مجله فقه حکومتی
پیاپی 5 (بهار و تابستان 1397)

From among the duties of Islamic fiqh and at the same time from the major functions of the Islamic government are providing security, preventing insecurity, and preventing insurrection. The psychological security helps citizens feel that their environment is safe and calm and far from harm and threat. This category shows itself in all areas of life. The current study addresses those mechanisms of fiqh, which directly affect the creation and consolidation of mental health. The hypothesis of the present research is that in terms of theoretical considerations such as the type of relationship between psychological security with self-actualization, morality, social capital, political justice and faith, one can investigate the psychological security mechanisms in political fiqh. The mechanisms being investigated are in some matters such as protecting privacy of citizens, preventing the publication of the zalleh[1]  books, The legal principle of preserving the life, property and dignity of the Muslims, the rule of law, presumption of innocence  and principle of validity, and the fight against mohareb[2] . This research has been done by descriptive-analytical method and utilizing the conventional method of understanding the texts or content analysis in hawza [1]  A term referring to the false religions which are not divine but they claim to be holy [2]  Perpetrator; a person who fights against Islamic government; enemy of God

In Islamic fiqh, security has a great significance and an extensive domain. Given the various effects of security as being a right or a decree, the main question of this article is whether security is a right or a decree. To answer this question, after defining the terms related to security, and defining the two concepts of right and decree, the researcher initially examined security in fiqhi sources and texts. Then, some pieces of evidence for security as being a right or a decree were presented and discussed separately. Finally, a conclusion was made that security in Islamic fiqh is a decree and its meaning is the desirability of the status of the individual and social security in the extensive domain of ​​security, including different cultural, political, military, local, and global areas. Nevertheless, security in the form of contracts, treaties and covenants in private, public and international

Public order is a concept widely used in legal studies. This concept seems apparently simple and easy to understand, yet, it is actually difficult and hard to grasp; in the sense that lawyers and, as a consequence, legislators always emphasize its protection, and stand against any factor disturbing it through asking the help of official or administrative, legal, and punitive methods. In spite of this, more elaborately, since in any legal system public order is firmly linked with the fundamental values ​​and sources of law, it is a completely situation-based and time-based concept. For this reason, the recognition of this concept in Iranian legal system, which is closely related to the concepts and rules of Islamic fiqh, depends on the conceptual understanding of the principle of safeguarding the system. Indeed, although public order has entered into the legal literature and legal system of Iran,  through the French legal system, especially Article 6 of the civil law of that country, it should be considered that the origin and structure of its application has fundamental differences with the Islamic principles; therefore, in answering the question that “ What are the differences between the origin and structure of the application of the concept of public order and that of the concept of" system”, the researcher of the present study believes that although both concepts are derived from social requirements, due to the difference in fundamental values ​​and principles of their citation and application, they have some major differences. Descriptive-analytic method is used in this research

Common security schools in the world deal with questions about the concept, dimensions, levels, reference and method of preserving security. There exist two other questions related to the definition of ‘friend’ and ‘foe’ and the strategic security solutions. Taking advantage of fiqh, especially fiqhi views of Sahib-e Jawaher[1], the researchers of the present article aim at answering the mentioned questions. In the fiqh of the current time, there isn’t any independent book or chapter on security. As such, the discussion of the present paper takes a capacity-introducing approach, and based on the existing fiqhi arguments and issues, it tries to address the reasons and implications of the security. In Islamic fiqh and Sharia, the issue of taking care of one’s lives, preserving mind and wisdom, preserving descent and protecting family, preserving honor and chastity, preserving property, preserving religion, and preserving the Muslims’ lands. By the word ‘preserving’ we mean ‘survival’. In fiqhi view of Sahib-e Jawaher, the dimensions of security have been interpreted extensively, in addition to the material and spiritual dimension, including personal, social, military, political, cultural, social, economic, and environmental dimensions. This paper, based on fiqhi doctrines and Islamic principles, has made the methods of preserving each aspect of security clear [1]Nickname for Muhammad Hasan al-Najafi, author of Jawahir-al-Kalam fi Sharh Shara’i‘ al-Islam

From the viewpoint of theologians and foqaha (faqihs), safeguarding and protecting religion, life, property, parentage and mind are the purposes of the Sharia. This indicates that security in its comprehensive sense has been attended by the wise legislator; that is, the life, financial, reputational and ideological safety and security of each individual and the society is the main philosophy of the Sharia law in various individual and social fields. The current study aims at explaining this issue through reviewing a set of religious laws throughout fiqh. Recognizing the legislator’s wisdom in legislating each of the decrees of the Sharia is important since it helps the individual and society in fulfillment and enforcement of the laws that conform to the purposes of the Sharia. Any person and society who understands the purposes of the tasks being done is different from the person and society that is ignorant of the purpose of the legislation. In this paper, some of the laws that are designed with the purpose of providing security in various personal and social dimensions are deduced based on the original sources and identified by the analytical method.