پژوهشنامه متین
پیاپی 80 (پاییز 1397)

Some Shia scholars are of the opinion that Ibn Abi Omair does not quote a hadith or tradition but from the authenticated narrators. Therefore, in case the intermediary narrator is taken off the chain of narrations to make the tradition a Musral or directly transmitted, it shall be considered an authenticated tradition. On this basis, the majority of Shia scholars have validated Ibn Abi Omair’s Murasil quotations, like his Masanid (collection of hadiths narrated by the companions of the Prophet (PBUH) and Imams). Some others have denied his authentication and differentiated his Murasil from his Masanid. Imam Khomeini is of the opinion that only Murasil narrations of Ibn Abi Omair are authentic, while his Masanid are not authentic and need further document-based studies. Also the people from whom the hadith is narrated must be restudied. Therefore, Mohammad ibn Abi Omair’s quotation from any narrator shall not be a sign of his authentication and accordingly the hadith thus narrated shall not be valid, even if it is a Musral. Also Imam Khomeini rejects Mursals by Consensus Companions and Three-Scholar Consensus other than Ibn Abi Omair and believes that Consensus of Companions quotation of an anonymous or weakly supported narrator shall not be a sign of his authentication. Similarly, any quotation of the Three-Scholar Consensus from an anonymous or weakly supported narrator shall not bring authentication for the narrator

The revolutionary reading of forbidden books in Islamic-Shia discourse, related studies and programs can clarify the mission of the cultural sector of the Islamic Revolution, the procedures for production of revolutionary ideology and intellectuality and its dissemination for a change in the status quo, and finally determining strategies and practical methods to that end. The previous research works were very helpful for the author of this paper to understand the accurate distribution and function of underground books, and the revolutionaries’ reading and study programs more seriously. Important parts of the books and articles on Islamic-Shia discourse were authored and translated by Iranian and non-Iranian theoreticians as well as revolutionary groups and circles. They helped establishment of intellectual and practical path of the revolution, led to the deepening of revolutionary thought, and sustainability of the performance of revolutionaries. The continuation of purposeful revolutionary reading and study programs of the revolutionary forces led to the emergence of an extensive and influential cultural movement that, along with other factors, resulted in final culmination of the Islamic Revolution. Historical evidence and documents will help elucidating this movement and clarifying cultural aspects of the revolutionary act with the help of sociology of reading and books.

Presupposition is a belief that is institutionalized in the mind of the individual under certain time and place conditions or under the effect of social culture, family, economy, etc. and affects his decision-making. The penal lawmakers are no exception to this rule in enacting laws. This research work intends to clarify some of the most important presuppositions that affect penal jurisprudential verdicts. Since these affairs have turned into a postulate in the minds of the lawmakers, it is very difficult to make alterations in them. For instance, the presupposition of the authenticity of a tradition with a single narrator in dealing with the traditions attributed to the Infallible Household of the Prophet (PBUH) has made it impossible to pose any contrary statement. Therefore, the majority of the textual evidences such as statements and hadiths (traditions) have been given priority over non-textual evidences such as evidence by reason and conduct of the wise. However, it seems that the opposite side of this statement, i.e. giving priority to non-textual evidence, must be prioritized since the textual evidences face problems in document validity, attribution and authentication. Moreover, the reasoned understanding of traditions is mainly based on presuppositions that reduce the possibility of pure understanding, and diminish the evidence from pure text to superficial and then to brief evidence. This research work has been development in the context of philosophy of Islamic jurisprudence and penal law.

No objection to the Book of God and the traditions is one major prerequisite for the influence and authenticity of a condition. This is something confirmed in particular by a consensus rule and there is no debate on its authenticity on the part of the jurists. The solid evidence for this claim is the existence of general and particular texts that attest to the influence of a conditional case that is according to the Book of God, i.e. there is no objection to it. By objection to the Book, we also mean objection to the tradition. This is because the Book is the absolute rule of God, whether in the Holy Quran or in the traditions attributed to the Infallible Ones. Therefore, if a condition is not against the book, it shall be deemed influential, otherwise it shall be taken an invalid condition. In case of skepticism on the nature of objection, Sheikh Ansari has recommended interpreting it as a no-objection case. However, there is difference of opinions among the scholars on this point. They say it must be removed by resorting to the general consensus, although some jurists Like Imam Khomeini have found fault with Sheikh Ansari’s view and claim that there is no chance for the principle of no objection, and that, in case of any debate, there will be no chance for enforcement of the principle. This debate has resulted in a bunch of different opinions such as conditioning lack of exit of the spouse from the country, conditioning heritage in temporary marriage, and conditioning liability in rentals.

Paving the ground for government-people cooperation and convergence of people with the Islamic system is among the most fundamental strategies of the Islamic system of government in safeguarding and empowering the Islamic government in line with realizing religious and Islamic ideals. To translate this ideal into action, a review and clarification of the political viewpoints of Imam Khomeini, as the founder of Islamic Revolution is necessary. This descriptive-analytical research work has found out that several factors should be considered for creating convergence between the people and Islamic establishment. These factors are: the existence of a religious imitation personality and a religious leader, public satisfaction and contribution in the affairs and the officials’ abidance by law. Imam Khomeini resorted to his rank of source of religious imitation and leadership as well as establishment of an Islamic republic system of administration. This he did by such measures as participating people in the administration of the country, giving centrality to principles of religious obligation, law and social justice, promotion of simple-life discourse, boosting unity among people, eradicating poverty, promoting self-devotion, and official recognition of the right of supervision for people.

There is no discord on the legitimacy of delegation of the guardian’s authority to the executor of last will concerning the financial matters of the minors. Whatever causes heated debate is the proof of the last will executor’s guardianship on marriage of minors on behalf of their parents. There are three approaches to this problem: the majority of the jurists denounce absolute authority of the guardian in this case; another group of jurists approve absolute authority of the guardian; and the third group of jurists condition legitimacy of such authority to the parents’ clear assertion on the right of marriage. Some jurists, like Imam Khomeini, who have not reached a conclusion from the collection of evidences provided by the above-said three approaches, say no authority for guardian in marriage of the minors is an instance of obligatory precaution. This descriptive-analytical research has reviewed and analyzed the evidences in the aforementioned approaches and concluded that the guardian has authority on marriage of the minors on condition of assertion by the testator.

Profit and loss sharing (PLS) is one of the economic issues that was in force since the inception of Islamic jurisprudence. The early Shia jurists from Sheikh Saduq to Shahid Awwal (Muhammad Jamaluddin al-Makki al-Amili al-Jizzini) and to Imam Khomeini have discussed profit and loss sharing in their books that are now used as the first reference books on PLS.
In this descriptive-analytical research, which has been developed based on library studies, we intend to clarify the fact that profit and loss sharing is a social necessity which accelerates fixed and cash capital turnover. The Islamic society feels the need to PLS charging more than before to comply with the prohibition of interest – that goes counter to religious code of conduct.
This paper intends to review some of Imam Khomeini’s jurisprudential discussions on monetary policies. Since Imam Khomeini, along with other jurists, have directly discussed the profit and loss sharing mechanism, we have directly taken these discussions from his other jurisprudential works. Therefore, some viewpoints and understandings may not be a hundred percent certain and may cause skepticism and conjecture. It is hoped that this paper will be an introduction to more research works by the researchers and academicians for clarification of these urgent financial matters on the part of the universities and theological schools in order to reach resolute decrees on these issues.