پژوهشنامه متین
پیاپی 68 (پاییز 1394)

Man is responsible for everything he does consciously and voluntarily. He never intends to do something unless he is already satisfied with it. In other words, real intent is a principal element of a legal act, the existence of which should be first ascertained before realization of its effects. This is where the stages before formation of man’s will are presented. In legal act, however, will is presented as esoteric and exoteric, and this serves as a subject of scientific debates and discussions among the scholars. In this paper, we have conducted a comparative legal study of the views by Imamiyah jurists, Imam Khomeini in particular, and the Sunni scholars along with positive laws in France and Germany.

The process of management, especially the cultural management, is an important issue in human societies, inseparable from all-out development. If culture in a society is strong and scientifically developed, the society will be easily kept on the track of development. Imam Khomeini believes that culture is the most important element in development. He attributes the existentiality and identity of any society to its culture. In this paper, we have applied library, documentary, and content analysis methods to study cultural management with a glance at the life and conduct of the Prophet (PBUH), Imam Ali (AS) and Imam Khomeini. While theoretical clarification of the important role of culture in identity restoration in societies, we intend to prove that by development of a right culture, societies can attain ethical, scientific, economic, political, military and religious developments. Thanks to the higher objectives available in the Islamic Republic of Iran, cultural development can help guide people toward those ideals and objectives in the cause of God and for public satisfaction. In the end, we have made a conclusion in line with pathology of cultural management, and continued by proposing that what style or manner should be adopted by the cultural management to make it the pivot of development in the society. Our key proposal in this paper is this that cultural management should be enforced in minor and major plans of the country through education, mass media, scientific findings and achievements, cultural organizations and bureaus, as well as identifying the strengths and weaknesses.

Despite the emphasis on marriage and the importance of civil effects resulting from illegitimate parentage, one cannot ignore the existence of a child born outside marriage and through sinful union of a man and a woman. Official and unofficial statistics in some countries show rapid increase in the number of illegitimate children. Therefore, it is necessary to study the parentage of children born out of adultery. The child born out of illegitimate sexual relation is called “bastard”, “adulterine”, and “natural child”, and its parentage will be “parentage resulting from adultery” or “illegitimate parentage”. In Iranian law, the rule stipulated in Article 1167 of Islamic Civil Code, says that a child born of adultery shall not belong to the adulterers. According to the surface meaning of this article, the legitimate parentage effects such as inheritance, natural guardianship, child custody and sustenance shall not be attributed to the illegitimate parentage, except the prohibition on marriage. This article has been stipulated based on the views of renowned Imamiyah jurists. In 1997, a precedent-setting verdict was passed at the General Board of the Supreme Court of Iran that made a drastic change in Iranian law, particularly in connection with the civil effects of parentage resulting from adultery. This verdict was issued by virtue of non-positive opinions of Imamiyah jurists and based on Imam Khomeini’s’ Fatwa (religious decree) on this issue. The judgment equalized the rights of legitimate and natural children except in the case of inheritance. This opinion rests upon lack of proof according to Sharia law truth on the concept of the child, and on the contrary, the truth of common law attesting that the child is born out of illegitimate sexual relation. The paper, developed in descriptive-analytical method, clarifies the theories and opinions on illegitimate parentage and its civil effects.

The issue of termination of prophethood and Khatam ul Awliya (Seal of the Saints), as well as applicability of the title are among major discussions in theosophic teachings. This has been studied both by Shia theosophists and by such Sufi mystics and philosophers as Sheikh Akbar Mohi-ud-Din Ibn-e-Arabi. In this paper, we intend to compare and contrast the views of two great Shia scholars (Seyed Heidar Amoli and Imam Khomeini) with Ibn Arabi’s opinions based on the views of either side on who shall be designated as Khatam ul Awliya and why? It is also to determine how far Ibn Arabi’s teachings have been inspired by the essence of the Shia school of thought, in order to clarify the similarities and differences.

The Glorious God sent revelations to the Prophet of Islam, as He had sent to the prophets coming before Muhammad (PBUH). The quality of the revelation to the Prophet (PBUH) is an important question in the area of Quranic sciences. This paper has studied Imam Khomeini’s views on the quality of revelations to the Prophet Muhammad (PBUH) via a library method, while investigating its differences with other viewpoints. Studies showed that Imam Khomeini’s views were different from the common viewpoints of the scholars of Quranic sciences, and that it is much closer to Ibn Khaldun’s views on the quality of revelation of the Holy Quran to the Prophet (PBUH). There were, however, some distinctions in Imam Khomeini’s views. According to Imam Khomeini, the Prophet of Islam puts behind human boundaries and attends the “Uppermost Horizon” where Gabriel the trustworthy angel reveals to him the Holy Quran. On this basis, the other human beings have no way to be in touch with the World Unseen, therefore, they do not understand the truth about revelation and whatever happening to the Prophet in the super heavenly site. As a result, any explanation or clarification on the quality of revelation we receive, is only according to our intellectual capacity as materially confined human beings that is far from the truth about revelation and from what has happened in the Divine authority.

In Islamic law and the new Islamic Penal Code, blood money has been assigned for any unintended, and in some cases, for intended crimes. But the question is whether in the case of recidivism or repetition of crime, the blood money becomes diversified or a single blood money is prescribed for all the crimes. Is the blood money for crime against human organ interfered with the crime against human life? Is the blood money for body organs interfere in one another? A contemplation on sparse and scattered discussions in penal jurisprudence and 2013 Islamic Penal Code, shows that the lawmaker, taking impression from the views of jurists including Imam Khomeini, has presented rules for predicting and the initial governing rule on lack of interference of the blood moneys in each other. However, this rule is completed by the other rules based on the fact that interference of the blood moneys for body organ and for life are discussed together. The rule is presented based on various states and presumptions. In general, it can be said that if the crimes committed are separate and none is effective in causing more harm such as death or serious injury, the lack of interference of blood money is observed, otherwise when the damages cause death and injury, the interference takes place and the law suffices to considering more damages. If some damages are involved in incurring greater damages, those damages are only interfered in greater damages not in the blood money for separate damages. In any case, right implementation of law in this case needs both training the prosecutors and forensic medicine staff, and formulation of appropriate bylaws to facilitate enforcement of the law.

Key money is a legal term that has always been the cause of many claims and disputes in our society. There is much difference of opinion on the degree and extent of this concept. There were many discussions on the legitimacy of the right of business or in general key money, meaning that the tenant at the venue of business has the right to ask for money after termination of the lease contract from the landlord even if he has not paid money or made a material gain at the place of business. The general religious decree considered such claim as illegitimate. Imam Khomeini in the closing chapter of his Tahrir al-Vasileh in a section entitled “Al-Masael al-Mustahaddesah” has discussed key money and clarified it within eight problems. In the case of creating key money, many consider the common law and commercial custom as the basis for this right. Apart from what the origin of this right is, the following questions are important to ask: Can the key money be transacted? If yes, shall it be done at the current price when the tenant vacates? In this paper, we have discussed these issues based on Imam Khomeini’s views on key money and its problems.