افسانه ترکاشوند

Since there has been no research on the boundaries and authorities of the Valy-e Faqih in the principle of apostasy prohibition from religion, it is necessary to conduct a study on this matter. Therefore, the present study aimed to clarify the boundaries and authorities of the Islamic ruler in the principle of apostasy prohibition from religion. To this aim a descriptive-analytical method with using library sources was used. The results indicated that the Valy-e Faqih, based on the status and authorities derived from the Prophet (PBUH) and the Imams can temporarily suspend or modify rulings that lead to deviation from religion and aversion to religion, using considerations of time and place. Therefore, rulings that lead to dislike, aversion, and hatred towards religion, weaken and endanger Islam, are considered forbidden and prohibited. For example, in jurisprudence, actions such as not punishing a pregnant woman, changing the punishment of stoning, or making contracts with hostile governments that lead to aversion and dislike among people are considered prohibited and forbidden  

The primary basis of the Islamic Republic of Iran's system is the absolute Vilayat-e Faqih, one of the essential concepts in Shiite jurisprudence. Vali-e Faqih cannot solve modern problems and problems of contemporary society only with primary and secondary commands. Instead, using the element of expediency, governmental rule, the law of essential and more important, and the consideration of time and place, can solve emerging problems. The present study aimed to explain the impact of time and place on contraction and expansion of the empowerment of the Islamic ruler’s authority and propose new theoretical researching the use of absolute Vilayat-e Faqih for facilitating community affairs. To this aim, the role of time and place in ijtihad, commands, the emergence of new topics, discovering new investigating the effect of time and place on contraction and expansion of the authority of the Islamic Ruler.