Jurisprudence and Government (book): Difference between revisions

Sarfipour (talk | contribs)
Sarfipour (talk | contribs)
Line 83: Line 83:


===The Position of enjoining the Right and forbidding the Wrong in Islamic government===
===The Position of enjoining the Right and forbidding the Wrong in Islamic government===
With a Qur'anic and narrative approach, [[Kazem Qazizadeh]] has described three areas for [[enjoining what is good and forbidding what is evil|enjoining the right and forbidding the wrong]]:
With a Qur'anic and narrative approach, Kazem Qazizadeh has described three areas for [[enjoining what is good and forbidding what is evil|enjoining the right and forbidding the wrong]]:
# Enjoining and forbidding the government to the people;  
# Enjoining and forbidding the government to the people;  
# Enjoining and forbidding the general public to each other; and
# Enjoining and forbidding the general public to each other; and
# Enjoining and forbidding the people to the rulers.
# Enjoining and forbidding the people to the rulers.
Among them, Qazizadeh is of the opinion that the third case, i.e. enjoining and forbidding the people to the rulers. It is not specified in the verses of the Qur'an although it can be deduced from many traditions (p. 240).
Among them, Qazizadeh is of the opinion that the third case, i.e. enjoining and forbidding the people to the rulers. It is not specified in the verses of the Qur'an although it can be deduced from many traditions (p. 240).
He further mentioned the cases of protest against the Prophet of Islam and [[Imam Ali (AS)|Imam Ali (PBUH)]] and in this regard, he stated the six rights of the people: 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 (p. 242).
He further mentioned the cases of protest against the Prophet of Islam and Imam Ali (PBUH) and in this regard, he stated the six rights of the people: 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 (p. 242).


===Reflection on the Legitimacy of enjoining the Right and Forbidding the Wrong===
===Reflection on the Legitimacy of enjoining the Right and Forbidding the Wrong===
With a jurisprudential view of [[enjoining what is good and forbidding what is evil|enjoining the right and forbidding the wrong]], [[Mohammad Soroush Mahallati]] has examined the rational and narrative reasons of the jurists to prove the practical command and prohibition. In this way, [[Shaykh Tusi|Sheikh Tousi]] in the book of Economics, [[Fakhr al-Muhaqiqin|Fakhr al-Mohaqqeqin]] in the book of Izah and [[Zayn al-Din al-Juba'i al'Amili|Shahid Sani]] in the book of Lomah have proved the necessity of enjoiningg and forbidding in a rational way and arising from the [[rule of kindness (lutf)|rule of kindness]] (p. 260). Soroush Mahallati believes that by [[enjoining what is good and forbidding what is evil|enjoining the right and forbidding the wrong]] the negation arising from the [[rule of kindness (lutf)|rule of kindness]] cannot be used to enjoin or forbid because the necessity of the [[rule of kindness (lutf)|rule of kindness]] is to avoid coercion and reluctance (p. 261).
With a jurisprudential view of [[enjoining what is good and forbidding what is evil|enjoining the right and forbidding the wrong]], Mohammad Soroush Mahallati has examined the rational and narrative reasons of the jurists to prove the practical command and prohibition. In this way, [[Shaykh Tusi|Sheikh Tousi]] in the book of Economics, [[Fakhr al-Muhaqiqin|Fakhr al-Mohaqqeqin]] in the book of Izah and [[Zayn al-Din al-Juba'i al'Amili|Shahid Sani]] in the book of Lomah have proved the necessity of enjoiningg and forbidding in a rational way and arising from the [[rule of kindness (lutf)|rule of kindness]] (p. 260). Soroush Mahallati believes that by [[enjoining what is good and forbidding what is evil|enjoining the right and forbidding the wrong]] the negation arising from the [[rule of kindness (lutf)|rule of kindness]] cannot be used to enjoin or forbid because the necessity of the [[rule of kindness (lutf)|rule of kindness]] is to avoid coercion and reluctance (p. 261).
In the following, he has examined some of the opinions of the jurists who disagree or agree with the practical command and prohibition by using the verses and traditions. Opponents including [[Muhammad Hasan al-Najafi|Sahib Jawahar]] and [[Mohammad Baqer Sabzevari|Mohaghegh Sabzevari]], and supporters including [[Seyed Musa Shubayri Zanjani|Seyyed Musa Shobeyri Zanjani]] and [[Mohammad Beheshti|Seyyed Mohammad Hosseini Beheshti]], who, by using methods such as the abolition of customary character and Tanqih Mana’at, extended the meaning of enjoining and forbidding in hadiths to its practical aspect as well (pp. 264-265).
In the following, he has examined some of the opinions of the jurists who disagree or agree with the practical command and prohibition by using the verses and traditions. Opponents including [[Mohammad Hassan Najafi]] and [[Mohammad Baqer Sabzevari|Mohaghegh Sabzevari]], and supporters including [[Seyed Musa Shubayri Zanjani|Seyyed Musa Shobeyri Zanjani]] and [[Mohammad Beheshti|Seyyed Mohammad Hosseini Beheshti]], who, by using methods such as the abolition of customary character and Tanqih Mana’at, extended the meaning of enjoining and forbidding in hadiths to its practical aspect as well (pp. 264-265).


===Examining the Scope of Privacy based on Political Jurisprudence===
===Examining the Scope of Privacy based on Political Jurisprudence===