پژوه نامه فقه و علوم اسلامی
پیاپی 4 (بهار 1402)

Throughout history, women have always been under the domination of masculinity, whether in its traditional form or modern form. Therefore, the existing image of women is always an element that is non-independent, periphery, and second-class. While the true identity of women is far from these descriptions. In the present paper, by searching through a mixed method of content analysis - ijtihadic analysis in the Quranic thought of Ayatollah Khamenei, various dimensions of the real identity of women are stated, including the necessity of Islamic identity for women, the characteristics of that identity, its dimensions and factors affecting identity, the relationship between gender and humanity in identity, the confrontation between Islam and the West in identity, and the effects of identity building and identity destruction of women. Based on the methodical study that has been done in the research, it can be said that from the perspective of the leadership, the identity of women has an absolute framework in which all individual, family, and social dimensions are covered. According to verses 35 of Surah al-Ahzab, 21 of Surah al-Rum, and 195 of Surah al-'Imran, the identity of women is the same as the identity of men in terms of humanity; and in terms of gender, as an incidental part of identity, it is different from the identity of men and is meaningful in the functions of life. In addition, according to verses 10 to 12 of Surah al-Tahrim and its clarification in the understanding of verse 36 of Surah Al-'Imran, women in the same thought, not only have a common human identity with men, but they are also introduced as a role model for both believing and non-believing women and men.Also, great characters such as Hazrat Zahra (SA) and Hazrat Zeinab (SA), who are role models for women, have undermined the belief of some interpreters in accordance with verse 17 of Surah al-Zukhruf, as they reject the idea that women- like men- enjoy high intellectual and logical talent.

Sahl ibn Ziyad Razi is a well-known narrator who has been mentioned in the chains of narration of many Hadiths and documents. The majority of early Shiite Rejali sources prior to Imamia have undermined him, while some latter Rejali and Fiqhi sources have defended the trustworthiness of this prolific narrator and described his narrations as authentic and consistent. Ayatollah Khamenei is one of the few scholars who have neither defended the absolute trustworthiness of Sahl ibn Ziyad nor ruled out that all of his Hadiths are invalid. Rather, he has strengthened the theory of the reliability of Sahl's Hadiths in the noble book of al-Kafi. He believes that the numerous statements of the predecessors in weakening Sahl ibn Ziyad make it difficult to defend his absolute trustworthiness, but on the other hand, the high status of Sheikh Koleini in hadith studies and his great interest in transmitting Sahl's Hadiths in a book like al-Kafi, brings about trust in the hadiths of this narrator regarding al-Kafi. This theory has tangible implications in the areas of ijtihad and Fiqh for Ayatollah Khamenei.

There are disagreements among Faqihs (Islamic experts) about wife’s inheritance from the immovable bequest. All Imamia Faqihs- except for Ibn al-Junayd- unanimously agree over the wife’s deprivation of her husband’s certain immovable properties. A theory developed by Sayyid Murtadha is here noteworthy which could be regarded as the source of change of law in this regard based on Ayatollah Khamenei’s Fatwa. However, one should address all arguments and faults dealing with this issue as Sayyid Murtadha’s explanations regarding his theory need more details and clarity. This article seeks to explain this Fatwa. After criticizing the reason for the opinion that the wife is deprived of part of the husband's bequest, even from its price, the evidence for the fatwa of Sayyid Murtadha and some contemporary jurists, including Ayatollah Khamenei, who believe that the wife is not deprived of both the bequest and its price, has been examined, and evidence has been presented to substantiate it. With this explanation, the evidence for the relevant change in the Civil Code is also clarified as per the fatwa of Ayatollah Khamenei.

One of the criteria of the Islamic culture is the way Muslims cope with Ahlul Kitab (People of the Book). Verse 29 of Surah At-Tawbah speaks of a type of financial agreement with People of the Book, under which they are required to pay a tax called jizyah. There is a view that the meaning of the phrase " وهم صغرون" in this verse is to humiliate the People of Dhimmi at the time of paying jizyah. Therefore, behaviors such as standing them up, grabbing their beards, humiliating, and even slapping them in the face have been considered permissible. The present study, using documentary sources and a descriptive-analytical method, has sought to criticize this view. To achieve this goal, after reviewing the concepts of "dhimmi" and "jizyah", in the first step, the possible reasons for the aforementioned view in two areas of understanding the phrase " صغرون وهم " and also deriving from a hadith have been explained. In the next step, these Fiqhi interpretations have been weighed against criteria such as presenting them to the Quran, the linguistic concept of Seghar (minor, small), presenting them to the Sunnah, and being in line with the Islamic moral system. The achievement of the study, based on the view of Ayatollah Khamenei in interpreting verse 29 of Surah At-Tawbah and the related Hadith, is in the invalidity of the aforementioned view and a sound interpretation of the verse. According to this interpretation, undermining and humiliating the people of dhimmi is not compatible with the standards arising from Islamic tenets.

The concept of governance, as a western-driven normative concept, needs to be recreated in the Islamic discourse. In religious literature, governance can be considered as a path towards good governance. Since changes in a society in the process of governance call for changes of the implemented rulings, it is possible to identify the conditions by referring to religious sources and apply them in the Islamic Republic system to make the governance a wiser process. On the other hand, by referring to the discussion of Naskh (abrogation) in Quranic sciences, useful propositions can be found to achieve this goal. The basis of conditional Naskh, which expresses the change of rulings following a change in conditions and the strengthening of abrogated rulings (in a general sense) if the conditions for the implementation of that ruling are met, is particularly compatible with this goal. In this study, via the library method and with focus on the interpretation of Surah At-Tawbah by Ayatollah Khamenei, the abrogator and abrogated verses have been examined and by extracting three chains of verses and examining the context of the verses and their revelation circumstances, some principles of governance have been singled out. These principles address issues such as policy-making and regulating ties between Muslims and enemies at different junctures as well as the conditions for the realization of final Bara'at from Mushriks..

Religious democracy is an ideal form of governance in which the rights, status, and dignity of people in the administration of society are respected, while the sanctity of religious values and principles is also maintained. In fact, it is a new method that opposes western democracy and at the same time rejects despotism and dictatorship. The present study aims to examine the Quranic and narrative foundations of Ayatollah Khamenei’s thoughts and comments on religious democracy using a descriptive method through a Naqli (revealed) approach. This paper explicates how Ayatollah Khamenei- in accordance with the teachings of the Holy Quran and Hadiths- has promoted and implemented the theory of religious democracy focusing on elements such as justice, support for humanity, rights of nations, freedom, piety and meritocracy, and electoral competition and popular turnout.