Abbasali Amid Zanjani: Difference between revisions
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* '''Abstract''' | * '''Abstract''' | ||
'''Abbasali Amid Zanjani''' (1316-1390 SH) was an Iranian Shia | '''Abbasali Amid Zanjani''' (in Persian: [[:fa:عباسعلی_عمید_زنجانی|عباسعلی عمید زنجانی]]) (1316-1390 SH) was an Iranian Shia mujtahid and an expert in the fields of [[political jurisprudence]] and law. Amid Zanjani was a graduate of both the [[Qom Seminary]] and the [[Najaf Seminary|Najaf]] and experienced representation in the parliament, teaching at universities, and the presidency of Tehran University in the Islamic Republic. He taught constitutional law and general Islamic law in academic and scientific centers and had numerous writings in these two arenas, of which the [[Political Jurisprudence (book)|ten-volume collection of political jurisprudence]] is the most famous. | ||
Amid Zanjani believes in [[absolute wilayat al-faqih]] in political jurisprudence and the structure of Islamic government but considers it compatible with the [[right to vote|people's right to vote]]. He believes in [[political development]] and the expansion of freedoms. He considers justice to be the most fundamental concept of political jurisprudence, and on this basis, he proposes public oversight of the Islamic government. In the field of [[human rights]], he believes in [[human dignity|dignity]] and [[equality|equality of human beings]] and has written that [[rights of religious minorities|religious minorities]] in [[Islamic government]], even if they pay | Amid Zanjani believes in [[absolute wilayat al-faqih]] in political jurisprudence and the structure of Islamic government but considers it compatible with the [[right to vote|people's right to vote]]. He believes in [[political development]] and the expansion of freedoms. He considers justice to be the most fundamental concept of political jurisprudence, and on this basis, he proposes public oversight of the Islamic government. In the field of [[human rights]], he believes in [[human dignity|dignity]] and [[equality|equality of human beings]] and has written that [[rights of religious minorities|religious minorities]] in [[Islamic government]], even if they pay jizya, enjoy many rights according to the dhimma contract and, contrary to popular belief, are not humiliated. In his view, [[apostasy]] is, in fact, a renunciation of political citizenship, and its ruling is determined by the court. | ||
==Scientific and Political Biography== | ==Scientific and Political Biography== | ||
Abbasali Amid Zanjani, (born in Zanjan in April 1316 SH – died in Tehran in November 1390) was a | Abbasali Amid Zanjani, (born in Zanjan in April 1316 SH – died in Tehran in November 1390) was a mujtahid who graduated from the Qom Seminary (from 1330 SH) and the Najaf Seminary (from 1341-1346 SH) and was a student of Ayatollah Boroujerdi, Imam Khomeini, and Ayatollah Khoei, who was an expert in the two fields of political jurisprudence and law and had numerous writings. Amid Zanjani also participated in the lessons of other Najaf teachers such as Hakim and Shahroudi. | ||
He has been active in the field of teaching Islamic law in universities, authoring jurisprudential and legal works, establishing or supervising and managing scientific and university centers, as well as membership in various scientific and cultural councils, and being a prominent figure in 1385 SH (sixth term) and a model professor in the country in 1386 SH (presidency and Ministry of Science, Research and Technology) are among his honors.<ref>Haj-Beigi Kendari, Memoirs of Hojjat al-Islam wal-Muslimeen Abbasali Amid Zanjani; General Department of Cultural Affairs and Public Relations of the Islamic Consultative Assembly, Introduction of Representatives of the Islamic Consultative Assembly.</ref> | He has been active in the field of teaching Islamic law in universities, authoring jurisprudential and legal works, establishing or supervising and managing scientific and university centers, as well as membership in various scientific and cultural councils, and being a prominent figure in 1385 SH (sixth term) and a model professor in the country in 1386 SH (presidency and Ministry of Science, Research and Technology) are among his honors.<ref>Haj-Beigi Kendari, Memoirs of Hojjat al-Islam wal-Muslimeen Abbasali Amid Zanjani; General Department of Cultural Affairs and Public Relations of the Islamic Consultative Assembly, Introduction of Representatives of the Islamic Consultative Assembly.</ref> | ||
