پژوهشنامه متین
پیاپی 100 (پاییز 1402)

Identifying and diffusion of a new type of cells known as stem cells is among new findings in medical science. Stem cells are capable of regulating human body’s safety system, reproduction, regeneration, transformation into specialized cells (differentiation) with a more specific function and tissue repair, for which they have drawn attention of scientists during the recent years.In vitro embryo is one major source of stem cell that practically puts an end to the life of embryo. Now questions arise vis-à-vis such practice: Is putting an end to embryo life for stem cell extraction and medical treatment religiously permissible or justifiable? Are we allowed to generate embryo for stem cell extraction? This study, developed through a descriptive-analytical methodology and a review of diversified fundamentals of embryo, jurisprudential sources in particular, intends to present a new criterion for embryo life and to prove worthiness and full human life status for in vitro embryo from the moment of gamete maturation. Apparently, proving human worthiness and dignity at the stage of gamete maturation with the criterion of embryo purposefulness and resorting to the principle of contradiction and rejection of distress and constriction, the practice of putting an end to the life of in vitro embryo becomes justifiable. However, this reasoning falls short of justifying embryo regeneration for destruction. By virtue of a legal ruling by Imam Khomeini, we have tried to infer permissibility of taking the life of in vitro embryo by analogical reasoning on priority of rulings.

As defined by Imamiyah jurists, equal co-partnership is a type of contract that brings together partners who share all business profits and losses. The history of examining this type of partnership dates back to the time of Sheikh Tusi, and many jurists who have entered into discussion of corporate contracts have also explored equal co-partnership. However, no independent research has been conducted regarding viewpoints of the five schools of Islamic thought in terms of this contract in a comparative way. This research work, developed through a descriptive-analytical and comparative method, states that due to the difference in definitions of this type of contract in five schools of Islamic thought, we have first reviewed definitions of each school separately and then, the arguments of those who believe in each statement have been examined in order to check the validity or invalidity of this equal co-partnership. According to Imamiyah jurists, equal co-partnership is a contract that enables two or more people to share any profit and compensate any loss in their business. There is sharp difference of opinion among opinions of the five schools of Islamic thought, the Imami and Shafi'i jurists believe that this contract is invalid, but some of the Imami jurists have attributed the validity of this contract to some of the Sunni schools, which is explained in this study. This equal co-partnership is void in Iranian law. Considering the difference in the definitions of the five schools of Islamic thought regarding this company, it seems necessary to first mention the definition of each religion separately and then to check the validity or invalidity of this equal co-partnership, while the evidence of those who believe in each statement should be examined as well. It is obvious that the difference in definitions of this equal co-partnership in the eyes of those who believe it to be true and invalid has caused the evidence mentioned for each promise to be different. After examining these evidences, the authenticity of the equal co-partnership is revealed according to the definitions provided by those who believe in validity of the issue. In addition to this, the invalidity of equal co-partnership, according to the definitions argued by Imamiyah jurists, is also evident in the eyes of the jurists of the five schools of Islamic thought.

Delegitimization of a political regime through the exercise of its constituent power and relying on national will depends on the realization of four external situations: concrete emergence of a national will; demand for political change based on national will; continuation of national demand for regime change; and appointment of an indisputable national leader. Adopting a descriptive-analytical method and library studies, this paper intends to analyze degree of realization of each one of the above-said four situations in culmination of 1979 Islamic Revolution in Iran by referring to reliable historical sources and relevant events, describing the quality of emergence of national will and the exercise of constituent power to delegitimize the monarchy. The results show that in the 20-month period between early 1977 and early 1979, the four characteristics of a revolutionary movement for delegitimizing the established political regime, at least two months before the final victory of the Islamic Revolution and the complete overthrow of the Pahlavi regime on February 11, 1979, had been fully realized.

Imam Khomeini does not primarily consider man an actuality and describes him as an infinite creature that manifests his existential perfection by actualizing potential humanity. Until before contamination by material world, human nature was bright, and actualizing humanity means returning to human inborn nature and essence. In this research study, “spiritual self-enlightenment” means achieving first purity that leads to the renewal of human life. Self-enlightenment requires turning away from carnal desires and transitioning from carnal and non-divine life to divine and pure spiritual life. Imam Khomeini has argued this process in different ways. The starting point of self-enlightenment is the "self" of the seeker. This self, when conforms to the model of the original nature, will be an exalted and divine self that will have intrapersonal and extra personal fruits. Achieving this excellence is necessary in order to be similar to the Creator and achieve divine ethics. However, there are also obstacles in achieving these degrees that will be examined in this study.

Imam Khomeini's political thought and model of state is a relatively new approach in the realm of "Islamic government." In this model, entitled Islamic Republic, the republic is a "genus", and Islam is the "differentia" from other kinds of republics. The importance of this point is that when the republic is the essensial part of a political system, one should expect its consequences to appear in all respects. However, in the political and legal literature, it is not possible to achieve a precise and comprehensive definition of the republic. The absence of this definition, causes various conflicts and disputes at the levels of decision-making and implementation on one hand, and the prevailing discourses on these matters on the other. Adopting an analytical-descriptive method, this article aims to find a comprehensive definition of the republic in the political system of the Islamic Republic and to examine and analyze its theoretical and practical consequences. According to the findings of the article, the presented model in the Islamic Republic of Iran is based on the formal and substantive structure of the republic and within the framework of"modern Great-Approach"; Accordingly, the Islamic Republic is obliged to consider the necessities of this matter in all its aspects to prevent metamorphosis and alter of nature.

Childbearing is a natural practice by man and it is not limited to certain time, place or individual. For various reasons, the term is normally referred to as “the right of having child” in related texts. But first, evidence on legal duty of such practice is not certain in the language of the legislator. This exposes defining the nature of childbearing to challenges since legislator has not provided such definition. Secondly, presuming legality of the issue, its limits, degree of choice by individuals in enjoying or not enjoying such right, contradiction in will of childbearing by couples, etc. have not been put on paper. This descriptive-analytical research study first reviews the possibility of the duality of nature of “childbearing”, studies the conditions of each one of the couples independently, in terms of deserving such right, its longitudinal and latitudinal aspects, will of the couples, situation resulting from contradiction in will of the couples to have a child, in view of jurists and religious texts. Findings of this research study indicates that despite emphasis of some jurists on the right of women in claim of offspring, no obligation of parties to everything accompanying it, preference of the will of husband in presumed contradiction, it is difficult to prove childbearing is a “right of woman”. Apparently religious texts in alleged proof of attributing such rights for woman, considers it a right of man in the course of the right and practice of childbearing.