1183 and 1184 of the Civil Code, the Law on Hasbi Affairs, and the Law on the Protection of Children and Adolescents approved in 2010 each have taken into account the economic interests of minors in different ways, but they did not pay special and explicit attention to the dimensions of abandoning minors' economic interests from the perspective of observing envy in terms of looking ahead to the economic situation of minors. It is desirable that the aforementioned articles, in the form of a not terms of neglecting to meet the economic needs of minors after puberty is an example of the guardian's abandonment of the act, causing harm and loss to the minor and hardship for him, in which case the compulsory guardian, executor or guardian is considered responsible and is obliged to compensate for the damage. https://journal.ihrci.ir/article_244056.html Background and Objective:In Islamic legal systems, the concept of “loss of opportunity” as a form of non-pecuniary and potential damage does not hold a clearly defined position within the framework of civil liability. This study aims to analyze the jurisprudential and legal possibility of claiming such damages based on the Islamic legal maxim Lā Ḍarar (no harm), while also considering the economic implications of recognizing such liability. Findings:Analysis of jurisprudential texts indicates that the Lā Ḍarar rule, by accepting a customary and economic interpretation of harm, allows for compensation of opportunity loss—provided that the damage is certain and a causal relationship between the defendant’s conduct and the lost opportunity can be established. Comparative findings also suggest that in many Islamic countries, such as Egypt, Iraq, and Saudi Arabia, legal or judicial approaches are gradually moving toward limited recognition of such compensation. Conclusion:From both jurisprudential and economic perspectives, compensating for lost opportunities is justifiable in terms of promoting justice and enhancing economic efficiency. It is recommended that legislators revise existing laws to broaden the definition of “actual damage” and establish clear mechanisms for calculating probabilistic losses. https://journal.ihrci.ir/article_244057.html Background and Aim: Prior to 2018, Iran's foreign exchange resources were largely stable due to oil sales, but subsequent sanctions significantly constrained the government's ability to manage the non-oil economy, highlighting the importance of repatriating export revenues. This study aims to evaluate and critique Iran's criminal policy regarding the repatriation of export-derived foreign currency and to analyze the strengths and weaknesses of related regulations. Materials and Methods: This research is theoretical and its method is descriptive-analytical. Findings: The late role of the Islamic Consultative Assembly can also be criticized from various aspects, and it is necessary to reform the law in future amendments to make the criminal policy in this area more effective in terms of postponing the implementation of the law to the regulations, the inability to properly monitor the methods of returning foreign currency from exports, and granting exclusive authority to introduce violators to the working group. Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed. Conclusion: The results of this research show that the regulations in this area are very dynamic and the government has the authority to change these regulations; however, this dynamism has prevented the development of adequate and effective enforcement guarantees for violators in this area. https://journal.ihrci.ir/article_244058.html Background and aim: The background and purpose of this research is to clarify the differences and similarities between the Iranian legal system and FIDIC regarding the management of force majeure and hardship and to analyze how these concepts affect the rights of the parties to the contract. Methods: This research is of a theoretical type and has been carried out using a descriptive-analytical method. Ethical considerations: In this research, the principles of trustworthiness, honesty, neutrality and originality of the work have been respected. Results: Force majeure and hardship in Iranian and FIDIC law have similarities in general aspects, but there are significant differences in the details and implementation of these concepts, which can emphasize the need to formulate up-to-date and flexible contractual clauses to properly protect the rights of the parties in changing circumstances. Conclusion: In Iranian law, force majeure generally refers to natural and unforeseeable events whereby the parties can be exempted from their contractual obligations, while hardship refers to economic or social changes that are usually foreseeable but can have severe effects on obligations. In the FIDIC legal system, there are specific clauses to address force majeure that allow the contractor to extend the contract period and be exempted from performing obligations in the face of uncontrollable circumstances, while the effect of hardship requires strong documentation and reasons to justify changes in the terms of the contract. https://journal.ihrci.ir/article_244059.html Background and aim: Privacy in the workplace from the perspective of law and jurisprudence is a sensitive and important issue due to the challenges between the rights of workers and employers. On the one hand, employees provide their employers with a lot of private information for employment and during work, and on the other hand, employers need to monitor and collect information to protect their economic interests and workplace security. The purpose of this study is to provide a comprehensive legal and jurisprudential framework to balance these mutual rights. Methods: This research is of a theoretical type and has been carried out using a descriptive-analytical method. Ethical considerations: In this research, the principles of trustworthiness, honesty, neutrality and originality of the work have been respected. Results: From a legal perspective, although there are no specific and codified laws in Iran, the Privacy Protection Bill has attempted to establish frameworks for electronic surveillance. Conclusion: It seems necessary to develop a comprehensive and transparent law that defines the boundaries of modern surveillance, especially in the field of information technologies. This law should be inspired by the jurisprudential and ethical foundations of Islam and, taking into account the developments of the information age, seek to create a healthy, safe and trust-filled work environment. https://journal.ihrci.ir/article_244063.html Background and Aim: In the Iranian legal system, international commercial custom in the hydrocarbon industry plays a significant complementary role in determining and interpreting the consideration in oil contracts. The historical evolution of customary mechanisms for pricing and quality assessment—from the era of the Seven Sisters to modern futures-based financial instruments—illustrates the dynamism of these standards. This study aims to examine the validity and function of custom in interaction with Iranian legal rules and the principles of Imamiyyah jurisprudence in resolving ambiguities related to consideration. Materials and Methods: This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles. Findings: An analysis of judicial practice shows that commercial custom has a decisive practical role in areas such as the time and place of transferring consideration, allocation of price-related risks, and assurance of product quality. In Imamiyyah jurisprudence, principles such as sīrat al-‘uqalā, al-ma‘rūf ka-l-mashrūṭ, and the doctrine of contractual intent (taʿbiyyat al-‘uqūd li-l-quṣūd) provide a solid foundation for recognizing and enforcing customary norms. Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed. Conclusion: The findings indicate that alignment between customary standards and both Islamic jurisprudential foundations and domestic legal principles enhances stability, predictability, and legal security in oil contracts, thereby contributing to the development of Iran’s energy law system. https://journal.ihrci.ir/article_244319.html Background and Aim: Taxation is one of the most significant instruments for securing public resources and achieving economic justice in governance systems. However, the expansion of tax violations and the limited effectiveness of purely punitive approaches indicate that effective prevention requires more comprehensive strategies. This study aims to explain the role of participatory criminal policy in preventing tax violations, with an emphasis on the foundations of economic jurisprudence and its connection to criminal justice. Materials and Methods: This research is theoretical in nature and employs a descriptive analytical method. Findings: Active participation of the government, civil society, media, and taxpayers—through tax education, information transparency, strengthening tax compliance culture, and creating incentive mechanisms—can reduce the factors leading to tax violations. Moreover, principles of economic jurisprudence such as justice, public interest, and social cooperation provide significant capacity for enhancing the legitimacy of the tax system and strengthening its social acceptance. Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed. Conclusion: Combining participatory criminal policy with the principles of economic jurisprudence can provide an effective framework for sustainable prevention of tax violations by increasing public trust, strengthening tax culture, and promoting criminal justice.