An Introduction to Islamic Political Jurisprudence (Book)

Author: Mehdi Khosravi Sereshki

• abstract

An Introduction to Islamic Political Jurisprudence, authored by Abbasali Amid Zanjani, discusses the foundations of basic rights from the perspective of Islamic political jurisprudence; however, it does not encompass comparative or analytical studies of Islamic and Western basic rights. This book, which was compiled following a ten-volume series on political jurisprudence, examines the foundations and history of basic rights, the state and its components and classifications, various political systems in traditional and modern contexts, the separation of powers, as well as the rights of the nations and human rights across ten chapters.

The author of the book identifies the sources of basic rights as The Book (Quran), practice of the Prophet (Sunnah), reason (primary evidence), and consensus, the prevailing opinions of Islamic jurists, the practices of Muslims, and rational foundations (secondary evidence) as the basis for legal and divine rules. He considers sacred texts to play a significant role in the formation and structuring of national constitutions. According to Amid, enjoining the good and forbidding the evil serve as a powerful tool for public oversight of government officials' performance.

According to the author of the book, the starting point for the divine prophets' call to God was through political movements and the clear presentation of plans related to governance, society, and authority. According to him, an analysis of the verses of the Quran and the traditions leads to a dual classification regarding governance and society, which originates from the historical dichotomy between oppressors and the oppressed. The author asserts that a divine guardianship system under the rule of vali-ye faqih reflects the convergence of God's sovereignty and the autonomy and accountability of free individuals. However, throughout history, the caliphs and Islamic rulers have misused the divine authority of humanity. He regards the Islamic Republic of Iran as the most exemplary mixed political system (parliamentary with independent branches) and believes that the system of velayat-e faqih possesses both maximum popular and divine legitimacy. In his view, the establishment of a doctrinal regime with divine legitimacy, yet without reliance on popular votes, negates one of the fundamental principles of monotheism, which is the governance of individuals over their own destinies.

By examining the elements of the Human Rights Declaration, ʿAmīd Zanjānī conducts a comparative study of principles such as human dignity, equality among individuals, public security, fundamental freedoms, and public rights (including access to justice, education, and social security) from a human rights perspective in conjunction with Islamic viewpoints.

Book Structure

"An Introduction to Islamic Political Jurisprudence" is authored by Abāsalī ʿAmīd Zanjānī after completing a ten-volume series on political jurisprudence. The book is organized into ten chapters and serves as a textbook on basic rights, intended for use in both undergraduate and graduate programs. In the introduction, the author states that this work covers only the fundamental concepts and principles related to basic rights, excluding comparative and analytical studies based on Islamic and Western models.

The content of the book begins with an overview of the principles and history of basic rights (Chapters One to Three), followed by a discussion on government, and its elements and types (Chapters Four to Six). It continues with an analysis of different political systems and regimes from both traditional and modern perspectives, including a discussion on the separation of powers (Chapters Seven to Nine). The final chapter (Chapter Ten) addresses the rights of the nation (government and citizens) and the issue of human rights.

The Author

Amid Zanjani (1937 - 2011) the author of the book was a mujtihid, university professor, and political science researcher. He studied in the religious seminaries of Qom and Najaf under prominent scholars such as Seyyed hossein Burujerdi, Seyyed Ruhullah Khomeini, Seyyed Abul-Qasem Khoei, and Seyyed Mohsen hakim. The ten-volume series on political jurisprudence is his well-known work in political jurisprudence, which has been reprinted multiple times. He also had experience in the political arena, having served as a representative in the Islamic Consultative Assembly and the Assembly of Experts.

Sources of Basic Rights and the Guarantees for Their Enforcement

In his discussion on 'Sources of Basic Rights', ʿAmīd Zanjānī categorizes legal sources into 'sources of validity and legitimacy of legal rules' according to monotheistic frameworks, differentiating this from the broader interpretation of 'all methods of law creation'. He asserts that Islamic jurisprudence encompasses a broader concept than law itself, wherein the Quran, practice of the Prophet, reason (the three primary sources), consensus, well-known fatwas, the practices of Muslims, and the principles of rationality (the three secondary sources) serve as the basis for deriving divine and legal rules rather than as mere sources (pp. 40 and 41).

