Essentials of Political Jurisprudence (Book)

Author: Mahdi Khosravi Sereshki

• abstract

Essentials of Political Jurisprudence(in persian: بایسته‌های فقه سیاسی) presents a concise and revised edition of the ten-volume work "Political Jurisprudence" by Abbas Ali Amid Zanjani. Compiled by Amid Zanjani and Ebrahim Musizadeh, this book explores the thousand-year history of the theory of Velayat-e Faqih, tracing its development from Sheikh Saduq to Imam Khomeini, and addresses various issues of political jurisprudence, including the necessity of establishing a government and the rights of the people.

The authors of the book categorize the historical developments of political jurisprudence into four distinct periods: "Ancient Times," "The Structuring of Political Jurisprudence within the Framework of Ijtihad," "Independent Transformations in Political Jurisprudence," and "Major Explanations in Political Jurisprudence." They illustrate the prominent ideas from each period. According to them, topics such as justice, enjoining good and forbidding wrong, public interest, council, allegiance, representation of the people, and the limited authority of Islamic jurists or democratic governance are issues in political jurisprudence that have been examined by scholars throughout this extensive period.

According to the authors of the book, the Quran outlines noble objectives for humanity that cannot be achieved without the establishment of a government and the formulation of laws. These objectives include the promotion of justice and equity, the removal of shackles (liberation from oppression), empowering the oppressed, and the implementation of divine commands and regulations.

The legitimization of the Velayat-e Faqih based on governmental decrees aligned with the interests of the Islamic system is another claim addressed in this book. The authors also assert in another section that the call to jihad for the invitation to Islam is a privilege exclusive to the Prophet (PBUH) and the infallible Imams (AS), and that this authority has not been granted to the Islamic jurists.

According to the authors of the book, the Islamic economic system, along with other systems such as social, cultural, and military-security frameworks, falls under the category of the political system. They do not categorize Islamic economics as either a free market or a socialist economy; instead, they view it as an independent system. In their perspective, the economic framework of the Islamic Republic of Iran represents a moderate theory that emerges from the intersection of the theories of Islamic free market economy and Islamic socialist economy.

Book structure

"The essentials of political jurisprudence" is authored by Abbas Ali Amid Zanjani (1937, Zanjan – 2011, Tehran) in collaboration with Ebrahim Musazadeh. This work was produced following a ten-volume series on "Political Jurisprudence" and "An Introduction to Political Jurisprudence," three decades after the establishment of the Islamic Republic of Iran. The discussions within the book are organized into six chapters, following an introduction by the co-author that defines and contextualizes political jurisprudence.

The first chapter of the book discusses the evolution of political jurisprudence across four distinct periods, from Sheikh Saduq to Imam Khomeini. The second chapter addresses issues related to political jurisprudence, including administrative and financial systems, as well as the rights of the people within an Islamic government. The third chapter presents the theoretical foundations and the necessity of establishing an Islamic government, along with its leadership structure and the theory of Velayat-e Faqih, particularly in the political thought of Imam Khomeini. The fourth chapter focuses on the role of expediency in Shia jurisprudence and governance, while the fifth chapter examines Islamic international law, with a particular emphasis on jihad. The final chapter explores the political economy of Islam through six sections.

A thousand-year history of the theory of Velayat-e Faqih, from Sheikh Saduq to Imam Khomeini

In the eighth volume of the ten-volume series "Political Jurisprudence," titled "Jurisprudence and Politics," Amid Zanjani explores Islamic political thought, the theory of the Velayat-e Faqih (Guardianship of the Jurist), and its scope of authority through the perspectives of approximately thirty prominent Shia jurists. This analysis is organized into three historical categories, spanning from Sheikh Saduq to Imam Khomeini. The first chapter of this book (Essentials of Political Jurisprudence) serves as a summary of the eighth volume and examines the developments in political jurisprudence over the past thousand years, divided into four periods and viewed through the perspectives of ten distinguished jurists.

The book examines the first period, referred to as the "Era of the Ancients" (approximately 250 years), through the perspectives of prominent scholars such as Sheikh Saduq, Sheikh Mufid, Sheikh Tusi, and Ibn Idris, as reflected in their works. The second period, titled "The Systematization of Political Jurisprudence within the Framework of Ijtihad," focuses on the contributions of Mohaghegh Helli and Mohaghegh Karaki. The authors introduce the third period, named "Independent Transformation in Political Jurisprudence," which follows the revival of ijtihad by Vahid Behbahani (d. 1208 AH); however, they limit their analysis of political jurisprudence to the works of Mohammad Mahdi Naraqi (Awā'id al-Ayyām) and Mohammad Hasan Najafi (Jawāhir al-Kalām). In the fourth period, titled "Major Justifications in the Explanation of Political Jurisprudence," the political thoughts of two contemporary jurists are discussed in relation to two significant historical phases in Iran: the views of Mirza Naeini during the Constitutional Revolution and the ideas of Imam Khomeini regarding the monarchical and Islamic Republic systems (pp. 13-48).

