A Jurisprudential Study of Obedience and Civil Disobedience (Book) - Revision history

Sarfipour at 12:05, 13 April 2026

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	[[fa:بررسی فقهی فرمانبرداری و نافرمانی مدنی (کتاب)]]		[[fa:بررسی فقهی فرمانبرداری و نافرمانی مدنی (کتاب)]]
	[[Category:Books on political jurisprudence]]		[[Category:Books on political jurisprudence]]
	[[~~category~~: ~~book review~~]]		[[Category:Bibliography Articles]]
	[[Category:Articles by Mohammad Kazem Haghani Fazl]]		[[Category:Articles by Mohammad Kazem Haghani Fazl]]
	[[Category:Books by Sayyid Javad Varaʿī]]		[[Category:Books by Sayyid Javad Varaʿī]]

Sarfipour at 12:51, 8 December 2025

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	}}		}}
	{{Author		{{Author
	\|author = Mohammad Kazem ~~Haqqani~~ Fazl		\|author = Mohammad Kazem Haghani Fazl
	\|author2 =		\|author2 =
	\|author3 =		\|author3 =
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	[[Category:Books on political jurisprudence]]		[[Category:Books on political jurisprudence]]
	[[category: book review]]		[[category: book review]]
	[[Category:Articles by Mohammad Kazem ~~Haqqani~~ Fazl]]		[[Category:Articles by Mohammad Kazem Haghani Fazl]]
	[[Category:Books by Sayyid Javad Varaʿī]]		[[Category:Books by Sayyid Javad Varaʿī]]

Sarfipour at 04:57, 7 December 2025

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	{{footnotes}}		{{footnotes}}
	[[fa:بررسی فقهی فرمانبرداری و نافرمانی مدنی (کتاب)]]		[[fa:بررسی فقهی فرمانبرداری و نافرمانی مدنی (کتاب)]]
	[[~~category~~: ~~books~~ on political jurisprudence]]		[[Category:Books on political jurisprudence]]
	[[category: book review]]		[[category: book review]]
			[[Category:Articles by Mohammad Kazem Haqqani Fazl]]
			[[Category:Books by Sayyid Javad Varaʿī]]

Sarfipour: /* Structure of the Book */

2025-12-07T04:54:38Z

Structure of the Book

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	===Conceptualization and Delimitation with Other Related Concepts===		===Conceptualization and Delimitation with Other Related Concepts===
	According to Varaʿī, civil disobedience is characterized by three features: non-violence, accountability and limitation (p. 10). It is defined as: "The refusal to comply with unjust laws, regulations, policies, or decisions of a government that contradict Sharia, with the aim of annulment or amendment, without violating the principle of sovereignty; provided that critique, criticism, and legal protests have not yielded results" (p. 10). The distinction between disobedience and civil resistance lies in the fact that civil resistance does not involve active steps, while disobedience involves action (p. 11).		According to Varaʿī, civil disobedience is characterized by three features: non-violence, accountability and limitation (p. 10). It is defined as: "The refusal to comply with unjust laws, regulations, policies, or decisions of a government that contradict Sharia, with the aim of annulment or amendment, without violating the principle of sovereignty; provided that critique, criticism, and legal protests have not yielded results" (p. 10). The distinction between disobedience and civil resistance lies in the fact that civil resistance does not involve active steps, while disobedience involves action (p. 11).
	The author argues that if the criterion for the realization of rebellion (~~baghi~~/ بغی) is solely overthrowing, rather than resorting to arms, then those who aim to overthrow through cultural tools such as media should also be considered "rebellious" (p. 19). However, the means for dealing with them should be confined to those same cultural tools.		The author argues that if the criterion for the realization of rebellion (baghy/ بغی) is solely overthrowing, rather than resorting to arms, then those who aim to overthrow through cultural tools such as media should also be considered "rebellious" (p. 19). However, the means for dealing with them should be confined to those same cultural tools.
	The author claims that if the number of people intending to overthrow the government is not substantial enough to necessitate war and combat, these individuals are either brigands or equivalent to brigands (p. 19).		The author claims that if the number of people intending to overthrow the government is not substantial enough to necessitate war and combat, these individuals are either brigands or equivalent to brigands (p. 19).
	The writer excludes customary regulations of governments, such as municipal laws, from the discussion of civil disobedience (p. 130). However, it should be noted that many urban laws ultimately lead to the appropriation of people's property and lives, which are all condemned by religious rulings. The author overlooks this premise and merely emphasizes that if these laws lead to injustice, the subject of disobedience is also realized.		The writer excludes customary regulations of governments, such as municipal laws, from the discussion of civil disobedience (p. 130). However, it should be noted that many urban laws ultimately lead to the appropriation of people's property and lives, which are all condemned by religious rulings. The author overlooks this premise and merely emphasizes that if these laws lead to injustice, the subject of disobedience is also realized.

