پژوهشنامه متین
پیاپی 67 (تابستان 1394)

The issue of comprehensiveness of the Quran is among fundamental subjects, which has been discussed by renowned Sunni and Shia scholars and exegetes. However, despite firm belief of exegetes and acknowledgement of this issue by Muslim exegetes, it has never been independently and comprehensively studied by researchers of the Quran. Whenever they have touched this issue, it has been overshadowed by scientific interpretation of the Quranic verses. On the other hand, the exegetes have had controversial ideas in explaining the comprehensiveness of the Quran and determining its domain and expanse. In other words, some exegetes believe in absolute and maximal comprehensiveness, while others advocate specific and moderate comprehensiveness. Among the Muslim thinkers, Imam Khomeini’s approach to comprehensiveness of the Quran is a particular approach which is realistic, innovative and at the same time applied. This approach is unique among Sunni and Shia exegetes. This article is an attempt to explain Imam Khomeini’s method of Quranic studies with emphasis on the comprehensiveness of the Quran and its dimensions.

The issue of property ad ownership of intellectual properties enjoys a very high significance, for through a proper or a wrong analysis one can extend the limits of property and ownership to the borders of intellectual properties or make a distinction between material and intellectual properties. The present article is an attempt to explain the legal domain of property and ownership in the field of intellectual properties. Hence, the meaning, concept, nature, and different types of ownership and property have been explained and the issue has been studied in the light of these four aspects, i.e. the legal condition of intellectual properties has been discussed with regard to each aspect. The main hypothesis of the present paper is: there are no differences between the legal condition of intellectual property and ownership with other types of properties. There are jurisprudential precedents supporting this hypothesis. The existence of the element of utility and benefit as well as scarcity in intellectual properties marks the similarity between material and intellectual properties.

The dominant feature of Imam Khomeini’s character is his wayfaring and servitude to God and consequently his status as a guide in the light of love of creatures and servitude to God. In acquisition of knowledge and traversing the path of politics and trying to establish a government, he relied on the divine power, truthfulness, upraising in the way of God, the Quran, the school of the holy Prophet of Islam and his holy progeny. When the goal is knowledge of God, undoubtedly, Imam’s mystical thought can play the strongest role in the field of his leadership and politics. In fact, he maintained, “our truth is our very politics”. Therefore, given Imam Khomeini’s works, lectures, and mystical character as well as his unique role in leadership of the Islamic Revolution, attempts have been made in this paper to study Imam Khomeini’s political mysticism and mystical politics, which created a “spiritual revolution” in its broad sense in the modern age. Also the role and status of Imam Khomeini’s mysticism in his political thought is studied in this paper.

The development of Iranian-Islamic model of progress is subject to preparation of grounds and contexts to achieve sustainable growth and development. Islamic legal system has not been heedless of the trend of progress of the Muslims and a firm jurisprudential support has been stipulated for creation of incentive to achieve this goal. The impact of this incentive is to the extent that on the basis of this valuable support, despite the hostile economic pressures of the enemies toundermine the Islamic Revolution, the economic foundations of the country, under the leadership of Imam Khomeini as a reformist jurisprudent, moved towards correct consumption from a consumer model, to prepare the grounds forinvestment, self-sufficiency, national production and sustainable growth and development. Since Imam Khomeini’s thoughts and viewpoints are the key and roadmap to solve many problems, in current sensitive situation too, one of the key preventive issues, which is attainable through education, is observation of consumption principles in the Islamic society. The present study is an attempt to explain the relationship between observation of correct consumption behavior and sustainable growth and development as well as the jurisprudential arguments for creating incentives for the citizens to move towards this direction. Certain jurisprudential principles such as impermissibility of extravagance and wasteful consumption can create incentive for supporting domestic production and move towards sustainable growth and development.

A contract, as a legal institution, always faces incertitude in achieving its goal. It is through proper control and accountability towards the incertitude that one can explain the commitments and prorogations of the two sides to a contract. Since the conditions for conclusion of a contract can also guarantee its implementation, it is necessary to pay due attention to arrangement of a contract, commitments of the two sides and division of related risks between them. Hence, knowledge of the essential nature of risks related to the two sides’ commitments, the impact of opportunities and threats, including the financial, operational, competitive, political and social ones as well as strategies for the communication between the two parties would help the two signatories to the contract to adopt a logical approach to the implementation of the contract to prevent failures and consequently reduce contractual costs and implement it on time.

Inheritance is a legal event which materializes with the real or perceived death of the legator, while the ownership of the heirs over the inheritance is not established until all dues belonging to the inheritance are duly paid (based on Articles 867 and 868 of the Civil Code). Therefore, ownership of the inheritance is not the effect of the will of the heirs and ownership does not materialize due to their consent, rather ownership of inheritance takes effect through legal ruling and the will of the heirs does not have any role and its beginning is the death of the legator. Nevertheless, the legislator has entitled each of the heirs to accept or reject the inheritance (Articles242 and 259, Islamic Punishment Code). It gives rise to the following questions: is the prerogative of the heirs in accepting or rejecting the inheritance similar to acceptance or rejection of conclusion of a contract? Is rejection of an inheritance tantamount to turning back to ownership? Attempts have been made in this article to discuss the effect of acceptance or rejection of inheritance in the light of jurisprudential and legal regulations. Also based on these regulations, the effect of acceptance or rejection is subject to commitment to the dues of the legator, which are left with his/her inheritance. In fact, acceptance or rejection of inheritance is announcement of the will and commitment or lack of commitment to the properties of the family and continuation of the way of the deceased. Acceptance or rejection means acceptance or rejection of the position of management of the inheritance which depends on the prerogative, competence for assumption and free will of the heirs.

A study of the starting and culmination of the motion of stars is among the subjects studied in different disciplines. The Quran, the book of the Creator of heavens, also discusses the issue in several verses, which have different interpretations. The exegetes of the Quran, relying on the exegesis and narrative principles and fundamentals, have tried to interpret these verses. Astronomers, relying on laws of physics, equipments and telescopes have tried to test their hypotheses. Mystics have tried to contribute their shares in this endeavor through the power of their abstract souls, free from the bondages of time and space, while philosophers have tried to rely on the rational argument in this respect. Among these theories, the Epicycle theory – equal to the theory of cyclic theory of universe in astronomical physics – is one of the interpretative dimensions of the holy Quranic verses, which have been discussed in the traditions and by renowned mystics such as Ibn Arabi and great philosophers such as Mulla Sadra in his transcendental philosophy. Imam Khomeini, the renowned mystic and philosopher of our time, has relied on mystical principles to prove this theory.