Supplement to Political Fiqh (book)
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| Book Information | |
|---|---|
| Author | Abbasali Amid Zanjani |
| Language | Persian |
| Volumes | 1 |
| Pages | 207 |
| اطلاعات نشر | |
| Publisher | Khorsandi |
- Abstract
Supplement to Political Fiqh is a book written by Abbasali Amid Zanjani as a supplement to the "Political Fiqh" collection, and it addresses the topic of enjoining good and forbidding evil in four chapters. In this book, the position of this obligation in the Quran and Hadith is examined, and the rational perspective on it is also evaluated. The author does not see this obligation as a restriction on human freedom; rather, he considers it a factor for establishing other divine obligations and reviving human rights and freedoms. Good (*ma'ruf*) and evil (*munkar*) are divided into two types, religious and rational, and in the author's view, they are variable matters in many cases. Furthermore, in implementing enjoining good and forbidding evil, it is necessary to observe human dignity, justice, and the preservation of privacy. The implementation of this obligation, in addition to conditions such as knowledge of good and evil, the probability of its effectiveness, and the absence of corruption, has stages and levels and should not necessarily begin with practical actions. The author suggests that a suitable organization be established for these two obligations. He clarifies that enjoining good and forbidding evil has a governmental dimension in addition to its individual dimension, and during the formation of an Islamic government, the maximum realization of religious rulings should be achieved through the cooperation of the government and the nation.
Structure of the Book
The book "Supplement to Political Fiqh" by Abbasali Amid Zanjani, written to complete his works on political fiqh, addresses the topic of enjoining good and forbidding evil. This book has four chapters and covers the legal and jurisprudential discussions of enjoining good and forbidding evil with a logical structure. The first chapter examines *ma'ruf* and *munkar*, the concept of command and prohibition in this obligation, the position of these two in the Quran, Hadith, and reason, the objectives and conditions for implementation, and prohibited cases. Then, in the second chapter, the executive methods for performing enjoining good and forbidding evil are explained, and the author presents his proposed plan for the organizational structure, identification and operational units, and the manner of public cooperation with the governmental organization for enjoining good and forbidding evil, broken down by these three topics. The third chapter of the book is dedicated to the rulings on enjoining good and forbidding evil and includes the relationship between enjoining good and forbidding evil and religious duty, freedom and choice of individuals, whether these two are absolutely or conditionally obligatory, and the conditions, stages, and levels of this obligation. The final chapter examines the governmental dimension of enjoining good and forbidding evil and the duty of the people and the nation in situations before and after the establishment of an Islamic government, or the non-establishment of an Islamic government and the jurists' assumption of *hisbah* and religious affairs.
About the Author
Abbasali Amid Zanjani (1316-1390 SH), was a jurist and legal scholar specializing in fiqh and political science. He studied in the two jurisprudential and political schools of Qom and Najaf. During the periods before and after the Islamic Revolution of Iran, in addition to his research and academic activities, he was also active in the political arena and served as a representative in the Islamic Consultative Assembly and the Assembly of Experts. Amid Zanjani played an effective role in shaping political fiqh in the seminary and university, and some consider him the father of Shia political fiqh. He left behind numerous works in the field of political fiqh, among which his famous works include the ten-volume series "Political Fiqh", the "Encyclopedia of Political Fiqh", and "The Essentials of Political Fiqh".
Division of Ma'ruf and Munkar into Religious and Rational
In the first chapter of *Supplement to Political Fiqh*, Amid Zanjani delves into generalities and definitions. In the first discussion, he considers providing a comprehensive definition of enjoining good and forbidding evil to be difficult, stating the reason as the variable nature of *ma'rufs* and *munkars* throughout social transformations. He notes that this does not mean the concept is relative, but rather stems from the vastness of religious concepts and their application in every era and place (p. 14).
