Matin research journal
Year:2018 | Volume:20 | Issue:79 |Papers Count:7

The effect of the circumstances at any age on the inference of religious laws is an indisputable fact according to the Sharia law presented by the Prophet (PBUH). The reality has been also reflected in the works of some jurists, among whom, Imam Khomeini introduced the theory of the decisiveness of the two elements of time and place in Ijtihad. The issue of the obedience of wife is among the religiously obligatory issues and the refusal of wife to fulfil her marital duties or her disobedience (nashuz) is among the variable regulations. It shall be considered among the changing rules as affected by time and place components such as common law, practice of the rational people, interests and corruptions, change in the subject, and object of a legal relation. Time and place can play a key role in it. This is because the examples of obedience and disobedience have not been clarified well in fiqh and there are only a few cases on this. In other cases, the common rule and social mores should be taken as criteria for practice. Moreover, in this field, the religious rules are to confirm previous laws and usages. Therefore, there is the possibility of understanding part of the interests and corruption for the intellect. The enforceability of the disobedience of the spouse alters with the change in time and place conditions within different cultures. Therefore, in determining the details of the disobedience by the spouse and its enforceability various components are involved and no clear-cut criterion can be ever introduced.

This paper intends to review the religious rule for selling and prohibition to sell arms to enemies of the religion. In view of the past jurists, in general, such arms sales are subject to two rules of absolute prohibition on sale and differentiation between the time of war and peace. Absolute prohibition on sale means that arms must not be sold to the enemies of religion at any time, or it may be sold at time of peace but absolutely forbidden at time of war. Of course, there may be a third view that leads to the contradictory evidences despite the contradiction between permission to sell and prohibition on sale. In such cases, reference shall be made to the business by mutual consent. Imam Khomeini rejects all three theories. Given the spirit and preference of the Sharia Law, the time and place circumstances, and authority of the Islamic ruler, he considers the permission to sell and prohibition on sale within the jurisdiction and power of the Islamic ruler. Imam Khomeini is of the opinion that it is the Islamic ruler and highly qualified religious jurisprudent who decides to sell arms or prohibit arms sales to enemies of religion. Upon the rule of the Islamic ruler and with respect to the expediency of the Islamic community, the permission to sell or the prohibition on arms sale will be made clear.

The principle of the lapse of time is one of the most important and essential articles of the penal code. After the victory of Islamic Revolution, the legislature nullified and deleted the article. Then, the penal lapse of time was admitted again in 1999 with binding conditions in penal affairs. Finally, upon the approval of the Islamic Penal Code in 2013, the principle of the lapse of time was approved with substantive rules. This paper, carried out with a combined, descriptive, analytical and comparative method, made it clear that Sunni jurists or the general public have found no fault with discretionary punishment, and even in some of its sects (Abu Hanifa), the lapse of time shall be deemed without any problem except in right of people, blood money and punishment for attributing adultery to someone. Imamiya jurists, like Imam Khomeini, do not approve lapse of time for such crimes and punishments as lashes, blood vengeance, and blood money, ruling that it is contrary to the Sharia criteria. However, in discretionary crimes, the ruler can consider lapse of time upon reasoning through exigency or expediency.

Romantic mysticism is an intellectual movement with certain principles and characteristics either in theoretical aspect or in practical and spiritual wayfaring dimensions that has received less attention. A review of a few cases of theoretical principles and specifications in the works of Ahmad Ghazali, will help understand how he has managed to popularize romantic mysticism as an intellectual movement as well as an independent and flourishing entity. In comparison with Imam Khomeini’ s views on this, we can understand that how far Khorasani school of mystical love has affected mystical views of a contemporary theosophist although with different line of thinking. This paper’ s claim or achievement in clear words is this that Imam Khomeini, as a highly learned person belonging to Ibn Arabi’ s school of thought and that of Molla Sadra, accepts the generalities of the Khorasani school of mystical love, and in his poetry his language is very close to the gnostic poets of the school of Khorasan. However, in his works in prose, he has reflected the same principles in another form and language in Ibn Arabi’ s school. Elsewhere, impressed by the common approach in Shia jurisprudence, he has not paid that much attention to principles governing some romantic mystic traditions such as virtual love.

Lifestyle is considered as the individual and social language. Individuals express their identity through meaningful selection from amongst goods and behavioral patterns and illustrate their intra-group solidarity and intergroup distinctions. Lifestyle functions, under specific circumstances, functions as a pattern or role model or a symbol for these solidarities and distinction. Particularly, in crisis conditions, the lifestyle of revolutionary leaders plays an important role in differentiations. The objective of this research is to study the lifestyle of three contemporary revolutionary leaders, namely, Imam Khomeini, Mahatma Gandhi and Nelson Mandela to find out their similarities and differences. The findings of this paper, gained through qualitative method and thematic analysis, show that despite some differences, which are significant, the three leaders had almost similar lifestyles and their similarities are more than their differences.

Based on the intertextuality theory, any text, conscious or unconscious, is a reproduction or representation of its previous or contemporary texts. Based on this theory, many contemporary texts can be found with intertextual relations with classic texts in various genres. In the meantime, the Holy Quran has the greater share of intertextual relations. Based on intertextuality approach, Imam Khomeini’ s poems, as examples of the contemporary Persian poems, maintain a unique approach toward the Holy Quran. This paper intends to study and explain various intertextual genres of Quranic texts reflected in Imam Khomeini’ s poetry in order to identify how much his poetry has been affected by the Holy Quran. The findings of the research paper indicate that Imam Khomeini’ s poetry is sometimes inspired by the Quranic words, themes, personalities, and stories. Moreover, the most intertextual Quranic form in his poetry is represented in the form of parallel negation.

Clarification of the nature and determining the scope of inclusion of the legal term “ Ifsad fil-Arz” (Corruption on Earth) is undoubtedly one of the most challenging legal debates in post-Revolution Iran’ s penal code. Although the legislature criminalized Corruption on Earth in 2013 Islamic Penal Code in a bid to elucidate the subject and put an end to the discords and differences of opinions, it seems the new law has not only failed to serve as a solution, but also it has augmented problems due to negligence of the jurisprudential fundamentals vis-à-vis this criminal title. Despite legislature’ s views, it seems that Corruption on Earth is not an independent criminal title to necessarily deserve capital punishment; rather, it is the description of all criminal acts and titles that cause disturbance in moderation and healthy life of the human beings. Therefore, appropriate punishment should be awarded proportionate to the act committed as well as conditions and circumstances at the time of committing the crime.