جستجوی مقالات مرتبط با کلیدواژه « ولی فقیه » در نشریات گروه « علوم سیاسی »

Religious democracy is one of the most important concerns of today's cultured society. This theory was first proposed in the political literature of Iran during the Constitutional Revolution, and after the Islamic Revolution, it was established as a response to the question of the legitimacy of this system (background). However, this theory has always been disputed; while some, insisting on the components of liberal democracy, consider it to be lacking in democratic standards, others consider it to be the best model of democracy due to factors such as participation, people's satisfaction, and division of powers (problem). Martyr Muṭahharī is one of the modernist thinkers who has theorized about religious democracy. Given that he is considered the most important theoretician of the Revolution, it is appropriate to examine the theory of this thinker. The present article aims to critically analyse this theory with the critical analytical method based on Skinner's authorial intentionalism hermeneutics (method), and it specifically seeks to identify the principles on which this theory is based and analyse it critically (question). This theory considers democracy as a method and by emphasizing the possibility of religious democracy, it assigns a supervisory role to the Guardian Jurist (hypothesis). The findings indicate that according to the theory of Martyr Muṭahharī, the issues of freedom and the role of the people in the government are of great importance. However, the position and function of the Guardian Jurist as one of the pillars of religious democracy remains ambiguous (findings).

The complete and accurate implementation of the policies and measures of the Supreme Leader in the armed forces is one of the most fundamental issues that has occupied the minds of many commanders and officials. In fact, the problem of the research is what mechanisms and requirements of a regular and coherent tool (system) are necessary for the full realization of the policies and measures of the Islamic jurisprudence in the armed forces. In this regard, the current research is looking for a military design that can accurately and completely realize the policies of the guardian of Muslims in the armed forces. In terms of method, this research is a combination of qualitative and quantitative; The sampling method is purposeful and systematic, and a semi-structured interview tool was used to collect data, and data analysis was done through thematic analysis method using maxqda software, which resulted in about 641 basic propositions, 69 organized themes, and 8 comprehensive themes. Then the validity of the data obtained from the questionnaires was evaluated through SPSS software. In the end, it was concluded that the main components identified for the final model of the system, which are: correct understanding, functions, structure, process, implementation, and measuring the effectiveness of the system, strengths and weaknesses. With all relevant indicators, and all three subsystems with all its components have been decisively approved.

The topic of this research is to examine the ratio of science in the concept of Imam Mobeen in the Holy Quran and the Shia and Sunni interpretations of it and its comparison with science in the concept of Imam Khomeini's theory of jurisprudence and in it an attempt has been made to answer this question. What is the relationship between Imam Mobeen and science in Imam Khomeini's theory of jurisprudence? The primary hypothesis of this research is based on the proposition that the examination of various verses, narrations and interpretations, especially Shiite interpretations, shows that in the theory of Imam Khomeini's Wilayat, science is the overseer of the nobles and the mastery of the jurist over the chapters of jurisprudence, and it should preferably be a person who In this context, it has knowledge and is different from the knowledge included in the concept of Imam Mobeen, which is based on divine knowledge and transmitted from the Prophet to the infallible Imams. The current research has tried to investigate this issue with the descriptive-analytical method and based on the data collected in the documentary method. The results of the research show that the science of Wali Faqih is different from the science included in the concept of Imam Mobin and is below it. The knowledge of Wali Fiqh is acquired and gradual, related to the appearances of Muslims and not their homelands, and is aimed at organizing their public and socio-political sphere, but the knowledge of the innocent person (PBUH) is inherent to them, related to the appearances and homelands of Muslims, and is focused on the individual-personal sphere. and their public space. In the same way, the knowledge of the jurist is completely different from the knowledge included in the concept of Imam Mubeen

