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News > Islamic Government No.80


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The Quarterly Journal

Islamic Government No.80

ABSTRACTS

 

The Jurisprudential and Legal Mechanisms of Governmental Powers Control in the Thesis of the Absolute Guardianship of the Muslim Jurist

: by Murtiḍā ‘Alawiān and Farzād Husseini

 

With the advent of the Islamic Revolution of Iran and the establishment of the Islamic Republic, Imam Khomeini, as an all-competent Shi’i Muslim jurist took the opportunity to formulate an innovative control mechanism within the framework of the thesis of the guardianship of the Muslim jurist in its absolute form and introduce it into the Islamic constitution in order to pave the ground for the Muslim jurist to act freely in accordance with the authorities defined under the rule of the Infallible Imams. This puts the powers governing in the Islamic Republic of Iran under the supervision and authority of a supreme Muslim jurist who is supposed to rule the Muslim community. The basic question is this: ‘Given the fact that the Muslim jurist or faqih has a vast authority in an Islamic government, how can such a government safeguard the laws and make the governmental powers follow their natural course? Taking the thesis of the absolute guardianship of the Muslim jurist as its theoretical basis, the article comes to the conclusion that “the guardianship of the Muslim jurist, seeking help from the legal controls over the powers in ways as anticipated in the Constitution.  It also seek help from some other essential ones which are beyond the realm of laws concerned with the absolute authorities defined for the Muslim jurist under the title “solution of the problems of the government that cannot be resolved in usual ways (anticipated in the laws).  These latter ones which are stipulated in the Constitution serve as a fortification against the government powers’ possible violations of law.

 

Key words

     power control, Constitution, absolute guardianship of the Muslim jurist, legal controls, controls beyond the realms of laws.

 

 

The Nature of Management Fiqh (Fiqh al-Idārah)

: by Hassan Riḍāī

 

Management fiqh’ as one of the branches of fiqh is of distinguished position. It deals with the idea of producing and deepening necessary literature for creating systems in the realms of Islamic management and of the way in which it can be enriched. Management fiqh seeks to provide the necessary frameworks for Islamic management and discussions on management as a discipline drawing upon a fiqhi approach as well as a method based on personal judgment (ijtihÁd) in order to arrive at certain scientific and methodological answers, being formulated in a comprehensive system, thus paving the ground for making speculations and creating systems based on fiqh in the realm of management from the Islamic perspective.

     In this article, an attempt has been made to provide records on the necessary prerequisites for gaining access to fiqhi views on the Islamic administrative system, to demarcate administrative fiqh among other philosophies or branches of fiqh and, last but not least, to explain the implications of creating appropriate literature and scientific propositions about theorization and administrative system creating.

 

Key words

            fiqh, social fiqh, humanities, fiqh of administration, Islamic managerial system.

 

 

Comparison between Ayatollah Jawādi Āmuli and Ayatollāh Misbāh-e Yazdi’s Views on the “Arguments for the Guardianship of the Muslim Jurist

: by Muhammad Mahdi Nāderi

 

The guardianship of the Muslim jurist’ as an Islamic political theory in the period of Major Occultation has been advanced by the ShiÝi jurists (faqihs) and scholars. They have offered different arguments, rational as well as transmitted (textual), for it. In contrast, there are some who have been opposed to it taking the proposed arguments insufficient to establish it. In the present circumstances that a system of government has been formed on the basis of such a theory, it is essential to explain and expound on the arguments used to establish this theory.  Among the contemporary well-known jurists and religious scholars, AyatollÁh JawÁdi Àmoli and AyatollÁh MisbÁh Yazdi are distinguished figures whose ideas and views, both in religious schools or seminaries, universities and academic circles, attract special attention. Thus, the comparison between the views of these two prominent figures on the arguments for the establishment of the thesis of the guardianship of the Muslim jurist can shed light on some of the scientific considerations on the discussions about the subject in question and the intricacies involved, contributing to the explanation and establishment of the thesis. Therefore, taking this aim into consideration, the present article tries to study and make a comparison between the ideas of these two figures about the arguments for the guardianship of the Muslim jurist drawing upon the analysis of arguments presented by these two scholars and a rather careful and thorough study of the works by these two figures.

 

Key words

guardianship of the Muslim jurist, Ayatollah JawÁdi Amuli, AyatollÁh MisbÁh Yazdi.

