اختیار

Marriage and divorce are among the issues that have received attention in Ancient Iranian law, and the reason for this is that the issue of marriage has been of special importance in Zoroastrianism. In doing so, Ancient Iranian law, which is based on this tradition, has paid special attention to this issue. Further, the issue of a woman's ownership of her property and what she gets from her husband during marriage, as well as her ownership of property after divorce, is one of the branches of these two issues. The basic question of the study is whether women have authority in the topics of marriage and divorce, as well as the property or not? To answer this question, we have first examined two introductions (equal rights of men and women and free will) and after explaining these two concepts in the Zoroastrianism and the Ancient Iranian Law, we have explained marriage and divorce in the tradition of Ancient Iran. Last but not least, the issue of women's ownership during marriage and after divorce has been investigated.

The present article is a research of the doctoral dissertation in the field of Islamic philosophy and theology entitled The study of human power and authority from the perspective of Khajeh Nasir al-Din Tusi as a theologian and Mulla Sadra Shirazi as a philosopher, Which has been written with the aim of identifying and explaining the views of these two thinkers on human power and authority: 1) Definition of power and authority from the point of view of Khajeh Nasir and Mulla Sadra 2) The difference between power in man and God from the point of view of Khajeh Nasir and Mulla Sadra 3) The opinion of Neo-Sadraians (Sadra commentators) about human power and authority 4) Opening the way for philosophers and theologians regarding human power and authority 5) Explanation of the rule of the thing, which does not exist, does not exist A main hypothesis between Khajeh Nasir and Mulla Sadra's views on solving the problem of human power and authority is strategic differences and 4 sub-hypotheses that were confirmed in the treatise of all 5 hypotheses. The present study is a qualitative research, so its validity and reliability has been done through the correct and wise conduct of the research process, which is from subject selection to defense. First, the generalities of the research, theoretical foundations, background of the research, and then the hypotheses were explained and the research questions were answered. Finally, all six hypotheses were confirmed and six questions were answered.

One of the remarkable properties of modernism is rationalism and intellectualism. In modern era, intellect is a reliable and credible tool to recognize existence; hence, it is known to be the most predominant tool of cognitionIranian society was influenced in terms of modernity and rationalism as the foundation of culture of modernity.Influenced by modern rationalism, the contemporary poets have doubted a number of popular beliefs, destiny and fatalism. Manifestations of modern rationalism can be observed in the poetry of some poets like Nima, Shamlou, Akhavan, Shafiei-e-Kadkani, and the like. The present study employs descriptive-analytic method to analyze the manifestations of rationalism in poetry of the mentioned poets. It has been discovered that under the influence of modern rationalism, the contemporary poetry has rejected interference of supernatural powers in the destiny of human being, fate, superstition, and popular beliefs and instead has taken intellect to be the source and pivotal point.

The will and freedom of human actions and on the other hand algebra and involuntary actions are among the long-standing issues that not only thinkers and philosophers who have attracted the general public He has studied the method of the Ahl al-Hadith and the Ash'arites, and the philosophical method and material determinism, and in the matter of authority, including the school of the delegates and the matter between the two, and the school of existentialism. The aim of this study was to investigate and analyze Ayatollah Sobhani's critical approach to the issue of the sequence of infinite wills and the eternal will of God through a study-library method. The results showed that from the point of view of Ayatollah Sobhani, God has created the world with his will based on the system of cause and effect, and believing in the absolute will of God is not a matter of coercion. Sobhani believes that the divine will belongs to human free will and not to human actions. While the Ash'arites consider the subject of the divine will to be contrary to free will and in line with determinism, Sobhani, unlike the Ash'arites, considers the free will of man to be the subject of the divine will. Therefore, in his view, whatever the divine will is, it will not contradict human action, because God has placed the foundation on human freedom.

Algebra is one of the most important philosophical, political, and social issues of Islam because it has a lot to do with the role of human beings in their actions and their well-being. The history of Islamic thought has always been the site of intellectual controversy among the proponents of each of these theories. The Ash'arites are one of the schools that strongly supported determinism. The arguments presented by them dominated the history of Islamic thought for about 14 centuries. Ayatollah Jafar Sobhani has criticized the deterministic view of the Ash'arites in his book Algebra and Authority. The aim of this study was to investigate Ayatollah Sobhani's critical approach to Ash' arite determinism using a study-library method. In the book of Algebra and Authority, he criticizes the Ash'arites in general in explaining the issue of Algebra and Authority in three cases: Contradiction between human free will and absolute divine will.

