The Rules of Political Fiqh (Expediency) (book): Difference between revisions
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# The foundations, sources, and institutions of expediency in the fiqh and governmental thought of Islam (Chapters 6-8). | # The foundations, sources, and institutions of expediency in the fiqh and governmental thought of Islam (Chapters 6-8). | ||
=== The Author === | === The Author === | ||
Abbasali Amid Zanjani (1316 - 1390 SH / 1937 - 2011 CE), the author of the book, was a mujtahid, legal scholar, university professor, and political science researcher. He studied in the seminaries of Qom and Najaf under masters such as [[Sayyid Hossein Borujerdi]], [[Ruhollah Khomeini]], [[Sayyid Abu al-Qasim al-Khoei]], and [[Sayyid Muhsin al-Hakim]]. The ten-volume series *Political Fiqh* is among his famous works, which has been reprinted many times. He also had experience in the political arena as a member of the Islamic Consultative Assembly and the Assembly of Experts. | Abbasali Amid Zanjani (1316 - 1390 SH / 1937 - 2011 CE), the author of the book, was a mujtahid, legal scholar, university professor, and political science researcher. He studied in the seminaries of Qom and Najaf under masters such as [[Sayyid Hossein Borujerdi]], [[Sayyid Ruhollah Musavi Khomeini]], [[Sayyid Abu al-Qasim al-Khoei]], and [[Sayyid Muhsin al-Hakim]]. The ten-volume series *Political Fiqh* is among his famous works, which has been reprinted many times. He also had experience in the political arena as a member of the Islamic Consultative Assembly and the Assembly of Experts. | ||
==Jurisprudential Rules: A Limbo between Usul al-Fiqh and Fiqhi Issues== | ==Jurisprudential Rules: A Limbo between Usul al-Fiqh and Fiqhi Issues== | ||
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The conduct of the Infallibles and their considerations of expediency can be guiding and illuminating for human social life. With this emphasis, the author takes a historical look at expediency in Islamic history and enumerates its important instances: the expediency of the Prophet's migration (*hijra*), Imam Ali's (a) silence, Imam Hasan's (a) peace treaty, the uprising of Ashura, the stances of the Imams, Imam Rida's (a) acceptance of the heir apparency, the occultation of the Imam of the Age (aj), and the institution of passion plays (*ta'ziyah*) for the preservation and survival of Shi'ism. For example, he explains the expediency in the occultation of Imam al-Zaman (a) as being a reserve for the future (*baqiyyat Allah*) and a constructive expectation and hope, as opposed to the minimal use of the Imam's presence in a state of oppression. | The conduct of the Infallibles and their considerations of expediency can be guiding and illuminating for human social life. With this emphasis, the author takes a historical look at expediency in Islamic history and enumerates its important instances: the expediency of the Prophet's migration (*hijra*), Imam Ali's (a) silence, Imam Hasan's (a) peace treaty, the uprising of Ashura, the stances of the Imams, Imam Rida's (a) acceptance of the heir apparency, the occultation of the Imam of the Age (aj), and the institution of passion plays (*ta'ziyah*) for the preservation and survival of Shi'ism. For example, he explains the expediency in the occultation of Imam al-Zaman (a) as being a reserve for the future (*baqiyyat Allah*) and a constructive expectation and hope, as opposed to the minimal use of the Imam's presence in a state of oppression. | ||
The expediency of unity and solidarity, factors of social cohesion, the expediency of " | The expediency of unity and solidarity, factors of social cohesion, the expediency of "[[mu'allafati qulubuhum]]" (those whose hearts are to be reconciled) and the view of Sunni jurists on it are the subsequent topics of the book, for which the author refers to Quranic verses and, where appropriate, historical examples. After presenting the theories of Maliki, Hanbali, Shafi'i, and Hanafi jurists on "*mu'allafati qulubuhum*", Amid Zanjani believes that this group in Shia fiqh includes two general categories: giving from the *mu'allafati qulubuhum* share to non-believers for the sake of jihad, and to Muslims of weak faith to strengthen their belief (pp. 151-183). | ||
==Discovering Expediency through Reason== | ==Discovering Expediency through Reason== | ||
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==The Inability of the Philosophy of Fiqh to Break the Enclosure of Devotionalism in Shia Fiqh== | ==The Inability of the Philosophy of Fiqh to Break the Enclosure of Devotionalism in Shia Fiqh== | ||
Devotionalism (*ta'abbud*) and expediency are challenging topics. Amid Zanjani believes that in addition to the internal challenge between these two, it is also not clearly understood from the perspective of religious epistemology (e.g., that expediency-seeking is polytheism) and from a practical perspective whether one should act according to devotionalism in managing one's life or accept the Shari'a based on expediency. He claims that this conflict has been resolved in Shia fiqh, and jurists have designated the sphere of devotionalism for textually stipulated rulings and the sphere of reason and expediency for matters with no explicit text ( | Devotionalism (*ta'abbud*) and expediency are challenging topics. Amid Zanjani believes that in addition to the internal challenge between these two, it is also not clearly understood from the perspective of religious epistemology (e.g., that expediency-seeking is polytheism) and from a practical perspective whether one should act according to devotionalism in managing one's life or accept the Shari'a based on expediency. He claims that this conflict has been resolved in Shia fiqh, and jurists have designated the sphere of devotionalism for textually stipulated rulings and the sphere of reason and expediency for matters with no explicit text ([[ma la nassa fih]]) and governmental rulings. | ||