Sarfipour: /* Overview of the Book */

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Overview of the Book

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	* '''Abstract'''		* '''Abstract'''

	'''A Jurisprudential Study of Obedience and Civil Disobedience''' (Persian: ''[[:fa:بررسی_فقهی_فرمانبرداری_و_نافرمانی_مدنی_(کتاب)\|بررسی فقهی فرمانبرداری و نافرمانی مدنی]]''), authored by [[Sayyid Javad Varaei]], is a ten-chapter analysis of [[civil disobedience]] within an Islamic framework. Varaei defines civil disobedience, distinguishing it from rebellion (''baghy'') and sedition (''muharabah''), and affirms its legitimacy within a religious government, outlining the rights of citizens and the obligations of rulers. He argues for the permissibility of disobedience as long as it does not lead to social disorder, harm others, or weaken the Islamic state.		'''A Jurisprudential Study of Obedience and Civil Disobedience''' (Persian: ''[[:fa:بررسی_فقهی_فرمانبرداری_و_نافرمانی_مدنی_(کتاب)\|بررسی فقهی فرمانبرداری و نافرمانی مدنی]]''), authored by [[Sayyid Javad Varaei\|Sayyid Javad Varaʿī]], is a ten-chapter analysis of [[civil disobedience]] within an Islamic framework. Varaei defines civil disobedience, distinguishing it from rebellion (''baghy'') and sedition (''muharabah''), and affirms its legitimacy within a religious government, outlining the rights of citizens and the obligations of rulers. He argues for the permissibility of disobedience as long as it does not lead to social disorder, harm others, or weaken the Islamic state.

