A Study of Imam Khomeini's Viewpoints about the Origin of Hojjiat Qata'

Considering the hojjiat Qata’ essential is among the statements prevailing among the experts of principles of jurisprudence, some of whom consider it definite which is called the origin of hojjiat Qata’. Imam Khomeini is among few contemporary experts of principles of jurisprudence who initiated critical study of this issue. Attempts have been made in this paper to study and explain the concepts and process of emergence of this issue in principles of jurisprudence. Also the viewpoints of Imam Khomeini about this issue have been studied critically, shedding light on its strong and weak points. His contention of rejection of hojjiat zati qata’ has been proved and explained through a different argument. According to Imam Khomeini, hojjiat qata’ is not a contractual issue, rather it is rational verdict, which is relevant for the qatas, whose subject is mulavi decree. Also some of the different explanations given by Imam Khomeini have been questioned and it has been demonstrated that differences of opinion about the origin of hojjiat qata’ leave their impacts on the direction of other subjects.