جستجوی مقالات مرتبط با کلیدواژه "مبانی فقهی" در نشریات گروه "علوم سیاسی"

One of the most important subjects that attracted attention of scientific, political and judicial assemblies during two decades ago, is active and influential role making of celebrities, artists, sportsman, sportswoman and politically and scientifically. famous peoples on public opinions and directing community protests. Descanting of celebrities and influential persons may be lead to control of social crisis and meanwhile have a unique role on making social crisis or it’s aggravation and it’s leading towards disturbance, riot and disorder, in the viewpoint of penal policy, the study of scientific and legal approaches towards descanting of celebrities and influential peoples is an important issue and it’s achievements can decongestant in lawmaking about actions of celebrities and influential persons. This article with a descriptive analytical method studies that issue and concludes that although freedom of speech is a basic legal rule and its legality is unimpeachable, but it is a conditional and stipulated rule and therefore it is unjustifiable on grounds of jurisprudential basics of Islamic governance like Amre-Be-Ma’rouf and Nahye-Az-Monkar and with some principles of Constitution of Islamic Republic of Iran about peoples’ rights,  if its implementation breaches basics of Islam and leads to disorder and aggravation of social crisis.

If ‘authority’ is defined as a representation of life, national dignity, honor, development and hope for the future, it will bear relation to being robust. In this regard, Ayatollah Khamenei, as the supreme leader of Iran and a prominent jurist, repeatedly mentions authority and its leading role in avoiding challenges, threats and atrocities of global imperialism, and its important place in helping our country achieve its aims. With due respect to significance of Islamic Republic of Iran’s authority in the national and international contexts, the present paper aims to explain and extract substantial and jurisprudential foundations and principles of Authority of Islamic Republic of Iran from Ayatollah Khamenei’s viewpoint, which has been done with a descriptive- analytical approach through data collection. The findings reveal that according to the supreme leader, ‘Authority’ occurs when there is a variety of economic, political, cultural, scientific and military elements which support stability of Islamic system of our country, and when Iran holds its place in the world. The leader’s view toward authority is rooted in jurisprudential principles i.e. Islamic fiqh and sharia, including rejection of sovereignty, no damage, necessity of respecting divine signs, obligation of maintaining the Islamic system, and promotion of equality.

Today, there is no doubt that the legal entity of the deeds and properties registration plays a sovereign role in society, and perhaps the subject of the deeds and properties registration system is the first civil-legal organization/entity in the privatization debate because it is being completely privately managed. Apart from the discussion of the civil law and the historical background of the deeds and properties registration, the foundations for the formation and establishment of a registration system are very thought-provoking from an Islamic point of view, because at the very least, the precise preparation of documents guarantees the administration of justice and strengthens the confidence of witnesses when testifying and prevents the creation of pessimism, suspicion and distrust among the members of the society. Therefore, in this article, a descriptive-analytical method has been used to study the jurisprudential principles of the deeds and properties registration system with regard to some Quranic verses and hadiths related to legal issues and document preparation in transactions, which are based on the peace of mind of both parties to the transaction, prevention of forgetfulness, prevention of denial, prevention of suspicion, prevention of possible intrusion and occupation, protection of rights and prevention of its wastage, etc.

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.

The religion of Islam, while recommending moderation, recommends the establishment of installments and social justice in various ways. In Iranian law, the stability of individual property is protected. Based on the relationship between acquired rights and stability of property, no person has the right to encroach on another's property, and in case of encroachment on another's property, the possessor and aggressor will be prosecuted. The purpose of examining the rule of property stability in foreign investment is to identify the sanctity of property by important legal systems of the world, and in this regard, the views of investable countries and first capital is very important and examines the Constitution of the Islamic Republic and jurisprudential and legal sources. That the stability of property has been considered in Islamic jurisprudence and according to the proposed rules is considered a matter of course and its acceptance in foreign investment is acceptable based on respect for the sanctity of property and the domestic law of Iran, according to it, this case Emphasis added.

