فهرست مطالب dr. hosein ahmari

The formation of an efficient government is demanded by Islam for the welfare of society and in order to attain human beings’ perfection and well-being. The present study was conducted to identify the components of governments’ efficiency from the perspective of Islamic public law and teachings. According to Islam, governments and political power are considered legitimate if they are based on a religious foundation.Today, the statesmen in the governments of Muslim societies are prone to ignorance and error because they are deprived of a direct access to an Infallible Imam (PBUH) and lack of an adequate assurance of knowledge, piety and practical entailment. The components required for a government to enhance its efficiency are not identified. The present descriptive study has analyzed the components of Islamic public law and teachings from relevant resources.  The results of this study show that acting on the components of rationality, justice, human dignity, responsibility, God-centeredness, piety, commitment, rule of law, simplicity, coexistence, consultation, security, public oversight, dealing with corruption and accountability, cooperation Welfare and public education, avoidance of aristocracy, establishment of installments and justice, diligence in education, promote political power and efficient organization of governments and Taking care of them facilitates the achievement of the goal and brings stability to the government and the trust of the nation.

In Islamic thought, Shia; He sees the continuity of divine sovereignty in the face of the Imamate and considers the intrinsic aspects of politics as principled and as one of the basic ammunitions of religion and, of course, a fundamental and research matter. The human mind has always been involved in understanding the various dimensions and angles of political power, and some have always sought an answer to the question of who rules and how. Having power is one of the basic conditions for the success of any government in preventing chaos and law enforcement, and in creating security and preventing aggression. Power is exercised when it has legitimacy.In this writing, based on narrative and intellectual sources, we seek to apply the issue of how much the Islamic Revolution, as a model of political power of the present age, the functional results of this power correspond to those principles; But for the reasons stated in this study, we have a long way to go to achieve the desired point in establishing justice and installment and fighting corruption, which we hope to achieve in the near future.

One of the main and key aspects of governance in the political system is the position of judge. Judgment is the most obvious position that is very important from a legal, jurisprudential and social point of view and has many challenges in the governmental organization. It is important because it shows the commitment to the law and the seriousness in doing so in protecting all human rights. In any government, the judge and the judiciary and fair judgment have a high status and great importance. The judge is the executor of the law and the guardian of justice. Judgment is an important matter that among its various subjects, the issue of independence and attributes such as knowledge and being a mujtahid is important and valuable, because the existence of these conditions is the prelude to the realization of justice. For many, the question may arise as to whether the judge should be independent or not and whether the judge's knowledge should be at the level of ijtihad or not. And what are the evidences and principles that distinguish an independent judge and a mujtahid? According to the questions raised, the present study, which has been conducted by the method of documentary and library study, with the aim of jurisprudential and legal study of the independence, science and ijtihad of judges seeks to answer these questions.

The purpose of the present study is to investigate corruption on earth and moharebeh and their examples in Islamic jurisprudence and law. , Has examined the background, pillars and examples of these crimes in the previous laws and their developments in the Islamic Penal Code and new cases that are not mentioned in the previous laws. Prominent examples of corruption on earth and war in ancient jurisprudence include kidnapping, addiction to killing the people of Dhimma and slaves, shroud of theft and non-existence, burning the house of another, mahtal and manbij, sorcerer but in modern jurisprudence and law are the fight against drugs, perpetrators , Bribery, embezzlement and fraud, economic disruptors, crimes of the armed forces, cross-border smugglers, human trafficking, counterfeiters, extortionists and expensive sellers, extortion, unauthorized audiovisual activists, cybercriminals and cyberspace in the fields Creating fear and intimidation, sexual, political, economic and spy and someone who questions the certain rules of Islam and another can and will help.

Specific military and disciplinary crimes are crimes that only the military can commit and it is not possible for civilians to commit these crimes. And has been to deal with the increase in their crimes, hence the establishment of military courts, the development of criminal laws of the Armed Forces throughout history and the comparison of some previous and subsequent laws and its analysis to prevent crime or reduce it in the forces Armed for their health can be essential.

The research method in this article is analytical and descriptive. Findings and

Strategies for the prevention of specific military and disciplinary crimes in Iran's criminal policy can be done in two dimensions: criminal prevention and non-criminal prevention. And considered deterring employees from committing crimes. In case of low impact of the mentioned laws in preventing the occurrence of specific military and disciplinary crimes, using other methods of non-criminal prevention (social prevention and situational prevention), to the desired goals, which is crime prevention and staff correction Put it into action.

In Imami jurisprudence, purity has been considered as a means of dominating other people's property and is similar to intercession. Some consider it as a cause of falling obligations and others consider it as a sale and its rulings are attached to the rulings on the sale of faith to religion and guarantee. However, some have considered the use of purity instead of vengeance to be correct, because if the conditions of purity exist, each of the two religions will reject and abrogate each other. Imam Khomeini's view is also based on the fact that purity is one of the causes of falling commitment and is not considered as a guarantee. The research method of this paper is descriptive-analytical, and information is gathered by the study of books, articles, publications, reputable legal sites in main and secondary sources. The research findings indicate that due to the lack of differences in nature between contractual, judicial and statutory purifications, all of them eventually return to coercive purity. The final result of the research indicates that the jurists in their interpretations have often described purity by force. Therefore, from Imam Khomeini's point of view, purity is also coercive, and in the presentation of works of art and products, this act becomes elementary, and finally, there is a difference between purity and retribution.

Examining the theories of jurists and judges with emphasis on the view of Imam Khomeini on the issue of purity with emphasis on the supply and sale of works of art. Creating insight, awareness and enlightenment of public opinion, as well as with the aim of examining the views of jurists and jurists about purity as one of the causes of falling obligations.

