پژوهشنامه متین
پیاپی 66 (بهار 1394)

There are no rules and regulations in Iranian civil law on the state of unauthorized unilateral contracts. Jurists and legal experts have not presented general theory on unauthorized unilateral contract versus unauthorized contract and as examples they have opinion enforcement of unilateral unauthorized agreement on such issues as divorce, rights of rescission (option), right of preemption and release. In connection with divorce, the jurists believe that it is impossible to take place in an authorized way. The process or lack of unauthorized process in release and right of preemption rest upon this general discussion that whether in unilateral contract unauthorized action is effective or not? Therefore, if unauthorized action in unilateral contract is not possible, release and right of preemption upon unauthorized action will not be correct even at the permission of the owner. Likewise in jurisdiction, highly distinguished jurists say unauthorized action is possible in only contracts and even some renowned jurists have resorted to consensus on impossibility of unauthorized action in unilateral contracts. The question is whether unauthorized action – that is possible in contracts – will be possible in unilateral contracts or not? Supposing that unauthorized action is possible in unilateral contracts, the order of unauthorized action in unilateral contract is its invalidity? In this paper we have tried to prove that unauthorized action, which is possible in the contracts, in principle will be also possible for the unilateral contracts, unless in certain unilateral contracts when unauthorized action will be impossible for some reasons.

This paper reviews healthcare as one of the most important human rights that is also an indicator of sustainable development. The right of enjoying quality healthcare is claimable like other human rights and the governments are obligated to respect and support it. World Health Organization (WHO), while recommending rendering of primary healthcare services with the centrality of family medicine in the member states, has stressed on equity in access to healthcare services without any discrimination. Equity in healthcare and the concept of development based on Imam Khomeini’s views on the importance of social equity in Islam and supporting the deprived walks of life and the needy in Islamic communities have been covered in this paper. The ups and downs of family medicine as the executive plan for realizing equity in healthcare in the developed and developing nations have been also reviewed.

Diversified interpretive tendencies to a great deal depend upon the conditions and dominant thought of the time, where the best method of hermeneutics finds its deserving place. Today, Quran by Quran interpretation as well as hermeneutic and teleological methods are more common.The author of this paper is of the opinion that identifying the ultimate goal of the legislator is the most essential point in correct interpretation and hermeneutics. Inattention to the ultimate goals of Quran is one of the important reasons behind unpopularity of narrative interpretation, while it has received emphasis from Imam Khomeini. But it is upon the discretion of the researchers to find how far this approach can be used for interpretation and whether theory of interpretation can be also used for jurisdictional inference. Apparently, Imam Khomeini’s practical conduct can be the basis for presentation of such discussions. In this paper we will present evidences for jurisdictional interpretations and teleological Ijtihad (independent reasoning).

Today, with respect to the eye-catching developments in economic fields, consolidation of commercial papers to guarantee loans and financial aids has found a unique status in international arena. This has been legally recognized in the majority of world legislative bodies. In Iranian law, however, consolidation of commercial papers faces serious problems because it is chiefly considered as a contract of mortgage. This is because Article 774 of the Civil Law and the orders by the renowned Imamiyah jurists have openly announced mortgage of debt and the benefit as null and void. However, in order to facilitate granting of loans and boosting financial resources and credit transactions, and also in line with promoting efficiency of the banks, some directives and regulations on banking affairs have neglected traditional regulations despite requirements of the civil law and have officially recognized mortgage of instances of nonmaterial properties such as claims, that lack the regulations stipulated in the civil law.

What kind of path is the path of episteme? What are its ups and downs? What is the true episteme and what requirements and practices does it have? These are questions from the perfect theosophist Imam Khomeini that have been answered with respect to his practical conduct, his scientific and mystical works and through a descriptive-analytical method. Perhaps presentation of these questions is due to indecision in view of the innate tendency and feeling responsibility toward knowledge, Quranic view and traditions, and Imam Khomeini’s scientific profile on one hand, and harsh position to and complaint of knowledge and whatever related to knowledge on the other hand. In opposition to the seclusive manner, Imam Khomeini says any scientific, social, political, … activities are not only permissible but also necessary, but the precondition to the right episteme and realization of the Prophet’s saying “knowledge is nothing but a light that God the exalted casts into one's heart”, according to Imam Khomeini, is purification of the carnal soul and taking distance from whims. These charms are so colorful, sensitive, and delicate that never leave man alone in his path toward acquisition of knowledge and its risk is comparable to hidden polytheism. In principle, carnal desire in all its attributes, is equally dangerous and the hidden polytheism is only an example.

The existential guardianship is an order, comprising of suborders, which manifests the absolute Divine guardianship in all positions and dimensions. According to the Quranic verses, the universe has been created based on manifestation of Divine essence in the form of names and attributes. The multiplicity of Divine attributes is so that whatever happening in the world of creation is based on a Divine name and any name, depending upon its requirement, will have consequences in the universe. On this basis, absolute guardianship of God in the entire universe will be nonstop, indivisible, and integrated. In view of Imam Khomeini the guardianship of God has been manifested in perfect man with the glorious name of Allah, which is the Grand Name of God, directly and without any intermediary, and in other creatures by other intermediary names. He believes that the title of perfect man is exclusive to the Muhammedan Truth and his disciples but other human beings as wayfarers through tearing apart the veil of egoism and ego-centrism can meet the stage of proximity under obedience and attain the position of proximity to supererogatory gain the power of domination of mundane forces. He considers supererogatory proximity as the first stage of Wilaya or guardianship and maintains that the ultimate stage is proximity of obligatory rites and rituals in whose light the servant turns into ears and eyes of The Truth.

One of the important matters of dispute in jurisdictional term is the possibility of the ascertained person’s injunction to act based on his certainty. The answer to this question in various jurisdictional categories has its specific results. A glance at the first principles shows that the majority of theoreticians at law see the possibility of the ascertained person’s injunction to act based on his certainty as impossible by virtue of rational, theological and intellectual reasoning. In contrast, a number of other theologians at law, while opposing the above order, have presented a new theory that stresses on the inaccuracy of the previous reasoning. In this paper, we have tried present an acceptable and well-proofed solution based on Imam Khomeini’s theories on legal reasoning and with an emphasis on his jurisdictional views. Based on the theory of legal reasoning we can admit that the principle of injunction from submission to certainty has no problem at the stage of affirmation, so that even at this stage, one can deduct the existence of such order from the contents of some traditions and pertinent jurisdictional decrees, and also by virtue of rational reasoning.