Jurisprudence and Government (book)

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===Civil Obedience in Shia Jurisprudence===

~~[[Sayyid Javad Varai|~~Seyyed Javad Varaei]] first presented the definition of [[civil disobedience]] and its difference with civil resistance, which disobedience has a positive aspect and resistance has a negative aspect; Thus, [[civil disobedience]] has three conditions:

Seyyed Javad Varaei first presented the definition of [[civil disobedience]] and its difference with civil resistance, which disobedience has a positive aspect and resistance has a negative aspect; Thus, civil disobedience has three conditions:

# Objection and defiance should be obvious;

# Before the obvious opposition, it has been pursued through legal means and no result has been achieved; and

# Maintaining social order (pp. 171-172).

After that, the difference between [[civil disobedience]] and subversion or insurrection is stated, based on which, the goal in subversion or insurrection is to overthrow the political system. While in [[civil disobedience]], social order is maintained and disobedience must be accompanied by the acceptance of the political system. Therefore, disobedience is different from war because in [[Moharebeh]], social security is threatened in armed form. (pp. 172-173)

After that, the difference between civil disobedience and subversion or insurrection is stated, based on which, the goal in subversion or insurrection is to overthrow the political system. While in civil disobedience, social order is maintained and disobedience must be accompanied by the acceptance of the political system. Therefore, disobedience is different from war because in [[Moharebeh]], social security is threatened in armed form. (pp. 172-173)

Varaei has clarified that disobedience, protest, resistance and [[civil disobedience]] against the law, decision and policy adopted and implemented by the Prophet or the [[the Fourteen Infallibles|infallible Imam]] is illegitimate and prohibited (p. 174). Relying on the verses of the Qur'an and the hadiths of the ~~[[the Fourteen Infallibles|~~infallible Imams]] it can be said that during the time of [[The Occultation|occultation]], people have the right to disobey in three cases:

Varaei has clarified that disobedience, protest, resistance and civil disobedience against the law, decision and policy adopted and implemented by the Prophet or the [[the Fourteen Infallibles|infallible Imam]] is illegitimate and prohibited (p. 174). Relying on the verses of the Qur'an and the hadiths of the infallible Imams it can be said that during the time of [[The Occultation|occultation]], people have the right to disobey in three cases:

# Laws and decisions of the government that are against [[Sharia]];

# Laws and decisions of the government that are against Sharia;

# The rulings and regulations and decisions are wrong and incorrect; and

# The government does not fulfil its duties towards the people (pp. 182-177).

@@ Line 99: / Line 99: @@
 ===Civil Obedience in Shia Jurisprudence===
-[[Sayyid Javad Varai|Seyyed Javad Varaei]] first presented the definition of [[civil disobedience]] and its difference with civil resistance, which disobedience has a positive aspect and resistance has a negative aspect; Thus, [[civil disobedience]] has three conditions:
+Seyyed Javad Varaei first presented the definition of [[civil disobedience]] and its difference with civil resistance, which disobedience has a positive aspect and resistance has a negative aspect; Thus, civil disobedience has three conditions:
 # Objection and defiance should be obvious;
 # Before the obvious opposition, it has been pursued through legal means and no result has been achieved; and
 # Maintaining social order (pp. 171-172).
-After that, the difference between [[civil disobedience]] and subversion or insurrection is stated, based on which, the goal in subversion or insurrection is to overthrow the political system. While in [[civil disobedience]], social order is maintained and disobedience must be accompanied by the acceptance of the political system. Therefore, disobedience is different from war because in [[Moharebeh]], social security is threatened in armed form. (pp. 172-173)
+After that, the difference between civil disobedience and subversion or insurrection is stated, based on which, the goal in subversion or insurrection is to overthrow the political system. While in civil disobedience, social order is maintained and disobedience must be accompanied by the acceptance of the political system. Therefore, disobedience is different from war because in [[Moharebeh]], social security is threatened in armed form. (pp. 172-173)
-Varaei has clarified that disobedience, protest, resistance and [[civil disobedience]] against the law, decision and policy adopted and implemented by the Prophet or the [[the Fourteen Infallibles|infallible Imam]] is illegitimate and prohibited (p. 174). Relying on the verses of the Qur'an and the hadiths of the [[the Fourteen Infallibles|infallible Imams]] it can be said that during the time of [[The Occultation|occultation]], people have the right to disobey in three cases:
+Varaei has clarified that disobedience, protest, resistance and civil disobedience against the law, decision and policy adopted and implemented by the Prophet or the [[the Fourteen Infallibles|infallible Imam]] is illegitimate and prohibited (p. 174). Relying on the verses of the Qur'an and the hadiths of the infallible Imams it can be said that during the time of [[The Occultation|occultation]], people have the right to disobey in three cases:
-# Laws and decisions of the government that are against [[Sharia]];
+# Laws and decisions of the government that are against Sharia;
 # The rulings and regulations and decisions are wrong and incorrect; and
 # The government does not fulfil its duties towards the people (pp. 182-177).

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