	While the book is considered a valuable contribution to Shi'a political jurisprudence for its focus on citizens' rights, this review identifies significant methodological weaknesses. The author is criticized for over-extrapolating from religious narrations and relying on insufficient evidence, such as citing the mere practice (''sīrah'') of the Prophet (PBUH) or Imam Ali (AS) to establish binding legal obligations.Despite these criticisms, the book is considered a valuable step in developing Shi'a political jurisprudence with an emphasis on citizens' rights.		While the book is considered a valuable contribution to Shi'a political jurisprudence for its focus on citizens' rights, this review identifies significant methodological weaknesses. The author is criticized for over-extrapolating from religious narrations and relying on insufficient evidence, such as citing the mere practice (''sīrah'') of the Prophet (PBUH) or Imam Ali (AS) to establish binding legal obligations.Despite these criticisms, the book is considered a valuable step in developing Shi'a political jurisprudence with an emphasis on citizens' rights.
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	===With Viewing Legitimacy and Effectiveness===		===With Viewing Legitimacy and Effectiveness===
	The unwritten premise of the book is that in a legitimate government, as long as the government fulfills its religious duties, it will be effective and citizens will receive their rights. However, we know that scholars have different interpretations and understandings, and the implementation of each scholar's opinions, as law in society will yield different results. This raises the question: if rulers act according to their understanding of the Sharia, but in practice, the government is ineffective, what is the position regarding citizens' right to disobedience?		The unwritten premise of the book is that in a legitimate government, as long as the government fulfills its religious duties, it will be effective and citizens will receive their rights. However, we know that scholars have different interpretations and understandings, and the implementation of each scholar's opinions, as law in society will yield different results. This raises the question: if rulers act according to their understanding of the Sharia, but in practice, the government is ineffective, what is the position regarding citizens' right to disobedience?
	According to Sayyid Javad ~~Vaei~~, an illegitimate government cannot have laws, regulations, policies or decisions that align with truth and justice. His reasoning is that such a government overlooks God's rights and the people's rights in determining their fate (p. 148). This argument is incomplete because an illegitimate ruler may have come to power with the support of the people, even if they are not authorized by God. Furthermore, there is no inherent connection between illegitimacy and ineffectiveness.		According to Sayyid Javad Varaʿī, an illegitimate government cannot have laws, regulations, policies or decisions that align with truth and justice. His reasoning is that such a government overlooks God's rights and the people's rights in determining their fate (p. 148). This argument is incomplete because an illegitimate ruler may have come to power with the support of the people, even if they are not authorized by God. Furthermore, there is no inherent connection between illegitimacy and ineffectiveness.
	The author connects all applications of divinity in the verses of the Quran to divinity itself and categorizes any obedience to individuals under the title of sovereignty. From here, he relates the concept of divinity to the discussion of civil disobedience (pp. 149-152). Such an analysis of concepts is unconvincing, as it is not the case that every instance of lordship in the verses of the Quran and hadiths refers to political and social sovereignty. The fact that the People of the Book have made their rabbis and monks their lords, as the narration of Imam Sadiq (AS) also indicates (p. 151), does not necessarily align with political obedience and may include personal legal matters of prohibited and permitted.		The author connects all applications of divinity in the verses of the Quran to divinity itself and categorizes any obedience to individuals under the title of sovereignty. From here, he relates the concept of divinity to the discussion of civil disobedience (pp. 149-152). Such an analysis of concepts is unconvincing, as it is not the case that every instance of lordship in the verses of the Quran and hadiths refers to political and social sovereignty. The fact that the People of the Book have made their rabbis and monks their lords, as the narration of Imam Sadiq (AS) also indicates (p. 151), does not necessarily align with political obedience and may include personal legal matters of prohibited and permitted.

	===Ambiguity in Exceptions to the Right of Disobedience===		===Ambiguity in Exceptions to the Right of Disobedience===
	Disruption of the system is one of the cases that negates the right to disobedience. However, on the other hand, justice precedes the preservation of the system. For this reason, the author finds it necessary that sometimes the social order should be disrupted to achieve justice. He cites examples like the uprising of Imam Hussein (AS) to support this claim (p. 186). The ambiguous concept of system disruption complicates the author's assertion. It seems that the author has considered any kind of disorder as system disruption. However, it appears that system disruption is a more complex issue than mere disorder, and the event of Ashura or even the occurrence of war does not equate to system disruption. Perhaps the months of conflict leading to the victory of the Islamic Revolution could be an example of system disruption.		Disruption of the system is one of the cases that negates the right to disobedience. However, on the other hand, justice precedes the preservation of the system. For this reason, the author finds it necessary that sometimes the social order should be disrupted to achieve justice. He cites examples like the uprising of Imam Hussein (AS) to support this claim (p. 186). The ambiguous concept of system disruption complicates the author's assertion. It seems that the author has considered any kind of disorder as system disruption. However, it appears that system disruption is a more complex issue than mere disorder, and the event of Ashura or even the occurrence of war does not equate to system disruption. Perhaps the months of conflict leading to the victory of the Islamic Revolution could be an example of system disruption.

