جستجوی مقالات مرتبط با کلیدواژه « governmental jurisprudence » در نشریات گروه « علوم انسانی »

This article addresses the main question that by using the service provider-served model in interdisciplinary studies, how can we talk about common areas and achievements between discourse studies (service provider) and Fiqh (served) knowledge.Based on this, discourse studies can be effective in the methodological development of the principles of jurisprudence, including in understanding the process of creating knowledge in the logic of understanding religion and the semantic development of the subject of denotation. Discourse studies will enable the development of social jurisprudence by focusing on the recognition of social changes, the development of the knowledge of customs and the development of thematics.This article has discussed the most important achievements of discourse studies in governmental jurisprudence by stating discourse creation in the theory of Guardianship of the  Fiqh (Islamic Jurist).

Speculation in jurisprudence is not considered a special term but is included in the subcategory of business transaction and earning money through buying and selling. Earning money through speculation and buying and selling is in itself permissible if a personal or individual approach to jurisprudence is taken. However, if governmental approach to jurisprudence is adopted as a result of which the effects of judicial opinion (fatwa) can be traced in the way society is managed by the government, and given the fact that the response to a request for a judicial opinion from the government in Islamic societies usually requires such an approach, it does not necessarily end with the same result. In a situation where many profit seekers set the stability of the market as their target by speculating in the currency, gold, coins, housing, car, and even construction materials market and create the ground for harming millions of people in the country, their actions cannot be easily considered as legal speculation. The findings of the current research which were completed by the method based on independent reasoning (ijtihādi) trying governmental jurisprudence approach to the problem, show that if speculation causes disruption of the system and leads the society to a crisis causing instability of the market and prices, it is prohibited, even if a Muslim well-qualified jurist has not issued a ruling in this regard. Likewise, based on the theory of the “discretionary sphere of the Law”, the Islamic ruler can prohibit speculation considering the corruptions associated with such transactions or by determining expediency in the prohibition of speculation.

New international relations have paved the way for non-governmental actors to enter the diplomatic arena, moving beyond states' monopoly. The pivotal role of people as new players in this field is one of the most significant developments of recent decades. Citizen diplomacy is a new type in which citizens act as unofficial government representatives. Since diplomacy, as the forefront of foreign policy in the existing diplomatic space, is designed based on the liberal democracy paradigm, various diplomacy models are implemented accordingly. This necessitates an examination, from the perspective of the jurisprudence of governance in the system based on Islamic jurisprudence, of citizen diplomacy, which is rooted in the elevated principles of traditional and jewel-like jurisprudence. It serves as the foundation for religious governance and the primary variable for producing power and social management by examining it from various angles. In this regard, this research seeks to answer the central question: What capacity does jurisprudential governance, as the grand jurisprudential theory of social management in Islamic governance, possess in the effectiveness of citizen diplomacy? The results indicate that jurisprudential governance, considering its dynamism and comprehensiveness, can, in addition to encompassing all aspects of individual jurisprudence based on the social duty of people in religious governance, define an identity-building and collective mission role for the entire nation. It can act as a disciplined, facilitating, supportive, guiding, and moderating force, ensuring the effectiveness of citizen diplomacy as one of the practical tools of foreign policy.

Khums is one of the most important financial rules of Islam, which many jurists and Islamic economists have introduced as one of the main Islamic taxes and the most important sources of income for the Islamic state. . In the modern government, if the people do not pay taxes, it decides to collect taxes from the people in the people's accounts or deprive them of some citizenship rights so that they have to pay the taxes. This method of obligation to pay tax and guarantee of execution and heavy tax crimes is common in different ways. In Zakat, it is permissible to collect without consent in case of non-compliance. The main subject of this research was the debate on the possibility of the legal obligation to pay khums by the government. The methodology of the article is in response to the issue of the same method of ijtihad with this governmental jurisprudence. The research indicates that, firstly, according to the jurisprudence principles of the government, khums belongs to the Islamic ruler. Also, by examining the Shariah proofs and presenting four reasons, it was proved that the Islamic government is allowed to pay those who do not accept Khums in a certain way from the Shariah point of view. There are two important points in this regard: First, governments, especially the Islamic government, should not only have binding rules to strengthen the inner spirits and heart faith of people. Secondly, this research deals with this issue theoretically and jurisprudentially, and the findings of the research do not mean a policy recommendation for the current conditions of Iran.

