پژوه نامه فقه و علوم اسلامی
پیاپی 1 (تابستان 1401)

Security and authority are among the most important -and at the same time the most basic- needs of human life and societies. Both government and people are required to make every effort to ensure and strengthen these two basic components of our lives. Identifying the principles of security and authority in the Quran and narrations is of prime importance in this regard. This article aims to detect patterns or trends of security and authority in the Quran and narrations with emphasis on thoughts of Ayatollah Khamenei, employing a descriptive-analytic method. From among the most important principles of authority and security in thoughts of Ayatollah Khamenei based on Quran and narrations, we can refer to Towheed (monotheism), Velayat (leadership) and Justice. The current study seeks to identify these principles in thoughts of Ayatollah Khamenei and use them to guarantee security and authority in Islamic societies. This article also attempts to identify domestic and foreign threats and explore ways to counter and eradicate them. Internal threats can be found in governments, Islamic societies and even inside humans. External threats such as arrogance are outside the Islamic societies.

In today’s modern world, in vitro fertilization (IVF) has addressed the issue of infertility more than any time in the past. However, there are various aspects regarding the IVF and its use which need to be expanded. This article has focused on the obligatory decrees issued on the IVF and its use. Existing religious decrees on this assisted reproduction technique has been studied and explained in this research with an emphasis on Ayatollah Khamenei’s Fatwa (religious edict). The difference between Ayatollah Khamenei’s Fatwa with those of other Fuqaha (Islamic jurists) has been also highlighted. This article is a step toward documenting Imam Khamenei’s Fatwa on this topic. Given to the fact that there is criticism regarding IVF’s evidence of reverence, this article may, using this technique, explore ways to address the issue of infertility. This article, in conclusion, conforms to Ayatollah Khamenei’s Fatwa.

Distinguishing authentic Hadiths from non-authentic ones in line with inferring Divine decrees to comprehend them have always been a matter of concern for Shia scholars. A group of people, based on Ashab-ol Ejma’s report narrated by Sheikh Kashshi (14th century), have considered narrations by a group of the Infallibles’ companions authentic regardless of succeeding narrators and their conditions. It would be enough that the source of the narration be authentic based on the Ashab-ol Ejma’s reports. Despite the differences between followers of the Imamiyyah Shia on authenticity and reasoning of Sheikh Kashishi’s claim, Ayatollah Khamenei is not opposed to the consensus and its provisions. This Ejma’ has been cited as a general rule in Ayatollah Khamenei’s Fiqh.

Followers of Maraja’s (sources of emulation) deal with the issue of Limit of Tarakhkhus (the distance from which a traveler should shorten his prayer and break his fasting) more than any time in the past as people travel a lot nowadays. Famously, there are two conditions -stemmed from narrations- for the permitted limit. In Fuqahas’ (Islamic jurists) words, the limit of Tarakhkhus is the point at which the call for prayers in the city is not heard or the walls of the city are not visible. Some of Fuqahas believe that the limit can be determined after both criteria are materialized and some other say that realization of one of them would be enough. The majority of Islamic jurists believe that this issue that whether or not realization of the two criteria is necessary or only one of them hinges upon the two issues of Ta’ddod Shart (numerousness of conditions) and Vahdat Jaza (single punishment). With respect to this issue, this can be discussed that: what would be the result of putting two contradictory reasons next to each other and emergence of two narrations with a single punishment which each has different condition? Some believe that the emergence of the two narrations stresses the need for the realization of both conditions and some hold that the emergence of the two narrations urges the realization of one of the conditions via Mane’ al-Kholov (literally means no obstacle exists). From the perspective of Ayatollah Khamenei, the issue of limit of Tarakhkhus is basically not dealing with rules of numerousness of conditions and single punishment because firstly the two criteria lack topicality here and are not considered as conditions, and secondly the issue of invisibility of walls are not mentioned in narrations as a sign of the permitted limit. This article expounds on this.

According to Ayatollah Khamenei’s Fatwa, building, stockpiling and using weapons of mass destruction is Haram (religiously forbidden). This fatwa is based on a descriptive-analytic method and is extracted after studying parameters of WMDs in religious sources. This is a Fiqhi fatwa whose reasoning has its roots in religious sources. Four parameters exist for WMDs which are forbidden religiously. Putting the parameters next together, which would lead to the production of WMDs, is religiously forbidden.

Ideology is a concept which came to existence during the era of the French revolution (1789-1799). Later, it turned out to be one of the major discussions of the Rejal Science in studying the validity of Ali ibn-e Ibrāhim al-Qummi’s exegesis. In his testimony, in the preface of a book on authenticity of all narrators, there is ample time for debate and discussion on public sources of the narration. By studying Ayatollah Khamenei’s use of Rejali reports and sources, one can realize that from his perspective Ali ibn-e Ibrāhim al-Qummi’s testimony is an recognized and stable matter; but the exegesis doesn’t belong to Ali ibn-e Ibrāhim in its entirety and is a compilation of al-Qummi and Al-Jarood’s exegeses. One can only confirm the authenticity of a narrator, based on al-Qummi’s testimony, when he or she is certain that the narrator is on the same path with al-Qummi’s narration.

Developing an Ijtihad-based methodology is to identify descriptive or analytic stages related to the process of inferring a religious decree; and developing an Ijtihad-based method is to explore ways based on which Fuqahas support an argument and infer, using recognized and available principles. Both the analytic and comparative methods are among Ijtihad-based methods. Qom’s Fiqhi (jurisprudential) school of thought employs the first one while Najaf’s Fiqhi school of thought employs the second. Each method has the parameters and steps to issue a Fatwa. By studying the Ijtihad-based method of the two schools of thoughts in Qom and Najaf and by comparing it with the Ijtihad-based method of this book (Three Articles on Jahad), this conclusion is drawn that the book’s method is “analytic-historical-realist” which can be called a comprehensive method between traditional and modern Fiqh. It seems that the Ijtihad-based methodology of the book can be a prelude to its author’s Fiqhi school of thought. Fiqh-based neo-intellectualism mainly addresses the concept of “Aman”(literally mean mercy, refuge) in Fiqh and includes structural, content, and scientific neo-intellectualism.