perUniversity of Judicial Sciences and Administrative Services - Academic Association of University of Judicial Sciences and Administrative Servicesفصلنامه علمی قضانامه2025-1127824articleSayyed Nima Norouzin.nima1376@gmail.com1Department of Jurisprudence and Private Law, Faculty of Sciences and Knowledge, Al-Mustafa International University, Qom Seminary, Qom, Iran<p>Good governance&mdash;recognized today as a central concept in public administration and policymaking&mdash;occupies a profound and elevated position in various schools of thought, including the Islamic and Iranian philosophical tradition. This is especially evident in the works of al-Fārābī, the thought and teachings of the two Leaders of the Islamic Revolution, and the practical conduct of Martyr Ayatollah Seyyed Ebrahim Raisi. This article examines the model of good governance from the perspectives of these three influential thinkers. For al-Fārābī, governance is the process of guiding human beings toward felicity and perfection within the structure of the Virtuous City. The Supreme Leader likewise emphasizes the inseparable link between power, ethics, and service to the people. Martyr Raisi, through his practical approach&mdash;particularly in executive and judicial arenas&mdash;embodied a goal-oriented, field-based, and teleological method of governance. Through an analysis of the foundational principles and defining features of good governance in the thought of these three figures, this study proposes a unified model grounded in justice, ethical conduct, popular participation, and continuous purposeful pursuit within Islamic governance. Unlike many Western governance theories that focus primarily on worldly administrative efficiency, this model is rooted in spiritual and moral foundations and offers a path toward effective and value-driven governance in Islamic societies.</p>http://aujsas.ir/Article/52189Good governance Islamic governance Justice Public participation Teleological orientation Practical conduct (sīrah)perUniversity of Judicial Sciences and Administrative Services - Academic Association of University of Judicial Sciences and Administrative Servicesفصلنامه علمی قضانامه2025-11272545articleMorteza Saeedghaderimortezaghaderi.law@gmail.com1Amin Mirzamaniamin.mirzamani@yahoo.com2PhD Researcher in Private Law, Islamic Azad University, Varamin–Pishva Branch, Iran PhD Researcher in Private Law, Islamic Azad University, Varamin–Pishva Branch, Iran <p>In the complex landscape of modern innovation, excessive and unchecked patent monopolies can become serious barriers to healthy competition and equitable access to technology. Accordingly, this research&mdash;using a comparative analytical method and examining judicial precedents&mdash;explores the doctrine of patent misuse in U.S. law, the mechanism of compulsory licensing under the TRIPS Agreement, and their compatibility with Iran&rsquo;s legal framework.The findings indicate that in the U.S. system, the possibility of temporarily suspending the enforcement of patent rights after establishing misuse serves as both an effective deterrent and a flexible remedy, enabling restoration of the patentee&rsquo;s rights once the violation has been cured. Meanwhile, the international compulsory licensing mechanism, through requirements such as prior negotiation, payment of fair compensation, and limitations on duration and scope of use, provides an appropriate control mechanism against unjustified refusals to grant licenses. A review of Iranian regulations, however, reveals a limited and fragmented set of tools&mdash;such as compulsory licensing&mdash;lacking provisions for temporary suspension of rights or a coherent theoretical structure. As a result, the Iranian framework does not provide sufficient efficiency for preventing or remedying misuse. Therefore, it is recommended that an independent legal provision addressing patent misuse be introduced, along with recognition of temporary suspension of patent enforcement and formulation of relevant judicial guidelines. Such reforms would help align Iran&rsquo;s legal system with international standards and strengthen the balance between monopoly and competition.</p>http://aujsas.ir/Article/52190Patent misuse doctrine compulsory licensing competition law patent rights abuse of rights.perUniversity of Judicial Sciences and Administrative Services - Academic Association of University of Judicial Sciences and Administrative Servicesفصلنامه علمی قضانامه2025-11274667articleAmir Mojtahediamirmojtahedi2003@gmail.com1Faculty of Law, Shahid Beheshti University, Tehran, Iran<p>One of the recurring challenges of social life is the conflict of interests among individuals. Every person, in seeking to exercise their rights&mdash;including property rights&mdash;may act in ways that inadvertently infringe upon the rights of others. A clear contemporary example of such conflict is the growing disputes among residents of apartment complexes regarding the keeping of animals within their private residential units. The root of