صفحه اصلی|اخبار|درس خارج فقه نظام سیاسی اسلام|تماس با ما
منو اصلی
اوقات شرعی
ورود
نام کاربری :   
کلمه عبور :   
 
متن تصویر:
عضویت
چکیده انگلیسی
چکیده انگلیسی تاریخ ثبت : 2019/04/04
طبقه بندي : ,260,
عنوان : چکیده انگلیسی
مولف : <#f:72/>
دریافت فایلpdf : <#f:70/>
متن :
|205|

88

ISLAMIC GOVERNMENT

(Hokumat-e  Eslami)

Special  for Islamic Political Thought and Jurisprudence

Vol 23, No.2, Summer 1397/2018

 

Proprietor: the Secretariat of the Assembly of Experts (of the Leadership)

Managing Director: Sayyed Mahmoud Hāshemi Shāhroudi

Editor-in-chief: Sayyed Hāshem Huseini Bushehri

Deputy of the Editor-in-chief: Muhammad Ali Layali

Assistant Manager: Hadi Tohidi Rad

Editor: Hassan Beygi

 

Editorial Board (in Alphabetical Order):

Dr. Ahmad Beheshti (Professor at Tehran University)

Dr. Hassan Ruhani (Ph.D in Law)

Ayatollah Gholamreza Fayyazi (Full Seminary Professor of Philosophy)

Ayatollah Sadiq Amoli Larijani (High Academic Professor at the Seminary of Qom)

Ayatollah Misbah Yazdi (High Academic Professor of philosophy at the Seminary of Qom)

Ayatollah Muhammad Mu’men (High Academic Professor at the Seminary of Qom)

Ayatollah Muhammad Yazdi (High Academic Professor at the Seminary of Qom)

 

Associate Editors and Scientific Peer Reviewers (in Alphabetical Order):

Mahdi Abutālebi, Hussein Arjini, Mustafa Eskandari, Majid Talkhabi, Hussein Jawan Arasteh, Sayyed Hāshem Huseini Bushehri, Mohsen Razvani, Qasim Shaban Nia, Muhammad Ali Layali, Sayyed Abbas Musavian, Muhammad Jawad Nuruzi, Muhammad Jawād yavari.

 

Mailing Address:

Qom:P.O. Box 3317, Islamic Government Journal

Telefax: 37741325

home page: http://mag.rcipt.ir

e-mail: hokoomateslami@majleskhobregan.com

Price: 40000 Rials

 


|204|
ABSTRACTS

Trans. by Ahmad Rezā Jalili

Jurisprudential and Legal Analysis of the Foundations, Nature and Validity of Signing the Decree Formalizing the Election of the President with Emphasis on the Law-making Approach in the Constitution

 by Sayyed Muhammad Mahdi Ghamāmi and Kamāl Kadkhudā-murādi

 

Article 110 of the Iran’s Constitution, which is concerned with the functions and authorities of the leader, speaks of the decree formalizing the election of the President of the Islamic Republic by the people when being signed by the Leadership. The concept of ‘sign’ is referred to in legal terms as ‘ratification’. Though this term has not been used in the Constitution, the first article under the law of presidential election ratified on Tir 5, 1364 states that the President is elected for a four-year term by the direct vote of the people and starts to work when his authority is ratified by the Leadership. Therefore, the question of the article is that ‘What are the bases, nature and validity of the ratification of presidential election by the Leader with emphasis on the legislator’s approach to the Constitution?’ Through the study of the above question, and the use of descriptive-analytic method with emphasis on the jurisprudential bases and legal speculations as well as having recourse to the Islamic parliament’s negotiations over the final study of the Constitution, it is concluded that despite the fact that some consider ‘signing the decree formalizing the election of the President of the Republic by the people’ as an instance of formality, taking into account the implications of the bases of ShiÝi political thought in such a realm as the legitimacy of governmental positions, the right opinion signifies ‘the decree  formalizing the election of the President of the Republic’ to be one of ratification and formality so that the position of presidency, not being ratified by the Muslim jurisconsult (faqih), lacks the legal legitimacy and the elected person, as he or she is not legally entitled to take the position of presidency on the basis of shaiÝah criteria, is not, in fact, president. Furthermore, the decree formalizing the position of the President is dependent on certain conditions which, if they are not met in the long run, brings about a condition in which the position of presidency becomes legitimate.

Key words

ratification, decree formalizing the presidency, Islamic Republic of Iran, guardianship of the Muslim jurist.

