نشریه حکومت اسلامی
سال بیست و هشتم شماره 2 (پیاپی 108، تابستان 1402)

There seems no reason to doubt the legitimacy of the obligation to observe some divine decrees. Determining  ‘fixed legal punishment’ (hadd) and ‘penalty’ (taʿzir) for certain forbidden actions such as committing adultery and drinking alcohol is nothing but the obligation to observe the divine decrees in these cases. The discussion is to be raised as to its limit and its generality. The absence of a specific text on the issue has led to the emergence of varying jurisprudential opinions as follows: 1. The legitimacy of the obligation to abandon a type of forbidden act (i.e., those forbidden acts that are liable to fixed legal punishments, but do not have fixed punishments _ not every forbidden act). 2. The legitimacy of the obligation to give up every sin (crime); whether it is an example of a forbidden act or that of refraining from performing an obligatory act. 3. Legitimacy of the obligation to give up every major sin and 4. Illegitimacy of this obligation except in the specified cases. What are the documents supporting these four statements? In addition to deducing and quoting the documents proving the four statements as well as the need for the their veracity, which is a jurisprudential issue, the present article has also touched the issue from a more general perspective and has come to the conclusion that the obligation to observe those divine decrees which are of  social aspects and that their non-observance is considered as an insult to the divine law (Shariʿah) and religious people leading to de-spiritualization, is legitimate and in some cases prove to be essential to be fulfilled.

Resistance is an obligatory doctrine in regulating and managing how to face non-Muslims whose arrogant and exploitative nature involves oppression and dominance on the one hand, and enmity with Islam, Muslims and the Islamic State on the other. Despite the reflection of its principles in scientific circles, resistance, as a strategy in the arena of international confrontations with arrogant and exploitative non-Islamic countries, is a problem that needs to be explored until an appropriate response is found. As an idea and theory, resistance was first proposed by the Supreme Leader on the anniversary of Imam Khomeini’s demise in 2018,  after the term “Khomeini’s doctrine of resistance” in Western think tanks gained popularity and its components were stated in general.This research has been conducted with the aim of explaining the nature of resistance as a strategy in the arena of international confrontations with the mentioned countries and its components in the thought of Imam Khomeini. In addition, it aims to analyse the rational principles of resistance from the perspective of political jurisprudence. To achieve this aim, one has to make a careful study on Imam Khomeini’s opinions and statements, and goes on to categorize and summarize them with the slightest alteration in such a way that it makes it possible to reflect the same key words and analysis of the intellectual perceptions of the found components, and the result is to provide the best description of the resistance strategy in the eyes of ImamKhomeini. Its rational analysis is also the only main principle that should always be considered by the statesmen and politicians of the Islamic State, so that the algorithm and methods of confronting with the mentioned countries are set to preserve this strategy and the ways to achieve it are regulated and managed.

Symbols are considered to be one of the most crutial elements of culture and the consistency of every society depends on the current culture underlying that society. In Islamic literature, the rule of venerating the divine rites has been set to serve the purpose. The mentioned rule is of a very wide function in various social fields and whenever it comes to social affairs, governments are one of the main actors to play their roles. Since, according to the arguments raised by this rule, at a stage, it is incumbent upon compos mentis (mukallaf or one who is obliged to fulfill the religious duties) to venerate the rites –  and failure to do this causes desecration – this ruling sets out requirements for various areas of governance, areas such as making laws, implementation of laws and administration of the country in various areas of domestic politics, foreign policy and international relations as well as in the field policymaking; finally, based on the status of the institutions and organizations of the Islamic Republic of Iran, an operational proposal has been made to establish an independent institution to implement the abovementioned rule.

