پژوهشنامه متین
پیاپی 33 (زمستان 1385)

One of the jurisprudential rules is impermissibility of assistance to commitment of sin and transgression. In the first place the documents on which this rule is based in the Quran and tradition are discussed and then the arguments based on reason and consensus are put forth. Also the issue is discussed from jurisprudential and legal points of view and its history in the Iranian Legal Code is illustrated. Secondly the conditions for materialization of this assistance as well as the relationship and differences between causing, contributing to or assisting the commitment of an offense are discussed. Finally assistance to materialization of illegitimate deals is discussed from jurisprudential and legal points of view in the French law and are compared with that of Iran.

Emergency is among the secondary concepts and well-known jurisprudential rules which is referred to in different fields of jurisprudence and is also applied in ritualistic, legal and penal fields. It can play an effective role in solving individual and social problems. At the time of emergency, the unlawfulness and punishment of the unlawful act is abrogated. According to the Article 55 of the Islamic Penal Code, emergency has been mentioned as a factor abrogating penal responsibility. However, there are lots of ambiguities about it. The present article is an attempt to study the penal aspects of emergency and discuss some of its ambiguities.

One of the issues of the principle of jurisprudence is opposition. In response to an ambiguity regarding the issue of opposition, Imam Khomeini has forwarded seven introductions. The fifth introduction is the legal statement. Through forwarding these introductions, the Imam tries to provide an answer to the said question, which will be discussed in this paper. According to martyr Mostafa Khomeini who studied this answer, it is an innovative answer given by Imam Khomeini. In his book, Tahrir fil-Usul, while studying this subject, he seriously criticized the seven introductions to the said question.Since Martyr Khomeini in studying the legal statements, has in the first place questioned the seven introductions, the present article critically studies his criticism. Also the issue is elaborated and the Imam’s introductions are reviewed.

In theory-testing, Skocpol by using historical-comparative analysis and eliminative induction of agreement and disagreement of John Stuart Mill while proving the authenticity of his theory claims that he has disproved the presumptions of the main theorists of revolution (Marx, Gurr, Tilly, Smelser, and Johnson). The present article by applying the same methodology and logic that Skocpol applied, that is, Millian logic of eliminative induction, has added the case of the social revolution of Iran to the previous cases to find out the implication of test of theory of revolution after adding this new case which is an appropriate case and is in the realm of Skocpol's theoretical conception.

Research about a revolution may have a broad conceptual framework, but in the present study only the factors contributing to the formation of the Islamic Revolution are studied. Hence the theories of revolution and the reasons for its occurrence are partially studied. In this regard, the characteristics and strategy of the revolution and those of the opposite forces that is the Shah’s regime, the performance of the Shah, and the Shah’s dependence on the West are discussed.The present study is descriptive and hence does not require a conceptual framework.

The Arabic word Wilaya (Custodianship) means domination and authority. As a legal concept within the framework of family law it means the authority that the lawgiver grants to father and paternal grandfather for managing the financial affairs and security of the child. The present article is an attempt to provide answer to the following question: Is it possible to grant custodianship to mother? The research methodology of present study is descriptive-analytical. Natural custodianship is among rational decrees approved by the Lawgiver. Since during those days the Lawgiver had realized that the financial and marital affairs of the child could be looked after only by the custodianship of father and paternal grandfather, it was approved by the Lawgiver. According to the Imamiah jurisprudence and the jurisprudence of other Islamic schools of thought, the natural custodianship has been granted to father and paternal grandfather and it is claimed that there is a consensus on negation of mother's custodianship. However, today, given the elements of time and space in individual inference, weakening of the foundations of patrimonial family system and the promotion of women's capabilities and knowledge in recognizing the exigency of the child, it is possible to give custodianship of the child to mother.The authority of natural custodianship of child in financial and marital affairs is limited to observing the exigency of the child. Therefore, regarding other affairs, the custodian should take the permission of the child after the child achieves maturity.

The Islamic Revolution of Iran and its consequences, particularly the emergence of the Islamic Republic of Iran, are among the attractive topics for the Western thinkers and researchers. Each of them has tried to analyze the reason and mode of development of this great event in the Iranian contemporary history. Nikki R. Keddi the well-known American historian is among those who have been attracted by this great event. The present article is an attempt to discuss the reasons of the Islamic Revolution, the framework of Keddi's analysis, her viewpoints about revolutionary Shiism, and relationship between ideology and revolution. Keddi's model of analysis is compared with the subjective and organizational models. In conclusion her critical viewpoint about the Islamic Revolution of Iran is discussed.