 



|203|

An Analysis of the Necessity of enforcing the Religious laws and observing Religious Values by the Islamic Government

 by Sayyed Mujtabā Huesin-nedjād and Hamid Riḍā Muniri Hamzekulāī

 

Discussions about the government and the way in which it is obliged to enforce the laws and observe the religious values as well as the assessment of its conditions and principles can be taken to be among issues in political jurisprudence. This article aims to make an analysis of the subject in question in three areas: the relationship between the right of the Islamic government to interfere in making laws be enforced and to observe religious values along with people’s feeling of contentment in seeing the Islamic laws enforced; the conditions which oblige the government to enforce the injunctions for which religion has not assigned any form of punishment; and the explanation for the principles according to which the Islamic government is obliged to enforce the religious laws  for which no punishment has been assigned in religion.

     The findings of the writers are as follows: taking into account of the divine legitimacy of government as well as the life-style of the Prophet Muhammad and the Infallible Imams (peace be upon them) and that of religious men, the enforcement of the religious injunctions, whether those ones for which no punishment has been assigned in religion, or the injunctions for which no punishment has been assigned in religion, are not dependent on the satisfaction of the majority of people  from enforcing the Islamic injunctions.

     Those certain conditions which ensure the enforcement of the injunctions (judgements) for which religion has assigned no punishment are expressed into some statements as follows: injunctions are impersonal; actions may bring about social corruption; obligation is not concomitant with personal harm; obligation is correspondent to religious exigency; and correspondence between obligation and the  life story of the sane people. The bases on which the Islamic government is obliged to enforce religious injunctions for which religion has assigned no penalty in religion are as follows: the relationship between the government and the preservation of rites and rituals and contempt for sacred things,  enjoining the good and forbidding the evil and its relationship with the Islamic government, the overall aims and duties of the Islamic government, the responsibility for the enforcement of fixed penalties and punishments, the responsibility of the Islamic government in what it is called ‘benevolent action which requires a qualified religious jurist or his representative’ and applications of the arguments for social judgements.

Key words

religious laws, Islamic government, conditions of obligation, bases of obligation.



|202|

' Control over the Institutions Supervised by the Leadership in the Legal System of the Islamic Republic of Iran

 by Wali Rustami, Milad Quṭbi and Musṭafa Huḍuri

 

‘The institutions supervised by the Leadership’ are among the institutions about which there are some ambiguities in terms of legal condition, because there have been no clear definitions of the institutions working under the Leadership and in current laws they are mentioned as merely exceptions to the content of certain laws. It seems that they are intended by the legislator to be small executive institutions, which are of non-governmental nature. The main thesis of the present article is the issue of how these institutions have to be controlled. Treatment of this issue is necessary because many conceive them as institutions that evade being controlled. Others believe that control over them is in contradiction with the authorities of the qualified Muslim jurist. Therefore, the article seeks to cast light on the legal condition of these institutions drawing up the descriptive-analytic method in order to provide an answer to the question whether the institutions working under the Leadership submit themselves to control or not. The most important findings of this research paper are that the present different control systems are qualified enough to exert their control over the institutions working under the Leadership and this does not interfere with the authorities of the Leadership. It is worth noting the fact that even though on the whole no institutions have been made exception to the control mentioned above, in some instances the Leadership’s permission is considered necessary.

Key words

institutions working under the Leadership, the authority of qualified Muslim jurist, control, the Assembly of the Experts, control systems.




|201|
 

‘Great Holy War’ as the Conceptual Constituent ‘in the Foreign Political Discourse of the Grand Leader Ayatollah Khamenei

 by Alireḍā Saḥrāī

 

The analysis of the foreign policy is one of the most important research field in political sciences and international relations which is concerned with the behaviors and foreign orientations of states – as the most fundamental outcome of the foreign policy of each nation. In the Islamic Republic of Iran, the role of Leadership in foreign policy is significantly important. This article seeks to reinterpret the ‘Great Holy War’ as one essential strategy in the foreign policy of the Islamic Republic of Iran, as put by the Grand Leader Ayatollah Khamenei.  This is a discourse which has been of less importance in discussions raised so far. The main question in this research work is ‘why the Great Holy War was put forward in the realm of foreign policy and how it functions in the foreign policy as an entity. Our thesis has been formulated as the one that considers the Great Holy War as a strategy of Islamic Republic’s foreign policy. It is characterized firstly to be of discourse nature that guards against those discourse of influence and secondly to function as something that gives identity to the foreign policy of the Islamic Republic at the international level. The theoretical framework and approach taken to conduct the research is one of constructivist type along with emphasis on the identity aspect of the thesis in question.