The purpose of the current research is to investigate the position of the legal guardian in explaining the foreign policy macro strategies of J.A. It is Iran. What is important is that the position of the legal guardian in the field of foreign policy is based on the constitution or beyond it? The hypothesis of the article is: the institution of religious authority and the position of leadership is in charge of explaining and determining macro policies in the field of foreign policy, and these duties are based on the principles of the constitution because of the "role" of this institution. The findings of the research show that other institutions, including the Ministry of Foreign Affairs, have an executive role. Due to the fact that the determining aspects, clarification and macro-viewing are within the authority of the jurist and this position is also stated in the constitution, institutions such as the Ministry of Foreign Affairs are the implementers of policies that are even by the leadership, parliament, government The executive and other decision-making institutions in the field of foreign policy are also monitored. In other words, the Ministry of Foreign Affairs is not a decision-maker and is the executor of decisions based on the Constitution. From this point of view, each of the mentioned institutions has its own place and position and it is impossible to equate the implementation and explanation of foreign policy macro strategies. The method of the descriptive-analytical article and the theoretical framework is James Rosena's continuity theory.

Political systems always need the issue of legitimacy in order to establish a link between them and social systems. This important issue has paved the way for the emergence of various theories of legitimacy from the past to the present. The channels for the emergence of this legitimacy are sometimes based on religious and divine standards, sometimes on philosophical and social achievements, and sometimes on political views. The religious aspect of legitimacy in Shiite Islam shows that it has been the main factor in justifying and legitimizing the structure of the rule of the holy shari'a and the doctrine of revelation. However, due to the acute and serious circumstances of this matter and the vital importance of the issue of political community, the religion of Islam has taken the utmost caution and attention in the form of recommendations and the establishment of specific conditions. The concept of guardianship, which in addition to the source of the Qur'an and the Sunnah and narrations of the Imams, also has the necessary authority and sound argument in terms of obedience and intellect, shows the extent to which in the absence of the Infallible Imam Be. Accordingly, the preconditions for guardianship and jurisprudence are the same axis and focus that is seen in the term "Wali Faqih". It is on this basis that the Islamic system under the tutelage and leadership of such a person can have the necessary legitimacy and legitimacy in accordance with the standards of Shiite Islam.

In the event of natural calamities and other accidents, some members of volunteer rescuers may suffer from serious physical harms or they even may lose their lives. Since, in certain cases, the harmed volunteer forces or their avenger of blood refer to a judicial court to ask for the payment of damage or blood money about which there is no insurance coverage or explicit regulations and this has become a matter of question and doubt for judges and lawyers. Hence, the question which this research work seek to answer is that what institution is responsible for the payment of damage or blood money to the volunteer forces or rescuers. The thesis of the present research is, given the jurisprudential principles and fundamentals and certain other laws and regulations, insurance companies, and in case of nonexistence of any insurance coverage, the Islamic government can be made responsible at the discretion of a Muslim guardian jurisconsult or when supreme interests demand to pay for blood money or for the damage inflicted on these people. From among the conclusions reached in this research is that the existing laws, in emergencies, have not anticipated the damages inflcted on the people’s volunteer forces. However, considering the conluding phrases of the article 516 of the Islamic penal code ratified in 1392 and of other laws and bylaws, one can hold the offices and organizations which announce the call for providing relief responsible, and with no favourable circumstances, the public treasury is considered responsible for the payment of the damage or blood money.

One of the foundations of the Islamic government is the legitimacy of its laws and legal system. The governing laws in society are legitimate as long as they have no least inconsistency or contradiction with the religious prescripts (laws) and the Muslim jurists are those who deduce the religious prescripts from legal evidence and issue them in the form of jurisprudential fatwas. Therefore, a law is legal when it does not contradict with the judicial decrees(fatwas). However, the judicial decrees of the Muslim jurists as regards to a single subject-matter can be different. Now the question arises as to which of these judicial decrees can be a standard or criterion in legislation. Drawing upon the descriptive-analytic method, this article holds the view that many possibilities in the realm of the standard judicial decrees may fall into the state of confusion in such a way that scholars have put the individualistic jurisprudence the subject of their discussion while according to the thesis raised in this essay, the society-based jurisprudence should constitute the basis for the recognition of a standard judicial decree. In this connection, this article seeks to introduce the society-based jurisprudence as the main context for deducing standard judicial decree. It also makes mention of this issue that no judicial decree can be set as a criterion for legislation and that the judicial decree can be a standard one when it is derived from the society-based jurisprudence and can thus be characterized as being consistent with other judicial decrees, being able to resolve the problems and being in correspondence with the objectives of the Law (shariÝah).