However, Shia and Sunni Muslim philosophers, in the conflict between devotionalism and reason, have always preferred reason over devotionalism and have given primacy to reason in their conflict. The author then attempts to examine and resolve this conflict through | However, Shia and Sunni Muslim philosophers, in the conflict between devotionalism and reason, have always preferred reason over devotionalism and have given primacy to reason in their conflict. The author then attempts to examine and resolve this conflict through [[The philosophy of jurisprudence]] but concludes that even if in jurisprudential derivation we use the nature of fiqh, the foundations of legal obligation, and the sources of the issuance of divine commands and prohibitions (philosophy of fiqh) instead of *usul al-fiqh*, we are still confined within the straits of devotionalism and cannot penetrate its enclosure. Therefore, even with the philosophy of fiqh, Shia fiqh cannot enter the open zone of expediency and the [[objectives of the Sharia]] like the Sunnis (such as al-Shatibi in his book "Al-Muwafaqat"). | ||
Despite the enclosure of devotionalism, Amid Zanjani also points to instances of "the retreat of devotionalist thought in the face of the pressure of time" in Shia fiqh, such as overlooking objective contradictions and accepting the monetary and banking system in the form of fiqhi contracts or adhering to deferred sale for deferred payment in foreign transactions (pp. 219-230). | Despite the enclosure of devotionalism, Amid Zanjani also points to instances of "the retreat of devotionalist thought in the face of the pressure of time" in Shia fiqh, such as overlooking objective contradictions and accepting the monetary and banking system in the form of fiqhi contracts or adhering to deferred sale for deferred payment in foreign transactions (pp. 219-230). | ||
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==Expediency: A Theory Based on the Principle of Guardianship of the Jurist== | ==Expediency: A Theory Based on the Principle of Guardianship of the Jurist== | ||
"Expediency in governmental thought" is the last chapter of the book. In it, the author first discusses "expediency in Salafi thought," particularly addressing the beliefs of Ibn Taymiyyah, including his two rational and religious expediencies for the illegitimacy of rising up against a corrupt caliph and sultan. He then turns to "expediency in the political thought of [[Muhammad Husayn Na'ini|Mirza Na'ini]] and the Constitutional Revolution," "expediency in the political thought of [[Ruhollah | "Expediency in governmental thought" is the last chapter of the book. In it, the author first discusses "expediency in Salafi thought," particularly addressing the beliefs of Ibn Taymiyyah, including his two rational and religious expediencies for the illegitimacy of rising up against a corrupt caliph and sultan. He then turns to "expediency in the political thought of [[Muhammad Husayn Na'ini|Mirza Na'ini]] and the Constitutional Revolution," "expediency in the political thought of [[Sayyid Ruhollah Musavi Khomeini]]," "expediency and the Constitution of the Islamic Republic of Iran," and "the Expediency Discernment Council and the Council for Constitutional Revision." | ||
He calls expediency the most prominent political element in Imam Khomeini's thought, which has even distinguished his political thought from other jurisprudential and political thoughts. In Imam Khomeini's view, unlike some jurists, [[governmental rulings]] are not a type of secondary ruling; rather, the criteria for governmental rulings are different from those for primary and secondary rulings. The legitimacy of governmental rulings is based on the principle of the [[Guardianship of the Jurist]], which is itself a primary ruling based on binding expediency. | He calls expediency the most prominent political element in Imam Khomeini's thought, which has even distinguished his political thought from other jurisprudential and political thoughts. In Imam Khomeini's view, unlike some jurists, [[governmental rulings]] are not a type of secondary ruling; rather, the criteria for governmental rulings are different from those for primary and secondary rulings. The legitimacy of governmental rulings is based on the principle of the [[Guardianship of the Jurist]], which is itself a primary ruling based on binding expediency. | ||
In his final discussion, titled "The Efficacy and Reflection of the Institution of Expediency," Amid Zanjani concludes that expediency is not a jurisprudential principle or rule, but a jurisprudential theory arising from the foundation of the | In his final discussion, titled "The Efficacy and Reflection of the Institution of Expediency," Amid Zanjani concludes that expediency is not a jurisprudential principle or rule, but a jurisprudential theory arising from the foundation of the Guardianship of the Jurist (pp. 341-404). | ||
[[Category:Books on the Fiqh of Expediency]] | [[Category:Books on the Fiqh of Expediency]] | ||