قاسم شبان نیاء

The presence and interaction of jurists with the sultans of their time has led to the emergence of a new reading called the legitimacy of the monarchy, which means the legitimacy of the king's rule by some contemporary writers. Examining the evidence shows that the traditions of praising and obeying the sultans have a weak document and a taqiyyah direction of issuance and have a meaning other than the legitimacy of the monarchy. Just as predestination, reducing the authority of the jurist in limited matters and social necessity does not imply the legitimacy of the royal monarchy, no evidence was found for this issue either. Allameh Majlisi, Mirzai Qomi, Seyyed Kashfi, Sheikh Fazlullah Nouri and Haeri Yazdi emphasized on the authority of the jurist, taking into account the necessities of the context and the time, they dealt with the actions of the authority as much as possible, and they based their interaction with the kings on the basis of expediency in commanding good and forbidding. Just as this theory does not have internal coherence in Islam, it is not compatible with Islamic political principles and foundations.The claim of consensus on the validity of the jurisprudence throughout the history of Shia jurisprudence shows the invalidity of legitimate monarchy, while the contradiction of political principles in Shia jurisprudence has prevented this formalization, the pillars of legitimate monarchy and internal ambiguities and inconsistencies. An important part of the interaction of jurists with the rulers of the time, if not out of necessity and piety, is based on the expediency of enjoining good and forbidding evil and has nothing to do with the officialization of the royal institution. .

Today, legislation in various fields, relying on newly established rational manners, is one of the common practices in the world as well as in Islamic countries, and national citizenship is accepted based on this notion. The question that arises in this regard is whether, from the religious / jurisprudential point of view, the legislative practice of the intellectual and the legalization and acceptance of the national citizenship have legitimacy or not and that is it possible to correct it according to the shari’a or not. There are the two ideas of denial and prove in this regard. The idea of ​​prove believes that the newly established rational manners and the statutory principles written by mankind, including the law of national citizenship, have legitimacy, provided that it does not contradict with the rules and necessities of Shari’a and is within the framework of narrative or rational Shari’a criteria. Actually, for making these types of laws legitimate, solutions such as "proving the authority and legitimacy of the newly established rational manners", "analyzing, history analysis, analysis, future analysis of the newly established rational manners" and so on have been provided. Using the descriptive-analytical method and based on the jurisprudential-ijtihad method, the present study has come to the conclusion that it is possible to have a religious justification of the rational legislative manners. Therefore, based on jurisprudential principles, the legal justification and acceptance of national citizenship as a first law is possible.

Based on inferences from narrative resources and statements by Imāmiyah jurists, the present study aims to explain the significance and position of three important principles in the realm of politics and government, and also display their priority over some other principles in this regard. The method of study is descriptive analysis and the results showed that in juristic heritage, there are some regulations to set the hierarchy of principles compared to one another and although each of them per se cannot be determinative, a set of them can lead us to some criteria. Besides, in Shi’ite political jurisprudence, three principles named maintenance of the epicenter of Islam (Beyzat al-Islam), maintenance of Islam, and maintenance of blood and life have priority over some other ones in the realm of governance; however, the first mentioned principle is dominant over the two others. Although there are some regulations for the prioritization of principles, time and place circumstances and requirements in some levels can have profound impact on this hierarchy.

The foreign policy of the Islamic Republic of Iran, in addition to wisdom and expediency, is based on the principle of dignity. The realization of this principle derived from Islamic jurisprudence requires fundamental changes at the structural and behavioral levels. The current paper focuses on the behavioral part of the necessities of the principle of dignity that has behavioral aspect and considers international relations in the face of the actions of the actors. The findings obtained by using the method of inference from primary Islamic sources as well as the use of evidence such as the provisions of the constitution and the statements of the intellectual- political leaders of the Islamic Revolution, show that the dignity of the Islamic Republic depends on the fact that in the field of behavior in the face of the actors of international relations, the system of the Islamic Republic, on the one hand, in the arena of relations between Islamic countries, turned to policies that lead to consolidation and increase their power against external threats, but on the other hand, in the face of actors in international relations who fall into the class of infidelity, adopts policies that ultimately lead to independence and the denial of any unilateral dependence on them.

