https://mag.rcipt.ir/ Islamic Government en daily 1 Sun, 09 Feb 2020 00:00:00 +0330 Sun, 09 Feb 2020 00:00:00 +0330 https://mag.rcipt.ir/article_102747.html Abstract The right to development and sustainable development, including the human rights of the third generation, has been considered in the light of various international legal instruments. The Sustainable Development Document 2030 and its complementary documents, including the 2030 UNESCO Training Document, are among the most recent international developmental documents that, in addition to identifying regional and global (15 year) regional and global objectives for the achievement of The highest level of development in countries has also depicted the strategies and tactics of such a process. Given challenging issues such as comprehensive gender education, elimination of violence, elimination of gender stereotypes, special attention to the rights of vulnerable groups, etc., which are defined in the text of the 2030 document as components of community development assessment It should answer the question that the globalism governing sustainable development is to a large extent affected by cultural diversity. In this context, the status of the achievement of sustainable development in dissent countries such as the Islamic Republic, which moves in the Western philosophical-legal thinking paradigm Do not do; how is it The research method in this article is descriptive-analytical. https://mag.rcipt.ir/article_102748.html In order to infer religious rules, especially in this era, which faces particular complexities and issues, the jurisprudent needs a set of rules to help them inference and to put them as a benchmark and a measure of their fatality. One of those rules is the rule of social justice. Social justice is the most important indicator of human life and its establishment is one of the main goals of Islam. The righteousness of the Holy Qur'an and numerous narratives have been introduced as the purpose and purpose of religion and prophets. In this article, we will examine the concept and nature of social justice as a legal rule, which the jurisprudent does not need to interpret in the religious law. It has been argued that the faghi, as a first judgment, can use this rule to prove or negate the verdict, and also as a secondary decree to assess the authenticity of his inference, which in this case will govern the other. To prove this rule, we will cite for some reason, including the book, tradition, consensus, and reason. Rule - Justice - Social - Social Justice - Jurisprudence https://mag.rcipt.ir/article_102751.html هر جامعه‌ای جهت رسیدن به اهداف غائی خود نیازمند استقلال سیاسی، فرهنگی و اقتصادی است . از سویی دیگر از جمله عوامل تحقق استقلال کشور، خودکفایی در رفع نیازهای اولیه مردم است . بر این اساس ملاحظه می‌گردد بعد از انقلاب اسلامی ایران مسؤولین نظام خصوصا رهبر کبیر انقلاب امام خمینی (رحمه الله علیه) و در ادامه مقام معظم رهبری حضرت آیت الله خامنه-ای (حفظه الله) بیشترین تأکید را بر مسئله خودکفایی در مسائل اقتصادی و فرهنگی داشته‌اند. در سال‌های اخیر نیز تأکیدات و تلاش‌های زیادی در حمایت از تولیدات داخلی، در راستای تحقق استقلال کشور شده است. پژوهش حاضر نیز در راستای تحقق استقلال سیاسی، فرهنگی و اقتصادی، مبانی فقهی حمایت از تولیدات ایرانی (داخلی) را مورد تجزیه و تحلیل قرار داده و براساس قواعد فقهی نفی سبیل، حفظ نظام اجتماعی، تعاون، لاضرر و حکم حکومتی، نظریه وجوب حمایت و استفاده از کالای ایرانی (داخلی) را مطرح نموده است . https://mag.rcipt.ir/article_232700.html Jurisprudence of governance, as far as its govermental aspects is concerned, represents an evolutionary stage in this field of study. It not only addresses contemporary needs but also considers the optimal administration of the Law-based (shariʽa) system of society at a macro-social level. This field is the product of the evolution and development of the science of the principles of jurisprudence, shaped on the basis of new exigencies, contemporary needs, and issues arising from the capacity of governance. Understanding approaches – based on the views of legal or rational theoreticians – to the issue at hand is of significant importance in comprehending the rationale and manner of the emergence of minimal or maximal functions of the science of the Principles of jurisprudence. Through the analysis of such an approach, it becomes possible to identify existing gaps and realise the potential of macro jurisprudence. Therefore, in this research work, a descriptive-analytical method is used to explain the approaches based on the Principles and characteristics governing the Principles of jurisprudence of governance. Ultimately, it can be said that the realisation of such an approach in the science of Principles depends on factors such as prioritising the macro interests of the system and society over individual interests, creating systematic and coordinated thinking in the field of jurisprudence and its principles, increasing the capabilities and efficiency of jurisprudence in responding to social issues, and transforming it into a practical and executive system at the level of management and administration of Islamic society. https://mag.rcipt.ir/article_232701.html  Islamic jurisprudence and Iranian positive law provide the possibility for everyone to take benefit from origial permissibilities – rights or properties belonging to no paticular person, and the right to benefit from these rights or properties – under titles such as reviving barren lands and assuming possession of unclaimed property has been considered. Qur’anic verses, traditions and narrations, and related jurisprudential sources regarding this public right indicate complete freedom in exploiting these resources. There is even this presumption that no natural or legal person can or should prevent the exploitation of original permissibilities. The main question of this article is whether governmental institutions and state bodies have the right to create restrictions on people's access to these resources and the enjoyment of their benefits or not? In the present research, using library studies and drawing upon an analytical-descriptive approach, while accepting the totality of the government's authority in order to establish a balance in the enjoyment of the general public and the realisation of social justice, the arguments presented for the full authority of the government in limiting, and in a sense, prohibiting people's access to original permissiblities, were deemed insufficient. As a result, we have come to the conclusion that it is necessary to suffice with the absolute minimum in governmental interventions in order for everyone to benefit from the original permissiblities and to return to the famous verdict (fatwa) of jurists for the possibility of people's fair enjoyment in order to achieve the necessities of life, which is in line with the purpose of creating natural resources. https://mag.rcipt.ir/article_232703.html The challenge of the nation-state system with the Imamate-Ummah system in the Islamic Republic of Iran originates from the formation of political societies influenced by various prevailing conditions. Consequently, the defining elements of a political society differ across various societies. Following the Westphalian era and the rise of the dominant hegemony of political schools, Western states presented the nation-state model as the desired paradigm for the political structure of countries. With the advent of the Islamic Revolution of Iran, based on intellectual foundations derived from revealed teachings (contrary to the prevailing ideologies of the modern world), a new model of political systems emerged, tied to the general norms of society on the one hand, and to the innate values accepted by human beings on the other. The “Imamate-Ummah” model, with new revealed and rational components, and in deep connection with the masses, considers its ultimate goal to be social human development on the one hand, and the formation of a new Islamic civilization on the other. Due to the differences between these two models, this article aims to analyze some of the challenges of these two systems in practice drawing upon an analytical-descriptive method. https://mag.rcipt.ir/article_232706.html One of the important duties of the Islamic State is to revive religious values ​​in society. This requires the Islamic State to pay special attention to the issue of lifestyle and institutionalise desirable values, norms and behavioural patterns in society. Today, addressing the issue of lifestyle and individual and social behaviour patterns has become doubly important because the developments of the modern age have presented various styles to contemporary man, and this variety of patterns has made it difficult to choose a desirable style in everyday life. In the statements of Ayatullah Khamenei (may his shadow endure), the religious lifestyle is mentioned as the most important indicator of the cultural and civilisational identity of the Islamic society and the source of their righteousness and salvation, and the necessity of the Islamic State’s attention to this important issue has been emphasised. The present article, drawing upon a descriptive-analytical method, through exploration in the written (as well as spoken) documents of Imam Khāmenei (may his shadow endure), examines the mission of the Islamic State in promoting the Islamic lifestyle and its requirements. Based on the research findings, the role of the Islamic State in reforming public attitudes and social norms, paying attention to the cultural and civilisational authenticity of the Islamic society, confronting the patterns and symbols of Western material culture, the Islamic conduct of rulers and government agents are among the most important requirements of the government in institutionalising the Islamic lifestyle. https://mag.rcipt.ir/article_232707.html Various perspectives have been put forth regarding the nature of the Islamic Revolution, which have been critically assessed and evaluated argumentatively by contemporary political philosophers. Evaluating these perspectives and providing an argumentative explanation of the chosen viewpoint, based on the principles of political philosophy, paves the ground for framing a general model of the Islamic Revolution, irrespective of temporal and spatial dimensions. The present research seeks to answer the fundamental question: “What is the assessment of contemporary political philosophers regarding the existing viewpoints on the nature of the Islamic Revolution?” To answer the main question of the article, the method of argumentative content analysis has been used, and within its framework, four main perspectives on the nature of the Islamic Revolution have been analysed: The Islamic Revolution of Iran has been analysed from various perspectives: The first perspective considers it to have an economic and class-based nature, and the result of the struggle of the deprived against the capitalists. The second perspective considers the nature of the Revolution to be political and freedom-seeking. The third perspective considers the Revolution to be purely spiritual and value-based. The fourth perspective, emphasising the Islamic nature of the Revolution, introduces it as originating from the innate nature (fiṭra), based on religious teachings, and comprehensive in material and spiritual dimensions; this view is endorsed by Muslim philosophers and is established as the superior theory by analysing the civilisational origins, goals, and leadership of the Revolution.  https://mag.rcipt.ir/article_232708.html Accepting the premise that humans are social beings, adherence to laws to regulate social relations, and consequently, limiting individual will, is essential. In the present study, this is termed self-organisation, which means regulating social relations by restricting individual will and adhering to divine laws in a religious order and the social contract in a secular order. The fundamental question of the present research is what role power, as an influential variable in the religious, political, and legal arenas, plays in the issue of human self-organisation in determining their destiny. The research proposes the hypothesis that power is an organising force and a means to achieve self-organisation, and that the people of a country, with its assistance, can organise their destiny within the framework of God’s will, just as in a secular order these laws are defined within the framework of a social contract. The result of this research is that self-organisation prevents the concentration of power, its abuse, and tyranny, and the lack of power leads to chaos and inability to enforce laws. https://mag.rcipt.ir/article_232710.html In the intellectual system of the revered Martyr Muṭahhari, theological schools (seminaries) are among the most important components in realising cultural security. Despite the close relationship between cultural security and theological schools, this research seeks to examine the role of theological schools in realising cultural security in the thought of Martyr Muṭahhari. To this end, this paper attempts to investigate the causal conditions, contextual conditions, and strategies for utilising the role of theological schools in realising cultural security, while explaining the derivatives of security and the key components of security in the thought of the revered Martyr Muṭahhari, through the systemic analysis method. Subsequently, the consequences of realising cultural security through theological schools are elucidated. Accordingly, the causal conditions for the role of theological schools in realising cultural security include: efforts to eliminate threats in the areas of beliefs, ethical tendencies, and conducts. The contextual conditions for the role of theological schools in realising cultural security include: the formation and organisation of idea-generating (discourse-making) groups for cultural security. The strategies for strengthening cultural security through the role of theological schools include: transformation in the comprehensive plan of theological schools in cultural security. Finally, the consequences of strengthening cultural security through the role of theological schools include: the practical realisation of the comprehensiveness of religion and movement towards the perfect human being.