نشریه حکومت اسلامی
سال بیست و سوم شماره 4 (پیاپی 90، زمستان 1397)

The government supervision of state officials-which is widely accepted-in many cases violates the government officials' privacy. In such cases, with regard to the main principle of privacy that respecting citizen's privacy is necessary and its violation is forbidden, it is inevitable to set clear criteria for the extent of governmental intrusion of government officials' privacy thereby the permissible cases of privacy violation are determined. Taking privacy as a "new issue" in jurisprudential sources and coming to the fore of such concepts as 'emergency and necessity', 'harm', 'expediency', 'preserving the system' as certain criteria for supervision and the possibility of confusion between them all make it necessary to conduct this inquiry. On the other hand, the extent to which the government can exert its supervision of the state officials' privacy as well as delimiting the government's intrusion of officials' privacy are another important issues for which it is necessary for us to seek governmental jurisprudential explanation, for the issue has not been of serious concern thus far and it may be open to serious scientific confusions in its explanations. In this article, while the abovementioned concepts as certain criteria-on which the government is permitted to intrude the government official's privacy to exert its supervision-are carefully studied, the scope of its supervision is also explained.

Muslim jurisconsults have laid down conditions, developed principles and made rulings and elaborated on them. One of these discussions is focused on the role and position of a Muslim jurisconsult and his authorization for JihÁd or holy war, whether this jihÁd is of offensive or defensive kind. Since the conclusion of this discussion is dependent on the condition of the presence and direct participation of the Infallible Imams and their special (appointed) deputies in Jihad, in this article four possibilities for this condition have been discussed among which this possibility that in both kinds of Jihad the condition of the presence and action of the infallible Imam and the Muslim jurisconsult's authorization is the necessary condition for the existence and fulfilment of Jihad, not the condition for its legitimacy or necessity. Therefore, the condition of the presence of the Infallible Imam is not taken to be a condition for the legitimacy of JihÁd so that the Muslim jurisconsult's taking measures in this regard in the period of Occultation are deemed to be illegitimate, and not to be the condition for its necessity so that the Muslim jurisconsult's acts are deemed recommended and unnecessary. Rather, the necessity of JihÁd in relation to this condition is categorical (absolute) and the condition is merely condition of presence, i.e. the fulfilment of JihÁd is not possible without the presence and action of the Muslim jurisconsult. This possibility is consistent with the generalities and applications of the arguments for the necessity of JihÁd on the one hand and the existing expressions in traditions can be justified and explained in the light of it on the other. It is also correspondent with the idea of Muslim jurisconsult in general.

No doubt, one way of entering the realm of resistance economy is to abandon purchasing foreign-made products and to encourage purchasing the home-made or domestic products. For, improvements in economic conditions, maintaining a high level of employment and achieving economic independence is due to selling and buying Iranian products. Accordingly, the explanation of religious law concerning the purchase of foreign products in case of their similar domestic ones can be of great significance. Given the fact that the imperative rule on this issue is not clear according to the available documents, the writers of the article seek to deal with the legal and imperative rule concerning the issue in question. After making analysis of the arguments for the prohibition of the purchase of foreign-made products in case of their similar domestic products, it can be said that such maxims or principles as " not cooperating in sin","prohibition of disturbance in the [Islamic] system", "denial of infidels' dominion and control over the Muslims" and "prohibition of causing a loss / no loss" or "principle of [no] harm" as well as such documents as " forbidding the wrong", " Muhammad bin Ali bin MahbÙb's narration (report) from Imam Hassan Askari" and "logical, rational and consistent usages" all demand that the purchase of foreign-made products be prohibited in case there are similar domestic products. Having these documents into consideration, the Islamic state, the government officials and manufacturers are obliged to encourage the purchase of domestic products and do whatever they can in persuading people to sell and buy their own domestic products.

