نشریه مطالعات فقه سیاست
پیاپی 3 (بهار و تابستان 1401)

Among the important and prominent approaches existing concerning the relationship between religion and politics is Imam Khomeini view, which is presented with a comprehensive, jurisprudential and profound perspective. In expressing the relationship between religion and politics, the late Imam Khomeini has underscored the inseparability of the religion and government, saying: "Islam is the government."What does Imam Khomeini (ra) mean by this statement? This is the central question of the present study which presents five possibilities in response to the foregoing question. Finally, using the analytical-inferential method, it validates the claim that the theory "Islam is the government" had gone through a developmental process in the Imam's thought.There is a similar evolutionary process in his theory of legal addresses (khiṭābāt). That is to say that the like of the theory of "Islam is the government" existed in brief and undeveloped form but it was developed later step by step. Hence, "Islam is the government" is the final and evolved theory of Imam Khomeini (ra) about the relationship between Islam and government, which emphasizes the idea of "unity and sameness of Islam and government". This idea can be inferred from the verses concerning the establishment of religion e.g. verse 13 of al-Shūra, verse 66 al-Māʾida and the verses that require absolute submission to the prophets.

Understanding divine laws and applying them also requires "thematic knowledge" over and above ijtihād in religious sources. The thematic knowledge being a complement to ijtihād shows the special importance of thematic discussions, especially in social and political domains. According to a proposal, all thematic topics can be arranged and organized under three categories such as "why, what and how the subjects are", because these discussions either refer to the necessity of knowing the subjects (why), or explain the nature of the subjects (what) or examine the way through which the subjects can be identified (how). Also, in order to improve this discussion, one should try to start with "thematic knowledge", continue with "thematization" and put the discussion of creation of new topics on the agenda. In many cases, thematic knowledge is associated with a kind of passivity and contentment with the status quo in the sense that others create the issue and we must simply know it and deduce its Sharīʿa ruling, but thematization is an active movement to manage social issues inasmuch as it enables us to create new and needed issues for us. This article has explained this issue by using the library research method and brainstorming technique (group discussion).

Unity is an important element for the society we live in, as well as for the Islamic system. One of the issues that cause differences among people is the issue of sighting the crescent moon and declaring the beginning of the month. Due to the difference in the jurisprudential principles held up by each religious authority, they differ in their opinion about determining the day of Eid. This difference of opinion in turn weakens the religion and creates doubts among the people. One of the ways to resolve this dispute is to acknowledge and accept the validity of the ruling of the governing authority about the sighting of the crescent moon. The present article is therefore focused on the feasibility and proofs for the validity of the ruling of a qualified Muslim ruler or religious authority. The present article that uses an inferential method proves that the arguments and proofs transmitted with regards to the authority of the jurist can prove the validity of the ruler's ḥukm (ruling). Even if there are problems in these arguments, the discussion regarding the authority of the jurist over non-litigious affairs can help us solve the problem. In addition to the general traditions that indicate the absolute validity of the ruler's ruling, some traditions specifically point to the validity of the ruler's ruling regarding the sighting of the crescent moon. The normative conduct (seerah) and the fact that chaos and mayhem may prevail if there is no such mechanism, are also other reasons for accepting the ruler's ruling on the issue of seeing the crescent moon. None of the reasons that have been stated to prove the invalidity of the ruler's ruling have the ability to prove that claim. There is no room to stick to any practical principle, nor are there any traditions to prove the invalidity of the ruler's ruling.

One of the challenging issues in the past years of the Islamic Revolution has been the political rights of religious minorities. This research aims to explain the issue of political rights of religious minorities focusing on verse 213 of Chapter al-Baqarah. Like other Muslims, religious minorities can play an active role in elections and political and social processes in rural and urban areas of the country. They can play a decisive role in shaping the political fate of their country. Of course, the following article using analytical-ijtihadi method has come to the conclusion that religious minorities are denied the political rights in cases where there are sensitive governmental or official posts that are vital to the domination of Muslims like national and military ranks. However, the political rights of religious minorities are established in relation to matters that have a consultative aspect and do not lead to domination and supremacy over Muslims. For example, they can be village councilors, advisors and deputy political officials, or managers in executive and administrative affairs, such as signing of contracts and undertaking managerial responsibilities according the laws set by Islam and regulations based on which "Allah will by no means give the unbelievers a way against the believers".

The "Land law" in the early years of the victory of the Islamic Revolution is one of the most important challenges bringing the common view of the guardianship of the jurist in contrast with the view of the absolute guardianship of the jurist. Contrary to expectations, the disagreements that arose regarding the land law with Imam Khomeini's point of view in this regard, are not about the extent of the scope of the exercising of authority, but rather about the needlessness for exercising the authority in some areas, according to him! The late Ayatollah Ṣāfī accepts the authority of the jurist and the public representation of the jurist on the basis of the honorable letter (tawqīʿ) of the Imam of Age(a). Although he considers the scope of the authority of the jurist to be limited to "applying the titles of rulings and determining the most important ruling in the position of conflict", but he also considers the application of secondary titles in the same area saying it is at the discretion of the legal guardian. However, according to his principles, Imam Khomeini considers the implementation of the secondary titles as one of the powers of the people, which is applied through the representatives of  the parliament, as the legal and customary lawyers of the people, and there is no need for a religious authority to exercise his authority. Using the analytical- inferential method and based on library studies, this article tries to depict this scientific dispute and to explain the arguments and evidence offered by the two parties.

nlike non-religious governments, which are only concerned with providing the worldly welfare of their citizens, the Islamic government, in addition to that, has the duty to provide suitable religious atmospheres. Apostasy is a sin that is indirectly criminalized in Iran's laws, and it is necessary to prevent it because it can disrupt social order, weaken the lofty status of religion, and endanger the spiritual well-being of Muslim citizens.
The decisive prevention of the holy Lawgiver from the point of view of punishment for apostasy indicates the tremendous importance of confronting this crime. However,  what can be concluded from the the laws of Islam and the normative conduct of the imams, in order to confront apostasy, is that preventive social and legislative methods should be used first, and finally, if no other measures work to prevent it, the apostate should be subjected to capital punishment. The present article, relying on the library and analytical method, examines the educational duty of the government in this regard, and by highlighting the causes of apostasy under four general categories, it presents eight solutions so that the Islamic government may, by applying them, reduce apostasy and the renunciation of religious beliefs.