نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشیار فقه و مبانی حقوق اسلامی دانشگاه امام صادق (ع)
2 استادیار، دکتری علوم سیاسی دانشگاه شاهد
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
In the Islamic political system, the strategy of governmental verdicts works as a proper mechanism for managing the society based on new requirements in the framework of Islamic rules. As the designer of Guardianship of the Islamic Jurist (Wilayah al-Faqih) as a governance theory and as the founder of the Islamic Republic of Iran, Imam Khomeini, alongside dealing with the theoretical and jurisprudential aspects of governmental verdicts, adhered to such verdicts as tools for exiting dead-end situations. Due to failures in comprehending the logic of Imam Khomeini’s thoughts in issuing governmental verdicts, some religious and political groups criticized his political viewpoint and behavior. In this line, this paper aims at disambiguating the nature and mechanism of deducting governmental rules from Imam Khomeini’s viewpoint. To this end, using the qualitative approach and the descriptive-analytical research method, this paper is to answer a fundamental question: “Based on Imam Khomeini’s jurisprudential viewpoint, what is the nature and mechanism of issuing governmental verdicts in the procedure of Islamic governance?”. The findings show that there are two types of governmental verdicts in Imam Khomeini’s viewpoint, namely constant and variable. Thereupon, the authors propose mechanisms for categorizing every verdict in either of these two types. In Imam Khomeini’s thinking, the legal fundamentals of deduction are constant. However, they vary through the time in accordance with public expediency. For those cases wherein there are skeptics between constant and variable verdicts, Imam Khomeini has explained the pragmatic principle requirements.
کلیدواژهها [English]
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