Freedom is the most important concept in Kant's practical philosophy. Purpose of this paper is to examine relation between freedom and other concepts of Kant's practical philosophy with politics in general and desirable government in particular. We first provided a theoretical framework derived from phenomenology theory. We studied it in a descriptive-analytical method. In this theoretical framework, we can analyze how to prove the freedom of human will. The authority is base of Kant's practical philosophy and the two concepts of "duty" and "right" are determined by it. Duty in realm of inner freedom is object of ethic and right in realm of external freedom is object of private and public rights. By examining Kant's political thought a number of important results were obtained; first, when one's practice is ethically valid that be completely free and there is no other motive other than free will (principle of duty). Under these circumstances, individual’s perfection is possible. The characteristics of a Kant's desirable government that provide the conditions for individual’s perfection are: 1- Ending human beings 2- Individual freedom 3- Rule of law 4- Principle of separation of powers. Kant introduces the constitutional republic as the desirable state.

In religious sources, general guardianship, wilayati amm, is considered for jurisprudents, and the jurisprudent guardian, wali faqih, considering his position of jurisprudence, is of a general guardianship in the Islamic government, just as the guardianship of the Holy Prophet (s) and Ahl al-Bayt is general, because the jurisprudence is the guardianship of the Messenger of God. The interference of the Prophet (PBUH) and the Ahl al-Bayt in all the affairs of the people, even in the privacy of individuals, is done on the basis of expedience. There may be found some historical examples that prove this claim, considering that the Supreme Leader has authority over other jurists in managing society. Regarding the intervention of the Supreme Leader in such matters as marriage, small children ... it can be said that the limit of authority of the Supreme Leader includes individuals` privacy also. And if these two principles are observed in the authority of the Supreme Leader, no one can violate the ruling of the Supreme Leader based on interfering in the privacy of individuals based on expedience.

The purpose of this study is to determine the effect of delegating time commitment to Iranian law and international documents. During the conclusion of a contract, whether verbally or in writing, it may, for whatever reason, be made available to the commitment. How- ever, if the pledge does not consider the pledge to be in his interest, he will not be willing to carry out the pledge claim. In particular, the laws of our country are silent on this. Therefore, to avoid wandering, in accordance with Article 401 BC. It is invoked, as prescribed; if the term for option clause is not specified, both the option clause and conditional sale are invalid. The court procedure is also dual. The nullity of such a commitment also prevails in the theory of jurists. It therefore seems to be the difference between the will to make a commitment and the will to execute it.

In religious doctrines, obedience is especially important in the eyes of the Infallibles, so that true faith is subject to intellectual and practical submission to God and the Prophet of Islam. However, even in the face of infallibility, it has been emphasized that obedience is based on two principles of option and vision and the obedience should not be ignorant and algebraic. But in the management system, regarding the command and subordination relationship between the superior and the subordinate, several theories have been put forward, including contingency theories explaining that there is no single version of management, rather the management is subject to contingencies. This is in some way opposed to the obedience subject to option and vision. This article, in an interpretative way and by analyzing the qualitative content of the verses and narrations, presents the evidence that the obedience is based on option and vision, and presents its infallible patterns, and it seeks to present the view that when it is forbidden for infallibles to commit algebraic and ignorant surrender, this prohibition applies to the non-infallibles as well and it should be considered in the Islamic management, one of its important mundane outcomes being the consolidation of the spiritual and physical discipline of the staff.

The Article with a focus on the Opinion of Allameh Tabatabaee seeking to concept and features of human dignity. Therefore, based on “methodological hermeneutics” method and refers to librarian resources of Allameh Tabatabaee, define the concept of human dignity. Then fits to this concept refers to features of human dignity in Allameh Tabatabaee’s though. After that trying to show relations between this features. Conclusion based on Allameh Tabatabaee’s thought illustrate concept of human dignity is: “kind of dignity that is common between humans and proposed in creation process based on human nature”. Finally features of human dignity refers to Allameh Tabatabaee’s thought are: “inherent dignity”, “prominent of human creation”, “Centrality of human for other creatures”, “nature”, “wisdom”, “knowledge”, “free will”, “Acceptance of a divine trust”, “Human caliphate” that regulate in systematic rules that shown in conclusion of this article. So this features are evidence that prove being of human dignity in Allameh Tabatabaee’s thought.

