پژوهشنامه متین
پیاپی 47 (تابستان 1389)

Transaction contract by an uncommissioned agent is one of the controversial and widely discussed issues in jurisprudence. Some of the jurisprudents consider it illegal while others maintain that it is legal; still there are others who discuss its variant types. Attempts have been made in this research to discuss different viewpoints about the transaction contract. Also the later permission of the owner and its impact on the transaction contract by an uncommissioned agent has been discussed to find out if the consequent permission of the owner is effective from the time of the contract or from the time of the issuance of the permission.

The Raf’ Tradition is prohibitory in nature, lifting nine categories from the perimeters of legislation, whose committing does not lead to punishment. The present paper is an attempt to discuss the meaning of Raf’ in the tradition, its inclusion of topical issues and issues related to the decree, the way of its allusion to the principle of deliverance, the way of denotation of Raf’ to the nine categories, its inclusion of oblivion of requisites and parts of worship, and its inclusion of causes… Also attempts have been made to discuss the viewpoints of renowned scholars such as Shaikh Ansari, Akhund, Mirzai Naini and Imam Khomeini about the way of denotation of the tradition as well as other related issues.

The main thrust of this paper is to discuss how different definitions of the issue of government and its requirements in the political thoughts lead to significant differences in the structure and components of government and its requirements. For those who think within the framework of a specific intellectual tradition this condition is a function of requirements which are inherent in the structure of that intellectual tradition. In fact, different requirements in the intellectual structures of Sunni and Shia thoughts have led to different definitions of the issue of government. Attempts have been made in the present paper to discuss the structural differences between the Shia and Sunni thoughts regarding the issue of government focusing on the political thought of Abul A’la Moududi who believes in a divine democratic government with divine-popular legitimacy and Imam Khomeini who believes in an Islamic Republic based on the guardianship of jurisprudent with divine (Wilai)-popular legitimacy.

Marriage by an uncommissioned agent is marrying a person on behalf of a spouse without the permission of the spouse. According to most of the jurisprudents this kind of marriage contract is a correct but ineffective marriage contract that will come into effect as soon as the spouse or his representative gives his consent. If finalization of marriage contract is necessary by one of the spouses in an uncommissioned marriage contract and the same spouse passes away, some jurisprudents maintain that the mere consent makes inheritance mandatory, but Imam Khomeini and some other jurisprudents hold that the spouse becomes entitled to inheritance after the consent and swearing. If one of the spouses is an adult who has initiated the contract and the other party is a person who has gotten married but has not yet announced her consent, in this case the decree will come into effect only when the said party announces her consent. If the person who has gotten married by an uncommissioned agent rejects the marriage, it will become null and void. But if the person who has gotten married through uncommissioned agent asks for a marriage portion different from what the marriage contract had set, the marriage is nullified.

In today’s world we come across a contract whose foundation base is the time and spatial requirements. The time-sharing ownership has been formed under the influence of the concept of time-sharing which is normally used in the tourist and recreational places. On the basis of this contract people sign short-term or long-term contracts with the owner of a recreational place and each party to the contract uses the recreational place in specified intervals. Attempts have been made in the present paper to discuss the bases of legitimacy of such contracts from the viewpoint of civil law and jurisprudent. Also the role of this contract in ownership of a property commonly owned by several persons as well as temporary ownership (such as leasing) a single property to several person have been discussed.

Iran in the past has experienced different leaders including nationalists, Islamist modernists, and modernist elites. Imam Khomeini, as a revivalist of Iranian Islamic civilization, the founder and architect of the Islamic Revolution and the leader of a cultural revolution, enjoys a special position among the leaders of Iran. The beginning of the Islamic movement in Iran in 1963 and the Imam’s sagacious leadership laid the foundations of a new discourse in the national and intentional political-religious studies. The present paper is an attempt to study the new discourse titled the discourse of the Islamic Revolution.

The reflections of the Ashura Revolution are still alive in the 21st century. The Islamic Revolution of Iran too which is only thirty years old was influenced by the Ashura and those who were involved in the Ashura event. The main question of the present paper is: What elements of the Ashura Revolution played a greater role in the Islamic Revolution of Iran and how Imam Khomeini used those elements to make the revolution successful? The research method applied in the present paper is descriptive-analytical and relying on the element of religion tries to find out the roots of the revolution in the Ashura event. Imam Khomeini relied on the model of Ashura and employed its potentials, attraction, inspiration, organization power and excitement inherent in mourning ceremonies, martyrdom-seeking, demonstration and rallies which dealt a blow on the Shah’s regime in his final year in power.