The selection of agents in the Islamic political system has a special feature in which it emphasizes the implementation of Islamic rules in society and in the process of selecting agents, the opinion of the people is important. Accordingly, at the head of the Islamic system is the Supreme Leader, who, given the continuity of the Islamic government after the era of the Infallible Absence, can play a direct and indirect role in the selection or appointment of agents. The purpose of this study is to investigate the selection of agents in the Islamic political system, which is also headed by the Supreme Leader. While two competing theories, namely Velayat-e-Faqih and supervision of Faqih and their role in determining or not appointing agents of the Islamic system can be proposed as theoretical challenges in the present discussion. Therefore, the question that is considered is: What reasons can be used to justify the role of the Supreme Leader in the process of selecting or appointing agents in the Islamic political system? The answer that can be provided is that Vali-e-Faqih, as a continuation of the movement of the prophets and infallibles in the age of absence in terms of implementing Islamic rules and Sharia, as well as in terms of observing the standards of religious democracy, plays an important role in advancing the affairs of Islamic society. It also pays attention to the good of the people in the Islamic society. This responsibility causes the direct and indirect role of the Supreme Leader in the affairs of selecting the agents of the Islamic system and moving on the basis of reforming the affairs of the Islamic society. The present study shows that the theory of supervising the jurist is an incomplete theory due to the lack of understanding of the distinction between the Islamic system and other systems and also ignoring the role of expediency in solving the problems of the Islamic system. In the present article, a descriptive-analytical method has been used.

A religion of Islam attributed to it by Nazarat Bar Kasani Kah with the title of Hakim and Zimamdar Hukumt Islamic Mahsoub Mishvand, affirmation of Farawani Dard. As for the buildings of my opinion, Islam Naze was estimated without glasses that required severe corruption, and I needed glasses for my eyes. Nazarat Barali, a jurist, Dir Zaminah, Sharayet, and a jurist, an investigator, such as this is necessary. A university student is a view of jurisprudence and basic law. Turn the religion of Islam to God, the existence of Dard is a matter for the peerage of a jurist jurist, as soon as Mishud is deduced. Where is God? The statement is: not to be protected, the necessity of an order for which it is known and forbidding what is denounced, the rule of which is advice to the imams of Muslims, the need for advice, Amnat Bodin Responsibility, the Republic of Government. Reflections of a political jurist in which there is a type of drones and a paronite tassim, and references of a scholar of the righteous and a comprehensive nazar of God, Hamgani and Nahadinah Mayshoud and Der Barkhi on the fundamentals of a fundamental law of the Islamic Republic of Iran Niz Barahimit inscription of the Majlis Khairkan Rahbari Islam Nahor He was employed legally, wherever I see him, in his custody, a very strong sign. Where there is a rush with a descriptive-analytical strived for a matter of theoretical and similar issues when a basic legal theorist and the jurisprudence of the resource of Kanakash, the decision of Baird and Dir Hameen Rehavat, Dedgah Hai Diar Andeshmandan, an Islamic niz, a source of criticism, a decision made by it. Press a decision with a cold.