Figh or Islamic jurisprudence as a discipline with its certain subjects of study such as the actions and practices of legally competent persons can be divided into two general categories: the jurisprudence of liturgical acts and jurisprudence of transactions. Muslim jurists believe that it makes no difference to follow religious authorities in these two areas and there is no problem with multiple authorities in this regard. However, what needs to be investigated more is that in case of forming an Islamic government at the time of Occultation and with regard to the issue of leadership of the fully competent Muslim jurisconsult and the process of passing Islamic laws in this form of government on the basis of the decrees (fatwas) issued by these religious authorities, the question is whether there is the duality of religious authority and leadership in all or some sections of jurisprudential issues or not. Having been based on the idea of appointment of the fully competent Muslim jurisconsult in the period of Occultation and making references to the books, this writing has been organized drawing upon articles and treatises about the guardianship of the Muslim jurist and relevant issues of independent reasoning (ijtihÁd) and following a religious authority. The findings of the present research show that if an Islamic government is formed under a fully competent Muslim jurist on the basis of the idea of appointment, there would be no duality as of authority and leadership between the rulings concerning the jurisprudence of interactions and all rules and laws are binding for people of all classes. In regards to the rulings concerning the jurisprudence of liturgical acts there are two theories: some of those who follow the idea of appointment consider the position of issuing fatwa (juristic decrees) as peculiar to the Muslim guardian jurist while others hold the view that Muslim jurists are independent in case of the jurisprudence of ritual acts and there is still a duality of authority and leadership.

The present article seeks to cast light on the extent to which a Muslim ruler is legally responsible to suspend the enforcement of Islamic laws (rulings). The knowledge of the criteria as to what is important and what is most important and the hierarchy system of governmental interests can help a Muslim ruler to find his way out of the dilemma between social exigencies and legal exigencies. The knowledge of exigencies and of the mechanisms of change in their fixed or changeable boundaries can be effective in applying Islamic legitimacy on a religious government. In a religious government, the red lines serving to violate or developing the primary criteria, are in close relationship with the main purposes and objectives of the Law, ShariÝah. The basic questions of this research work revolve around the aims and frameworks of a government. Is the Islamic government only responsible to enforce the divine laws or it may be conceived to have other aims and purposes which cannot be ignored in case the divine laws cannot be enforced? What are the mechanisms and means of such a process? To what extent a Muslim ruler can suspend the divine laws. This research seeks to establish the fact that giving priority to certain aims and objectives of the Islamic government over the others, interpretation of expediency, the source and basis of expediency, procedure, means and methodology of discovering and applying expediency, the contributing factors in the discovery and use of expediency are deemed effective in making analysis of the extent to which any political structure in Islam is legitimate and in determining its functions.

The main question of the present article is, " What is the nature of the Islamic state from Ayatollah Khamenei's point of view?". In answering the above question, the researcher has used a research method called a qualitative method of the documentary analysis kind. To have a comprehensive and proper understanding of the nature of each question, constitutes its most important point about it. For, through such understanding, one can make a right decision or judgement about it. The findings of the present research show that by the Islamic state Ayatollah Khamenei is meant a body of statesmen and stateswomen, powers and institutions which play roles in running the Islamic country. The state in question is of a fully Islamic nature and is formed by following the examples of the Prophetic and ÝAlawid states and in line with the present conditions of a modern society. It has also of certain important features, characteristic as well as duties which it has to fulfil. Otherwise, it will face serious challenges. The ultimate aim of the Islamic state is to cultivate knowledge of God and to pave the ground for human salvation.

The issue of the authority of Muslim jurisconsult and the rule of competent jurisconsult is among the most important jurisprudential discussions which has been scrutinized by the great ShiÝi jurists so far. This research work aims to make a critical analysis of "Argument from Non-contentious Matters", Omur-e Hesbiyyeh, from the viewpoint of SÁhib JawÁhir to establish the idea of the authority of the Muslim jurisconsult. The research has been conducted by making use of the library-based method, the Holy Quran, the Sunnah and the available works in jurisprudential issues. Having analyzed the basis on which one can recognize the referents of non-contentious matters, and dividing the basis into rational and legal as well as developing its rational ground, the writer of the article holds the belief that if the generality of the arguments for the guardianship of Muslim jurist is not accepted, yet the Muslim jurist's (faqih's) wide scope of duties can be established by referring to the Argument from Non-contentious Matters as an independent argument.