پژوهشنامه متین
پیاپی 99 (تابستان 1402)

Suspensive condition in contracts is the one that takes effect from occurrence of another event based on the contents of the contract and resolutive condition is an arrangement between the parties that an agreement will end in the event of certain circumstances. Despite the conditional unity of nature of the two institutions, the distinction in the subject of their conditionality has created different rulings and effects. This paper, reviews the difference between the two institutions in terms of rulings and effects, with focus on Imam Khomeini’s views, while offering a thorough definition of the two and the general rules on suspensive condition in contracts and its cancellation. This study will show that in view of Imam Khomeini, whereas suspensive contract occurs in its composition, until before realization of the condition, no contract shall be considered effective, hence no obligation will be created and no conveyance shall be made either. However, under resolutive condition, a full contract is made first but with the occurrence of the condition, the considerations will be withdrawn by either owner or party. Therefore, in suspensive contract, the owners will be entitled to possess their property by all means and ways, but in conditional agreement, the conveyee is obliged to preserve the objection of conveyance, although violation of this imperative rule does not have any dispositive effect.

The theological origins of the followers of Islamic sects are basically influential in their opinions and in their intellectual intuition equally. On this basis, Qaisari was under the influence of theological thoughts of the Sunni scholars in his commentaries on intellectual intuition and spiritual connections. As a Shia scholar, Seyed Heidar Amoli considers the Messenger (pbuh) of God and his Infallible Household superior to other prophets and Imams, arguing that the Prophet (pbuh) of Islam was the best of creatures and most perfect human being on earth. In view of Imam Khomeini, too, Imam Ali (As) holds the title of general absolute guardianship of jurist consult and that, such guardianship constitutes the inherent nature of caliphate and absolute guardianship of the jurist consult constitutes the inherent nature of the material caliphate. However, Shia theology does not have substantive difference with Islamic theology practiced by Sunni Muslims, although there are major differences in the two schools of Islamic thought’s interpretation of the perfect human being. According to Shia theologians, the 12 Imams are the true and genuine examples of the perfect human being. This sameness in concepts indicates concord of Shiism and theology vis-à-vis Wilayat or Islamic authority. It may be argued that Shia theology – in its general sense – is a mirror reflecting theological thoughts of Shia Muslims for characterizing a perfect human being since Shia theology is basically a gnostic interpretation of Islamic theology in Sunni school of thought. As a matter of fact, Shia theology does not have sharp differences with Sunni school of thought in theological fundamentals, and the only difference appears in characterization of a perfect human being. This paper analyzes manifestation of Shia theology in view of the contemporary Shia sage and theologian Imam Khomeini based on the introductory remarks of Sunni scholar and theologian Sharaf al-Din Qaisari.

Intellectual and moral virtues are among the most important issues in contemporary anthropology. They play a key role in characterizing transcendental human being and his spiritual perfection. As a meritorious and pragmatic philosopher, Imam Khomeini recounts diversified characteristics for transcendental human being, many of which are collectable under intellectual and moral virtues. The four pillars of virtues, its intellectual and moral branches, their indefiniteness and ways for acquiring them, role of moderation in virtues and the status of virtue in human communities are among themes of interest for Imam Khomeini. Like Mulla Sadra, Imam Khomeini places science atop intellectual virtues as he places justice at the top of the moral virtues. Resorting to document analysis in its methodology, this paper intends to clarify Imam Khomeini’s exclusive approach in using the pivotal concept of fitrat (innate disposition) in defining virtues that was generalized into prioritizing practical science over theoretical science throughout his own school of thought as an innovation exclusive to Imam Khomeini. His double emphasis on moral virtues versus intellectual virtues has augmented his attention to the formation of ideological utopia in line with virtuous life of human archetype. The supremacy of his fitrat-oriented and pragmatic approach generalized virtues from individual domain to political and social arenas. To him, purification of the soul is a key factor for virtuousness and darkness of mind and ignorance are obstacles to real virtues and proximity to God. In Imam Khomeini’s view, virtuousness of man is so colorful that one can term his method of anthropology as virtuous anthropology.