Taking into account the differences among theoreticians over the problem of increase in population or decrease in population, this article explores to find an answer to this question that “what can be decided on the problem of human reproduction and population growth if this may result in undermining Islam and in threatening national security?” Drawing upon documentations and with reference to the Quranic verses and traditions, this article has been organized to explain the problem of childbearing and reproduction of generations based on the jurisprudential principles and various Shi’i jurisprudential systems in line with the dissemination of religious values in this modern age. Findings of the research indicate that upon careful deliberation on the collection of the Quranic verses and traditions, it can be claimed that the intellectual and strategic system of Islamic Law in the field of population in the from of a factual proposition and of a permanent policy, is nothing but the quantitative and qualitative multiplication of population which is intended to increas the power and authority of the Islamic community and to establish the Divine religion. Likewise, as reason dictates, one can detect the desirability of proliferation of population, and comes to the conclusion that birth control or population control, when resulting in undermining Islam and threatening the national security, is not permissible. On the contrary, it is necessary to proliferate population.

This research has dealt with the ability to implement the theory of protection responsibility based on the jurisprudential rule of "Uniting the Hearts". In answer to the main question, "What is the scope of application of the basis of the uniting the hearts in the theory of protection responsibility?" It was hypothesized that "the theory of the responsibility of protection, based on the jurisprudential rule of the uniting the hearts, can be a good legal basis for the implementation of the human rights standards of the Islamic Republic of Iran in foreign policy." The subject of the research was explained in three areas using descriptive-analytical method. First, it was possible to identify the principle of the theory of responsibility based on the uniting the hearts in the two axes of "the possibility of identifying the conceptual relationship with the uniting the hearts" and "the possibility of identifying the applicability of authorship in the absence". Then, with a reductionist and generalist approach, which considers the inclusion of the title of component of their hearts in relation to infidels and Muslims, individuals subject to the responsibility of protection based on the uniting the hearts and the territory of this responsibility were identified. In the third area of ​​the research, the application of the rule of uniting the hearts in the doctrine of responsibility of protection and implementation of the theory was discussed and then, while applying the levels of responsibility of protection - which includes responsibility of prevention, responsibility of reaction and responsibility of reconstruction - with jurisprudential rulings and titles. Numerous Shari'a proved the agreement of the two bases of the research subject in terms of hierarchical strategy.

The word "disruption" has been used many times in various laws, but the legislature has not yet provided a precise definition of the term in any law. Examining the reasons mentioned in Islamic Sharia and also the ruling spirit of Sharia shows that the issuance of many rulings and one of the ultimate goals of the jurisprudential laws, is related to the protection of the people's livelihood system and the Shari'a at the time of the issuance and implementation of rulings, He has never been unaware of the obstacles and factors that disrupt people's lives. The main issue of the present article is the study of the jurisprudential principles of the sanctity of economic disruption in the three areas of production, distribution and consumption. This research has been compiled with reference to library sources and qualitative interpretive method and seeks to answer the question that what is the specific basis for various areas of disruption in the economic system? The results of the research show that the jurisprudential principles in the field of production include: unhealthy economic circulation in the whole society, smuggling of goods and currency and corruption on earth. These jurisprudential principles in the field of distribution are: compensation for the devaluation of money, injustice and class distance and monopoly. Also, the jurisprudential principles in the field of consumption include the following: extravagance and waste, and non-observance of consumer rights.

In addition to the impact on history in Islamic society and its impact on the relations between countries, but also along with these developments, the market is based on Islamic jurisprudence and Islamic ethics. The jurisprudential rules governing the labor market are explained, partial relations are determined in the light of it, and the general differences between the labor market in Islamic economics and non-Islamic economics are revealed. In addition to conventional jurisprudential rules, new rules such as the rule of extravagance, the rule of non-monopoly, the rule of cooperation, the rule of freedom and non-reluctance, and the rule of the Islamic State can be introduced. From the birth of Islam, ie from the time of the Holy Prophet of Islam, Prophet Mohammad (PBUH), special attention has been paid to Islamic jurisprudence in the market and ordering and emphasizing the outcome of this jurisprudence in trade in the market. Types of options in buying and selling, especially fraudulent cucumbers, parliamentary cucumbers, and types of cucumbers ... and emphasis on not hoarding products needed by society and punishment for hoarders and market disruptors were considered. Islam and the practice and observance of Islamic jurisprudence in the market Weber emphasized on this principle