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Amid Zanjani has political and executive activities and is one of the companions of Imam Khomeini in Qom and Najaf, who after the victory of the Islamic Revolution held responsibilities such as representing the Islamic Consultative Assembly, membership in the Supreme Council of the Cultural Revolution and the Council for the Revision of the Constitution, and the presidency of Tehran University (1384 to 1386 SH). | Amid Zanjani has political and executive activities and is one of the companions of Imam Khomeini in Qom and Najaf, who after the victory of the Islamic Revolution held responsibilities such as representing the Islamic Consultative Assembly, membership in the Supreme Council of the Cultural Revolution and the Council for the Revision of the Constitution, and the presidency of Tehran University (1384 to 1386 SH). | ||
===Scientific and Jurisprudential Works and Writings=== | ===Scientific and Jurisprudential Works and Writings=== | ||
Amid Zanjani is considered one of the pioneers of teaching constitutional and public law from the perspective of Islam in universities. 35 works by Amid Zanjani have been left on various jurisprudential, legal, political, theological, mystical, and Quranic sciences. Political jurisprudence is one of the most frequent topics in his teaching and writings, and the ten-volume collection of political jurisprudence is his most famous work, which, along with [[Supplement to Political Jurisprudence (book)|Supplement to Political Jurisprudence]] and [[Encyclopedia of Political Jurisprudence (book)|Encyclopedia of Political Jurisprudence]], completes his collection of political jurisprudence. | Amid Zanjani is considered one of the pioneers of teaching constitutional and public law from the perspective of Islam in universities. 35 works by Amid Zanjani have been left on various jurisprudential, legal, political, theological, mystical, and Quranic sciences. Political jurisprudence is one of the most frequent topics in his teaching and writings, and the ten-volume collection of political jurisprudence is his most famous work, which, along with [[Supplement to Political Jurisprudence (book)|Supplement to Political Jurisprudence]] and [[Encyclopedia of Political Jurisprudence (book)|Encyclopedia of Political Jurisprudence]], completes his collection of political jurisprudence. | ||
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===Full-fledged Defense of Absolute Guardianship of the Jurist and the Islamic Republic System=== | ===Full-fledged Defense of Absolute Guardianship of the Jurist and the Islamic Republic System=== | ||
Based on the political teachings of Imam Khomeini, Amid Zanjani believed in the [[theory of absolute appointed guardianship of the jurist]] and has defended it throughout his jurisprudential and political works. In his view, "the line of | Based on the political teachings of Imam Khomeini, Amid Zanjani believed in the [[theory of absolute appointed guardianship of the jurist]] and has defended it throughout his jurisprudential and political works. In his view, "the line of wilayat al-faqih and the system of the Islamic Republic is the peak of the application of political jurisprudence and the summit of authentic Islamic movements and the point of success of all Islamic political thoughts to this day"<ref>Political Jurisprudence, vol. 1, p. 23.</ref> and wilayat al-faqih is compatible with public opinion and the free will of the people and is in line with the sovereignty of God, the Messenger, and the Infallible Imam.<ref>Political Jurisprudence, vol. 1, pp. 68 to 79.</ref> In Amid's view, in the combination of republicanism and Islamism, the republic represents democracy and the people's right to determine their destiny, and Islam represents its content.<ref>Political Jurisprudence, vol. 1, pp. 193 to 196.</ref> Amid Zanjani considers wilayat al-faqih to be the same as the wilayat of the Messenger of God<ref>Political Jurisprudence, vol. 1, p. 259.</ref> who has the right to directly interfere in affairs, but there are also several control levers to prevent his abuse.<ref>Political Jurisprudence, vol. 1, p. 217.</ref> Amid Zanjani's full-fledged defense of the absolute wilayat al-faqih and the Islamic Republic of Iran can be seen in all his works, and one of his special views, in addition to the appointed and absolute faqih, is the existence of divine support for the faqih and his distance from error. While rejecting the existence of self-centeredness, profiteering, and betrayal in the wali-ye faqih, he believes that although the wali-ye faqih is not infallible, he is under the special grace and support of God and is far from error.<ref>Political Jurisprudence, vol. 2, p. 276, vol. 6, p. 123; Political Jurisprudence, vol. 7, p. 486; Encyclopedia of Political Jurisprudence, vol. 2, pp. 118 and 702.</ref> | ||
