Imam Khomeini's Jurisprudential and Legal Views on Purity and its Difference with Retribution and Guarantee (with Emphasis on the Supply and Sale of Artworks)

Document Type : Original Article

Authors

1 PhD Student, Department of Jurisprudence, Law and Thought of Imam Khomeini, Faculty of Humanities, Mashhad Branch, Islamic Azad University, Mashhad, Iran.

2 PhD, Associate Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Faculty of Humanities, Mashhad Branch, Islamic Azad University, Mashhad, Iran.

3 PhD, Assistant Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Faculty of Humanities, Mashhad Branch, Islamic Azad University, Mashhad, Iran.

10.22034/ias.2021.282075.1592

Abstract

In Imami jurisprudence, purity has been considered as a means of dominating other people's property and is similar to intercession. Some consider it as a cause of falling obligations and others consider it as a sale and its rulings are attached to the rulings on the sale of faith to religion and guarantee. However, some have considered the use of purity instead of vengeance to be correct, because if the conditions of purity exist, each of the two religions will reject and abrogate each other. Imam Khomeini's view is also based on the fact that purity is one of the causes of falling commitment and is not considered as a guarantee. The research method of this paper is descriptive-analytical, and information is gathered by the study of books, articles, publications, reputable legal sites in main and secondary sources. The research findings indicate that due to the lack of differences in nature between contractual, judicial and statutory purifications, all of them eventually return to coercive purity. The final result of the research indicates that the jurists in their interpretations have often described purity by force. Therefore, from Imam Khomeini's point of view, purity is also coercive, and in the presentation of works of art and products, this act becomes elementary, and finally, there is a difference between purity and retribution.
Research aims:
1. Examining the theories of jurists and judges with emphasis on the view of Imam Khomeini on the issue of purity with emphasis on the supply and sale of works of art.
2. Creating insight, awareness and enlightenment of public opinion, as well as with the aim of examining the views of jurists and jurists about purity as one of the causes of falling obligations.
Research questions:
1. How is the truth of purity and its types analyzed from the point of view of jurisprudence and law with emphasis on the opinion of Imam Khomeini?
2. What effect do the views of jurists and jurists have on the supply and sale of works of art, with a special emphasis on Imam Khomeini's view on purity?

Keywords

References

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