(In His Name)
The report of the first scientific meeting on:
"Comparative Law and Islamic Law"
Center for Comparative Law Studies - Mofid University
The international meeting was held on Monday and Tuesday
Sep.20-21. 2010, by the Center for Comparative Law Studies of Mofid University, Qom-Iran
Opening the meeting was presented by Dr. Mohammad Reza Yousefi the Vice-chancellor of Mofid University on Monday with a report of goals and achievements of Mofid University. After him,Dr. Seyed Mostafa Mirmohammadi, director of the Center for Comparative Law Studies of Mofid University made brief remarks to elaborate the programs of the center and called the main purposes of the center, revolving a comparative approach including: Knowledge production and development of Comparative Law Literature, to be familiar with the legal contemporary systems, studying centennial fields, explaining the legal system of Islam, comparative study with other large systems and introducing and teaching of legal Islamic law and Iranian law as well . He also expressed that, the scientific meeting of today and tomorrow, will also be held to show the differences and analogies between the great contemporary legal systems in the field of methodology, public law, commercial law, law of contracts, and right to inheritance with each others and how these issues can be explained wisely and closely in terms of differences and apparent similarities.
After the opening ceremony, the scientific meetings was launched based on six following issues:
The first session titled "Introduction to Comparative Law" managed by Dr. Mohammad Habibi, head of the school of Law at University of Mofid.
The first lecturer of the meeting was Prof. Mohammed Mattar the former professor of the University of Alexandria in Egypt and the executive director of the protection Project at the Johns Hopkins school of Advanced International Studies, who pointed to the" functional Equivalence and Overview of comparative legal systems " and spoke about the language problems and the style of interpretation of Comparative Law.
Afterward,Dr. Saeed Rahaeie the adjunct professor of international law at Mofid University of Qom made his speech entitled "Comparative law and the Islamic legal system, and presented some subjects regarding the comparative jurisprudence, or the science of guilt in Islamic Jurisprudence with the emphasis on Shiite jurisprudence and based primarily on first-class Shiite jurists. In his remarks, he also spoke on the brief history and the origin of the emergence of comparative jurisprudence, and its comparative purposes, and some challenges in traditional jurisprudence in terms of styles and resources.
The second session entitled "Teaching Methodologies of Comparative Law" directed by Dr.Saeed Rahaeie.
The first speaker at the second meeting was Dr. "Frank Emmert", a German-American professor at Indiana University Law School in the U.S and
editor-in-chief of "European Journal of Law Reform. He started his speech with a focus on comparative law methodology and theoretical issues and methods of study. In his opinion, general issues are the most difficult issues. He also believes that there are three factors of language, to get access and contents called as basic problems in comparative studies.
Hojjatol Eslam Dr. Rahim Nobahar the adjunct Professor of criminal Law in Tehran`s Shahid Beheshti University, was another lecturer at this meeting to review the methodology of comparative jurisprudence in Islam and from the viewpoint of passed away: Ayatollah Boroujerdi and his students. He added: It would be effective to understand the religious texts according to Sunni jurisprudence views and for having experience to govern and according to Ayatollah Broujerdi, the main goal of comparative study is to figure out the texts and it is helpful to understand the narratives inherited from immaculate Imams.
The third session entitled "judicial review and Constitutional control " managed by Dr. Nasser Ghorban nia, the adjunct Prof. of international law at University of Mofid.
The first speaker of this meeting was Dr. Mohammed Mattar to begin his remarks with a comparative overview on Islamic countries and cited his regards to the current challenges in Islamic countries. According to this point, he referred to the Islamic comparative study as more advanced and promotional study from the viewpoints of Shiite Jurists, because Shiite Jurists care more about the views of Sunnis. Another speaker at the meeting was Dr. Seyyed Hossein Hashemi the adjunct Professor of criminal Law who discussed about the judicial Review and Constitutional control, Islamic approach and Iranian legal system. He also introduced and referred to the prior and post judicial reviews in Iranian system of Law.
