authority

The purpose of the current research was to analyze the deviation from fair criminal proceedings affected by the status and position of the accused in Iranian law and international documents. In this research, which was carried out using a descriptive-analytical method, the fairness of criminal proceedings, which is one of the most important principles governing the entire process of criminal proceedings, was examined. The definition of fairness, in addition to being raised in relation to the stages of a criminal proceeding, is also raised in relation to all criminal proceedings and the overall process of criminal proceedings, in such a way that all members of the society are placed in an equal and identical situation and with all Be treated the same. In some cases, the criminal proceedings are affected by the status and position of the accused, and some stages of the criminal proceedings are carried out under the influence of this factor in a different way than others, although this difference has bases and causes that are tried It is to justify it, but if the discrimination cases go beyond the exception and include a wide range of people, the fairness of the entire judicial system will be questioned. In examining the situation of deviation from fair criminal proceedings affected by the status and position of the accused in Iran, it was found that the realization of a fair trial requires the reduction of discriminatory cases in criminal proceedings due to the status and status of individuals and the sameness of the criminal proceedings process for all individuals in the society with the foundations of jurisprudence and Religion is also more compatible.

Researches on the subject of "governance" are expanding in the scientific space, but this subject has not yet found a clear literature. For this reason, this research tries to approach some important aspects of governance in its new meaning, so as to firstly create a correct understanding of them, and secondly, to clarify the relationship of the Islamic Republic of Iran with those aspects to some extent. The main question of this research is as follows: What challenges and opportunities do the fundamental features of the new governance create for the Islamic Republic system? Due to the scope of the aspects of governance, this research will only clarify the relationship of governance in the new sense with authority and democracy as two important aspects that have the most contact with the current political system of Iran, so that with a degree of self-awareness, we can understand governance in the field of political and Social life. This research has shown through analytical-descriptive method and with the help of reliable library documents and by introducing three rationalities as three types of governance that governance in the new sense is compatible with the third rationality. The findings of this research show that governance based on the third rationality challenges and opportunities such as greater participation of people in decision-making, increased productivity in the implementation of policies, increased socio-political legitimacy, lack of attention to Threats in the field of culture and fixed religious values create a severe limitation in policy-making related to transcendental values.

Many of the most prominent political theories have been written in response to the loss of coherence or the sense of danger of disintegration of the order, and have forced humanities thinkers to evaluate the stabilizing elements. Why and how despite political conflicts and lack of consensus, social collapse does not occur? Basically, every thinker has provided a solution to this question and solving this crisis according to the time and geographical period. The social order that is placed against disorder and insecurity depends on the type of relationship between the government and civil society as well as social contracts. In the period of anarchy and social crises, governments try to overcome the crisis and prevent collapse by strengthening solidarity factors, whether value-based factors or fair distribution of wealth or by coercive means. In the era after the Islamic revolution in 1357, with the formation of a political system based on religion and with the centrality of Shiite jurisprudence, crises and disorders have arisen, and each of them has had different reasons during the last four decades, which in this research at different stages of the factors Instability and its solution tools have been investigated.

The subject of this article is the basis of political power. In any society, political power is an established matter in its civil domain and undoubtedly needs a foundation. The main question of this research is what is the basis of political power in Imami jurisprudence and Imam Khomeini's political thought and what indicators and criteria does it have. At first, this research has studied and investigated the basis of political power. Then he followed this concept in the theoretical literature of Imami jurisprudence. Further, by examining the theoretical system of Imam Khomeini's political thought, he has shown what importance this basic and central concept had in his political discourse. Then, by making several indicators and criteria, he has compared and equated these two intellectual devices with each other. This research has reached the conclusions that political power in Imam Khomeini's thought has a dual and mixed basis, in which there are not only elements of divine sovereignty, but also elements of low-to-high power theories. On the other hand, this dual and combined basis has been able to respond to the requirements of the modern world while preserving tradition and adhering to the pillars of traditional jurisprudence. The research method is comparative and the data collection method is documentary and library.

