JURISPRUDENCE AND POLITICS
Year:2021 | Volume:1 | Issue:2 (2)|Papers Count:6

Systematization and the necessity of doing it as one of the multiple steps of the process of the Islamic Revolution in order to achieve Islamic civilization, is not a project that can be fulfilled through a certain argument and documents in a specific course of time. Rather, it is a process that requires fundamental steps to be taken, and of course, in each step, an autonomous view must be expressed so that, in the end, systematization can be achieved as a result of taking these steps. Regardless of whether the Islamic system is foundational and requires systematization or whether the system is exploratory, in the process of systematization, the system should be defined at the stage of imaginary principles and its relationship with concepts such as model, organization and institution should be considered. Systematization based on principles must be considered and its components and pillars taken into account. The method of establishing or discovering the system must be acquired, the external model of the system created, and the appropriate resources considered. Naturally, while enumerating the characteristics of the ideal system, by determining some criteria, it should be evaluated, and by distinguishing between macro-systems, inter-systems and micro-systems, based on the Islamic system, intermediate and partial systems, and the relationship between them should also be taken into account and the means of realization as well as objectivity of the system should be considered. Of course, the political system under the category of jurisprudence of the political system will normally be organized and realized by making decision about these steps. This current study, through a methodology based on Muzaf philosophy, with a second-degree look at the issues of systematization, while believing in the possibility of Islamic systematization, will examine three processes for its realization.

One of the privileges of jurisprudence of government over traditional views is going through jurisprudential subject studies. The jurisprudence of government with three levels considered in the paper-the jurisprudence of subjects, the jurisprudence of systems, and the jurisprudence of guardianship-have biases towards identifying the subjects. In this paper, by explaining subject studies in the jurisprudence of government in the previous three levels, an attempt has been made to examine the identification of jurisprudential subjects from the perspective of Shahid Sadr, who invented the level "jurisprudence of system". Therefore, first, the qualitative content of Shahid Sadr’ s view on macro-socio-political phenomena was analyzed, and then the method of identifying these phenomena was studied and compared by her. Thus, in addition to explaining subject studies in macro-jurisprudence of government, the means of Shahid Sadr’ s entry into subject studies have been explained through examining his view about identifying modern sciences, inventing the school of intrinsic logic to compensate for the shortcomings of modern sciences and inductive logic, and finally, identifying ijtihad base in the form of thematic interpretation and jurisprudence of theory.

The present paper deals with the scope of the Islamic system’ s authority in the private arena and its discipline from the perspective of Shia political jurisprudence. In this regard, the basic premise and principle is the lack of guardianship and the impermissibility of intervention, based on the need to preserve human dignity, the need for justice and considering oppression as forbidden. However, since in some cases some citizens violate the privacy of others, based on the principle of "The more important and the important" and in order to maintain the Islamic system, public interests, public security, independence and national interests, the scope of authority of the Islamic system extends to the private arena of citizens in a limited and determined way, with a legal license and with specific evidence. Such extension is based on reason, verses of the Holy Quran and narratives. Considering the possibility of agents’ wrongdoing and the behavior of some obstinate people and non-observance of its sensitive issues, an attempt has been made to take initial steps to design a discipline process for entering the private arena. In this regard, the necessity of enacting strict laws, emphasizing collective decision-making, determining the boundaries of emergency criteria, necessity and expediency, and determining the boundaries of interventions have been emphasized. This study has been conducted within the framework of jurisprudence of government and with the method of ijtihad and reading texts.

The foreign policy of the Islamic Republic of Iran, in addition to wisdom and expediency, is based on the principle of dignity. The realization of this principle derived from Islamic jurisprudence requires fundamental changes at the structural and behavioral levels. The current paper focuses on the behavioral part of the necessities of the principle of dignity that has behavioral aspect and considers international relations in the face of the actions of the actors. The findings obtained by using the method of inference from primary Islamic sources as well as the use of evidence such as the provisions of the constitution and the statements of the intellectualpolitical leaders of the Islamic Revolution, show that the dignity of the Islamic Republic depends on the fact that in the field of behavior in the face of the actors of international relations, the system of the Islamic Republic, on the one hand, in the arena of relations between Islamic countries, turned to policies that lead to consolidation and increase their power against external threats, but on the other hand, in the face of actors in international relations who fall into the class of infidelity, adopts policies that ultimately lead to independence and the denial of any unilateral dependence on them.

Fiqh al-Asimah is an important branch of political jurisprudence that examines the jurisprudential rulings of the foundation, establishment and current issues of the Islamic Governance Center. Undoubtedly, the early and later actions of the Prophet in turning Yathrib as a city on the outskirts into a city as the first capital of Islamic governance is considered to be the most important source of Fiqh al-Asimah. From the perspective of political jurisprudence, these actions are considered as jurisprudential rulings in establishing the center of Islamic government. In the present study, based on the jurisprudential method and inferring from the texts and sources of the Sira (lifestyle), an attempt has been made to study the Sira of the Prophet before and after entering the city of Medina as well as the aspect of Fiqh al-Asimah. The findings of the study suggest that, it is possible that the jurisprudential rulings of the establishment of the Islamic capital has been inferred from the Sira of the Prophet.

Jabal Amel School is one of the important Shia jurisprudential schools, which has been the center and focal point of Shia religious thought between the eighth and tenth centuries AH. In the aforementioned school, Shia jurisprudence was freed from the domination of Sunni jurisprudence and jurisprudential structure for the first time, and for this reason, along with the jurist who was political before and from the beginning, it has become politicized. The political readiness of Shia jurisprudence during this period made the Mamluk government and its Sunni fanatical rulers doubly sensitive to it. This led to Muhammad ibn Makki, the founder of the Jabal Amel school, who had a contemporary and even Taqiyah approach (an approach in which you hide your religious belief), being first placed under house arrest and eventually martyred. The special situation of Jabal Amel region, which had caused it to be in the middle of the territory of the Mamluk government, is appropriate for the use of a special kind of Wilayat Faqih practice, i. e. the method that used a jurisprudential advocate. This method has been adopted directly from the sira (lifestyle) of the seventh to eleventh Shia Imams and today is one of the evidence for the theory of Guardianship of the Islamic Jurist. Although the jurists of the Jabal Amel School were unable to pursue their political objectives at the time and in Jabal Amel, they resolved many of those concerns in Iran by migrating to Iran during the Safavid era.