Examining and applying the teachings of the two approaches of individual jurisprudence (Feqhe Fardi) and governmental jurisprudence (Feqhe hokumati) in the "legislative field" and adopting an approach that can activate jurisprudence as a source and implement for management of society, is the problem of the present research. Therefore, the central question of the current research, considering the existence of two approaches of individual jurisprudence and governmental jurisprudence in the field of jurisprudential inferences on the one hand, and the necessity of conforming the law by Sharia standards on the other hand, is that which approach can be used to achieve the purpose of Sharia in Social arena? The claim of the research is that by relying on the teachings of governmental jurisprudence in the legislative status (Maqāme Qānungozaari), it is possible to adopt a suitable position in the direction of implementing the purposes of Shari'a. Therefore, relying on the comparative and analytical method, it is shown that by preferring the teachings of governmental jurisprudence, jurisprudence can be turned into an active actor in the social arena, especially in legislation, and by trusting the approach of governmental jurisprudence in the form of content, the laws of Shari'a can be applied and exerted in the society by "Legislation".

Behavioral secularism is the most important cause of economic corruption and the axis of creating oppression and social forms of injustic in the Islamic regime. In solving this problem, internal and external supervision in the form of measures such as drafting laws, putting into effect the supervision of the parliament and the establishment of judicial institutions and centers have always been taken into consideration. However, taking such measures are a fight against what we may call the ‘effect’ and thus not being essential. The present article deals with the question of the source of economic corruption of the governmental agents drawing upon the discretional and the descriptive-analytical method. It also considers the basic strategy to fundamentally confront this devastating corruption possible by re-reading the jurisprudence developed by the Ahl al-Bait. And from the perspective of governmental jurisprudence and of Imam Ali’s method of governance, it regards the prohibition of the economic activities of govrmental agents as a fundamental strategy for fighting against economic corruption, and, accordingly, he believes that the measures taken by the government to prevent its agents from financial activities, which naturally and usually lead to economic rent, and to create a gap between governmental positions and the economic activity of the agents are necessary.

Islamic jurisprudence pays as much attention to social issues as it does to individual and personal circumstances. In other words, Islam is not limited to personal and individual issues, but the social nature of Islam overcomes its individual aspects. Activity in the field of earning money is one of the things that the holy shari'ah pays serious attention to. Making money is not an individual matter, but it affects society. Transactions such as buying and selling smuggled goods in today's societies, especially Islamic societies such as the Islamic Republic of Iran, have caused irreparable damage and have led to the instability of the Muslim market. This study states the jurisprudential ruling of this type of transaction according to government rulings. After the introduction and conceptualization of smuggling, the reasons for the legitimacy of the issuance of a government rulings, and the expansion of its issuance, as well as the obligation to obey and prohibition of opposition to such rulings, are stated. Finally, the opposition of smuggling goods and smuggling transactions will be expressed by government rulings. In the following, the issues of expediency in the Islamic society under the guardianship of the Supreme Leader are discussed. Finally, some of the responsibilities of the government in the Islamic society in opposing smuggling and related transactions will be discussed, taking into account the public interest.

In the field of government jurisprudence, three views can be imagined; Methodological views, subject viewsEpistemologies and perspectives on total inference. The methodological and thematic point of view makes it clear that governmental jurisprudence and traditional jurisprudence are not structurally different from each other. What separates these two views from each other is the perspective of these two views on issues and changes in the type of similar rulings and executive requirements of the government. These theories have been a kind of methodological and thematic broadening from (individualistic view) to (sovereign view), although the nature of these theories is a theme of the existing jurisprudential outlines and issues. Corresponding views on Klinger's understanding contain two thoughts and beliefs. Martyr Sadr's theory, which is based on the premise that the precepts of Islam should never be examined as precepts that are not related to each other and each of them presents a separate command and is independent of the other commands; Because these rulings seem irrelevant at first. On the other hand, if they are examined collectively and as a whole, we find that they are in fact moving in a circle and discovering the basic goals, rules, and theories of Islam, in other words, the foundations of the school. They do. The second theory is related to some writers and the Academy of Islamic Sciences.

