پژوهشنامه متین
پیاپی 96 (پاییز 1401)

The sit-in of around 20,000 people of Tehran in July and August 1906 in UK Embassy is a highly debated issue in the history of constitutionalism. Lasting for a month, the sit-in came to an end after issuance of Constitutional Order by Mozaffar al-Din Shah of Qajar. There is no consensus on the name(s) of organizer(s) and decision-maker(s) behind the sit-in plan, although the role played by  Ayatollah Seyyed Abdollah Behbahani, a prominent Shia cleric and one of the leaders of Constitutional Movement, is worthy of deliberation. This paper intends to shed light on Ayatollah Seyyed Abdollah Behbahani’s role in organizing sit-in in UK Embassy through reviewing opinions for and against the move. An outstanding character opposing the sit-in was Ahmad Kasravi, whose opinion was endorsed by Imam Khomeini. Findings, came through review of various sources and documents on the move and opinions of the historians and researchers, indicate that the sit-in was a recommendation by Ayatollah Seyyed Abdollah Behbahani to a limited number of merchants for their safety and security and it was not a public call for sit-in in the UK Embassy. However, the recommendation found extensive dimensions, apparently contrary to what the ayatollah meant at the beginning, but the roles and influence of his followers and key figures in his house must not be ignored to that effect.

Some of jurists and lawyers consider that dissolution stipulation within Endowment utterly are void and this is in contrary to nature of Endowment whereas other experts among imam khomeini believe that these terms within Endowment are right . Actually , according to second group's opinion, validity of such stipulation- based on canonical texts- is fettered by "generation of endower subsequent need to endowed property after it's formation". In addition, based on general reasons, recent theorists have no doubt about veracity of absolute (not conditional) stipulation in the Endowment. In this topic, all mentioned reasons by jurists and lawyers about nullity of termination and dissolving terms within endowment are criticized and so the accuracy of such terms seems correct. In analysis of trust considering this legal institution must be described based on foreign law, thus stipulation of such terms within that is allowable and it has no legal prohibition.

Ascertaining competency of government officials to take responsibility and its urgency has always been a challenging and significant issue for the Islamic Republic. There is discord among thinkers who is competent enough to take responsibility. Some see ascertaining competency a legitimate right of the government, some attribute such right to people, while others like Imam Khomeini argue it is both the right of the government and the people. The principal questions this paper intends to answer are the following: How the competency of agents, their qualifications, authorization, viewpoints, and evidences for and against them can be ascertained in view of Imam Khomeini? Are there any Quranic verses, traditions, presumptions and practical codes of conduct to signify ascertainment of competency? To find appropriate answers to these questions, we have resorted to a descriptive-analytical method to review Imam Khomeini’s views and arguments, evidences and presumptions. The findings indicate that resorting to reason, logical and consistent usages, and in the absence of evidence, resorting to practical codes of conduct and jurisprudential principles can, in their capacity, push aside standing obstacles to competency, in some cases, attest to competency, that is compatible with Imam Khomeini’s views.

Man is the basis of humanities and social science theories. As such, attention to man and his nature can be taken as underlying foundation of theories on foreign policy and international relations. Despite ignoring man and his role in a key part of the age of dominance of theories of structuralism, the revival of foreign policy analysis, as a field of study, has once again brought man into the focus of attention in theories on foreign policy and international relations so that important works on these fields highlight paying attention to various aspects of human beings. In view of Imam Khomeini, man’s role is pivotal. Apparently, man and his nature constitute the underlying foundation of the majority of his thoughts, particularly, in the fields of foreign policy and international relations. Given the above, this research paper intends to review foreign policy in view of Imam Khomeini. Unlike theories on foreign policy and international relations that analyze Imam Khomeini’s views on foreign policy through theoretical frameworks, we intend to review his thoughts through answering the principal question of this study: Based on what anthropological concepts can we understand Imam Khomeini’s opinion on foreign policy? Apparently, in Imam Khomeini’s philosophy, human disposition (Fitrat) and concealment of disposition (Ihtijab Fitrat) are two fundamental elements in his understanding of man and the nature of international system and communities. From this point of view, as a follower of Mulla Sadra’s philosophy, Imam Khomeini adopts a micro and anthropological level of analysis and continues with generalization of the idea to a sociological level to argue different types of communities, nature of communities and the order governing the international system.

Gambling is a religiously prohibited practice and an illegal source of income which has found diversified examples in the course of time. According to Islamic penal code, gambling is a crime. Adopting a descriptive-analytical method, this paper investigates opinions of jurists and experts at law, with an emphasis on Imam Khomeini’s views, to study thematic truth of gambling concerning Internet betting. Reviewing definitions on gambling offered by the lexicographers, jurists, and experts at law, and considering Imam Khomeini’s views on gambling, we found out that in view of these thinkers, gambling mostly refers to winning with an option of pledge and instruments have no place in its definition. Internet betting is a modern instance of gambling. Resorting to such evidences as broad connotation of the game, possibility of considering betting websites as gambling houses, importance of common law, importance of the philosophy behind banning gambling, contents of traditions and lack of notions on gambling tools, we can claim all these cases fall into the ambit of gambling.

In Imamiyah penal jurisprudence, Tashhir or publicly shaming of an offender, for some reasons, is an exception to the principle of preserving the honor of people and refraining from revealing secrets of Muslims. With respect to the importance of abandoning one’s right and the need for preserving honor and dignity of people, this paper intends to extract instances of verdicts on publicly shaming of offenders from the legacy of jurisprudence in an analytical way. Findings of the paper, achieved through a descriptive-analytical method, indicate that except in one case, i.e. “false testimony”, examples of crimes brought up by the jurists such as Ghiadat (complicity in crime), Ghazf (attributing adultery to someone), Ehtial (fraud), Tadlis (criminal misrepresentation), and Eflas (debt for insolvency) lack valid documentation. Therefore, as the presumption goes, lack of evidence for a crime is regarded as an evidence for its non-existence. Therefore, Tashhir, except in cases up to the certainty, must be practiced with caution as a means of punishment and invoking a juridical rule on punishment shall suffice for the offender. An analysis of Imam Khomeini’s view on this issue indicates that he openly supports practicing Tashhir only for false testimony. This, however, must be added that according to Imam Khomeini, practicing some forms of punishment (including Tashhir) in some certain cases and crimes with public dimension shall be permissible at the discretion of the government and under subsequent titles.