صفحه اصلی|اخبار|درس خارج فقه نظام سیاسی اسلام|تماس با ما
منو اصلی
اوقات شرعی
ورود
نام کاربری :   
کلمه عبور :   
عضویت
چکیده انگلیسی
چکیده انگلیسی تاریخ ثبت : 1390/11/18
طبقه بندي : ,37,
عنوان : چکیده انگلیسی
مولف : <#f:72/>
دریافت فایلpdf :

pdffileبرای دریافت فایل  PDF کلیک نمایید.

متن :

|1|
 
Abstracts
Trans. by Ahmad Reza Jalili
National Authority in the light of `Alawi's Conduct
Editor's Preface

The editorial sheds light on various aspects of national authority as one of
the chief issues in our country today.
Refesring to the unique role of people in national authority, the editorial
considers that strengthening and preserving national authroity consists in two
segments, government and people, including their characteristics and their
activities for developing, strengthening and preserving the national authority
and that even with the most appropriate coditions a government can not
achieve national authority unless people contribute to achieving this aim.
The writer holds that, only in the light of government's good conduct,
national authority proper can be achieved, people's full civil rights
maintained, government's responsibilities performed, stressing the fact that in
a society like ours, with its Islamic and revolutionary characteristics and
values, this important aim can be attained unless the government's conduct
and the process of adminstration were in accord with `Alawi's coduct. Finally,
the writer refers to some chief responsibiltiies of government derived from
"`Alawi's conduct."

Civic Society and Modern Elites:
A Dialogue with Burhan Ghalyun
Trans: Mustafa Fada'eli

In this article, the writer deals with the concept of "civic society" in the
contemparary Arab societies and its relation with the states and intellectuals.
Defining civic society as "anything representing forms and elements that
organize people's lives without the govenment's intervention", Dr. Ghalyun
recounts that the problems of the Arab countries arise from, one: the
government's will to have total control over all affairs, trivial or important,
and two: the tendency of civic society towards independence and setting up
the foundations of their own system of government.
 

 


|2|
 Affirming the idea of the absence of Arab elites' role, Dr. Ghalyun
considers the socio-political system in general and the relationship between
leader and people as the main cause of such a phenomenon, and as a new
formula of an ideal society and a widespread change, he suggests: "We should
have the boundaries of countries or societies open to help individuals and
cultures interact with one another."

Does Apostacy Deserve Fixed Penalty (Hadd)
Muhammad Sorush

The writer in this article deals with the juridical question of apostacy
(Irtidad) and its relationship with the freedom of belief. Having discussed and
fixed" a and )Tahlil( "analysis" ,)rَInk( "rejection" reviewed critically
punishment" (Tahdid), the three approaches for punishing the apostate which
contemporary Muslim scholars offer, the writer expounds on his hypothesis
which is based on the idea that the punishment in question is decided through
a decree by the guardian (wali-e faqih).
Since the Qur'an has not stated what the worldly punishment for apostacy
is, the basic question related to judging the apostate is whether the
Messenger of God punished the apostates because he wanted to "deliver his
message" and "execute a divine decree" or whether he invented judgments and
executed them on the basis of his being a leader of Muslims and having the
right to act as a guardian.
To recogrize the jurisprudential decision of the government, one should
first examine the grounds for sentencing an apostate to death, and then finds
to what extent it corresponds with the fundementals and finally estimate the
consequent advantages and disadvantages and the various conditions in which
apostasy takes place.
An investigution of the grounds for pronuncing the death sentence shows
that at the early period of the setting-up of the Islamic community, apostacy
had an entirely political prestige and was not regarded as a form of converting
beliefs that someone defines based on personal way of thinking; rather, it was
considered to be a movement stirred up by a group of people and with the
intention of strong antipathy to the truth and mainly motivated by the
enemies of Islam to bring about harm to the faith front.
The triadic qur'anic prinples: disapproving duress or coercion as far as
belief is concerned; respecting human lives and lack of the Prophet's authority
over people's faith entail that as long as apostacy only represents a change of
belief and is not considered an "act which causes corruption to spread on

