• List of Articles Guardianship

      • Open Access Article

        1 - Theological foundations for the theory of guardianship of the jurist
         
        According to the theological arguments, guardianship and authority in its origin belongs to Allah SWT. He is the creator, the Lord, the Guardian of the whole existence. Therefor authority or guardianship of anyone else is illicit, unless the one that is permitted by Him More
        According to the theological arguments, guardianship and authority in its origin belongs to Allah SWT. He is the creator, the Lord, the Guardian of the whole existence. Therefor authority or guardianship of anyone else is illicit, unless the one that is permitted by Him. Having authority over others without His permission is regarded to be unacceptable, false, oppression and transgressing other people’s rights. This guardianship of Allah SWT is manifested as a divine Grace by sending of the prophets and is maintained by the infallible Imams. Since divine Grace is one of the attributes of Allah SWT and His attributes are not subject to alteration, this wise Grace is to be constant at the time of occultation as well. Here the necessity of the guardianship of the jurists as the closest people to the attributes of the infallible Imams and the most trustworthy one’s to handle the tempting position of leadership, in order to protect and continue the course of Imamate and guidance, is comprehended. This also seems to be a necessary Grace from Allah SWT. Manuscript profile
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        2 - Guardianship and its relation to prophecy and mission in mysticism
        Mohammad Ebrahim  Zarrabiha
        The truth of the governorship is that it is a divine word. Its principle is constant in the heavens. "Governorship" has its own levels and steps, its laws and its provisions are numerous based on its dimensions. Guardianship is one of the most important issues of mystic More
        The truth of the governorship is that it is a divine word. Its principle is constant in the heavens. "Governorship" has its own levels and steps, its laws and its provisions are numerous based on its dimensions. Guardianship is one of the most important issues of mysticism which realizes in perfect human. This world is the same as the appearance of God, and the Lord is present in his own manifestation. Therefore, human as a part of this world is the manifestation of God. Here, the concept of guardianship is meaningful. The perfect guardian is who has all the attributes of God, and this person is no other than the true prophet. The system of the world and the afterworld depends on the existence of the Muhammadiyah truth. Such a truth is the lord of all manifestations due to the credit of Guardianship principle. The truth of Muhammadiyah is the main pole of the universe, which all Prophets and Divine Guardians are the ranks of this great name. His prophecy includes all kinds of absence and intuition, and when it is realized in a person, it is divided into a special and popular guardianship. The special guardianship is the source of prophecy, and as one of the divine names is eternal, but prophecy ends over time. Perfect Guardian rule the world based on divine attributes. Therefore, the Guardianship position is the Great Divine Book and the version of great world. This study seeks to examine the connection between these three concepts of the guardianship, prophecy and prophetic mission and analyses the principle of prophecy and prophetic mission, which is the same guardianship position. Manuscript profile
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        3 - An Analytic Account of the Rules and Position of Kingship in Mirṣād al-‘Ibād based on Khosrawani Wisdom
        Somayeh  Assadi
        According to the teachings of Zoroastrianism and Ahuramazda, the position of kingship in ancient Iran enjoys two aspects of religiousness and leadership or wisdom and government, which were both granted to the king in the light of divine power (farr-e īzadī). In Illumin More
        According to the teachings of Zoroastrianism and Ahuramazda, the position of kingship in ancient Iran enjoys two aspects of religiousness and leadership or wisdom and government, which were both granted to the king in the light of divine power (farr-e īzadī). In Illuminationist philosophy, too, the light of all lights (al-nūr al-anwār), which illuminates all worlds, is the same khurneh in Avesta, which is referred to as farr (glory) in today’s Persian. In the light of farr, which is an īzadī and divine gift, the blessed person qualifies for the position of kingship. If any knowledgeable and just king deviated from the path of justice, he was deprived of this blessing and glory. Najm al-Dīn Rāzī’s view in Mirṣād al-‘ibād regarding the position of leaders and kings and their duties are very close to ancient Iranian thoughts, Zoroastrian teachings, and