بهروز سراقی

The history of ideas about the position, function and duties of the elite is as long as the history of political philosophy. The idea that human societies have composed of various social forces and classes and the government should be in the hands of superior social groups can be found in the thoughts and ideas of the ancient philosophers of the Middle Ages. There are many theories and approaches in the field of elitism which have been studied qualitatively in this article in comparison with the ideas and thoughts of Muslim thinkers drawing upon the Imam Ali’s ideas and his approaches to elitism in one of his sermons called Shiqshiqiyyah. The study concludes that in the existing non-Islamic approaches to elitism emphasis is laid on the political legitimacy of the elite but Imam Ali’s view in this regard is based on the divine legitimacy and popular acceptance. The former approaches maintain that the elite function to secure their own interests but Imam Ali considers the elite as a social group which has the social responsibity of administering justice, fighting against oppression, and protecting national security. Imam Ali (‘a) has also taken into account the rights and duties of the elite and the masses towards each other, but other approaches have laid much emphasis on the duties of masses towards the elite and their interests.

According to Islamic law, swearing to God Almighty, is one of the ways to prove or abstain a claim. One of the issues raised and discussed in relation to the oath of office is the oath of the non-Muslim person, expressed in terms of swearing by non-Muslims, and the way it should be done. The present study investigated the Qur’anic principles and the validity of non-Muslim judicial sworn judgments in Imami and Sunni jurisprudence. In Imami and Sunni jurisprudence, according to the common narration, the oath of office of non-Muslims is absolutely accepted. However, by examining the Qur’anic and narrative arguments, it is necessary to take this issue into account in a more detailed way. Therefore, swearing of Ahl al-Kitab (People of the Book), swearing of Non-Muslims other than Ahl al-Kitab for defending themselves (as the accused), and swearing of Non-Muslims other than Ahl al-Kitab who believe in God (as the claimant) are accepted. However, swearing of Non-Muslims other than Ahl al-Kitab, who do not believe in God, as the claimant must not be accepted. Also, according to the majority of Imami jurisprudents and the consensus of Sunni jurisprudents, the oath of the infidels (Ahl al-Kitab or other than Ahl al-Kitab) must only be taken to Allah the Almighty or His specific names. And finally, most of Imami jurisprudents and majority of Sunni jurisprudents believe that infidels are not obliged to confirm the sacred oath.

Soft war is considered to be one of the important issues in the Islamic Republic of Iran in the last decade. This research work raises this basic question: “What are the strategies for confronting soft war in an Islamic system based on the authority of a Muslim jurist?” and goes on to put forward the thesis that taking into account various aspects of this particular system, one can show the application of these strategies in the realm of the legitimacy of the system as a doctrinal foundation of the system, in the realm of structure as an executive and organizational mechanism of the political sovereignty, in the realm of leadership as an administrational aspect of the Islamic government and in the sphere of community (ummah) as the social basis of the Islamic state. This research can be said to have developmental application in terms of objectives drawing upon historical-comparative method as far as its methodology is concerned. The findings of the research show that in Islamic society one can speak of three paradigms of ‘prophetic system of guardianship’, ‘Alawi system of guardianship’ and ‘ system of guardianship based on the authority of a qualified Muslim jurist’. The latter is peculiar to the Times of Occultation. Drawing upon a comparative study of the early days of Islam, there are other two deviant paradigms conceived through soft war.

Shari'a or hijab is one of the divine commandments; many verses and narratives point to the importance and necessity of covering the shari'ah for those who are obligated to the nonhistoric. The hijab, which has been revealed in five stages, explains one of the most fundamental moral, jurisprudential and religious issues. It should be accepted that observance or non-observance of the Islamic cover has a significant contribution to the health or degradation of the people of the Islamic community, but this divine obligation today has undergone rumors, criticisms and misunderstandings so that a superficial look at the coverage of Islamic societies of non-existence Clarifies this divine decree.
Based on the Qur'anic and narrative principles, this research has earned the concept and decree of religious coverage and the concept of crime in the verses by referring to the views of the Imams and Sunni commentators. The title of the criminalization of bad guilty and neglected (non-observance of religious shield) using the viewpoint The commentators and the rule of "Lekel Zen Baig" have been emphasized and have proved the title of being a criminal offender for not complying with the Islamic law.