جستجوی مقالات مرتبط با کلیدواژه « guardianship of the jurist » در نشریات گروه « علوم سیاسی »

‘Grace’ meaning a Divine Act which serves as a factor which makes the obligatee (mukallaf) approach the obedience of God and turn him or her away from His disobedience or rebellion against Him is one of the important rules in the ImÁmmiyyah KalÁm. It serves to establish the truth of many religious convictions such as the necessity of sending prophets by God, the necessity of infallibility of divine prophets and Imams and the necessity of ImÁmate. The maxim can be used in discussions about how Imams can be recognized and determined. Mutakallimun, making no mention of the use of this maxim in the recognition of Imams, have studied it in the context of determination. The present research paper seeks to make a distinction between these two areas and at the same time studies how this maxim can have both the function of distinguishing a guardian jurist and of appointing him at the time of Occultation. The obtained results show that the same argument which involves the Devine Grace in determining the Imam, that is, prevention of taking religious practices as something bad and of violating the ends and purposes, can be applied in the context of the discovery of the Guardian jurist at the time of Occultation.

The 9th element of the principle 110 of the constitution in regard with the responsibilities and authorities of the leader discusses about the signing of Presidency decree following people’s election being interpreted as execution. This decree is not only reliant on passing diverse processes – registration and proving qualification and achieving the majority of votes- but also it is dependent on the signature of guardianship of the jurist according to the constitution. Now the main question is in regard with the jurisprudential and legal concept of Presidency decree signature. Whether this is deemed to be a superficial and ceremonial signature or some thing executive and legitimate? Whether it is one of the responsibilities of leader who should sign it or it is one of his authorities to avoid signing it in case of qualification? Declining the ceremonialism theory and mandatory signature through considering the backgroundof execution and relying on the political jurisprudence، constitution، and the details of khebregan’s negotiations of constitution as well as the sayings of jurisprudents and lawyers، the present research proves that it is an executive and discretionary signature.

Abiding by positive laws and making a legal analysis of them is among the basic issues of the philosophy of law. Legalism has for long been the special concern of scholars of law. In Islamic fiqh, the necessity of abiding by religious laws is among the duties which can be realized in the context of perceptions of practical mind. Nevertheless, there are no cleardiscussions about the changing and positive laws of a g0vernment and this is justified by the non-existence of a legitimate Islamic government throughout history. Referring to the different views about the guardianship of Muslim jurist, the present article discusses the effects of each of them on the necessity of obeying the laws laid by government in the sacred Islamic government. Taking into account the belief in the absolute guardianship of Muslim jurist, it can be concluded that the obedience is a religious obligation, but if another view is adopted, the necessity of obedience cannot be established in all cases. The article points to the role of allegiance in recognizing the necessity.

Different views about how to administer human societies were presented throughout the history. One of them is the theory which has taken the form of guardianship of religious jurist. Some doubts have, for some reasons, been raised on this theory, the most important of which is related to the guardian jurist’s discretion and lack of defined limits for it. Furthermore, it is assumed that this theory makes the society move towards despotism. This study seeks to dispel such doubts by expounding the anti-despotism elements in the theory of guardianship of religious jurist. The theory of guardianship of religious jurist makes known the aims of government and the qualifications which the guardian religious jurist enjoys, and each of these two can play a major role in blocking any possibility of despotism. Also, this theory has prescribed some limits for the guardian religious jurist’s conduct as distinct from the features governing the despotic rule. Such limits as divine laws, positive laws, justice, expediency and public supervision are a good case in point. In addition to the framework established by these conditions, the guardian religious jurist is responsible for supervising the performance of the officials of all ranks in the political system to refrain from leaning towards the features of a despotic system. It is worth noting that a descriptive-analytical method is used in this research.

Usually religious jurists are affected by principles of religion and also socio-political conditions they live in. So they acquire different attitudes towards politics. Some of them have a negative attitude and do not believe in Shiites political life during the age of absence، but some other consider politics as a requirement and believe that the duties of the infallible Imam (AB) should be completed. Ayatullah Tabrizi is one of the religious traditional scholars who has a requiring attitude towards policy in the years before His return from occultation. But against those who demand Guardianship of the Jurist، he uses another path to recognize the Rule of Islamic Jurist for the establishment of an Islamic government.

This article tries to examine the period called reformism in the Iranian political system. Therefore, first the process of the formation of reformism in Iran is mentioned, and then the various opinions about it are examined. In the end, the specific opinions of the reformists are examined and whether or not their opinions are in congruence with the political system and the constitution of the Islamic Republic of Iran is reviewed. The main question of the present research is: Were the opinions and actions of the reformists during the period called ‘reformism’ in accordance with the constitution or political system of the Islamic Republic of Iran?The main hypothesis of this research was formed upon the actions of a group of reformists which clearly show that they did not pay attention to the concerns or the clear principles of the constitution. Their actions laid the foundations for convulsion and fighting in the Iranian society. In the event of the 2nd of Khurdad, 1376 a group of political, social, and intellectual activists entered the social and political scene in Iran. Their opinions, their epistemology theories, their religious theories, and their political theories all stemmed from the west. They imagined that the people gave them the power and decision to create change. Therefore, the second of Khurdad was considered a movement to change values, organization, and laws. Their most foundational need to advance such goals was theorization and creating social opinions in order to rebuild thought, as well as the destruction of values that rule over the constitution.

Imam Khomeini (r) mentioned the theory of guardianship of the jurist while fighting against the Shah’s regime. He mentioned this theory as an Islamic political theory in order to establish a religious government. With the victory of the Islamic Revolution, the political system of Iran was compiled and implemented in the constitution in the form of an Islamic republic. The main issue of this research is to answer this question: Is the form of an Islamic republic in congruence with the theory of guardianship of the jurist? Are they in complete harmony with each other or are there contradictions amongst them? The author takes the position that there are not any contradictions between the concepts of guardianship of the jurist and Islamic republic. He considers the Islamic republic to be in complete harmony with the guardianship of the jurist. The author examines the most important principles of Imam Khomeini’s (r) government and uses his opinions about the terms ‘republic’ and ‘Islamic’ to prove his position.