جستجوی مقالات مرتبط با کلیدواژه "authority" در نشریات گروه "فقه و حقوق"

 The Catholic Church, throughout its long history, has exerted a profound influence on the lives of Christians in Western Europe. The development of its authority, both normative and legal, has been a subject of keen scholarly interest. Scholars have debated whether this authority was primarily shaped by external factors, such as political and institutional conditions, or by the internal content of the religion itself. This article delves into the intricate process of how the Catholic Church's authority evolved, examining the roles played by both external and internal religious dynamics.

 To comprehend the development of the Catholic Church's authority, it is imperative to consider the historical context. From the 4th to the 15th century, the Catholic Church navigated a complex path, marked by significant events and transformations. The church's authority was not static but evolved in response to external pressures and internal theological developments.External Factors: The Role of Political and Institutional Conditions External factors played a pivotal role in shaping the authority of the Catholic Church. One of the most profound external influences was its connection with the Roman Empire. The Roman Empire's embrace of Christianity under Emperor Constantine in the 4th century provided the Church with unprecedented political support and resources. This alliance significantly bolstered the Church's authority and facilitated its expansion across Western Europe. However, the fall of the Roman Empire to barbarian invasions ushered in a period of statelessness and turmoil. During this tumultuous era, the Catholic Church emerged as a stabilizing force, assuming administrative and governance functions that were once held by the state. This transition from Roman patronage to ecclesiastical governance further solidified the Church's authority, as it became an essential institution in a fragmented and politically unstable Europe. Internal Factors: Theological Developments and Doctrinal Authority While external factors undoubtedly played a crucial role, the internal content of the Catholic faith should not be overlooked. Theological developments within the Church, driven by figures like Augustine of Hippo and Thomas Aquinas, contributed significantly to the formation of normative and legal authority.Augustine's profound theological reflections on original sin, salvation, and the nature of the Church itself laid the groundwork for key doctrinal positions. His emphasis on the Church as the custodian of salvation and the necessity of sacraments for salvation greatly bolstered the Church's authority. Moreover, Augustine's teachings on the primacy of divine grace in salvation solidified the Church's role as the mediator of God's grace to humanity.Thomas Aquinas, in the 13th century, further refined Catholic theology. His Summa Theologica provided a comprehensive synthesis of Christian thought, including ethical and legal principles. Aquinas's articulation of natural law and his exploration of the relationship between faith and reason strengthened the Church's moral and legal authority. The Summa Theologica became a foundational text for centuries of Catholic scholarship and jurisprudence.The Intersection of External and Internal Factors It is crucial to recognize that external and internal factors were not isolated but intersected in complex ways. The Church's connection to the Roman Empire, for instance, facilitated the dissemination of theological ideas and ecclesiastical authority. Conversely, theological developments informed the Church's response to external challenges and crises.The Seven Sacraments: A Case Study One illustrative example of how external and internal factors converged is the formulation of the seven sacraments within the Catholic Church. This doctrinal development was not merely an internal theological exercise but had profound implications for the Church's authority. The Council of Trent in the 16th century, building upon centuries of theological reflection, officially defined the seven sacraments. These rituals, including baptism, confirmation, and the Eucharist, became central to the Church's teachings and practices. The authority of the Catholic Church was intimately tied to its exclusive claim to administer these sacraments, which were seen as essential for salvation.

 In conclusion, the development of the Catholic Church's authority from the 4th to the 15th century was a multifaceted process influenced by both external and internal factors. While external factors, such as its connection to the Roman Empire and the vacuum left by the fall of Rome, played a pivotal role, internal theological developments and doctrinal authority were equally significant. The Catholic Church's evolution into a dominant religious and moral authority in Western Europe was a result of the dynamic interplay between these external and internal factors. Its claim to administer the seven sacraments, guided by theological giants like Augustine and Aquinas, solidified its normative and legal authority. This intricate relationship between external and internal influences highlights the complexity of historical developments within religious institutions. Understanding the nuanced interplay between these factors is essential for comprehending the enduring impact of the Catholic Church on Western European society during this transformative period.

