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چکیده انگلیسی
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78

ISLAMIC GOVERNMENT

(Hokumat-e  Eslami)

 

Special  for Islamic Political Thought and Jurisprudence

Vol 20, No. 4, winter 1394/2015

 

Proprietor: the Secretariat of the Assembly of Experts (of the Leadership)

Managing Director: Seyyed Mahmoud Hāshemi Shāhroudi

Editor-in-chief: Seyyed Hāshem Huseini Busheri

Deputy of the Editor-in-chief: Muhammad Ali Layali

Assistant Manager: Hadi Tohidi Rad

Editor: Hassan Beygi

 

Editorial Board (in Alphabetical Order):

Dr. Ahmad Ahmadi (Professor at Tehran University)

Dr. Ahmad Beheshti (Professor at Tehran University)

Dr. Hassan Ruhani (Ph.D in Law)

Ayatollah Gholamreza Fayyazi (Full Seminary Professor of Philosophy)

Ayatollah Sadiq Amoli Larijani (High Academic Professor at the Seminary of Qom)

Ayatollah Misbah Yazdi (High Academic Professor of philosophy at the Seminary of Qom)

Ayatollah Muhammad Mu’men (High Academic Professor at the Seminary of Qom)

Ayatollah Muhammad Yazdi (High Academic Professor at the Seminary of Qom)

 

Mailing Address:

Qom:P.O. Box 3317, Islamic Government Journal

Telefax: 37741325

home page: http://mag.rcipt.ir

e-mail: hokoomateslami@majleskhobregan.com

Price: 30000 Rials


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ABSTRACTS

The Nature of ‘Security Jurisprudence’ and ‘Jurisprudence of Security’

: by Abulqāsim Alidūst

‘Jurisprudence (fiqh) of security’ and ‘security jurisprudence (fiqh)’ are the new jurisprudential domains in the context of discourse and theorization. Jurisprudence of security is, in fact, an investigation into the normative way in which religion looks at security. Security jurisprudence is a description of the setting in which jurisprudence occurs as far as security is concerned. These two have general and particular methods. In terms of general method, it is necessary to pay attention to the methods and requirements of jurisprudence as a discipline including proceeding from making personal judgements from the reliable documents and preserving the four well-known sources in jurisprudence. In its particular method, jurisprudence of security does not rely upon dogmatism and tries to focus on second deduction. As for the security jurisprudence, it is necessary to explore and study the domain of security through a systematic method and speak of its various aspects in detail.

Key words

            jurisprudence (fiqh), security jurisprudence, methodology, lack of dogmatic opinions, second deduction, systematic study, cellular stu



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Strategies to Ensure International Security from the Islamic Perspective

: by Muhamad Riḍā Bāqirzādeh

This article seeks to deal with the strategies introduced by Islam to ensure international security. These strategies, no doubt, can play a significant role in establishing and promoting peace among nations and ensuring international security in a practical way. Regarding the fact that Islam is a divine religion based on theocentrism and belief in one God as the creator of the universe and man’s servitude, it regards security not only a right but an obligation. To pave the way to ensure security as a strong obligation, Islam confers powers to certain individuals. To exercise power and authority, it does not think it enough to delegate power and authority to a certain individual. Rather, it suggests a collective action, effort and responsibility. Security increases when the ground is paved for it. Therefore, Islam proposes to have spirituality and justice in society as the substructures for security. On the other hand, promoting rationality lays the foundation for ensuring security. Islam has offered peace as the excellent opportunity to ensure security and supported lasting peace. To face the threats to security, it encourages the establishment of an efficient system of penal code. To firmly ensure security, fighting against the ideologies endangering security is the first high item on the Islamic agenda. Islam considers the structure of the hegemonies as the greatest threat to the international security, trying to put up a fight against them. All in all, having enjoyed a holistic or universal view of the things, Islam encourages and lends support to the ideal of a single human community or ummat-e wÁhidah for the attainment of security.

Key words

            international security, Islam, peace, justice.

 



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The Governmental Theory of the Occultation Period According to Sheihk Mufid

: by Murtiḍā Imāmi, Muhammad Jawād Sartakhti, and Muhammad Ali Layāli

The governmental theory of the Occultation Period in the thoughts of the Shi’i jurisprudents (faqihs) is based on a series of theoretical principles according to which one can recognize Shi’i jurisprudents’ views of the government in the Period of Occultation. Some of these principles are taken to be among the definite principles agreed upon by the majority of jurisprudents. Sheikh Mufid is one of the early distinguished Shi’i jurisprudents who has raised some speculations on government and holds certain views about the rule and government in the Period of Occultation which can be recognized and reformulated in the Shi’i political thought and jurisprudence.

     Sheikh Mufid’s theory of government and sovereignty in the Occultation Period rests upon certain principles and elements which can be recounted as the following: 1. A maximal view of religion. 2. Comprehensiveness of religious judgements (rulings); judgements being of two kinds: newly passed and confirmed previously established. 3. They extend to cover all aspects of personal and social lives. 4. The explanation of the position of reason and its scope in governmental principles. 5. Rule over people is exclusive to God. 6. The pronouncement and enactment of the Divine laws and commandments are entrusted to certain righteous people who are also appointed as rulers by God, this being the extension of the rule and sovereignty of the Infallible Imams; and 7. The priority of the rule of a Muslim jurist in the Period of Occultation according to the rational and textual reasons.

This article seeks to explain the principles of the rule and sovereignty in the Period of Major Occultation in accordance with the views of Sheikh Mufid.

