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Dr Hamid Reza Arami,
Volume 9, Issue 1 (5-2021)
Volume 9, Issue 1 (5-2021)
Abstract
How to distribute the urban space fairly, in a way that, in addition to protecting the rights of private owners, also respects the rights of the people of the city, is one of the most fundamental issues in the field of architecture and urban planning. Addressing this issue is delayed by accurately understanding the nature of the city space, and calculating the rights involved; In the present article, an attempt was made to address it based on the teachings of legal jurisprudence. According to the results of this research, contrary to Article 38 of the Civil Code of Iran and the opinion of some early jurists, the city space is divided into three main parts based on the ownership of its lower land: "a. The public space of the city, which consists of two parts: space on public thoroughfares and space on private property, beyond the usual height limit. B. Private space, space adjacent to private property, below the standard height, which is located behind the common space. J. "Shared space, space bordering private property, below the usual height, which is adjacent to public spaces in the city. The first type of these spaces is among the public property and is an example of public commonalities and, of course, in public ownership. The second type is private property and privately owned land under it, and people have a easementright to it. And the third type of this space is among the peripheral property that people have the right to share. This perception of the nature of urban space can be effective in re-reading urban laws and, consequently, the realization of citizens' rights.
Zeinab Hayati, Asghar Molaee,
Volume 11, Issue 1 (3-2023)
Volume 11, Issue 1 (3-2023)
Abstract
Certainly, all human activities, including the construction of cities, should provide a suitable environment for his life. The physical structure of cities and every part of them should remind people of spiritual and cultural principles and values. Principles and values should be planned in such a way that all human needs and abilities are taken into consideration. From the Islamic themes point of view, the key context for the flourishing of material and extra-material powers and needs is establishing the fourfold communication of human beings. This research aims to analyze the situation of facade construction in contemporary Iranian architecture, identify the jurisprudential and moral principles governing the facade of residential buildings and explain them according to the principles of Islamic Sharia. The fundamentals and the main roots of this issue and the topics related to it can be found in the Qur'an and hadiths. In this process, the documentary method was used to collect data, and qualitative content analysis and logical reasoning methods were used to analyze the data obtained from religious texts. After extracting the principles related to jurisprudence and ethics, the way they can be represented in the facade of residential buildings was explained. Lastly, to pathologize the existing situation and express the conflicts in the facade of residential buildings compared to the teachings of the Quran and Hadiths, the principles obtained based on the fourfold connections of human beings were examined. The results of this research reveal that contemporary residential facades are disruptive in all four types of relationships, and therefore, the most reproducibility regarding the weakened relationship is related to the relationship between humans and others. In a pathological look at facade architecture, it is determined that the result of the various damages mentioned and the negative impact on urban facades threatens all aspects of human life.
Eng Yahya Jamali, Doctor Minou Ghareh Baglou, Mr Mohammad Jamali,
Volume 11, Issue 4 (11-2023)
Volume 11, Issue 4 (11-2023)
Abstract
The environment around people can affect the formation of their behavior. If the environment does not play the desired role, a part of the chain of moral guidance of the individual and consequently the society will be disturbed. The question of this research is about what are the physical characteristics of the environment that supports ethical behavior. The purpose of the research is to provide physical examples for the environment that can provide a suitable platform for moral actions from the perspective of Islamic thought. This research has been done with qualitative approach and analytical descriptive method and using library resources. In order to answer the research question, the nature of behavior and types of ethical behavior were investigated first. Then the influencing factors on behavior were studied, one of which was the surrounding environment. After that, theories related to how the environment affects behavior were discussed. By examining the environment at three perceptual, behavioral, and physical levels, some of the moral orders found in religious sources at two perceptual and behavioral levels, under the title of religious anthropology and religious sociology, were identified and the factors causing disruption in these orders were identified. Finally, relying on the enabling nature of the environment and the theory of The Holistic Sacredness of Space, physical examples related to each of the perceptual and behavioral parts of the environment were presented in public spaces. With the realization of the physical characteristics presented regarding each of the levels of the environment, we can hope that the environment will become a platform for moral affairs.
Mohammad Bagher Valizadeh Owghani, , Minou Gharehbaglou,
Volume 12, Issue 2 (6-2024)
Volume 12, Issue 2 (6-2024)
Abstract
Being able to take a lesson means avoiding repeating negative experiences and actions, and taking advice and learning from the positive experiences of the past. Throughout history, architectural works have emerged based on the accumulation of human experiences and have been continuous with trial and error. Based on this, the aim of the current research is to explain the function of lesson-taking in different aspects of architectural works. This research, relying on the method of logical reasoning, seeks to explain the category of learning in architecture in three areas: learning person, the subject of learning and the learning process. Due to its educational function, lesson-taking can act in architecture as a way to criticize, learn and benefit from the positive and negative experiences of past architectural works. The lesson-taking category in architectural works includes architects as the creators of the architectural work and people as the creators of the cultural infrastructure of architecture, who by being trained and equipped with the means of lesson-taking can acquire, transfer and correctly use the information of the subject of the lesson (architecture). The subject of lesson is the semantic and physical aspects of architecture, and from the point of view of lesson-taking, what is good and beautiful in these aspects has the ability to instruct and learned from. It is possible to take lessons from architectural works in a conscious process and based on the means of advisability or unconsciously and relying on mental accumulations throughout history. The lesson-taking process and the way of imparting lessons and tips in architecture occurs more consciously for technical and specialized people (architects) and more unconsciously for ordinary people (architecture’s audience).
