جستجوی مقالات مرتبط با کلیدواژه « حکم متغیر » در نشریات گروه « فقه و حقوق »

Forming an Islamic politic economy as a functional part of Islamic economics which is a result of combining the existing situation of Islamic society and desirable Islamic aims, is conditioned to occur some preliminaries including identifying a method of attributing economic policies to Islam. This paper evaluates the relation of economic policies to Islam in three domains: position, impacts and content. As to the position and effects, Islamic political economy means that the policies are to be driven from recognition of the Islamic society`s situation and to pursue the economical norms and aims of Islam. Regarding the content and structure, the competence of recognizing an Islamic political economy rests on the knowledge of principles of jurisprudence. In this research, five couples of jurisprudential principles were introduced: precept - criterion, unchangeable - changeable, first - secondary, obligatory - conventional, and degree one - degree two. Based on the findings of this research, economical policy is pursuing to maintain the criteria of Islam in the field of economy, and it is a kind of changeable percept; by exercising the first policies in mantaqat al-firagh (the subjects have no specific jurisprudential precepts) and by utilizing the conventional precepts, this policy establishes the necessary contracts and institutions, and by defining the duties of each institution, it forms the behaviors. Each policy utilizes the first titles of precepts in order to identify the criteria and benefits the secondary titles for maintenance of criteria.

In modern time, the rapid progress made by mankind and the emergence of modern needs have led some scholars and jurists to pay more attention to the variables. That is why we are witnessing theories offered by prominent Shia scholars such as late Imam Khomeini (ra), Allamah Tabatabai, Shahid Mutahhari and Shahid Sadr. The most consistent and complete theory offered in this regard is that of Shahid Muhammad Baqir Sadr which is titled Mintaqat al-firagh often translated as vacuum zone or vacancy area. This is one of the titles initiated by him and it is a highly important theory with great ramifications and instrumentality in economics and political jurisprudence. One important area where governmental orders may be issued is the vacuum zone which is an area of Islamic Shari'ah devoid of any mandatory rulings but because of the varying nature of rules, subject matters and titles it is open to legislation by a qualified ruler who is in charge of Muslims' affairs . Governmental orders fall within the jurisdiction of the Muslim ruler, and the vacuum zone refers to an area where the Muslim ruler can engage in legislation taking the expediency and best interest of Muslims into full consideration.