نوع مقاله : مقاله پژوهشی
1 دانشجوی دکتری علوم سیاسی گرایش مسائل ایران دانشگاه تهران
2 استادیار گروه علوم سیاسی، مجتمع آموزش عالی شهید محلاتی
عنوان مقاله [English]
Imam Khomeini as a Shiite intellectual jurist had been greatly attentive to the secondary issues of religious decrees and their role in the inference of religious commandments and daily affairs of the society. Among these secondary issues in Islamic law and jurisprudence has been the issue of exigency which disclaims Man from responsibility. Considering the fact that abolishing the exigency decrees is important from legal and jurisprudential viewpoint, and exist a difference between statutory and obligatory provisions, the current research is an attempt to analyze the issue from the view point of Imam Khomeini. It is concluded that according to Quran and tradition, exigency absolves man from performing obligatory and statutory religious decrees and since the issue of exigency is proved in crimes, it also removes penal and civil responsibilities of the criminal. In this condition, the responsibility of the distressed criminal for compensating the incurred loss lies within the principles of “Etlaf” and “Zeman-e Yad).