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عضویت
چکیده انگلیسی
چکیده انگلیسی تاریخ ثبت : 1390/11/18
طبقه بندي : فصلنامه حکومت اسلامی شماره21 ,
عنوان : چکیده انگلیسی
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Abstracts
Trans. by Ahmad Reza Jalili and Sayyed `Abbas Huseyni
The Grand Leader's Valuable Words to the Experts Essembly

In Shahriwar 15, 1380, the Experts Essembly ended its sixth session, which
was attended by the grand leader, ayatollah Khamanie, who, explaining in his
speech the unique character of Islamic system and  the objectives against
which enemies devise, he pointed to the remarkable role of the officials and
religious scholars of the centres of Islamic education (Hawaza Ilmiyah) the
tremendous and exceptional popular support, and the role of the multitudes
of the powerful, efficient, sincere and devout youth as the heralds of the
glorious future of the Islamic system and of the nation.
The article includes the grand leader's speech in full.

The Constitution, Responsibility of Execution and Disintegration of the
Powers (part 2)

The last part of the panel discussion, the first part of which came out in
the previous issue, expounds on the presidents role in executing the
Constitution and its relation with disintegration of the powers. Among the
knowledgeable figures and jurisprudents who took part in the discussion were
Dr.Sayyed Muhammad Hashimi, Dr. Hussayn Mihr pour and Ayatollah Ali
Abbas Amid Zanjani.
The discussion in part 1 was on some issues like how to compromise
 

 


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 between the responsibility of executing the laws in the Constitution and the
disintegration of the powers, the responsibility of execution with regard to
the predominant spirit of the Constitution, how the Guardians' Council
interpret it, what its historical background is, the legal position of
the committee which follows up the execution of the Constitution, and
the high constitution law court.

Religious Government; Questions and Anwers (part 1)
Ayatollah Abdullah Jawadi Amuli
Reported by Muhammad Kazim Taqawi

To continue his highlevel lectures on unlawful earnings (makasib
muharramah) given last year, Ayatollah Jawadi Amuli, in his prelude for the
jurisprudential disscussion on the guardianship of an unjust ruler and on the
cooperation with an unjust government, reviewed the main questions in the
domain of religious government, which represent the prerequisite for the
discussion, and elaborated on a number of issues that came under the title
of "the principles  of religious government". These issues were raised in the
class in the form of questions on which the scholar expounded during the
formal sessions.
The present article is an account of the questions and answers mentioned
above revolving around such points like, multiplicity of religious
perceptions,formal interpretation of religious issues, secularism,
traditional view of religion, the relationship between religion and
jurisprudence, the comprehensiveness of Islam, human rights, liberty
and so on.

Sovereignty Foundations in the Constitution
Hussein Javan Arsteh

This article is concerned with the foundations of "national sovereignty" and
"religious sovereignty" in the Contitution of Islamic Republic of Iran and
the relationship between the two.
 

 


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 In his discussion of the foundations of sovereignty, the writer focuses on
three things:
1. Legal investigation
2. Aspects and grounds
3. Jurisprudential foundations
In the first, he refers to the absolute sovereinty of God and the relative
national sovereignty to develop his discussion on what, in the view of the
Experts (Khobrigan) of the Constitution, "national sovereignty" and "genetic"
and "normative sovereignty are". In the second, he divides national
sovereignty in the Constitution into: the establishment of government, how to
govern and the grounds for governing introducing patterns of rules. In the
third, the writer refers to a number of arguments for the foundations of
sovereignty such as reason, lifestyle of the sane, allegiance, Qur'anic verses
and the traditions about counselling.
Part 2 considers people, Islam and leadership as the three basic elements
of the Islamic Republic and discusses the "existential philosophy of the
Assembly of Experts" and "the question of guardianship and leadership in the
Constitution".
The writer in the last part of his discussion deals with the relationship
between national sovereignty and religious sovereignty insofar as legislature
and leadership are concerned.