Although the Prime Minister in federal systems has broad powers represented by the competencies and powers granted to him under the constitution, law and other legislation, the power of the Prime Minister in federal states differs in exceptional circumstances from that in normal circumstances. These powers granted to the Prime Minister also vary from one federal state to another. The Prime Minister and the state in general exercise their duties and tasks in times of peace and stability by adopting normal methods and means that they cannot exercise when the state is exposed to crises or exceptional circumstances. This undoubtedly has an impact on public freedoms and the rights of individuals. Therefore, in this article, we will try to highlight the most important of these powers granted to the Prime Minister in a number of federal states by addressing the following points: the idea of exceptional circumstances, the conditions for applying the theory of exceptional circumstances, the power of the Prime Minister in exceptional circumstances in federal states with different political systems.

One of the lesserknown institutions in our law is the institution of "priority right of gaining ownership", which is very important to know its nature. Determining whether any authorityis a right or not has several legal implications. The present research aims to provide a general theory about the priority right of gaining ownership while stating the scattered rulings in the laws and analyzing them about the mentioned institution. In this article, firstly, the special nature of the priority right of gaining ownership and then its elements are analyzed, and finally, the possibility of voluntary and involuntary transfer (inheritance) is examined. The result of the research is that we consider the priority right of gaining ownershipas a kind of right that is created under the protection of the law, and its owner creates the legal effect (gaining ownership) simply by declaring his will, and others must declare and express the will of the owner in front of it. To comply and obey. The privilege of this authority (sovereignty) over the permission (or the general freedom and ability) is that it is dedicated for a specific person and this person has priority in using it.

Delegating authority in public law is not a rule, but being an exception does not reduce of it`s important. According to the two-way discourse of public law -normativeism and functionalism- in addition to preventing the concentration of power, it also accelerates affairs and improves effective administrative relations. Although in the discussion of delegation of authority, the views are mostly focused on administrative rights, but in constitutional rights and especially the value system, delegation of authority is an important matter, which we call ascending delegation of authority. This issue can be investigated in modernity by understanding the critic's self-founding reason in the form of social contract theory and delegation of public power from the people to the ruling body. For this reason, this article also focuses on the issue of delegation of authority in constitutional rights and considers it the other side of the delegation of authority in administrative law. The rule of law requires that in the administrative system, the principle is based on the authority of the individual, and the delegation of authority is an exception, because every official receives his authority from the law, and its delegation also requires the prescription of the law. Also, the administrative authority who cannot delegate all his powers and only a part of the powers that are not prohibited by law can be delegated. The main question of this article is what and the legal effects of delegation in the light of the principles of public law. In this article, the conditions and limitations of delegation of authority in public law have been examined through a descriptive-analytical method. Delegation of authority is an inevitable necessity in public law, which can be examined at two levels of constitutional law based on the theory of representation and in the field of administrative law.

Based on the propounded consensus, the authority of determining a judge has been given to the claimant, but on the other hand, in addition to not implementing this view in the current judicial system, some other jurists have given this importance authority to the ruler and the government. Now, the question that the current study has addressed is the analysis of the issue of the authority of determining a judge, in the sense that as a Ḥukm Awwalī and Thānawī (primary and secondary ruling) and also in the current judicial system, Is the claimant responsible for determining the judge or the government? In a research that was carried out by a library and analytical method, the widely known viewpoint has been explained along with three reasons. But due to the deficiency in these reasons and the existence of stronger reasons against it such as verses of the Holy Qurʼān and traditions, the Ḥukm Awwalī and Thānawī has been given the responsibility of the authority of determining a judge to the government, while various justifications have also been explained for the opinion of those who claim this authority to the claimant.