Key words

theory of government, the guardianship of the Muslim jurist, Sheikh Mufid, the Period of Major Occultation.

 



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The Origin and Nature of the Principle “that no person has any naturally-vested power over any other person (the principle of the autonomy of the individual)” in the Shi’i Political Thought

: by Ahmad Tāheriniā  

One of the undisputable principles proposed in ShiÝÐ fiqh for which arguments have been given in various cases is the principle “that no person has any naturally-vested power over any other person (the principle of the autonomy of the individual)”. Although in various fields of fiqh, Shi’i jurisprudents (faqihs) have made recourses to the arguments for the principle in question and issued verdicts (fatwa) in support of it, they have not spoken so much of its origin and nature. Given the importance of this principle in ShiÝÐ fiqh, especially in discussions on the government and politics and its effect on the rejection or affirmation of certain governmental positions for women such as being a leader or a judge, it seems necessary to speak of the nature and origin of the principle. Seeking to elaborate on the nature and origin of the principle, the present article explores the expositions faqihs have given for the principle and comes to a conclusion that the principle in question has its roots in the doctrine of the unity of Divine creative power. Therefore, the principle in question in the Principles (Osul) terminology is taken to be a legal argument, an imÁrah (an evidence which leads to a speculative reasoning) and as such a fact/truth revealer, rather than a practical principle which serves to make the person responsible for his religious duties (mukallaf ) free from bewilderment and confusion.

Key words

guardianship/authority, imÁrah (an evidence leading to a speculative reasoning), the principle “that no person has any naturally-vested power over any other person (the principle of the autonomy of the individual), essential guardianship, accidental guardianship.

 



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The Article 113 and the Responsibility of Implementing the Constitution

: by Alirīḍā Zamzam

The article 113 is one of the challenging articles of the Constitution of the Islamic Republic of Iran. In this article, the President has been delegated to carry out three responsibilities: 1) to be the highest official after the office of Leadership, 2) to act as the head of the executive and 3) to undertake the responsibility of implementing the Constitution.  The main question here is “What responsibilities fall within or outside the President’s domain concerning the implementation of the Constitution as stipulated in the Article 113?” In answering the question mentioned above, three suppositions can be made: 1) The responsibility of implementing the Constitution includes all the articles of the Constitution; in other words, the President has the power to supervise all governmental institutions and organizations. 2) The responsibility of implementing the Constitution is restricted to the three powers; that is, the President has been entrusted with the task of supervising and controlling all the three powers in terms of his responsibility of implementing the Constitution and 3) the responsibility of the President as the head of the executive falls within the executive.

According to the writer of the article, the responsibility of implementing the Constitution is restricted to the executive in its proper sense. Having made a critical study on the first two suppositions, the researcher has put his view of the subject in question to test to see what conclusion he can obtain.

Key words

the Article 113, the power of the President, the responsibility of implementing the Constitution, the Council of Guardians, the executive

 



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A Look at the Distinctions between the Rationality Governing an Islamic Government and a Secular Government

: by Mahdi Qurbāni

Rationality is regarded as one of the most widely used and fundamental concept in discussions of political life. Following the thoughts and views focusing on the challenges raised between religion and politics, rationality has received considerable attention. Thus, it seems important to study the distinctions between the rationality governing an Islamic government and the rationality intended in relation to secular governments, for in an Islamic government any form of rationality cannot be taken as the basis for theory and practice. By rationality it is meant to carefully follow sound reasoning, or rather, reasonable thought. Generally speaking, rationality has been categorized into theoretical and practical rationalities. The doctrines and tenets related to an Islamic government are characterized by theoretical rationality and the acts of the Islamic government, and its agents are characterized by practical rationality. Theoretical rationality is concerned with knowledge, existence, and human being. In contrast, practical rationality is taken into consideration in terms of political aims and behavior. In the above-mentioned two areas, the rationality intended by an Islamic government is distinguished from the rationality governing secular governments. In certain cases, the former rationality takes the data of the rationality intended by secular governments as minimal and proposes that it be completed and in some other cases supposes its achievements radically insignificant and proposes a completely different theory or paradigm instead.

Key words

rationality, practical rationality, theoretical rationality, Islamic government, secular government.

 




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Social Seditions and the Working Methods of Dealing with Them

 by Riḍā Mahdiānfar

Sedition in social fields means turbulence, division, conflict, and even killing. According to the Holy Qur’an, sedition is more serious than killing. Based on the Qur’anic verses and traditions, the world of Islam will pass through seditions and plots, but God the Almighty and His Messenger have already shown the way out of them. Thus, if we look at the issue of sedition from a historical perspective, the roots of social sedition can be taken to be in the conflicts and disputes over the rule and the succession of the Messenger of God (may peace be upon him and his progeny) to whose consequences the Qur’anic verses and traditions have given admonitions. To overcome these plots and seditions, there would be no way other than returning to the teachings of the Holy Qur’an and Itrah (the Infallible Imams), the real successors of the Prophet. From among the working ways to confront the seditions and plots one can enumerate the following: the authority of the Islamic ruler, recognition of the capacities of the Muslim community such as the heads of the nomadic tribes, people-based organizations, and the like, illuminating preaching of the Muslim scholars, deep insight into the enemies’ plots and full awareness of the beliefs and thoughts of the Islamic denominations. These working ways along with contemplating the Qur’anic verses and the traditions narrated by both Sunni and Shi’a scholars can help to deal with seditions and plots. This research has been conducted drawing upon library method as well as descriptive -deductive approach.

Key words

     social seditions, sedition in the Qur’an, sedition in traditions, roots of esdition.

 


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