پژوهشنامه متین
پیاپی 44 (پاییز 1388)

One of the issues of the discipline of Principles of Jurisprudence is about the concepts of absolute and general which have many jurisprudential advantages. There are many jurisprudential discussions about “general and particular” and “absolute and conditional”. The present article is an attempt to discuss the differences between these two concepts in viewpoint of Imam Khomeini based on independence of each, while some great jurisprudents like Akhund Khorasani maintain that there are relations between them. Hence it is pertinent to discuss the issue and compare the viewpoints of the two jurisprudents.

The issue of contract and its articulation is among the longstanding issues in old and new jurisprudential sources. The present paper is an attempt to study the jurisprudential viewpoints in this regard. The main findings of the present paper indicates that jurisprudential thought has undergone changes from extremist formalism to the truth and spirit of legal practices and also the functions of common sense and rational practice has become important in contemporary era. An analysis of the special approach of Imam Khomeini sheds light on the role of this reformist jurisprudent in the evolution of jurisprudential ideas.

The performance of the judiciary and the penal system must be defendable by the public opinion. The public opinion trusts the judicial system only when its legal procedure is fair. Fair trial includes all stages of investigation including the discovery of crime to execution of the verdict. The principles of independence and impartiality of court constitute some components of a fair trial. The main objective of these two principles is to build confidence among the public. In fact independence is itself a means for the protection of the court’s impartiality. Attempts have been made in the present paper to discuss the concept of judge’s independence as stipulated in the Constitution as well as in the viewpoint of Imam Khomeini. Also the concept of impartiality of judge as envisaged in the legal procedures and the viewpoints of Imam Khomeini has been discussed. In addition, the same concepts in the International Convention of Civil and Political Rights which Iran ratified in 1975 have been discussed. The practical consequences of observation of these two principles have been analyzed as well.

The vast participation of the veiled women in the course of the Islamic Revolution of Iran caused foreign analysts to call it the revolution of the veils (chadur). The whyness and howness of this participation have not been properly discussed by those who are interested in the theoretical studies of the Islamic Revolution. The present paper is an attempt to review this issue through a method of discourse analysis. Hence the three traditional, modernization and Islamic Revolution discourses are studied at two levels: inter-discourse and intra-discourse levels. The hypothesis of this paper is that at the intra-discourse level, disconnection in the articulation of the traditional and modernization discourses and adoption of the strategy of rejection and exclusion of the other and at the inter-discourse level the grounds were prepared for their inability to preserve the former audience and attract new audience in the years before the Islamic Revolution. On the other hand the synthetic nature of the articulation of the discourse of Islamic Revolution at the intra-discourse level and adoption of a critical and positive strategy towards the other based on cultural, social and political requirements of the society, lead to the redefinition of a new political and social identity for Iranian women. This redefinition on its turn encouraged a large number of women who chose a traditional symbol, that is, hijab (veil) to joint the struggles against the Shah’s regime.

The present paper is an attempt to compare the features of the political system during the occultation from the viewpoints of Imam Khomeini and Allama Naini. The main hypothesis of the present paper is that the political system advocated by Imam Khomeini is more comprehensive than that of Allama Naini. The features of the political system advocated by both the thinkers are discussed from two aspects: the form and content of their political system.

Primordial nature or human primordial nature is among the Quranic issues through whose cognition not only man gains self-knowledge but also knowledge of God. The existence of God-given and non-acquisitive primordial nature in man leads to man’s knowledge of and inclination towards God the Almighty.The present paper is an attempt to discuss the concept of primordial nature in the holy Quran and the traditions as well as in the viewpoints of Imam Khomeini, who was influenced by his teacher Ayatollah Shahabadi. In Imam Khomeini’s viewpoint primordial nature refers to the awareness and inclinations which are institutionalized in man. He mentions different natures and inclinations for man which lead man to primordial nature based on his origin, primordial nature based on monotheism… He maintains that some of these are the rules of primordial nature while some are its requirements. So long as the primordial nature is not subject to natural rules Imam Khomeini calls it non-veiled primordial nature. In this case it is among the faculties of reason. And if attention is paid to natural aspects and is subject to natural rules it is called veiled primordial nature which is among faculties of ignorance which will be a source of vice and evil.

According to many experts the Islamic Revolution of Iran enjoys many unique features which distinguish it from other revolutions, including the cultural and ideological features prevailing the public opinion in the course of the revolution. There are many factors which are analyzed in the causal study of the revolutions, including the economic, social, political and cultural issues. The present paper is delimited to the cultural issues. Since the Shia ideology played a stronger role compared to other ideologies in the course of the revolution, it is pertinent to pay attention to this issue as well.Attempts have been made in the present paper to study the cultural issues that were effective in the course of the revolution as well as the Shia ideology, role of leader and other religious scholars, clerics, academics and intellectuals within the framework of the theories of such theorists as Hamed Algar, Nikki Keddi and Michael Foucault.