In light of the solid bond between “political idea” and “anthropology”, the present study aims to provide a suitable anthropological framework by which a variety of political ideas of thinkers can be perceived. The case study of this research is the political ideas of Sheikh Shahab al-Din Suhrawardi, was conducted with a descriptive-analytical method, and data collection was library. The results showed that human nature is influential in determining the suitable presidency in a city, the basis for ruler’s legitimacy, manner of ruling and the nature of politics. Admitting authority overshadows the basis of ruler competency and the need for his accountability regarding the relation between rights and obligations. Knowing that human is civilized by nature has been embodied in the foundations for forming society and establishing state, ontology of law and who a legislator is. Authenticating afterworld life gives rise to such subjects as standing down from assuming power, which is the culmination of politics, which gives us such outcomes as holding political leaders accountable in the afterlife, preventing others’ rights from being violated, determining the provisions and practice of nurturing and people’s subordination to ruler. Human’s teleology can shape three bases--the basis of legitimacy, the ultimate goal of state, the laws ruling society, so that he can be assimilated into the almighty God.

Culture is a category focused on by many theorists throughout history. One of the key issues in this regard lies in the necessity and the possibility or the refusal to control and manage the culture and the limits of government intervention in culture. The comprehensive and totalitarian view of unifying the culture and the liberal viewpoint, by rejecting the possibility of managing culture, tends to spontaneous order. The present paper seeks to explain culture management in the thoughts of Ayatollah Khamenei. To answer these questions, after explaining the main concepts, the ontological, anthropological, epistemological, and sociological foundations are raised and based on them, principles are extracted. Based on the principles, gardening the culture, as Ayatollah Khamenei`s model of managing culture, is explained. The research strategy is qualitative and the method is transcendent inference.

By examining different schools of political development, we can say that one-dimensional and totally materialist attitude to man based on the principle of humanism is one of the most important ones.In this sense, political development, religion, and moral propositions are eliminated as a barrier to political development, and this become a very material and universal meaning. But in Islamic thought, the ultimate goal of political progress is the achievement of mankind for the ultimate perfection and perfection of the Islamic caliphate of Allah. Meanwhile, in addition to arranging the world of their worlds as best they can, they embark on the path to excellence and achieve divine glory. The achievement of this important goal is the foundation of the human basis of political progress on Islamic teachings. In this paper, four of the foundations of the anthropology of political progress in Islam (empathy, authority, immortality, and human dignity) and their impact on political relations are analyzed.

Mu’tazilites is famous for Intellectualism among the Intellectual trends of Islamic civilization. The foundation of Mu’tazilites being also famous for “the people of justice and unity” is consistent with the validity of reason and priority to narration. Their emphasis on the position and role of reason and its priority to narration is of close connection with the free will and freedom of human being. The idea of free will along with the principle of “enjoin the good and probed to do evil” was along with the luminous achievements and results in favor of the political thought of Mu’tazilites which can be considered within the framework of the instruction of elective Imamate.
This instruction planned to determine the boarder with Shiism and the other intellectual trends of Sunnite people introduces Imamate with the conventional fate and with the aim of satisfying the mundane benefits or expediencies. Although Mu’tazilites identifies the role of people in choosing and dismissal of Imam as well as the objection and resistance towards him, they finally rely on people efficient enough to appoint Imam. In this regard, the political theory of Mu’tazilites is mostly consistent with the tendency towards elite people and it is different from the sovereignty of people in democracy. The present article has a quick review on the development of Mu’tazilites and its theological foundations and investigates its political thought.

Knowing the self is the first step to know society and even Allah. Since Transcendental Philosophy is a precise and thoughtful system of thinking, Mulla Sadra’s viewpoint towards man and his/her characteristics is also shaped by his philosophical foundations. In this paper, which deals with anthropology in the Transcendental Political Philosophy, after elaborating on some basic concepts, I try to answer the question that what characteristics man has according to Mulla Sadra’s Transcendental Political Philosophy. In answer, it is believed that, on the basis of the theoretical foundation of anthropology in Transcendental Philosophy such as Originality of Existence, its being skeptical, and the existence being changing, man has a civil nature and free will, is acquisitive, rational, in need of law and always in conflict between power and virtues. According to this study, the more man is knowledgeable, the more capacity he will have; thus, the ground will be prepared for him to adopt divine features and moralities.Keywords: