State theories in Shiite jurisprudence (book): Difference between revisions
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Before dealing with the nine theories, the author has reviewed four articles as an introduction. In the first introduction, he has discussed the four stages of the development of Shiite political jurisprudence, that is to say, the flourishing era of [[private jurisprudence]], the era of monarchy and Guardianship (Wilayah), the era of constitutionalism and supervision, and the era of the Islamic Republic of Iran. The theory and purpose of writing the book has been justified (pp. 29-33). | Before dealing with the nine theories, the author has reviewed four articles as an introduction. In the first introduction, he has discussed the four stages of the development of Shiite political jurisprudence, that is to say, the flourishing era of [[private jurisprudence]], the era of monarchy and Guardianship (Wilayah), the era of constitutionalism and supervision, and the era of the Islamic Republic of Iran. The theory and purpose of writing the book has been justified (pp. 29-33). | ||
In the third introduction, the author points to two categories of negative and positive theories about the state during the time of occultation in Shiite jurisprudence. The first group of jurists who do not derive a specific form of governance from jurisprudential evidence considers the presence of jurists in public affairs to be limited to | In the third introduction, the author points to two categories of negative and positive theories about the state during the time of occultation in Shiite jurisprudence. The first group of jurists who do not derive a specific form of governance from jurisprudential evidence considers the presence of jurists in public affairs to be limited to non-litigious matters (al-omour al-hesbiah) (pp. 33-39) whereas, there are jurists who recommend the comprehensive plan for governing the society according to Sharia (pp.39-40). In the fourth introduction, he also deals with the classification of state theories based on the foundations of political legitimacy. In this introduction, by posing the question whether the consent of the Islamic Ummah is involved in the legitimacy of the state or not, two bases of direct divine legitimacy and divine-popular legitimacy have been given. According to him, based on direct divine legitimacy, four theories and based on divine-popular legitimacy, five theories have been presented about the state in Shiite jurisprudence, and the main questions and common principles of both theories have been extracted (pp. 41-56). | ||
After presenting the preliminary discussions, the author briefly introduces the principles of the nine state theories in Shiite jurisprudence. These theories include the legitimate monarchy, the public appointment of jurists, the public appointment of jurists, the absolute appointment of jurists, the constitutional state with the permission and supervision of jurists, the caliphate of the people with the supervision of the authority, the elective jurists, the Islamic elective state, and the representation of common personal owners. | After presenting the preliminary discussions, the author briefly introduces the principles of the nine state theories in Shiite jurisprudence. These theories include the legitimate monarchy, the public appointment of jurists, the public appointment of jurists, the absolute appointment of jurists, the constitutional state with the permission and supervision of jurists, the caliphate of the people with the supervision of the authority, the elective jurists, the Islamic elective state, and the representation of common personal owners. | ||
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== Formation of political theory in Shiite jurisprudence == | == Formation of political theory in Shiite jurisprudence == | ||
The author believes that from the 4th century to the 10th century, apart from brief references to state issues, no political theory was provided by Shiite jurists. The jurists in the Safavid and Qajar eras, with the works of jurists such as Mohaqeq Karaki and Mullah Ahmad Naraqi, the signs of the formation of political theories in Shiite jurisprudence were gradually revealed (pp. 14-18). According to him, in this period, we are witnessing the development of the appointment [[Theory of guardianship of the Islamic Jurist|theory of guardianship of the Islamic Jurist]] alongside the elective guardianship of the Islamic Jurist in | The author believes that from the 4th century to the 10th century, apart from brief references to state issues, no political theory was provided by Shiite jurists. The jurists in the Safavid and Qajar eras, with the works of jurists such as Mohaqeq Karaki and Mullah Ahmad Naraqi, the signs of the formation of political theories in Shiite jurisprudence were gradually revealed (pp. 14-18). According to him, in this period, we are witnessing the development of the appointment [[Theory of guardianship of the Islamic Jurist|theory of guardianship of the Islamic Jurist]] alongside the elective guardianship of the Islamic Jurist in non-litigious matters (al-omour al-hesbiah) and the authority of the Muslims of having splendor in conversion customs (19). | ||
The encounter of Shiite jurists with concepts_ such as [[People's rights|people's rights]], [[Freedom|freedom]], justice, separation of powers, [[Law|law]], [[Equality|equality]] and [[Tyranny|tyranny]] in the constitutional era, and from the author's point of view _made us aware of two different jurisprudential approaches. One approach emphasized on the previous course and the dual theory of the appointment of jurists and the authority of Muslims with the title of legitimate state, and on the other hand, the reformist approach presented the theory of the constitutional state, following the compatibility of the two categories of tradition and modernity (pp. 19-21). The code of Shiite political thought during the period of the Islamic Republic moved towards the formation of the state with the thoughts of [[Sayyid Ruhollah Musavi Khomeini|Imam Khomeini]] and the founders of the Islamic Republic. This course has been introduced by the author as the most fruitful stages of political jurisprudence in terms of theory and practice. (pp. 21-28) | The encounter of Shiite jurists with concepts_ such as [[People's rights|people's rights]], [[Freedom|freedom]], justice, separation of powers, [[Law|law]], [[Equality|equality]] and [[Tyranny|tyranny]] in the constitutional era, and from the author's point of view _made us aware of two different jurisprudential approaches. One approach emphasized on the previous course and the dual theory of the appointment of jurists and the authority of Muslims with the title of legitimate state, and on the other hand, the reformist approach presented the theory of the constitutional state, following the compatibility of the two categories of tradition and modernity (pp. 19-21). The code of Shiite political thought during the period of the Islamic Republic moved towards the formation of the state with the thoughts of [[Sayyid Ruhollah Musavi Khomeini|Imam Khomeini]] and the founders of the Islamic Republic. This course has been introduced by the author as the most fruitful stages of political jurisprudence in terms of theory and practice. (pp. 21-28) | ||
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The difference between the theory of public appointing authority of the Council of religious authority and the two theories of public appointing authority of the jurists and absolute authority 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 authority of the Council of religious authority and the two theories of public appointing authority of the jurists and absolute authority 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 | 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 decree and propagation of religious rules, enforcement of limits, 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 authority. Of course, according to him, this separation was due to the imposing the conditions of the time, and the jurists were forced to be satisfied with this amount of authority (pp. 59-60). Five interpretations of this theory are presented by Allameh Majlesi, Mirzaye Qomi, Seyyed Jafar Kashafi, Fazolollah Nouri, and Abd Al-Karim Haeri Yazdi and Mohammad Ali Araki (p. 61-79). | ||
== Selection theories == | == Selection theories == | ||
[[The constitutional-legitimate state]], [[The caliphate of the people under the supervision of the authority|the caliphate of the people under the supervision of the authority]], [[The elected governorship of the jurist|the elected Guardianship (Wilayah) of the jurist]], [[The Islamic elected state|the Islamic elected state]] and [[The representation of the common private owners|the representation of the common private owners]] are the five theories that Mohsen Kadivar examined under the tile of selection theories. According to him, the theories of choice have several common features, the most important of which is increasing the role of the people in the state and reducing the powers of the jurists. Of course, each of the five theories has a special feature that is referred to. | [[The constitutional-legitimate state]], [[The caliphate of the people under the supervision of the authority|the caliphate of the people under the supervision of the authority]], [[The elected governorship of the jurist|the elected Guardianship (Wilayah) of the jurist]], [[The Islamic elected state|the Islamic elected state]] and [[The representation of the common private owners|the representation of the common private owners]] are the five theories that Mohsen Kadivar examined under the tile of selection theories. According to him, the theories of choice have several common features, the most important of which is increasing the role of the people in the state and reducing the powers of the jurists. Of course, each of the five theories has a special feature that is referred to. | ||