seyyed sajjad izadehi

Political jurisprudence as an interdisciplinary tendency in the field of jurisprudence that deals with political issues and issues, although it has existed in all periods of jurisprudence, however, the establishment of the Islamic system with a jurisprudential approach has emphasized its necessity and has, in the present era, become a governmental approach to governing the jurisprudence, favorably and efficiently, with goals such as managing the life of the religion and the people of the world and responding to all the needs of life. Individual, social, and governmental responsibility for believers and citizens of Islamic society. this interdisciplinary tendency in the field of politics, despite sharing with other political science trends such as political philosophy, political theology, political ethics in the system of issues and political issues, in various ways such as method, end and purpose, resources and audience, relevance. They are different and have different characteristics. however, given the content of interdisciplinary tendencies in the political arena, political jurisprudence should be evaluated in the ranking of political arena tendencies, with a priori rank over political philosophy and political theology and a posteriori over political ethics. although the method of political jurisprudence is subordinate to the method of jurisprudence and uses the method of ijtihad in analyzing and presenting rulings, it has a more holistic approach to reason and a minimalist approach to worship. obviously, the scope of political jurisprudence was subject to the conditions of the time and in the time of the jurisprudence's power, it was responsible for analyzing the individual issues of the jurists and, in the case of the social authority of the jurisprudents, it was responsible for analyzing the different aspects of social and governmental life and administering the system of governing the lives of Islamic society.

Women’s participation in public activities (women’s incumbencies) and the clear role they play in managing the general affairs of society and holding high posts in government institutions has been the focus of attention of different societies in recent centuries, and it has become a fact in many countries. The question of the permissibility 0f the increasing level of women’s participation in political activities became a cause of concern in the early years after the Islamic Revolution in general and in the recent years in particular. This paper investigates this issue by resting on fiqhi foundations and evidence; and apart from exploring this issue in the framework of the teachings of the Qur’ān and the Sunnah, such things like Shari‘ah path, the widely accepted foundations of the wise and, last but not least, judgment of Islamic Law are among the evidence that have received special attention.But in case the evidence proving the permissibility or impermissibility of women's participation in public activities is open to doubt, the implications of practical principle is scrutinized. In the conclusion, though impermissibility of women’s broad participation has not been proved, the weightiness of the idea of permissibility has been established and so in case there is a necessity or worthy expedience, this question can be recommended in the form of a secondary judgment.

Shiʿi fiqh as a long-lasting heritage of the past jurists(foqahā) is formulated and developed on the basis of certain fundamentals and principles which have been capable of meeting the needs of the Islamic society. Although Muslim jurists in various periods and due to some expediencies have paid special attention to the responsibility of answering and resolving religious questions of Muslim believers, this does not imply that fiqh is devouted to the personal affairs of responsible persons(mukallafun), but that the unchanging principles and fundamentals of fiqh are appropriate for the govermental fiqh to be applied by some Muslim jurists in running the affairs of the Muslim society in an efficient way and pushing it towards material and spiritual happiness. With the victory of the Islamic Revolution and the establishment of an Islamic political system based on Shiʿi fiqh, the ground was prepared for the potential and actual emergence and growth of such things as governmental fiqh in the light of priciples and fundamentals of Imam Khomeini's school of fiqh. Imam Khomeini's all-embracing view of fiqh, considering Islamic government as the practical philosophy of fiqh, introducing the thesis of the absolute authority of the Muslim jurist and putting emphasis on such constituents as expediency, time and place, governmental decree gave the Muslim jurists in times of occultation more scope for power and authority to run the desired religious and mundane affairs of the Islamic society in an efficient way which, in turn, will improve the efficiency of the religious system and will further strengthen the position of governmental fiqh in the realm of Shi’i fiqh.

Shii jurisprudence has been always updating and modernized, and provided replies for the needs of time. After victory of the Islamic Revolution of Iran and because of necessity of serious developments required by emergent needs, it has taken essential steps to study issues concerning religious government, and provided replies for various problems in the scope of management of political system, and it is still going in this way. Success in this way depends upon development in various fields of jurisprudence among which issues such as "necessity of rereading ends and objectives of jurisprudence", "development in methodology of ijtihad", "development of juridical resources", "attention to professional study of subjects in inference", and "professionalization of various fields of jurisprudence" may be mentioned. Taking into account the above issues, the present article has discussed modernization in jurisprudence in the present time and its requirements.

As an important branch of fiqh, political fiqh is indebted to the specialized character of fiqh and the special attention given to political issues and fiqhi management of Islamic system. Therefore, having knowledge of the identity of today's political fiqh is important and the acquaintance with its various aspects in the view of religious authoritiesand with the supreme leader's views has special significance. The views of the supreme leader of the Islamic Revolution, Ayatollāh Khāmenie emphasizes on a maximal attitude towards fiqh, on positive perception of politics and positive interaction between fiqh and politics – as opposed to the individualistic attitudes – and on the non- governmental fiqh which focuses on community, a view which corresponds with that adopted by Imām Khomeini.Contrary to the paradigm and framework set for individualistic fiqh which has a narrow scope, and which lays emphasis on the individuals’ affairs, Ayatollāh Khamenie introduces new models in which things like the inference of fiqhi precepts in line with the manner of the adminstration of society and government, considering personal affairs as part of an overall framework for individual and society administration, considering fiqh as a framework including all social aspects and social system – play a key role.