Architects, under the condition of proper and sufficient education during their studies, due to their scientific and technical view on architectural works, can take advantage of positive and negative experiences of architectural works in a more conscious and self-aware manner; but people and architectural audiences would take lessons from the work of architecture unconsciously and unknowingly due to lack of sufficient expertise. This issue manifests itself mostly in connection with historical and remaining from the distant past architectural works that recognition, criticism, and education of them require expertise and historical knowledge. In other words, architects have an easier connection with architectural works from the distant and recent past, and audiences mostly with existing and belonging to the recent past architectural works. By educating and familiarizing the audience with the architectural values of the distant and recent past, it is possible to lead them towards a conscious lesson-taking from architectural works.
Architects, under the condition of proper and sufficient education during their studies, due to their scientific and technical view on architectural works, can take advantage of positive and negative experiences of architectural works in a more conscious and self-aware manner; but people and architectural audiences would take lessons from the work of architecture unconsciously and unknowingly due to lack of sufficient expertise. This issue manifests itself mostly in connection with historical and remaining from the distant past architectural works that recognition, criticism, and education of them require expertise and historical knowledge. In other words, architects have an easier connection with architectural works from the distant and recent past, and audiences mostly with existing and belonging to the recent past architectural works. By educating and familiarizing the audience with the architectural values of the distant and recent past, it is possible to lead them towards a conscious lesson-taking from architectural works.
Dr Mohaddeseh Moeinifar,
Volume 12, Issue 4 (12-2024)
Volume 12, Issue 4 (12-2024)
Abstract
The right to the city is one of the concepts that has no clear dimensions and the papers written about it are mostly in architecture, urban planning, and social sciences. This concept is ambiguous even in the legal texts of Western countries, and jurists have not been able to express a clear opinion about its dimensions. Accordingly, this study seeks to answer the question that what is the concept, nature, and examples of the right to the city in Islamic jurisprudence.
The nature of this right is a mixture of the rights of the first to the fourth generation and accordingly, it contains numerous and sometimes conflicting examples. It is noteworthy that this right has been considered in international documents, but because other rights do not have the support and guarantee of legal implementation, and as a result, it is included in the list of rights that are known as positive rights and seeks to impose duties and obligations on governments that Naturally, it has not been welcomed by them either. Ambiguity in the concept, content, and examples of this right along with the lack of guarantee of proper implementation shows that simply proposing multiple rights cannot help humanity to achieve its rights and as a result, mankind is still struggling in the abyss of chaos and injustice.
This ambiguity in the laws of Western countries and the ambiguity of its concept in the laws of Iran makes it mandatory to refer to jurisprudential sources to understand its concept. We can see that this right has no background in classical and modern jurisprudence texts by referring to Imami jurisprudence. So, to understand its meaning, you should look for dictionaries. By checking the dictionaries, three words Misr, Medina, and Balad can be considered synonyms of Farsi city. Based on this, to justify the right to the city from among different methods, the method of lawful expression (the language of reason) was taken into consideration and these three words were searched in the Holy Quran and hadiths, and in total several verses such as verses 61 and 126 of Al-Baqarah, 35 of Ibrahim, 2 Balad and 87 Yunus and several narrations were found in this context, all of which in some ways have been able to prove the legitimacy of the right to the city and some of its examples, such as the possession of material and spiritual facilities and the existence of social life in the city. Regarding other examples of this right, one can also refer to the general or special custom and obtain numerous examples.
The nature of this right is a mixture of the rights of the first to the fourth generation and accordingly, it contains numerous and sometimes conflicting examples. It is noteworthy that this right has been considered in international documents, but because other rights do not have the support and guarantee of legal implementation, and as a result, it is included in the list of rights that are known as positive rights and seeks to impose duties and obligations on governments that Naturally, it has not been welcomed by them either. Ambiguity in the concept, content, and examples of this right along with the lack of guarantee of proper implementation shows that simply proposing multiple rights cannot help humanity to achieve its rights and as a result, mankind is still struggling in the abyss of chaos and injustice.
