پژوهشنامه متین
پیاپی 70 (بهار 1395)

This paper studies “obscenity of purpose violation” as a jurisprudential principle. The most important presuppositions and results as well as the jurisprudential background and the scope of applicability of the issue among the jurists have been also covered. The permission and legitimization of such rules such as using legal devices to avoid usury requires an in-depth research work into the possibility of legitimization of rules going counter to the other goals of this rule. The search into the first sources of jurisprudence and the works authored by the ulema in this field, as well as the study of single elements and determining the rule’s presuppositions have constituted the backbone of this study. The existence of examples of the commitment of the past jurists on the obscenity of purpose violation, especially Imam Khomeini (who has resorted to this principle to support the prohibition of applying legal devices to avoid usury), tell about the wide acceptability of this principle irrespective of its limited use in the process of reasoning. Also the belief in the existence of rational decency and indecency, purposefulness of the Almighty God in legitimization of the religious orders, distinctiveness of purposes and the assurance over their violation are among the cases obscenity of purpose violation needs to be functional.

The constituting philosophy of marriage according to the Holy Quran is creating a calm and peaceful atmosphere in marital life; but sometimes for some reasons differences occur between the marriage parties or husband and wife, as the core constituents of this Divine union. When either party avoids meeting the rights of the other party already agreed upon in the marriage contract, disobedience takes place. Sometimes this disobedience is committed by the wife and it is called disobedience of wife. In this paper, we intend to closely study this issue and clarify some unspecified issues such as the duties of wife vis-à-vis her husband, the scope of these duties, examples of disobedience, Quranic verse in disobedience, as well as misunderstandings on this verse in order to clear the realm of Islam off some unfair interpretations on disobedience by wife. To that end, we have used the opinions of the great thinker and jurist Imam Khomeini and his views on the impact of time and place in religious leadership.

The gradual growth in liability proportionate to the degree of understanding based on age criterion, is among the worldly accepted approaches for realization of justice, hence a sign of social equity. In the majority of Muslim countries, there are minimum and maximum age requirements or incomplete criminal responsibility for a person to be subject to criminal liability. The ongoing approach in Muslim nations is to keep the children and young adults away from the judiciary system as far as possible. The laws chiefly consider emotional, intellectual and mental maturity irrespective of gender in determining the age for full criminal responsibility. The majority of them, however, have insisted on prohibition of exercising heavy punishments such as capital punishment and life imprisonment for under-eighteen youth. With respect to Imam Khomeini’s religious decrees, where he rules by virtue of the principle of dar’ (prohibition of enforcement of an order due to doubt) we can claim his view is in the same direction with this approach.

Imam Khomeini and Mulla Sadra used the three principles of the authenticity of intellectual existence, union of the intellect and the intelligible, and the proof of corporeal resurrection to prove the impressionability of religious beliefs in a rational way. Mulla Sadra, as the founder of the school of Transcendent Theosophy, and Imam Khomeini as a supporter of this school, believe that human beliefs and thoughts find a mental nature and are then stored in the imaginative faculty and consequently in the faculty of speech. This stored form also shows its effectiveness in the material world in the form of union with what belongs to it. As in the afterlife, it can create heaven and hell in the other world by personification and externalization of carnal imaginations and based on the quality to restore objectivity and to personify soul. Contemplation on the fundamentals of Imam Khomeini’s philosophy and the principle of the union of the intellect and the intelligible will make it clear that the manner of impressionability of beliefs and human intellectual forms are determined by the belief criterion. On this basis, if personal belief in its real sense, turns into a religious belief and pure monotheistic belief, it can establish a union with what it belongs to, i.e. the realm of the Almighty God.

In simple language, money laundering is the concealment of the origins of illegally obtained money such as drug trafficking, rubbery, embezzlement, and the like to make them apparently legitimate. According to the Law on Fighting Money Laundering, it is a crime in domestic law. Money laundering is also an illegitimate practice by virtue of various verses and traditions and the conducts of the Infallible Imams, as well as some jurisprudential principles, and the offender shall be subject to punishment. In view of Imam Khomeini, purging illegal money is illegitimate and void, i.e. it has both religious prohibition and situational prohibition. In this paper, we have tried to study the fundamentals of the prohibition of money laundering and its punishment in view of Imam Khomeini.

Mystical virtues are among the long-lasting areas of study for the Muslim thinkers. This approach comes from religious ethics, from the Holy Quran in particular, that specifically focuses on the relationship between God and man. In this study, we have reviewed three important pillars of soul, virtues, and salvation in addition to introducing various approaches toward Islamic ethics, especially theosophical ethics in view of Imam Khomeini. Following his predecessors, Imam Khomeini analyzes soul philosophically and finally comes up with a theosophical analysis of soul and its stages. This ethical approach rests on the pillar of virtues. In view of Imam Khomeini, purification of the soul and gaining virtues are mid-stage spiritual perfections, the attaining of which is an introduction to guidance toward spiritual path. Inspired by religious sources, Imam Khomeini accepts philosophical virtues in his presentation of religious virtues. It is through contemplation on religious virtues that theosophical virtues become meaningful. If the procedure of purification of soul takes place effectively through removing vices and attaining virtues, the result shall be human salvation. By Salvation, Imam Khomeini refers to monotheism that is the ultimate goal of human spiritual and theosophical journey.

The influence of ethics and law on each other has been among important issues and source of dispute among the ulema of ethics and law. In the meantime, studying the theoretical and practical conduct of Imam Khomeini is of special significance since he has valuable opinions on both ethics and law as a great jurist and theosophist.
The study of the evolution of legal and ethical schools of thought puts forward a few questions to answer. The most important issue, in the meantime, is the methodology of subject analysis. This method is like a roadmap that leads us toward finding the right answer. According to the hypothesis of this paper, the first thing to do is to get an accurate and joint understanding of ethics and law with respect to Imam Khomeini’s views on division of sciences in order to present the conduct of the founder of the pertinent legal system. In the second stage, it is necessary to stick to the logics and four forms of communication to picture these diversified forms of communication to find the contradictory forms accordingly. In the end, examples have been included from Iranian law to make the subject matter more palpable.