The fourth meeting began on the second day in the morning, entitled: "Right to inheritance in a comparative perspective", managed by Hojjatol Eslam Dr. Morteza Mohammadi, the faculty member of Mofid University.
The first lecture was given by Dr. Mohammed Mattar titled: Right to inheritance in a comparative perspective. In his speech, he expressed some questions about right to inheritance in a comparative perspective and he outlined these questions in four areas; interpreting verses about inheritance, differences of inheritance for men and women, marriage, wills about inheritance and marriage between the Muslims and non-Muslims.
After him, Prof. Seyyed Ali Alavi, the adjunct professor of private law from Tehran University, Pardis campus, presented his lecture. He called inheritance as an indigenous matter, he knew the results of this foundation as they would be, the division of inheritance based on priority, impossibility of transferring the inheritance, and lack of inheritance for adopted ones.
Dr. Nasser Ghorban nia the adjunct professor of international law from Mofid University of Qom was another lecturer at the meeting to introduce and review the Islamic approach on inheritance and answered to some of the questions including: right to inheritance and challenges, disbelief and illegitimate birth. Along with some of the questions and suggestion on some critical points from the participants at the meeting, some dialogue and discussions between professors and the audiences were constructive and fruitful.
Fifth session, on: "Damages in Contracts and Torts" continued on the second day and managed by Dr. Frank Emmert. First, Doctor Mohammed Mattar had a comparative discussion on study of damages in contracts for the system of Common Law, American and Iranian legal systems, and some of the Islamic countries, including: Egypt and Saudi Arabia and paid to some of the challenges and questions about current issues, including: the lack of profit. He also mentioned to some of the raised claims in the U.S and British courts in which the judge refers to the Islamic law.
Another lecturer at the meeting was Prof. Jalil Ghanavati, the adjunct professor of Private Law from the Campus of Pardis, Tehran University, who discussed about the views of Islam on damages in contracts with emphasis on the Shiite jurisprudence and its recent developments occurred after the Islamic Revolution and the establishment of the Islamic Republic system at the time, and mentioned to some of the alterations and the strengths of Shiite jurisprudence doctrine, in the field of damages in Contracts, and also in civil liability. In his opinion, on the principle of compensation for damages, the base of welfare and well-being should be emphasized.
The last session of the two-day meeting, titled: Competition Law, managed by: Dr. Mohammed Mattar.
At first, Dr.Frank Emmert described the history, goals, objectives and principles of competition that being paid and interested by audiences for the new materials of its in the Law atmosphere of Iran. Beside that, the relationship between the phenomenon of power, monopoly and transparency in competition law were investigated in his speech.
After that, Dr. Mohammad Habibi Mojandeh, the adjunct professor of international law, Mofid University, introduced the chapters of Iranian competition law and anticipated institutions concerning with competition law, and he knew that this issue is newly-established. Referring to the challenges of Competition Law, he called the privatization as a logical requirement for development of competition Law in Iran.
The last lecturer at the meeting was Dr. Mohammad Naghi Nazar Poor, the adjunct Professor and head of Economics school from Mofid University. He discussed about the approach of competition in Islamic economics. He also addressed the relationship between competition and monopoly and referred to the Islamic perspective as countering against monopoly for infrastructure of competition and Islam with monopoly means to counter against hoarding. This countering is approved by referring to the practical procedure and sermons of Prophet Mohammad (PBUH) and Imam Ali and religious leaders.
This meeting was finalized on Tuesday Sep.21.2010 with the closing remarks of Dr. Seyed Mostafa Mirmohammadi director of the Center for Comparative Law Studies, Mofid University in Qom and foreign guests of the meeting were granted gifts by vice-chancellor of Mofid University, Hojjatol Eslam
It is worth noting that at the beginning of each meeting, speakers express their views, and then it is continued by questions and answer from the audiences. The Center for Comparative Law studies is considering to publish the articles of the meeting entitled "The collected articles of the first scientific meeting on: Comparative Law and Islamic Law".