Matin research journal
Year:2016 | Volume:18 | Issue:71 |Papers Count:8

Among the conditions by the jurisprudents for correctness of a transaction is that the exchanged items should be non-restricted or should be free from encumbrance. On this basis, the jurisprudents do not allow the transaction of a mortgaged or endowed item. However, whether this condition is an independent one or not has not been discussed by the jurisprudents. The Iranian Penal Code does not mention non-restrictedness as a condition for correctness of a transaction, rather it mentions some of its referents such as transaction of a mortgaged or endowed item. In viewpoint of some jurisprudents, lack of existence of reason for encumbrance as a condition for correctness of a transaction, causes the condition of non-restrictedness in each referent of this subject to require a specific reason. Hence, according to some jurisprudents and jurists, encumbrance is a general title which hinders any interference which is in contravention with that specific right. Given the multiplicity of emergent referents regarding lack of being non-restricted and association of other’s rights in contemporary era, one may argue that being free from encumbrance is a condition for transaction, opposition to which would lead to the ineffectiveness of the deal.

Branding is mainly, and to some extent correctly, used in the field of activities related to economy and trade, particularly economy and trade based on market rules. Nevertheless, growth and expansion of branding techniques and skills as well as surfacing of its significance as a category related to the nature of human relations has encouraged scholars of branding to try to expand the domain of inclusion of branding system. Emphasis on personal branding over the past few decades, either in political or art, sports, or management, has revealed the signs of this expansion and development. City and country branding, from the perspective of tourism or even for the sake of consolidation of national power in international arena, has become prevalent today. It seems that the final stage of this trend will be the branding of ideas and thoughts. Although it is still in the embryonic stages of its development, idea and thought branding seems to be the final stage of this trend. This trend too is in the early stages of its development, but the pace of its growth is very rapid. Attempts have been made in this article to discuss the idea of sustainable peace as one of the mainstays of the discourse of Islamic Revolution. The distinction of the dominant discourse of the Islamic Revolution, which has turned it into one of the most popular events of the contemporary history, lies in its approach to the issues of politics and political power. The reconciliation of ethics with politics, which had sunken into oblivion in the market of political relations, is the very turning point that can be connected to the idea of sustainable peace. The contention of this paper is that the idea of sustainable peace can, by using the techniques of branding, become one of the powerful brands of the discourse of Islamic Revolution in international arena.

An accused, who is being investigated through penal proceedings, is innocent unless proven guilty by a just trial. This is the presumption of innocence which is accepted in all legal systems including in the Islamic system.On the other hand, one of the important effects of the presumption of innocence is the principle of freedom of the accused during the accusation period or legal proceedings. However, despite the existence of these principles, due the necessity of investigations and security measures, the juridical procedures allow temporary detention as a judicial bail. But, this judicial bail is essentially in contradiction with the principle of freedom and presumption of innocence, for as has been argued in this article, the prime principle is unlawfulness of detention before trial. Therefore, there is a contradiction between temporary detention and its primary fundamentals. The present article is an attempt to prove the contradiction and its exceptions from jurisprudential point of view with special reference to Imam Khomeini’s viewpoints and its contrast with international documents.

The present paper is an attempt to explain the elements that play an important role in the quality of going down the Straight Path of humanity in Imam Khomeini’s viewpoints. This issue is significant because human beings should go down the Straight Path for achieving felicity and happiness. The Path, on the one hand, leads to the nature and, on the other, to deityhood (supernature). Imam Khomeini maintains that the Path encompasses the entire earthly life of human beings and that this world is the one through which one should go down. Imam Khomeini also maintains that if we go down this Path properly, we will achieve felicity and happiness.

The conflict between istishab sababi and istishab mosabebi means that doubt in one is caused by doubt in the other. This is a subject matter of the Principles of Jurisprudence. It was put forth for the first time by Sheikh Tusi and after him other experts of the Principles of Jurisprudence too discussed it. There is no doubt that istishab sababi is prior to mosabebi, but the controversy is about the reason and basis of this priority. Some of the jurisprudents maintain that istishab sababi governs istishab mosabebi and if istishab sababi is enforced, there is no room for istishab mosabebi. Others believe that the priority is based on launching, while others argue that if istishab mosabebi is given priority, a vicious circle will appear. Therefore, in order to avoid vicious circle istishab sababi should be given priority over istishab mosabebi. Imam Khomeini maintains that if istishab is of rational or normative kind, the istishab sababi would not have priority over istishab mosabebi, but if it is canonical (Shari), the inferential (ijtihadi) whose context is prepared by the istishab sababi, in this case istihab mosabebi is given priority.

Recent developments in the world, particularly revolutions, coups and wars during the recent century, have led to the development of different theories about social movements. Perhaps, one of the latest theories that has been widely used in the closing years of the twentieth century is the theory of non-violence for bringing about social and political changes in different societies. Imam Khomeini and Mahatma Gandhi are among the leaders who used the theory of non-violence in their struggles. The present paper is an attempt to study the differences and similarities of the ideas of Imam Khomeini and Mahatma Gandhi about the concept of non-violence through comparatively method. The findings of this paper indicate that both Imam Khomeini and Mahatma Gandhi believed in non-violence and applied this method in their struggles, the idea of non-violence has its roots in the religious teachings the two leaders followed, and the anthropology of both the leaders, despite stemming from different fundamentals, gets close to each other and consequently leaves its impact on their method of struggle.

The subject matter of anthropology is studying human being as well as human conditions in general and particular, individual and social, theoretical and practical issues. On this basis, anthropology encompasses several scientific disciplines. Hence, the roots of anthropology can be traced in humanities, art, experimental sciences and social sciences. With the advent of Islam and its revealed teachings, the Quran, as the most important source, opened new horizons about human nature. An interesting point about the Quran is its comprehensibility and at times exclusiveness, which go hand in hand. The Islamic teachings speak vastly about human being through traditions, theology, philosophy and mysticism. Imam Khomeini has discussed humanistic anthropology as well as Quranic anthropology and their differences. Imam Khomeini maintained that revealed, proper and comprehensive anthropology was necessary for individual and collective life.