Journal of Historical Research, Law and Policy

The management of criminal records within the Iranian legal system, despite reform-oriented approaches reflected in higher-level policy documents, has become one of the principal obstacles to the realization of criminal justice and the prevention of recidivism. Employing a descriptive–analytical method and grounded in labeling theory, this study examines the pathology of the gap between “law in the books” and “law in action.” The central issue concerns analyzing the causes underlying the inefficiency of Articles 25 and 26 of the Islamic Penal Code (2013) in eliminating the adverse consequences of criminal records, as well as investigating the process through which “legal punishment” transforms into “permanent social exclusion.” The findings indicate that the duality between “legal rehabilitation” and the perpetual retention of information within law-enforcement databases, combined with indiscriminate occupational restrictions and employers’ risk-averse practices, has resulted in the blockage of reintegration pathways and the emergence of “secondary deviance” among convicted individuals. In effect, the criminal justice system, by preserving what may be described as an institutional “memory of dangerousness,” unintentionally contributes to the reproduction of criminal cycles. To overcome this structural impasse, the present article proposes a model of “hybrid penology,” grounded in a transition from “mechanical exclusion” toward “intelligent risk management.” Key policy solutions include the legal recognition of the right to be forgotten, the specialization and proportionalization of social disabilities, and the smart modernization of the criminal record system based on an access-level classification model. The study concludes that sustainable security lies not in the exclusion of offenders but in their reintegration through data-driven mechanisms and post-penal support measures.

The retention-of-title clause, as one of the effective instruments for securing the seller’s rights in contracts of sale, suspends the transfer of ownership of the sold property until the full payment of the price. This clause plays an important role in deferred-payment and installment sales by protecting the seller’s financial rights, managing risks associated with the buyer’s default or bankruptcy, and reducing legal disputes between the parties. In Imami jurisprudence, the legitimacy of this clause is grounded in principles such as the obligation to fulfill contractual conditions, the rule of dominion, and the no-harm rule. In Iranian law, the retention-of-title clause is also recognized as valid by reference to Article 10 of the Civil Code and the principle of freedom of contract, although gaps such as the absence of official registration for this clause have created limitations in its enforcement. In addition, in comparative legal systems such as those of France and Germany, the official registration of the retention-of-title clause contributes to stronger protection of the seller’s rights against third parties. This study was conducted with the aim of analyzing the jurisprudential and legal foundations of this clause, examining its challenges, and proposing practical solutions to improve its enforcement in the Iranian legal system.

This study critically evaluates the framework of Walt’s balance of threat theory in relation to the emergence of advanced biotechnological systems, such as synthetic biology and genome editing. The central argument is that the structural characteristics of biological technologies, particularly their small scale, inherent concealability, and dual-use capacities, have shifted the balance of power in international security from an objective dimension based on material resources to a subjective and perceptual dimension. Technological developments have reinforced the structural gap between objective and perceived power and have significantly increased the analytical weight of the qualitative components of threat, namely “offensive capability” and “offensive intention.” Redefining Walt’s components within the biological context shows that “aggregate power” is now equivalent to the capacity for biological innovation, “proximity” has shifted from geographical proximity to technological proximity, and offensive capabilities and hostile intentions have become almost inseparable and difficult to identify. Consequently, biological threat is more of a processual construct based on uncertainty than a reaction to an observable material capability. This situation changes the equations of coalition formation and drives actors toward strategies of preemptive balancing. The comparative analysis shows that countries with infrastructural weaknesses in the field of biological monitoring and control, such as Iran, are more vulnerable to the intensification of perceived threat. Accordingly, the study proposes necessary strategies for reducing this perception, including strengthening biodefense, increasing controlled transparency, and enhancing scientific and biological literacy at the national level. Ultimately, biotechnology is presented as a new structural variable that can activate the balance of threat without necessarily requiring a change in material capability.

This study examines the city of Ardabil during the Seljuk period (1038–1194 CE) as a historical turning point in the trajectory of urban transformations from the advent of Islam to the rise of the Safavids. Focusing on the question of “how Ardabil was transformed from a frontier city into a religious-commercial center,” the study demonstrates that the Seljuks, through the policies of Niẓām al-Mulk, a bureaucratic-religious administrative structure, organized urban planning—including the congregational mosque, bazaar, madrasas, dams—a market-oriented economy based on silk, textiles, and metalwork, the organization of guilds and the office of the muḥtasib, and support for Sufism through Sufi lodges and endowments, elevated Ardabil into a multifunctional urban center. These transformations paved the way for the emergence of Shaykh Ṣafī al-Dīn Ardabilī and the Safavid family. The Seljuks created a bridge between early Islam, characterized by Sunni-Abbasid structures, and the Safavid state, marked by Shiʿi-national state formation. Ardabil’s legacy in Shiʿi state-building included local-national identity, the endowment-based structure, militarized Sufism, the Turkic language, and a model of urban planning. Drawing on historical, geographical, and endowment sources, this study presents Seljuk Ardabil as a successful model of a secondary city in shaping major historical transformations.

Geopolitical, economic, and military developments in recent decades have profoundly transformed the structure of power in the Middle East and West Asia. In this context, Iran, as one of the main regional actors, plays a decisive role in shaping the political and security future of this geographical sphere. Using a futures studies approach and drawing on the PESTEL analytical model and the method of strategic scenario writing, the present study examines the trends and driving forces that will affect Iran’s position in regional developments during the period from 2025 to 2035. The research data were collected based on statistics and credible reports from international organizations, including the International Monetary Fund (IMF), the World Bank, the Stockholm International Peace Research Institute (SIPRI), and the International Energy Agency (IEA), and were evaluated in three geopolitical, economic, and military domains through qualitative content analysis and scenario planning. The findings indicate that shifts in regional alliances, developments in the global energy market, the advancement of defense technologies, and sanctions policies are four key variables shaping the future trajectory of the region. Accordingly, three probable scenarios are presented: “strengthening Iran’s strategic role and consolidating its regional position,” “the continuation of pressures and the relative decline of influence,” and “a transition toward multilateral regional cooperation.” A comparative examination of these scenarios suggests that foreign policy flexibility, diversification of the national economy, and the development of technology-oriented defense capabilities will be the most important factors for success in confronting a challenging future. These findings can provide a basis for Iran’s macro-level policymaking and national security strategies in the coming decade.

The Meccan period is regarded as one of the most critical stages in the formation and expansion of the Islamic call; a period during which the Prophet of Islam and his early followers faced a range of social, economic, and political pressures from the Quraysh. The tribal structure of Meccan society, the city’s economic dependence on the Quraysh commercial system, and the status of existing religious traditions created a context in which the Prophet’s monotheistic call was perceived as a serious challenge to the dominant order. Under such conditions, opponents attempted to prevent the spread of this call through methods such as social pressure, economic boycott, security threats, and the persecution of Muslims. The main problem of this study is to examine what strategies the Prophet of Islam employed in confronting this critical situation in order to preserve and sustain the Islamic call. The aim of the study is to explain and analyze the Prophet’s leadership strategies in managing the crises of the Meccan period and to examine how he confronted the structural pressures of Meccan society. Using a historical-sociological analytical method and drawing on sources of Prophetic biography and Islamic history, this study investigates the issue. The findings indicate that the Prophet employed a set of intelligent strategies in managing the crises of the Meccan period, including strategic patience and avoidance of direct confrontation, social networking among followers, utilization of tribal support, migration as a strategy for reducing pressure, and the management of social conflicts. These strategies enabled the nascent Muslim community to withstand the severe pressures of the Quraysh and prepared the ground for the expansion of the Islamic call in the subsequent stage. Accordingly, the Prophet’s leadership during the Meccan period can be regarded as an example of transformational leadership under conditions of structural pressure, which, through the combination of social realism and strategic foresight, paved the way for the continuity and expansion of the Islamic call.

This article examines the role of the Deobandi movement in the reproduction of political-security power in Pakistan by moving beyond reductionist interpretations. The central question is through which institutional, discursive, and network-based mechanisms the Deobandi movement participates in processes of power reproduction. The theoretical framework is grounded in the concept of “power reproduction” and is formulated through the integration of historical institutionalism, symbolic capital theory, and discursive approaches to power. The research adopts a qualitative methodology based on historical-institutional analysis and discourse analysis, encompassing religious-political texts, educational literature, and the discourses of religious and political elites. The findings indicate that the network of religious seminaries, the authority of the ulama, and religious symbolic capital have provided an institutional infrastructure for social and political influence. In dynamic interaction with the state and security institutions, these elements have contributed to the production of legitimacy, the framing of threats, and social mobilization, without being reducible to mere instruments of the state. The internal heterogeneity of the movement further suggests that its connections with politics and jihadism are less inherent than they are products of specific historical and geopolitical contexts. The article concludes that security in Pakistan is not a purely material phenomenon but rather a social and discursive construct shaped through the interaction between the state and religious networks. Therefore, analyses of politics and security in Pakistan remain incomplete without considering the structural role of religious actors. By conceptualizing religion as a source of meaning, legitimacy, and mobilization, this study contributes to the literature on political Islam and security studies in postcolonial societies.

The right to adequate housing, as one of the fundamental social rights, occupies a prominent position within legal systems and state welfare policies. In the Iranian legal system, this right is explicitly recognized under Article 31 of the Constitution of the Islamic Republic of Iran. Nevertheless, the persistence of the housing crisis and the inability of a considerable proportion of citizens to access adequate housing raise a fundamental question regarding the extent to which governmental legislative policymaking has succeeded in realizing this right and the structural and institutional barriers that impede its achievement. The present study aims to explain the requirements and challenges of governmental legislative policymaking in the realization of the right to adequate housing. It employs a descriptive–analytical method and draws upon legal documents, development plan laws, and official reports. The findings indicate that housing policies incorporated into post-Islamic Revolution development plans, although they have undergone discursive and methodological transformations, have generally lacked coherence, continuity, and a sustainable rights-based framework. An examination of programmatic regulations demonstrates that the predominance of broad and generalized approaches, the absence of effective enforcement mechanisms, institutional inconsistency, and policy instability have created a gap between legislation and implementation, ultimately weakening the realization of the right to housing. In this regard, the challenges associated with the realization of this right can be classified into five categories: structural–institutional, economic–financial, legal–legislative, socio-cultural, and executive–managerial challenges, which mutually reinforce one another. The study concludes that the sustainable realization of the right to adequate housing requires a transition from temporary and program-oriented policies toward comprehensive, rights-based, and institutionalized legislation. Accordingly, the enactment of a comprehensive housing law, the strengthening of integrated governance, the reform of financing systems, the diversification of housing models, and the establishment of policy stability and continuous evaluation mechanisms are proposed as the most significant legislative policy requirements in this field.