Sarfipour at 04:49, 7 December 2025

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	'''A Jurisprudential Study of Obedience and Civil Disobedience''' (Persian: ''[[:fa:بررسی_فقهی_فرمانبرداری_و_نافرمانی_مدنی_(کتاب)\|بررسی فقهی فرمانبرداری و نافرمانی مدنی]]''), authored by [[Sayyid Javad Varaei]], is a ten-chapter analysis of [[civil disobedience]] within an Islamic framework. Varaei defines civil disobedience, distinguishing it from rebellion (''baghy'') and sedition (''muharabah''), and affirms its legitimacy within a religious government, outlining the rights of citizens and the obligations of rulers. He argues for the permissibility of disobedience as long as it does not lead to social disorder, harm others, or weaken the Islamic state.		'''A Jurisprudential Study of Obedience and Civil Disobedience''' (Persian: ''[[:fa:بررسی_فقهی_فرمانبرداری_و_نافرمانی_مدنی_(کتاب)\|بررسی فقهی فرمانبرداری و نافرمانی مدنی]]''), authored by [[Sayyid Javad Varaei]], is a ten-chapter analysis of [[civil disobedience]] within an Islamic framework. Varaei defines civil disobedience, distinguishing it from rebellion (''baghy'') and sedition (''muharabah''), and affirms its legitimacy within a religious government, outlining the rights of citizens and the obligations of rulers. He argues for the permissibility of disobedience as long as it does not lead to social disorder, harm others, or weaken the Islamic state.

	While the book is considered a valuable contribution to Shi'a political jurisprudence for its focus on citizens' rights, this review identifies significant methodological weaknesses. The author is criticized for over-extrapolating from religious narrations and relying on insufficient evidence, such as citing the mere practice (''sīrah'') of the Prophet (PBUH) or Imam Ali (AS) to establish binding legal obligations.		While the book is considered a valuable contribution to Shi'a political jurisprudence for its focus on citizens' rights, this review identifies significant methodological weaknesses. The author is criticized for over-extrapolating from religious narrations and relying on insufficient evidence, such as citing the mere practice (''sīrah'') of the Prophet (PBUH) or Imam Ali (AS) to establish binding legal obligations.Despite these criticisms, the book is considered a valuable step in developing Shi'a political jurisprudence with an emphasis on citizens' rights.

	==Overview of the Book==		==Overview of the Book==

Sarfipour at 04:48, 7 December 2025

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	\| publisher = [[SAMT]] & Research Institute of Hawza and University		\| publisher = [[SAMT]] & Research Institute of Hawza and University
	\| publication_place = Tehran & Qom		\| publication_place = Tehran & Qom
	\| publication_date = ~~1393~~ SH (~~2014~~ CE)		\| publication_date = 1394 SH (2015 CE)`
	\| pages = 300		\| pages = 300
	}}		}}