Security is considered to be one of the vital human issues. During World War I and World War II, various theorists made great efforts to establish international security. Numerous views have been made on international security; But the world still suffers from insecurity and fear. Scholars believe that the main source of insecurity and fear in the international system should be sought in the authoritarian and hegemonic structure of the international system. Part of this structure has been created by players, including governments and international organizations. Using a descriptive-analytical method, this paper studies the challenges of international security system and solutions of Islamic jurisprudence. Some of the solutions of Islamic jurisprudence to provide international security are mutual respect between governments, unity and cooperation between nations, fighting against oppressive and domineering governments, reviving the spirit of dignity and authority of nations, supporting the oppressed and deprived nations and legitimate defense to deny domination and creating international security based on justice and unity between states and nations.

Improving the effectiveness of the Islamic Republic of Iran is one of the key issues in the fifth decade. The two great achievements of the Islamic Republic, namely "its states of being republic and Islamic", have made it distinctive of the Pahlavi regime. During the past four decades, we have witnessed the great achievements of these two components, but in order to exploit these two capacities more, it is necessary in the fifth decade to come up with some reflections on this. In this paper, the title "republicanism" has been discussed to answer this question, how can this capacity be used in the fifth decade of the revolution for more efficiency in the system? Using the high-level documents of the Islamic Republic and the prescriptive analytical method, it has been shown that in the future of the Islamic Republic, changes in the monitoring and participation of the people, both serving the people and strengthening the institutions of the people and government should be established.

The principle of "territorial unity" is among the fundamental principles in jurisprudence and Islamic political system. This principle, which rooted in the universal mission of Islam, causes practical implications in the political jurisprudence, among the most important implications of this; one can refer to the principle of the "unity of the Imam", as well as the lack of originality of the geographical boundaries, including contractual boundaries and beliefs. Using inference from authoritative sources and analysis of Islamic texts, this paper implies that, the principle of territorial unity is rooted in the universal mission of Islam. Therefore, it refers to the mission of the Islamic government towards the entire human community. So, firstly, human society is not multiform based on the transcendental goals of Islam, thus, the principle of "unity of Imam or Caliph" is an essential principle of many Islamic sects. Secondly, any types of boundary between lands, whether beliefs or contracts, is unjustifiable. Of course, the principle of "territorial unity", "the principle of the unity of the Imam" and the principle of "negation of any delimitation among human societies" depicts the idealistic view of Islam towards the international relations, but Islam also provides an alternative to the current international status in which territorial multiplicity and geographical delineations are accepted under conditions. But these boundaries, firstly, do not negate the international mission of the Islamic government. Secondly, it does not count as a criterion for valuing individuals. Thirdly, it does not negate the priority of the Shiites over the other Muslims, as well as the priority of Muslims over the others, and also the priority of the People of the Book over the infidels and to the polytheists.

This paper seeks to analyze the behavior and behavioral criteria of the international actors in interacting with each other. International actors engage in a pre-made structure. Using descriptive-analysis method, this paper seeks to evaluate the relationship between the behavior of the actors with their goals, and their being-effected by the existing structure of the international relations from the viewpoint of Ayatollah Javadi Amoli to comprehend and classify the behavior of the actors. Concentrating his idea, as a well-known scholar in  this field, this paper implies that, religious attitude is the most complete explanatory approach. Arrogant actors have created a structure based on personal interests and security through the deprivation of security and interests of the other actors to eliminate the religious and human values. Emphasizing religious and human values, anti-arrogant actors seek to build a new structure, which provides justice and security for all global actors.

Citizenship rights in every platform are based on a set of principles, which are the main foundations of each of those rights. Civil Rights in Islam are based on fundamental principles, whose recognition can give us a precise framework. Using the descriptive-analytical method and referring Islamic resources, this paper extracts the most important of these principles, and then exposes its ruling logic. The foundations such as the principle of "the Absolute Divine Sovereignty", "preferring the otherworldly interests to the worldly one", "the priority of the spiritual life", "human dignity", "justice", "appropriating behavior", "expediency" and "correlation of right and duty" have a fundamental impact on the citizenship rights. The Islamic government is responsible to pay attention to these principles in the framework of framing the rights of citizenship and putting them into practice in society, because neglecting these principles would undermine civil rights.

