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Author(s): 

Hosseini Kashani Seyed Mohammad Mostafa | Sharifi Mahdi

Issue Info: 
  • Year: 

    2020
  • Volume: 

    22
  • Issue: 

    87
  • Pages: 

    25-44
Measures: 
  • Citations: 

    0
  • Views: 

    54
  • Downloads: 

    9
Abstract: 

Hodud punishment is one of the most complete penal laws in Islam in line with realization of penal justice. There should be a strong and secure sanction for realization of Hodud, otherwise the society, and consequently justice, will be at risk. The need for implementing Hodud punishment is an indisputable fact and a requirement for the post of Vali-ye Faqih or Guardian Islamic Jurist who is in charge of implementing Islam’s penal precepts such as Hodud punishment in line with observing the rights of Allah, the rights of people and preventing violations of government laws. Following an analytical-descriptive approach, this paper intends to provide an appropriate answer to the question of whether Vali-ye Faqih holds the authority to make changes in Hodud punishment in Islamic government. A contemplation on the meaning of Vilayat indicates that the word is synonymous with Imamate in a Muslim society and thus it is not an expression of Divine precepts only. An examination of the rational and narrative reasoning with an emphasis on the narrations underlining the authority of Vali-ye Faqih in Islamic government in the absence of the Imam of the Time, will prove that upon expediency or any reason of important foundation Vali-e Faqih can reduce or moderate Hodud punishment

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Issue Info: 
  • Year: 

    2024
  • Volume: 

    13
  • Issue: 

    1
  • Pages: 

    61-88
Measures: 
  • Citations: 

    0
  • Views: 

    17
  • Downloads: 

    0
Abstract: 

The importance of opinion in the thought and practice of jurists in different periods, from the beginning of the era of the disappearance of the cobra to the Qajar period, shows the ups and downs and movement in an evolutionary path. After the Safavid dynasty came to power and the transition from the era of Taqiyyah, we witness the cooperation of the jurists with the Safavid government and the acceptance of Safavid government positions in the form of the jurists' shari'a guardianship and the Muslim monarchy of Dhu Shaukat. The fall of the Safavid dynasty and the coming to power of the Afghans, Nader Shah and Zandiye caused the collapse of the political and religious relations of the Safavid era, and political positions were taken from the jurists, and in the context of the society, three religious currents, Usuli, Khabari and Sufi, competed and clashed; But the outcome of this political and socio-religious conflict at the end of the period of intercession and the beginning of the Qajar era is the promotion of the status of jurists and the acquisition of independent social authority, which did not derive its power from the appointment of sultans, who obtained it from the people, and the kings needed their permission. . Now the question arises, why and how did the jurists change from cooperating with the government and the power attributed to the sultan to relying on the people and social authority? Using Skinner's theory of intentional hermeneutics and analysis of environmental conditions and discourse and religious contexts, this hypothesis has been proven that the developments in Shia jurisprudence, especially the topics of ijtihad, taqlid and khums on the one hand, and environmental changes and the occurrence of social conditions on the other hand, In a hundred-year process, ...

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Author(s): 

Heydarian dolatabadi Mohammadj avad | Aliakbari Babukani Ehsan

Issue Info: 
  • Year: 

    2024
  • Volume: 

    7
  • Issue: 

    25
  • Pages: 

    152-191
Measures: 
  • Citations: 

    0
  • Views: 

    11
  • Downloads: 

    0
Abstract: 

Competition law is a newcomer to the legal system recently. A sound understanding of competition policy can provide us with sufficient bases to apply a fundamental and normative view of the issues of competition law. The difference in supervision and regulation determines how the market functions and in order to understand this difference one must understand competition policy. Competition policy may be based on governmental support for national production and industry or on a non-interventional and regulatory posture. Moreover, supervision, based on the principle of non-intervention in the market mechanism, is rooted in liberal ideas; however, regulation, whether as a rule or an exception, is based on the assertion that the market has been ineffective in attaining its goals. Therefore, the government will resort to interventions to regulate inefficiencies.  This paper aims to analyze Supervisory Authority in Implementing Competitive Policy by employing the description method. In this article the author tries to first delineate competition policy, its related requirements and imposed deviations to the market. Then, by defining the supervisory entity and clarifying its distinction from the regulatory institutions, the author considers the characteristics of an appropriate supervisory entity conducting a comparative study of this issue in Iran and the U.S.A. This form of Competition policy because of its applicable experiences which have been well described by recent scholarship is considered suitable for the native system.

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Author(s): 

KHANDAGHABADI HOSSEIN

Issue Info: 
  • Year: 

    2015
  • Volume: 

    NEW
  • Issue: 

    17
  • Pages: 

    137-163
Measures: 
  • Citations: 

    0
  • Views: 

    1257
  • Downloads: 

    0
Abstract: 

His background of executive activity as a statesman caused Seyyed Hossein Nasr’s thought to be linked with secularism. Examining his background in this context is not separate from his basis of thought rooted in his traditionalist procedures. Valid connection between spiritual authority and temporal power that is one of elements of Traditionalist thoughts, backing Nasr’s thought on religious governing. According to religious doctrines that are in contrast with western thoughts, Nasr believes that religion, especially Islam, cannot be separated from the governing realm. This article tries to study Nasr’s theoretical reasons against secularism, i.e. separation of religion and government. Also it shows that how Nasr explains this subject causes someone thinks that there are rooms Tor influence of secularism in his thought and oppose with him.