The political and social developments in the past decades in the Middle East developments have created considerable challenges for Iran's foreign policy developments have created considerable challenges for Iran’s foreign policy. This paper intends to find an appropriate answer to the following main question: “What has been the nature of Iran’s foreign policy challenges during the past decade due to the emergence of a new order in the Middle East?” This study’s approach is based on the tradition of critical-intellectual causal layered analysis (CLA) of Sohail Inayatullah and its methodology is synthetic, i.e. we have used meta-analysis method (content analysis) and deductive approach for clarification of causes of challenges in various layers. The findings of this research indicate that in the Middle East new order, the challenges in Iran’s foreign policy are of multi-construct and multilayer nature and each layer consists a wide spectrum of key factors and components. As such, in the topmost layer, change in patterns of cooperation and regional conflict, security issues, conflict of interest between major players, particularly the United States and Iran plus a bunch of other issues have their roots in the country’s internal system’s layer that plays a key role in formation of the said challenges. At the discursive level, the conflict between combatant political Islam discourse and normalization discourse, and, at mythical level such components as international peace, chaos creation, and technological threat play a crucial role in creation of challenges. Such multilayered insight into the political phenomenon can prepare the grounds for creation of a strategic and systematic thought in the country’s foreign policy acts.

In parallel with development of legal obligations, evasion of law, fraud and fraudulent enforcement of laws have been on the rise. Anti-fraud policies meant to minimize its damaging effects in the society, have made jurists and legal experts to gradually develop and present the theory of fraudulent enforcement of laws. It is important because the progress of a country depends upon law-abiding. The principal questions of this research study are the following: Do the scholars and jurists accept theory of fraudulent enforcement of laws? What is the opinion of Imam Khomeini about the theory? To find appropriate answers to the above questions, we have resorted to the method of eclectic hermeneutics, clarification and content analysis. A review of Imam Khomeini’s thought and conduct indicates that he has both laid emphasis on enactment of just and Islamic laws, precise and right enforcement of regulations and law-abiding, and disallowed fraudulent treatment of laws and Islamic codes of conduct. Findings of this paper show that the theory of fraudulent enforcement of laws has been gradually accepted, therefore, to fight fraudulent enforcement of laws, it is proposed to state incapacity of invocation to fraudulent act as an exclusive sanction, for which there is a need for passing pertinent laws.

The rules of evidence in legal lawsuits are confined to the cases mentioned in law, among which testimony of the witnesses may be referred to. One of the conditions governing testimony of the witnesses is that they must testify in certain and irrevocable tone what they have seen or heard. In other words, certain knowledge of the witness on the event is a major condition for legality of the testimony and the witness must testify what he/she has witnessed in person certainly and he/she cannot testify based on probability or conjecture. However, in terms of some issues such as affiliation, marriage, endowment, … it is said that the witness can testify by virtue of widespread tradition, although there is difference of opinion among the jurists and researchers on what cases and when such testimony can be made. A group of jurists believe in presumptive widespread tradition while others approve propositional widespread tradition as a useful and ordinary practice. Among them, Imam Khomeini is of the opinion that widespread tradition may be invoked in testimony only when it is constructive to certain and conscious knowledge; hence, legal and Sharia foundations of widespread tradition are not confined to certain cases either. Readdressing this issue is important because in many cases, there is no possibility of introducing witness or presenting testimony with legally acceptable conditions but widespread tradition exists due to prevalence of an issue. In this research study, developed through analytical-descriptive methodology, while laying emphasis on Imam Khomeini’s decree, with respect to necessity of evidentiary documentation of certain evidences in court ruling, except in cases presumptive evidence is exceptionally acceptable according to the law, it is concluded that presumptive widespread tradition – when constructive to certain and conscious knowledge – can be accepted as an evidence of testimony and its legal and Sharia foundations are not confined to certain cases. Rather, in any case where observation is excused or impossible, widespread tradition can be invoked to.