جستجوی مقالات مرتبط با کلیدواژه « قانون اساسی » در نشریات گروه « علوم قرآن و حدیث »

The article deals with the problem of a dual historical conflict called the sovereignty of God and the sovereignty of the people& its relationship with nationalism and nation-state.The question of the article is whether the connection between the rule of law&the rule of jurisprudence in Iran today is possible or impossible?Which is an easy question.The research method is the documentary-library method & referring to the opinions of the founders&the constitution of the Islamic Republic as the opinion of experts.The final result is that the constitution,based on ijtihad of the founder of the I.R.I and the explanation of his theory,has tried to establish reconciliation between the divine sovereignty(manifested in fiqh)& the people's sovereignty(manifested in the law)in this way that It has defined the sovereignty of the people during the sovereignty of God.But our attention is on the law&that 1-in the constitution,being Islamic is one of the fixed principles,but the governing criterion for the differences of interpretations, Islam is the constitution & 2-until the conditions are prepared for the amendment of the law Fundamentally,within the framework of the current constitution,a way should be found to create the most democratic way for jurisprudential oversight of the laws, while respecting the Islamic nature of the system.So, institutions such as the Guardian Council,which have jurisprudential supervision of the laws but aren't elected,are subject to criticism

"Power structure" in all governments has been considered as one of the factors influencing the stabilization or destruction of that system. Hence, the composition of governance in the Islamic Revolution of Iran, which evolved from religious teachings of the Twelver Shia in 1979 A.D; It has usually been under consideration of thinkers. According to the teachings of the Shia school, the thought of Imamate and Mahdism determines the power structure. After the triumph of the revolution in Iran, the governance of the Islamic Republic was elected via the people and with the vote of the people, constitutional professionals had been shaped and the constitution was formulated. In this article, the function of the doctrine of Mahdism, in the shape of the power structure, will be defined in a descriptive-analytical way, relying on the principles of the constitution. In a general perspective, the centrality of the concept of Imamate and Mahdism and the concept of “Guardianship of the juris consult” (Wilāyat al-Faqīh) in the age of the occultation and the congruence of the plans and desires of the Islamic revolution is accentuated in the plans of the promised government. In addition to the generalities raised about the doctrines of Shiism and Imamate in the constitution, reviewing some programs and goals set in the constitution and their congruence with the packages of the promised government, such as the enhancement of moral virtues, scientific growth, the expansion of equity and justice, economic growth and the removal of poverty, freedom and security, refutation of arrogant and helping for the oppressed, and the restoration of civil rights shows the high function of the doctrine of Mahdism in this revolution. In general, it can be stated that the "Imamate and Mahdism doctrine" is the foundation of Islamic republic of Iran, and the strength of this government is structured on this basis.

The main purpose of this study is to identify and evaluate the impact and role of Islamic councils in the process of political development of the Islamic Republic of Iran with a macro view of performance and obstacles, and factors of failure and to present strategic plans for the future. The research method is descriptive-analytical and seeks to evaluate the impact of Islamic councils on the political development process of the Islamic Republic of Iran. The results showed that increasing public awareness, public trust in social institutions, realizing the rights of the people, and promoting a culture of accountability and a culture of independence could lead to political development, reduce municipal authority, and overcome political issues tastes over other aspects. Specialized and non-specialized affairs have had a negative impact on political development. Political affairs are not separate from the sphere of people's lives, and political development is not only related to governmental affairs, which for ordinary people is an alien and alien concept and only in the hands of the ruler and his representatives, but the purpose of political development is to increase various capacities. Moreover, society is in everything, which obliges the system to respond better to public demands. The role of the Islamic councils of the city in the political development of the country is not very efficient and colorful; the cities do not have a favorable development process, and the councils do not play a significant role in political development. A principled structural reform can pave the way for solving existing problems and political development, and optimal management of cities and regions.

