جستجوی مقالات مرتبط با کلیدواژه "بنای عقلا" در نشریات گروه "علوم اجتماعی"

With respect to the significance of the arguments of rationalists in inference of religious instructions, particularly in the case of new issues, a review of the jurists’ works on quality of applying the arguments of rationalists will help its understanding better. A restudy of jurisprudential works of Seyyed Hassan Bojnourdi and Imam Khomeini, as the two jurists with immense influence on perfection of jurisprudence, will be important and worthy in proving the point. To that end, we have reviewed the deductive and doctrinal jurisprudential texts of the two jurists based on content analysis methodology to analyze their claims. Findings of this paper indicate that both jurists have abundantly made use of the arguments of rationalists. In the meantime, both of them believe in its validity with no need to endorsement of the legislator, taking into consideration only lack of prohibition or rejection by the legislator. In particular, they have independently used the arguments of rationalists in invoking valid and important jurisprudential codes in deducing religious instructions. Given the effect of time and space on jurisprudential issues, the important and practical arguments of rationalists can be used for comparing and contrasting jurisprudence with modern-day issues and conditions toward rationality in settling modern-day problems.

In the religion of Islam, security and order in society are the basis for the formation and maintenance of a social system.And this can be found in the thought of the elders of religion. The system is used in a variety of concepts such as the organization of social life, the state of affairs, the state, the set of Islamic rules and regulations, and the political, cultural, social, and economic subsystems. And when it is said that disruption of the system is considered to be the system of the Islamic system, the Islamic system and the land, the system of the Islamic government and the system of life and livelihood of the people, and the prohibition of disturbance in this research, what is meant is the prohibition of disturbance in the social system and the livelihood. People. Imam Khomeini is one of the contemporary elders who has discussed and discussed the prohibition of disorder in the system. In their view, it is forbidden to preserve the system according to the wisdom of the imperative and to disrupt it. This descriptive-analytical study with a library study has introduced the principle of non-systemic disorder with an approach to Khomeini's approach as a principle.

The main objective of the present research is to study the Right to Rescind the Contract in Case of Loss Resulting from Deceit and its relation with the Principle of No Harm. In the first place the right to rescind a contract in case of loss resulting from deceit and conditions for its realizations are defined and then the viewpoints of the jurisprudents about the document of this rule are discussed. The jurisprudents have employed different sources for this rule. These documents have been critically studied and finally it is concluded that rationality and stipulation are accepted as a document or a basis for this rule. Also the relationship between the Right to Rescind the Contract in Case of Loss Resulting from Deceit and the Principle of No Harm have been discussed, arguing that the Principle of No Harm cannot be a basis or a source for this option. The viewpoints of jurisprudents, particularly those of Imam Khomeini, have been taken into consideration in this research.

Consultation in management of affairs which is recommended by rational people, means enjoying the viewpoints of others in taking a decision that is closer to an appropriate one. There is no doubt that consultation is useful, but whether consultation is obligatory for the Islamic ruler who has religious and legal prerogatives is under investigation.
The advocates and opponents of the necessity of consultation have relied on textual (the Book and Tradition) and non-textual reasons to support their arguments. The present paper is an attempt to study the rational reasons for the necessity of consultation in governmental decision-making. The findings of this paper indicate that the ruler is bound to follow the viewpoints of the advisors after consultation when their viewpoints qualitatively and quantitatively override his own viewpoints. This is a different understanding of the Holy Quran’s verse on consultation. Consultation in the government system is in contrast with religious dictatorship, referred to by Allamah Naini.

Human social life has always been accompanied with certain rights that are binding for all of them and before these rights were legislated as law, they prevailed in the form of common sense and habit. This shows the long record of presence of common sense in legal discussions and also underlines its significance. What is recognized in mind and the wise people accept and also what is the habit of all or majority of the people of one place or community in their talks or behavior to the extent that it becomes binding, is known as common sense. Common sense is among the significant issues of law and plays a crucial role in legal and jurisprudential interpretations and readings. The present paper is an attempt to study the status of common sense in law, particularly in the viewpoint of Imam Khomeini. The hypothesis of the present paper is that common sense is one of the sources of law and plays an important role in legal and jurisprudential solutions of new problems.

There are differences of opinion among the jurists about legality of intellectual property rights. Some jurists maintain that such rights are not legal due to the following reasons: their incompatibility with the rule of domination, lack of acknowledgement of such rights by the Law-Giver, their incompatibility with the mission and sanctity of science and lack of personal possession. Hence, they maintain that third persons can use them with any permission from the proprietors. Some other jurists maintain that such rights are legal and that one should not use them with the permission of the proprietor. They argue that the following reasons support their viewpoints: reason, rule of domination and Wilayat Faqih. The Sunni jurists also forward two reasons in support of this viewpoint.