The necessity of establishing a government and protecting the rights of the people

According to the author, the historical context of political jurisprudence can be traced through the categorization of jurisprudential discussions and the arrangement of jurisprudential literature among Shia and Sunni scholars.

This classification begins with the topics of worship and transactions, subsequently incorporating political jurisprudence under various titles within jurisprudential issues, ultimately leading to the contemporary recognition of political jurisprudence as a distinct category within jurisprudential discussions.

The second chapter of the book examines political jurisprudence through a series of legal issues, divided into six sections. The first section addresses the concepts of governance and state, focusing on the issues of caliphate (in Sunni jurisprudence) and imamate (in Shia jurisprudence), followed by an exploration of the Islamic state after the era of prophecy and imamate (which includes discussions on justice, the promotion of good and prevention of evil, public interest, council, allegiance, representation of the people, and the limited authority of jurists or non-juristic governance. The subsequent sections cover the fundamental rights of individuals in Islam (the rights of the nation), the concept of hisbah and related matters, the administrative system and Islamic management, the financial system of the Islamic state, and foreign policy (pp. 49 to 109).

This book has been compiled three decades after the Islamic Revolution and two decades following the passing of Imam Khomeini, reflecting a long experience of the Islamic Republic. However, certain contemporary and significant issues in political jurisprudence have not been thoroughly addressed; they are only occasionally mentioned in relation to other topics. These issues include: jurisprudence and elections, media and press, and environmental concerns.

Establishing a government to achieve the objectives outlined in the Quran and Islamic laws

The authors of the book address the topic of "Theoretical Foundations of Government and State" (chapter 3), beginning with five discussions rooted in the Quran and Sunnah. They progress to the theory of the Velayat-e Faqih (representative leadership) and the Islamic Revolution theory of Imam Khomeini (the appointment of the vali-ye faqih). They argue that the Quran explicitly outlines high objectives that must be realized within human society, which serves as a compelling justification for the establishment of government. These objectives include the establishment of justice and equity, the removal of constraints (liberation from oppression), the emancipation of people from tyranny and oppression, empowering the oppressed to attain governance and inherit the earth, guiding humanity towards God, and implementing divine commands and laws. Furthermore, the nature of Islamic laws necessitates the formation of a government, as the purpose of these laws is to create a comprehensive social, political, and legal system that humanity requires. Additional reasons for the necessity of an Islamic government include human nature, Islamic unity, the need for order within the Islamic community, the supremacy of Islam, and the elevation of the truth. Narratives have also highlighted the significance of both original and representative leadership. The second discussion in Chapter Three presents these arguments, while the first discussion focuses on the foundations of government from the perspective of the Quran.

Other significant discussions in this chapter include leadership within the framework of the Imamate (Section 3), the concept of representative Imamate and vilayet-e faqih (Section 4), and the theory of government in the political thought of Imam Khomeini (Section 5). The authors identify eight areas of authority for vali-ye faqih, which encompass the enforcement of legal penalties, public obedience, control over individuals' lives and properties, and political leadership. Furthermore, they assert that Imam Khomeini's jurisprudential interpretation of the authority of jurists is based on the theory of appointment, supported by six primary narratives, several hadiths, and logical reasoning. In this perspective, the implementation of the constitution is justified by public interest, achieved through councils and the consideration of the public interests of Islam and Muslims (pp. 110-150).

It is noteworthy that this section of the book provides a summary of the political thoughts of Imam Khomeini, which can be found in volume eight of the ten-volume series "Political Jurisprudence" by Amid Zanjani (pp. 335 to 381).

The legitimization of the rules on public interest through Velayat-e Faqih

The fourth chapter of this book summarizes the ninth volume of the "Political Jurisprudence" series authored by Amid Zanjani, which addresses topics related to the concept of public interest, a key tenet of Islamic political jurisprudence. This chapter consists of eleven sections, which include: the definition of public interest, its classifications (individual, group, and general), the role and application of public interest in executive and political matters, perspectives on public interest from the Quran and Shia jurisprudence, public interest and the common good, the identification of public interest, its relevance in secondary and prohibitive rulings, and its significance in two governmental philosophies. The final section examines the concept of public interest in the political thoughts of Mirza Naeini (an Islamic jurist from the Constitutional era) and Imam Khomeini (an Islamic jurist of the Islamic Revolution).