Based on the propounded consensus, the authority of determining a judge has been given to the claimant, but on the other hand, in addition to not implementing this view in the current judicial system, some other jurists have given this importance authority to the ruler and the government. Now, the question that the current study has addressed is the analysis of the issue of the authority of determining a judge, in the sense that as a Ḥukm Awwalī and Thānawī (primary and secondary ruling) and also in the current judicial system, Is the claimant responsible for determining the judge or the government? In a research that was carried out by a library and analytical method, the widely known viewpoint has been explained along with three reasons. But due to the deficiency in these reasons and the existence of stronger reasons against it such as verses of the Holy Qurʼān and traditions, the Ḥukm Awwalī and Thānawī has been given the responsibility of the authority of determining a judge to the government, while various justifications have also been explained for the opinion of those who claim this authority to the claimant.

Authority as a necessary and vital doctrine for the birth and survival of a state is an understanding that has faced different readings in each of the "pre-modern", "modern" and "post-modern" discourses and judgment platforms. Basically, the question of authority, in terms of what kind of power has the right to command the people and the role of the people in granting and delegitimizing the power contained in an individual or institution, is a question that formulates the basis of public law. This article aims to analyze authority with an analytical and ultimately normative thinking, and in the depth of expressing the differences between authority in each of the discourses, achieve a new model for rethinking about authority. Finally, the present article defends this idea and theory that instead of discursive analysis, verbal analysis of authority, it is desirable to include Benbadin justifications for the legitimacy of power while guaranteeing democratic rights and freedoms.

Islam has given great importance to the foundation of family in such a way that with realism based on recognizing the talents and potentials of men and women, it has legislated rulings that suit them in the best possible way. However, one of the misconceptions in this regard is the inappropriate culture of beating women, which some have attributed it to verse 34 of Sūrat al-Nisā, but according to the research conducted on the concept of beating women in the Qur’anic culture, several questions have been raised in this respect, such as: “What are the opinions of commentators and jurists regarding the meaning of beating?” “Which of the meanings or concepts in question about beating based on evidences are preferable to other meanings?” Given the fact that the verb ḍarb does not always mean to beat and it attains different meanings according to its being placed next to different roots, many different viewpoints have been proposed regarding women based on the conditions and requirements of the time and place and the culture of the jāhilī (Pagan) society. This article tries to answer the upcoming questions in this field with a descriptive-analytical method on the basis of lexical, interpretive, narrative purposive and legal sources. Accordingly, it was found that despite various meanings such as physical beating, marriage, etc., which has been quoted for ḍarb, as well as approaches such as revocation, the most suitable meaning for waḍribūhunna in this verse is leaving home by the man and it is more compatible with rational and scriptural proofs and is preferred over other meanings.