 

 


|3|
 earth" is not a menance to the prophetic government, it does not come into
the domain of the sentence death or the legal guardian's sovereignty. The
question of apostasy which involves various cultural and social conditions, is
of various divisions, each of which has a particular effect.
The Islamic government, too, due to the conditions in those days and the
various conspiratorial devices of the enemies, called for strict decisions
against the apostates.
Through the evidence mentioned above, we have come to hold that the
amount of punishment of the apostate which stems from the sentence
pronunced by the Islamic government is not only determined by the Islamic
ruler, but its principle is that the execution of this punishment is sanctioned
by the Imam. Furthermore, there are some instances in the traditions and
jurisprudential texts handed down to us and which confirm the qur'an's
flexibility in determining the punishment of the apostate.

Election Theory Views of the Locus of the
Assembly of Experts (Majlis-e Khobrigan)
Muhammad Javad Aasta

In this article, the writer expounds on the locus of the Assembly of Experts
in terms of election theory, stating that, according to election theory, the
clearest way of manifesting public or common concent is the participation of
all people in electing their own leader without being supervised by the
Assembly of the Experts and that the safest and best thing to do is to have a
two stage election.
The researcher makes further study on the various assumptions in the
election theory regarding "the case of having a number of people who are
ideally suited for leadership" and concludes that considering the assumption
of this theory that "public acceptibility" is one of the requirements, then in
case of having more than one person who, in addition to the public
acceptability they have, are more identical in every aspect, there will be no
other way than to be free in taking decision (takhyir) and if all those who are
qualified for being elected as a leader are identical in as far as public
acceptability is concerned, but different in certain other qualifications, then
exertion of preference will be required. However, if one of the qualified
individuals enjoy a certain characteristic which distinguishes him from the
other (or others), then the Assembly of Experts is to be consulted to
determine the priorities as circumstances require, and people will be satisfied
with the decision taken by the Assembly of the Experts.

 

 


|4|
 

Freedom of Political Opponents
(Adversaries) in Imam `Ali's Government
Muhammad Hassan Sa`idi

Part Ii. Freedom of Thought and Freedom of Belief
The first part of this article was published in the issue no. 17 of the
periodical "Islamic Government". The writer's idea of a "freedom of thought"
is that man's thought is of special mechanism which can be subjected to
prohibition or control by means of exercising armtwisting or imposing
limitations. Therefore, the idea of multiplicity of thoughts should be
recognized as an undeniable fact. One is, undoubtedly, able to find his way to
other people's way of thinking by having a good understanding of man and of
the regulations governing the mental and spiritual processes and oriantate
them. Hence, we see that, through his calls, Imam `Ali (A.S.) stressed on such
things as meditation, guidance and orientation of thoughts.
As for freedom of belief, the appropriate way of encountering other
people's ideas is to exchange ideas with them. A careful study and
investigation of Islamic history reveals that Islam has not made use of the
sword against false beliefs for the purpose of establishing a true belief, but
to stand against oppression and injustice and save people from dictatorial
tyrants. This does not mean that there is no distinction between truth or
falsehood; it means that the truth front aims to preserve the rights of the
others to have their own beliefs,taking no negative attitudes like aspersions,
punishment, and limitation against others on account of their own beliefs.