The issue of the authority of the president in Iran is always one of the topics that are in the presidency of Indviduals andAbstractThe issue of the authority of the president in Iran is always one of the topics that are in the presidency of Indviduals and the beginings of the officals elections in scientific and public circles, and as well as two general views of Mitney on the interpretation of the point of extensive survey, it is true that There is an interstitial View in this regard, because the relationship between these two interpretation (public publicy)is. In this research, with a descriptive analytical review, while reviewing the constitution and the law of determining the scope of the presidency and responsibilies of the Islamic Republic of Iran, we have concluded that even in accordance with the view of destrictive interpretation Also in the scope of the authority of the president as a responsible for the executive of the constitution, the place of conflict is outside the area of the executive branch, not in the executive branch Itseif. And in other words, the implementation of the constitution in the executive branch is located as a common magnitude of the president’s at least it is practice of his authority of other laws

If ‘authority’ is defined as a representation of life, national dignity, honor, development and hope for the future, it will bear relation to being robust. In this regard, Ayatollah Khamenei, as the supreme leader of Iran and a prominent jurist, repeatedly mentions authority and its leading role in avoiding challenges, threats and atrocities of global imperialism, and its important place in helping our country achieve its aims. With due respect to significance of Islamic Republic of Iran’s authority in the national and international contexts, the present paper aims to explain and extract substantial and jurisprudential foundations and principles of Authority of Islamic Republic of Iran from Ayatollah Khamenei’s viewpoint, which has been done with a descriptive- analytical approach through data collection. The findings reveal that according to the supreme leader, ‘Authority’ occurs when there is a variety of economic, political, cultural, scientific and military elements which support stability of Islamic system of our country, and when Iran holds its place in the world. The leader’s view toward authority is rooted in jurisprudential principles i.e. Islamic fiqh and sharia, including rejection of sovereignty, no damage, necessity of respecting divine signs, obligation of maintaining the Islamic system, and promotion of equality.

The unique features of the emerging blockchain technology and its new tools such as cryptocurrencies, despite having significant benefits, have posed various difficulties for states. In particular, the centrifugal structure of the blockchain has made it an important challenge to the sovereignty of the modern state. Too much emphasis on the sovereignty of states and ignoring the capabilities of decentralized technologies will result in nothing but an inefficient structure for states. But the assumptions based on the complete domination of blockchain technology over the sovereignty of states, at least based on the available data, do not seem very realistic. The present paper, using a descriptive-analytical method, answers the question of the consequences of blockchain for state governance without falling into the trap of simplistic unilateralism and dualism. The present study finds that the sovereignty of states and the strength of blockchain technology have framed today's complex life in practice on the basis of interaction and will continue to do so in the near future. Although the first party (state) seems to have the upper hand in such a framework, the distant future is unpredictable. To answer the above question, understanding the characteristics of the mentioned technology, recognizing how states react to it and evaluating the perspectives of how the two sides of the relationship interact (sovereignty of the state / blockchain) in order to make the good policy in this regard, it seems necessary.The analysis of what has happened to the states in the last century shows that the application of the sovereignty of the states is gradually eroding. The changes caused by the creation and development of new technologies have forced the governments to take a specific reaction against the mentioned phenomenon. Some of the characteristics of blockchain technology such as its decentralized and trans-spatial structure, in particular, some elements on the governments, such as the authority to enact comprehensive laws in a specific territorial area and the authority to print national currency (fiat) and control it from It has faced a serious challenge through various economic and financial policies.Any simplistic view regarding the complete dominance of the state's sovereignty over blockchain technology, as well as the passing of the aforementioned technology from the state's sovereignty, due to ignoring the other party's capacity to coordinate with the developments of the day and manage it, does not seem justified. This issue has caused the government's response to this phenomenon to fluctuate, from complete prohibition to legal restrictions and recognition and even the production of cryptocurrency. It is noteworthy that so far, some governments have not shown any legal or practical reaction to this phenomenon. Despite the relativity in the above assessment, it should be acknowledged that the technical ability of each government in dealing with new technologies (here, blockchain) is one of the most important factors in determining the type of government's response to this phenomenon.Despite considering blockchain technology as a threat to the sovereignty of states, the opportunities and advantages of the mentioned technology for exercising the sovereignty of states should not be overlooked. In other words, the blockchain technology with its unique features puts innovative methods and mechanisms in line with the government; A tool that, if governments are equipped with the mentioned technology, will deeply affect the scope and effectiveness of the government's actions in the two areas of law making and monitoring its implementation. The aforementioned reality, along with the development of virtual space (and its effects on the diminution of the government's sovereignty in a certain territorial area), doubles the necessity of a justified and calculated response to blockchain technology. However, it should be acknowledged that the technological threats to the government's governance are far greater than its opportunities. The absence of a central control authority in this technology and the equality of all users, as well as the impossibility of refining it by governments or any other person, clearly undermine the government's ability to exercise sovereignty in this field, at least in the current situation is excluded; A thing that also removes other threats to the government's sovereignty (including providing a platform for money laundering and other crimes).Due to the newness of the above technology and the incomplete experience of states in reacting to it, it may not be possible to provide an accurate prediction of the outcome of this relationship (interaction between government governance and blockchain technology) at this stage. Based on this, the range of actions that governments can take in response to the above phenomenon cannot be fully explained and accurately evaluated. Nevertheless, in the current situation, although governments, like other individuals, have the possibility to enter this field and produce cryptocurrencies; Also, they can try to deal with or manage the mentioned phenomenon by prohibiting or imposing some restrictive conditions, it should not be overlooked that the range of the mentioned measures apparently could not and may not be able to create an important practical obstacle for people to enter to this arena. All this shows the necessity of adopting a realistic approach by governments towards this phenomenon, especially considering the consequences of not having a specific reaction against it. The course of the studies conducted in this article apparently indicates that governments are moving towards the option of peaceful coexistence with blockchain technology, of course, with the imposition of certain conditions and specific requirements in order to manage it (to the extent of the technology's capabilities). Governments will move.Considering the concentration of at least part of the capital of some Iranian individuals in crypto-currencies and predicting the possibility of its continuation in the future and even the entry of more capital in this direction, compiling a model of the Iranian government's justified response to the aforementioned phenomenon with a comprehensive review of experience other governments and evaluating the advantages and disadvantages of each of the models and prescribing the most suitable response based on the economic, political and even cultural conditions and requirements of the Iranian society, can be used as a suggestion for future researches on this issue. be taken into consideration and action.