these disagreements can be traced back to two foundational jurisprudential principles: the principle of taslīt (the owner&rsquo;s dominion over property) and the principle of no-harm (lā ḍarar). Animal owners invoke the principle of taslīt to justify the legitimacy of keeping pets in their homes, whereas neighbors argue that no individual may exercise proprietary rights in a manner that causes harm or disturbance to others, thereby appealing to the principle of no-harm. In shared or common areas of an apartment building, this conflict rarely escalates because existing legal rules and cooperative norms typically enable residents to coexist peacefully. However, in private units, disagreements become more evident and have even led to divergent views among jurists and legal scholars regarding which principle should take precedence. The central question is whether the right belongs to the animal owner or whether the neighbor&rsquo;s right to be free from harm prevails. The present article, through a detailed and research-oriented approach, examines classical and contemporary jurisprudential opinions as well as existing statutory rules to provide a rational and balanced resolution to these conflicts. Solutions are proposed that allow each party to enjoy their rightful benefits without infringing upon the rights of others, ensuring that such conflicts of interest can be effectively avoided.</p>http://aujsas.ir/Article/52191keeping animals shared spaces in apartments private units in apartments principle of taslīt principle of no-harmperUniversity of Judicial Sciences and Administrative Services - Academic Association of University of Judicial Sciences and Administrative Servicesفصلنامه علمی قضانامه2025-11276875articleMohammad Reza ShekordaeiMrhrdadrad@gmail.com1Majid Matin Rasekhm.matinrasekh@qodsiau.ac.ir21. Department of Law, Faculty of Law, Islamic Azad University, Shahre-Qods Branch, Shahre-Qods, Iran2. PhD in Criminal Law and Criminology, Retired Judge, Lecturer, Islamic Azad University, Shahre-Qods Branch, Shahre-Qods, Iran <p>Understanding and distinguishing between different categories of criminal offenses is among the judicial competencies that a judge must carefully observe when explaining charges and attributing criminal conduct to defendants. In this regard, the three offenses of aiding and abetting in adultery (zinā) and sodomy (liwāt), when compared to the ḥadd crime of qawādī and the offense of operating or establishing centers of corruption or prostitution, are so similar in their material elements and statutory definitions that misclassification may arise during the judicial process. The underlying reason is that the ease of commission&mdash;arising from the principle of &ldquo;facilitation&rdquo; in enabling such immoral acts&mdash;causes the role of intermediary conduct and provision of means to appear common across these offenses, placing them superficially within a single category of accusation despite their nuanced distinctions. However, these offenses should not be regarded as devoid of key differentiating features. Paying attention to certain principles&mdash;such as the specific, defined nature of qawādī compared to the broader concept of aiding in adultery and sodomy, the type of perpetration, fulfillment of results required for criminal liability, temporal and spatial considerations, as well as whether the conduct is continuous or instantaneous&mdash;provides judges with reliable tools needed to fulfill their legal functions with precision. Accordingly, this study seeks to clarify the conceptual weight and provide scholarly insight by gathering and analyzing relevant legal and jurisprudential concepts within the framework of this article.</p>http://aujsas.ir/Article/52192Qawādī adultery prostitution ḥadd punishment lawperUniversity of Judicial Sciences and Administrative Services - Academic Association of University of Judicial Sciences and Administrative Servicesفصلنامه علمی قضانامه2025-1127118144articleMajid Mirzaei Chendazabmajidmiirzaei@gmail.com1Mobin RezaeiMobinrezaei471@gmail.com21 Department of Law, Faculty of Law, Islamic Azad University, Shahre-Qods Branch, Shahre-Qods, Iran 2 Department of Law, Faculty of Law, Islamic Azad University, Shahre-Qods Branch, Shahre-Qods, Iran <p>Recidivism, as addressed in Iranian criminal law, can be examined through three core dimensions. The first-dimension concerns defining the phenomenon of reoffending and the complexity it poses to the criminal justice system. The second focuses on the underlying causes that lead individuals to commit crimes repeatedly. The third involves exploring practical strategies to prevent and reduce recidivism, which has become a major social challenge in contemporary Iranian society. The purpose of the present review study is to identify and analyze the factors contributing to repeated criminal behavior, particularly among prisoners who reoffend after completing their prison terms. Many released inmates face significant obstacles when attempting to rebuild a lawful and stable life: lack of savings or financial resources, absence of vocational skills, difficulty securing employment due to criminal records, social stigma, distrust from the community, and even the inability to provide guarantors for job opportunities. These barriers increase the likelihood that individuals will return to criminal behavior, ultimately resulting in a cycle of repeated incarceration. An offender who is released after serving a sentence must receive appropriate supervision, guidance, and support from governmental and civil institutions in order to reintegrate and avoid slipping back into crime. This article examines and evaluates recidivism in Iran by analyzing the contributing factors and its consequences. Through statistical data, case studies, and criminological perspectives, the study seeks to identify patterns of reoffending within social and behavioral contexts. Furthermore, it proposes preventive and corrective strategies aimed at reducing recidivism within the Iranian judicial system and ultimately offers recommendations for improving criminal policies and enhancing public security.</p>http://aujsas.ir/Article/52193recidivism sentence aggravation offender crime prisoners criminology.perUniversity of Judicial Sciences and Administrative Services - Academic Association of University of Judicial Sciences and Administrative Servicesفصلنامه علمی قضانامه2025-1127145159articleAmirhossein FathiAmirhosseinfathi1381@gmail.com1Amirhossein TalebiAmirhossein.talebi106@gmail.com21 Department of Law, Faculty of Law, Islamic Azad University, Shahre-Qods Branch, Shahre-Qods, Iran 2 Department of Law, Faculty of Law, Islamic Azad University, Shahre-Qods Branch, Shahre-Qods, Iran<p>The present article examines the jurisdiction of the Peace Court (Dadgāh-e Solh) in adjudicating crimes committed by children and adolescents. Drawing on Article 12 of the Law on the Dispute Resolution Council, this study analyzes the role of these courts within Iran&rsquo;s judicial system and evaluates their legal foundations, practical mechanisms, opportunities, and challenges in handling juvenile-related offenses. The research method is hybrid, relying on library sources, legal document analysis, and theoretical studies. The article first explores the historical background and objectives behind the establishment of the Peace Court and then analyzes how these courts process juvenile cases as compared with general criminal courts. The findings demonstrate that due to their less formal and more flexible structure, Peace Courts can serve as an effective mechanism for addressing offenses committed by minors. Unlike ordinary courts, Peace Courts emphasize amicable settlement, conflict resolution, and guiding juveniles toward rehabilitation and reform rather than imposing purely punitive measures. This approach not only reduces the caseload burden on general courts but also promotes a more equitable and developmentally appropriate administration of justice for minors. Finally, the study proposes recommendations to enhance the effectiveness of Peace Courts in handling juvenile offenses. These suggestions include strengthening the legal and administrative infrastructure of these courts, improving judges&rsquo; and experts&rsquo; awareness of child and adolescent psychology, and formulating clearer guidelines aimed at preventing repeated offending. These measures can contribute to reinforcing the national judicial system and advancing social and legal objectives in the realm of juvenile justice.</p>http://aujsas.ir/Article/52194Peace Court children and adolescents Article 12 of the Dispute Resolution Council Law criminal justice judicial challenges.perUniversity of Judicial Sciences and Administrative Services - Academic Association of University of Judicial Sciences and Administrative Servicesفصلنامه علمی قضانامه2025-1127160178articleathar darvishe athar.darvishe7531@yahoo.com11 Department of Law, Faculty of Law, Islamic Azad University, North Tehran Branch, Tehran, Iran <p>The role of the family in the custody and guardianship of children is undeniable. At times, the foundations of a family weaken due to various causes and eventually collapse, resulting in a loss of functionality and stability. In such circumstances, the issue of child custody becomes one of the most important and sensitive matters requiring legal and ethical attention. Generally, considering the welfare and best interests of the child, the health of society, and the duty-oriented approach to custody, the obligation of parental custody may be removed when a parent suffers from dangerous contagious diseases, based on the legal maxim of lā ḍarar (no harm). However, given the rights-based nature of custody and the broad scope of altruistic principles (iʾthār), it may not always be possible to rule that it is categorically forbidden for such parents to care for their children. Instead, custody may be temporarily withdrawn and transferred to another qualified individual who is capable of providing proper care and upbringing. The