By recognizing the inherent duality of private law and public law, each domain has been allocated its distinct territory. Despite the relative and interconnected nature of these realms, the application of public law within its designated territory is essential due to its specific role, functions, and methodologies. Throughout history, fundamental rights (public laws) have governed the relationship between the government and its citizens, while private rights (civil laws) have governed the interactions between individuals. This demarcation of territories is not exclusive to Iran; numerous countries worldwide have embraced this division, leading to significant substantive and procedural implications.Notably, in recent years, Iran has witnessed a notable expansion of the public law domain within its legal system, which has raised concerns about its extent. This expansion can be attributed to several underlying reasons. One primary factor is the inadequacy and limitations of existing private law regulations in resolving societal issues. Consequently, legislators are compelled to address private law matters by formulating solutions based on public law principles, inadvertently diverting the core problem into the realm of public law. This practice, however, fails to address the root causes and restricts the available solutions to those provided by public law. As a result, the practical scope of public law expands beyond its intended boundaries. The excessive and multifaceted growth of public law can have far-reaching detrimental effects.Thus, the central question emerges: What potential harm can the development of public law inflict on citizens' rights, and what are the driving forces behind this expansion in Iran? This research posits that the government's inclination towards exercising authority, excessive interventions in social and economic matters, undervaluing of liberal principles, a tendency to resort to public law in ambiguous cases, and the adaptable nature of public law methods are among the contributing factors to the widening scope of public law. Moreover, the duality of influences on Iran's public law system—Western legal traditions and Shia jurisprudence—has led to its distinct development. Some facets of Iran's public law draw inspiration from Western legal systems, while others find their origins in Shia legal doctrines.It is worth noting that Iran's legal system is bound by Article 4 of the Constitution, which mandates the utilization of Sharia rulings and adherence to Islamic standards in all laws and regulations. This requirement, however, diverges from Western legal systems where such a mandate is not observed.The realm of public law has undergone extensive development, permeating even the most intimate legal issues. Notable examples of this expansion include the broadening of public law in labor law, characterized by significant government interventions in the field. Similarly, the realm of public law has made significant strides in business law, and its influence has extended to matters concerning property rights. The objective of this research is to contribute to the advancement of public law in Iran by conducting a comprehensive analysis of its benefits and drawbacks through a systematic examination of its expansion.To fulfill this objective, we delve into the causes and factors behind the development of the public law realm, providing noteworthy examples that illustrate its expansion. The research findings establish the undeniable separation of the realms of private and public rights, despite ongoing debates regarding their differentiation. In practice, even legal systems that advocate for the unity of public and private law demonstrate a distinct educational system for public law. By acknowledging the distinction between public law and private law, while acknowledging the inherent difficulty in delineating these realms in certain cases, each legal field can be allocated its designated sphere.In recent years, there has been a notable surge in the expansion and growth of the public law realm. Numerous issues that were traditionally and conventionally within the purview of private law have now either entirely or to a significant extent fallen under the domain of public law.

The aim of this study was to identify the effect of time and place on the allocation of divorce rights by descriptive-analytical method. The issue of equality between men and women in the right to dissolve marriage, as well as its conclusion in terms of Islamic jurisprudence and law, has long been raised among Muslim thinkers; But the objections and protests have never been as high as they are now, the emergence of civil movements and human rights activists and the increasing awareness of women about their rights have caused these issues to be raised more seriously and jurists and legislators of Islamic countries look at the issue from new horizons. The findings show: The study of the role of custom in allocating the right to divorce is one of the important issues in the field of jurisprudence dynamics and without a doubt the role of custom of time and place is one of the important issues in this regard. Assigning the right to divorce to a man is one of the matters that is not explicitly mentioned in the Qur'an and does not deprive the wife of this right. A historical study of the status of women in the time of ignorance and the view that the Arabs had of women and the types of divorces in that day, by examining different temporal and spatial customs, customs and religious imitations, is ordered to divorce the wife

Although criminal laws have strong enforcement instruments, in order According to Article 113 of the Constitution, after the Supreme Leader, the president is the highest official in the country. He is responsible for the implementation of the Constitution and the head of the executive branch, except in matters which are directly related to the Supreme Leader. The rationale of the aforementioned principle is that the president is the highest executive authority. According to Article 114 of the Constitution, he is elected by direct vote of the people. Therefore, considering that the president is elected by the people and takes over the implementation of affairs that are the affairs of the absolute authority of the jurist, it seems necessary to examine the nature of his decisions, in such a way that the president is the lawyer of the people and the validity of his decisions as the decisions of the lawyer is limited to the limits set in the constitution or that he has authority through the implementation of the leader in the determinate compass and whether can act absolutely according to the interests of the wards or is his choice a sign of allegiance and the effects related to it are current? Among these effects, we can mention people's loyalty to all the decisions made.Therefore, an attempt has been made to explain the concepts of "province", "representation" and "allegiance" with a descriptive-analytical and library method and by adapting them to the limits of the president's powers in the Constitution, the juridical nature of these decisions has been clarified.Considering these concepts and examining the necessary conditions for the president and the limits of his possessions in the constitution, the president’s privilege of the title of authority will be given. Because legislation, judiciary and implementation of laws are the affairs of the absolute authority of the jurist and considering that these affairs are delegated to triple forces in the system of the Islamic Republic of Iran, political representatives, who are called people's lawyers, as well as the president, have the title of authority, that this province is during the absolute jurisprudence of the jurist and it is obtained by means of tacit (representatives of parliament) and official (president) confirmation. It goes without saying that the nature of elections in the process of electing parliament members and the president is allegiance to the Islamic government because, as mentioned, the works of the triple forces are the affairs of the absolute authority of the jurist, whose implementation has been entrusted to the aforementioned forces.

