Principles and basic rules of jurisprudence governing negotiation
Author(s):
Article Type:
Research/Original Article (دارای رتبه معتبر)
Abstract:
One of the recurrent issues within Islamic government is the resolution of international conflicts via negotiations. Explanation of extra-religious negotiations'' scope and commitment and adherence to that based on jurisprudence's rules is one of the issues that is rarely researched. The objective of this study is to analyze jurisprudence upstream rules on extra-religious negotiations by relying on Imam Khomeini's duty-oriented perspective and using analytical-descriptive method. Extra-religious negotiation is a necessary primary concept, not a secondary emergency one. Jurisprudence upstream rules include denial of dominance and fitness of behavior rules, which are considered as the consequences of active, not passive negotiations. Active negotiations are rooted in Imam khomeini's duty-oriented perspectives and his lectures. He believed that religious provisions always hold, even if they contradict each other. Therefore, non-Muslim governments can't impose sanctions on Islamic governments within some proper situations. In addition, this study suggests that we should employ some flexible tactics for negotiations within critical circumstances.
Keywords:
Language:
Persian
Published:
Islamic Jurisprudence Research, Volume:14 Issue: 3, 2018
Pages:
581 to 606
https://magiran.com/p1917531