Social Changes and Their Role in
Jurisprudential Theories
Muhsin Araki

To begin with, the writer sheds light on some topics such as jurisprudential
of validity the ,kinds its and )precept tظshar( decree judicial ,theory
jurisprudential theory in terms of discrepancies and the origination of
discrepancies in jurisprudential theories.
The writer believes that a change in a jurisprudential theory in the sense
that another juridical decree will emerge, not the sort of change caused by
social changes under the litle of Naskh (abrogation), can be divided into three
kinds:
A. A change in the actual decree or precept implying a change in the text
of divine actual decree other than discretion and deduction, independent

 

 


|5|
 reasoning (Ijtihad) or the jurist's judgement can have no influence, is of four
types:
(1) A change in the whole juridical decree resulting from a change in its
general subject matter.
(2) A change in the juridical decree resulting from a change in the
exemplification of its subject matter.
(3) A change in the whole juridical decree resulting from a change in the
Object it denotes.
(4) A change in the juridical decree resulting from a change in the
exemplification of the Object it denotes.
B. A change in the external juridical decree wherein jurist's discretion and
deduction is subject to changes, not the decree as such.
As a result of certain social changes, a jurist's concept of a proof (dalil)
sometimes changes. This may be due to the different indications viewed by a
jurist about a juridical proof, discovering to what issue a juridical decree is
related, discovering its governmental identity, discovering the various possible
meanings or senses which a proof has, and the jurist's attempting to get
familiar with a new meaning of the term (lafz)or attending to the rational or
ordinary requirements of the sense. In this way, new exemplification of a
single sense (concept) may appear with the passage of time and owing to the
increasing complexity of socil relationships and the emergence of new
potentialities and requirements.
C. Govermental change
Governmental decrees are in essence temporary and dependent upon
some circumstances like time, place, and social interests. So, social changes
have greater effect within the area of governmental decrees than they have
within the area of actual decrees or discretional external decrees.

Legitimacy: Simple or Compound
AbbasPasandideh

Stating the fact that every theory is formed on the basis of rules, develops
in a certain atmosphere to yield special fruits, the writer remarks that his
topic revolves around the criteria of legitimacy in the system of Imamate
(leadership) and guardianship (vilayat), not around the theory of legitimacy in
democratic system . Thus, by legitimacy, he takes rightfulness to mean
legitimacy. He observes that in the western world, coming to power and
having the right to rule are viewed as identical. However, according to the
religious thought, the process of determining the rightfulness of rulership is

 

 


|6|
 not identical with the process of having the power as ruler. In addition to
this, in Islam, legitimacy, as a criterion, is required for determining the way
a ruler has to follow each of the above - mentioned three different legitimacy
patterns. In Islam, significance of legitimacy pattern for a ruler lies in the
principle that one's right to rule is determined by God, the Almighty. Thus,
legitimacy which is a criterion of appointing a ruler is not meant to set up
limits but to guarantee a kind of prevention without which one may go astray.
Those who consider "election" as the criterion of legitimacy are mistaken
because they evaluate the process of having right to rule through the process
of gaining authority as ruler. The legitimacy of gaining authority involves two
aspects:
1) Gaining power whose legitimacy pattern is based on ruler's right to
determine human future. Thus, the criterion of its legitimacy is "election by
people".
2) "People's election" whose legitimacy pattern is based on one's right to
rule determinel by God and the criterion of its legitimacy is "acceptance of
the divinely - appointed rulern".

Freedom From Ayattollah Muhammad
Bagir Sadr's Viewpoint
`Abd al-karim `Ale Najaf

Tarns: Abdollah Amini and Mahdi `Alizadeh
In this article, the writer, making use ot Martyr Sadr's works, offers a brief
account of his thoughts and innovative views of freedom, contrsting them
with the western concept of freeclom.
For the writer, Martyr Sadr considers the Islamic view of freedom to have
a negative sense, that is, "rejection of authority and being under the control
of the others", and distinguishes it from the positive sense of freedom as it
is understood in the west, i.e., "having control of man over himself and over
his will". He mentions the role of man's will in changing the course of history
and society.
According to Martyr Sadr, the doubtful view that a "religion, as such,
rejects freedom" is a mere fallacy in consequence of the relationship between
the church and scientists, ignoring that these cases of deviations are from
among religious facts. In response to the doubtful view that "man's freedom
has nothing to do with religion or with schools of thought", he confirms the
idea that there is a relationship between religion and freedom.
The writer, then, recapitulates Sadr's most significant discussion on social

 

 


|7|
 matters considering that there are two ways of social political freedom and
each way leads to two things: one is the idea of "man's hegemony or
dominance over one's self and the other is of "God's hegemony over man".
The writer eventually discusses the concept of a freedom of thought" and "the
essential role of monotheism in freedom" from Martyr Sadr's viewpoint.

