ارزیابی جایگاه نهاد فقهی- حقوقی در ساختار شورای عالی شهرسازی با ارائه ی پیشنهاد اصلاحی در مراجع دادرسی و کمیسیو نهای تخصصی شورا

Islamic ethics as the controlling system of behaviors has defined the rights of an individual and society and Fiqh (jurisprudence) explains behavioral patterns in accordance with Shari›a (law). Given that each space is shaped according to behavioral pattern of its residents, the mechanism of interpretation and implementation of Islamic Shari›a is reflected in architecture and urban planning process of traditional cities and their environment is actually considered as an interaction between these sciences and planning and implementation process. Islamic ethics as one of the infrastructures of the Iranian Islamic civilization has played a strategic role. Purifying the conscience, providing mental and physical health, and removing human faults are the functions of ethics; however, social life is managed by law. Justice, according to many philosophers, and is regarded as the main basis of law. That is, the legislator must follow the rules of justice. Numerous violations in Iranian urbanism and agriculture along with changing the gardens and farms into residential, commercial, etc. usage result from the wrong infrastructure which has been developed by the decisions of High Council of Urbanism and Architecture and Artcile5 Commission. To improve general culture and to respect the laws and regulations associated with urbanism and architecture, first of all this framework and its forming factors which have legalized the purchase and sale of violations must be amended.