پژوهشنامه متین
پیاپی 63 (تابستان 1393)

The convention on the Elimination of All forms of Discrimination against Women has a preamble and ten articles. Most of the contents of this convention are accepted in the Islamic Law and are in congruence with the jurisprudential viewpoints of Imam Khomeini. They have been explicitly approved by the Constitution of the Islamic Republic of Iran. But the issue is that in certain cases pertaining to personal affairs, the acceptance of some of the contents of the convention causes neglect of the rights of other members of the family. It is a challenge in the field of women’s rights which is seriously followed up and discussed by Muslim jurists and lawyers. The main hypothesis of the present paper is that the said cases not only are not discriminatory but are compatible with the characteristics of women’s rights that are based on the merits bestowed upon the women by the Creator and on whose bases women acquire their true role in the society. Moreover, the authors of the convention do not accept complete equality between men and women.

Euthanasia is one of the most controversial issues of all societies today. Euthanasia means putting an end to the life of a person by himself or another person out of mercy to rescue the said person from unbearable pain and suffering or from an incurable disease. Euthanasia has different degrees and hence requires different decrees. The most important element of euthanasia is the consent of the person whose life is to be taken. The first principle in this regard is that the consent of the person whose life is to be taken is not a permission for committing the offense. In jurisprudential discussions, consent to kill has been discussed within the framework of permission or order to kill, but the viewpoints of jurisprudents are different. Euthanasia, whose main feature is consent of the person whose life is at stake, does not fall within any legal exception. Death is also dealt in the similar manner and some kinds of euthanasia should be considered as an instance of intentional murder, except the ones falling within the scope of the Article 268 of Iranian Civil Code. There are differences of opinion about scope of inclusion of this article. According to this Article, for the condonement of the compensation or retaliation as a result of the consent of the person whose life is taken, after the criminal act (of killing out of mercy), the person against whom crime has been committed must forgive, otherwise the said article does not apply to it. If the person against whom crime has been committed forgives, the next of kin cannot ask for compensation. If the act (of killing) is included within the scope of the said article, the said person will be subject to Article 612 of the Iranian civil code regarding punishment.

One of the most important sociopolitical theories introduced by Muslim thinkers in the course of history is the theory of Guardianship of Jurisprudent (Wilayat Faqih), which was implemented through scientific and practical struggles of Imam Khomeini in the form of Islamic government. The idea was confined to secondary principles until his time, but he removed it from the realm of jurisprudence and placed in its real status, i.e. the domain of theology. The novelty of the idea of Guardianship of Jurisprudent on the one hand and intellectual and cultural attacks of aliens against this idea to create some doubts about it on the other hand are the main reasons for this research. Hence, the present paper is an attempt to provide answers to the questions raised about this issue and also shed light on its different aspects. One of the questions raised in this regard is the inefficiency of jurisprudential management versus scientific management. The hypothesis of the present research is: based on Imam Khomeini’s viewpoints not only jurisprudential management is not in confrontation with scientific management, but also jurisprudential management is a kind of scientific management. At the same time, Islam has the necessary instructions for management of the society, otherwise, the perfectness of Islam which is among the definite teachings of the Quran would be put to question.

The present paper is an attempt to study the concept of amr (order) from four perspectives. In the first place, the etymology of amr (in Arabic a m r) is discussed. Order has two usages: one material and one extractable, but one cannot categorically say that there is commonality between the truth and metaphorical references of the word amr. If there are contradictions in understanding the objective of the Legislator, one should refer to the practical principle. Secondly, this concept should be studied in the light of credibility of superiority in amr (order). Asking in general is divided into two kinds: one is commandment and order and another is request. What changes request into an order is a psychological or carnal condition, which is created in the psyche of the seeker and conditions his psychological request or demand. This condition is seeking superiority. Therefore, superiority, which is an external evolutionary reality, has no role in conditioning carnal request. Hence, if seeking is without the condition of superiority, it is a request, but if it is conditioned with superiority it is an order.In the third section, attempts have been made to find answer to the following question: is the gamut of the concept order truth of obligation? It is argued that it has been coined for ordering. Moreover, ordering means a demand whose object is superior and entails implementation.Finally, the experts of principles of jurisprudence, besides discussing the abovementioned issues, also discuss request (demand) and will and their differences through a theological approach. However, this issue is not analyzed in this paper, rather the issue is explained without offering the viewpoints of the author of this paper.

People chosen as trustee to maintain property of an owner or his representative, rationally and legally (religiously) are duty-bound to act as a trustee by taking the Sharia law into consideration. But a trustee may betray the trust and commit betrayal. The same trustee may repent and become trustable again. Now the question is whether such a person can once again become a trustee after he mends the betrayal and comes back to desirable treatment of the trust. There is no unanimity among renowned jurisprudents in their answer to this question and hence they have different arguments in this regard.

Although Imam Khomeini like many other mystics has not exclusively spoken of positions and stages in wayfaring, he has paid special attention to this crucial point in all his works. He has explained some of the stages and positions and also critically studied the wayfaring notions of some of the great mystics, while offering his own viewpoints. The present paper is an attempt to study Imam Khomeini’s viewpoints in three areas:a)His exclusive viewpoints about positions and stages of wayfarers and their sequence in three respects, i.e. epistemology, ontology and anthropology.b)Imam Khomeini’s specific viewpoints about “explanation and interpretation” and “stages and grades” of some of the positions of the wayfarers.c) Imam’s specific viewpoints about “meditation and its grade”.

Imam Khomeini has not used the concepts of ideal society or civil society in his works, but on different occasions has mentioned the features of such societies. Civil society in this research refers to ideal society in its general meaning on the basis of the viewpoints of political philosophers, which includes civil society in its special meaning (organizations and non-governmental organizations). On the basis of this definition, the meaning and features of this concept in Imam Khomeini’s discourse is studied in this paper through discourse analysis. The main question of the present paper is: what are the status and features of ideal society and civil society in Imam Khomeini’s discourse before and after the Revolution and what are their approaches and concepts? The findings of the research indicate that the features of ideal society and civil society are accepted and emphasized in Imam Khomeini’s thought, but their value and credibility are not similar in the selected examples. This discourse has a great flexibility and accepts the manifestations of the modern civilization in its general and universal framework.