Sarfipour at 04:40, 7 December 2025

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	The most significant rational proof for the permissibility of disobedience is the precedence of God's command when there is a conflict between God's command and that of the ruler (p. 111). The most important transmitted evidence consists of a set of verses that consider obedience to beings other than God as secondary to obedience to God, as well as a collection of narrations with the common theme that "there is no obedience to a created being in disobeying the Creator." Additionally, the author refers to two groups of evidence to substantiate his claim: the evidence for the obligation to enjoin good and the evidence for the permissibility of violating the ruler's command (pp. 114-140).		The most significant rational proof for the permissibility of disobedience is the precedence of God's command when there is a conflict between God's command and that of the ruler (p. 111). The most important transmitted evidence consists of a set of verses that consider obedience to beings other than God as secondary to obedience to God, as well as a collection of narrations with the common theme that "there is no obedience to a created being in disobeying the Creator." Additionally, the author refers to two groups of evidence to substantiate his claim: the evidence for the obligation to enjoin good and the evidence for the permissibility of violating the ruler's command (pp. 114-140).
	The author's primary basis for the non-permissibility of disobedience in the government of the infallible is a collection of verses from the Qur'an and hadiths that explicitly state the necessity of obeying the Prophet (PBUH) and the prohibition of disobedience towards him (pp. 98-108).		The author's primary basis for the non-permissibility of disobedience in the government of the infallible is a collection of verses from the Qur'an and hadiths that explicitly state the necessity of obeying the Prophet (PBUH) and the prohibition of disobedience towards him (pp. 98-108).
	In sections such as the necessity of convincing the protesters, the author's arguments primarily rely on the practical conduct of the Prophet (PBUH) and the Commander of the Faithful (AS). It seems that given the minimal implications of conduct,deriving a binding obligation ~~(<nowiki>''</nowiki>wujūb<nowiki>''</nowiki>)~~ for other rulers solely from the practice ~~(<nowiki>''</nowiki>sīrah<nowiki>''</nowiki>)~~ of an Infallible is methodologically insufficient, as practice alone typically proves only permissibility ~~(<nowiki>''</nowiki>jawāz<nowiki>''</nowiki>)~~, not obligation.. This is because we know that conduct, especially in cases where there is no repeated action, cannot establish a binding ruling. From the behavior of the infallible, at most, one can conclude the permissibility of an act, and proving the obligation or even the preferred nature of an act based solely on the conduct of the infallibles requires additional indicators, which the author does not provide in this section.		In sections such as the necessity of convincing the protesters, the author's arguments primarily rely on the practical conduct of the Prophet (PBUH) and the Commander of the Faithful (AS). It seems that given the minimal implications of conduct,deriving a binding obligation for other rulers solely from the practice of an Infallible is methodologically insufficient, as practice alone typically proves only permissibility, not obligation.. This is because we know that conduct, especially in cases where there is no repeated action, cannot establish a binding ruling. From the behavior of the infallible, at most, one can conclude the permissibility of an act, and proving the obligation or even the preferred nature of an act based solely on the conduct of the infallibles requires additional indicators, which the author does not provide in this section.
	Proving permissibility is also based on the understanding that this behavior is not exclusive to the Prophet or the Imam. It appears the book's author has taken for granted that there is no difference between the governmental authorities of the infallible and other rulers, but this claim itself requires proof. Although even under this assumption, proving the ruler's obligation to persuade the protesters lacks evidence.		Proving permissibility is also based on the understanding that this behavior is not exclusive to the Prophet or the Imam. It appears the book's author has taken for granted that there is no difference between the governmental authorities of the infallible and other rulers, but this claim itself requires proof. Although even under this assumption, proving the ruler's obligation to persuade the protesters lacks evidence.