Terms such as “hisbah”( supervision of the market and public order) and “omūr hesbiyyah” (non-litigious matters) are used in many jurisprudential texts as  matters in a way or other related to the task of a jurisprudent. However, in many of these texts, firstly, there is no clear meaning of the terms, and secondly, the jurists do not agree on the one who can take charge of these affairs. Today, with the expansion of the scope of the jurists’ authorities, the answer to the following two questions is of a double necessity: 1. ‘What is the meaning of “non-litigious matter” in jurisprudence texts?’ 2. Who takes charge of it? 
     In a descriptive-analytical research, the author comes to the conclusion that a “non-litigious matter” has been defined in two jurisprudential meanings, and the second term comes within the authority of jurisprudents, and it is any good deed that partakes of the following elements 1. Taking possession of them by others is initially forbidden. 2. The necessity of taking possession of them and 3. The possibility of interference by the legal authority in giving permission  for the possession of them by others. 
In the discussion on the tenure of “non-litigious matters”, from the words of the jurists, four theories can be deduced, which seems to be among the cases where there is a text on their tenure, as guardianship over the properties of orphans, found properties, something of unknown ownership (a derelict) and other cases. In the specified cases, the reliable believer and in other cases, the legal authority, is held responsible for them.

Globalization is the reality of our world today. It has wide dimensions, including cultural, social, economic, political, and can lead different societies to interact and integrate in these areas. This process, if it is accompanied by the domination of the world’s superior powers (European and American), will be a willingly or unwillingly accidental event in opposition to the process of unification of Muslims based on religious commonalities. 
This article is intended to provide an answer to the question of what challenges the process of globalization – which is accompanied by the dominance of the capitalist system and the world’s superior powers _ can create in the Islamic world; what is its relationship with the formation of a unified Islamic nation and what solutions are suggested to overcome these challenges.The findings of this research, which was carried out in a descriptive-analytical manner drawing upon library sources, show that the globalization aiming to integrating local and religious cultures and imposing a single western culture on the whole world, definitely cannot tolerate the formation of a unified community of a significant part of the world’s population called Muslims, and this is naturally regarded as a threat to the realization of “One Community; Ummah”. And, of course, there are certain considerable strategies to overcome this challenge such as strengthening Islamic culture and increasing cooperation between governments and Islamic societies, avoiding religious differences and Islamic societies’ involvement in media activity (activism) in the world arena, etc.

One of the basic issues concerning Ahl al-Bayt’s life-style is the relationship between these holy entities and politics. In a general classification, two theories have been proposed in this case. The first one is the theory of the opponents of Ahl al-Bayt’s political governance. The second one is the theory of supporters of Ahl al-Bayt’s political governance. Drawing upon the historical-analytical method, this article levels criticism at the first theory expressed by some Wahhabi scholars, religious intellectuals and Zaydi religious scholars. It also  explains the evidence of the second theory expressed by some contemporary Shiʿa scholars.
Misunderstanding the purpose of forming a government in Islam, confusion between not being forced to accept the religion of Islam with not being obliged to implement the rules of Islam, inattention to the scope of the concept of the authority of the Ahl al-Bayt and restricting political activity to armed uprising, lack of understanding all aspects of political activities, partial view of Ahl al-Bayt’s history and the lack of a holistic approach to the history and life-style of Ahl al-Bayt are the most important influencing factors in denying the responsibility of Ahl al-Bayt’s political governance.

With the expansion of different types of tyranny and colonialism in the international system, the globalization of the resistance paradigm is considered one of the necessities of our era. This article  mainly aims to describe and explain the effects of Jihad clarification in spreading the norms of resistance in the international arena, so as to analyze the global functions and consequences of this issue, especially in the world of Islam.The present research examines the question of ‘What role will the clarification Jihad have in making the resistance paradigm go beyond the Iran’s frontier and in expanding it in the international arena, and what are its global functions and consequences from the perspective of Ayatullāh Khāmenei?’ In answering the above questions, the present article rests upon the hypothesis that due to the rationality and innateness of the norms of Islamic resistance, the clarification Jihad can play a decisive role in the stabilization and expansion of these norms as a global paradigm. This will lead to positive international developments towards weakening oppression and tyranny at the international level. This hypothesis is studied and investigated in the present research using a descriptive-analytical method.