Political Fiqh: The Rules of Political Fiqh (Expediency) (book)
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| Book Information | |
|---|---|
| Author | Abbasali Amid Zanjani |
| Style | Analytical |
| Language | Persian |
| Volumes | 1 |
| Pages | 416 |
| Publication Information | |
| Publisher | Amirkabir |
- Abstract
The Rules of Political Fiqh (Expediency) is the title of the ninth volume of the ten-volume series "Political Fiqh" by Abbasali Amid Zanjani. In this volume, the author, across three sections and eight chapters, defines the rules of political fiqh and their relationship with public interests, the nature of expediency (*maslahah*), and its sources and institutions in Islamic political thought.
In this book, jurisprudential rules, including the rules of political fiqh, are considered general rulings that are applicable to more than one chapter of fiqh but are more specific than the topics of *usul al-fiqh* (principles of jurisprudence). According to the author, the rule of expediency, which is an example of the rules of political fiqh, can only generate a ruling when it is accompanied by a religious ruling (*hukm shar'i*). Furthermore, the issuance of a governmental ruling (*hukm hukumati*) based on expediency is deemed permissible only when the expediency reaches the level of necessity.
Public interests—such as public offices, public activities in various fields like development and social affairs (*umur al-hisbah*), and the expropriation of private property and monopolies over public assets—are considered clear instances of expediency in Islam. The author, tracing expediency through Islamic history, identifies events such as the Prophet's migration (*hijra*), Imam Ali's (a) silence, Imam Hasan's (a) peace treaty, the uprising of Ashura, Imam Rida's (a) acceptance of the heir apparency, and the occultation of the Imam of the Age (aj) as significant examples of observing expediency in the conduct of the Ahl al-Bayt (a).
In Amid Zanjani's view, the Shari'a, reason, knowledge, experience, and custom are the main sources for identifying expediency, and he argues that expediency is a rule that can only be implemented in a system based on the Guardianship of the Jurist (*Wilayat al-Faqih*).
Structure of the Book
- The Rules of Political Fiqh*, with the subtitle "Expediency," is the ninth volume of the ten-volume series "Political Fiqh" by Abbasali Amid Zanjani, first published in 1384 SH in 416 pages. The book, without a preface from the author, is organized into three sections and a total of eight chapters:
- Generalities: The definition of the rules of political fiqh and the rule of expediency and its relationship with public interests (Chapters 1-3).
- The nature of expediency and its historical background in political philosophy and political fiqh (Chapters 4-5).
- The foundations, sources, and institutions of expediency in the fiqh and governmental thought of Islam (Chapters 6-8).
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.
Jurisprudential Rules: A Limbo between Usul al-Fiqh and Fiqhi Issues
In the general and introductory discussions of the book, Amid Zanjani first defines jurisprudential rules in general and the rules of political fiqh in particular. The author believes that there are two problems in discussions related to jurisprudential rules: disagreement on the definition of jurisprudential rules and their instances, and the application of these rules to political fiqh. According to him, applying the term "rule" to some of the rules mentioned in fiqh books requires a degree of latitude. He also believes that some jurists have engaged in rule-making, some of which have taken root within the technical concept of a jurisprudential rule, while others are still halfway there.
In defining a jurisprudential rule, the author considers it a general ruling that is applicable in more than one chapter of fiqh. According to him, the subject of a jurisprudential rule is more specific than the subjects of *usul al-fiqh* but more general than fiqhi issues, placing it in a limbo between *usul al-fiqh* and fiqhi issues. The author defines a rule of political fiqh as a general ruling that can be used in various political issues and topics, from which the Shari'a's viewpoint on similar and related issues can be derived. One of these rules is the maxim of expediency (pp. 13-31).
Expediency Devoid of a Religious Ruling Does Not Create a Ruling
According to the author, in Shia fiqh, based on rational and theological principles, there is a correlation between rulings and real benefits and harms, and expediency devoid of a religious ruling does not create a ruling. Noting this point, Amid Zanjani divides and examines the meaning of expediency in Shia fiqh into four categories: 1. The necessity of preserving the Islamic system, 2. Observing the public interest over individual and group interests, 3. Public interests within general rulings (such as protecting life and property), 4. Public order and preventing the disruption of the system.
The author lists the topics related to expediency as follows: the opinions of Shia jurists on the expediency of preserving the system of religion, safeguarding religion under an unjust government, expediency and the goal of human life, expediency from the perspective of the Quran and Shia fiqh, the restriction of expediency to the political and governmental sphere, expediency in the form of dissimulation (*taqiyyah*), partial legislation in the domain of Imamate, limited legislation based on expediency, and the correlation between personal and public expediency (pp. 33-81).