Security and authority are among the most important -and at the same time the most basic- needs of human life and societies. Both government and people are required to make every effort to ensure and strengthen these two basic components of our lives. Identifying the principles of security and authority in the Quran and narrations is of prime importance in this regard. This article aims to detect patterns or trends of security and authority in the Quran and narrations with emphasis on thoughts of Ayatollah Khamenei, employing a descriptive-analytic method. From among the most important principles of authority and security in thoughts of Ayatollah Khamenei based on Quran and narrations, we can refer to Towheed (monotheism), Velayat (leadership) and Justice. The current study seeks to identify these principles in thoughts of Ayatollah Khamenei and use them to guarantee security and authority in Islamic societies. This article also attempts to identify domestic and foreign threats and explore ways to counter and eradicate them. Internal threats can be found in governments, Islamic societies and even inside humans. External threats such as arrogance are outside the Islamic societies.

One of the important issues of the principles of jurisprudence is the principles of theology and the principle of acceptance has a special place among these principles. In this article, Istehhab and its effects on civil law and the Islamic Penal Code with an approach to Imam Khomeini's views studes.

Thise article is Analytical descriptive and the library method uses.

In this article, Originality of texts, honesty and trusteeship Has been complied with.

The principle of istishab is valid as one of the accepted religious principles in jurisprudential sources and principles. Adoption of the word sahib means to accompany and accompany someone or to have something with you. And in the term of jurisprudence, it is the ruling on the survival of something that was certain and realized in the past and has been questioned in the present. From Imam Khomeini's point of view, istishab is a religious principle that has been established in order to preserve the fact that the former certainty is the way and the discoverer of it. According to the principles of the constitution, this principle can be invoked in the absence of a ruling.

In the issues related to civil law, including the issues of sale, cucumber and marriage, the principle of istishab has been used. In the Iranian Penal Code, istishab is the basis of many legal rulings, including the rulings on istishab of non-deprivation of liberty, immaturity, piety, infidelity and repentance.

Ambiguity in the proper explanation of some of the most widely used statements of Usul Fiqh (the principles of jurisprudence) always causes complexity in their understanding and application. A survey in the thoughts of the Usul Fiqh's experts shows that sometimes their proposed solutions do not have sufficient stability and explanation to achieve the goal. There are some evidence such as successive hadiths, consensus, manners and fame which are proposed based on their collective nature and relative involvement to make an reasoning authority, but they have an obscure process. Martyr Sadr has given a new direction to these reasons by naming them as means of inner proving for religious reason. In order to prove foretold examples, he has practiced the function of induction in logic and probability theory in mathematics, and with proposing a new division for certainty, finally considers these reasons as subjective certainty. This explanation, which has an innovative method without referring to the basic and obvious propositions in its proving course, has provided this capacity to propose and use these kind of Usul Fiqh statements in the other scientific matters as well.

Extracting the main purpose of the Shari'a is the most basic activity of a jurist. This process needs to acceptable sources and methods which must have the authority as their prominent features. "Concentrated Presumption" as a result of the preferred presumption and a matter of argument, will be obtained due to the multiplicity of presumptions which are derived from the Fatwas of various jurists on an issue. This kind of presumption is among the presumption which have been derived out from the unaccepted presumption based on its related Qurainc verses that has not benefited from inherent authority. on the one hand, because of the loss of inherent authority and due to its applicability in the field of jurisprudence and the principles of jurisprudence on the other hand, it is essential to have such studies around the authority of Concentrate Presumption. The present study with a descriptive-analytical approach, beside analyzing the semantic and conceptual meaning of "Concentrate Presumption", examines the validity of such presumption, as well as its degree of validation for jurisprudential issues; the principles, conditions, and its degree of authority in addition to this term's scope of presence and characteristics.