National authority for a country preserves its identity, its dignity and the means to achieve its ideals. Power is the most important goal of the countries that seek to achieve it, and this is subject to the realization of certain characteristics and components. The national authority of the Islamic Republic of Iran is based on soft authority rather than hard authority; however, the Supreme Leader of the Revolution's emphasis on strengthening and increasing military strength is only for the purpose of defending and deterring the threats that the Islamic Republic is facing. In this research, the concept and indicators of national authority in the thoughts of the Supreme Leader have been studied. His Highness addressed to the officials to strengthen the indicators of national authority. According to him, the authority of Islamic Iran requires that the country be able to appear at its highest level in all areas and affairs. Expressing characteristics such as political authority, preserving the principles of the revolution, and honorable treatment based on the principle of dignity, wisdom and expediency with the leaders of other countries, cultural authority by reproducing indigenous humanities, scientific authority, military authority and most importantly, strengthening the country economically and The severance of dependence on other countries can be formed by emphasizing a resilient economy and supporting domestic production.

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.

Discussions on political thought in Iran, focusing on the Islamic period, refer the researcher directly to a collection of works that have been written under the title of policy in different periods of history. Policy-making in this period is the result of the accumulation of an intellectual-cultural dichotomy that on the one hand is a reflection of political thought in ancient Iran and on the other hand is mixed with elements of Islamic political thought. The most authoritative work in this framework It is Seljuk. Since then, other works that have been written and addressed under this title have followed almost the same trend in terms of method and content. However, it would not be an exaggeration to say that the purpose of writing these works was in principle to maintain power. Maintaining the ruling power can be understood by trying to legitimize it in a knowledge-power interaction. Therefore, according to its subject, an attempt has been made to answer the question of the relations between power and expediency of the political authorities and the ruling socio-political power in

