Foundations of Constitutional Law (Book)
Foundations of Constitutional Law, written by Abbasali Amid Zanjani, is a book in the field of political fiqh. The author examines the theoretical, philosophical, and historical foundations of constitutional law and, in the final part of the book, undertakes a comparative study of human rights issues. In the human rights discussions, the author considers human dignity to be inherent, deems individual independence in society essential, and presents the link between individual and social values as a factor for human perfection.
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| Book Information | |
|---|---|
| Author | Abbasali Amid Zanjani |
| Style | Analytical |
| Language | Persian |
| Volumes | 1 |
| Pages | 440 |
| Publication Information | |
| Publisher | Majd |
- Abstract
Referring to the shared creation of humans, the author emphasizes social solidarity and common responsibilities. He considers the difference between men and women an inevitable reality and believes that the specific characteristics of each gender entail special responsibilities. He defines security as immunity from aggression and threat and identifies the necessary factors for achieving security as the implementation of justice, combating aggressors, public awareness, and legal and ethical enforcement guarantees.
The author discusses fundamental freedoms in Islam with an emphasis on the link between freedom and monotheism, considering humans free from servitude to anyone other than God. He defines public rights to include the right to seek justice, education, and social security, and specifies the role of the Islamic state in guaranteeing these rights.
Structure of the Book
- Foundations of Constitutional Law* is a book by Abbasali Amid Zanjani that examines the theoretical, philosophical, and historical foundations of constitutional law. The author explains the basic concepts of constitutional law with a comprehensive and scholarly approach. The book was published by Majd Publications in 1387 SH in 440 pages.
The work begins with an introduction by the author and a table of contents, and its main discussions are organized into ten chapters. The titles of the chapters are, respectively: 1. General Principles, 2. General Foundations of Constitutional Law, 3. History of the Developments of Constitutional Law, 4. The State and Its Elements, 5. The State and Government, 6. Types of States and Their Evolution, 7. Political Models and Regimes, 8. Political Systems, 9. Foundations of Constitutional Law, and 10. Rights of the Nation. In the tenth chapter, Amid Zanjani examines human rights documents, and in the final section of this chapter, he explains comparative human rights issues (human dignity, equality of humans, public security, fundamental freedoms, and public rights).
In this article, only the comparative human rights discussions, which have a more jurisprudential aspect, are reported.
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. Most of his scholarly works are in the field of Political Fiqh, with his most famous work being the ten-volume series *Political Fiqh*, 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. His other books in the field of political fiqh include "*Essentials of Political Fiqh*" and "*An Introduction to Political Fiqh*".
Human Dignity: Interaction of the Individual and Society
Amid Zanjani considers human dignity a gift from the Creator, which plays an important role in both social and individual life (p. 413). He sees every human being as having an independent personality, will, and freedom, and believes that individuals in human society should not be regarded merely as tools for the government or the community (p. 414). Indeed, the Quran, in addition to emphasizing social solidarity, also pays attention to individual choice and freedom (p. 414). The educational system of Islam, relying on moral values and piety, not only strengthens an individual's personal growth but also prepares them to play an effective role in society. Therefore, the author considers the synergy between individual growth and social growth to be essential (p. 415).
Precisely regulating the relationship between the individual and society has always presented challenges. To secure individual and social rights, laws must be formulated with justice, preserve individual freedoms, and prevent abuses. In the author's opinion, creating this balance requires the conscious participation of the people, because he believes that without their cooperation, human laws face serious problems when dealing with the complexities of social relations (p. 416).
Equality of Humans in the Islamic Social System
Amid Zanjani calls the equality of humans one of the fundamental pillars of the Islamic social system and, citing verses and narrations, states twelve key points about human dignity. Some of these points are:
- Shared creation (Quran 4:1);
- Human unity despite social differences (Quran 10:19);
- The unity of humanity and social solidarity (Letter 3 of Nahj al-Balagha);
- Human dignity and social responsibility (Quran 17:70);
- The shared responsibility of humans before God and society (*Majmu'at Warram*, p. 60);
- Justice in the legal differences between men and women; Islam considers the difference between men and women to be an inevitable and wise reality. Although fundamental human rights are shared between them, the specific characteristics of each gender are a matter arising from divine wisdom and are related to justice, which entails special rights and responsibilities. Amid Zanjani obliges the Islamic state to provide the grounds for the development of women's personality and the revival of their material and spiritual rights (pp. 417-420).
Public Security in the Islamic Perspective
In his third comparative discussion, the author examines the concept of public security and the Islamic view on it. He defines security as immunity from aggression and non-consensual forced interference, and the security of individuals as the absence of fear and threat regarding the legitimate rights and freedoms of humans. In his belief, the realization of security requires five factors: 1. The implementation of justice and law without discrimination, 2. Combating aggressors and preventing potential intrusions, 3. Increasing public awareness regarding the rights of individuals and the necessity of respecting them, 4. Moral enforcement guarantee through faith and ethics, 5. Legal enforcement guarantee to deal with transgressors. The author then cites verses and narrations related to the public and private security of individuals (pp. 421-424).
Fundamental Freedoms in Islam
The fourth comparative discussion is dedicated to explaining fundamental freedoms from an Islamic perspective. The author defines freedom from an Islamic viewpoint within the framework of obedience to God and identifies two real obstacles to freedom: 1. Internal captivities, such as ignorance, servility, greed, and lust; 2. The oppression of tyrants. According to the author, freedom in Islam is accompanied by commitment to God and rationality, and thinking that results from blind imitation is not approved by Islam. Indeed, the verses of the Quran invite to reflection, reasoning, and contemplation, and the unscientific and coercive imposition of beliefs is rejected.
Amid Zanjani considers development and justice to be dependent on guaranteeing the fundamental rights of individuals in society and deems the investigation of beliefs to be forbidden. He considers the activities of media and parties to be free, provided that they do not harm national unity, the independence of society, the foundations of Islam, and public rights. He also considers individuals free in choosing their occupations and places of residence (except in exceptional legal circumstances) and forbids encroachment on the life, property, honor, and rights of individuals (pp. 424-428).
Public Rights in Islam
According to the author, Islam emphasizes justice and the vindication of rights. It not only respects the right to seek justice but also makes it obligatory (Quran 2:279). The establishment of competent courts, ensuring everyone's access to a just judicial system, and the right to have a lawyer are fundamental principles for preserving this right. The presumption of innocence and the prohibition of coercion in testimony, confession, and oath are other Islamic principles. In the view of the Quran and Islam, education and upbringing are among the lofty goals of the prophets and an indispensable necessity for human growth. Therefore, the state is obliged to provide free education and to expand opportunities for higher education to the point of national self-sufficiency. Amid Zanjani believes that in cases where a person loses the ability to work (such as disability, illness, and major accidents), the Islamic state is obligated to support them from public revenues and revenues derived from people's participation (pp. 428-431).