Common beliefs, capabilities, opportunities, as well as limitations and challenges are the determining factors of the national interests of all countries. Regarding the fact that national interests are among the new concepts in the realm of foreign policy, the following question is raised: Can national interests be talked about in the Islamic government? If the answer is yes, what is its scope? How are the supranational dimensions of the responsibilities of the Islamic government considered in determining the national interests of the Islamic Republic of Iran? Using Islamic sources and analytical-Ijtihadi method, it was concluded that national interests can be talked about despite the global and regional mission of the Islamic government; however, national interests and Islamic and human interests are intertwined and cannot be separated. In such a condition, the national interests of the Islamic government are not restricted to a specific geographical region and they will gain global scope as the result of the global mission of the Islamic government. The Constitution and also the speeches and the practical conduct of the leaders of the Islamic Republic show that the supranational responsibilities of the Islamic government are considered in determining the national interests of the Islamic Republic and Islamic and human interests are regarded as the inseparable parts of the national interests of the Islamic Republic.

Jihadi Culture is a leading and non-stationary culture in Islamic society so that it is able to eliminate the existing obstacles in the Islamic society as well as the Islamic revolution. Therefore, we should analyze its desirable indicators to enable us to accomplish and fulfill it in real scopes.
The most important indicators of Jihadi Culture are insight, timely action, sincerity, endurance, duty-based and obedience to leadership. Emphasizing the Supreme Leader's remarks, this article will study the mentioned indices by an analytical descriptive method. The purpose of this study is to extract the indicators of "Jihadi Culture" from the supreme leader's remarks in order that to be a model for social behavior in the Islamic system, especially in the political sector. For example, if pattern of Jihadi Culture impacts on our political culture, the indicators of political culture and public participation will increase dramatically. As a result, the mentioned indicators; which are the most important indicators of Jihadi Culture from the viewpoint of the Supreme Leader, can help the Islamic system and society to reach the desired level.

Negotiation is one of the means of achieving foreign policy in Islam. Using techniques, ground rules and skills to the speedy achieving of negotiation goals, are of the important issues discussed. Presenting some ground rules, Islamic jurisprudence tries to lead the results of the negotiation towards the manifestation of Islamic state`s goals. Using a descriptive-analytic method and inferring reliable jurisprudence resources, this study attempts to show that before negotiations, negotiators must welcome suggesting peace; they must negotiate from the position of authority and enter into the talks by a precise analysis of the parties. Behavior balance, emphasis on commonalities, philosophical dialogue, understanding the position, concealing hostility, not losing oneself while being flexible when necessary, expressing the provisions of the treaty and writing the results of the talks are highly recommended during the negotiations. After negotiations, it is necessary to maintain awareness to the deception of the enemy, be high-minded to the treaty, and retaliate in cases each party violates the treaty.

With the emergence of Islam and after that, negotiation showed its importance in solving conflicts with opponents, however; there have always been disagreements about the capability of negotiation in settling down conflicts, (Problem) an issue which has remained significant due to the lack of attention to the criteria of a desired Islamic negotiation. Thus, we face this question: What criteria did Islam assign for negotiation between Islamic government and other governments in order to reach divine-human goals and ideals? (Question) It is assumed that: applying these criteria is not just for solving disputes or reaching an agreement; rather all countries can reach their goals based on it. (Hypothesis) The present article seeks to extract the criteria of the desired Islamic negotiation, so that, first, government officials consider them in the process of negotiating with other governments; and second, Muslim citizens be able to have a fair judgment about negotiations. (Objective) Reaching this goal is done through using descriptive-analytical method and interpreting authentic Islamic sources. (Methodology) The results show that these affirmative (Ijabi) and privative (Salbi) criteria result in the fulfillment of ideals and as a result they can be summarized in seeking honor, being wise, pragmatism, and finally, seeking justice. (Finding)

