Mohammad Reza Zafari - Department of criminal law and criminology, faculty of law and social sciences, Payame Noor University, Tehran, Iran

Preservation of life and property against the risk of expressing opinions is an intellectual duty that the Imami jurists call it the taqiyyah rule. On the other hand, according to the famous scholar, Kohlberg, it was the Shia Imams (S.A) who used taqiyyah for the first time to justify their isolation and non-jihad, and therefore, due to the use of taqiyya, the jurisprudential texts of Imamiya are also not reliable. In this article, for the first time, with a descriptive-analytical method, we have examined Kohlberg's theory from the point of view of Imami jurists, and we briefly remind that by inferring from the jurisprudential works, including Imam Khomeini's ones, any person can use the intellectual rule of taqiyyah in order to avoid from harm or danger, but an Imam (S.A) or a jurist cannot use it to express the Imamiyya beliefs and laws, even in times of danger.

Taqiyyah, Kohlberg, Imami jurisprudents, dangers