present study seeks to answer the central question: how do dangerous contagious diseases affect child custody and guardianship? Using a descriptive&ndash;analytical method and library-based research, the study proposes the hypothesis that under Iranian law, contagious disease can serve as a legal obstacle to custody. The findings show that custody inherently requires direct contact, visitation, and close interaction with the child&mdash;requirements that are undoubtedly hindered in cases involving serious contagious diseases. Therefore, in certain cases, revoking custody is justifiable. However, with respect to legal guardianship (sarparasti), which typically involves less direct physical contact, dangerous contagious diseases generally do not constitute sufficient grounds for removal of guardianship or parental authority.</p>http://aujsas.ir/Article/52195dangerous contagious disease parents custody guardianship childperUniversity of Judicial Sciences and Administrative Services - Academic Association of University of Judicial Sciences and Administrative Servicesفصلنامه علمی قضانامه2025-1127179196articleSayyed Nima Norouzin.nima1376@gmail.com1Seyyed Samsameddin Qavamisa.choupanpisheh@gmail.com2Department of Jurisprudence and Private Law, Faculty of Sciences and Knowledge, Al-Mustafa International University, Qom Seminary, Qom, IranDirector of the Islamic Management Jurisprudence Foundation and External Lecturer, Qom Seminary, Qom, Iran<p>This paper explores the design and implementation of a novel judicial governance model aligned with the principles and objectives of the United Nations Sustainable Development Goals (SDGs). Traditional judicial systems, often limited to resolving disputes and enforcing existing laws, face increasing challenges in addressing contemporary issues such as environmental sustainability, social inequality, and technological transformation. To overcome these limitations, this study proposes a comprehensive framework built upon four core pillars: sustainable justice, smart justice, impartial justice, and inclusive justice. Sustainable justice emphasizes intergenerational fairness and the preservation of livelihoods and natural resources, ensuring that judicial decisions contribute to long-term stability. Smart justice leverages digital technologies, including online courts, big data, and artificial intelligence, to improve efficiency, transparency, and accessibility. Impartial justice guarantees equality before the law, free from discrimination or external influence, while inclusive justice focuses on providing fair access to legal services for marginalized and vulnerable groups. The findings suggest that integrating these four pillars can transform the judiciary from a reactive legal body into a proactive institution of governance, capable of promoting justice, equity, and sustainable societal development. The paper concludes with policy recommendations for adopting this model in national contexts, highlighting the importance of political will, institutional reform, and international cooperation in advancing judicial sustainability.</p>http://aujsas.ir/Article/52196Sustainable Justice Smart Justice Impartial Justice Inclusive Justice Judicial Governance Sustainable Development GoalsperUniversity of Judicial Sciences and Administrative Services - Academic Association of University of Judicial Sciences and Administrative Servicesفصلنامه علمی قضانامه2025-112776117articleSeyyed Samsameddin Qavamisa.choupanpisheh@gmail.com1Sayyed Nima Norouzin.nima1376@gmail.com2Director of the Islamic Management Jurisprudence Foundation and External Lecturer, Qom Seminary, Qom, IranDepartment of Jurisprudence and Private Law, Faculty of Sciences and Knowledge, Al-Mustafa International University, Qom Seminary, Qom, Iran<p>Islamic and liberal governance are two distinct models of governance that manage and govern societies based on their specific principles. Liberal governance emphasizes individual freedom, private property, and free competition. However, in practice, it faces challenges such as social inequalities, the concentration of wealth in the hands of a few, and weaknesses in ensuring social justice. In contrast, Islamic governance emphasizes social justice, the equitable distribution of wealth, and social responsibility. In this model, property is recognized as a divine trust and should serve the public good. Islamic governance also emphasizes individual responsibility within a religious and ethical community framework and holds the state accountable for ensuring public welfare and reducing inequalities. This paper compares the principles of Islamic and liberal governance in areas such as justice, freedom, property, and governance, analyzing the strengths and weaknesses of each. Ultimately, it argues that Islamic governance can serve as an appropriate model for creating a just and sustainable society, replacing liberal governance.</p>http://aujsas.ir/Article/52458Islamic governance liberal governance social justice "Kowsari" property individual freedom