Khosrawani wisdom. He calls the king as God’s vicegerent on earth and, through assimilating the king to homā (a fabulous bird of good omen), he confirms God’s attention to this rank and position. Therefore, it can be said that what is called farr-e kiyānī (divine light) in Khosrawani wisdom and Illuminationist philosophy has appeared in Mirṣād al-‘ibād as divine power and heavenly confirmation. Accordingly, Rāzī refers to some specific features for kings which match those appearing in ancient religions and Khosrawani wisdom. The present study aimed to list the features of kings in Mirṣād al-‘ibād while considering the elements of kingship in ancient schools of philosophy, particularly Khosrawani wisdom, and then explain the similarities and differences between the thoughts of Najm al-Dīn Rāzī and the basic principles of Khosrawani wisdom regarding the necessary qualities and features of a king. The findings of the study demonstrate that, given the place of his own gnostic interpretation and the Illuminationist and Zahirite meaning of Khosrawani wisdom, Rāzī considered kingship to be the same as divine guardianship and the philosophical concept of “king philosopher” or, in other words, a wayfarer who has attained God and is now at the stage of “for the created through the Truth”. This individual is a “particular king” who has been granted the position of “people’s king” or the authority to rule people in the light of such characteristics. Manuscript profile
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        4 - Henry Corbin’s Studies of Islamic Gnosis with an Emphasis on Hermetic Tradition
        Hossein  Kalbasi Ashtari Hassan  Pashayi
        Based on the studies conducted by a group of Orientalists and Islamologists, the effects of Hermetic thoughts on not only Western religious and philosophical traditions but also on Iranian culture and Islamic philosophy, in general, and on Shaykh Ishraq’s works, in part More
        Based on the studies conducted by a group of Orientalists and Islamologists, the effects of Hermetic thoughts on not only Western religious and philosophical traditions but also on Iranian culture and Islamic philosophy, in general, and on Shaykh Ishraq’s works, in particular, have been quite noteworthy. As a result, a more accurate study of this topic could introduce some new horizons in the realm of comparative religions. Henry Corbin’s studies of Iranian wisdom and spirituality, which follow a phenomenological approach, have paid particular attention to this issue. In a sense, Hermes and Hermetism play significant roles in deciphering the messages of his works in this regard. In his research endeavors, Corbin has focused on Hermetic philosophy as the key to understanding the meanings of spirituality and wisdom. This paper is mainly intended to provide an analytic account of Hermetism, its relationship and interactions with Sufism and Shi‘ism with an emphasis on Corbin’s works. To this end, the writers initially review the structure and basic principles of the Hermetic tradition. Then they provide an analysis of the relationship between Hermetism and Sufism and Shi‘ism from Corbin’s point of view. Finally, they explore his Batini (esoteric) approach, which lies at the heart of his philosophy and underlies his distinctive method of scientific and spiritual wayfaring. Manuscript profile
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        5 - Mullā Ṣadrā’s View of the Potentials originating in Man’s Rational Immateriality: Factors and Obstacles
        Najimeh Mansouri Furugh al-Sadat  Rahimpoor Jafar  Shanazari
        In Mullā Ṣadrā’s view, the soul can attain some kinds of immateriality, which can lead to the development of specific features and capabilities for human beings. The present study investigates Mullā Ṣadrā’s analysis of the quality of the soul’s attainment of different l More
        In Mullā Ṣadrā’s view, the soul can attain some kinds of immateriality, which can lead to the development of specific features and capabilities for human beings. The present study investigates Mullā Ṣadrā’s analysis of the quality of the soul’s attainment of different levels of rational immateriality, the influential factors in this process, the existing obstacles there, and the characteristics created through this immateriality in worldly life. Upon the rational faculty’s reaching its habitual stage, the soul arrives at the borderline of rational immateriality, and utmost immateriality is gained at the level of acquired reason. The reinforcement of practical intellect, love, and prayer are among the factors affecting man’s reaching the different levels of rational immateriality. However, there are some obstacles to this process such as yielding to whims, committing sins, imitating others, and loving the world. At its lowest level, rational immateriality creates speech in human beings and makes it possible for them to distinguish between the good and evil. Through the promotion of the level of immateriality, man can consciously try to begin their journey toward God and, at the highest level, they become qualified for the station of guardianship. Given Mullā Ṣadrā’s idea of the quality of the rational immateriality of the soul, the philosophical explanation of some of the duties of the Prophet(ṣ), such as receiving revelation and developing certainty about its legitimacy, becomes possible. Manuscript profile
