فهرست مطالب عباس سماواتی

The jurisprudential and political thought Imam Khomeini (RAH), is considered the basis for the formation of the Islamic system and its continuation. The progressive principle of Guardianship of the Islamic Jurist, which is actually the center of inspiration for the soft power of the Islamic Revolution; In its Islamic ideology, the promotion of the presence of spirituality in society and politics is hidden, which was discovered, emerged and manifested in the Iranian revolution by Imam Khomeini (RAH) became the basis for the establishment of the Islamic system. The purpose of this research is to re-examine the thought of Imam (RAH) based on the theory of Guardianship of the Islamic Jurist, and the main question is that, what are the inspiring models resulting from this thought of Imam Khomeini (RAH) as a source of inspiration for the soft power of the revolution?.The current research is analytical-descriptive and the data collection tool is in the form of documents.According to the findings and results, the idea of the Islamic government (Guardianship of the Islamic Jurist), the authority of the discussion of values and beliefs, the revival of religious identity, designing and expanding the discourse of Islamic awakening, creating a fight against the arrogance of the East and the West, creating Islamic unity and solidarity, expanding the discourse of Islamic resistance, designing the discourse of the Islamic revolution at the global level, and defending the cause of the oppressed in the world are the dimensions and models of the Islamic Revolution.

In a time where security challenges are among the issues facing the Islamic world, this research aims to utilize the deep and extensive capacity of Islamic jurisprudence in explaining national security measures and pursuing the fulfillment of one of the essential needs and demands of Islamic nations. This article, relying on deduction and reference methods, has explored the juridical propositions regarding facing severe threats and national security. In this review, we first examined the approaches to ensuring security in different schools of thought, such as realism (based on power and military force), classical liberalism (based on legal systems and regimes), Copenhagen school (based on the state), and constructivist approach (based on identity and internal processes of society). Then, by expressing some of the theoretical and practical contradictions and impasses of these approaches, we explained the juridical strategy that rests on the foundation of national security values and religious beliefs of the Islamic community. We have looked at propositions derived from the opinions and thoughts of jurists in two areas: hard threats (rebellion and overthrow, Dar al-Harb, combat, and terrorism), and security-generating and supportive elements (jihad, the principle of denial of access, the principle of preserving the "Islamic egg," relationship, the principle of legitimate defense and counteraction, and the institution of the Wilayat-e-Faqih)

 In today’s context, due to the evolving methods of responding to criminal phenomena, there may be instances where the execution of certain legal judgments is temporarily halted by Islamic authorities in order to prioritize higher interests or prevent more significant harms. The Islamic ruler, equipped with two essential institutions—the “secondary ruling” and the “governmental ruling”—can temporarily suspend some judgments or modify their execution methods. Within this framework, the element of “temporal context” grants flexibility to the evidences used for proving crimes, aligning with the realization of dynamic and contemporary jurisprudence. This very aspect underscores the importance and necessity of conducting research that considers temporal context in the application of explicit crime proof evidences.

 The present research employs a descriptive-analytical and documentary methodology. It involves defining the subject matter, consulting legal scholars’ opinions, and analyzing legal principles to arrive at conclusions.

 The research findings indicate that in Islamic legal rulings, including penal judgments, the concept of “temporal context” encompasses the genuine and rational needs of human society in each era, significantly influencing all aspects of legal rulings, especially penal laws and criminal policy. Consequently, the utilitarian approach in Islamic criminal law, particularly the utilization of modern evidences for proving crimes while adhering to temporal requirements, serves as a necessary and opportune perspective. On the other hand, replacing such an approach with traditional legal oaths presents its own challenges.

The importance of the media in today's era is not hidden from anyone. In today's world, the media is considered as one of the most important and influential tools in people's lives and their thoughts. The expansion of media and the use of it by humanity in various fields has caused it to be one of the most important challenges in the last century. The lack of strong laws in various fields of media and the violation of ethics and human privacy in the media have prompted governments to seriously reconsider the legislation in the field of media. Now the question is, who is responsible for compensation if a loss is caused by the media? Because in Iran, the laws and rights are derived from Islamic principles. Considering the damage that some media causes to the rights of individuals, this researchAn analysis has tried to examine the jurisprudential foundations of the civil responsibility of the media in order to make the correct decision of the Islamic State in the matter of legislation.