The systematic jurisprudence has been proposed among the jurists as a jurisprudence that can meet the needs of government and society. Many differences in its definition among thinkers are mostly due to incorrect perception of Islamic humanities and its relationship with jurisprudence. For this reason, by developing a concept of jurisprudence from minor jurisprudence to major jurisprudence, some have tried to put the issues related to humanities in this regard under the umbrella of jurisprudence and call it the systematic jurisprudence. In this article, after reviewing the existing perceptions of the systematic jurisprudence, the systematic jurisprudence is introduced as a jurisprudence whose approach is systematic, it is a subset of government jurisprudence, the division of issues in it is based on social systems and governance, social systems and governance in it are produced by the Islamic humanities, not by itself, it has systematic features such as coherence and interaction between components, and finally, in each of these areas, there is a general unity that acts as the spirit that governs all the rules and identifies them.

nlike non-religious governments, which are only concerned with providing the worldly welfare of their citizens, the Islamic government, in addition to that, has the duty to provide suitable religious atmospheres. Apostasy is a sin that is indirectly criminalized in Iran's laws, and it is necessary to prevent it because it can disrupt social order, weaken the lofty status of religion, and endanger the spiritual well-being of Muslim citizens.
The decisive prevention of the holy Lawgiver from the point of view of punishment for apostasy indicates the tremendous importance of confronting this crime. However,  what can be concluded from the the laws of Islam and the normative conduct of the imams, in order to confront apostasy, is that preventive social and legislative methods should be used first, and finally, if no other measures work to prevent it, the apostate should be subjected to capital punishment. The present article, relying on the library and analytical method, examines the educational duty of the government in this regard, and by highlighting the causes of apostasy under four general categories, it presents eight solutions so that the Islamic government may, by applying them, reduce apostasy and the renunciation of religious beliefs.

According to the thought of Imam Khamenei, formation of the new Islamic civilization is the ultimate goal of the Islamic Revolution. On the other hand, at the time of the Major Occultation and based on the theory of Wilayat al-Faqih, being an Islamic government and as a result the formation of the new Islamic civilization depends on the sovereignty of Wali al-Faqih and the realization of this important issue is possible in the light of utilizing governmental jurisprudence. However, the question is: What are the roles of Wilayat al-Faqih and governmental jurisprudence in the formation of the new Islamic civilization in the thought of Imam Khamenei?The present article aims at describing the role of governmental jurisprudence and Wilayat al-Faqih in the formation of the new Islamic civilization based on the thought of the Supreme Leader of the Revolution, to do so, this role was analyzed in the thought of Ayatollah Khamenei by using thematic and content analysis method.The findings show that in the intellectual system of Imam Khamenei, as Wilayat al-Faqih and governmental jurisprudence approach were necessary and fundamental in the realization of the first and second stages of the Islamic Revolution (Revolution and Islamic System), they play basic and fundamental roles in the realization of the last stage of the five stages of the Revolution, i.e. the new Islamic civilization.

The progress and development of human society causes new needs, especially in the field of social issues, the need to meet them while maintaining the purposes of Sharia is accepted by the Sharia, if the expediency is approved. The present study is aimed at answering the basic question that: What is the place of public expediency in the rules of Istislah that result in trans-religious governmental jurisprudence? Research findings show that the expansion of human society requires dealing with emerging issues that are based on the public expediency. Therefore, applying systematic Istislah under the authority of the spirit of Sharia is legal and rational and thus this kind of application of Istislah is from the presumptions of Sunnah or rationality that gives the social rulings based on public expediency a trans-religious character, so although Istislah is an unspecified resource, it is a mechanism generally governed by Sharia. Therefore, some Imami jurisprudents in subjects such as insurance, hoarding and intellectual ownership, and the legislator in  issues like public expediency and emerging legal issues that have a governmental aspect, relying on the public expediency, use Istislah in the form of tradition or reason.