According to Article 57 of the Constitution, power in the Islamic Republic of Iran is exercised through the legislature, the executive and the judiciary. These branches/forces of the Iranian Islamic system are independent of each other. The Fifty-seventh Principle, first, distributes political power and, second, considers them independent. At the same time, since absolute independence is not possible, other principles regulate how the forces interact with each other. On the other hand, constitutional experts, with their bitter historical experience of abusing government power, have created a clear imbalance in regulating the relationship between the executive and the legislature. So the government is absolutely accountable to the parliament, while the parliament is absolutely accountable to the government. In the present dialogue[1], we claim that this inequality - whatever the motive - has created great challenges and problems for the optimal management of the country and good governance. To prove this claim, while stating the methods of government control by the parliament, the problems of each of these methods are explained and then some solutions and suggestions are suggested to get out of the existing problems. However, we know the final solution is to amend the constitution.

This paper examines the issue of power supervision in the Islamic thought and the constitution of the Islamic Republic of Iran. In Islamic thought, by accepting the possibility of human revolt due to enjoying abundant power and wealth, the need for supervision is emphasized and to control those in power, internal and external measures have been devised. Infallibility in the Imam of the society in the age of appearance and justice of the ruler in the age of occultation are among the internal strategies to protect the nature of the government as a trust and prevent it from becoming a property. External supervision has been projected with measures such as "enacting the law based on public interests and obliging statesmen to the law", "public right and duty to enjoin what is good and forbid what is evil", "right to criticize" and "right to object" and "right to impeach and dismiss". In the constitution of the Islamic Republic of Iran, in order to prevent the deviation of the government and ensure its trustworthiness, these measures are included in various arrangements and numerous principles. A review of the 40-year performance of the Islamic Republic of Iran shows that the existing preparations are not enough and strengthening the supervision over government agents at various levels is considered as a necessity.

From the time of the Persian Constitutional Revolution until now, the main concern of religious scholars in the matter of legislation has been the compliance / non-compliance of laws with the rules of Sharia and Sharia laws. At that era, at the insistence of Sheikh Fazlullah Nouri, the second principle of the amendment, that a body of first-rate mujtahids (Islamic jurists) should oversee the legislative process, was incorporated into the constitution. Although this principle was never implemented, after the Islamic Revolution, the drafters of the constitution, anticipating the institution of the Guardian Council, tried to find an appropriate answer to this concern. This time, although this institution was formed and gained power in practice, but due to some ambiguities in the law and subsequent weaknesses in the interpretation or implementation of the law, it went in a direction other than what the legislator intended; (especially people like Shahid Beheshti in the Assembly of Constitutional Experts). In this article, we try to briefly recount some of these ambiguities and executive weaknesses.

In political thought, various theories have been proposed by philosophers about the right of sovereignty and the characteristics of rulers. During the presence of the Infallible Imams (PBUH), the Shiites did not face any theoretical problems regarding the leadership of the society. Unlike the period of occultation, which did not provide access to the Infallible Imam, the necessary conditions of the ruler or leader of the Islamic society and how he was elected have become of special importance. The discussion of Velayat-e-Faqih/ Wilayat al-faqih and Velayat-e-Fuqaha (the Guardianship of the Islamic Jurist/s) is based on narrations in this regard, which seems to refer more to minor Velayat or guardianship such as the guardianship of Ghoy'yab (absentees: is the plural of the word absentee and refers to a person who is absent and cannot be reached), and Ghos'sar (the plural of the word Ghaaser or a person in default and it refers to people like crazy, idiot and child who are legally prohibited from seizing their property) and adjudication, not Velayat or guardianship, which means governing society. In the discussion of the guardianship of fully qualified jurists, the issue of being chosen or accepted by the people has not played an important role and basically, the debate has been about the dignity of the jurists, one of which is the Velayat or guardianship. Disagreement about the meanings and implications of these narrations and their extension to Velayat-e-Faqih as the ruler of society creates many problems and the first problem is the method of choosing a jurist from among the fully qualified jurists and his legitimacy. There are two views on the legitimacy of the Vali-ye faqih in the Islamic government: a) a view that sees Velayat-e-Faqih in government in a broad sense; based on arguments other than narrative arguments or it carries those narrations on a set of conditions, not on a divine appointment. In this view, the choice by the people is a definite and serious matter for legitimacy; b) the second view believes in the general appointment of jurists in the realm of the scope of government. Proponents of this view have to make various justifications for preferring one of these jurists over the other. These justifications also have many problems, some of which are mentioned in the article.