The genetic changes of plants and animals and its impact on food health are important issues from the point of view of jurisprudence, law and bioethics. The purpose of the current research is to investigate the legal jurisprudence of genetic changes of plants and animals and food health in the light of bioethics with an approach from the perspective of Imam Khomeini (RA).

This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

Although the genetic changes of plants and animals are not haram per se from the point of view of jurisprudence, but if corruption and dangers result from it; It can be declared forbidden and haram by means of the harmless rule.

The results of the article indicate that the change of plant and animal genetics and the use of transgenic plant and transgenic animal products are allowed by resorting to the originality of Abahah. But it should be noted that first, the harmlessness of these products should be proved scientifically.

The emergence of new types of threats against national security with technological approaches has changed the strategies to deal with them in all dimensions. The aim of this research is to evaluate the strategies of protecting the religious community against the diverse and wide spectrum of threats against national security, focusing on religious indicators and components that distinguish it from other materialistic and atheistic schools. After describing the variables and stating the relationship between threats and security, he urged the researchers to list the most important challenges ahead, and present the principles and foundations derived from religious texts according to the types of threats. The findings of the research showed that according to the structure and nature of religious sovereignty, "ideological, cultural and combined technology-based" threats against national security are the most important aspects of threats that require quantitative and qualitative changes in protection structures in order to protect sovereignty and its values. , the new forms and tools of threats are in accordance with Sharia law, which with "spontaneous action of citizens", "strengthening beliefs and enhancing the sense of religious and national commitment" and "implementing religious teachings regarding modern collective responsibility" as a positive strategy to preserve society. are considered

Sheikh Ansari is the first jurist to divide the endowment into profit and for-profit, and this division has been involved in the discussion of the license for the sale of endowments, and has considered the sale of for-profit endowments absolutely forbidden. He did not allow it when the benefit was suspended. This view is famous among jurists, especially the later ones.but in the case of a usufruct endowment, the sale of the endowment must be permitted on the condition that it be for the benefit of the endowment against the interests of the endowment; Because the confinement of the object in the endowment and the prohibition of its sale is a subordinate purpose of the endowment and is in fact a prelude to the benefit of the endowment against the same endowment and the main purpose of the endowment is to abandon the benefits in favor of the endowment against each other. With an endowment, it is not possible, and the sale of the endowment and its conversion is a benefit, it must be said that the requirement of the secondary rule is the permission to sell the endowment.Some narrations also indicate the permission to sell the endowment if it is for profit. Whenever benefactor has allowed the sale of the endowment on the premise that it is for profit, the sale of the endowment will be allowed without any problems based on the benefactor condition.

Religious and ethnic minorities are one of the major concerns of the present age. Unfortunately, there is still discrimination, violence and injustice against this group of human society around the world. In the Islamic legal system, man has a special position and due to the inherent dignity that God has given him, regardless of race, gender, religion, geographical location, economic status, social status and rank, etc., has rights. Which must be respected and respected by members of society as well as the Islamic government. The study of the verses of the Holy Quran and the tradition and biography of the infallible leaders confirms this view and Islam has strictly forbidden oppression and aggression against others and declared it an unforgivable sin. Regarding the People of the Book, this special attention is paid and the Islamic government considers the rights and duties of this group of citizens to be formulated and enforced in the form of a contract of obligation.Some of the principles governing the relations of Muslims with non-Muslims in Islamic society are: the principle of human dignity, the principle of denying the domination of infidels over Muslims (denying the mustache), the principle of composing hearts, the principle of calling to Islam, the principle of benevolence, the principle of integration.

Countries are unable to run their government without establishing relations in the world. Any communication requires the expediency and understanding of the other party, which in the field of international relations without recognizing the enemy of these relations leads to the destruction and exploitation of our country. In all areas, it was based on the will and interests of the other countries. After the victory of the revolution, the relationship with the colonists was due to the lack of interruption and this has led to hostility. Emergency Relationships Is it necessary to know the enemy? This article, using an analytical descriptive method, seeks to respond and examine the enemy from the perspective of the Qur'an and the traditions and principles governing foreign policy and rejecting any one -way relationship and mastery of aliens and considers the negotiations to be recognized as the enemy and their conspiracies.

Extracting and systematizing the views of Islamic thinkers and leaders on "national security and threats" according to the gaps and deep needs of Islamic societies is a committed step towards overcoming the existing challenges. This article, along with the tradition of "security research" and based on the method of "descriptive and analytical" research, has tried to explain the views of two groups of Faghihs - early Faghihs and contemporary scientists, especially Imam Khomeini and the Supreme Leader of the Revolution.The data of the present study show that the statements of national security in the intellectual apparatus of religious leaders formed in each period according to the types and dimensions of threats against the Islamic realm and the lives of Muslims. Hence, in the approach of religious leaders, Ahkams and fatwas related to "security" based on "threats against it", the most important of which are:In a consensus view, based on the book, tradition, consensus and reason, Foghahas and religious leaders have preferred "security" over all government Affairs, and in demarcating it with other schools, they have gone beyond the exclusive scope of government duties and in Addition Authorities have held Muslims accountable in the security process.In the scientific logic and reasoning principles of the Foghahas, "security" has both attributes and the dignity of right and duty.Under the influence of the conditions of the long period of colonialism and hegemony of the powers in the Islamic world, the "internal statements and elements" of the security discourse of the revolutionary leaders have emerged in opposition to the developmental discourse of the Western world.

According to the Islamic Sharia and Imamiye jurisprudence, justice is a condition for the (ruling) leaders, authorities on matters of religion, judges, leaders of congregational prayers, leaders of mid-day congregational Friday prayers, witnesses, trustees, governors of the property of orphans, executors, depositaries. Ordaining such an obligation signifies the importance of justice in Islamic jurisprudence. Holders of public offices – from the leadership to the lowest positions – have to be qualified for being just as a legal condition, an example of which has been seen in prophetic and Alawite government in early Islam; and, its general mechanism is available in IRI constitution, orders by the leaders of Islamic revolution, and orders relating to the responsibilities and government. The present research aimed at studying the consequences of condition of justice for the ruling positions today and providing some usable strategy for the administrators of the Islamic system. On one hand, the spiritual and material development of society, just wealth distribution, welfare, and security are of potential achievements realizable by implementing the condition of justice for the administrators. On the other hand, lack of justice in the governing positions may result in insecurity, noncooperation, class distinctions, economic injustice and corruption, falsification of reality, and divine and human values. It is of necessity to compensate for legal gaps in implementing the condition of justice for governing positions, especially for the middle positions in the government through a proper legislation and its implementation by the administrators. Using descriptive-analytical methods, the present research proves the necessity of condition of justice for the governing positions and impacts of its presence or absence in the government.

Transition from jurisprudence to law is impossible without clarification of the “manner” of shift from one to the other. However, before such transition, the “possibility” of turning jurisprudence into law, or in other words, establishment of a conventional legislation institution, must be first approved in the Sharia law. It is significant, knowing that in the political system of the Islamic Republic of Iran, Majlis or Iranian Parliament is responsible for legislation but in view of jurisprudence, legislation by the Majlis should receive jurisprudential endorsement. The principal question of this paper is about the possibility of conventional legislation institution in Shia jurisprudential literature. The most important theoretical obstacle to legislation is the theory of “comprehensiveness of jurisprudence”. However, if the hypothesis is interpreted through the eyes of ijtihad, we will find out that not only jurisprudence has no inconsistency with conventional legislation, but also it emphatically endorses such legislation. Thus, comprehensiveness of jurisprudence is no obstacle to translation of jurisprudence into law and establishment of a legislation institution. In this paper, we have tried to review this issue with an analytical method and library studies with an emphasis on Imam Khomeini’s views to open a window toward placement of the concept of modern law in Shia jurisprudential literature in terms of specific interests and meeting the rights of the nation. Since, discernment of specific interests is an ultra-jurisprudential issue, it falls beyond the power of religious decrees and state orders.

This article seeks to explain the constructive role in achieving sustainable economic development in society through the results and consequences and propositions of justice from the perspective of Islamic jurisprudence.

