Matin Research Journal

Matin Research Journal

Competency of Agents: Qualifications, Authorization, Viewpoints, Evidences

Document Type : Original Article

Authors
Esrafil Sobhani 1
Seyyed Mohammad Reza Ayati 2
1 PhD (Jurisprudence and Principles of Islamic Law) Faculty of Law, Theology and Political Science, Islamic Azad University, Science and Research Branch, Tehran, Iran
2 . Professor, Department of Jurisprudence and Principles of Islamic Law, Faculty of Law, Theology and Political Science, Islamic Azad University, Science and Research Branch, Tehran, Iran
10.22034/matin.2021.201864.1509
Abstract
Ascertaining competency of government officials to take responsibility and its urgency has always been a challenging and significant issue for the Islamic Republic. There is discord among thinkers who is competent enough to take responsibility. Some see ascertaining competency a legitimate right of the government, some attribute such right to people, while others like Imam Khomeini argue it is both the right of the government and the people. The principal questions this paper intends to answer are the following: How the competency of agents, their qualifications, authorization, viewpoints, and evidences for and against them can be ascertained in view of Imam Khomeini? Are there any Quranic verses, traditions, presumptions and practical codes of conduct to signify ascertainment of competency? To find appropriate answers to these questions, we have resorted to a descriptive-analytical method to review Imam Khomeini’s views and arguments, evidences and presumptions. The findings indicate that resorting to reason, logical and consistent usages, and in the absence of evidence, resorting to practical codes of conduct and jurisprudential principles can, in their capacity, push aside standing obstacles to competency, in some cases, attest to competency, that is compatible with Imam Khomeini’s views.
Keywords
Ascertaining competency
practical codes of conduct
jurisprudential principles
Imam Khomeini

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