In religious sources, general guardianship, wilayati amm, is considered for jurisprudents, and the jurisprudent guardian, wali faqih, considering his position of jurisprudence, is of a general guardianship in the Islamic government, just as the guardianship of the Holy Prophet (s) and Ahl al-Bayt is general, because the jurisprudence is the guardianship of the Messenger of God. The interference of the Prophet (PBUH) and the Ahl al-Bayt in all the affairs of the people, even in the privacy of individuals, is done on the basis of expedience. There may be found some historical examples that prove this claim, considering that the Supreme Leader has authority over other jurists in managing society. Regarding the intervention of the Supreme Leader in such matters as marriage, small children ... it can be said that the limit of authority of the Supreme Leader includes individuals` privacy also. And if these two principles are observed in the authority of the Supreme Leader, no one can violate the ruling of the Supreme Leader based on interfering in the privacy of individuals based on expedience.

The purpose of the present study is to review the special place and function of Wilayat-e Faqih (Guardianship of the Islamic Jurist) in Islamic society and the principle of Jurists’ supervision over the parliament legislations in the ideas of Sheikh Fazlollah Noori. The method of study is documentary research and descriptive analysis; the results showed that the presence of Sheikh Fazlollah Noori as a leader in the constitutional revolution is the clearest evidence for his disbelief in the royal government. He regards the Islamic jurist as the successor of Imam Zaman and hence he opposes the king and his collaborators. He considers all the (judiciary, executive, and legislative) officials in a legal government as the assistants who fulfill the orders of the Islamic jurist. Compared to other Islamic scholars, Sheikh Fazlollha Noori had a different view about the dignity and place of Islamic Jurist during the occultation as he believed that the Islamic jurist should have authority to perform divine rules, enjoin good, forbid evil, and finally execute Islamic orders.

Leadership decrees are the authorities vested in the leadership in the Islamic Republic of Iran. Regarding the scope of leadership decrees in the subject law of Iran, the constitution should be scrutinized, in which, this term has not been mentioned anywhere in all 177 principles of the constitution; but its scope is in the form of issues such as determining the general policies of the system, resolving disputes between the three Iranian powers (the executive, the legislature and the judiciary) and regulating the relations of these powers, for which a precise framework is not seen in laws and regulations. Therefore, on the one hand, the legislators have tried to formulate the goals, norms and rules of Islam in the best format under the title of the constitution, and on the other hand, they have tried to not to ignore the possibility of changing the requirements of the time and the emergence of more appropriate methods for implementing Islamic standards - and as a result, inconsistency of some of the principles in the constitution with Islamic rules and principles. Therefore, Article 177 of the Constitution provides for its revision, just as by drafting Article 4 of the Constitution, it has eliminated the possibility of any contradiction between the principles contained in the Constitution and the standards of Islam. In view of the above, it can be stated that the purpose of this article is to determine the exact scope of leadership decree. In order to analyze this issue using descriptive and analytical methods, it was concluded that in the revision of the Constitution, this regulation should be added to the Constitution in the form of a principle.

The purpose of this study was to investigate and explain the changes and developments in the process of theorizing Velayat-e-Faqih in the second period of the Islamic Republic. Using a "trend analysis model" and a descriptive-analytical method, this study showed that after the changes in the constitution, the process of ideation about Velayat-e-Faqih due to factors such as: legitimacy of Vali-e-Faqih, openness of public sphere, strengthening religious institutions and emerging issues, It has found a new direction, and Issues such as: the nature of the legitimacy of Velayat-e-Faqih, the relationship of Velayat-e-Faqih with the constitution, the consequences of absolute Velayat-e-Faqih, Velayat-e-Faqih or representation of citizenship, Velayat-e-Faqih or supervision of Faqih and reinterpretation of Absolute Velayat-e-Faqih have been discussed in public. Restrictive factors such as the continuation of stabilization of the Islamic Republic period and formal and informal opposition in this period are also considered as obstacles to ideation in the field of Velayat-e-Faqih.