===Political Development and Expansion of Freedoms, the Most Important Challenge of Political Jurisprudence=== | ===Political Development and Expansion of Freedoms, the Most Important Challenge of Political Jurisprudence=== | ||
In examining the historical and jurisprudential "political thought in the contemporary Islamic world," in the field of Shia and Sunni jurisprudence, Amid considers the most important future challenge to be the combination of | In examining the historical and jurisprudential "political thought in the contemporary Islamic world," in the field of Shia and Sunni jurisprudence, Amid considers the most important future challenge to be the combination of khilafat (in Sunni political thought) and imamat (in Shia political thought) with political development and the expansion of freedoms. In his view, in Sunni jurisprudence, with the closure of the door of ijtihad, we are faced with a crisis of democracy and the Islamic political system in Islamic countries.<ref>Political Jurisprudence, vol. 10, pp. 179 to 189.</ref> He introduces the political thought of wilayat al-faqih as a flexible thought in which the element of imamat is fixed and comprehensive, and the concepts of justice, ijtihad, and political insight are its changing and flexible matters and can be combined with many principles, foundations, and methods of democracy.<ref>Political Jurisprudence, vol. 10, pp. 11 to 178.</ref> | ||
===Solving the Challenge of Democracy, Nationalism, and Modernism in the Form of Moderate Islam=== | ===Solving the Challenge of Democracy, Nationalism, and Modernism in the Form of Moderate Islam=== | ||
Amid Zanjani emphasizes the ideological and monotheistic element of Islamic political thought and proposes theories consistent with | Amid Zanjani emphasizes the ideological and monotheistic element of Islamic political thought and proposes theories consistent with imamat or khilafat for the legitimacy of the political systems of Islamic countries. He reports that along with following the path of the West and the current experience of secular man, Islamic democracy, nationalism, and modernism are three ideas that Islamic thinkers in different Islamic countries have welcomed.<ref>Political Jurisprudence, vol. 10, pp. 40 to 60.</ref> He believes that the ideology of nationalism, even Arab nationalism (the Arab nation), is in conflict with the unity of the Islamic umma and is aligned with racism. Although some have used a combination of Arab and Islamic nationalism, in contrast, someone like Seyyed Jamaluddin Asadabadi has presented the "Islamic society" in opposition to the "Arab society."<ref>Political Jurisprudence, vol. 10, pp. 61 to 83.</ref> | ||
In the discussion of "Iranian nationalism," Amid rejects the accusation that Shiism is a kind of Iranian nationalism movement against the ruling Islam and the national feeling of Iranians in compensating for the defeat against Arab Islam.<ref>Political Jurisprudence, vol. 10, pp. 84 to 122.</ref> While emphasizing the protection of the past heritage and remaining committed to religious tradition and heritage, he does not necessarily consider it backwardness and turning away from modernism and accepts modernism in executive affairs and "what has no text in it" and in the face of progressive Islam (supporters of modernism) and Salafi Islam (opponents of modernism) calls his name "moderate Islam," which he also sees Allameh Tabatabai and [[ | In the discussion of "Iranian nationalism," Amid rejects the accusation that Shiism is a kind of Iranian nationalism movement against the ruling Islam and the national feeling of Iranians in compensating for the defeat against Arab Islam.<ref>Political Jurisprudence, vol. 10, pp. 84 to 122.</ref> While emphasizing the protection of the past heritage and remaining committed to religious tradition and heritage, he does not necessarily consider it backwardness and turning away from modernism and accepts modernism in executive affairs and "what has no text in it" and in the face of progressive Islam (supporters of modernism) and Salafi Islam (opponents of modernism) calls his name "moderate Islam," which he also sees Allameh Tabatabai and [[Sayyid Ruhollah Musavi Khomeini]] in this category.<ref>Political Jurisprudence, vol. 10, pp. 204 to 218.</ref> | ||
===The Challenge of Republicanism and Islamism and the Vulnerability of the Islamic Revolution=== | ===The Challenge of Republicanism and Islamism and the Vulnerability of the Islamic Revolution=== | ||
