Jurisprudence and Government (book): Difference between revisions

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* '''abstract'''
* '''abstract'''
'''Jurisprudence and government (Book)''' (in persian: [http://ency.feqhemoaser.com/fa/view/%D9%81%D9%82%D9%87_%D9%88_%D8%AF%D9%88%D9%84%D8%AA_(%DA%A9%D8%AA%D8%A7%D8%A8) فقه و دولت (کتاب)]) is a book that is consisted of lectures on [[contemporary jurisprudence]] issues, most of which are about [[political jurisprudence]]. It considers issues such as [[expediency]], limiting power, the place of the people in the [[Islamic government]], and the relationship between the media and the government. The theorists whose lectures are mentioned here are mostly professors of [[Qom seminary]] such as [[Seyfullah Sorami]], [[Mohammad Javad Arasta]], [[Kazem Qazizadeh]], [[Mohammad Soroush Mahallati]], [[Sayyid Javad Varai|Seyyed Javad Varaei]] and Mohsen Ghoravyan.
'''Jurisprudence and government (Book)''' (in persian: [http://ency.feqhemoaser.com/fa/view/%D9%81%D9%82%D9%87_%D9%88_%D8%AF%D9%88%D9%84%D8%AA_(%DA%A9%D8%AA%D8%A7%D8%A8) فقه و دولت (کتاب)]) is a book that is consisted of lectures on [[contemporary jurisprudence]] issues, most of which are about [[political jurisprudence]]. It considers issues such as [[expediency]], limiting power, the place of the people in the [[Islamic government]], and the relationship between the media and the government. The theorists whose lectures are mentioned here are mostly professors of [[Qom seminary]] such as [[Seyfullah Sorami|Seyfullah Sarrami]], [[Mohammad Javad Arasta]], [[Kazem Qazizadeh]], [[Mohammad Soroush Mahallati]], [[Sayyid Javad Varai|Seyyed Javad Varaei]] and Mohsen Ghoravyan.


According to what is stated in this book, [[Seyfullah Sorami]] called the arrangement of interests in the life of [[Imam Ali (AS)|Imam Ali (PBUH)]] as follows: Islam, Muslim unity, maintaining Muslim government, justice, security, and finally special jurisprudence. In addition, according to Kazem Qazizadeh, based on the life of the [[Prophet Muhammad (PBUH)|Prophet]] and Imam Ali (PBUH), the six rights of the people in relation to the government are: selecting the ruler, participatiing in decision-making, having a commanding view over the rulers, giving advice advice, [[enjoining what is good and forbidding what is evil|enjoining the right and forbidding the wrong]], and, finally, having practical objection. According to Seyyed Javad Varaei said, people have the right to disobey the government in three situations during [[The Occultation|occultation]]: (a) Laws and decisions against [[Sharia]], (b) Wrong rulings and regulations and decisions, and (c) Failure of the government to fulfil its duties towards the people.
According to what is stated in this book, [[Seyfullah Sorami|Seyfullah Sarrami]] called the arrangement of interests in the life of [[Imam Ali (AS)|Imam Ali (PBUH)]] as follows: Islam, Muslim unity, maintaining Muslim government, justice, security, and finally special jurisprudence. In addition, according to Kazem Qazizadeh, based on the life of the [[Prophet Muhammad (PBUH)|Prophet]] and Imam Ali (PBUH), the six rights of the people in relation to the government are: selecting the ruler, participatiing in decision-making, having a commanding view over the rulers, giving advice advice, [[enjoining what is good and forbidding what is evil|enjoining the right and forbidding the wrong]], and, finally, having practical objection. According to Seyyed Javad Varaei said, people have the right to disobey the government in three situations during [[The Occultation|occultation]]: (a) Laws and decisions against [[Sharia]], (b) Wrong rulings and regulations and decisions, and (c) Failure of the government to fulfil its duties towards the people.
The mentioned lectures were held at Fahim Institute. The topics and sections of the book are arranged without specific categories and order. Some of its contents are not closely related to the issues raised in jurisprudence. This book was published in 2016.
The mentioned lectures were held at Fahim Institute. The topics and sections of the book are arranged without specific categories and order. Some of its contents are not closely related to the issues raised in jurisprudence. This book was published in 2016.


==General information==
==General information==
The book Jurisprudence and Government was composed of books of Fahim Institute on the subject of [[political jurisprudence]], which includes 19 lectures on [[expediency]], limiting power, the place of the people in [[Islamic government]], as well as media and government. These subjects are based on jurisprudence, and the following scholars’views have been discussed: Seyfullah Sorami, Mohammad Javad Arasta, Mohsen Ghorayan, Mohammad Soroush Mahallati, Seyed Javad Varaei, Mehdipourhossein, Mohammad Hadi Mofatteh and Kazem Qazizadeh.
The book Jurisprudence and Government was composed of books of Fahim Institute on the subject of [[political jurisprudence]], which includes 19 lectures on [[expediency]], limiting power, the place of the people in [[Islamic government]], as well as media and government. These subjects are based on jurisprudence, and the following scholars’views have been discussed: Seyfullah Sarrami, Mohammad Javad Arasta, Mohsen Ghorayan, Mohammad Soroush Mahallati, Seyed Javad Varaei, Mehdipourhossein, Mohammad Hadi Mofatteh and Kazem Qazizadeh.