Key words

Great Holy War, constructivism, foreign policy, the Grand Leadership, discourse identity.




|200|

Political philosophy and Development of Monotheistic Thought in Arts of Islamic Civilization

 by Mahdi Ṭāheri

 

The Muslim political philosophers’ systematic way of thinking makes them try to devise systems on a great scale in the area of software and to illustrate applied systems in the realm of civilizational hardware. The important point is that in Islamic political philosophy, social systems have systematic and cumulative relationship with each other so that any damage to any of these systems may bring about disorder in other systems thereby preventing one to achieve the goals. In this respect, in devising macro-systems and applied ones, considerable attention has been given to the combination of knowledge and insight in a unified rather than a concrete form. Accordingly, penetration into the minds of Muslim philosophers and thinkers of these macro-and-applied systems has been of close relationship with the foundations of Islamic thought, and monotheism plays a significant role in devising such systems. This article seeks to explain the nature of art in the realm of Islamic civilization based on texts in political philosophy as well as the capacity of art for developing monotheistic thought as the most fundamental value in political philosophy and in the realm of Islamic civilization.

Key words

Islamic political philosophy, monotheistic thought, Islamic civilization, nature of art.



|199|
 

Contemporary Political Needs and the Possibility of Graded Reinterpretation of Democracy

 by Qudratullāh Qurbānī

One of the most important contemporary political needs is presenting a successful, and, above all, more efficient and widely accepted theory of the state political paradigm in this modern era. In this connection, reinterpretation of democracy based on historical, cultural, religious, philosophical constituent elements of Islamic nations and their identity makes it possible for a Muslim to rethink and use the localized political system, which, at the same time, is of ideal characteristics of the world democracies. In this context, in addition to laying emphasis on the graded concept of democracy, and putting aside the negative elements of western democracy, one can develop their positive characteristics such as the maximal participation of people in governmental affairs, the possibility of levelling criticism against the government, developing freedom of expression, free elections and so on. In the meantime, in the democratic system in question, religious doctrines can be used as a basis or criterion for its value judgement. In this way, religion and its value doctrines, the content of democratic government, and the whole treasure of new human achievements can be used as a way to govern people. Therefore, through looking at Islamic doctrines as well as ShiÝi interpretation, among the most important characteristics of graded and redefined democracy, one can refer to people’s real participation in the process of political decision-making and the gradual disappearance of the gap between people and the ruling system and the equitable distribution of power among people of various classes.

Key words

democracy, political participation, freedom of expression, criticism of power, political system.




|198|

The political Thought of Sayyed Murtiḍā in His interaction with the Rule of the Buyids

 by Safurā Sālāriyyeh

 

With the rise of the Buyids in the 4th century, the way was paved for the political and cultural growth of ShiÝism. During their 113-year-old reign along with the establishment of their stretch of rule territory, the Buyid dynasty began to lay the foundations for the development of ShiÝi thought by such great thinkers and scholars as  ‘Sheikh Mufid’, ‘Sayyid RaÃi’, ‘Sayyid MurtiÃÁ’, ‘Sheykh Óūsi’ and the like.

     Regarding the ShiÝi faqihs (jurists) and thinkers and their interactions and co-operations with the rulers of the time there have been two views: some believe that they have had conditioned interactions with the rulers. Others are of the view that they have had no cooperation with them at all. Sayyid MurtiÃÁ can be ranked among the first group. He considered the cooperation permissible in cases where the fight against the ruler was impossible and where the cooperation with them could result in carrying out the divine injunctions and giving services to the ShiÝi people. From this perspective, his participation in the political, social, scientific and cultural activities in the light of cooperating and interacting with the rulers of the Buyids is justifiable. In other words, he did not take the authority of the Muslim jurist in carrying out the divine injunctions as something simple but he believed that it was graded, thereby the authority in question was to be applied in proportion to the existing chances and potentialities.

Key words

     Sayyid MurtiÃÁ, the Buyids, ruler, position of vice-chief, Court of Administrative Justice, commandership of the pilgrimage.

   


تعداد نمایش : 125 <<بازگشت
 

 فهرست مجلات فصلنامه حکومت اسلامی بصورت فایلهای PDF

 

 

 فهرست کتاب ها 

 

 

درس خارج
«فقه نظام سیاسی اسلام»
استاد: حضرت آیت‌الله محسن اراكی دام‌عزه

         کلیه حقوق برای مرکز تحقیقات علمی دبیرخانه خبرگان مجلس محفوظ است.

صفحه اصلی|اخبار|راهنمای تنظیم و ارسال مقالات|کتاب ها|فصلنامه|درباره ما