Negotiation as the most important and effective means of diplomacy plays a unique role in meeting the objectives of a nation’s foreign policy. Seeking to establish world peace and security on the basis of divine transcendent values, Islam gives its support to the legitimacy of negotiations between Islamic states and other [non-Islamic] states. The issue of functional aspects of negotiations in meeting the objectives of Islamic foreign policy is of utmost importance. In this research work, an attempt has been made to show that an Islamic government can set the stage for accomplishing the principal objectives such as the ideals of the Islamic world, guidance, unity, establishing and promoting peace and security and peaceful coexistence, settlement of disagreements, safeguarding people’s own elected system of government, preserving international (world) order, making contracts and undermining the illegitimate sovereignty (rulers) front (ÔaghÙt).

In the foreign policy of Islamic state, all the theories about the principality of peace or war have serious ambiguities and drawbacks. Therefore, referring to authentic Islamic sources, especially the Quranic verses and traditions, as well as the words of Muslim jurists and commentators and reviewing the mentioned perspectives, the paper proves that none of these principles can be of any help to the Islamic state to formulate the foreign policy and determine the rules and regulations governing the foreign policy. Since the principality of war or peace is not an inherent one, and should observe other rules and laws, we have to look for the basic principle which governs war and peace. This paper seeks to prove that the principle of devotional service of God can be the basis for setting the coherent frameworks and strict conditions of the foreign policy of Islamic State, including the terms and limits of the rules and regulations which govern war and peace.

Although different schools are always concerned with preserving and promoting human dignity and each school provides certain modus operands to achieve this end, Islamic fiqh has a transcendent approach in this regard, and in some cases it provides unique modus operands. Using a descriptive-analytical method, the present paper provides a number of important modus operands which Islamic fiqh presents for preserving human dignity. Expanding monotheistic thought in human societies; giving priority to spiritual affairs, providing every man with a pure and spiritual environment, preserving one's life, property and good reputation; treating all human beings fairly and equitably, and bringing order, security, welfare and tranquility to citizens are among the transcendent injunctions of Islam, which contribute to preserving human dignity in its best form. The relationship between these divine injunctions and human dignity is clearly explained in this paper.

In order to evaluate political theories, one of the contributing factor that has to be taken into account is the way in which a theory is confronted with common interests. The concept of common interests is one of the components thatcan be taken into consideration in assessing the capacity of political theories in terms of political efficiency.The emphasis and views of the political philosophers on this issue are a case in point. Common interest is a question in political philosophy that has been for long a major concern of scholars and researchers and nowadays is considered as one of the chief questions in political philosophy. This concept is also used within the context of political activity as a very important index in evaluating the functions of various groups that are in one way or other concerned with politics. How common interests as one of the middle aims of Islamic government are safeguarded is a major concern of those who theorize on the concept of the guardianship of Muslim jurist and those who makes research on the political thought of Islam. Referring to the works of Imam Khomeini, AllamehTabatabai, Shahid Sadr and Ayatollah Mesbah Yazdi and of the other theorists on the issue in question bear evidence to this fact this issue is of utmost importance. However, in spite of all these emphases and rigorous viewpoints on this important question, much has to be done to show that there are mechanisms whereby these emphases can come to fruition. To alleviate these concerns, it seems necessary to look at the existing mechanisms in the theory of the guardianship of Muslim jurist.

Every revolution, before its victory or after transformation into a political system, passes through different stages. Scholars who are interested in this field of study have proposed different views on this issue. One of the important views is Crane Brinton's theory which is called the theory of themidor or cycle of revolution, because he has tried to give a similar idea about other revolutions through the conclusion he has reached after analyzing four great revolutions in the world. Using a descriptive-analytical method and analyzing Brinton's theory in the light of his works, the present paper tries to criticize and evaluate this theory and point out its defect in analyzing the events of the Islamic Revolution of Iran, especially with regard to the developments that took place after the victory of Islamic Revolution, by conforming it to the Islamic Republic of Iran.

