پژوهشنامه متین
پیاپی 61 (زمستان 1392)

The emergence of the concept of citizenship is among the referents of formation of the first governments. Governments receive their credit and power from citizens and at the same time have certain duties and responsibilities towards them. At the same time, citizens have certain duties towards governments. Imam Khomeini has fundamental viewpoints about the rights of citizens. His theoretical viewpoints are based on the rights of the ummah. The present paper is an attempt to study Imam Khomeini’s viewpoints about three pivotal rights in the field of citizenship rights (freedom, justice and security) and the rights derived from them.

The issue of words is a major subject in jurisprudence that has created many debates and polemics among religious scholars.The issue of coining of words is the most crucial one, but the issue of usage which comes after coining a word has not been discussed in details by the experts of principles of jurisprudence. Although the issue of usage of words and its truth has its base in the principles of jurisprudence, it should be borne in mind that it has its impact on all branches of jurisprudence and is used in all of them. The present article is an attempt to study the issue of usage and its truth in the principles of jurisprudence. Attempts have been made to critically study the viewpoints of experts of principles of jurisprudence and also offer a precise definition of usage of words.

The issue of essence and essential manifestations are among the fundamental topics in theoretical mysticism, which has several corollaries. Mystics unanimously believe that the grade of essence is an invisible issue which is above the intuition of witness and understanding of comprehenders. Therefore, there is no room for discussion about the depth of essence among mystics. Among the issues related to the essential manifestations, the grade of oneness has many commonalities in the viewpoints of Imam Khomeini and Ibn Arabi and his expositor Qeisari, while differences are few. However, with regard to the grade of uniqueness the differences are more than commonalities. It would not be an exaggeration if we consider this grade as turning point and source of many exclusive viewpoints of Imam Khomeini. Imam Khomeini has put forth many exclusive viewpoints about the grade of uniqueness that have not been grasped by expositors and researchers. Hence, attempts have been made in this article to discuss these viewpoints on the basis of his written works. The main objective of this paper is to study Imam Khomeini’s viewpoints about the degree of uniqueness and its relations with different kinds of existences, space, divine names, essential names, keys of invisible, essential divine knowledge, the five images of heart and different kinds of victories of wayfarer in the ascension curve.

Relationship between parents and children are among the most necessary needs of children to attain all-out growth, which are sometimes denied to them by their parents or relatives. The right of the children to be with parents are recognized by Iranian law in two provisions: custodianship and visit. Hence it is necessary to study the jurisprudential principles of these provisions. The most important principles are the laws of “no damage” and “no duress”. Hence, hence the present paper is an attempt to study the right of child to be with the parents and relatives on the basis of the said two rules.According to Imam Khomeini, the rule of “no damage” can be considered as a base for the right of the child to be with the parents and relatives only if it is taken as governmental prohibition. But, the problem is that he maintains that the rule of “no damages” applies only to the “rule of authority”, i.e. “people are in control of their properties” which is not related to the subject under study. Therefore, if we accept that the rule of “no damage” as a basis for all argumentations of the primary commandments or accept the applicability of the “rule of authority” to souls, then this problem is solved and this right is established for the children. As such, a judge as representative of the ruler will have the authority to issue verdict in the interests of the children with regard to custodianship and visiting their parents. The rule of “no duress” too has established this right for the children and Imam Khomeini too relies on this rule in his arguments.

Although in accordance with the general rules of contracts, the effect of abrogation relates to future, the lease contract has certain characteristics, which do not lend it to this rule. Hence, if the contract of lease is abrogated in the midway, there are differences of opinion about the effect of abrogation. Some argue that the effect of abrogation applies only to the remaining period of the lease and the pre-abrogation period remains intact; while others argue that abrogation applies to the entire term and it is abrogated from the beginning of the contract, is rendered null and void and consequently the entire rental is returned to the original owner. There are three viewpoints about this issue in jurisprudence. Imam Khomeini’s viewpoint mentioned in his book Tahrir ul Wasilah, plus another rule that applies to the loser, is the acceptable one which is discussed in this paper.

The tradition of creation of man in the image of God (God created man in His own image) is among lofty divine teachings, whose interpretation is possible only by those religious scholars who don’t confine themselves to the appearance of religious teachings. According to Imam Khomeini, this tradition alludes to the total manifestness of perfect man for divine names. In other words, it alludes to man’s manfistness of the Comprehensive Name of Allah. Since perfect man has been created in the divine image, the image and the Comprehensive Name itself is related to him and in mystical expression, he is the comprehensive being and hence is qualified to learn the Divine Names. As a result, he is superior to the angels and deserves to be the vicegerent of God.

Endowment is a good tradition, which is not only confirmed by Islam but also by other religions and religious denominations and even communities and nations. The promotion of endowment has a crucial effect on the economy of the country and through fulfilling cultural, social and economic needs endowment renders outstanding assistance to the people and government. In the past, people normally endowed land, house, garden, and some moveable properties with essential values, but today, with the economic progress, new needs have emerged whose fulfillment is difficult or impossible through traditional methods. On the other hand, the transformation in the nature of money and emergence of prevailing monies that have credit value is very important and play a very crucial role in the current economies. Hence, endowment of money can be a new referent of endowment that offers new financial capacities in the field of endowment and also preserves the constructive role of this institution in the society. There are two viewpoints about the endowment of money: one group of jurisprudents maintain that endowment of money is not correct while others argue that endowment of credit values is congruent with religious values. The present article is an attempt to discuss the said two viewpoints as well as those of Imam Khomeini. Also a model has been offered in this regard.