The present research aims to explore the theory of the guardianship of the jurisprudent in the political thought of AyatollÁh Sayyed ÝAli ÓabÁÔabÁī. The research method is descriptive-analytic and is chiefly based on the documentation of the two books “RiÁḍ al-MasÁÞil ” and “SharÎ MukhtaÒar al-NÁfiÝ”. The theory of the guardianship of the jurisprudent, the rule of the jurisprudent, jurisdiction of the jurisprudent, ideal and non-ideal forms of government in the political thought of the SÁhib RiÁÃ, are the key subjects of discussion in this research work. The findings show that the idea of government is essential in the political thought of Sayyed ÝAli ÓabÁÔabÁī. He takes government to be of two forms: government by tyranny and government by just ruler. The government by just ruler is the ideal form of government headed by the Prophet Muhammad (peace be upon him) and the Infallible Imams (peace be upon them). By contrast, there is government of tyranny with which people are strongly prohibited to interact. According to Seyyed ÝAli ÓabÁÔabÁī, in periods of Occultation, a competent jurisprudent is vested with authority and the relationship between religion and government is essential. The enforcement of the precepts or injunctions rests with the rule of a Muslim jurisprudent. Accordingly, Sayyed ÝAli ÓabÁÔabÁī does not admit to confer the affairs of society to a government of tyranny. On the other hand, he maintains that the duties and responsibilities to the Islamic community in periods of Occultation should not be abdicated. Therefore, from the viewpoint of Seyyed ÝAli ÓabÁÔabÁī, the jurisdiction of the jurisprudent guardian is not only extensive but also as identical with the jurisdiction of the Infallible Imams (peace be upon them).

The purpose of the present study was to explain the relationship between the jurisprudence of the jurisprudent and the role of time and place in ijtihad and present a new theoretical study on the use of jurisprudence's jurisprudence to facilitate community affairs. In this regard, the role of time and place in ijtihad, rulings, emergence of new subjects, discovery of new instances of subjects, implementation of rulings, governmental rulings and the preference of some rulings over others (important and important rule) is examined through a descriptive-analytical method. It took. The results show that the jurisprudential authority of the jurisprudent is closely related to the role of time and place in ijtihad and these two aspects of the jurisprudent's decision are determined. Time and place influence the parameters of sentences, their subjects, and their characteristics. But the jurisprudent can not only solve modern problems and problems of modern society by means of primary and secondary verdicts, but by using the element of expediency, the rule of law, the principle of importance and the element of time and place, can solve emerging problems.

In the Islamic government, the right of guardianship and sovereignty over human beings, according to the definite rule of reason and narration, is only for Khazavand, and we find from verses and hadiths that God gives this right to the Prophet (PBUH) and the infallible Imams (AS) and through this to The Supreme Leader has delegated it, so the authority of the Infallible Imams (AS) has been delegated to the Supreme Leader as the Islamic ruler and he is in charge of the implementation of Islamic rules. Hudud is one of the most complete criminal laws of Islam in order to achieve social justice, and the Supreme Leader is in charge of enforcing its rulings in the cases of the rights of God and the rights of the people and other government violations. Despite extensive legal amendments to the Islamic Penal Code and the Code of Criminal Procedure adopted in 1392 regarding children and juveniles, there are still objections in the field of limits, the type of punishment applicable and the prosecution of their crimes. In this article, with an analytical-descriptive approach, we answer the question whether the Supreme Leader has the authority to change the severe punishment against children and adolescents in the Islamic government?

Muslim jurisconsults have laid down conditions, developed principles and made rulings and elaborated on them. One of these discussions is focused on the role and position of a Muslim jurisconsult and his authorization for JihÁd or holy war, whether this jihÁd is of offensive or defensive kind. Since the conclusion of this discussion is dependent on the condition of the presence and direct participation of the Infallible Imams and their special (appointed) deputies in Jihad, in this article four possibilities for this condition have been discussed among which this possibility that in both kinds of Jihad the condition of the presence and action of the infallible Imam and the Muslim jurisconsult's authorization is the necessary condition for the existence and fulfilment of Jihad, not the condition for its legitimacy or necessity. Therefore, the condition of the presence of the Infallible Imam is not taken to be a condition for the legitimacy of JihÁd so that the Muslim jurisconsult's taking measures in this regard in the period of Occultation are deemed to be illegitimate, and not to be the condition for its necessity so that the Muslim jurisconsult's acts are deemed recommended and unnecessary. Rather, the necessity of JihÁd in relation to this condition is categorical (absolute) and the condition is merely condition of presence, i.e. the fulfilment of JihÁd is not possible without the presence and action of the Muslim jurisconsult. This possibility is consistent with the generalities and applications of the arguments for the necessity of JihÁd on the one hand and the existing expressions in traditions can be justified and explained in the light of it on the other. It is also correspondent with the idea of Muslim jurisconsult in general.