Islamic government is the most appropriate model for realizing real and transcendent human rights due to the unique features of its structure. The structure of Islamic government is designed in such a way that it can, with the sanctions it has, realize Islam's legal system which includes the most excellent human rights with the sanctions it enjoys. The present paper confirms this point, taking into consideration the main features of Islamic government, such as theocentricism, guardianship-orientation, democracy, flexibility, and dynamism, as well as the characteristics which the personnel’s of Islamic government enjoy, such as piety, justice, knowledge of divine law, efficiency, expertise, trustworthiness, and sociability.

Jihad is among the concepts whose peaceful impact on international relations has not been well recognized due to the misunderstanding of its real nature. Preliminary jihad is basically intended to invite others to Islam and in case such an invitation is rejected, war will be declared against those who reject. The condition of the necessity of the elaborate pre-war invitation indicates that the main aim of jihad is to convey the divine words to people. In the foreign policy of the Islamic government, this invitation is manifested in different ways; such as adopting the principle of promoting cordial relations and the principle of benevolence. The peaceful rules of Islam concerning such issues as Zimmi contract and security contract is evidence to the fact that Islam has a peaceful coexistence with the people of all religions, grants them rights for the duties that have been appointed to them, and which Muslims have to observe.Using an analytical – documentary approach and relying on reliable Islamic resources, the present paper tries to prove the aforementioned views.

Among the important subjects related to human rights is the question of the good government which can safeguard human rights. Islamic government is the best type of government that can safeguard human rights becaue of the unique characteristics it enjoys. One of the distinctive characteristics of Islamic government which distinguishes it from other types of governments is its being based on the legitimacy granted by God.The belief in the God-given legitmacy of government includes absolute divine authority, negation of tyrannical governments, statesmen's taking control over it and supervising its work to prevent involvement in personal interests and accomplishment of personal objectives, statesmen's readiness of assuming responsibility and so on. All these cantribute to establishing human rights for human societies.We have tried in this article to prove this mutual relationship by relying on the authentic sources of Islamic fiqh and some texts taken from these sources.

The tolerance theory is one the theoretical achievements of the West which has been part of the political and philosophical discourse of pseudo-intellectual trend in the Third World countries for more than a century. The roots of this theory in the contemporary world must be sought in the Renaissance and the following centuries. John Locke is one of the first philosophers who wrote an independent treatise on this subject. In this treatise, he tries to expound the reasons and causes of necessity of civil ruler's tolerant treatment with different social classes explaining the scope of tolerance and mechanisms to extend it to social life.Expounding the grounds for the appearance of this theory in the Western world, the present paper tries to analyze and criticize its theoretical principles. Giving detailed explanation of these principles does not mean accepting them; rather, it aims at understanding the intellectual backgrounds that encouraged Locke and other theorists of tolerance to present it and promote it.

One of the features of Islamic government, which distinguishes it from other political governments, is the aims and ends according to which Islamic government is formed. The present paper investigates human rights in the light of the aims of Islamic government, using a theoretical-analytical approach. Considering the long-term, medium-term, and short-term aims of Islamic government, the author proves that the nature of Islamic government is completely human-rights oriented, and that achievement of the stated threefold aims chiefly depends on the achievement of the transcendent human rights.

The discourse of justice and development, on which the supreme leader lays special emphasis in the fourth decade of the Islamic Revolution history, demands a proper perception of the relationship between justice and development. Justic in the sense of "locating every thing in its proper place" or "giving every one the right he/she deserves" is administered, only whene government fulfills it own duties.The idea of justice implies that, in an Islamic government justice is never inconsistent with development and it goes side by side with development paving the way to people to attain high degrees of perfection.When government's hard efforts are centred on divine, moral and educational values thus, paving the way to most people to reach high levels of perfection we can say, justice has been achieved because such a government has fulfilled its duties towards its people properly. Therefore, if the Islamic concept of development-which stresses the idea of spiritual development and defines justice as a means of giving each individual or group the rights he/she deseves is-observed, then one of people's rights is achieving spiritual development. In this case, both development and justice will go side by side, and so there is no cortradiction between them.