The most important question about the constitution of the Islamic Republic of Iran, which plays a decisive role in the structure of the system, is the type of relationship and its relation with the leadership of the Islamic government. Based on some jurisprudential (Islamic Fiqh) evidences in proving the Velayat (the guardianship/ governance of the Islamic jurist) for a fully qualified jurist (faqīh), and consequently based on Article 4, which emphasizes the Islamic nature of all laws and regulations and this principle is taken for granted to govern other generalities and absolutes of the constitution, and also according to Article 57, which was added to the issue of Velayat in the revision of the term "absolute", some individuals consider the leadership of the Islamic government to be absolute and this position is deliberated beyond the law and even the legitimacy of the constitution depends on it. But we do not think this is a correct assumption, because it is not compatible with the "authorized and structural" constraints of the constitution, or with the specification of legislative experts in the Assembly of Experts, nor with Imam Khomeini's theory in explaining the fact and evidence of the Velayat for the Islamic jurist (faqīh). Constitutional experts have distributed power and authority in designing the structure of the Islamic government among several institutions and the scope of authority of the leadership of the government has also been considered within the framework and under the supervision of the law. This view of experts is in line with several arguments; the abolition of the feature of certitude as to subject and Judge's knowledge, the need for a balance between ability and responsibility as a rational principle and Imam Khomeini's elaboration between the principle of the fact of the Velayat and to undertake responsibility and formation of the government. In addition to examining the reasons in question, this article provides a report from the ruling view of the Assembly of Experts, which was crystallized in the words of Ayatollah Beheshti.

The purpose of the present study is to review how much theology students in different levels of seminary schools in Iran are familiar with the performance of Velāyat-e Faqih (guardianship of the Islamic jurist) during the past four decades of the Islamic Republic of Iran. The method of study is survey research by which the functional indices of Velāyat-e Faqih were explored in terms of three distinguished categories of religious, judiciary, and executive guardianship of the Vali-e Faqih according to his duties and authorities in the constitution. Statistical population of the research consisted of male and female theology students aged 18 to 70 studying and doing scientific and missionary works within four levels (1, 2, 3 & 4) in seminary schools and centers in 1395 S.H. Research sample involved 1109 people and the data was analyzed using SPSS software. The results showed that 54/69% of Tollāb have had awareness of the performance of Velāyat-e Faqih in different positions during the past four decades that is evaluated as good in general. Besides, the results showed that some background variables such as Tollāb’s gender, nationality, and parents’ education have no effect on their acquaintance with the performance of Velāyat-e Faqih while some other variables including their marital status, place of living, age, years of education, education level, place of education, and parents’ job have a significant role in this regard.

The objective of the present study is to explore the role and effect of the provision of human rights on the prevention of political and social challenges. The method of the study was descriptive analysis and it was attempted to show the potential of the constitution in the prevention of upcoming challenges using the theory of human rights in Islam from the perspective of Shahid Beheshti, the historical-critical analysis method, the Qur’anic and Nabawi principles on human rights, the ideas of Imam Khomeini in Islamic Revolution, and the arguments of parliament representatives. The hypothesis of this research study is that the foundation of human rights relies on Islamic, intellectual, and empirical tenets and hence it has a high potential to prevent political and social challenges, to reassure political success, and to reinforce national security. Furthermore, the reinforcement of the indices of sovereignty, hope for the future, and mutual trust between the government and citizens would result in social and political stability and minimize or prevent likely challenges.