Although the title of the book is "Jurisprudence and Government" and it follows that all its contents and lectures are from a jurisprudential point of view, some theories are independent from the jurisprudential point of view which is why they are not mentioned in this article: including Religion and media rights; media propaganda of religion; Principles and challenges.
Although the title of the book is "Jurisprudence and Government" and it follows that all its contents and lectures are from a jurisprudential point of view, some theories are independent from the jurisprudential point of view which is why they are not mentioned in this article: including Religion and media rights; media propaganda of religion; Principles and challenges.
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* Seyyed Javad Warai (born 1964) is a lecturer in foreign jurisprudence at the [[Qom seminary]] and the author of books and articles on [[political jurisprudence]], including jurisprudential examination of obedience and civil disobedience, and citizenship rights in Islamic thought.<ref>"Seyyed Javad Varaei", Ijtihad Network.</ref>  
* Seyyed Javad Warai (born 1964) is a lecturer in foreign jurisprudence at the [[Qom seminary]] and the author of books and articles on [[political jurisprudence]], including jurisprudential examination of obedience and civil disobedience, and citizenship rights in Islamic thought.<ref>"Seyyed Javad Varaei", Ijtihad Network.</ref>  
* [[Mohammad Javad Fakhkhar Tousi]], a lecturer of Karij Fiqh and principles at [[Qom Seminary]] and the author of the book The rights of the accused: A Jurisprudential-Legal Review as well as Jurisprudential Research in News Agency.
* [[Mohammad Javad Fakhkhar Tousi]], a lecturer of Karij Fiqh and principles at [[Qom Seminary]] and the author of the book The rights of the accused: A Jurisprudential-Legal Review as well as Jurisprudential Research in News Agency.
* Seyfullah Sorami (born 1963) is a lecturer of Kharij Fiqh and principles at [[Qom Seminary]], the associate professor at the Research Institute of Islamic Sciences and Culture, and the author of books on [[political jurisprudence]], including people's rights in government, and non-litigious matters: a governmental institution and apostate rulings from the perspective of Islam.<ref>"Research School of Jurisprudence and Law", website of the Research Institute of Islamic Sciences and Culture.</ref>
* Seyfullah Sarrami (born 1963) is a lecturer of Kharij Fiqh and principles at [[Qom Seminary]], the associate professor at the Research Institute of Islamic Sciences and Culture, and the author of books on [[political jurisprudence]], including people's rights in government, and non-litigious matters: a governmental institution and apostate rulings from the perspective of Islam.<ref>"Research School of Jurisprudence and Law", website of the Research Institute of Islamic Sciences and Culture.</ref>
* Mohammad Javad Arasta (born 1964) is a lecturer in foreign jurisprudence at [[Qom Seminary]], associate professor at Tehran University and the author of works on [[political jurisprudence]], including the Islamic human rights system and supervision of institutions under the leadership category.<ref>"Mohammed Javad Arasta", University of Tehran website.</ref>
* Mohammad Javad Arasta (born 1964) is a lecturer in foreign jurisprudence at [[Qom Seminary]], associate professor at Tehran University and the author of works on [[political jurisprudence]], including the Islamic human rights system and supervision of institutions under the leadership category.<ref>"Mohammed Javad Arasta", University of Tehran website.</ref>


==Expediency==
==Expediency==
Two of the lectures mentioned in the book are about [[expediency]] presented by [[Seyfullah Sorami]] and [[Sayyid Javad Varai|Seyyed Javad Varaei]].
Two of the lectures mentioned in the book are about expediency presented by [[Seyfullah Sorami|Seyfullah Sarrami]] and [[Sayyid Javad Varai|Seyyed Javad Varaei]].


===Expediency in the Alavi government===
===Expediency in the Alavi government===
[[Seyfullah Sorami]], relying on the lives of the Caliphs and [[Imam Ali (AS)|Imam Ali (PBUH)]], first pointed out with a critical look at cases of decisions based on expediency during the caliphate of [[Abu Bakr]] and [[Umar ibn al-Khattab|Omar]] (pp. 21-24). Then the issue of arbitration as an example of paying attention to expediency during the caliphate period of [[Imam Ali (AS)|Imam Ali (PBUH)]] has been discussed. At the same time, by stating the criticisms of [[Imam Ali (AS)|Ali Ibn Abi Talib]] on the expediency thinking of the previous periods, it has been said that [[Imam Ali (AS)|Imam Ali (PBUH)]] considers expediency against religion as [[shirk|polytheism]]. (pp. 26-24)
[[Seyfullah Sorami|Seyfullah Sarrami]], relying on the lives of the Caliphs and [[Imam Ali (AS)|Imam Ali (PBUH)]], first pointed out with a critical look at cases of decisions based on expediency during the caliphate of [[Abu Bakr]] and [[Umar ibn al-Khattab|Omar]] (pp. 21-24). Then the issue of arbitration as an example of paying attention to expediency during the caliphate period of [[Imam Ali (AS)|Imam Ali (PBUH)]] has been discussed. At the same time, by stating the criticisms of [[Imam Ali (AS)|Ali Ibn Abi Talib]] on the expediency thinking of the previous periods, it has been said that [[Imam Ali (AS)|Imam Ali (PBUH)]] considers expediency against religion as [[shirk|polytheism]]. (pp. 26-24)
Accordingly, the purpose of Imam Ali's expediency thoughts is to implement the rulings and justice, as well as to reform the nation and restore the religion. Also, the order of interests in the biography of [[Imam Ali (AS)|Ali bin Abi Talib]] is stated as follows: Islam, the unity of Muslims, maintaining the rule of Muslims, justice, security, and finally special jurisprudential rulings. (p. 27)
Accordingly, the purpose of Imam Ali's expediency thoughts is to implement the rulings and justice, as well as to reform the nation and restore the religion. Also, the order of interests in the biography of [[Imam Ali (AS)|Ali bin Abi Talib]] is stated as follows: Islam, the unity of Muslims, maintaining the rule of Muslims, justice, security, and finally special jurisprudential rulings. (p. 27)