پژوهشنامه متین
پیاپی 40 (پاییز 1387)

The present paper is an attempt to briefly discuss the viewpoints of the critics of modern politics. The critics of the modern politics of the postmodernists along with communitarians challenge modern politics from a humanistic or modernist viewpoint. On the other hand the traditionalists criticize the modern politics from an illuminative approach, rejecting the extremist scientism and individualism of the modernists. On the other hand the fundamentalists have committed grave crimes in the name of Islam. The Islamic Revolution in late 1970s through a revelational and Shii approach challenged the modern politics of he East and West, opening a new horizon in man's life. Since the Islamic Revolution defined itself in the light of the bright horizon of Mahdism, it negated the theory of the end of history or the totality of the West and on the other hand defined itself within the framework Wilayat Faqih.

Without any doubt ownership and the way of its transfer is a source of many transactions. With the expansion of transactions and their diversity, today ownership has become more complicated creating new kind of contracts which did not have any jurisprudential-legal precedence. Hence elaboration of the characteristics of ownership on the basis of jurisprudential-legal principles can be an index and criterion for validity or invalidity of the newly emerged transactions. There are differences of opinion in Islamic jurisprudence particularly in Imamiyeh jurisprudence about permanency as a characteristic of ownership. But by accepting the temporary ownership and strengthening the theory that denies permanency of ownership, one can accept the legitimacy of such contracts as the beizamani. The present paper is an attempt to review the viewpoints of Imam Khomeini and ritically study the reasons for the invalidity of the said theory and on the other hand besides explaining the referents of temporary ownership in Islamic jurisprudence it refers to the general reasons to prove is legitimacy.

There is no distinction between the stages of growth of the children and degree of their penal responsibility in the Islamic Penal Code, particularly in Article 49, while every individual before attaining the age of religious maturity is delivered from penal responsibility.As soon as an individual attains the age of maturity he or she is fully responsible and is punished for any offense. The question is:what happens in a single day that the legislator changes his viewpoint that causes significant consequences for the person who attains maturity. Another question is whether the announced age can be a precise criterion for the maturity of boys and girls? The present paper is an attempt to study the penal responsibility of the children in Imamiyeh jurisprudence with distinction between age of penal competency and criminal responsibility and in conclusion the Convention of the Children Rights is also reviewed.

The present paper is an attempt to study the reasons for the emergence and spread of discourse analysis and its capabilities compared to other approaches, by relying on the statements of researchers, logical inferences and case study of the hegemonic discourse in the Islamic Revolution, that is, Shii principlism. It seems that factors such as culture and politics, promotion of sociology of knowledge, and attention to linguistics on the one hand and shortcomings of theexisting approaches to the study of intellectual-cultural phenomena on the other have caused more attention to discourse analysis as a theory and method.

Process tracing is a technique through which the qualitative analysts try to determine the causal mechanisms which connect the elaborative variable to a consequence or effect. The recent methodist have assisted these analysts to offer a more formal understanding of this technique in comparative qualitative research and cases studies. The analysis of event-structure is the most expansive attempt for drawing the formal diagram of informal narratives in the form of processtracing. On the other hand, the essence of case studies in macro sociology is exposing the historical narratives through process tracing in which one complicated historical narrative is divided into stages and episodes which have been connected to each other in a causal sequence.Regarding the Islamic Revolution application of process tracing is about expression of details of the events that led to the culmination of the Revolution. A review of the elucidations of the revolutionindicates that this technique on the basis of the objectives and theoretical framework of the researcher has been presented in a different manner. Some analysts, for instance, on the basis of the objectives and theoretical framework of their study have only alluded to the turning-points and significant events in the course of the Islamic Revolution and have overlooked the narration of the details of all the events. Whereas others while presenting the said events have discussed more historical events that have led to the victory of the revolution.

The role of jurisprudential rules in the thought and power of inference of the jurisprudent is an undeniable fact. Despite attempts made in this field thus far, it is still necessary to discuss variousaspects of this problem to prepare the grounds for the introduction of a new discipline in Islamic studies. The present paper is an attempt to study the differences between the rules of jurisprudence and rules of principles of jurisprudence from the viewpoints of jurisprudents,specially those of Imam Khomeini.

Imam Khomeini as a renowned mystic has discussed mystical wayfaring in his works, unveiling different stages and positions in this wayfaring.The present paper is an attempt to study the characteristics of Imam Khomeini's viewpoints on wayfaring. Thus besides explaining his wayfaring viewpoints, whether the special cases or the cases he had specially emphasized upon, those cases which are different from otherstoo have been discussed in this paper.The main points of Imam Khomeini's viewpoints are about relationship between knowledge and practice, mystical veils, positions and stages, relationship between Sharia and truth, mystical secrets, and way of expression and impartation of ethical and mystical truths to others.These issues are discussed in the present paper.