In Amid Zanjani's view, the challenge of political power and people's freedom is one of the vulnerable points of revolutions. In the Islamic Revolution of Iran, there is also this challenge between Islamism ( | In Amid Zanjani's view, the challenge of political power and people's freedom is one of the vulnerable points of revolutions. In the Islamic Revolution of Iran, there is also this challenge between Islamism (wilayat al-faqih) and democracy and people's freedom. This challenge can create two types of deviation in terms of knowledge and application: 1) An approach that considers wilayat al-faqih a dictator and a factor in depriving freedoms, and 2) An approach that interprets people's freedom as rebellion and liberation towards corruption.<ref>Islamic Revolution, Causes, Issues, and Political System, p. 266.</ref> | ||
===Dar al-Islam and Dar al-Kufr in the New World=== | ===Dar al-Islam and Dar al-Kufr in the New World=== | ||
In addition to [[private ownership|personal]], [[public ownership|public]], and [[state ownership|state]] ownership, Islam has also attributed lands to nations based on belief and ideology<ref>Homeland and Land and Its Legal Effects, pp. 30 and 119.</ref> and on this basis, the division of [[Dar al-Islam]] and [[Dar al-Kufr]] has been formed.<ref>Homeland and Land and Its Legal Effects, p. 30. 108.</ref> In jurisprudence, the jurisprudential homeland is discussed with religious effects,<ref>Homeland and Land and Its Legal Effects, p. 34.</ref> but the ideal of Islam is to create a unified global | In addition to [[private ownership|personal]], [[public ownership|public]], and [[state ownership|state]] ownership, Islam has also attributed lands to nations based on belief and ideology<ref>Homeland and Land and Its Legal Effects, pp. 30 and 119.</ref> and on this basis, the division of [[Dar al-Islam]] and [[Dar al-Kufr]] has been formed.<ref>Homeland and Land and Its Legal Effects, p. 30. 108.</ref> In jurisprudence, the jurisprudential homeland is discussed with religious effects,<ref>Homeland and Land and Its Legal Effects, p. 34.</ref> but the ideal of Islam is to create a unified global umma and country and the rule of God's law on earth;<ref>Homeland and Land and Its Legal Effects, p. 38.</ref> therefore, geographical boundaries do not have real validity<ref>Homeland and Land and Its Legal Effects, p. 38.</ref> and until the realization of global Islamic rule, peaceful methods must be used, just as the Prophet of Islam (PBUH) formed the Islamic country and government instead of the tribal system of Hejaz and the Arabian Peninsula with peaceful methods.<ref>Homeland and Land and Its Legal Effects, p. 64.</ref> | ||
==Political Economy of Islam and the Theory of Adjustment== | ==Political Economy of Islam and the Theory of Adjustment== | ||
Amid Zanjani sees [[Islamic economics]] within the political system of Islam and believes that the system of | Amid Zanjani sees [[Islamic economics]] within the political system of Islam and believes that the system of imamat governs economic management, and therefore the Imam of the umma can also act in economic affairs as required by expediency.<ref>Political Jurisprudence, vol. 4, pp. 13 and 14.</ref> Also, in his view, both the free and state economic systems have a special place in the Islamic economic system, and accepting none means denying the other. He criticizes the theory of Islamic free economy based on the slogan "People are in control of their property" and also the theory of Islamic socialism based on the slogan "The wealth of God" and proposes the theory of adjustment and warns about the tendency towards free markets and privatization.<ref>Political Jurisprudence, vol. 4, pp. 190 to 200.</ref> | ||
In the methodology of the political economy of Islam, he mentions the questions and challenges ahead; such as: the use of induction and experience consistent with custom in the rulings of "what has no text in it", the use of analogy in economic issues in Sunni jurisprudence, the impact of the [[inflation]] issue on the norms of the Islamic economy (such as alimony, fair wage, and the ruling of | In the methodology of the political economy of Islam, he mentions the questions and challenges ahead; such as: the use of induction and experience consistent with custom in the rulings of "what has no text in it", the use of analogy in economic issues in Sunni jurisprudence, the impact of the [[inflation]] issue on the norms of the Islamic economy (such as alimony, fair wage, and the ruling of riba), the impact of the requirements of time and place in evaluating religious texts and jurisprudential inference, the degree of acceptability, rationality, and benefits and harms of rulings and its difference and extent in Islamic and Western economic models, the role and limits of the intervention of imamat in the political economy system of Islam.<ref>Political Jurisprudence, vol. 4, pp. 201 to 231.</ref> | ||
==The Place of Justice in Various Dimensions of Islamic Thought== | ==The Place of Justice in Various Dimensions of Islamic Thought== | ||