According to the author of the book, the enforcement mechanism in political jurisprudence is the commitment of every faithful individual to fulfill divine obligations. He highlights the powerful tool of public oversight, namely enjoining the good and forbidding the evil, as a means to ensure the accountability of government officials and institutions. Furthermore, the Constitution of the Islamic Republic of Iran employs the powers of the President to enforce the legal duties of the three branches of government, while the authority of the Supreme Leader is invoked to compel the presidency, and the Assembly of Experts serves to monitor the Supreme Leader's authority (p. 50).

Holy Books, as the Constitution of Nations

In the second chapter, the author addresses legal discussions regarding the constitutions of various countries, which encompass the overall structure, characteristics, methods of creation and formulation, revision, implementation techniques, preservation, and the conclusion of the constitution. The author highlights seven instances under the category of 'non-principled methods' in the creation and formulation of constitutions. In the seventh method, the author refers to 'holy books that are trusted and respected by the people' and explains that a constitution is defined as a documented source containing a series of organized principles and rules for the political, economic, cultural, social, and military governance of a political community, to which people have continuous faith and commitment. ʿAmīd Zanjānī considers the Holy Quran to be the constitution for Muslims and believes that the issue of interpreting holy books, similar to other general texts, can be resolved through an interpreting body and the selection of its members via referendums or elections (p. 94).

The author identifies the seventh and final method of constitutional emergence under the category of non-principled methods; however, according to the author's own explanation, holy books do not fall into this non-principled category. Additionally, it appears that the author or editor of the book has overlooked the inclusion of the second title and category, namely 'principled methods,' and has failed to delineate the principled cases from the seven non-principled methods, thereby omitting them from the relevant subsection.

The Ongoing Dichotomy of the Oppressors and the Oppressed Throughout History

In the third chapter of the book titled 'The History of Constitutional Developments', ʿAmīd Zanjānī examines a total of 21 ideas and theories regarding governance across two historical periods: ancient Greece (from Homer to Socrates, Plato, Aristotle, and Cicero) and the West (from the early Christian era to the separation of religion and politics, Marxism, and democracy) (pp. 153-175).

In the third discussion, the author briefly explains the concept of 'political thought in the movements of the prophets' in relation to governance and the rights of the people, utilizing verses from the Quran (pp. 175-181). He references the struggles of Abraham (pbuh) against Nimrod, Moses (pbuh) against Pharaoh, and other prophets, expressing concern over the neglect of this historical aspect by Western historians, which has not been recorded in the history of political thought. Despite the prophets' focus on inviting people to God, virtue, and justice, their initial call was marked by political movements and clear proposals regarding state, society, and governance. Furthermore, he posits that the first confrontation of each prophet with the ruling power involved a rejection of the legitimacy of human and oppressive authorities over the people. According to him, the Quranic verses regarding society and governance lead to a dichotomy between the oppressors and the oppressed, each with distinct and differing ideological foundations. The ideological foundation of the oppressors is characterized by polytheism, disbelief, hypocrisy, immorality, and corruption, while that of the oppressed is rooted in faith, monotheism, righteousness, reform, and piety (pp. 175-183).

Vali-ye Faqih, the Intersection of Divine Authority and the Free, Responsible Individual

The fourth chapter of the book focuses on the concept of the state, including its elements and foundations. After defining the state, the author analyzes two essential components: human and territorial factors. He then investigates the three realms of land, water, and air that are under the jurisdiction of states. Following this, he examines the type of governance that states exercise over their territories and introduces several theories concerning sovereignty. In the final discussion of this chapter, which relates to national sovereignty and political parties, he touches upon the topic of Islamic sovereignty.