This ambiguity in the laws of Western countries and the ambiguity of its concept in the laws of Iran makes it mandatory to refer to jurisprudential sources to understand its concept. We can see that this right has no background in classical and modern jurisprudence texts by referring to Imami jurisprudence. So, to understand its meaning, you should look for dictionaries. By checking the dictionaries, three words Misr, Medina, and Balad can be considered synonyms of Farsi city. Based on this, to justify the right to the city from among different methods, the method of lawful expression (the language of reason) was taken into consideration and these three words were searched in the Holy Quran and hadiths, and in total several verses such as verses 61 and 126 of Al-Baqarah, 35 of Ibrahim, 2 Balad and 87 Yunus and several narrations were found in this context, all of which in some ways have been able to prove the legitimacy of the right to the city and some of its examples, such as the possession of material and spiritual facilities and the existence of social life in the city. Regarding other examples of this right, one can also refer to the general or special custom and obtain numerous examples.
Neda Amini, Mehdi Khakzand,
Volume 13, Issue 4 (1-2026)
Volume 13, Issue 4 (1-2026)
Abstract
Landscape is not just a place, space, or nature, but rather a connection between human being and the environment with natural, social, and cultural aspects; this connection provides life, survival, and quality of life for various groups of people now and in the future. Therefore it is simulatenously a process and a platform for human interactions. It is also a place for the realization of the rights of different groups of people. The right to landscape is a new concept in the intersection of human rights and landscape. Due to the wide dimensions of the landscape and the multiplicity of interest groups, the rights include many diverse categories, sometimes even conflicting and contradictory. This emerging issue is being widely disregarded. In fact very few legal documents have adressed this issue so far, also, few researches have been done in connection with the issue of right to landscape, specially within the socio-cultural and Islamic context of Iran. Therefore this study aims to define the concept of right to landscape in order to specify its multiple aspests and dismentions and also its legal status to lay basic foundations for correct legislation in the future, utilising the jurisprudence rule of “La Zarar”. This research also, aims to close the mentioned gap, by answering the research question “what is the concept of right to landscape and how can defining the concept of right to landscape and how can jurisprudence rule of “La Zarar” help in its definittion”, therefore it utilizes the research method of reflective thematic analysis. To ensure the validity of the data collected in this study, data were collected through triangulation: open and face-to-face interviews, content analysis of existing documents and researches, and of archival images. To identify events in the context of landscapes, we relied on Strecker's classification of landscapes and examined the events that occurred in them. Thus, in relation to everyday landscapes, the daily environmental interactions of individuals, including daily and routine repetitive activities in which, based on Bourdieu's definition, regarding the landscape as a political arena for the struggle between existing powers for dominance, in relation to cultural landscapes, the cultural, social and religious events formed in the heart of the landscape, in relation to natural landscapes, the landscape which is considered from an environmental perspective and as a natural context, and the keywords spatial rights, citizenship rights, spatial requirements, preferences, defects and deficiencies related to the experience of individuals from each of the 4 categories mentioned in urban landscapes were questioned. The collected data, after being converted into a managable format, were transferred to Atlas.ti 8 software for better a better organization and the possibility of performing in-depth interpretation on the documents, and were examined and analyzed. The number of interviews conducted was 32 and the selected statistical population was randomly selected at different ages and of both genders, male and female. After conducting this number, we achieved theoretical saturation in the data so that no new categories or themes were introduced or produced. In the next stage, for analyzing and interpreting the data, the reflective theme analysis method was used, which is a reflection of the researcher's interpretive analysis of the data set and goes beyond summarizing and categorizing the data and, by identifying hidden patterns and relationships between the data, presents a new interpretation of them and answers the research question. The researcher first extracts the initial codes by categorizing the concepts and then, by finding the connection between them through comparison, juxtaposition and examination, produces the main codes or themes that are obtained in response to the research question from the research data. To ensure accuracy in conducting the research, the six steps proposed by Brown and Clark including 1. Familiarization with the data, 2. Generation of initial codes, 3. Generation of themes, 4. Review and revision of themes, 5. Determination and naming of themes, and 6. Writing the report, as well as the qualitative assessment tool of thematic analysis, which includes twenty questions, were used to ensure the quality of the analysis. Four main categories emerged from the data analysis including, the right to honor and benefit the cultural rituals, identity, religion , the right to dignity and quality of life, the right to health, preservation and maintainance of ecosystem and finally the right to equal access, participation and use of the landscape. The results of the study confirm the relevance of “La Zarar” rule in defining the boundries of the right to landscape. Clarifying the dimensions of the right to landscape and recognizing its boundaries with regard to the latent power structures and local conflicts that lead to the production and reproduction of the landscape, can be a step towards spatial justice, as one of the foundations of Islamic rules and help fulfill the violated rights of the beneficiaries. For the future trajectory of research, it is proposed that other Islamic jurisprudence rules and “Ahadith” be examined in relation to the issue of right to landscape.
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