Relationship between People and Ruler
from Sheikh Tusi's Point of View
Seyyed Muhammad Reza Musawian

Any government has to think of gaining people'sgeneral acceptance which
ensure its continuity. Thus, mutual rights or duties of both ruler and people
can be identified so that one can judge whether the government's policy is
right or not.
For Sheikh Tusi, people and ruler, taken for granted that the government
is legitimate, should assume certain responsibilities towards each other. On
the one hand, it is incumbent upon all people to support the ruler so that he
can perform his duties as a ruler and on the other hand, a leader is bound to
respect people on account of their status and attend to their general needs
working for the welfare of citizens and also consult with the citizens.
Furthermore, both the leader and the community share the duty of
enjoining good and forbiding evil.
According to the Shi`ite scholars' political thought, which stems from pure
religious doctrines, any political power other than the authority of the
Prophet Muhammad, that of the Infalliable Imams or their rightful successors
is unjust.
Taking this principle into consideration, Sheikh Tusi does not approve of
any steps taken to strengthen the tyrant's power. In his view, giving financial
support of any kind to a tyrannical regime or government is strictly forbidden,
but except for certain trade purposes it is permissible and when the Islamic
community is threatened by an enemy, the citizens are allowed to take part in
.tyrannical is ruler the if even )dَjih( war holy the
Accepting any posts, whether political, juridical or financial, in an
illegitimate government by those who are able to execute the religious
precepts is permissible, and exceeding the limits in unnecessary occasions is
strictly forbidden.

 

 


|8|
 

The Role of people in Religious
Government A Critique of the Article:
Attending to Public Poll and People's
Attitudes from Imam Ali's Point of Uiew
Muhammad Mahdi Behdarvand

The writer seeks in this article to respond to the view proposed in the
article entitled "Attending to Public Poll and People's Attitudes from Imam
Ali's Point of View" in the issue no. 17 of the periodical, "Islamic
Government" in which the writer of the mentioned article thinks that "without
obtaining people positive poll, a ruler, though he be legitimate, will have no
right to exert his authority on people."
Stating that, from religious or divine view, the source of legitimacy of
government is the Divine, and that no other source of legitimacy of the
rulership has been detected. The critic reviews and criticizes the evidence
words Ali's Imam to Refering .presents theory mantionedنabove the which
on "concilling" and "allegiance", the critic concludes that the writer's claim
is groundless.

Secularism in the Arab world A Review
of Eleven Books on Secularism
Hamid Riza Shari`atmadari.

This article reviews eleven books on "secularism" elaborating on its
foundations and criticizing them. It also points to the histoical development
of secularism in some Arab countries, especially Egypt.
This collection of books is not only concerned with discussing secularism,
especially in the Arab world, but it may also contribute to a better
understanding of the books written on this subject.
The writre provides the reader with a brief account of each of the books
and offers his own remarks on the contents of each one.

 

 

تعداد نمایش : 2126 <<بازگشت
 

 فهرست مجلات فصلنامه حکومت اسلامی بصورت فایلهای PDF

 

 

 فهرست کتاب ها 

 

 

درس خارج
«فقه نظام سیاسی اسلام»
استاد: حضرت آیت‌الله محسن اراكی دام‌عزه

         کلیه حقوق برای مرکز تحقیقات علمی دبیرخانه خبرگان مجلس محفوظ است.

صفحه اصلی|اخبار|راهنمای تنظیم و ارسال مقالات|کتاب ها|فصلنامه|درباره ما