One of the main and key aspects of governance in the political system is the position of judge. Judgment is the most obvious position that is very important from a legal, jurisprudential and social point of view and has many challenges in the governmental organization. It is important because it shows the commitment to the law and the seriousness in doing so in protecting all human rights. In any government, the judge and the judiciary and fair judgment have a high status and great importance. The judge is the executor of the law and the guardian of justice. Judgment is an important matter that among its various subjects, the issue of independence and attributes such as knowledge and being a mujtahid is important and valuable, because the existence of these conditions is the prelude to the realization of justice. For many, the question may arise as to whether the judge should be independent or not and whether the judge's knowledge should be at the level of ijtihad or not. And what are the evidences and principles that distinguish an independent judge and a mujtahid? According to the questions raised, the present study, which has been conducted by the method of documentary and library study, with the aim of jurisprudential and legal study of the independence, science and ijtihad of judges seeks to answer these questions.

From all that has been stated in jurisprudence, it is clear that the most important reason for the validity of the opinion of experts is the behavior of the wise on referring to experts and the rule of ignorant reference to the world. In addition, the necessity of gaining trust and confidence in the opinion of experts has sometimes been emphasized, and some have even considered the conditions of testimony necessary. For all these reasons, there are still opinions that contradict the authority of the experts, On the basis that, although the rationale is to refer to experts in matters relating to experts, this does not mean that the Shari'a's opinion always agrees with the rational. Also, in the Shari'a, there is no evidence that the opinion of the expert is signed by the Shari'a, and since acting on suspicion is also forbidden, acting on the promise of the expert is not permissible. Of course, in assessing the conflict of expert opinions, it should be said that there are many rulings for which there is no text from the Shari'a And as it was stated, not rejecting the Shari'a in matters such as the principle of correctness, single news, etc. can be a license for their correctness. Also, if the words of the experts are not considered valid, a vacuum will be created in specialized issues related to the experts, and according to the jurists, the scientific chapter will be blocked.

Al-Hashdal al-Shaabi in Iraq is one of the institutions established by the Iraqi Supreme Authority at a critical historical juncture, inspired by the Basij Organization of Iran, to counter the harsh threat posed by ISIS. Hashad al-Shaabi is an institution that has dual dimensions and six components of basic public security. In addition to bringing the people to the forefront as agents of repelling threats and producing security, it has also defined the issue and source of security in accordance with the will of the Iraqi people. It has also been able to effectively counter the threat posed by ISIS and to do its job well in defending the holy sites, the people and the sovereignty of Iraq. Using a library method for data collection and a descriptive-analytical method for analyzing the findings, this article first enumerates the dimensions and components of "basic people security" and then examines the situation of Hashad al-Shaabi in compliance or non-compliance with these dimensions and components. Is. In the people-based security approach, people are considered the center of security in such a way that people are both the exploiter (reference) of security and the agent of security. People's security is closely linked to social capital and identity. The findings of the article show that in grassroots security, people become the main agents of security production and government security agencies can use this huge capacity to minimize threats while maintaining security at the desired level. The security of grassroots people has two dimensions: "social capital"

Throughout history, government officials and important personalities have always been at risk. The main question of this research is "Is the protection of officials and personalities accepted in Islam"? To answer this question, we referred to the main sources of Islam and this main question was answered by a jurisprudential method. In this study, two different categories of evidence were found; Arguments that agree with and support the protection of personalities and officials in Islam, and arguments that seem to conflict with protection. Following various works and examining the evidence, the result of this research was that protection in Islam is a certain and accepted thing; However, according to the desirable characteristics of the Islamic ruler, the desirable fraternal relations in the community of faith and the beliefs of the believer, conditions and conditions must be set for it. In the meantime, the prohibition of intentional destruction and the order to guard in the prayer of fear are the most important arguments in favor of guarding in Islam. We also see in the biography of the Prophet (PBUH) that he was protected in wars and many bodyguards have been mentioned for him throughout history. Low identification of security in Islam can lead us to the right model for today's complex world.

