Seied Majid Hashemi Toghr Oljerdi,
Volume 4, Issue 3 (12-2016)
Abstract
City and neighborhoods with cultural diversity and interests of citizens, apart from planning of master planning, were residents living and their growth space. Now in the Framework of imitating patterns of master plannings, life and health of citizens is encountered toi jeopardy.
Urbanization and the phenomenon of consumerism, complications resulting from the formation of crowded areas and the procedures of changing the use of gardens and farms are the problems leading the managers and urban planners to optimize land use in urban areas to preserve green space and to develop the control of building density so that it can provide the possibility to create environmental settlements in accordance with the cultural conditions. Architecture and urban planning system has a direct relationship with the culture of society, as far as architecture and urban planning of each country can be considered as the symbol and embodiment of the prevailing cultural conditions. Given the importance of issues such as legal and sustainable revenues, if the income of municipalities causes chaos in architecture and urban planning system, culture and social systems will experience serious problems.
Although imperative architecture does not necessarily result in good architecture but bad commands lead to anomalies in the system of architecture. Human societies are influenced by ethic and are governed by legal obligations. Therefore, law and legal criterion greatly influence the society›s governance and management of city. Architecture and urbanism decisions that are at odds with ethical principles make loose the most important social institution namely the family. With the approval of the establishment of Supreme Council for Planning and Architecture from the end of 1972 the Council became the most important institution that ratified the urbanism criteria and regulations and procedures. This article is formed with the most important question that what are the regulations and legislative acts of the Urbanism Supreme Council in coordination with the aims of Islamic Revolution for making Islamic the architecture and urbanism of Iran and what is the main approval of anti-Islamic urbanism and human. Due to the interdisciplinary nature of the research subject, it is faced with two groups of decisions through library method and semi-structured interview with researchers. The first group only by shape points to the need for Islamic architecture and urbanism. But, the second group has destroyed Iranian and Islamic urban culture and has led to the diversion of wealth from productive to non-productive tasks such as buying land and apartment as inflationary variables in terms of selling building density for more income on behalf of municipalities, regardless of the legal rules and ethical principles such as the rule of jurisprudence “Lazarar” and the principle of “ Justice”, by which harming the sovereignty of the people and the disproportionate distribution of wealth is prohibited. Other findings show that despite the preference of new legal norm on old, every new criterion approved for considering the Islamic principles, respect for privacy and preventing the aristocracy and social rights, is not implemented because of conflict with sale density. Finally, this paper suggests the need to determine the financial stability system for municipal government in form of approval of legal bill of government in Islamic Consultative Assembly and also change the current framework of the Supreme Council for Planning and Architecture in a way that with strengthening its juridical-legal aspect its political function and sectional decisions are reduced and the possibility of deviation from council formation targets is minimized. In other words, the most important aspect that provides the possibility of Islamic urbanism formation is to observe the principle of confidentiality, the right of neighbors and lack of aristocracy in urban decisions and coordination of building regulations of urban development plans with these principles.
Seyedeh Faezeh Etemad Sheykholeslami, Seyed Majid Mofidi Shemirani,
Volume 7, Issue 3 (12-2019)
Abstract
Vernacular community centers in Hamadan city are known Chaman spaces. These spaces as local spaces not only standing for centuries and have not lost their significance but also gradually have achieved to valuable historical role and are invaluable in different perspectives. Chaman spaces are valuable in Specifications of cultural, religious, economic, urban development, traffic and climatically design. At first the necessity and importance of studying these spaces and useful results obtained from studying referred. One of the most important issues that show off face this spaces is special architecture of Chaman spaces. Every city which modern human life in, every day has a new aspect. As far as if after a few years away, come back to his native city, encounter with an unfamiliar face of the city. So cannot easily relationship this new mask with diary previous. Although, in some parts of the Hamadan historic city, dynamic community centers found that these urban living spaces designed in the base of human needs and behaviors. In Chaman space Physical comfort are supplied by the life-giving earth elements (water and plant), needs of Livelihood are provided with commercial applications and spiritual needs responded by religious and cultural spaces. These are important characteristics of community centers in Hamadan which in terms of common are known «Chaman». These spaces are part of the social and cultural identity of Hamadan. Chaman spaces and buildings around it is still a special place located at the nodes of the city and qualified values are a sign of a city.
In Islamic culture, various aspects of the structure of vernacular community centers in Hamadan city is coordinated with Islam laws. How are vernacular community centers in Hamadan commitment to the ten principles of Islamic jurisprudence is the most research question: Reason as a tool of jurisprudence, fixing the principles, ramify details of general principles, Relativity in jurisprudence, Integrity all the rules, paying attention to all aspects of the human, according to priorities and expediencies, Harmony with the laws ruling, Full freedom in some areas, Five task orders, Secondary and governmental laws. The hypothesis of this research is: Vernacular community centers in Hamadan are outstanding example of Practical adherence to Islamic rules in Islamic architecture and urbanism of Iran. The aim of this research is Introducing the leading mode of examples manifestation of the principles of Islamic Iranian architecture and urbanism in local scale. So this research follows the proven correlation vernacular community centers in Hamadan as an example of Iran›s Islamic architectural with practice of Islamic laws. The system of this research is Historical interpretation and the strategy is correlation between vernacular community centers in Hamadan city and Islamic jurisprudence rules. The human base on Islam Have a fixed nature, so sustainability of these community centers in a long times shows harmony between communities with human necessities. Because of that answering to all human needs was paid attention. Response to the human physical dimension, the sense of sight with greenery, sense of hearing with sound of water and hearing the call to prayer, the sense of smell with the smell of flowers and the sense of touch to feel the breeze and air moisture and sense of taste with eating berries from the trees in these spaces respond. Response to the human Spiritual dimension also consider and provide with relaxation, social interaction, vitality and dynamism for the whole family.
Finally, generally pattern and the structure used in the vernacular community centers in Hamadan will be presented. This pattern will provide solutions in designing the community centers with the Iranian Islamic model. Referral forms of pattern Chaman spaces will be efficient in maintenance and repair and revival of existing Islamic community center. The most important principles used in the vernacular community centers of Hamadan city that have been derived from Islamic jurisprudence practical rules are: Gathering the essential needs of neighborhood residents, answering the environmental, cultural and economic needs of neighborhood residents, Priority to pedestrians on the roadway in the campus of community center, Respecting for the rights of neighbors with the building houses in the same heighten in the community and the lack of dominating on houses in the community, Responding to all aspects of human existence, Observing the hierarchy. Discover the pattern used in the body of lawn space can also be very efficient in providing design solutions for neighborhood open spaces.
Dr Mohaddeseh Moeinifar,
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 the field of 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 of it.