جستجوی مقالات مرتبط با کلیدواژه « fatwa » در نشریات گروه « علوم سیاسی »

The most important condition for an Islamic state lies in the correspondence of the legal system of the Islamic state with religious principles and standards. This debate has been going on for a long time, from the Mashrooteh era to the present day, and it has been intertwined with the basic question of the necessity and whatness of the norm for perceiving the religious quality of the Islamic law. This research, using the analytical-critical method and intending to answer the question, tries to reach an answer befitting the Islamic system by delving into the ideas of this field and criticizing and evaluating them. This answer is based on the presupposition of the systematicity of Islamic thought, the feasibility of acting on the ruling jurist's fatwa, and its comprehensiveness and breadth compared to other pertaining viewpoints. Therefore, the fatwas issued by the ruling jurist with regard to conditions, place and subjective extension is the closest fatwa to the public interest and, thereof, the most applicable one for Islamic state`s legislation.

The purpose of this study is to investigate the validity of the council in fatwas and rulings. For this purpose, to show the validity of the council in the fatwa and ruling, various rational and narrative reasons have been cited, with a descriptive-analytical method. These reasons are: "The rule of reason to make the result of the council more convincing", "Quranic verses", "Narrations" and "The way of the wise". "Commitment to the object and commitment to its accessories", "Rational rule of preference over the preferred", "The basis of order in the age of absence", "Society's guardianship over the individual", "Collective agreement on the validity of the majority vote" and "Avoiding discord and division". One of the reasons for proving the validity is the majority vote that have been discussed in this study.From all the rational and narrative reasons, it can be concluded that the council is valid in a wide area and following the opinion of the council of experts is not only valid, but in many cases it is preferable to the opinion of the expert. There is no problem with the inclusion of the reasons for the validity of the council in relation to the fatwa and the judicial or provincial ruling, unless the reasons for the validity of the fatwa or the judicial ruling and the provincial ruling require otherwise.

Iran’s contemporary history has been replete with various crises, difficulties, insecurities, and more importantly, it coincided with the peak of colonialism hegemony. Theorists and historians recognize the Qajar dynasty in contemporary Iran as the worst part of our history. This historical period coincided with industrial revolution in the west, expansion of colonial power, and weakness of the exploited countries like Iran and this has caused more insecurity. Shameful contracts with Russia and the UK on the one hand, and Iran’s occupation on the other hand, made Shi’ite Islamic scholars fight against these insecurities, by issuing some Fatwā, statement, speech, and letters. The present study seeks to analyze the effect of Fatāwā by the Islamic scholars in the Qajar dynasty on Iran’s national security in the light of concepts and meanings using a descriptive-analytic method.

Politico-social role of religious authority and especially Shiite scientists, in the history of Islamic societies has always been prominent and determinative. This role is illustrated in the historical scene of Islamic and especially Shiite societies, in a task-oriented status and for the protection of political, economic and cultural independence of Islamic societies and resistance in front of the foreigner's greed. Shiite authority, having the instrument of Ijtihad in the two aspects of Judgment and sentence, as the two important components of power, not only breaks the grandeur of colonialism and arrogance and cuts their interference in the internal affairs of other countries, but also carries an explicit message to human societies, putting stress on the establishment of justice and divine teachings, the right of freedom integrated with human responsibility in front of God, fighting all exponents of ruin and corruption that weaken the status of peace and security, paying attention to multi-directional rights of man's children from any race and religion, negation of foreign arrogance in political, economic and social areas, the right of defense to the assault, supporting the world's Moslems and oppressed, and etc.In the present paper, the status of religious authority as one of the important sources of power in Islamic Fiqh system and its two important components which are themselves sources of power, are investigated. The especial approach in this jurisprudent study is these status and components.

The dynamic jurisprudence of Islam based on religious epistemological system is capable of providing man with rational rules to reconcile “authenticity” or “originality” with “contemporariness”. On this basis, jurisprudents can first interpret and analyze social issues, and, then, find appropriate responses using jurisprudential sources. To that end, they use rational and traditional (narrations) sources moderately but not radically because a petrified interpretation of religion is a bitter result of extremist attitude toward wisdom. From among the newly emerged phenomena, the modern-day man is facing the challenge of the concept and subject of “weapons of mass destruction”. In this paper attempts have made to review the whyness and whatness of the jurisprudential-legal theory of the Leader in prohibiting “production, proliferation, accumulation and use” of the weapons of mass destruction in line with supporting immunity of mankind against this dreadful phenomenon. Upon Barack Obama’s reference to this Fatwa and approval of President Hassan Rouhani’s idea of “world against violence and extremism” at the United Nations General Assembly, the subject has become very important. This study is an effort for conceptualization of Islamic cosmology and anthropology that provides answers to four essential questions: objective necessities for presenting such a theory; important legal international issues; national, regional and international commitments to this Fatwa; and the opportunities this theory provides for non-violence activists and those opposing weapons of mass destruction across the world

The Islamic revolution has presented many new political as well as legal issues before Muslim scholars. One of these problems is the quality of the relation between jurisprudents and the Islamic ruler in the political system of Islam. In this system، the fully qualified jurisprudent at the head of the Muslim community is the legitimate ruler of the society. However، there are other fully qualified jurisprudents in the Muslim community eligible to give fatwas. The ruler of the Muslim community as the deputy of the infallible Imam has certain authorities from him. One of these authorities is issuing governmental rulings. Occasionally there is a governmental ruling in conflict with the ruling or fatwa of other jurisprudents. Studying this problem، the present article explains the relation of governmental ruling with the rulings and fatwas of jurisprudents. It would determine in what cases the governmental ruling of the legitimate ruler can be reconciled with the rulings and fatwas of other jurisprudents so that the latter and their followers can practice not only their own rulings and fatwas but the governmental ruling. It would also discuss in what cases it is not possible to reconcile between the rulings and fatwas of jurisprudents and the governmental ruling.