State theories in Shiite jurisprudence (book): Difference between revisions
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The difference between the theory of public appointing jurist (wali al-faqih) of the Council of religious jurist (wali al-faqih) and the two theories of public appointing jurist (wali al-faqih) of the jurists and absolute jurist (wali al-faqih) is that instead of one person at the top of the pyramid of power, a council of authorities takes over the affairs of the nation (p. 97). Meanwhile, according to the previous two theories, if a righteous jurist exercises guardianship, no more jurists are allowed to exercise guardianship (p. 88. So, the guardian of the matter is determined from among the righteous jurists who have the current guardianship (p. 89). | The difference between the theory of public appointing jurist (wali al-faqih) of the Council of religious jurist (wali al-faqih) and the two theories of public appointing jurist (wali al-faqih) of the jurists and absolute jurist (wali al-faqih) is that instead of one person at the top of the pyramid of power, a council of authorities takes over the affairs of the nation (p. 97). Meanwhile, according to the previous two theories, if a righteous jurist exercises guardianship, no more jurists are allowed to exercise guardianship (p. 88. So, the guardian of the matter is determined from among the righteous jurists who have the current guardianship (p. 89). | ||
=== Functional duality in the theory of legitimate monarchy === | === Functional duality in the theory of legitimate monarchy === | ||
Legitimate monarchy is one of the other theories of appointment, according to the author, it is one of the few theories in Shiite political jurisprudence that has been experienced in practice and has been governing the political practice of Shiites for a long time. (p. 58) This theory has two principles: one; The appointment of jurisprudents in non-litigious matters (al-omour al-hesbiah), such as adjudication and propagation of religious rules, enforcement of Hudud (fixed punishments under Islamic law), administration of endowments, etc., which is also interpreted as Sharia. The king has power in this area with conditions such as Islam, Shiism, and having jurist (wali al-faqih). Of course, according to him, this separation was due to due to the imposing of the conditions of the time, and the jurists were forced to be satisfied with this amount of jurist (wali al-faqih) (pp. 59-60). Five interpretations of this theory are presented by [[Mohammad Baqer Majlesi]], [[Mirza Abolqassem Gilani]], | Legitimate monarchy is one of the other theories of appointment, according to the author, it is one of the few theories in Shiite political jurisprudence that has been experienced in practice and has been governing the political practice of Shiites for a long time. (p. 58) This theory has two principles: one; The appointment of jurisprudents in non-litigious matters (al-omour al-hesbiah), such as adjudication and propagation of religious rules, enforcement of Hudud (fixed punishments under Islamic law), administration of endowments, etc., which is also interpreted as Sharia. The king has power in this area with conditions such as Islam, Shiism, and having jurist (wali al-faqih). Of course, according to him, this separation was due to due to the imposing of the conditions of the time, and the jurists were forced to be satisfied with this amount of jurist (wali al-faqih) (pp. 59-60). Five interpretations of this theory are presented by [[Mohammad Baqer Majlesi]], [[Mirza Abolqassem Gilani]], [[Sayyid Ja'far Kashfi]], [[Fazlollah Nouri]], and [[Abdolkarim Haeri Yazdi]] and Mohammad Ali Araki (p. 61-79). | ||