Imam Khomeini’s View Point about the Nature of Religious Rule

Subject Areas : All jurisprudential issues

Ahmadreza  Tavakoli ¹ (دانش آموخته دکتری رشته فقه و حقوق اسلامی، واحد علوم تحقیقات، دانشگاه آزاد اسلامی، تهران ، ایران)

Received: 2014-10-15 Accepted : 2014-10-15 Published : 2010-09-23

Keywords: Volition, Convention, creation, Fabrication&#x0D, &#x0D, (falsification), Rule,

Abstract :

Discussion about the nature of religious rule is from imaginarymanners of principles Knowledge . Differences of attitudesabout the nature of religious rule affect basic orientations indifferent discussions of principles Knowledge .There are tow important attitudes about rule definition amongprinciples scholars . Some believe rule is a falsified andconventional thing that does not have instance in the realworld and others believe it is a real and incipient thing . Ruledefinition according to principles scholars contain one ofintroductions and different stage of the rule including interestsand mischiefs , creation , volition , legality and accosting .In contrast to some scholars who consider religious rule as areal thing , Imam Khomeini considers rule as a conventionalthing and religious forgery that has just tow degrees ofcreation and reality . He has not accepted the definition of therule in terms of volition , interests and mischiefs and hebelieves these real thing are the introductions of the rule . Hehas refused the division of the volition within religious andincipient volition . He believes the volition of lawgiver aboutreligious things belongs to the fabrication of the law not todoing duty by obligated people . In this thesis , differentdefinitions of the rule and some famous attitudes about thenature of the creation and convention have been investigatedand the attitude of Imam Khomeini about religious rule hasbeen compared with other definitions .Four fold degrees of religious rule have been criticized andfinally , the results of the discussion have been offered .