The discussion of the exercise of power and legitmacy of governments as well as the efectve insttutons in it as one of the most fundamental topics in philosophy andsociology has always been at thecenterof research.In the contemporary history of Iran, ignoring the sources of legitmacy for the contnuatonof government has caused governments to be associated with acrisis of legitmacyand the wavering of sources of legitmacy, fragmentaton and short life.The purpose of this study is a comparatve studyAnd the system of the Islamic Republicis in the history of Iran According to Weber's theory, legitmacy iseither derived from the traditonal heritage, or from the charismatc qualites of a leader, or is provided by lawThroughout the history of Iranian society and its social system, changes have taken place that have also afected the patern of legitmacy.Therefore the present artcle tries to study the model of power and legitmacy in these three historical periods of the politcal system by referring to related sourcestexts and documents and using analytcal-comparatve method with acomparatve-historical approach. To answer whatare thecomponents of legitmacy in the traditonalmonarchical and system of the IslamicRepublic of Irane And what are the commonalites and diferences between the components of legitmacyin these three politcal system monarchy centered on patrimonial-authoritarian and in a monarchical system centered on dictatorship (absolute power) charismlegal and in the system of the Islamic Republic, in additon to having a divine aspect and religious powers, democracyis based on legal procedures and efciency What these three systems have incommon is their multidimensional and hybrid domain,which has been more focused on one component in eachperiod.

Whatever in the researchers studying don't be attention on the Jihadi Salafism is the relation between the thinking and the situation of the epoch; postmodern era needs own special thinking, like tools and necessaries of the encounter with threats have been shifted. Ought to study that Salafists how thinking on external circumference and which factor have increased and abounded them in this era? This research have been studied the bases of the escalation of Jihadi Salafism on two conceptual and external motive factors, and have seen it consequences in ever far-flung of this trend and international society's debility on control and counter with them. For explain this hypothesis that have been fulfill by descriptive-analytical method, first have been used from rhizome metaphor as framework to transition from authority-base on self-ruling in Salafism, until be shown the Salafi conceptual transition from imitation from clergymen to direct imitation from the exact text. And then, has been used from west military invasion on Islamic society as external motive and duplication of the Jihadi Salafism groups. Finally, have been suggested this conclusion that the only solution to dry theirs life possibilities is the factors such as no access to financial resources, equipment, manpower and information.

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.

Various goals have been stated for punishment as a reaction to a crime, but one of its most important goals is to restore stability, peace and security to society, to correct the offender and to return him to the right path through error. Prosecution of criminals is the best way to create security in society, but sometimes neglecting punishment provides the best interest of society. In situations where the punishment loses its effectiveness and sometimes leads to corruption, it is time to apply other cases such as suspension, parole and amnesty, which, if used correctly and instead, can be the purpose of the punishment. It's going to provide a better way.Among the mentioned cases, amnesty is the oldest of them, which has been introduced in different societies, religions and tribes from the distant past and has been applied in different ways.The highest type of amnesty, which is called "amnesty amnesty" in jurisprudence, and according to the existing principles in Islamic criminal policy, can not only provide the development of criminal justice, but also show the face of mercy and devotion to religion to increase the authority of Islamic rule. And the effects of this type of amnesty in different dimensions, have been dealt with analytically and using library resources.

The armed forces of the Islamic Republic of Iran are known as one of the main components of national power and during the course of his career, the Supreme Leader expressed the main points in this area that they should be the head of the work of the commanders and officials. The purpose of this study is to identify the concepts and categories related to the armed forces and ultimately provide a model for the supreme leader's idea of the armed forces. The research methodology, qualitative and strategy is the grounded theory. Also, the statistical society of the study will contain all the statements and written letters from the beginning of leader responsibility to year 1396. Based on open coding, 1066 codes were identified for armed forces, which were coded in axial coding in the form of 839 concepts, 51 sub categories and 15 main categories. The main categories are the preparedness of the armed forces, the unity of the armed forces, the characteristics of the armed forces, the mission of the armed forces, the reinforcement of the armed forces, the command of the armed forces, the acquisition of experience, the interactions of the armed forces, the authority of the armed forces, the achievements of the armed forces, self-sufficiency, Peoples' orientation, Goddess orientation, Jihadi Work and effort, and Organizing Armed Forces.

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.