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چکیده انگلیسی
چکیده انگلیسی تاریخ ثبت : 1390/11/24
طبقه بندي : فصلنامه حکومت اسلامی شماره41 ,
عنوان : چکیده انگلیسی
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ABSTRACTS

Trans. by Ahmad Reza Jalili and Sayyed `Abbؤs Huseyni

The Assembly of Experts from a Legislative Viowpoint

Muhammad Kazim Taqawi

The question of the conditions, duties and responsibilities of the extremely well
qualified faqih in the Islamic Government of Iran is of special importance, and due to
the great importance of the station of the ruling jurisprudent this question was
discussed thoroughly both while writing the Constitution of the Islamic Republic of
Iran and while the Constitution was being revised.

The Assembly of Experts has a very heavy responsibility, and that is recognizing the
person who enjoys all the qualifications required for being the leader of the Islamic
Republic, in addition to the selection of the leader.

The present article includes an account about the views of the representatives of
the Assembly concerning the final examination made by the Council for reviewing
theConstitution.

 

The Grand Leader's Speech during the Visit of the Members of the Assembly of Experts

Shahriwar 9th, 1385

Referring to the high status of the Assembly of experts, the Grand Leader of the
Revolution, Ayatollah Khamenei, considered during this visit the Assembly as a real
backing for the spiritual reservoir of the Islamic system of government which has to be
in a state of readiness when the need arises or when the nation is in crisis.

The Grand Leader considered the Assembly of Experts' gaining people's
confidence and general acceptance and its members' scientific political and social

 

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status among the main features of this important institution.

Later in his speech, Ayatollah Khamenei pointed to the general condition of the
country and soid that it is improving. Also, he expressed his worries about the attempts
of discrediting people which usually occur during the elections, stating that it has
neither legitimate logic nor rational logic.

 

The Conditions, Duties and Powers (authority) of The Assembly of Experts

(an interview with Ayatollah Jannati)

Ayatollah Jannati is one of the members of the Assembly of Experts. He has had
this position for the last three terms. He is also one of the ancient members of the
Council of Guardians. According to the Constitution of the Islamic Republic of Iran,
the Council of Guardians has the responsibility of prescribing the conditions of the
first term of the Assembly of Experts as well as the interior by-law of the Assembly of
Experts. Therefore, the Council of Guardians is regarded the authority which
determines the eligibility of the candidates of the Council of Guardians.

In order to have a clear idea about the ``eligibility of the candidates for the
Assembly of Experts'', the legal procedure of identifying the eligibility of the
candidates and ``the duties and powers of the Assembly of Experts'', we interviewed
Ayatollah Jannati who elaborated on the mentioned points.

 

The Commission of the Principles 107 and 109, Duties and Jurisdiction

(an interview with Ayatollah Moqtada'i)

Ayatolloh Sheikh Mortada Moqtada'i is a member of the Assembly of Exerts and
and the second deputy-head of the Comission of the principles 107 and 109 of this
Assembly. This Commission is one of the institutions setup by the Assembly of Experts
which plays an active role especially in defining the characteristics of supreme leader
and supervising the continuation of the required qualifications of leader.
The main questions in this discussion are the way of putting these principles in
practice, the method of having good and accurate knowledge of the qualities suited to
leader and the legal principles of supervision.

 

The Assembly of Experts and the Way of Supervising the Supreme Leader's Performance

(an interview with Ayatollah Yazdi)

In a scietific interview with Ayatollah sheikh Muhammad Yazid, a member of the
three successive terms of the Assembly of Experts and the head of investigation

 

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comission, a number of questions were raised such as supervising the supreme leader's
performance and the continuation of the required qualificatiions of leader, the type of
this supervision, the Experts and interpellating the leader, the leader and dissolution of
the Assembly of Experts, and the conditions of the investigation commission and
Ayatollah Yazdi elaborated on them. Owing to the responsibility he has in this
comission and his wide acquaintance with relevent different affairs, his observations
and explanations enjoy special importance.

The Supervision of the Assembly of Experts

by Tawhid Moharrami

Governors' supervision and thir accountability to people's rightful demands
contribute to the soundness, constancy and stability of a governors' rule. Accordingly,
the Islamic Republic Government pays special attention to the principle of outward
and inward supervision.

The legal supervision of the Assembly of Experts is one of the effective kinds of
outward supervision.

This article assumes that the absence of supervising a ruler's performance can
result in the ruler and society's corruption and that inward supervision is necessary
although it is not enough and the systematic (institutionalized) observance over a
ruler's performance plays an essential role.

The writer reviews the theoretical principles of the point in question and then
moves to address a number of subjects like: authority and responsibility, the
foundation of the Assembly of Experts, inquiry committee of the Assembly of Experts,
the conditions of membership of this committee and its duties. Then he discusses the
development of the suggestion proposed in the Council for Reviewing the Constitution
concerning the principle of the Experts' supervision over ``good performance of the
superme leader'', the views of the opponents and supporters of this principle and the
final decision taken in this regard.

