پژوهشنامه متین
پیاپی 91 (تابستان 1400)

This analytical-descriptive research work intends to clarify anthropological criminology in the area of initial victimology in Qisas (retaliation) punishment with an emphasis on Imam Khomeini’s views. The paper clarifies resorting to rational choice and victim precipitation theory, rule of action and instigation, greater contribution of perpetrator than accessory under certain circumstances stipulated in religious rules, and victimization of passive, faultless and instigating victims in view of Imam Khomeini. Depending upon an intention to commit a crime, murder without Qisas punishment, unprotected outlaw, be it absolute or relative, such as right of self-defense, killing wife in other man’s bed, father-child incest, consent of the victim in murder case, lack of equality between delinquent and victim in view of reason and religion are all effective in victimization in Qisas. The difference between Auguste Comte’s anthropological criminology and theological views in Imamiya and Islamic jurisprudence, reflected in Imam Khomeini’s views, lies in mere determinism and empiricism where Comte considers man a one-dimensional creature while Islam focuses on religious anthropology and says Quran and traditions are compendiums of knowledge and the Imams from among men are infallible.

This research paper has been authored with library- and computer-based research methodology for validation of the “principle of non-purity of slain animal’s meat” and its inclusion in various types of doubts with the centrality of Imam Khomeini’s views. In each case, after critical review of the views by scholars, we have presented Imam Khomeini’s final views on those cases. Findings of the paper show that in view of Imam Khomeini, concerning the averments mentioned in the doubts coming from conventional authorization, due to problems such as lack of legal presumption of continuity of status quo in doubtful cases as well as plurality of the issues in certain and doubtful cases plus problems with the principle of positivity in some averments, the principle of non-purity shall not be applied. In case of doubts on facts, ignoring the problems cited above and related to the doubts in conventional authorization – that Imam Khomeini believes they apply to this case as well – in cases where animal meat or skin is found the principle of non-purity can be applied while in other forms of averment and pertinent doubts, the principle of non-purity cannot be applied. Concerning imported animal meat and skin, the principle of legitimacy and principle of purity shall be applied without any problem.

This paper intends to indicate how semantic transformation of a word can shift and redirect a society’s trend toward a certain path. The concept of Maslahat or “expediency” that was used theoretically and within the framework of secondary rules until before the Islamic Revolution, resorted to the mechanisms of Ijtihad and dynamic jurisprudence after the victory of Islamic Revolution and was institutionalized within the Expediency Council to find appropriate solutions to the newly emerging issues. Such metamorphosis in the concept of expediency was an innovative move by Imam Khomeini who regarded governance as one of the primary rules of Islam prioritized over the secondary rules. The paper’s principal question is this: How semantic transformation of a concept can result in creation of new capacities for that concept? In response to the question, it should be said that the semantic transformation has changed the concept of Maslahat from its primary concept in such a way that it has become the theoretical basis and modern way of institutionalization in the structure of the Islamic Revolution. This library-based paper, developed through analytical-descriptive methodology, shows that government rules issued based on the expediency of the time, are among the primary rulings and in certain cases superior to those rules and enforceable.

This paper has reviewed one of the novel and innovative theories of Imam Khomeini in the area of understanding religious rulings which has not been paid due attention so far. The theory is rich enough to impose drastic changes in and grant dynamism to the usuli and jurisprudential debates.Based on this theory, all individuals and walks of life in political communities, regarded as independent legal entities irrespective of their personal qualities, specifications, and personal states and preferences, are subject to the rulings and political and social assignments of the legislator. This lack of division of legal bans and orders for the individuals in a community is based on rational, demonstrative and reasonable foundations.As far as effects, results and applications of this theory are concerned, it can be used for strengthening the pillars of religious democracy as a model of governance supported by Imam Khomeini for administration of the social affairs. The proportionality, moderation and synergy reflected in Imam Khomeini’s scientific theory and its synchronization with his practical patterns in administration of the social affairs indicate the degree of people’s real (not notional) role and influence in guaranteeing and success of Islamic government as well as its realization and blooming in comparison with other political systems in the world.

This paper, produced to study Islamic Revolution with a descriptive-analytical methodology and based on Imam Khomeini’s anti-colonial theory, intends to analyze Islamic Revolution in world order. This issue has its background in the recent century developments in underdeveloped societies. The principal hypothesis of the paper states that formation of Islamic Revolution was a sort of identify-seeking and independence-seeking response to the colonial interventions in Iran.Based on the findings of the paper, until before the victory of Islamic Revolution, Iran played the role of dependent state in international system. Iran was a puppet state of the British and Soviet colonial powers from the Qajar period to the coming of Pahlavi I, while in the latter period it became the executor of US policies in Cold War era.Based on Imam Khomeini’s anti-colonial theory and the assumptions of dependency theory, Islamic Revolution of Iran as the most important internal development in Iran and the world, resorted to the religious teachings to bring about the collapse of a pro-Western regime and freed the country from the chain of dependency..

The issue of women has always been an inclusive debate in the history of thoughts, receiving double attention in the contemporary age. A rational approach to this issue and logical defense of the Islamic doctrines on women requires an in-depth study of the words and conducts of the influential, dynamic and contemporary sources of religious imitation. Islam’s initiatives and endeavors for wiping off the dust of ignorance from the face of humanity and for saving humans, particularly women, where before Islam the birth of a girl was a matter of shame and disgrace, are undeniable. The dominant patriarchal culture in human societies must be blamed more than any other factor for backwardness of women. As part of a soft war, certain movements have focused on women as half of the Iranian population to raise doubts and to disappoint them. The question is whether Islamic Revolution ideals have been geared toward the downfall of socio-political status of women or not. This paper, developed with an analytical-descriptive methodology, intends to review Imam Khomeini’s practical approach toward realization of the socio-political rights of women as the theoretician and founder of the Islamic Republic of Iran. In the light of Imam Khomeini’s words and actions, Iranian women have been positively sensitive toward various aspects of political system and established an active relationship with it. Imam Khomeini set part of the need for participation of women as an obligation, linking it to religious duties..

Criminal procedure comprises of various stages, one of which is putting the defendant on probation. By virtue of statute laws, the defendant on probation shall enjoy certain rights including rights for the duration of the term of probation, the right to exercise his rights, right to inform his relatives, right to enjoy medical examination, right to select an attorney, and the right to arraign. Violation of each one of these rights may result in enforcing criminal, civil and disciplinary sanctions per occasion. This paper is about determining citizenship rights of the defendant on probation and sanctions against violating those rights based on Imam Khomeini’s views. The methodology of this paper is descriptive-analytical in type. Findings of the paper suggest that many works by Imam Khomeini contain various rules on grounds and dimensions of the nation’s rights. Imam Khomeini has presented imperative and positive rules on some citizenship rights of the defendants on probation such as the right to select an attorney in particular, and other citizenship rights at this stage of adjudication in general.