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Journal: 

POLITICAL KNOWLEDGE

Issue Info: 
  • Year: 

    2022
  • Volume: 

    18
  • Issue: 

    1 (35)
  • Pages: 

    173-198
Measures: 
  • Citations: 

    0
  • Views: 

    264
  • Downloads: 

    0
Abstract: 

Throughout history, government officials and important personalities have always been at risk. The main question of this research is "Is the protection of officials and personalities accepted in Islam"? To answer this question, we referred to the main sources of Islam and this main question was answered by a jurisprudential method. In this study, two different categories of evidence were found,Arguments that agree with and support the protection of personalities and officials in Islam, and arguments that seem to conflict with protection. Following various works and examining the evidence, the result of this research was that protection in Islam is a certain and accepted thing,However, according to the desirable characteristics of the Islamic ruler, the desirable fraternal relations in the community of faith and the beliefs of the believer, conditions and conditions must be set for it. In the meantime, the prohibition of intentional destruction and the order to guard in the prayer of fear are the most important arguments in favor of guarding in Islam. We also see in the biography of the Prophet (PBUH) that he was protected in wars and many bodyguards have been mentioned for him throughout history. Low identification of security in Islam can lead us to the right model for today's complex world.

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Author(s): 

MEHVARI M.H.

Journal: 

NAMEH-YE-MOFID

Issue Info: 
  • Year: 

    2003
  • Volume: 

    8
  • Issue: 

    4 (32 POLITICAL SCIENCE)
  • Pages: 

    125-152
Measures: 
  • Citations: 

    0
  • Views: 

    972
  • Downloads: 

    0
Abstract: 

According to shi’a doctrine, Imam Ali (P.u.h.) and his eleven infallible descendants are appointed to lead the Islamic community after the holy Prophet (p.u.h.) and Muslims are obligated under Shari’at to follow and obey them; but this does not imply that the infallible leaders (p.u.h.) are allowed to establish a government through resorting to whatever means, even coercion and violence against the people. Only with the consent and support of the people are they obliged to establish Islamic government. In other words, the infallible Imams (p.u.h), despite being appointed by God to lead the community, the exercise of their authority is subject to the consent and will of the majority of the people.

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Issue Info: 
  • Year: 

    2021
  • Volume: 

    17
  • Issue: 

    63
  • Pages: 

    137-148
Measures: 
  • Citations: 

    0
  • Views: 

    55
  • Downloads: 

    0
Abstract: 

The unit news is considered as one of the suspicions of two directions for proving the proof and the realm of authenticity. Some, referring to the appearance of some quranic verses, consider following the unit news as the case for following the opinions of the quran which is subject to the quranic verses. Well-known rulers have restricted the credit range of the unit news of the issues should be made by binet, in which justice and multiplicity are conditions. One of the most important applications of the unit is the study of public jurisdiction. The main question of this research is whether the general competences of individuals by citation of the most important applications of the unit is the study of public competencies. The main question of this research is whether the general competences of individuals are denied by the unit news? Research in the main sources and also on the basis of field research has been done, from the viewpoint of experts in the process of selection and implementation of qualifications, news of the unit lacks value and validity, but some of them consider the time and position required for the candidate. According to the conditions and characteristics of the narrator or the sources of research, they consider it as a symmetric and more investigation.

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Author(s): 

MESGARI A. | GHASEMI H.

Journal: 

SHINAKHT

Issue Info: 
  • Year: 

    2009
  • Volume: 

    -
  • Issue: 

    59/1
  • Pages: 

    145-173
Measures: 
  • Citations: 

    0
  • Views: 

    823
  • Downloads: 

    0
Abstract: 

The aim of this article is to make a picture of the general cultural-intellectual circumstances of the time in terms of the relation contemporary man finds between himself and the ‘truth’. One way to grasp this relation is obviously by putting the subject into its historical perspective. We begin the inquiry with the genealogy of the tradition of scribe and producing the text-as its achievement-in archaic and modern cultures. ‘Book’ has been taken to be the symbol of the source of the truth, and in movies, fairy tales, paintings, poems and literature, has always -been the sign of knowledge or truth itself. That is why the text is an appropriate departure point. We take it for granted the relationship man finds between text and the truth is subject to the very relation he finds between himself and the truth. Thus, studying the contemporary human's concept of the place of himself before the truth, we have no option but to deal with hermeneutics. Since this inquiry is not in line with only our linguistic interests, but with our philosophical question (vicinity or distance man feels between himself and the truth), we choose by nature philosophical hermeneutics among several hermeneutical approaches; in Heidegger's philosophical hermeneutics all consequences find ontological implications.The ultimate answer turns out to be that contemporary man considers he has have a very good chance of finding the truth directly and meeting it face to face immediately. It is important to note that this article attempts describe cultural conditions disinterestedly and make no issue of Heidegger's philosophy at all.

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Author(s): 

HAERI SAYED KAZEM

Journal: 

FEQH-E AHL-E-BAIT

Issue Info: 
  • Year: 

    2012
  • Volume: 

    18
  • Issue: 

    70-71
  • Pages: 

    5-10
Measures: 
  • Citations: 

    0
  • Views: 

    765
  • Downloads: 

    0
Abstract: 

Assuming political guardianship for jurisprudents, this article provides two jurisprudential solutions to resolve the conflict between religious authority and leadership in taqlid [imitation] arena. First solution which is based on reasoning through literal reasons in the field of taqlid and judgment by intellect and second solution which is based on reasoning through a rule in Islamic jurisprudence called "tazahom [conflict] and tarattob [succession] both conclude that whenever the most knowledgeable religious authority in not qualified for leadership while the one who is the leader is not the most knowledgeable, it is preferred to do taqlid of [imitate] the religious authority who is the leader.

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