One of the signs of the expanse of Islamic studies is the increase in the number of Muslims which with other influential factors has led to the creation of numerous Islamic countries. The countries of this region have been confronted by the danger of terrorism for years and suffered so many damages by them. Regarding vast and multilateral attacks and in the other hand the need of these countries for the protection of the Islamic Republic of Iran, these protections have been done in different forms for years. In this article we have investigated the way Iran is protecting these countries with Islamic jurisprudence approach and then in three dimensions, we have shown that according to accepted jurisprudential principles, the protection of Islamic countries is in accordance with Islamic rules. Authors believe that in the military dimension, the principle of the protection of the oppressed and the arguments that imply the preservation of Islam, both require military support.
In the financial aspect, the principle of Taalif ol Gholub ( getting hearts close), the contribution of the Way of Allah from Zakat, and the rule of "Beatles of the Prophet Muhammad" reflect the need for financial support from the countries of the region. On the other hand, the proof of the necessity of paying attention to the affairs of the Muslims, the principle of the ritual bow and the principle of the negation of the mustache, are also absolute supportive (in any form).
The research method in this article is descriptive-analytical and the data collection tool is the use of library resources by referring to the interpretative, narrative and jurisprudential sources

The legitimacy of pecuniary punishment in an Islamic government has been one of the serious challenges faced by Shi’i jurisprudents. The Sunni jurisprudents are also not unanimous about the issue in question. In general, in both ShiÝi and Sunni jurisprudence, there have been two differing views of the financial offences. Since the early ShiÝi jurisprudents have not been faced with the juristic (fiqhi) questions in the field of Islamic government, they have had less considerations of the governmental fiqh and taken the legal discretionary punishments [awarded by the judge] to be restricted to what the legal texts prescribe. In other words, they hold the view that the prescribed punishment can be reduced to and replaced by imprisonment and reprimand of certain kind and do not consider pecuniary punishments and deprivation of political and civic rights as illegal. However, after the establishment of the Islamic Republic of Iran, some contemporary faqihs, having made some considerations of and speculations about governmental fiqh, believe that an Islamic government can lay down laws for pecuniary punishments. In this connection, they argue for the necessity of the preservation, reorganization and consideration of the common good of the Islamic community and offer historical evidence based on the reports of the Infallible Imams to substantiate their own views. In the Sunni fiqh, there have been two theories concerning pecuniary punishments. Some say that pecuniary punishments are permissible and some believe that they are illegal and thus forbidden. Both groups have offered their own reasons, but the legitimacy of pecuniary punishments as discretionary punishment in the discipline of fiqh enjoys a stronger ground which leaves no room to doubt about it.

Imam Khomeini's struggle against Pahlavi's regime was founded on numerous jurisprudential bases, an important one of which is commanding good and forbidding evil. In this article, first the jurisprudential explanation of commanding good and forbidding evil from Imam Khomeini's viewpoint has been offered and then, a historic-analytic approach has been applied to find examples in his stances from 1960s to the victory of Islamic revolution of Iran. With a critical approach toward the individual viewpoint dominating jurisprudence, Imam Khomeini examines commanding good and forbidding evil with a social perspective. Therefore, he thinks of a broader meaning for "good" and "evil". He thinks of "implementation of justice" as the most important "good" and "the ruling of a tyrant" as the greatest "evil".

Historical evidence and documents acknowledge that the Shāh's tyrannical regime has committed large-scale offences of various kinds in political, cultural and economic aspects. This regime was under the control of foreign powers especially the United States in such a way that Shāh's government became dependent on and controlled by the foreigners. Under Shāh’s government, the Iranian nation suffered from political, cultural, social and economic oppression. Such were the circumstances which drove Imam Khomeini, who found that it was his duty – prescribed by Islamic law – to combat the reign of a tyrant, and to topple Pahlawi's regime and establish an Islamic government. Imam Khomeini's thought was based on such principles like enjoining good and forbidding evil, necessity of rejecting foreign hegemony, necessity of combating injustice and oppression, and the belief in the inseparability of religion and government.