پژوهشنامه متین
پیاپی 60 (پاییز 1392)

The nature of relationship between fixity of commandments and their universality and trans-temporality is among serious concerns. The passage of time creates some changes. Hence, there are different viewpoints about the principle of change and the way of its impacts. The present paper is an attempt to formulate these viewpoints and answers. The important viewpoints about change are: 1) change is totally effective; 2) change is manageable through flexible definition of secondary commandments; 3) detailed explanation in a specific manner; 4) Imam Khomeini’s viewpoints. The viewpoints of Imam Khomeini have been discussed in details, showing his approach to jurisprudential management of changes and developments within the context of time and space on the basis of individual inference.

The universalization of the use of computer and Internet in less than half a century has introduced to the world a phenomenon called Internet (computer) crime in general and Internet theft in particular, which can be very endangering from security point of view. The present article is an attempt to study this offense from jurisprudential point of view. Also it will be compared with the theft whose punishment is mutilation of fingers. The findings of the present paper show that despite the fact that mutilation of thief’s fingers can be deterrent, it cannot be a suitable punishment forthe Internet or computer theft. However, since there are still some doubts about this kind of theft, the Islamic punishment of mutilation of fingers cannot be used for Internet or computer theft based on the rule of Dar’ ul-Hadd.

Mulla Sadra was the first Muslim philosopher to offer a rational explanation of physical resurrection on the basis of transcendental philosophy. On the basis of his principles, the body, which is essentially under the management of the soul, i.e. our body, not the materialized mundane body, is one of the lower degrees of the soul. Therefore, body is not an instrument independent or alien to the soul, rather it is its manifestation. Hence, on this basis, in doing an action, the body is both supervisor and causer of the implementation of the act and due to this reason it is liable to reward and punishment in the hereafter. Mulla Sarda maintains that the otherworldly body is the outcome of the imagination faculty’s creativity. Imam Khomeini is one of the advocates of Mulla Sadra’s theory of physical resurrection and has acknowledged Mulla Sadra’s principles and his rational explanation of physical resurrection.

In the first part of this article nine preludes of the twelve preludes of the issue of correct and general (including explanation of the problem, its overview, the problematic, its nature, its nomenclature, and the necessity of depiction of limit of comprehensive), were discussed. It was mentioned in the tenth prelude that it is necessary to depict the limit of general whether as a generalist or correctist. Hence, in the generalist approach, the nature of limit of general was discussed and was mentioned that thirteen principles were extracted with regard to the limit of general. These principles are studied within the framework of two approaches: First approach includes the limit of general in viewpoint of correctness which has five bases. The first approach that is the limit of general from the viewpoint correctists and has five principles was discussed in the first part of the article. In this part, the approach of generalists which has eight principles is discussed. At the end of the tenth principle it is argue that out of the thirteen principles four can be accepted proven which are those offered by Akhund, Mohaqeq Isfahani (a correctist), Imam Khomeini (as a correctist) and Mokhtar as a generalist. In the eleventh prelude, the results of both approaches are discussed and finally in the twelfth prelude four arguments on the concept of correct or general are discussed. In the next step the reasons of the correctists and generalists are concluded: we don’t have a general principle with regard to the issue of correct and general, rather each jurisprudential issue (such as obligatory, prohibition, fast, Hajj, and even deeds) should be studied independently and given the wide scope of the said issues, the discussion of each issue must be given within the framework of its jurisprudential chapter.

Man is a being, who possess reason, whose rational products guide him in “theory and practice” in his life. These two realms have preoccupied the thinkers since times immemorial. On this basis, Aristotle divided philosophy into two parts of practical and theoretical, which is based on classification of reason into practical and theoretical. The main objective of the present paper is to study the way of the interconnection of these two realms, their dependence or independence and their impacts on each other. Imam Khomeini has discussed this issue. He is critical of the idea that the function of theoretical reason is understanding and that of practical reason is doing thought about acts. He maintains that act is necessary in both the realms of reason and that knowledge and understanding alone is not helpful in theoretical reason. He pays attention to the role of faith in beliefs and convictions, which is not attainable through mere knowledge.

One of the conditions of contractors in a transaction is freewill. Of course free will here is not antonym to determination, rather it is antonym of compulsion. Freewill here means consent (termed as heartfelt consent by jurisprudents). Also jurisprudents consider freewill as an independent condition on the side of intention. Hence, it can be concluded that they are different and are not identical nor are they one and the same thing. In fact, one of the them is main factor for contract and is effective in the completion of the nature of contract and the other, i.e. consent, is the condition for effectiveness and validity of the contract whose subject might have happened in the past or may happen in the future. One of the reasons for consent is the Quranic verse on mutual consent which states that any transaction should be based on mutual consent which happens in outside reality and does not entail the simultaneity of contract with consent. The present research is an attempt to conclude dispensability of simultaneity of consent with contract based on the “a trade by mutual consent”.

Faculty Member, Faculty of World Studies, University of Tehran, Adjunct member, Imam Khomeini and Islamic Revolution Research Institute. The present paper is to a somatological study of elements of otherization of alien culture in Imam Khomeini’s cultural discourse. The main question of the present paper is: how the alien culture as the other is represented in Imam Khomeini’s cultural discourse? In order to discuss the problem, Laclau Mouffe’s discourse analysis method has been used and the related works of Imam Khomeini have been used as data sources. The findings of the research indicate that Imam Khomeini by using duo terms such as cultural insecurity and security, light and darkness, subordination and superordination and awareness and humiliation successfully otterized the alien culture as the other of the cultural discourse of the Islamic Revolution. The symbol of Satan and its reflection in the cultural discourse of Imam Khomeini which represents the signifier of Great Satan and its signified, i.e. US-West, is in fact a perceptive cultural defense mechanism.