پژوهشنامه متین
پیاپی 83 (تابستان 1398)

The patenting of human genes is a patent based on human genes. Genes that are removed from human organs or specific tissues of the body and are purified and manipulated in a laboratory. In foreign laws (U.S. and EU), the patent is granted in this field under certain conditions. In the domestic civil law system, the legislator has the knowledge of patenting based on human gene , but has not yet explicitly incorporated it into the legal system. The present article seeks to justify the legal basis of a patent on the basis of human gene in the domestic law system and seeks to justify the patent in this field along with the influential countries in this field. Attempts have been made in this article to introduce human gene-based patenting to the Iranian patent system with legal arguments and to prove that the Patent Office does not face any barriers to patenting based on human genes. Imam Khomeini's viewpoints about the invention has been re-examined and, contrary to what others authors have understood of the Imam's fatwa to deny the patent, the findings of this article based on an analysis of his fatwa, in particular the primary and secondary verdicts, show that Imam Khomeini acknowledges patenting.

The relation of language and politics is very important in the field of political thought and political science. The issues related to this subject are divided into two parts: the first deals with the ontological and epistemological approach to the role of language in understanding politics as an existential exercise and the realization of political animal and citizenship; and, the second focuses on different functions of language in politics. On the other hand, considering the role of religion in social and political life, the capabilities and functions of the language of religion are also taken into consideration. By analyzing the communicative, emotional, and human functions of language, this article by employing a hermeneutic and phenomenological method, will reveal the effect of language on reducing violence, confrontation, and antagonism. The results of this study show that during the lingual hegemony in the discourse of modernity that was subject-based, Imam Khomeini devised a new language on the basis of religion, mysticism, and ethics that treated human beings equal and as a single being. The functions of language in the theoretical and practical politics of the Imam became meaningful in this ontological system. The relationship of the people and the rulers in the language of the Imam is not one-sided from top to bottom, but it is based on an ontological justice and equality that manifests itself within modern political institutions such as the constitution.

Illegal conditions refer to the conditions where a lawful is turned into an unlawful or the other way round or its content is in conflict with a statutory order. These conditions are undoubtedly invalid and their subjects are not obliged to do so and are not allowed to do either.This article describes briefly the rule, condition, and contract and their relation, namely "obligation implied in obligation", among various issues such as violation of description, violation of condition, condition of termination, etc. and a kind of similarity is established, i.e. the right to terminate the contract for what condition has been set for in case of lack of fulfilment of the description and condition. According to Imam Khomeini, the invalidity of a contract based on the illegality of condition is disputable. When there is no evidence of invalidity of contracts, in encompasses all their reasons. In case of doubt in the validity of such contracts primary of validity is accepted and reference is given to the Quranic verses and traditions.

The gradual transformation and evolution of Imam Khomeini's views on the issue of ghina and music, especially in the post-Islamic Revolution period, in terms of the modern requirements and dynamics of his jurisprudential views, is an obvious and undeniable fact. But, it should be ascertain in which fields the evolution of his intellectual endeavors has taken place. The findings of this article show that Imam Khomeini, overall, is his book Prohibited Jobs (Makasib Moharrameh) and in his fatwas as well as speeches has introduced the sound of motrib as the religious subject of Ghana. Imam’s statement in Tahrir al-Wasilah, to which majority of scholars refer for supporting their inference on this issue, cannot oppose his vast written and oral documentation on limiting the religious issue of ghina to exciting song which is open to interpretation. In this regard, attempts have been made in this paper to draw on a careful comparison between the viewpoints of Sheikh Ansari and Imam Khomeini, who maintain that exciting song is the criteria for ghina. Thus in Imam’s viewpoints, any kind of exciting song with idle parties and the words of the sinners is ghina and hence any exciting song is necessarily among the idle songs in the above sense.

The necessity of compliance of creation and acceptance and its effect on the credential realization of contract is one of the conditions that Imamite jurisprudents emphasize as a principle whose violation may cause the contract to become void in certain cases or no contract may substantially materialize in the arena of validity. However, it seems that in some cases such as some referents of minor significance in the contract, in some cases, this rule is not followed due to the need to maintain the contractual and social order as well as firmness of the deals and a mistake in the contract causes the creation of the right to terminate and even in some cases the occurrence of mistake does not affect the fate of the contract. This approach is also interpreted to substantiate the theory of apparent sovereign will or the adequacy of the apparent will is also interpreted in the law of some Western countries, including Germany, within the scope of contracts, and is recognized as a strategy for the necessity of contracts and the avoidance of shakiness of contracts. A strategy that, of course, is also understood from the statements of some contemporary jurisprudents, including Imam Khomeini, about the nature of the contract and the role of creation and acceptance in its realization.

The main objective of the present article is to study the relations between the two pillars of "virtue" and "teleology" in the normative ethics of Imam Khomeini and the ultimate criterion of moral value of deeds. Attempts have been made through a descriptive-analytical method and based on philosophical-mystical anthropology of Imam Khomeini to offer an eclectic theory of these two pillars called the "virtue-based teleology" in the philosophy of ethics. In fact, the moral value of the deeds in Imam Khomeini’s view is determined on the basis both the subject, his motives, intentions and inner virtues as a condition for the acceptance of his deeds and the criterion of his perfection as well as of the consequences of deeds in the realization of human ultimate goal. Although the Imam emphasizes virtues in his moral ideas, he does not attach essential value and intrinsic desirability to them and calls them modest perfections whose value lies in the role they play in achieving intrinsic perfection and desirability, i.e. happiness and perfection in the Hereafter or proximity to God. Meanwhile regarding ethical virtualism of the Imam, mention has been made of the two philosophical and mystical-religious origins of the Imam's moral thought and their differences as well as the pillars of virtualism.