Sarfipour: /* Published Critiques */

2025-12-07T04:26:02Z

Published Critiques

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	Varaʿī served as the editor-in-chief of the quarterly journal "Islamic Government" for four years and has long been associated with the Qom Seminary page of the Islamic Republic newspaper. Many of his research works are in collaboration with the Research Institute of Islamic Studies and University, the Assembly of Experts Secretariat, and the Hajj Research Center. Titles of some of his books include "Rights and Duties of Citizens and Officials," "Imam Khomeini and the Revival of Religious Thought," "Research on Naini's Political Thought," and "Citizens' Rights in Islamic Thought."		Varaʿī served as the editor-in-chief of the quarterly journal "Islamic Government" for four years and has long been associated with the Qom Seminary page of the Islamic Republic newspaper. Many of his research works are in collaboration with the Research Institute of Islamic Studies and University, the Assembly of Experts Secretariat, and the Hajj Research Center. Titles of some of his books include "Rights and Duties of Citizens and Officials," "Imam Khomeini and the Revival of Religious Thought," "Research on Naini's Political Thought," and "Citizens' Rights in Islamic Thought."
	===Published Critiques===		===Published Critiques===
	A critique and discussion session regarding the book "A Jurisprudential Study of Obedience and Civil Disobedience" was held on December 2, 2016. A detailed report of this session, titled "A Look and Critique of the Jurisprudential Study of Obedience and Civil Disobedience," was published in the third issue of the "Contemporary Jurisprudence Studies" quarterly. You can read the report [here].		A critique and discussion session regarding the book "A Jurisprudential Study of Obedience and Civil Disobedience" was held on December 2, 2016. A detailed report of this session, titled "A Look and Critique of the Jurisprudential Study of Obedience and Civil Disobedience," was published in the third issue of the "Contemporary Jurisprudence Studies" quarterly. You can read the report [[https://www.noormags.ir/view/fa/articlepage/1436587/%D9%86%DA%AF%D8%A7%D9%87-%D9%88-%D9%86%D9%82%D8%AF%DB%8C-%D8%A8%D8%B1-%D8%A8%D8%B1%D8%B1%D8%B3%DB%8C-%D9%81%D9%82%D9%87%DB%8C-%D9%81%D8%B1%D9%85%D8%A7%D9%86%D8%A8%D8%B1%D8%AF%D8%A7%D8%B1%DB%8C-%D9%88-%D9%86%D8%A7%D9%81%D8%B1%D9%85%D8%A7%D9%86%DB%8C-%D9%85%D8%AF%D9%86%DB%8C here]].
	Additionally, in March 2017, a debate titled "The Right to Criticism in Islamic Government" took place at the Research Institute of Humanities and Cultural Studies. In this session, Mohammad Hassan Ziaei Far and Ali Mohammadi Jorokouyeh spoke about the issue of criticism in Islamic government, particularly in relation to the book "A Jurisprudential Study of Obedience." Varaʿī responded to questions and criticisms raised. You can read the report of this session [here].
	An article titled "Legitimate Rebellion," written by Mohammad Kazem Haqani Fazl, presents a critical perspective on this book and was published in the seventh issue of the "Book Critique on Jurisprudence and Law" quarterly. You can read the article [here].		Additionally, in March 2017, a debate titled "The Right to Criticism in Islamic Government" took place at the Research Institute of Humanities and Cultural Studies. In this session, Mohammad Hassan Ziaei Far and Ali Mohammadi Jorokouyeh spoke about the issue of criticism in Islamic government, particularly in relation to the book "A Jurisprudential Study of Obedience." Varaʿī responded to questions and criticisms raised. You can read the report of this session [[https://www.ihcs.ac.ir/fa/news/14897/%DA%AF%D8%B2%D8%A7%D8%B1%D8%B4%DB%8C-%D8%A7%D8%B2-%D9%85%D9%86%D8%A7%D8%B8%D8%B1%D9%87-%D8%AD%D9%82-%D8%A7%D9%86%D8%AA%D9%82%D8%A7%D8%AF-%D8%AF%D8%B1-%D8%AD%DA%A9%D9%88%D9%85%D8%AA-%D8%A7%D8%B3%D9%84%D8%A7%D9%85%DB%8C- here]].

			An article titled "Legitimate Rebellion," written by Mohammad Kazem Haqani Fazl, presents a critical perspective on this book and was published in the seventh issue of the "Book Critique on Jurisprudence and Law" quarterly. You can read the article [[https://bayanbox.ir/view/7737239385260144047/nafarmani-madani.pdf here]].
	==Content of the Book==		==Content of the Book==
	The book "A Jurisprudential Study of Obedience and Civil Disobedience" is divided into an introduction and ten chapters. In the introduction, the author discusses background, methodology, sources and topics of discussion. The first chapter is dedicated to general concepts and definitions, while the tenth chapter summarizes and concludes the findings.		The book "A Jurisprudential Study of Obedience and Civil Disobedience" is divided into an introduction and ten chapters. In the introduction, the author discusses background, methodology, sources and topics of discussion. The first chapter is dedicated to general concepts and definitions, while the tenth chapter summarizes and concludes the findings.

Sarfipour: /* footnotes */

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footnotes

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	==footnotes==		==footnotes==
			{{footnotes}}
	[[fa:بررسی فقهی فرمانبرداری و نافرمانی مدنی (کتاب)]]		[[fa:بررسی فقهی فرمانبرداری و نافرمانی مدنی (کتاب)]]
	[[category: books on political jurisprudence]]		[[category: books on political jurisprudence]]
	[[category: book review]]		[[category: book review]]