Abul Salah Halabis Political Thoughts
Mustafa Ja`far Pishe fard

One of the researches recently conducted by the scientific research centre
of the Assembly of Experts secretariat is on the historical background of the
principle of religious guardianship (Wilayat Faqih) from the jurisprudential
view of Shi`ism. The researcher divides the history of Shi`ite jurisprudence
into nine stages, and part of the second stage, which extends from the
commencement of the occultation (ghaybat) till the end of Sheikh Tusi's life,
expounds on the views of Abul Salah Halabi, one of the most distinguished
jurisprudents with reference to "AlKafi".
 

 


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 Early after the commencement of the occultation, Abul Salah Halabi
made his study of the subject of religious guardianship in one separate
chapter. The political views of this scholar and jurisprudent are represented
in his workse.g. "Sultan alIslam", "Tanfith alAhkam", "Huquq alAmwal",
"alAnfal"and others They manifest his ideas of the basic laws and
government formation in the period of the major occultation. This point has
been elaborated on in three reports. The final part reviews Abul Salah
Halabi's views of the conditions of and the evidences for religious
guardianship.

The Basis of Freedom and Man's Liberality from Imam Ali's Viewpoint
Ali Akbar Alikhani

The enemies and opponents of Imam Ali (upon him be peace) were not
deprived of the freedom in its broad sense, which was one of the features of
Imam Ali's government. This attitude of Imam Ali's about freedom
represents his conception of man, power and government.
The article expounds on Imam Ali's opinions which contributed to the
broad sense of individuals' social and political freedom.
Based on the practical lifestyle and the sayings of Imam Ali, the
discussion comprises five sections on such issues as "the free will and the
right of mankind", "freedom and man's inherent liberality", "man's freedom
in terms of inner desires", "man's aim of freedom", and "man's freedom in
to live".

Maintaining the Regime (part 2)
Muhammad Hussein Mahwari

In discussing the distinction between "maintaining regime" and
"maintaining govrenment", the writer holds that maintaining government
takes no precedence over Islamic commandments. In addition to the
evidences introduced in the first part to prove that it is unlawful to reject
 

 


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 the divine commandments under the pretext of maintaining government, he
refers to various examples about the infallibles' entire refusal of any
transgression of Divine Law.
Basing his argument on the Shi`ite jurisprudents' statements on the
subject in question, the writer tries to answer the critical remarks which
might be raised against this view and brings the problem of "maintaing the
sacramentality of Islam and Islamic government" to the fore to justify his
own position. In his view, maintaining government by fair means or foul,
which is not consistent with the divine Law, creates at least in most,
if not all, cases an atmosphere of menace to the prestige of Islamic
government.

Shiite Thought and Political Jurisprudence Sources in the Safawid Period
Rasul Ja`farian

A review of kharaj (land revenue) treatises
First of all, the writer sheds light on the status of Imamate in theology and
jurisprudence with regard to political jurisprudence  such as Islamic
punishment limits (hudud), compensations (diyat), Friday congregational
prayers, the history of Shi`ite religious scholars and jurisprudents' attitudes
towards the precepts of the nonShi`ite, which he considers to be the sources
for delving into the Shi`ite thought and political jurisprudence.
He then moves to introduce a number of kharaj treatises containing some
of the views of Shi`ite jurisprudents of government and politics which are as
follows:
1. The Kurki's kharaj treatise entitled "Qati`at  alLijaj fi Tahqiq Hal
al_Kharaj". Kurki, the scholar and researcher played a major role in the field
of religious politics during the first decade of the Safawid period. In his
treatise he sees out that kharaj is lawful.
2. Sheikh Ibrahim Qatifi's kharaj treatise which regards kharaj unlawful.
3. Muqadas Ardabil's kharaj treatise which regards kharaj unlawful.
4. Shaybani's kharaj  treatise which is a response to Muqadas Ardabil's
treatise.
 