In the modern world, stripping liberty of individuals through a crime providing the institutions by the Government and will be fitted for , therefore the type and level of crimes stipulated in the laws of the State of and its criminal policy, specifically , undoubtedly affected its political ideology, and it is something in the political does believe; if librali freedom of people or other political concepts to the principle of criminal policy to know, necessity and ghirakifri interventions-in case srkobgraneh-deal crime tend to be based on the political dimension, or if your Government maintains institutions based on relevant government authority or other security considerations are also the necessity of legislation on aspects of the crime of providing hard, restrictive laws and approval of the invasive and often of freedom of citizens believing they find ‌; however, has always been between the Government, religious and democratic principles of legitimacy and ghirdini in the range of powers of the State in the Affairs of the Special legislation and the various differences there is lots of crime negligent treatment; hence the Islamic Republic of Iran Democratic religious Government; as ‌ (a religious democracy) includes the first batch

According to the fiqhi arguments, the guardianship of and the rule over the Muslim community at the time of occultation is entrusted to a qualified Muslim guardian jurist. On the one hand, the legal guardianship is something general and covers all aspects of governmental affairs. On the other hand, given the fact that there are a variety and wide range of governmental affairs, the Muslim guardian jurist alone is not able to directly play his role in taking care of the affairs in the Muslim community and in running the governmental affairs personally. Therefore, as anticipated in the constitutional law of the Islamic Republic of Iran, the Muslim guardian jurist has to entrust part of his duties and authority to some other individuals and groups. Now, the question is that, from the jurisprudential perspective and according to the constitutional law, what is the role and status of the Muslim guardian jurist in selecting and appointing the agents of the Muslim community? Are the agents of the Islamic system necessarily appointed by the Muslim guardian jurist or there is no need for the agents to be appointed by the Muslim guardian jurist? Drawing upon an analytical and descriptive method, this article aims at providing answers to the questions above by making reference to the role infallible Imams play in appointing governmental agents. Then a discussion is raised as to the opinions and views and practical life-style of the faqihs during the history of ShiÝism. This article also seeks to establish the fact that, from the perspective of the constitutional law of the Islamic Republic of Iran, the selection and appointment of the agents in the Islamic system is entrusted to the Muslim guardian jurist and the legal guardianship of the Muslim jurist is extended to include the other governmental structures and executive authorities, and, in this light, their measures and decisions are made legitimate.

One of the most important necessities of human social life that is not avoidable is the government. Since the government does not make sense without a ruler, recognition of ruler and his/her characteristics has also the same importance.Shia thinkers have different opinions with regard to the management of the Muslim community during the absence period; one of the most important of them is the theory of velayat-e faqih (supreme leadership). And its theoretical revitalizer in the contemporary era and historically its unique practical founder is one of the students of transcendent wisdom approach, i.e. Imam Khomeini. This paper has demonstrated that Mulla Sadra ideas about the Islamic ruler in addition to acceptable scriptural foundations, also enjoys rational and philosophical foundations and is completely consistent and well-coordinated with the highest government doctrines in Shiism and this issue shows his adequate attention to the politics and government. In the present research, this issue has been carried outthrough comparison and comparing the characteristics, duties, scope of powers, etc. of the utopia ruler of Mulla Sadra with the supreme leader of Imam Khomeini which are “the same things”.