نشریه حکومت اسلامی
سال بیست و دوم شماره 2 (پیاپی 84، تابستان 1396)

As an interdisciplinary trend between the two disciplines, i.e. jurisprudence and politics, political jurisprudence has long focused its attention on the issues in the realm of politics. However, after the triumph of the Islamic Revolution of Iran, political jurisprudence extended to include some new fields of study. As an erudite jurist, Ayatollah Khamenei has put forward a wide range of issues, questions and functions proportionate to the foundations, ends and growing expectations in relation to jurisprudence and political jurisprudence. Accordingly, on the one hand, the concept of political jurisprudence
is not restricted to that part of jurisprudence which is concerned with the political affairs, but it applies to an issue in practical jurisprudence that takes into consideration the way in which people should run their social affairs. This can be referred to as the jurisprudence of conducting political society. On the other hand, since jurisprudence, as defined by Ayatollah Khamenei, goes beyond mere understanding of [jurisprudential]precepts and extends to include knowledge of religion in such fields as beliefs, precepts and morality, he holds the view that political jurisprudence (as a part of jurisprudence) is not devoted to precepts and political conduct. Rather, it consists of precepts, political beliefs and political morality. According to Ayatollah Khamenei, due to the social conditions and requirements in the past, the political jurisprudence had a limited
scope within the community of the faithful, but after the triumph of the Islamic Revolution, it began to expand its scope to include political society and religious government. Likewise, the requirements of forming Islamic system makes it possible that the scope of jurisprudence goes beyond mere understanding of the legal precepts and develops into inferences of political theories and system-creating.

Cyberspace, along with important opportunities, poses security, social, and cultural threats. The Islamic Republic of Iran’s policy has sought to consider filtering as the most important means of imposing restrictions on having access to the corrupt websites which are opposed to or inconsistent with the Islamic laws and regulations. This article seeks to make a jurisprudential analysis of the issue in question, and carry out a critical assessment of jurisprudential arguments for it resulting in lending support to and bolstering the necessity of using filtering corrupt websites. Though using filtering some websites seems to be against the import of the maxim of “prohibition of detriment” or principle of “harm” and implies such detriment as inaccessibility to the possibly existing scientific information
in the website, decisions not to use filtering such websites for such reasons as religious, doctrinal, cultural, and political aberrations are opposed to the arguments for the maxim of the negation of “domination over the faithful by the faithless”, prohibition of ‘keeping misguiding books’, the rule of ‘expediency’ and that of ‘enjoining the right (good) and forbidding the wrong (evil)’. In case the argument for the necessity of using filtering conflicts with the necessity of not using filtering the aberrant websites, what is decided on is naturally in favor of something with the least harm.

In showing appropriate reactions against the rival ideas as well as in making attempts to avoid trial and errors which may have no decisive results, the Islamic rule does not help creating a system based on the revelatory teachings (knowledge). If this enterprise fails, the efficiency of the Islamic system relying on ShiÝÐ jurisprudence and the thesis of guardianship of the Muslim jurist (wilÁyat-e faqih) will be challenged. As far as the revelatory knowledge is concerned, the Qur’Án is of centrality, so the system created by the Quran is felt as a greater necessity in this day and age than before. This research work seeks to obtain a proper understanding of Qur’anic systematization based on approaches which have been adopted by those who are expert in this field. The writers claim that if the earnest discourse on systematization does not become widespread, the idea of the occurrence of system-atization will be an unreal expectation. Being based on library studies, this research work first undertakes to collect data about different approaches to systematization. Then, based on the qualitative approach adopted as well as the in-depth and partially structured interviews with the experts in the field of creating systems, it seeks to complete the primary data, and prepares the ground for deducing the conceptual framework of Qur’anic systematization according to the data-based theory and approach proposed by Strauss and Corbin. In the next stage, in order to sort out the priorities, the research work makes some modifications in the constituents of the mentioned model that is based on a quantitative approach and the use of TOPSIS [The Technique for Order of Preference by Similarity to Ideal Solution] and the newly proposed theories of the experts. In the end, various realms of systematization have been separated into system studies in terms of created things, revealed (legal) things, mentally-posited things, and of the things related to the realm of administration.