According to the authors, the core disagreement between Mirza Naeini and Sheikh Fazlollah Nuri persists in the current context of the Islamic Republic of Iran, which is founded on the doctrine of Velayat-e Faqih. This disagreement revolves around whether it is possible to establish a legitimate Islamic government in accordance with primary laws and religious texts, without prioritizing the public interest (as per Sheikh Fazlollah Nuri's view), or whether one should navigate through the challenges and dilemmas of the system by considering public interest and rational principles (as advocated by Mirza Naeini and Imam Khomeini). However, Imam Khomeini perceives that governmental rulings and rules on public interest are not equivalent to primary (evidential and textual) or secondary (general principles derived from texts) laws; rather, their legitimacy is derived from the principle of Velayat-e Faqih, which is considered among the primary laws of Islam (pp. 151-202).

The authority to call for jihad as a means of inviting people to Islam is reserved solely for the Prophet and the infallible Imams

Amid Zanjani discusses international law in Islam in the third volume of the series "Political Jurisprudence," while the topic of jihad is addressed in the fifth and sixth volumes. In the fifth chapter of the "Essentials of Political Jurisprudence," three subjects are summarized under three sections: Islamic international law, jurisprudential opinions regarding jihad, and the rulings on jihad. The first section outlines the development and codification of international law in Islam, the universal ideals of Islam, and the principles and rules of Islamic international law across five key areas. The second section elaborates on jihad within the jurisprudence of both Shia and Sunni scholars. Sunni jurists regard jihad as one of the significant acts of worship and obligations, without distinguishing between offensive and defensive jihad. They identify three specific circumstances under which jihad is required:

1. The meeting of two battle lines leading to the outbreak of war,
2. The occupation of Islamic territory by the enemy,
3. The declaration of jihad by the Imam.

On the other hand, Shia jurisprudence presents various classifications of jihad. For instance, Kashif al-Ghita categorizes it into five types:

1. Safeguarding the existence of Islam from attacks,
2. Protecting the lives, property, and honor of Muslims,
3. Assisting fellow Muslims,
4. Restoring Islamic governance in situations of non-Muslim dominance,
5. Inviting others to Islam.

This Islamic jurist considers jihad for the invitation to Islam as a distinctive feature of the positions of prophethood and Imamate, which is not accessible to jurists. The regulations regarding jihad are discussed in the third and final section of this chapter, encompassing general rulings, responsibilities, prohibitions, and war crimes from a legal and jurisprudential perspective (pages 203 to 260).

The Islamic economic system as a subdivision of the political system

The Political Economy of Islam is the title of the fourth volume in the "Political Jurisprudence" series by Amid Zanjani. A summary of this volume is included in the sixth and final chapter of the "Essentials of Political Jurisprudence," titled "Economic Objectives in Political Jurisprudence." This chapter consists of six sections, beginning with economic issues in political jurisprudence and concluding with the role of justice in Islamic economics. The intermediate sections address wealth distribution, the financial resources of the Islamic state, and the concepts of both free and state-controlled economies, followed by a discussion on the methodology of political economy. At the outset, it is clarified that the term "Political Economy of Islam" refers to economic issues that fall within the political domain and the authority of the Islamic state. It is also noted that the Islamic economic system operates alongside other social, cultural, and military systems within Islam, all under the umbrella of the political system of Islam (Imamate and Wilayah). Consequently, one of the general policies of Islam regarding wealth distribution is poverty alleviation and ensuring the participation of the poor in the wealth of the affluent. Additionally, in terms of the financial resources of the Islamic state, besides Khums, Zakat, Anfal, and Kharaj, non-fixed taxes are also deemed permissible. Three jurisprudential methods are mentioned to legitimize taxation.

1. Historical context in Islam and the era of the Imams for addressing economic issues,
2. Secondary ruling,
3. Governmental and authoritative decrees.

Economic system should be neither free nor socialist

In the fourth section, the authors present and critique two theories: "Islamic Free Economy" and "Islamic Socialist Economy." They characterize the economic framework outlined in the Constitution of the Islamic Republic of Iran as a balanced and moderated theory that integrates elements from both Islamic Free Economy and Islamic Socialism. They also acknowledge the significant role of Martyr Beheshti in formulating and institutionalizing these concepts within the 1979 Constitution. Furthermore, in the fifth section, they identify the methodology of Islamic political economy and its major challenge, which is the divergence of jurisprudential opinions. In the sixth section, they explore the concept of justice within Islamic political economy by examining Imam Khomeini's perspective, emphasizing the security of the oppressed and the preservation of Islamic values and symbols as fundamental components of his ideology (pp. 261-311).