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        6 - Obligations of the Adopter Couples towards the Adopted Child and the Enforcement of it in the Iranian Legal System with a Comparative Study in English Law
        Marjan Arastooie
        Child Adoption is an effective entity in terms of improving the living standards of homeless and abused children and couples or people without children, as well as in terms of positive social reflections. In this regard, high support of the adopted child will be necessa More
        Child Adoption is an effective entity in terms of improving the living standards of homeless and abused children and couples or people without children, as well as in terms of positive social reflections. In this regard, high support of the adopted child will be necessary by regulating the obligations of guardians and enforcement of them. Obligations of guardians in Iranian law include transferring part of the property, the provision of child expenses, life insurance for the child and custody and good behavior and not to commit acts leading to disqualification, which in case of violation of each one according to the relevant rules will lead to the termination of the adoption, the change of the custody order and the compensation of the damages to the adopted child. In English law, on the other hand, there is a complete adoption system, according to which the relationship resulting from adoption is fully consistent with the legal relationship between the children and their biological parents, which reduces the distinction between the obligations of biological and non-biological guardians. But, in recent laws, a kind of incomplete adoption under the name of ‘Special Guardianship’ with specific obligations has also been identified in this country. In English law, due to the guardian's obligations, which include alimony, care and decision-making in the affairs of the adopted child, there is a guarantee of performances such as obliging and guiding the guardian to perform legal duties and the possibility of prosecution in case of child abuse. Also, according to the judicial procedure and the emphasis of the law on the principle of the material and spiritual well-being of the child, contrary to the rule, in very special and exceptional circumstances, formal adoption can be terminated. Manuscript profile
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        7 - A Study of the Principles of Sadrian Philosophy in Imām Khomeinī’s Lifestyle
        Sayyed Hamed Onvani Vahideh  Fakhar Noghani Sayyed Hossain Sayyed Mosavi Sayyed Mortaza  Hosseini Shahrudi
        Political lifestyle refers to the particular method of encountering the most important duties of the realm of political life that develops in order to achieve political purposes. Given the important role of ontological principles in constructive approaches to lifestyle, More
        Political lifestyle refers to the particular method of encountering the most important duties of the realm of political life that develops in order to achieve political purposes. Given the important role of ontological principles in constructive approaches to lifestyle, their analysis in the political lifestyle of Imām Khomeinī, as an individual with his own style, seems necessary. Accordingly, this paper is intended to investigate the effects of the principles of the Transcendent Philosophy in relation to the principiality of existence, goodness of existence, unity of being and plurality in its manifestation, simplicity of existence, and the place of perfect Man in the levels of being based on Imām Khomeinī’s political lifestyle. An analytic library study of the publications on Imām Khomeinī’s life and character indicates that commitment to the principles of Sadrian philosophy played a significant role in the development and consolidation of his political lifestyle. Moreover, given the gradation at three levels of the “political lifestyle of the perfect Man”, “the political lifestyle of the divine leaders influenced by the perfect Man”, “the lifestyle of people who follow the political life of divine leaders”, Imām Khomeinī, as a figure believing in the truth of the perfect Man, managed to have the support and trust of a huge number of people through insisting on providing for the conditions required for people’s access to the perfect Man’s lifestyle in order to attain a new style of transcendent political life. Manuscript profile