جستجوی مقالات مرتبط با کلیدواژه « اعلمیت » در نشریات گروه « فقه و حقوق »

Undoubtedly, legislation in any governmental system is based on its intellectual – philosophical foundations and special ideology. Hence, in an Islamic society, religious rules must be criteria of legislation in order to make those laws authentic and valid for the people. In this research, we have reviewed the historical past of the argument shortly, and have studied various possibilities for criterion fatwa in legislation, i.e. jurists’ common fatwa, fatwa based on caution, fatwa of the supreme knowledgeable jurist, and any jurisprudential fatwa. Thus, we have come to the conclusion that with regard to jurisprudential foundations, the fatwa of the supreme knowledgeable jurist is closer to authority and authenticity. Then, with reference to the criteria of ‘Superior Knowledgeability’ in political jurisprudence, we have reached the conclusion that in an Islamic state, the superiorly knowledgeable jurist is the same ‘ruling jurist’ testified by the elites of the Islamic community for his knowledgeability in conducting the affairs of the society based on Islamic measures. In the final step and according to the above-mentioned, the procedures available in the Islamic Republic with regard to criterion fatwa in legislation have been explicated and explained. The verdict and fatwa of the ruling jurist becomes the criterion for legislation in the Islamic state, either directly or through a secondary analysis and based on a delegation enshrined in the constitution (the delegation to the assembly in taking any jurisprudential fatwa and the delegation awarded to the jurists of Guardian Council in the exercise of his jurisprudential opinion). Therefore, the legitimacy and authority of the laws of the Islamic Republic are ultimately attributable to the verdict of the ruling jurist.

In this article the author tries to analyse the concepts such as Faqih, Vali-ye Faqih, the difference between the Supreme Authority and Vali-ye Faqih.The paper also wants to prove that "Alamiyat" is one of the conditions of Supereme Authority.Imam Khomeini is one of the jurisconsults who negated "Alamiyat" condition in Vali-ye Faqih. He indicated if someone only knows the jurisprudence sciences, but he cant recognize interest of the society, he wont be a priest.Finally, it can be inferred that "Alamiyat" in Vali-ye Faqih relates to the governmental problesms and not to its idiomatic meaning.

One of the characteristic features of our era is the constant development of the ways to use the most modern inventions of means and methods. In an attempt to redress the balance in the modern way of living, this has in its turn, made the modern individual confront serious problems. In seeking solutions to them, it is necessary to prepare practical laws in order to ensure the harmless use of modern technology. Such laws will support her in the world of relations on individual, social, and international levels, enabling the person to solve the arising problems. It is an absolute necessity to bring about such changes in dynamic Islamic thinking so that sound and appropriate interactions can take place. The religious jurists who are concerned about people’s need of interaction and the arising problems are to a great extent responsible for new religious jurisprudence. In this paper the religious jurisprudence, the dynamic religious jurisprudence, and the necessity of concern for modern issues are surveyed from various relevant points of view.