The aim of the writer in this research is to establish the idea that legal recognition
of the principle of supervision does not necessarily contribute to a sort of interference
with or confusion of the supreme leader's affairs; rather it - legal recognition -
represents a precautionary action intended to broaden an atmosphere of confidence
and assurance and to prevent any possible danger or problems.

 

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The Assembly of Experts and Selecting the Supreme Leader of the Revolution

(an interview with Ayatollah Hashimi Rafsanjani)

The present interview includes answers to the questions about the issue of selecting
the supreme leader by the Assembly of Experts in its first term. Ayatollah Hashimi
Rafsanjani, the deputy-head of the Assembly of Experts elaborates on this topic,
casting light on such issues like the social and political situation following Imam
Khomeini's departure; the scientific, social and political characteristics which the
leader enjoys; the extent of influence of Imam Khomeini's observations concering the
qualifications (eligibility) of the Grand leader, Ayatollah Khamenei, the role of
political groups and the competitive efforts made by various political trends to select
the members of the Assembly of Experts.

This scientific interview was coducted in the presence of a number of authorities,
researchers and Islamic scholars like Muhammad Sorush, Seyyed Mas'ud Ma`sumi and
Dr.`Abbas Kadkhoda'i. We would like to express our gratitude to Ayatollah Rafsanjani
and invite the readers to go over the detailed account of the interview.

 

The Urgent Session of the Assembly of Experts and Selection of the Supreme Leader of the Revolution

(an interview with Ayatollah Amini)

The urgent meeting held by the Assembly of Experts in its first term following the
departure of Imam Khomeini, the founder of the Islamic Republic of Iran, in 1368 H.A
is considered the most important session in comparison with all the sessions held over
the three terms of the Assembly of Experts.

The particularly important decision taken by the Assembly of Experts in the
mentioned session was seleting Ayatollah Khamenei as a supreme leader of
the Revolution.

Because the discussions of that session were confidential and no information has
been published ever since about this issue, this journal introduces to the readers the
interview with Ayatollah Amini, the deputy-head of the Assembly of Experts, with the
aim of shedding light on the process of selecting Ayatollah Khamenei as the supreme
leader of the Islamic Revolution.

Ayatollah Amini introduced ``a brief account of the proceedings of the urgent
session'' and pointed to ``the procedure of making a decision on Ayatollah Khamenei's
competence as an extremely well-qualified leader.''He also answered the questions
raised about the A`lamiyah (the state of being most knowledgeable) and about

 

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Marjai`yah (religious authority) which was included in the Constitution of the Islamic
Republic of Iran before it was reviewed.

 

The Islamic Republic and the Assembly of Experts

(part two)

(a written account of a dialogue between Sharifi and Qadi Zadeh)

The previous issue of this journal included a written account of the dialogue
between two researchers who discussed the question of a ssociation between
republicanism and Islamism in the Islamic Republic system. In this issue, the readers
are introduced to the opinions they show about the ``Assembly of Experts, its position
and the criterion of its legality''. The present dialogue addreses the role of people in
this regard and compares between elected experts and non-elected experts.

We would like to thank Mr. Ahmmad Husayn Sharifi and Kazim Qadi Zadeh in
this issue, too, and invite those who are interested to read the written account of
thisdialogue.

 

A Critique of ``The Theories of Government in Shi`i Jurisprudence''

Hamza Ali Wahidi manish

Although the book «The Theories of Government in Shi`i Jurisprudence‎» by Mr.
Muhsin Kadiwar was formulated and presented many years ago, it is still subject to the
criticism of scholars and authorities.

This critique points out to the author's positive views in the mentioned book as well
as the negative ideas which are worth commenting on and criticizing. The critic
comments on the author's claim that his book is intended to strengthen the foundation
of the Islamic Republic, and observes that the book does not follow the course that it
ought to follow because it ignores the common view of the faqihs concerning the
question of the guardiansnip of the ruling jurisprudent(wilayat-efaqih). Furthermore,
the author of the book exagerates when he points to the differences between the faqihs
in an attempt to achieve his own purpose and to imply that the question of the
guardianship of the jurist is subject to a wide divergence of opinion, ignoring the fact
that a large number of Shi'i fiqhis advocate this question.

 

The Assembly of Experts in the Press of the Islamic Republic of Iran

by Ibrahim Amiri

Owing to the special significance and important position of the Assembly of

 

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Experts, it has been a source of interest to many thinkers and writers and a A lot of
materials have been recently published about it in the press of the Islamic Republic
of Iran.

Readers will find in this issue a list of these materials under six headings which are
as follows:

1. General issues.

2. Special significance and important position of the Assembly of Experts.

3. The Asembly of Experts' jurisdiction and duties.

4. The Assembly of Experts' activities and approved laws.

5. The characteristics and qualifications of the members of the Assembly of
Experts.

6. And the election of the members of the Assembly of Experts.

 

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