The author posits that Islamic governance can be categorized into three types: 1. The sovereignty of God over the universe, which is a natural authority and encompasses all realms of existence, including the creation of humanity. 2. The sovereignty of God over humans and their actions, which is legislative in nature and is based on the principle of monotheism in divinity and worship: «إِنِ الْحُکمُ إِلاّٰ لِلّٰهِ» (Indeed, judgment belongs to God alone). 3. The sovereignty of individuals over their own actions and destinies, grounded in the belief that God has created humans as free, autonomous, responsible beings who govern their own fates. The author further notes that according to monotheistic thought, a free and responsible individual exercises God's sovereignty and law, as conveyed through the Prophet (PBUH), the Imam (AS), and the representative of the Imam (AS). Thus, the source of governance is longitudinally derived from both humanity and God, subsequently passing from God to the Messenger and Imam, and finally to the fully qualified Islamic jurist. In this framework, the Islamic jurist elected by the people serves as the intersection of divine and human governance.

Exploitation of Human's Divine Authority by Caliphs and Islamic Rulers

In the fifth chapter of the book, Amid Zanjani discusses the concepts of law and government, followed by the relationship between the state and the nation. In the third section, he explores the philosophy of government and presents six theories regarding the origins and foundations of state formation: 1. The ancient divine theory (theocracy), 2. The innate nature of government (the civil nature of humanity), 3. The evolution and development of the concept of the family within the framework of the state, 4. The use of force, coercion, and dominance by those in power, 5. Human need, 6. The social contract.

The author of the book discusses the divine and Islamic theory of state formation, asserting that in Islamic thought, alongside God's sovereignty, there exists human caliphate. Every individual possesses the potential to attain divine caliphate, with prophets, their successors, and inheritors of their message serving as exemplary models of this divine authority. These figures exemplify the selection of the most suitable candidates for governance and state formation; however, throughout Islamic history, the concept of divine caliphate has been distorted, with the divine caliphate being presented unilaterally and exploited by caliphs and monarchs. He cites the example of Al-Mansur, the Abbasid caliph, who proclaimed to the people during his pilgrimage to Mecca, 'I am God's Sultan on Earth.' Furthermore, caliphs and monarchs, by adopting the title «ظل‌اللّٰه» (Shadow of God), each claimed a divine gift of kingship, spiritual authority, and a connection of their power to God, based on their respective strength and dominion.

Amid Zanjani refers to the tradition of selecting a caliph through the consensus of the qualified individuals (Ahl al-Hall wa al-Aqd), viewing it as a means of legitimizing the indirect participation of the populace in governmental selection. He also notes that the authority of many Muslim rulers and monarchs (such as the Daylamites, Seljuks, Samanids, and even the Safavids in Iran) was derived from their military power and conquests, effectively making them conqueror kings. During the Qajar era, influenced by European political culture, the practice of using divine titles for monarchy became widespread, a fusion that is explicitly reflected in Article 35 of the Supplement to the Constitutional Law: 'The monarchy is a divine gift delegated to the king by the nation.' (pp. 219 and 220).

The Islamic Republic of Iran, the Most Effective Mixed Political System, (Combining Parliamentary Government with the Independence of Powers)

Chapter six of the book (pages 229 to 263) discusses the various forms of government, beginning with the classification of unitary (simple) and composite (complex) states. Following an examination of the evolution of governments throughout history, it proceeds to describe the types of governments in the contemporary era, which include five categories: 1. Traditional democracy, 2. Direct democracy, 3. Semi-direct democracy, 4. Parliamentary government, 5. Parliamentary independent from voters. Subsequently, the types of parliamentary systems are analyzed in terms of the separation of powers and categorized into three groups: 1. Dual parliamentary (legislative and executive), 2. Presidential parliamentary with absolute separation of powers, 3. Parliamentary with relative separation of powers (page 252).

This section reveals inconsistencies in the content and titles of the book. Following the five types of government, the heading 'Mixed Political Regimes' appears, which, according to the text, refers to a dual parliamentary system that merges the legislative and executive branches within the parliament (p. 253). However, this same heading ('Mixed Political Regimes') is reiterated at the end of the chapter (p. 262), where it denotes mixed political systems that combine parliamentary governance with another form of rule, such as monarchy, where the parliament operates under the authority of the king.

