Matin research journal
Year:2020 | Volume:21 | Issue:85|Papers Count:7

Abstract Making humanoid robots and building human statues in medical centers is haram or religiously forbidden according to the prevailing religious decrees. The rule is based on documents developed from various well-known traditions. However, it seems that due to non-attributablility of restriction by common law, there is the possibility of its renunciation. In other words, the tradition-based rule is attributable to the previous human statues since there was no scientific logic behind making those statues in the past. Therefore, all traditions on previous human statues are subject to renunciation for lack of scientific intent and inability to make humanoid robots. But toys might have been made for amusement or for scientific use in some cases. In this case, the traditions might be either renounced fully or partially. So, considering them religiously forbidden objects might not be implausible. In the meantime, such jurists as Mousavi Bojnourdi and the author of Dirasat fi al-Makaseb al-Muharramah argue that “prohibition” in these traditions attests to the time people attached sanctity to the statues due to rites and rituals remaining from the age of idolatry. However, they claim, people attach no sanctity to the statues these days since theology and worshipping God have become mostly needed and commonly accepted facts. This paper is an attempt to study the probability or permissibility of making humanoid robot and statues in Islamic jurisprudence with emphasis on Imam Khomeini’s approach. The findings show that making statues lacks reverence and reason for sanctity in modern day society with such monotheistic approach. 

Given the need for uniform judicial precedent during the legislative body’s enactment of laws on various forms of crime perpetration, this paper intends to analyze one of the most important issues in jurisprudence and law, i.e. plurality of causes – including successive and concurrent – or combination of direct and indirect causes and even plurality of the indirect causes. The belief in legal obligation concerning discernment of causal link between behavior and criminal effect as a constituent element of actus reus in the crimes and also between the harmful act and damages thus incurred – that are among the major elements of civil liability – cannot be a factor to justify neglecting flagrant and numerous losses and defects in the 2013 Penal Code, in particular, lack of uniform criterion and prescription of various strategies for discernment of causality. Therefore, through studying various laws and theories, this research came to the conclusion that under the current circumstances, the discernment of causality should be based on analysis of the type of intervention by factors and type of behavior of the offenders within the framework of plurality of causes or plurality of indirect causes or a combination of both. By virtue of legal provisions, the judicial precedent extracted from various sources such as jurist views, Imam Khomeini’s views in particular, and the realities of each case must be taken into consideration before making any decision on causal link based on common law.

The theory of legal addresses is one of the novel Usuli theories introduced by Imam Khomeini. It sets forth a framework for enactment of Sharia rules, according to which the general addresses on Sharia law are made to create law, although they lack such requirements as power and knowledge. Since the theory has deep impacts on various jurisprudential arguments, this study intends to investigate it from various aspects and scrutinize the secondary principles in transactional jurisprudence in order to rethink the theory’s impacts on transactions. This is to analyze the compatibility or incompatibility of these impacts with the Iranian civil laws and jurist views. The results of this study prove the applicability of this theory in various important issues related to transaction such as ascertainment of option in revocable contracts, validity of rent agreement vis-à-vis adequate excuse and the need to examine ownership of properties with unknown owner.

This paper intends to study the two-sided effect of simple life or lack of simple life and luxury life in sanity and stability or lack of sanity and consequently instability of the governments in view of Quranic-Islamic teachings as well as conducts and traditions attributed to the Prophet (pbuh) and Imam Ali (AS). It is also to develop a model for use in the Islamic Republic of Iran as a religious government. In addition to taking the founder of Islamic Revolution Imam Khomeini as a model, we have also adduced instances from his recommendations and life as a leader who lived a simple life. As a multidimensional scholar and politician and thanks to his in-depth sociological insight, Imam Khomeini was well-versed in Islamic and historical studies, history of Islam and Muslims, and well aware of the role of government agents and politicians’ simple life in sanity and stability of the Islamic Republic of Iran. He used to openly express his concerns and lay emphasis on living a simple life, contentment in personal life, and safeguarding baitulmaal or public treasury on the part of the government agents as key factors for protection, stability and sanity of the Islamic system of government.

Abstract The coronation of Pahlavi II on October 26, 1967 was held at Golestan Palace some 26 years after inauguration of the king into the office. The delay in coronation of the new king was due to political and economic conditions in Iran in September 1942 and the occupation of the country by the allied forces as well as lack of required legitimacy on the part of the government. Strengthening his monarchical rule, especially after the August 19, 1953 coup, the Shah of Iran felt free to hold his coronation. After escaping multiple assassination attempts, with prince still a child, the Shah had his worries about the future of the monarchy. He wanted to grant Queen Farah the title of regent during coronation to guarantee attachment of monarchy to the Pahlavi reign in case of his death. Therefore, the ceremony was both for his coronation and for regency of Queen Farah. To that end, the Shah attempted to build legitimacy for himself through archaism. He was strongly opposed, however, by the religious forces who likened his reign to Bani Umayyad caliphate in their attempts to delegitimize his government. His opponents renounced his coronation and took steps against him for various reasons. This paper intends to find an appropriate answer to the following question: Why did the religious forces and Imam Khomeini oppose coronation of the Shah and what did they do to that end? This paper has been developed through a descriptive-analytical method while using library documents. Findings of the research work indicate that religious forces, headed by Imam Khomeini, opposed coronation for its contradiction with the principles of Islam, its heavy costs, and regency of Farah Pahlavi and expressed their opposition by hostile acts, demonstrations, and distribution of anti-regime leaflets.k

Abstract Experts consider religious leadership a referent of charismatic leadership, if it is achieved in the course of a mass movement. Its stability and sustainability are uncertain though, especially when succession and a change of situation are at stake. This is the essence of Max Weber’s classic theories of charismatic authority. The experience of Islamic Revolution, and consequently the establishment of the Islamic Republic of Iran, have seriously exposed the theory to serious contradictions and challenges and put forth the necessity of fundamental revisions, including the revision of “instability of charismatic relations”. The findings of this paper show that charismatic relations are still stable despite entering into the phase of “institution” and the occurrence of “succession”. This is because of the existence of the element of ideology-fidelity, which is common in both situations.k

Abstract Verdicts of Sharia law have conditioned the majority of issues such as marja’iyyat or source of religious authority, adjudication, leadership of Friday and congregation prayers, testimony bearing,… to justice. In their definition of justice, the majority of contemporary jurists have validated manliness in addition to such preconditions as lack of committing mortal sins and no intention of committing venial sins. A person acting against manliness and humanity lacks required competence to take the aforesaid responsibility. In this paper, developed through analytical-descriptive method, we have tried to precisely clarify the meaning of manliness and its effects while analyzing jurisprudential fundamentals for subjecting justice to manliness and the differences of jurist opinions on the subject. Finally, we have reviewed in detail Imam Khomeini’s views on the status of manliness in justice of the witness.k