Imam Khomeini's Approach to the Fiqhi Rule  Al-Kharaj bi l Ḍamān and Its Function in Establishing the State's Civic Responsibility

The civic responsibility of a state as a modern idea has been accepted in all legal systems. The study of laws shows that the civic duties of ths state have not been formulated in a systematic way in the legal system of Iran and the Islamic state, within certain rather incoherent laws and regulations, has taken the responsibility of its administration in certain fields. The only general law which defines this kind of duty is a civic duty law whose governing spirit does not correspond with the rules of civic responsibility in the law and is not the occasion for ÃamÁn in fiqh. Moreover, making amendments to current laws and formulating new laws need to determine the basis for the state’s civic responsibility. Drawing upon analytic and descriptive method, this research work seeks to elucidate what the faqihs (jurists) say about the rule ‘Al-Kharaj bi’l ÂamÁn’, and show that if Imam Khomeini’s different approach to the issue in question is accepted, this rule can be proposed as the basis for the state’s civic responsibility which corresponds with the theory that “citizens are equal in making public expenditures.”