Justice is one of the topics of special attention to Amid Zanjani. In explaining the ideological roots of the Islamic Revolution of Iran, he introduces the establishment and expansion of justice as one of the foundations of political thought in the Quran and believes that according to the Quranic view, justice, in addition to being one of the prominent divine attributes in creation and the best human characteristic, is also one of the two basic goals of the prophets' mission.<ref>Islamic Revolution of Iran; Causes, Issues, and Political System, p. 61.</ref> He has also considered justice as a condition for | Justice is one of the topics of special attention to Amid Zanjani. In explaining the ideological roots of the Islamic Revolution of Iran, he introduces the establishment and expansion of justice as one of the foundations of political thought in the Quran and believes that according to the Quranic view, justice, in addition to being one of the prominent divine attributes in creation and the best human characteristic, is also one of the two basic goals of the prophets' mission.<ref>Islamic Revolution of Iran; Causes, Issues, and Political System, p. 61.</ref> He has also considered justice as a condition for khilafat and imamat in political jurisprudence<ref>Political Jurisprudence, vol. 7, p. 163.</ref> In the discussion of the role of reason in discovering expediency in the [[fixed and variable rulings|variable rulings of Islam]], he also introduces justice as the main criterion for determining the right and religious ruling.<ref>Political Jurisprudence, vol. 9, p. 416.</ref> | ||
In the issue of [[human rights]], justice is also the measure of legal rules, one example of which is the rights of minorities.<ref>Political Jurisprudence, vol. 10, p. 414</ref> The implementation and generalization of justice, in addition to public and internal security<ref>Foundations of Human Rights in Islam and the Contemporary World, p. 184</ref> also plays a role in international society and global security, and the world is forced to reach and achieve the correct concept of justice in order to achieve security<ref>Political Jurisprudence, vol. 3, p. 422; International Humanitarian Law from the Perspective of Islam, pp. 75 and 82.</ref> In Islamic economics and political economy, the ultimate goal is nothing but justice.<ref>Political Jurisprudence, vol. 4, p. 218.</ref> Also, in the right to justice, education, social security, and public supervision, justice should not be forgotten<ref>Foundations of Human Rights in Islam and the Contemporary World, pp. 208-210; Political Jurisprudence, vol. 7, p. 555.</ref> | In the issue of [[human rights]], justice is also the measure of legal rules, one example of which is the rights of minorities.<ref>Political Jurisprudence, vol. 10, p. 414</ref> The implementation and generalization of justice, in addition to public and internal security<ref>Foundations of Human Rights in Islam and the Contemporary World, p. 184</ref> also plays a role in international society and global security, and the world is forced to reach and achieve the correct concept of justice in order to achieve security<ref>Political Jurisprudence, vol. 3, p. 422; International Humanitarian Law from the Perspective of Islam, pp. 75 and 82.</ref> In Islamic economics and political economy, the ultimate goal is nothing but justice.<ref>Political Jurisprudence, vol. 4, p. 218.</ref> Also, in the right to justice, education, social security, and public supervision, justice should not be forgotten<ref>Foundations of Human Rights in Islam and the Contemporary World, pp. 208-210; Political Jurisprudence, vol. 7, p. 555.</ref> | ||
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One of the principles that Amid Zanjani raises from the perspective of Islam is the principle of global-human solidarity. According to this principle, Islam's view of mankind is based on brotherhood, and blood, racial, and ethnic separations have no importance or authenticity in the path of humanity and obedience to God and do not create any discrimination or privilege for anyone.<ref>International Treaty Law and Diplomacy in Islam, p. 71.</ref> The principle of equality, like the principle of freedom, is absolute<ref>International Treaty Law and Diplomacy in Islam, p. 73.</ref> and according to the verses of the Quran, mankind was created from a couple, and all human beings are children of one father and mother, and there is no privilege for any individual or family.<ref>International Treaty Law and Diplomacy in Islam, p. 74.</ref> | One of the principles that Amid Zanjani raises from the perspective of Islam is the principle of global-human solidarity. According to this principle, Islam's view of mankind is based on brotherhood, and blood, racial, and ethnic separations have no importance or authenticity in the path of humanity and obedience to God and do not create any discrimination or privilege for anyone.<ref>International Treaty Law and Diplomacy in Islam, p. 71.</ref> The principle of equality, like the principle of freedom, is absolute<ref>International Treaty Law and Diplomacy in Islam, p. 73.</ref> and according to the verses of the Quran, mankind was created from a couple, and all human beings are children of one father and mother, and there is no privilege for any individual or family.<ref>International Treaty Law and Diplomacy in Islam, p. 74.</ref> | ||