The research method is library and reading books and articles is available. Although many articles have been written in this regard, what this article specifically addresses is that sustainable development requires the observance of various dimensions of justice and balanced attention to the cultural, political and economic aspects of society; The perception of injustice has a destructive effect on the development process and overshadows the efforts of human resources and the motivation of social elements.

Ethical considerations:

 In all stages of writing the present study, while respecting the originality of the texts, honesty and trustworthiness have been observed.

Injustice and unequal distribution of social achievements deepen the class gap, weaken national determination and degrade the spirit of effort and activity, and increase the psychological harm of members of society; While sustainable development involves reducing class distance, strengthening national determination, benefiting from healthy and hopeful manpower.

Therefore, the general conclusion of the present study is that observance of justice is the key to survival and sustainability of the development process that we will discuss in this article.

It is easy to refer to the fatwas of jurists in case there is no difference of opinion among them. But in case of difference in fatwas or decrees, how should the conformity between laws and the Islamic precepts be decided? Various opinions have been expressed in response to this question, some considering the fatwa by guardianship of the Islamic jurist as the criterion while others also introducing fully qualified jurist, Guardian Council, commonly passed theories and the like. None of these opinions, however, is free from fault and all of them need expurgation and explanation that is impossible without reviewing such issues as ijtihad and taqlid (unquestioning acceptance of legal decisions by fully qualified jurist). Like many other works on Shia jurisprudence, Imam Khomeini’s book of Ijtihad and Taqlid has been authored without any reference to social and political issues, while the fundamentals of taqlid, that is totally a personal issue, has proved to be short of managing social issues in the majority of cases. Through an analytical method and library studies, this paper intends to first bring to light the positions of these ambiguities and then present a way for removing these problems. Adding martyred philosopher Sadr’s theory of public interests – after putting aside some theoretical flaws – to Imam Khomeini’s intellectual and practical procedures, can present a new basis for the highly debated issue of standard fatwa. The new theory may be titled “fatwa based on mandatory interests”.

Coherence, factors and coherence relationships seem to be a simple issue at first glance, but a more careful look at the subject indicates that cohesion factors play an important role in communicating as the main task of the language. In this research, the importance of the coherence factors in the translation of the Holy Quran in English has been emphasized. In this study, it became clear that neglecting the coherence factors in the translation of the Qur'an leads to non-coherent and non-quality translations. The authors try to investigate the reason how the Qur'an translators can provide precise, eloquent, coherent and acceptable translations that are closer to the text of the Qur'an. Therefore, the researchers have selected three translators of the Qur'an (John Abery who is Christian, Tahereh Safarzadeh, Muslim and Shiite, Abdullah Yusuf Ali, Muslim and Sunni) and also they have chosen two coherent factors of "references" and "contrasts" among the coherent factors based on the Holliday and Hassan model (In research on textual coherence, scholars have put more of Halliday and Hassan's theories in general as a model of work, and have done their research based on them). Accordingly, the authors of this article have examined the translations of three translators for these two coherence factors based on the model in verses 21 to 35 of Yusuf's surah and they also mention their translation differences. Eventually, it became clear that John Arberry had done a more precise, more accurate, more eloquent, and more complete translation than two other translators; because he has been careful about the coherence factors, and he has considered those factors in his translation. As a result, his translation is more acceptable and closer to the source text (Quran).

Currency depreciation is such a remarkable and curious phenomenon, which as it has been continued and intensified, has left unpleasant and unjust effects on Iran's economy in the monetary transactions (esp. in the long term ones). The present theories had been propounded for currency with its past nature, and also the relative stability of its value, are no longer fulfilling the real needs of this condition.Emphasizing the turning point of the change of the nature of currency in the third phase of issuing bank notes and comparing it with the coins in early Islam, this article explains that mere credit currency, especially in the condition of the severe and constant depreciation of the currency, is a new phenomenon which requires new jurisprudential and legal rules, so that higher assurance and validity are secured in all monetary transactions.Therefore, it is necessary for new theorization, bound up with preservation of the jurisprudential principles and rules, to make this subject known again. It also seeks the basic changes that can cause some revisions in jurisprudential rules for money subject to clarification in an analytical method.