پژوهشنامه متین
پیاپی 37 (زمستان 1386)

According to the Quranic verses and the traditions mentioned in the legal sources of Islam, the realization of repentance under specific circumstances has been mentioned as a source of alleviation of some punishments. This fact indicates that the punishments meant for offense in Islam are not meant for vengeance rather they are meant to respect man's dignity. The present research is an attempt to study the level of impact of repentance on the alleviation of punishment (limits) of offenses by focusing on the viewpoints of Imam Khomeini and other jurisprudents. However, since the jurisprudents and the legislator have mentioned "confession" and "evidences" as the only proofs for an offense in the field of limits, the certainty of the knowledge of the judge, as one of the ways of proving the offense, on the level of impact of repentance on the alleviation of punishment is studied in this paper.

One of the important contracts in the commercial transactions is mortgage contract through which the debtor gives a property as a bail to the creditor. Indivisibility, subjectivity and dependency are some of the attributes of this contract while establishment, handing over and acceptance of the mortgaged are among its principles. Salability and originality are among the conditions of the mortgaged property. Lack of knowledge of the rights and duties incurred to the two committed parties through this contract may lead to a number of legal disputes including the rights of the mortgager, right to use the mortgage itself, payment of the maintenance of the mortgaged, and handing over the mortgaged to the mortgagee. The mortgagee has right to return or give up the subject of mortgage but on the other hand is duty-bound to maintain, manage and return the mortgaged.

The measures taken by Reza Shah on religious affairs are broadly divided into two categories: the measures directly opposing religion, and the measures that had anti-religious outcomes. The present article is attempt to study those measures in four sections: the measures taken in the field of religious institutions, those in the field of education, those in the field of rites and rituals and those in the field of relationship between religion and politics.Once Reza Shah abdicated from power, all the social forces erupted just like a volcano. The religious currents too showed their reaction which was not based on class, racial, or guild interests and hence their result was restoration and reconstruction of the religious identity of the society. The traditional Islamic trend, the dissident Islamic trend and the modernist Islamic trend through planned and resistance identities tried to reconstruct the religious identity of the society. The main objective of this article is to offer a typology of the reactions of the religious trends after 1941 based on the challenges posed to the religious identity of the society during the rule of Reza Shah.

Cloning or reproduction other than through intercourse which is now ready to enter man's life after having been tested on the animals, has created controversial discussions in the field of ethics, religion, philosophy and law. Some consider it an idea lacking ethical and humane bases, which undermines the ideas of God-centrism in the field of creation and also undermining the rights of the cloned person. Hence, they call for stopping research in the field of human cloning. Some of the Shia jurisprudents particularly Imam Khomeini consider the technology for probable reproduction of man as a means to open new horizons for the future.In the present article the two methods of cloning, that is, human and curative, are described and their negative and positive aspects discussed. Also the viewpoints of the divine religions about these methods are discussed and finally it is argued that both the methods are acknowledged.

The issue of abstractness of man's soul is one of the most important issues in anthropology. The present study is an attempt to shed light on this issue from the viewpoint of the founder of transcendental philosophy and that of one of the followers of this school of thought, Imam Khomeini. In order to fulfill this task, the reasons for the abstractness of soul have been given in the field of rational reasons (eight reasons) and traditional reasons (five reasons).In his rational reasons, Imam Khomeini relies mainly on the reasons forwarded by Mulla Sadra while in some cases he put forth his own reasons as well. On the contrary, regarding the traditional reasons, he delves into the issue and elaborates these reasons.Overall, the two philosophers acknowledge the abstractness of the rational soul, which had been demonstrated by the followers of Aristotle. Mulla Sadra proves the abstractness of the rational soul during the interval between death and the Day of Judgment. Besides following him in this regard, Imam Khomeini in his traditional reasons maintains that the position of the rational soul is meta-abstract.

The main thrust of the present paper is to study the approach of the religious thinkers to the intellectual aspect of the Western civilization (modernity). Therefore, the main focus of the present study falls in the field of history of thought which is related to the method of intellectual encounter or interaction between the Iranian thinkers and the expansionist trend of Western (modernity) thought and their typology. Attempts have been made in the present study to critically review the previous typologies and offer a new typology of the religious thinkers which will be more comprehensive compared to the previous ones.

The issue of primordial nature is among the subjects which has been widely discussed by the thinkers of various disciplines in different historical stages. The focus of this paper is to discuss primordial nature from the viewpoint of Imam Khomeini. Contrary to some other thinkers, Imam Khomeini maintained that the attributes of the primordial nature belong to the tendencies and inclinations. In other words, primordial nature loves absolute perfection and dislikes imperfection. In the viewpoint of Imam Khomeini, there are two kinds of primordial natures: the unveiled makhmoreh primordial nature that has not been subjected to the principles of the nature and the veiled makhmoreh primordial nature that has been subjected to the nature. All attributes of the primordial nature have the same interpretation in his viewpoints. In this outlook, primordial nature is the source of good and bad. Also some of primordial natural affairs as well as the most important principles of the primordial nature have been discussed in this paper.