The purpose of the present study is to survey the ups and downs of the process of political development in contemporary Iran with respect to the different jurisprudential views about new concepts held by jurists in the Persian constitutional period. Relying on sociological, historical, and exegetical study methods, this research seeks to answer what impact the jurisprudential views about law held by jurists in the constitutional period had on the political development of contemporary Iran. The results showed that jurists’ disagreement with the concept of law in the constitutional period led to their opposite theoretical and practical decisions due to their obligation to religious rules and the instability of peaceful talks in that time. Their opposition through jurisprudential binding Fatawas, sanctification of some acts as being religious, and negation of the counteracts had an immense effect on the political behavior of Iranians such that it caused social, political, and legal segmentation as well as violent reactions among Iranians. Such inflexible gaps in Iran during the constitutional period definitely paved the way to move toward achieving essential criteria in the process of political development.

The constitution is considered as fundamental document that contains people’s rights and liberties that is inspired by the Quranic doctrines; paying attention to development and establishment of family have been disregarded from lawyers’ viewpoint and principles such as principle No. 10 of constitution obliges the government to plan in order to facilitate, form and consolidate the foundations of the family and preserve its sanctity. Of course, although the family is a private realm, some decisions about it have social dimensions. In such cases, the support of the legislature and lawmaker is necessary. Obviously, this support should never lead to interference.

The constitution is the national document and the mother law in any country that reflects the ideology of that country. In the Islamic Republic of Iran, due to the uprising of the people to achieve an Islamic system and salvation from the arrogant domination of the world, also the unique popular vote for such a system and constitution causes it to have high popular support and at the same time because The fact that the principles contained in the constitution are derived from the rules and laws of Islam, adherence to it is also a religious requirement. By carefully examining the articles of the constitution, one can obtain the general principles of foreign policy and answer many social issues in the field of foreign policy.This research has been carried out with the aim of explaining the framework of foreign policy principles derived from the Constitution and emphasizing its implementation by the authorities, which is the result of extracting the mentioned articles from the Constitution; Peace in international relations is the complete rejection of colonialism and the eradication of any tyranny and the denial of any domination and domination, support for the right-wing struggle of the oppressed against the arrogant to ensure human well-being in all human society and maintain its independence and freedom in the shadow of dignity and justice. And in this way, it saves human beings from the tyranny of tyrannical rule of gold and force, so the implementation of such laws that have been approved according to Islamic rules by the officials of the Islamic Republic of Iran will lead to the creation of global justice.

The “doctrine of Mahdism” is one of the fundamental and basic discussions in Islam from which deep humane and Islamic acts can be derived. With the realization of the Islamic Revolution which is based on the Shiite school, there is this question that what the role and position of the fundamental doctrine of Mahdism is in the Islamic Republic’s foreign policy. The foreign policy in Islamic Republic of Iran has rules that have benefitted from the pure Islamic principles specially the Mahdism Doctrine considering the international laws. In this descriptive-analytic article, the roles of Mahdism doctrine will be explained in foreign and international policy such as the rejection of hegemony and domination and the defense of the weak and the like with regard to its intellectual principles, i.e. the Qur'anic verses, the thought of its leader and the constitution.

The educational nature of Article 8, Iranian constitution, is a non-criminal mechanism, charity, non-costly, inductive of human values, a preventive factor and a kind of general and public supervision that has been emphasized by the holy Quran verses, sunnah and the constitution. Considering the educational, economical, social and moral outcomes of Amre Be maaruf & Nahy e Az Monkar, the Islamic preventive strategy is to combat with the criminals, preventing crimes, youth rebellion, organized criminals, indifference, murder, kidnapping, chaos, genocide and addiction, social injustice and stranger to the inner intellectual freedom, has been prescribed by this efficient mechanism. This paper tries to help the lasting, continuing of this divan & educational phenomena that is a factor to save people from all untrue ways. The paper tries to size up the power of constitution and educational- religious teachings and their influences in preventing the committing of the crimes in the society. The analysis shows that implementing Art. 8 of the Iranian constitution and religious teachings is meaningful in Islamic educational principles and is useful to the aim. The method and methodology is based on the national and international databases and is applied qualitative critical analysis.