نشریه کتاب نقد
پیاپی 63-64 (تابستان و پاییز 1391)

The historical course of Shiite's jurisprudence shows that one of the important juridical discussions is the guardianship of the jurist. The jurist has three positions: "giving decree", "judgment", and "the authority and guardianship of occupation"; the third position – the authority of occupation of properties and individuals - is the main discussion of the guardianship of jurist from the perspective of Morteza Ansari, the great sheikh. The dependence or independence of the jurist in repossession is discussed in this article. According to Sheikh's view, any action which is related to performance of order, practice of justice, achievement of right or protecting the limits is the responsibility of the just jurist, who has all the needed conditions, during the period of absence of Imam of the time. The perspectives of other outstanding jurists and scholars including Sheikh Mohammad-Hosein Kashef Al-Qeta', Mohaqqeq Karaki, Mohaqqeq Molla Ahmad Naraqi, Sheikh Mohammad-Hasan owner of the book Javaher al-Kalam, Seyyed Mohammad Aal Bahr Al-Oloom, Seyyed Boroojerdi, Golpayegani, Imam Khomeini, and some other contemporary scholars are discussed in this article.

The guardianship of the jurist is one of the main principles of the Islamic Republic of Iran. The role, effect and function of the guardianship of the jurist in the different estates of the country, is due to the spiritual, juridical and popular position of the guardianship of jurist. This position is mentioned in the constitution as well. One of the main functions of the leader of the Islamic Republic of Iran is in security. The role of the leader in this regard is connected with the survival of the Islamic regime because national security has a fundamental role in the persistence and survival of the country. Leader is the connection point of being Islamic and being republic from the perspective of the main law of the Islamic Republic of Iran. Managing and commanding the military and disciplinary affairs of the country and deciding about the war and the peace and also the mobilization of the forces, the leader has the main role in the security of the country. On the other hand, the diplomacy of security matters of the country should be recognized and approved by the leader. Some other security functions of the guardianship of jurist, studied in this article, are as follows: power enforcement, being present and having influence in the security institutions of the country, being effective in political- security deadlocks and also in conflicts.

The Shiiah Political System is based on the principle of the Divine guardianship which is revealed in the guardianship of the Prophets, Imams, and the pious and efficient jurists; therefore its political special functions are posed. The special political roles of the guardianship of jurist may be sociologically studied; one of its special roles - which may be studied - is the approach of the guardianship of jurist to political events. The special political roles of the guardianship of jurist may be jurisprudentially studied as well. One of its special roles is how the jurist performs jurisprudence in the political circumstances. I will investigate the second topic in this article.

Religious science is a philosophical challenging discussion. It has serious defenders and opponents. The idea of producing science and the software movement, mentioned by the leader of Iran, has drawn the special attention of the scholars of Hawzeh and University to the discussion of religious science; such that some of its scholars who did not have a clear opinion in this regard, decided to present their opinions in their articles and books. I will try to investigate "how is religious science formed from the perspective of Mohammad-Mahdi Mirbaqeri" in this article. He is one of the ideologues of religious science who explains his ideas in scientific centers. He has also published some pamphlets and books in this regard.