In defining *ma'ruf* and its scope (p. 16), he also refers to *ma'ruf* from the perspective of jurists and, according to the interpretation of the author of *Jawahir*, defines *ma'ruf* as follows: "*Ma'ruf* is any kind of good and worthy act that is accompanied by a description such as religious obligation or recommendation, and which the actor has come to know or has learned through imitation of others" (p. 18). Also, in defining *munkar* and its scope (p. 20), he cites the definition of *munkar* from the book "*Tahrir al-Wasilah*": "*Munkar* is any type of act or omission whose prohibitive or reprehensible ugliness is known through religion or reason" (p. 21). The author's final conclusion is the division of *ma'ruf* and *munkar* into rational and religious (pp. 18, 21).
Change and Evolution of Ma'rufs and Munkars
The author of the book believes that since rational and religious knowledge is endless and has no boundaries, new *ma'rufs* and *munkars* are formed in every society, and previous *ma'rufs* and *munkars* may be lost and new ones may replace them (p. 21). Jurists have paid attention to this point and, in various chapters of fiqh, have also referred to some rational *ma'rufs* or *munkars*. The author discusses ten cases (pp. 23-26); for example, jurists, in the subject of individual justice, in addition to adherence to obligations and abandonment of prohibitions, have also stipulated the observance of customary requirements (p. 23). Also, in determining the type and amount of alimony, they have considered custom as the criterion and have regarded paying less than the customary amount of alimony as a *munkar* (p. 24).
The Concept of Command and Prohibition is Not Just a Verbal or Written Request
After defining enjoining good and forbidding evil, Amid Zanjani proceeds to define the concepts of command and prohibition (pp. 27-30). In his view, these two concepts are not just verbal or written commands and prohibitions (p. 28). He defines the concept of enjoining good as a set of preliminaries, including planning, creating a suitable environment, necessary education and guidance, and removing obstacles, to compel the addressee or addressees to perform the good, accompanied by a verbal or written call (p. 29). Similarly, he defines forbidding evil as the creation or performance of a series of interconnected and purposeful factors, beginning with a call to abandon the evil and ending with the cessation of the evil (p. 30).
Preliminaries for Implementing the Two Obligations
In Amid Zanjani's view, the executive preliminaries for the two obligations include three main items: 1- Teaching the good and the evil, 2- Guidance and answering questions, 3- Advice and well-wishing (pp. 31-34). In the continuation of the first chapter, he emphasizes the highly effective role of education in enjoining good and forbidding evil as a social norm (p. 52) and the training of elite and vanguard groups to perform these two obligations (p. 54). Also, in the second chapter, he has extensively discussed the mechanism and executive methods of these two obligations.
The Obligation of Enjoining Good and Forbidding Evil from a Rational Perspective
In a section titled "Examining the Rational Necessities of the Issue," the author has addressed and answered several objections that may arise from the implementation of enjoining good and forbidding evil. He has pointed out and responded to rational objections regarding these two rulings: 1- The deprivation of freedoms and the creation of restrictions in people's private lives (p. 48), 2- A factor of injustice and discrimination (p. 49), 3- Creating chaos by allowing everyone to intervene (p. 49), 4- Disruption of order, health, and security (p. 50). In the discussion of motivation and purpose in enjoining good and forbidding evil, Amid Zanjani has stated that the motivation for performing these two, in addition to the intention of seeking closeness to God, can be rational and based on rational necessities (p. 56).
Aims and Motivations of Enjoining Good and Forbidding Evil
The author has considered the aims and motivations of these two obligations as a criterion for assessing and evaluating their executive methods and operational mechanisms (p. 58). He has summarized the aims of enjoining good and forbidding evil into four objectives: (1) Establishing other divine obligations, (2) Purifying and renewing society, (3) Reviving public rights and freedoms, (4) Creating a state of deterrence and a desire for good (pp. 58-59).
Prohibited Matters in Enjoining Good and Forbidding Evil
In performing these two obligations, especially forbidding evil, there are prohibited matters from a religious perspective, which, according to Amid Zanjani, the members of the organization for enjoining good and forbidding evil must observe. He points to seven important and main cases: (1) Human dignity and preserving reputation, especially of believers, (2) Committing acts contrary to justice, (3) Preserving the privacy of individuals, (4) Not disclosing the organizational operations of enjoining good and forbidding evil, (5) Avoiding suspicion, (6) Avoiding excessive love and hate, (7) Avoiding positions of accusation that could damage people's trust and neutralize the effectiveness of the operations. Therefore, the forces active in the organization for enjoining good and forbidding evil must avoid being in positions of accusation (pp. 61-69).