The material authority of the military and law enforcement forces has various tools. The most obvious example of this severity of action is the use of weapons to maintain order and security in society. The authorities and responsibility of using weapons by officers is of fundamental importance since it is associated with the security of the political system on the one hand and the citizenship rights of the members of the society on the other hand, and investigating it in the laws of Iran and another country helps to explain the issue as much as possible. The present paper is descriptive and analytical and investigates the mentioned subject using the library method. The findings indicate that both in Iranian law and in British law, officers have the authority to use weapons in defined conditions and cases. These cases are more extensive in Iranian law than in British law. The right to legitimate defense, the necessity and the use of weapons as a last resort is one of the common aspects of the use of weapons in the laws of the two countries. The civil responsibility of officers is also accepted in the laws of the two countries. There is this difference that the injured party has the right to go to the police and the relevant authorities for compensation, which is limited in Iranian law, and in British law, it is possible to claim damages in cases such as psychological injury. Also, the criminal responsibility of officers in the use of weapons has been accepted in both countries, and in case of violation of the prescribed conditions, it will be followed by the punishment determined by the law in each specific case.

This article seeks to understand the concept of public law from Hart's point of view through the common method of "conceptual analysis" and with a "non-essentialist" approach, and based on his valuable work, the book "The Concept of Law". The non-essentialist approach, instead of looking for a set of conditions and features necessary for the existence of law in the whole set, considers the pervasive features of real legal systems. This article focuses on constitutional and administrative law and adapts the definitions of advanced public law standards to Hart's highly influential trilogy of general "secondary" types of "must-haves," which include rules of identification, modification, and judgment. The point is that non-essentialist methodology not only provides a rich descriptive expression of the fundamental features specific to advanced legal systems, but also offers considerable theoretical insights into how law is understood and perceived in many contemporary societies. Also, since the obtained definition is deeply rooted in real social and legal experiences and practices, it presents a more detailed and less abstract theory than Hart's approach, which is based on hypothetical narratives about how law can be developed.

Abstract The rational authority and the discovery of its meanings in suspicion are among the initiatives that in the new era reveal the ground for the reconstruction of the science of principles on this basis. Collective intellect and wisdom, with the privilege of the approval of the Shari'a in any period, can provide the ground for the further flourishing of human reading of religion. In this study, after redefining basic concepts such as "intellect", "authority", "suspicion" and "science" and expressing the epistemological value of rational suspicion as an effective presupposition in solving limitations, the promise of valid suspicion with rational arguments, It is possible to believe in the inherent authority of suspicion and, while examining rational arguments, to expose the fact that verses and rational requirements, contrary to what is assumed, do not negate the authority of rational suspicion and rational suspicion. Of course, it is an argument. Imam Khomeini (ra) by discussing the suspicion under the proposed title, in not refusing to worship the UAE, has rejected the argument in the incident to the UAE and because of the acceptance of this basis by the wise do not consider the possibility of refusal in it. And emphasize acceptance on the basis of rational suspicion.

Racism in its wide sense means that some people are superior to others because of their race. In some ethical systems, such as Kant's philosophical system, the subject of racism, like so many other issues, has not received much attention. But that does not mean that we cannot considering racism under that system.In this essay, we attempt based on Kant's ethical system to elaborate and infer Kant's view of racism by describing "authority" as the premise of any moral act. In the research conclusions, it will be concluded that Kant, on the basis of his ethical system, cannot justify racism. In Kant's view, moral virtue is a task or an act in accordance with the task, which cannot be related to the type of the active subject. The international human rights system will be studied as a general reference in addressing these issues in the real context of society. It has been attempted in the reviews of the international human rights system to discuss the emancipation of the human race for its inferiority and the inherent value of human beings in Kant and this system.