Research questions:

How is the truth of purity and its types analyzed from the point of view of jurisprudence and law with emphasis on the opinion of Imam Khomeini? What effect do the views of jurists and jurists have on the supply and sale of works of art, with a special emphasis on Imam Khomeini's view on purity?

Representation in Hajj has been discussed and argued in various contexts since the early centuries of the Islamic period. In the jurisprudential sense, representation means becoming a substitute for another person to perform a certain action, and from this point of view, it is similar to power of attorney, which also includes the concept of making possession lawful or influencing possession. According to jurisprudence, the deputy in Hajj should have the intention of becoming the deputy and the intention of the curse should be determined by the intention. If the vicegerent dies after entering ihram and entering the shrine, Hajj is permissible for him and the vicegerent, and the vicegerent will be entitled to all the rent. The rule is that it is not permissible to represent two people in one year; But this rule has two exceptions: first, representation in Hajj and second, the occurrence of coercive conditions. The result is that in case of incapacity of the person, representation in the dimensions of Hajj is separate from him. But if there is anything left from the reward after the end of the Hajj, it is a vicegerent for himself. And if the reward for completing Hajj is low, it is not obligatory to complete it on the basis of the curse, unless it is mentioned in the contract. Therefore, the present article, taking into account the above issues in a descriptive-analytical manner and relying on jurisprudential sources and narrations among Imami and Sunni jurists to the rulings, deputy and subordinate conditions regarding performing Hajj in special cases, compulsory and. .. will pay.

The religion of Islam is a religion and school of thought that developed in an urban setting and thus has an essentially favorable outlook towards urban city environments, so much so that many scholars believe that Islam is principally an urban religion, and a glance at Islamic teachings also demonstrates the emphasis of Islam on this subject (i.e. of cities and urbanization). Since terms such as ‘city’, ‘Islamic city’, and ‘Islamic municipality’ are frequently used in literature pertaining to city-planning and urbanization, many different meanings for these terms have been given. It is therefore deemed necessary that the meanings of these terms be investigated from primary Islamic sources as well as the views of Muslim intellectuals and scholars in order to find their most appropriate definitions and avoid mistakes and confusion in issues concerning urban planning as much as possible. Hence, in order to achieve this, the various conceptions of the meaning of the term ‘city’ are first explored in relation to how it has been employed in science and in the Qurʾān, then the definition of an Islamic city and its creation from the perspective of the Qurʾān and science are studied.

One of the important issues about collection of diayh from the criminal who have committed a crime involving difference of diyah is impact of his/her consent to pay difference of diyah and him/her release from qisas. Most Shiite faqihs believe that criminal’s consent to pay diyah is necessary and that according to the Qur’anic verses and hadiths concerning discretionary nature of punishment of crimes involving qisas, the victim or his/her heirs are entitled to impose qisas on the murderer. According to this group of faqihs, if those entitled to impose qisas ask the criminal for difference of diyah, the latter shall have a choice between giving consent to pay such amount and not doing so. However, another group who invoke some of hadiths and doctrine of “la yabtal” hold that those entitled to impose qisas may choose between “qisas upon payment of the difference of diyah” and “obtaining of diayh from the criminal in absence of his/her consent”. Iranian legislator had also adopted the opinion of the former group. However, the new penal code derogating from the majority opinion has adopted the latter opinion, not requiring consent of the criminal for payment of difference of diyah. This research exploring arguments of both groups demonstrated that the majority opinion of faqihs is firm and reasonable and the opinion of the other group and the legislator is based on acceptable proof.

Conflicting ideas about power distribution in family has long been a center of different religions. This shows their efforts in explanation of the framework of family. In this research with using descriptive – library method and qualitative analysis – descriptive way, compares the power, authority and guardian of the family from the perspective of feminism and Shiajurisconsult. According to assumption of feminists, the family is the apparent position of male oppression against women, managers and powerful of family dominance women and enslave them and women accept this position, because of their financial dependence. On the other hand, Shiajurisconsultinspired by the teachings of revelation believe that management and authority of family is for men. According to Quran, traditions and rational arguments, the authority of man is accepted as responsible not free will and the canonization of it is Coordination with development kindness of god. Shiajurisconsult in their book named the management and power in family as guardian. The importance of this research is rooted in feminist’s invasions in Islamic countries, while they debate the idea of equality between man and woman, creating doubts among Muslims and new Muslims. In this sphere, the Muslim promising researchers criticize and writing the feminist approaches to determine right from wrong.

Due to the social nature of mankind, the relationships among human beings are in fact a part of man’s nature and as such quite necessary for the continuation of his life and survival, and a necessity for his social life, links and social, economic, political and cultural integration with other fellow men. Guidance of all men at the hands of the holy Prophet Mohammad (Peace be upon him) is only possible when he is first able to communicate with his global audience. Hence, the effectiveness and success of Prophethood depends on a robust connection to non-Moslems. On the other hand, the wonderful advancements of science and technology such as ITC and mass communication have already dissolved the geographical and spatial boundaries and limitations, making men capable of establishing any sort of link or connection with each other. There is no rational reason for isolation from the international family. This paper focuses on the concepts of relationships between Islamic and non-Islamic governments, ideas and opinions of experts on the legitimacy of such relationships between Moslems and non-Moslems, and the reasons of each party according to guidance and insight provided in the Holy Quran. The discussion is, however, limited to cultural relations due to the need for a topic-based research.The result of this paper is preference of the theory in favor of establishing such connections and defining the principles governing the cultural relationships of Moslems with non-Moslems according to teachings of the Holy Quran and other source, of Islamic jurisprudence.