 

 

 

Foundations of Political Sovereignty in the Holy Qur’ān

: by Sayyed Husain Sayyed Musawi and Aliriḍā Muhammadī

 

Sovereignty is the supreme commanding power which ensures the responsibility of making and enacting laws and judgment within its own internal territory. It is also independent of foreign countries at an international level. Given the fact our nation and political system is Islamic, the true exposition of sovereignty from the Qur’anic point of view, in addition to clearing up doubts, has an important effect on strengthening the foundations of the government, developing and regulating orientations, conducts of a political system and the agents. In this connection, the present research work, proposing the question, “What is the origin of and criteria for exercising authority and political sovereignty from the Qur’anic perspective?” and studying the various aspects and indices of sovereignty, seeks to trace these indices in the Holy Qur’an and its exegeses and concludes that from the Qur’anic point of view, political sovereignty is of divine origin. In other words, it has its roots in revealed and cosmic Sovereignty of God (Divine Lordship). Accordingly, the exercise of political sovereignty and supreme authority in legislative, executive and judiciary realms as well as in matters related to foreign policy can be accepted only within the framework of religious precepts and regulations. Other governmental mechanisms and the national sovereignty gains its meaning along with the Divine Sovereignty.

 

Key words

sovereignty in the Holy Qur’Án, political sovereignty, foundations of sovereignty, political thought of Islam, principles of sovereignty.

 

 

 

A Comparative Approach to the Political Thoughts of Muhaqqiq Karaki and Saint Augustin

: by Muhammad Jawād Nowruzi and Meitham Ne‘mati

 

Public rights is one of the pivotal issues posing a serious challenge to a religious system of government in facing secular thought. This article aims to explain the religious thought in the realm of public rights, and to study points of similarities and differences between thoughts of Muhaqiq Karaki and St. Augustin, with an emphasis on the fact that Christianity and Islam are two Abrahamic religions and St. Augustin in Christianity and Muhaqqiq Karaki in Shi‘i Islam are the two distinguished figures, among others, in these two religions. The present research work deals with the points of similarities and differences which are addressed in seven categories as follows: the necessity of Divine guidance for the community, the ideal government, the position of culture and enjoining the good and forbidding the evil, government and financial affairs, defense, war and peace and law.

 

Key words

public rights, sovereignty, Muhaqiq Karaki, St. Augustin, religious thought.

 

 

Imam Khomeini’s Approach to the Fiqhi Rule ‘Al-Kharaj bi’l Ḍamān’[i]   and Its Function in Establishing the State’s Civic Responsibility

: by Asghar Zirak Bāruqi

 

The civic responsibility of a state as a modern idea has been accepted in all legal systems. The study of laws shows that the civic duties of ths state have not been formulated in a systematic way in the legal system of Iran and the Islamic state, within certain rather incoherent laws and regulations, has taken the responsibility of its administration in certain fields. The only general law which defines this kind of duty is a civic duty law whose governing spirit does not correspond with the rules of civic responsibility in the law and is not the occasion for ÃamÁn in fiqh. Moreover, making amendments to current laws and formulating new laws need to determine the basis for the state’s civic responsibility. Drawing upon analytic and descriptive method, this research work seeks to elucidate what the faqihs (jurists) say about the rule ‘Al-Kharaj bi’l ÂamÁn’, and show that if Imam Khomeini’s different approach to the issue in question is accepted, this rule can be proposed as the basis for the state’s civic responsibility which corresponds with the theory that “citizens are equal in making public expenditures.”

 

Key words

recompense/tribute, liability, state, civic responsibility, legal principle

 

[i] .A sharia maxim which bases the entitlement to revenue on corresponding liability for bearing losses. In sharia, it is prohibited for an individual or institution to earn profit without shouldering a liability. In this sense, the capital provider, in mudaraba or mudaraba-like transactions, is entitled to profit because all operational losses (those not caused by negligence or misconduct on the part of mudarib) will be debited from his capital (mal). But a lender (in qard, or risk-free loan) cannot take any compensation or reward from a borrower, as his loaned money is not subject to operational risks (the borrower is obliged to return the loan principal in full at the specified payback time).

 

 

 

The Identity-giving Foundations of Foreign Policy in the Prophet Muhammad’s Government (p.b.u.h)

: by Muhammad Husain Jamshidi and Saidah Kuzegari

 

Nowadays, knowledge of the thought and lifestyle of the Prophet Muhammad (may God’s peace be upon him and his progeny), particularly in the realms of government and politics, is essential not only for the followers of the Prophet but also for people all over the world, for he is the perfect man and the full-fledged exemplar in all aspects of life. Relying on the divine revelation and wise rationality, he intermingled the foreign policy of his government with the transcendental divine spirituality and virtue, thus giving it a divine tint. Given the fact that the duty of the leader of the Islamic society is to lead the human beings to the true felicity, the Prophet Muhammad has defined his declaratory foreign policy and action policy in this connection. The Prophet Muhammad’s government foreign policy is based on a view which has its roots in revelation, rationality and divinity. In other words, he has laid the foundation of the principles and rules of his foreign policy on revelation and rationality. Therefore, in the context of designing, decision-making and application, the foreign policy of the government of the Messenger of God is based on four essential elements: monotheism, justice, righteousness and human sound original nature.

 

Key words

     the Holy Prophet (Peace be upon him and his progeny), foreign policy, government, identity-giving foundations.

 

 

 


16:49 - 01/03/2017    /    Number : 315    /    Show Count : 228



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