نوع مقاله : پژوهشی
دکتری حقوق کیفری، قاضی دادگستری، تهران، ایران
عنوان مقاله [English]
The doctrine of Absolute Velayat-e Faqih in Shia Jurisprudence, dating from one thousand years ago, is the most fundamental tenet of philosophical discourse in the political and Islamic puzzle, and has always been at the centre of contemporary and various discussions. Although the authority of Vali-e Faqih acting on behalf of the Infallible (AS) in areas such as granting pardon to criminals guilty under Hadd has been analyzed in books of Shia jurisprudence, constitutional and positive laws of Iran, more research needs to explore different aspects of this fundamental concept. Furthermore, the doctrine of absolute Velayat-e Faqih was propagated by Imam Khomeini and other antecedent jurists. Their belief and assertion on expanding authority of Vali-e Faqih and his equivalent position to that of Prophet Mohammad (PBUH) and other Imams (AS), other than showing the bravery of the aforementioned jurists, also displays their affluent interpretation of Shia jurisprudence and its theoretical and practical bases. Accordingly, the current study is an attempt to analyze different conceptions of the authority of Vali-e Faqih with regard to granting pardon to criminals guilty of Hadd.