Public Interests as Clear Instances of Expediency in Islam
The author identifies public interests as clear instances of expediency in Islam and mentions some of their important examples, such as: public offices, public activities in the fields of development, agriculture, industry, culture, and social affairs (*umur al-hisbah*), and the expropriation of private property and monopolies over public assets. He then discusses the "politico-social institutions of expediency," noting that in traditional fiqh, expediency was discussed under general headings. However, new developments and temporal conditions led to expediency being presented in the form of political and social institutions. He then examines twenty instances of the application of expediency in political and social institutions, such as: expediency and the institutions of the state, law, justice, order, security, property, family, charity, cooperation, defense, judiciary, the consultation (*shura*), enjoining good and forbidding evil, parties, and the press (pp. 83-90).
Issuance of Governmental Rulings Based on Necessary Expediency
Amid Zanjani considers the correlation between rational and religious expediency to be one-sided among Shia jurists, explaining that every religious expediency necessarily has a rational expediency as well. The important point, from the author's perspective, is that in Shia fiqh, expediency cannot become the basis for a governmental ruling unless it reaches the level of necessity. After discussing the nature of expediency, he extracts various types of expediency from jurisprudential and usuli discussions, such as: personal, facilitative, criterion-based, compensatory, missed, stronger, fulfilled, timely, real, incidental, command-based, and legislative expediency. He then discusses topics related to expediency, such as: individual, group, and public expediency, and the application of expediency in discretionary punishments (*ta'zirat*), matters of *hisbah*, conquered lands (*aradi maftuhat al-'unwa*), and international treaties. In the discussion on the application of expediency in discretionary punishments, the author believes that in Shia fiqh, a significant role is considered for expediency in the judicial system, such as cases where the judge can issue a verdict based on expediency (pp. 93-150).
History of Expediency in Islam
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 "*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
In discussing the foundations for identifying expediency, Amid Zanjani first speaks about the factors that create expediency, enumerating five items: 1. Rational good and evil (*husn wa qubh 'aqli*), 2. Knowledge, 3. Practical wisdom, 4. Custom (*'urf*), and 5. Political and religious ceremonies. He then examines expediency in three special cases: 1. Expediency in the permissibility of *khums* (such as not making wrongful use of it in illegitimate governments), 2. Expediency in secondary rulings (such as the rules of no-harm and no-hardship), and 3. Expediency in rulings of grace (*ahkam imtinani*) (such as lifting responsibility for error and forgetfulness).
"Ways of discovering real expediency through reason" is the next topic, in which independent and non-independent rational perceptions and the correlation between the judgment of reason and the Shari'a are examined. On the rule of correlation between rational and religious rulings ("Whatever reason rules, the Shari'a also rules"), Amid Zanjani refers to the theory of Ibn Idris and the jurists' adherence to it until the last two centuries, that reason, in the absence of access to the Book, the Sunnah, and consensus, is a discoverer of the religious ruling and stands alongside the three primary sources as a proof of the religious ruling.
He then discusses the theory of Shaykh al-Ansari, who, unlike his predecessors, does not consider reason to be a discoverer of the religious ruling, but merely determines the duty of the legally responsible person (*mukallaf*) in a state of doubt and uncertainty (lack of knowledge) when a religious ruling is inaccessible. With this view and based on rational classification, Shaykh al-Ansari proposed the four practical principles (*usul al-'amaliyyah*): exoneration, presumption of continuity, precaution, and choice (pp. 187-211). It is worth noting that the author discusses the position of reason in the Shari'a and the correlation between the two in detail in topics eleven to sixteen of the sixth chapter of the book (pp. 231-268).
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 (*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 the philosophy of fiqh (jurisprudential epistemology) 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).
Sources for Identifying Expediency
From Amid Zanjani's perspective, the Shari'a, reason, knowledge, experience, and custom are the main sources for identifying expediency, and he examines them from a jurisprudential viewpoint. In the first discussion, he calls revelation and the Shari'a—i.e., the Book and the Sunnah—the window that reveals the reality of expediency. He proposes examining expediency from the perspective of the Quran and Sunnah by explaining the rulings (the effects) and the expediencies of the rulings (the causes), and he provides examples from the Quran (32 instances) and the Sunnah, such as: cleanliness and purity, awareness in prayer, the evil of wine and gambling, the textually stated expediencies of prayer, the general expediencies in establishing Friday prayer, the harm of usury, expansion and contraction in wealth, the requital of actions, dress and modesty, and retribution (*qisas*). He then moves on to examine "the view of reason in discovering expediencies" and, while discussing the fixed and variable rulings of Islam, also brings the views of thinkers like Fayd Kashani, Allama Tabataba'i, and Shahid Murtada Mutahhari. For instance, according to Allama Tabataba'i, in variable rulings, it is reason that is the criterion for identifying expediency, right, and justice.
The hermeneutic perspective on religious texts and expediency, the standardization of expediency (examining 14 topics such as justice, rationality, and devotionalism), the rules governing discretionary interests (*masalih mursalah*), the usuli debates surrounding the rule of expediency between Shia and Sunnis, and the scope of expediency in the Shari'a (the goals of religion and the objectives of the Shari'a) are the subsequent topics of the chapter on the jurisprudential sources of expediency (pp. 275-339).
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 Mirza Na'ini and the Constitutional Revolution," "expediency in the political thought of Imam 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.
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). categoty:book review