The principle of equality is also one of the components of the principle of invitation to achieve a single global | The principle of equality is also one of the components of the principle of invitation to achieve a single global umma; because God has considered Islam to be the last religion of the world and all of humanity to be one umma.<ref>International Treaty Law and Diplomacy in Islam, p. 83.</ref> In the light of this principle, international cooperation will take shape in solving global economic and political problems, as well as fighting physical and mental illnesses.<ref>International Treaty Law and Diplomacy in Islam, p. 85.</ref> | ||
===The Right to Freedom of Residence=== | ===The Right to Freedom of Residence=== | ||
In Islam, the freedom to choose and change homeland, residence, and domicile is legitimate for all human beings, both Muslim and non-Muslim.<ref>Homeland and Land and Its Legal Effects, p. 20.</ref> In Islam, the right to freedom of housing is also reserved for minorities and non-Muslims within the framework of the | In Islam, the freedom to choose and change homeland, residence, and domicile is legitimate for all human beings, both Muslim and non-Muslim.<ref>Homeland and Land and Its Legal Effects, p. 20.</ref> In Islam, the right to freedom of housing is also reserved for minorities and non-Muslims within the framework of the dhimma or aman contract; except in prohibited and forbidden areas such as the city of Mecca.<ref>Homeland and Land and Its Legal Effects, pp. 164-167.</ref> The residence of Muslims in the lands of kufr and non-Islamic countries is without objection if they are able to perform religious duties and establish Islamic rituals, and otherwise, their migration to Islamic lands is obligatory; except in special and exceptional cases.<ref>Homeland and Land and Its Legal Effects, pp. 155-157.</ref> | ||
===Rights of Religious Minorities and Payment of Jizya=== | ===Rights of Religious Minorities and Payment of Jizya=== | ||
In his works, Amid Zanjani has examined the rights of minorities, especially the nature of the | In his works, Amid Zanjani has examined the rights of minorities, especially the nature of the dhimma contract, and has introduced it as a "national unity pact." He believes that this contract is a factor for national unity and solidarity, as well as cooperation between the Islamic community and non-Muslim groups in the realm of Islamic government.<ref>Minority Rights, p. 57.</ref> From his point of view, the financial commitment arising from the dhimma contract (jizya), contrary to popular belief, is neither as a punishment for not accepting Islam nor to humiliate minorities. This contract is based on three key principles: (1) the consent and agreement of both parties to the contract, (2) the insignificance of the amount of jizya and attention to the minimum facilities of minorities, (3) the exemption of non-Muslim allies from the financial, defensive, and military responsibilities that are the responsibility of the Muslim community.<ref>Minority Rights, pp. 96-98.</ref> | ||
In addition, the | In addition, the dhimma contract creates heavy and specific obligations for the Islamic community, which ensures their comprehensive immunity,<ref>Minority Rights, p. 136.</ref> religious freedom,<ref>Minority Rights, pp. 142, 157, 164, 166, 168.</ref> and judicial independence<ref>Minority Rights, pp. 178-184.</ref> and gives religious minorities freedom of housing and the right to choose a place of residence, with the exception of prohibited areas,<ref>Minority Rights, pp. 170-172.</ref> and economic freedom within the framework of Islamic economic principles, such as the prohibition of riba<ref>Minority Rights, pp. 191-203.</ref> and gives them civil rights.<ref>Minority Rights, pp. 204-220.</ref> On this basis, minorities will have ethical and social interactions with Muslims<ref>Minority Rights, pp. 221-250.</ref> and enjoy the freedom of social activities based on Islamic and Quranic logic.<ref>Minority Rights, pp. 251-259.</ref> | ||
===Applying the Renunciation of Political Citizenship to Apostasy=== | ===Applying the Renunciation of Political Citizenship to Apostasy=== | ||