Examples of Individual and Social Ma'rufs and Munkars
In the twelfth discussion of the first chapter, Amid Zanjani raises the devotional and instrumental perspective in enjoining good and forbidding evil (p. 70) and, in the organizational mechanism of enjoining good and forbidding evil, recommends a devotional and spiritual view of these two and having the intention of seeking closeness to God (p. 71). He then proceeds to classify *munkars* (prohibitions) into major and minor sins (pp. 71-73). He continues by dividing each of the *ma'rufs* and *munkars* into two sections, individual and social, and provides a list for each of the four categories:
Individual Ma'ruf and Munkar
- Individual *ma'rufs*: Prayer, fasting, Hajj, zakat, khums, enjoining good and forbidding evil, trustworthiness, loyalty to contracts, observing the rights of parents and other family members and blood relatives, truthfulness, good character, moral virtues.
- Individual *munkars*: Neglecting prayer, fasting, Hajj, zakat, khums, enjoining good and forbidding evil, dishonesty, disloyalty to contracts, violating the rights of parents and other family members and blood relatives, dishonesty, bad character, moral vices.
Social Ma'ruf and Munkar
- Social *ma'rufs*: Jihad, paying taxes and duties in an Islamic state, participating in public benefit works, well-wishing and offering guidance to state officials, assisting the servants of religion and the Islamic state, practicing justice, protecting and expanding public rights and freedoms.
- Social *munkars*: Administrative corruption, syndicates of evil, smuggling of drugs and prohibited substances, extortion by state officials against citizens' rights, violation of individuals' privacy by state officials, appointing incompetent and corrupt individuals to sensitive government positions or violating public rights and freedoms, corruption and oppression by the ruling body, public display of individual sins, injustice, discrimination, political crimes of the press, parties, and government officials, election fraud, underperformance in government departments and other branches of power (p. 73).
The Importance of Implementation Methods for Enjoining Good and Forbidding Evil
The appropriate methods for implementing enjoining good and forbidding evil are the second important question in this field, according to Amid Zanjani (p. 76). He has presented the answer to this question in four topics:
- Defining executive methods according to the definition of these two obligations and their objectives (p. 76).
- The existence of alternative solutions to face obstacles and problems (p. 77).
- Practice and testing, and conducting experimental organizational operations to assess individual capabilities (p. 78).
- Demonstrative operations for public information and awareness about the performance of the agents of enjoining good and forbidding evil (p. 78).
The author of the book then presents three guide plans for the structure and organization (p. 79), the operations of the supervision and identification unit (p. 90), and the activities of the operational unit (p. 105). The last discussion on executive methods is the manner of cooperation and public and jurists' assistance according to the author's proposed structure and units (pp. 146-150).
Enjoining Good and Forbidding Evil is Not a Deprivation of Choice and Freedom
At the beginning of the chapter on the rulings of enjoining good and forbidding evil, under the title "Duty and Choice" (p. 151), the author of the book has responded to some of the شبهات (doubts/objections) related to these two religious rulings. In explaining the issue of choice and compulsion in divine rulings, he believes that divine rulings are based on the grace and guidance of humans, and humans act based on their own choice and will, not by compulsion. Consequently, enjoining good and forbidding evil is not inconsistent with the absence of compulsion, and people's freedom of action is still preserved (pp. 151-152).
On the other hand, compelling people to perform *ma'rufs* and refrain from *munkars* has rational good and is necessary for the improvement of people's worldly and otherworldly life (p. 152). Despite the rational judgment about *ma'rufs* and *munkars*, a religious ruling is also necessary. The divine command for obligations and prohibition of forbidden acts, as an additional grace, leads to greater motivation and action. Also, observing or not observing these divine commands is accompanied by reward and punishment (p. 154). Enjoining good and forbidding evil, based on obligations, recommendations, and reprehensible acts, are themselves divided into obligatory and recommended commands and prohibitions (p. 156). According to Amid Zanjani, jurists have interpreted the command in these two obligations as compelling, and the prohibition as preventing and restraining, which never means compulsion and deprivation of freedom, but rather means preparing the preliminaries for an act or omission so that the addressee can choose and act with their own free will (p. 156).