 


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Sheikh Ali Naqi Kamrai's Political Ideas
Ali Khaliqi

One of the most important questions which the Shi`it religious scholars in
the Safawid era studied profoundly was how it was possible for the Shi`it
ideology to cope with the circumstances of that time and to come to
agreement about the policy of the government. Shi`it scholars offer different
answers to this question; a group of scholars including Ali Naqi Kamrai
distinguish between two kinds of rulers, just and unjust, and they rule that
because a just ruler is recognized as being legally accepted, it is legally
permissible for religious scholars to co_operate with him. Accordingly, a
number of scholars did have governmental posts particulary in judiciary.
Sheiekh Kamra'i used to address his contemporary rulers through the
letters he wrote to them inteding to guide them to follow a conventional
policy.
The   present article seeks to review Kamrai's attitudes towards the question
mentioned above.
The writer first deals with some topics like "the concept of politics",
"religion and politics", "the necessity of politics and government", and
"right politics and government" which are found in the late Kamrai's works.
Then, in his detailed review, the writer sheds light on the rights and the
duties     of wellqualified jurisprudents and those of ruler in the light of
Sheikh Kamrai's thoughts.

The Relationship between Religion and This World
Muhammad Ali Islaminasab

At the beginning of his article, the writer mentions the reasons of the
difficulty of defining religion; then he recounts the following five
principles: 1) The   necessity of studying religion as it is seen from  within
and from without.
2) The essence of religion as a guide for man toward true perfection.
3) The effects of man's mental and practical states on getting nearer to or
farther from perfection.
 

 


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 4) Religion as the only guide to man's exemplifications of perfection or
wickedness.
5) Every mantal activtiy and every practice in Islam is based on a religious
decree.
Having defined religion as "a divinelydefined guidance that directs man in all
aspects of life, including his beliefs and practices so that man can
attain true perfection which were made known by the Prophet, the writer
refers to six current theories on "the relationship between religion and
this world",
approving the kind of relationship which takes into account the five
atorementioned principles. Furthermore, he considers that religion is a
necessity in this world for orientating man's worldly affairs, and that
religion's notable role is distinguished wherever man is concerned with
the worldly affairs.

Moderate Line in Constitutional Movement in Iran
Sayyed Muhammad Thaqafi

Though the article, "The Moderate Line in the Constitutional Movement"
came out in the previous issue and was referred to in the abstracts section,
some sections of it which were of special importance did not appear. It was
something accidental  the typed materials were in two separate files. The
last part of the article is, therefore, appears in this issue. It reviews
some questions like Naini and Talbuf's common demands, liberty and law in
the constitutional movement, and the distinction between Naini and Talibuf's
thoughts.

A Critique of the Article "The Moderate Line in the Constitutional
Movement in Iran"
Taqi Sufi Niaraki

In the present issue, the readers find the rest of the article entitled
"The Moderate Line in the Constitutional Movement in Iran" which appeared in
 

 


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 the previous issue.
The current view is a critique of the aforementioned article which the
critic thinks can be studied and criticized from several different angles.
Taking into consideration Talbuf's life, works, thoughts and conduct which
come under such rubrics as "Westernorientations in Talbuf's works",
"religious scholars' condemnation of his book", "conservative positivism",
"separation ofreligious and political realms","modern Islamism", "deism in
eighteenthcentury", the critic wonders how Talbuf can be given high position
which `Allameh Na'ini deserves and how he can be placed at the summit of
peopel's leadership.

Articles on Islamic Thought and Political Jurisprudence, Summer, 1380
Ibrahim Amiri

Reviewing the Persian and Arabic press and publications published in
summer 1380, the writer has compiled 245 topics on Islamic thought and
political jurisprudence and classified them into four categories: 1. "religion
and its relation with politics", 2. "religious society and civic society",
3. "religions government" and 4. "government and Muslim scholars".
The criterion for selecting the articles of all the materials is, more or less'
the relevence of the subject to the article.
 

 

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