It is noteworthy that Amid Zanjani, in the final section of this chapter, identifies the Islamic Republic of Iran as the prime example of a mixed political system (parliamentary with separation of powers) that utilizes just political models and structures based on the Islamic principles and foundations (p. 263).

The System of Velayat-e Faqih, with Maximum Legitimacy Derived from Both the Populace and Divine Authority

Chapter Seven of the book 'Models and Political Regimes' shares similarities with the internal titles of Chapter Six. This chapter (pages 265 to 298) further discusses the categorization of political regimes and the nature of state governance, especially concerning freedom and economic factors. The third section presents definitions and descriptions of four types of government: simple, composite, federal, and independent, while the preceding chapter also addressed simple and composite governments. A significant and jurisprudential aspect in this chapter is the classification of governance based on doctrinal commitment and legitimacy (pages 286 to 288).

Here, a government is classified into two main categories: ideological (rooted in worldview and ideology) and non-ideological. These can further be divided into democratic (where legitimacy is derived from elections and public opinion) and non-democratic or authoritarian forms, which may possess divine legitimacy or be secular. According to ʿAmīd Zanjānī, among these six regimes, the system of Velayat-e Faqih is an ideological regime that enjoys the highest level of legitimacy, combining both popular and divine support. He argues that a political regime with divine legitimacy but without reliance on popular votes is conceivable, yet its realization in a monotheistic manner is questionable; as achieving authority in such a system necessarily relies on coercion and force against the populace, which undermines one of the fundamental principles of monotheism, i.e., the sovereignty of individuals over their own destinies (pp. 287-288).

The Preference for a God-centered Model of Government and Society over a Material-centered Model

Chapters eight and nine and it would have been preferable for the author to provide a more structured and coherent framework for these three chapters. Chapter eight is even listed without a title in the book's table of contents, and its three sections discuss political systems as well as ancient and modern governments, topics already covered in the previous chapter. The title of the fourth section in this chapter, 'Government and Society,' might have been more appropriately placed in chapter ten under the title 'Rights of the Nation (Government and People),' rather than being limited to a discussion solely on human rights. The majority of chapter nine, titled 'Foundations of basic rights,' focuses on the principle of separation of powers and elaborates on each of the legislative, executive, and judicial branches, which overlaps with the parliamentary system discussed in chapter seven.

In the fourth discussion regarding the state and society, the author references the 'God-centered model' and elucidates that in Islamic political philosophy, the relationship between the state and society is structured around this model. Consequently, class distinctions dissolve, and values such as brotherhood, equality, intimacy, benevolence, the pursuit of justice, the quest for perfection, peace, security, and coexistence replace tensions, conflicts, individualism, self-interest, egocentrism, groupism, and the dominance of materialism in all social relations. ʿAmīd Zanjānī notes that some depict the God-centered relationship between the state and society in a manner that is not feasible under normal circumstances; however, when we compare and evaluate the challenges posed by both the God-centered and material-centered models, individualism, egocentrism, secularism, and similar concepts, the preference clearly lies with the God-centered approach (p. 347).

Differences in the Rights of Men and Women Originates from Differences in Their Creation

In the tenth and final chapter of the book, the topic of human rights is explored through four main discussions, including its historical background, an assessment of the Universal Declaration of Human Rights and its subsequent covenants, human rights documentation, and comparative analyses. While the majority of the discussions are legal in nature, the 'Comparative Human Rights' section presents Islamic and jurisprudential viewpoints. This part addresses four key themes: human dignity, equality among people, public security, and essential freedoms and public rights (such as litigation, education, and social security) in the context of Islamic perspectives (pp. 421-478).

In the discussion of human equality, ʿAmīd Zanjānī asserts that the disparity between men and women is the sole difference recognized by Islam as an inevitable, tangible, and significant reality. This difference arises from the philosophy of creation, which posits that these two entities are complementary and therefore have unique responsibilities, resulting in legal distinctions in some cases. Given that equality does not exist in the creation of these genders, it is crucial to uphold this difference rather than equal rights within the political framework, as guided by wisdom. Thus, human creation involves three aspects: a common human aspect and two specific male and female aspects (p. 464).