عنوان مقاله [English]
The modern state is one of the topics whose context has been less studied from a jurisprudential point of view. Usually, our jurists have spoken more about the necessity of the government than about the old and new contexts of the government. It seems that they have taken its meaning for granted and have not had a jurisprudential reflection on it. But a review of Imam Khomeini's works shows that he noticed the changes in the traditional context of the state - the royal order - and paid attention to it in his political theory. Among Imam Khomeini's jurisprudential literature, there are two arguments that link his theological discussions to the new nature of government; One is legal speeches and the second is empty fields of text. Something that can be seen before him in some works of later jurists such as Mirza Naeini. Perhaps reflecting on the context of the modern state from this perspective can make the thoughtless parts of the state in our jurisprudential literature more believable and establish a path to the relationship of Islamic civilization with such a state. Undoubtedly, every plan of Islamic civilization must have its relationship with the state. Define modern and choose an epistemological position towards it. Maybe this article can do that.