Essentials of Political Jurisprudence (Book): Difference between revisions

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* '''abstract'''

The authors of the book categorize the historical developments of political jurisprudence into four distinct periods: "Ancient Times," "The Structuring of Political Jurisprudence within the Framework of Ijtihad," "Independent Transformations in Political Jurisprudence," and "Major Explanations in Political Jurisprudence." They illustrate the prominent ideas from each period. According to them, topics such as justice, enjoining good and forbidding wrong, public interest, council, allegiance, representation of the people, and the limited authority of Islamic jurists or democratic governance are issues in political jurisprudence that have been examined by scholars throughout this extensive period.

In the eighth volume of the ten-volume series "Political Jurisprudence," titled "Jurisprudence and Politics," Amid Zanjani explores Islamic political thought, the theory of the Velayat-e Faqih (Guardianship of the Jurist), and its scope of authority through the perspectives of approximately thirty prominent Shia jurists. This analysis is organized into three historical categories, spanning from Sheikh Saduq to Imam Khomeini. The first chapter of this book (Essentials of Political Jurisprudence) serves as a summary of the eighth volume and examines the developments in political jurisprudence over the past thousand years, divided into four periods and viewed through the perspectives of ten distinguished jurists.

==The necessity of establishing a government and protecting the rights of the people==

According to the author, the historical context of political jurisprudence can be traced through the categorization of jurisprudential discussions and the arrangement of jurisprudential literature among Shia and Sunni scholars.  

==The authority to call for jihad as a means of inviting people to Islam is reserved solely for the Prophet and the infallible Imams==

Amid Zanjani discusses international law in Islam in the third volume of the series "Political Jurisprudence," while the topic of jihad is addressed in the fifth and sixth volumes. In the fifth chapter of the "Essentials of Political Jurisprudence," three subjects are summarized under three sections: Islamic international law, jurisprudential opinions regarding jihad, and the rulings on jihad. The first section outlines the development and codification of international law in Islam, the universal ideals of Islam, and the principles and rules of Islamic international law across five key areas. The second section elaborates on jihad within the jurisprudence of both Shia and Sunni scholars. Sunni jurists regard jihad as one of the significant acts of worship and obligations, without distinguishing between offensive and defensive jihad. They identify three specific circumstances under which jihad is required:

# The meeting of two battle lines leading to the outbreak of war,

# The occupation of Islamic territory by the enemy,

# The declaration of jihad by the Imam.

On the other hand, Shia jurisprudence presents various classifications of jihad. For instance, Kashif al-Ghita categorizes it into five types:

# Safeguarding the existence of Islam from attacks,

# Protecting the lives, property, and honor of Muslims,

# Restoring Islamic governance in situations of non-Muslim dominance,

# Inviting others to Islam.

==The Islamic economic system as a subdivision of the political system ==

The Political Economy of Islam is the title of the fourth volume in the "Political Jurisprudence" series by Amid Zanjani. A summary of this volume is included in the sixth and final chapter of the "Essentials of Political Jurisprudence," titled "Economic Objectives in Political Jurisprudence." This chapter consists of six sections, beginning with economic issues in political jurisprudence and concluding with the role of justice in Islamic economics. The intermediate sections address wealth distribution, the financial resources of the Islamic state, and the concepts of both free and state-controlled economies, followed by a discussion on the methodology of political economy. At the outset, it is clarified that the term "Political Economy of Islam" refers to economic issues that fall within the political domain and the authority of the Islamic state. It is also noted that the Islamic economic system operates alongside other social, cultural, and military systems within Islam, all under the umbrella of the political system of Islam (Imamate and Wilayah). Consequently, one of the general policies of Islam regarding wealth distribution is poverty alleviation and ensuring the participation of the poor in the wealth of the affluent. Additionally, in terms of the financial resources of the Islamic state, besides Khums, Zakat, Anfal, and Kharaj, non-fixed taxes are also deemed permissible. Three jurisprudential methods are mentioned to legitimize taxation.

In the fourth section, the authors present and critique two theories: "Islamic Free Economy" and "Islamic Socialist Economy." They characterize the economic framework outlined in the Constitution of the Islamic Republic of Iran as a balanced and moderated theory that integrates elements from both Islamic Free Economy and Islamic Socialism. They also acknowledge the significant role of Martyr Beheshti in formulating and institutionalizing these concepts within the 1979 Constitution. Furthermore, in the fifth section, they identify the methodology of Islamic political economy and its major challenge, which is the divergence of jurisprudential opinions. In the sixth section, they explore the concept of justice within Islamic political economy by examining Imam Khomeini's perspective, emphasizing the security of the oppressed and the preservation of Islamic values and symbols as fundamental components of his ideology (pp. 261-311).

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