پژوهشنامه متین
پیاپی 92 (پاییز 1400)

In theoretical mysticism, the Glorious Names of God fall into immanent names, attributes and actions. In his commentary to Fusus al-Hikam (The Seals of Wisdom), Qaysari argues that this categorization of names helps manifestation of God’s inherent nature, attributes, and actions in each name. According to this viewpoint, if the attribution of a name means inherent nature, that name shall be considered immanent and if it denotes quality and action it must be considered among attributes or actions of God. In his notes on commentaries about Fusus al-Hikam, Imam Khomeini says such classification is in no way according to the principles of mysticism. He then offers another criterion that goes well with the tenets of mysticism. In his view, the manner of classification, observations of the wayfarer in stages of spiritual journey and the quality of annihilation in God take place in actions, attributes and inherent nature of God. On this basis, whatever the wayfarer observes at the stage of annihilation in action, shall be considered an instance of action and whatever taking place as annihilation in attributes and inherent nature of God shall be considered among attributes and immanent names. In this research work, we have first developed a critical approach toward Qaysari’s viewpoints and then continued with clarification of Imam Khomeini’s theory. To that end, further explanation of the four entries namely types of monotheism in mysticism, inherent annihilation, four mystical journeys, and ranks of intuitive faith is necessary.

Presentation of an appropriate criterion for understanding the nature of contract will result in useful application of this credit-based instrument in administration of the legal relations in a society. This is because lack of an appropriate criterion will cause discord and disagreement on determining articles of the contract and will eventually result in increasing cost of administering social relations, lack of certainty and lack of predictability. On this basis, the principal question of this research paper is about the nature of contract. To find an appropriate answer to the principal question of “What is the nature of a contract?” we have applied a descriptive-analytical methodology to find a criterion for understanding the nature of natural creatures per se in understanding the nature of contract as a clear example of a credit-based and hypothetical thing. Findings of this paper indicate that the nature of contract is synonymous with its quiddity and this quiddity is itself synonymous with the need for the existence of ultimate nature for a contract, i.e. the same goal for realization of which in social relations the contract has been created. Without such a goal, the existence of contract will be all in vain. Among experts at law, Dr. Mohammad Jafar Langroudi and among jurists, Imam Khomeini must be considered as outstanding theoreticians in the field who have both argued the need for ultimate essence of a contract as its nature. This theory stands counter to the theory of direct effects and is considered as a prerequisite for its nature as argued in Imamiya jurisprudence, whilst it has been accepted in Iran’s law in Clause 1 of Article 233 of Civil Code.

The “opposite concept” refers to the non-mentioned premise that can be deducted from articulated premises by removing some provisions or structures. The bulk of arguments, refutations and confirmations on the possibility of perceiving the statements have taken place with centrality of conditional structures. Although some former principlists have found faults with the possibility of perceiving the conditional statements, later scholars have attempted to find a basis for the concept of condition by re-emphasizing “the principle of non-canceling” and “the emergence of exclusive condition”. Imam Khomeini’s viewpoints regarding the concept of condition is consistent with the former scholars, but with an important and less observed statement. In this study, in addition to presenting a new classification of conditional structures in the form of linguistic arguments and comparing it with the findings of the logicians, this viewpoint is consolidated. The results of paper show that the conditional structures do not have an indication of concept in principle, but these concepts, in religious terms, are associated with parallels and along with public validity there is the possibility of perceiving them

Prayers, as an abstract and occasional thing from the verbal heavenly glorifications, is on one hand, attributed to meaning and science that is established based on emanation per se, and on the other hand, based on religious fundamentals and verses of the Quran it can play a role in the existential structure and contingency or non-contingency of the phenomena. This paper intends to go beyond this existential effect and influence of prayers to remove ambiguities and to show in practice the effect of prayers in existence. Based on the fundamentals of transcendental wisdom, first, existence is concomitant with science; secondly, science is an act of soul. On this basis, all creatures shall possess percipient soul and verbal heavenly glorifications. In the meantime, human soul is able to exert influence on other creatures through promotion of its being and establishing links with immaterial beings. This way, it will be able to play an ontological role in the existential structure of the things and contingency or non-contingency of the incidents to be in line with the interests and goodness of the one praying. This is in fact, the effect of prayers in an atmosphere beyond its being whose practical realization is approved by internal and external evidences as well as various traditions. Resorting to transcendental wisdom, Imam Khomeini on occasion has clarified and endorsed ontological effects of prayers.

In recent years we have witnessed tremendous progress in artificial insemination, including the mitochondrial transfer method. The discovery of this method can prevent the emergence of the mitochondrial illness. In this method, the mother nucleus, which carries the mutations of the mitochondrial genome, is removed and transferred to the ovule without the nucleus of another woman. The results of this method are presented with the participation of three parents. For this reason, the so - called "International Children" has been known to have become a parent of three parents. In the present study, this phenomenon has not yet been studied in jurisprudence research.therefore, in this paper, we are trying to answer the question of what is the juridical status of children of three parents? For this purpose, by using analytical descriptive method in order to answer this question, according to the opinion of Khomeini, it has been licensed to prove it in terms of the conditions and bases of applying such a process. In the end, parents have been able to identify the parents of three parents in order to determine maternal and maternal ancestry.

Transition from jurisprudence to law is impossible without clarification of the “manner” of shift from one to the other. However, before such transition, the “possibility” of turning jurisprudence into law, or in other words, establishment of a conventional legislation institution, must be first approved in the Sharia law. It is significant, knowing that in the political system of the Islamic Republic of Iran, Majlis or Iranian Parliament is responsible for legislation but in view of jurisprudence, legislation by the Majlis should receive jurisprudential endorsement. The principal question of this paper is about the possibility of conventional legislation institution in Shia jurisprudential literature. The most important theoretical obstacle to legislation is the theory of “comprehensiveness of jurisprudence”. However, if the hypothesis is interpreted through the eyes of ijtihad, we will find out that not only jurisprudence has no inconsistency with conventional legislation, but also it emphatically endorses such legislation. Thus, comprehensiveness of jurisprudence is no obstacle to translation of jurisprudence into law and establishment of a legislation institution. In this paper, we have tried to review this issue with an analytical method and library studies with an emphasis on Imam Khomeini’s views to open a window toward placement of the concept of modern law in Shia jurisprudential literature in terms of specific interests and meeting the rights of the nation. Since, discernment of specific interests is an ultra-jurisprudential issue, it falls beyond the power of religious decrees and state orders.

Freedom of speech, based on inherent human dignity and according to his individual independence, is an immanent value. Although the right of freedom of speech has been recognized as a civil and political right in civil rights system and in pro-democracy debates, a second glance at its extensive concept, including written, oral and artistic creations, places it among effective factors of cultural rights. The majority of human rights and freedoms are either included under cultural rights or there is a need for cultural rights to realize them accurately and effectively. The principal question of this study concerns analysis of the relationship between freedom of speech and cultural rights. Any access to the fundamentals of freedom of speech in the structure of cultural rights primarily requires contemplation on the status of these rights in legal system of Islam, Iran and a review of international documents. With respect to the effects of Imam Khomeini’s views on consolidation of the essential rights of the nation, reviewing his approach toward freedom of speech and the basis and criteria of culture in his system of thought will be very helpful in picturing this structure