Conditions for Enjoining Good and Forbidding Evil
Amid Zanjani has explained the different opinions of jurists regarding the type of obligation in enjoining good and forbidding evil (p. 156). Some jurists, like Muhaqqiq al-Hilli in "*Shara'i' al-Islam*," have considered this obligation to be an individual duty (*wajib 'ayni*), while the majority of jurists believe it to be a collective duty (*wajib kifa'i*) (p. 156). Also, in the case of the formation of an Islamic government, this duty will be the responsibility of the government to implement this divine obligation with a suitable organization (p. 157).
The author continues the discussion about the obligation of enjoining good and forbidding evil being absolute or conditional on knowledge, power, influence, etc. (p. 160), as well as the general conditions of obligation (such as puberty, reason, etc.) and the conditions of the obligation itself (such as the absence of corruption). But in the third discussion, he has dealt more completely with the conditions that jurists have mentioned for this obligation: (1) knowledge of the good and the evil, (2) the possibility and probability of effectiveness, (3) its non-obligation in a state of persistence and continuation by the one who abandons the good and commits the evil, (4) the absence of corruption, and (5) the non-conditionality of justice or the commander being a practitioner, etc. (pp. 164-180).
Stages and Levels of Enjoining Good and Forbidding Evil
The classification and hierarchy of enjoining good and forbidding evil is one of the important issues in this field that Amid Zanjani has addressed (p. 181). He has considered three main stages and levels:
- Inner desire or aversion: The first stage, which itself has levels, such as facial expression or change in behavior, like the protest behavior of Islamic scholars towards oppressive governments (pp. 182-183).
- Verbal command and prohibition: The second stage, which begins with the assumption of the effectiveness of speech. In this stage, it is necessary to preserve the dignity and respect for the personality of individuals, and the manner of speaking should not cause disrespect (pp. 184-186).
- Practical actions: Jurists have referred to this stage as "by hand" (*yad*), because practical actions are usually carried out with the hands, and the hand is a sign of power (p. 186). Practical actions also have levels, and as much as possible, religious prohibitions and matters that entail liability should be avoided, except in situations where it becomes obligatory (p. 187). In case of non-compliance with religious matters or failure to obtain permission from a qualified jurist, the commanders and prohibitors will be subject to discretionary punishment (*ta'zir*), prescribed punishment (*hadd*), or retribution (*qisas*), as the case may be (pp. 188-189).
For the third stage, Amid Zanjani has noted the observance of hierarchy in resorting to violence in forbidding evil (p. 188) and the preference for peaceful struggle over violent methods (p. 189), and has also mentioned etiquettes for commanding and prohibiting (pp. 191-194).
Governmental Dimension of Enjoining Good and Forbidding Evil
Amid Zanjani has considered taking revolutionary action and establishing an Islamic system as prominent examples of enjoining good, and has cited the opinion of Imam Khomeini in this regard, which is presented in the form of four jurisprudential issues (p. 195).
- Cooperation of the nation with the Islamic state: This cooperation is centered on the guardian jurist (*imamat niyabi* in the era of occultation). If he loses the quality of justice or is dismissed by the experts of the nation, or if the elites and dedicated specialists of the Islamic society do not cooperate with him, the people must, based on enjoining good and forbidding evil, act for the acceptance of guardianship by another qualified jurist (pp. 197-198).
- Hierarchy of the desired system: The direction and goal in governmental enjoining good and forbidding evil should be the maximum realization and implementation of religious rulings (p. 198).
- Assuming religious affairs: In situations where establishing an Islamic government or accessing the maximal Islamic system is not possible, the duty of governmental enjoining good and forbidding evil is not lifted, but enters the stage of assuming religious affairs and matters of *hisbah* (p. 201).
- Minimal government: If the jurists can take charge of judiciary and *hisbah* matters, the people must also help them to implement religious obligations and prevent prohibitions and evils. With the jurists' acceptance of these matters, it is forbidden for the people to refer to others (p. 203).