پژوهشنامه متین
پیاپی 59 (تابستان 1392)

Zimmah that means “religious duty” to us, primarily needs such weights as guarantee, debt, pledge, commitment, obligation and domesticity. In other words, these weights shall be found in human being in case zimmah or duty exists in advance. Zimmah is created with the birth of the human being but does not end with his death. Since its nature is based on credit, it possesses the capacity to survive even after the death of its owner. When the dead one has some zimmah or duty to fulfill, the duties remain for fulfillment after his death by his heir until all is realized. Or someone else may voluntarily undertake fulfillment of his duties. In this case, the duty of the dead person is finished, and this is the end of the zimmah. Zimmah has certain specifications that this study will present in the closing chapter.

This study discusses Sahih and A’amm (The Authentic and Universal) in 12 steps. The first four steps discuss preliminaries. Steps five and six clarify debates on sahih and a’amm and continue with understanding the concepts of soundness and corruption. The seventh step explains whether soundness in this discussion means “soundness in all aspects and conditions” or just “in all aspects”? If it refers to all conditions, then, are they general conditions or specific conditions?The eighth step discusses denomination of words. For instance, what is the denomination of Salat? Does it include parts and conditions or just parts? In the ninth step, we discuss the need for presentation of an image of Ghadr-e Jame’ or comprehensive magnitude, and that we have to present a comprehensive image no matter we are advocates of sahih or a’amm. In the 10th step, we will have a detailed discussion on comprehensive image and pertinent 13 fundamentals studied in two aspects. The first aspect deals with presentation of an image of comprehensive magnitude according to sahih advocates and the second aspect, according to a’amm advocates. In this connection, there are five fundamentals for sahih and eight fundamentals for a’amm advocates. From among these 13 fundamentals, four of them can be accepted upon solid proofs namely Akhound fundamentals, Mohaqeq Esfahani fundamentals (from among advocates of sahih), Imam Khomeini fundamentals (with amendments made) and Mokhtar fundamentals (from among advocates of a’amm).The 11th and 12th steps deal with the fruits of sahih and a’amm discussions and clarification of four quotations on this issue. Following these 12 steps we enter assertion of the reasons set forth by advocates of sahih and a’amm. This paper has been developed in two parts. The first part covers the first step to the end of the first aspect from 10th step (finishes five basics in comprehensive image according to advocates of sahih).

This research work intends to carry a critical approach toward feminist viewpoints of Simone de Beauvoir, the renowned French existentialist, by virtue of verses and traditions with an eye on Imam Khomeini’s thoughts. She is the author of “Le Deuxième Sexe” (The Second Sex). Since its publication in 1949, the book has been subject of heated discussions both in social feminism and feminist Divinity. Feminism is not an integrated phenomenon, but in a relatively inclusive definition we can say that feminism or the nobility of women is against any social, personal and economic discrimination against women because of their gender. Advocates of feminism have tried to present an image of women growing according to the standards of the Western world and showing signs of modern, revolutionary and reformative thoughts. Whereas Islam, that is the most perfect Divine religion and ultimate source of the Divine revelations, claims it has redefined the nature of women as a human being, has restored their identity lost in the course of history, and has presented a perfect model for manifestation of this beautiful creature of God. This paper, developed by library studies, has worked on a critical approach toward Simone de Beauvoir’s feminist views on marriage and motherhood. On the other side, this paper has presented Islamic views by virtue of verses and traditions and Imam Khomeini’s opinions.

The alimony of missing couple is included in the non-financial rights of the couple that plays a key role in continuation of marital life. Lack of alimony will raise serious problems for the families and the society.According to the widely accepted views of Imamiya jurists, if the missing person is found or, if there is a plenipotentiary substitute for him to pay the alimony, the wife of the missing couple should wait. However, if there is no sign or sound of the missing couple, and if there is no plenipotentiary substitute to pay the alimony, the wife is religiously permitted to refer to the legal judge and wait for maximum four years for the return of her husband. Also, when a donator volunteers to pay the alimony, she will have no right to request for dissolution of marriage. Instead, she will have to tolerate the status quo until her husband returns. Imam Khomeini (RA) also believes in this rule of Imamiya jurists on paying alimony of the missing person.However, some contemporary jurists such as Tabatabaei Yazdi are of the opinion that if the wife of the missing person fails to search for her husband for some reasons, and if there is no volunteer to pay alimony, she can refer to the authorized judge and apply for divorce. In this case, the judge may rule their divorce. The civil law and the non-litigious jurisdiction act say that paying alimony of the missing couple is on a trustee who takes care of the properties of the missing person. The alimony rule of the spouse receiving divorce from the court can be obtained with respect to the law (articles 1109 and 1156).This study intends to find access to new and appropriate precepts on alimony of the wife of the missing couple by observing the jurisdictional and legal fundamentals on one hand, and reviewing the viewpoints of contemporary jurists and modern law on the other hand.

All theorists and researchers on revolution are unanimously of the opinion that the occurrence of Islamic Revolution in Iran imposed heavy shock on all observers and analysts from the journalists and diplomats to Iranian thinkers and researchers of revolutions and social movements. On this basis, a question comes forth, i.e. how come the Islamic Revolution in Iran has immensely shocked and astonished all – including key players, expert regional observers, and revolution specialists in social and political sciences? In response to this question, some scientists of social and political sciences have made clarifications and presented explanations to say why the Islamic Revolution was unpredictable. In this study, authors have tried to explain about three major clarifications on unpredictability of the Islamic Revolution. Each of these clarifications has founded its reasoning chiefly on a key factor, and has accordingly presented a clarifying model for this astonishment: The Social Consequences of Preference Falsification by Timur Kuran; Chaos in the Process of Revolution by Nikki Keddie; and The Unthinkable Revolution in Iran by Charles Kurzman. The quality of making each clarification has been reviewed in detail by each researcher.

Reasons behind culmination of the Islamic Revolution in Iran have been analyzed from various political, social, economic and cultural points of view. This study has relied on the “theory of good governance” to find the roots of the formation of Islamic Revolution in the historical period between 1953 and 1979. The pivotal factor in the theory of good governance is the constructive interaction of the government with the civil society. This constructive interaction results in political stability, political participation and controlling political corruption. The question is: How far was the second Pahlavi reign compatible with the theory of good governance in between the years 1953 and 1979, and how can the reasons behind culmination of Islamic Revolution be analyzed based on this theory? Findings of this research work suggest that in the period under discussion the hostile relations between the government and the civil society led to the expansion of political corruption, political instability and political participation against the ruling system. These factors accelerated culmination of the Islamic Revolution in Iran.

Today, “human rights” is the major challenge of all nations. It is so important that legitimacy and acceptability of the governments depend upon how they observe human rights. This paper intends to comparatively study the grounds for and obstacles to these two legal systems to find out that first: Do Iranian laws support human rights according to international standards? Second: Is Iranian government committed to observe the requirements of International Charter of Human Rights according to the rules and regulations of The Universal Declaration of Human Rights? Results of this study show that despite many common grounds, there are still serious obstacles and differences between these two legal systems. Therefore, since Iranian government has accepted covenants of The Universal Declaration of Human Rights and it has to observe the requirements of this declaration according to Article 9 of the Civil Law, there should be found ways to boost commonalties and reduce differences. Results show that the Expediency Council of the I. R. of Iran that was established in 1988 upon an order by Imam Khomeini and empowered through revision of the Constitutional Law in 1989, can help alleviate this problem as a legal instrument by its dynamic performance and normalizing innovations.