The development of passageways, streets and communication networks are the framework of cities in general. They are one of the main factors shaping the structure of the city that play the role of its vital arteries. There is a clear relationship between the development of the city, the growth of its land price, the dynamics and economy of the city, and all the activities of the inhabitants of the city with the passageways network. The development of societies, the expansion of urbanization, and the emergence of many problems and restrictions in inefficient urban contexts, have created the need for policy-making, planning, and the implementation of public and development projects in the urban context. To solve this challenge, improvement and renovation plansconsider widening the passages as one of the appropriate solutions. Regarding the implementation of the principles and rules of these plans or not, there is a conflict between public rights and interests and private rights and interests of individuals. In this study, the reading of ‘LāḌarar’ maxim with the approach of the governmental jurisprudence of Imam Khomeini and Ayatollah Sistani is introduced as the appropriate criterion for solving this conflict.According to this theory, the maxim of ‘LāḌarar’ represents the authority and duty of the Islamic judge (ḥākim al-sharʻ) in denying harm (ḍarar) to the public.Accordingly, there is no doubt that the municipality has public power, but based on the theory of governmental jurisprudence, the municipality is appointed by the guardian-jurist (walī al-faqīh) as the arm of governing. In the course development process, the municipality does not have the right but the duty to widen the passageways. To resolve the conflict between private rights and public interests, the municipality is obliged to act in favour of public rights and interests wherever the denial of harm (ḍarar) to the public is proven, even if it is to the detriment of private rights and interests. The results of this view provide better and greater protection for the general rights of citizens and in cases of refusal and withdrawal, there is no need for a governmental decree, because the plan approved by the municipality, assuming it has legal conditions and the approval of the highest official of this institution, is the same as the governmental decree of the ruler.
Keywords: Widen the Passageways, Urban Management, Conflict of Rights and Interests, the ‘lā ḍarar’ Maxim, Governmental Decree, Governmental Jurisprudence, Ayatollahs Khomeini and Sistani.

Taking into account the differences among theoreticians over the problem of increase in population or decrease in population, this article explores to find an answer to this question that “what can be decided on the problem of human reproduction and population growth if this may result in undermining Islam and in threatening national security?” Drawing upon documentations and with reference to the Quranic verses and traditions, this article has been organized to explain the problem of childbearing and reproduction of generations based on the jurisprudential principles and various Shi’i jurisprudential systems in line with the dissemination of religious values in this modern age. Findings of the research indicate that upon careful deliberation on the collection of the Quranic verses and traditions, it can be claimed that the intellectual and strategic system of Islamic Law in the field of population in the from of a factual proposition and of a permanent policy, is nothing but the quantitative and qualitative multiplication of population which is intended to increas the power and authority of the Islamic community and to establish the Divine religion. Likewise, as reason dictates, one can detect the desirability of proliferation of population, and comes to the conclusion that birth control or population control, when resulting in undermining Islam and threatening the national security, is not permissible. On the contrary, it is necessary to proliferate population.

Regarding the fact that the Islamic Government in Iran has not enjoyed longstanding executive experience, it seems to be necessary to study the structural requirements of the Assembly of Experts for the Leadership. The articles 107 and 109 of the Constitution of the Islamic Republic of Iran make clear that, on the whole, the functions of the Experts are important as far as the Islamic system is concerned. Identifying the functions of the Experts in the field of electing and declaring the Supreme Leader, the mentioned articles in the Costitution show how significant and extensive the concept of expertise is in the Constitution. “Supervising”, which, in fact, finds its real, or rather, legal and jurisprudential expression in monitoring the current leader to make sure he continues to meet all the criteria listed in the Constitution, has a close relationship with the functional nature of the Experts and with the explanation of the position of the Experts, as they have been authorized by the laws to vet candidates for ijtihÁd proficiency, as well as the Muslim Guardian Jurist (wali-e faqih) in the Islamic system. The authority of the Assembly of Experts for the leadership is that of a suspensive (taÞliqÐ) kind. Likewise, the establishment of the think tank as suggested to the Assembly of Experts by the Grand Leader, AyatullÁh Khamenei, and the explanation of the major and significant approaches, including approaches to the fundamental issues of the government and the nation as well as the encouragements to this institution to play a more active and strategic role, are among the cases which help to explain the adopted approach to the issues in this article. In this connection, the writer tries to cast light on some points which make clear the objectives the Assembly of Experts follows to come closer to its Islamic foundations as much as possible.