The verse ‘and those vested with authority’ (al-NisaÞ,4: 59) is the most strategic verse in the Qur’Án that is open to thematic-ijtihÁdÐ interpretation in line with the expansion of the realm of politics of religion-based. There seem to be two approaches to the interpretation of the Qur’Án among the ShiÐ scholars and the Qur’anic exegeses. The
first exegesis which is of a longer background and domination, basing its argument on the application of the obedience to ‘those vested with authority’, holds the view that the obedience to those vested with authority is peculiar to the Infallible Imams. The other approach to which the article seeks to lend support considers the first view as an indication of historical contradiction between the ShiÐ and non- ShiÐ exegetes and speaks of the possibility of the generality of the verse and its application to the just religious authorities from the ShiÐ perspective. From this perspective the authentic traditions reveal the fact that the infallible Imams are the total and specific instances of the verse, and its general application to those who have been appointed by the Prophet Muhammad and the Infallible Imams is not negated. Furthermore, in interpreting the verse 83 from Surat al-NisÁÞ which is compatible the verse 59 from the same Surah, most of the exegetes have not interpreted ‘those vested with authority’ as peculiar and excusive to the Infallible Imams whereas it is in correspondence with the verse 59 of Surat al-NisÁÞ. These arguments along with some other counterarguments which have appeared in this article can contribute to the strength of the second approach. It goes without saying that introducing non-infallible people as ‘those vested with authority’ is not taken to mean the application of obedience to the legal rule of non-infallibles.

To create systems in the realm of governmental jurisprudence, one first has to deduce the principles and rules from the Islamic jurisprudential heritage and then to construct them within the framework of a legal system. The nature of the governmental positions
and that of political power and authority are among the subjects which are helpful in designing governmental jurisprudence. This research work is conducted to study the nature of general positions as being a trust and their consequences for the system of constitutional law of Iran with emphasis on the Alawid thought. Drawing upon the analyticdescriptive method along with textual method, the research work seeks to establish the idea that the nature of general positions is based on a trust and one should expand the scope of trust in the realm of individual (personal) jurisprudence to include social and governmental jurisprudence. One can also find some cases (instances) in the constitutional law which are in agreement with this view, and, without doubt, if this view is accepted, one has to accept its legal and jurisprudential implications, including ‘dismissal’ which may happen when there is a breach in trust.

The significance of the organizational behavior(s) of the agents of the Islamic government lies in the fact that the affairs of the Islamic society are affected by these behaviors, and the growth, development, decline and retardation of the Islamic society is based on these behaviors. It is clear that governmental agents in every country, according to the laws and regulations, assume legal responsibility towards his own organizational activities and behaviors. Now this question arises as to whether or not any agent has legal responsibility towards the organizational behavior and is called to account for it. What are the aspects of this legal responsibility? In order to identify and explain all possible aspects of legal responsibilities towards the organizational behaviors of the agents, the present article studies the jurisprudential theories and their underlying principles drawing upon analytical-descriptive method. The article seeks to provide an answer to these two questions and explain the legal responsibilities of agents from various angles such as preserving the divine trust, qualification for taking charge of positions, meeting governmental purposes and serving the interests of the government, claiming responsibility for the consequences of behaviors, collective responsibility, obedience to the Islamic ruler, and preserving public treasury. These aspects are regarded as the fundamental rules and regulations and frameworks governing the organizational behaviors of the agents.

Given the fact that each country is of various cultural conditions and a historical background, countries of the world have their own systems of government. In countries with the separation of powers, the election of the executives is usually held through the votes cast by people. In parliamentary systems, it is the legislative power that elect
the executives and controls them. The present system of government in the Islamic Republic of Iran as both a semi-parliamentary and semi-presidential system which started to work after the revision of the Constitution in 1368, like any other existing governmental structures, has revealed its points of weakness and strength since it was established about three decades ago. Therefore, given the fact that the existing semi-presidential and semi-parliamentary system has faced with some difficulties, the question of its becoming a parliamentary system has changed into a controversial question for the authorities for several years. Some hold the view that acting on the existing laws and
regulations and reforms of personal behaviors can be taken as the cause of overcoming difficulties. Others consider structural change and movement towards establishing a parliamentary system as something desirable. In this article, an attempt is made to cast light on and make analysis of the characteristics of a parliamentary system by referring to
the arguments offered by the advocates and opponents of such a system. While stating the pathologies and obstacles of this shift of position, the article also seeks to establish the fact that this change brings about the homogeneity of the structure of the system and balance of power in a more appropriate way.