Natural calamities and certain epidemic diseases are as old as the human history. Nobody alone can cope with natural events such as floods, earthquakes, and epidemic diseases like Coronavirus disease. To cope with them, firm decisions must be made and all governmental facilities should be made use of. The question arises whether the Islamic government undertake responsibilities and perform its duties in these conditions or not. Or the case may be that fiqh does not place any responsibility for these things on the government. According to a set of traditions (riwÁyÁt), it is incumbent upon everybody, including members of the government, to make all their efforts to take care of Muslims’ affairs and resolve their problems. As some Muslim jurists (fuqahÁ) have explicitly stated, taking care of the general affairs of the Muslims are intended by the traditions, and in view of the fact that in the case of social or natural events, Muslims are in more need of help than any other time, they cannot be helped but by their government. Furthermore, regarding the fact that the measures taken by the state are definitely part of the public interests, according to the principle of expediency in Islamic fiqh, the government should assume responsibilities for ensuring public interests.

There is a current maxim in books of jurisprudence labeled as the ‘prohibition of cooperation in sin and aggression’ which has its root in the second verse of the Surat al-MÁidah. However, the maxim is, in fact, part of a universal (general) maxim designated as ‘cooperation’ which has not been fully taken into consideration as a result of a false conception of the whole content or implication of the verse, or rather, because of partial view of its content. In other words, only part of the verse has been brought into focus, which does not give a full view of the whole content of the verse. This problem, which is caused by a personal view of the jurisprudential arguments and rules, has brought about a misconception or a narrow conception of the arguments so that some of these arguments have been the subject of refutation. In this article, an attempt has been made to explore the functions and capabilities of the maxim of cooperation by studying it from the perspective of governmental jurisprudence. Furthermore, functions of the maxim are studied at four levels: formation of religious government, establishment of revolutionary institutions and organizations and lending support to them, legislation and personal obligations.

Execution of religious precepts and managing the important and public affairs is among the duties of the sharia ruler or the highly qualified religious jurist and the arbitrary action as to these affairs by members of society without the authorization of sharia ruler is not acceptable. There are precepts in the Islamic jurisprudence including prescribed punishments whose execution by ordinary people, at first sight, appears to be permitted while if they fall within the competence of the public, this leads to chaos in the society and is, apparently, against public order. The present paper, through case studies on a number of such precepts, seeks to answer the question whether assigning them to the public contradicts the public order or not. The conclusion is that such precepts were issued at a time when the Islamic state was not established and the individual jurisprudence prevailed and private interests were preferred over public interests. However, in situations the righteous Islamic state is established and the social and political jurisprudence prevails, the precepts of the governmental jurisprudence are given priority over the above said precepts. Some precepts which contradict the public order and have been issued due to necessity are restricted to exigent circumstances.  Proving the point that whenever the great jurists have mentioned order they have intended public order is also an achievement of this research which has been performed using library tools and through descriptive-analytical method.

Firstly, the theory of "jurisprudence of social systems" was crystallized by Shahid Sadr in the book Iqtisaduna (Our Economics) and has been reported as a new approach in jurisprudence, in which the Islamic mujtahid, different from the micro and individual view, to jurisprudence and the category of ijtihad, with a systematic and comprehensive view seeks to analyze jurisprudential issues. He or she seeks to infer the "social systems" from religious sources. Therefore, as individual jurisprudence is responsible for expressing individual rules and duties and is responsible to religionize the actions and conduct of individuals in the jurisprudence of the system, while relying on the Rationalists' decision and the mantaghat-al-faragh. As one of the main elements of this approach, the jurisprudence of the system is responsible for infering the rules of governmental and social structures and relations in order to administer the religious and divine management of society. Therefore, the jurisprudence of the system is an approach that creates the government, society and sovereignty, and in the field of jurisprudence and ijtihad, it competes with its rivals."Secular jurisprudence" and "social jurisprudence" are considered as the two main approaches in front of the "jurisprudence of the system" approach. This article, by emphasizing the re-reading of these views and proposing the problems and disadvantages of the approach of the jurisprudence of the system in order to violate them, insists on the conclusion that all the opposite approaches are rejected and do not have the power to resist in front of the claimant approach.