martyr Ṣadr

Confronted by the complexities of the modern world, the Islamic world has encountered numerous novel and diverse challenges. Among these emerging issues and crises created by republic-based governance is the question of the "extent of popular participation in the legislative process." This article, employing an inductive and conventional qualitative method and analyzing the works of Martyr Muhammad Baqir al-Sadr, investigates the challenge of popular legislation within Islamic governance as one of the crucial governance challenges in the contemporary Islamic world. The central hypothesis of this research is that a crucial governance challenge within the contemporary Islamic world can be addressed by examining the legitimacy of popular legislation from the perspective of Martyr Sadr. The findings indicate that, according to Martyr Sadr's thought, the conditions for the legitimacy of popular legislation are categorized under the following headings: adherence to "Mantaqat al-Faragh", consideration of the nation's interests, adaptation to temporal and spatial contexts, qualifications of the legislator, limiting the relationship between man and nature, and finally, compliance with the constitution.

One of the most important theories of Shiʿa political jurisprudence – which stand in line with each other – is the concept of al-Wilāyat al-Faqih (Guardianship of the Muslim Jurist). According to the theory of ‘Discretionary Sphere of the Law’, an Islamic ruler has the right to independently legislate and determine obligations and prohibitions which, in addition to their legal status, should be obeyed like divine commandments. Therefore, this right is not exclusive to infallible Imams, but also applicable to a fully qualified religious ruler in the absence of an infallible Imam during the Occultation Period. According to the theory of ‘Absolute Guardianship of a Muslim Jurist’, in the absence of an infallible Imam, a just Muslim jurist capable of establishing a government will have governmental authority equal to that of the Prophet and the Imams who successfully established governments. The joining point and the most important aspect of commonality between these two theories is the right to govern and the legitimacy of the Guardianship of the Muslim Jurist in the Occultation Period, with the most significant difference being the extent of their authorities. As far as the ‘Discretionary Sphere of Law’ is concerned, the ruler does not have the right to deviate from religious duties and legal obligations. However, in accordance to the theory of the “Absolute Guardianship of the Muslim Jurist”, the ruler, if deemed necessary, even has the right to temporarily suspend religious duties and violate laws in the interest of the Islamic system; for the Islamic government is regarded to be based on the primary ordinances of Islam.

The subject of this article is the position of Anfal and its role in the social security system from the perspective of Martyr Sadr in Iran after the revolution. The main question of the article is: What role can the use of Anfal have in government solidarity in the social security system in Iran? The hypothesis that is raised following the mentioned question is that considering the function of Anfal in economic provision, its use can play an important role in providing the financial deficiency of the country's social security system. According to the findings of the research, according to Martyr Sadr, social security is in the subcategory of economic justice, which is the ultimate goal of the formation of Islamic society and is possible in the light of poverty alleviation and distribution of prosperity and wealth in the society. Anfal and public wealth that belong to the prodigal have been placed at the disposal of the religious ruler to be used efficiently for fair production and distribution. As a result, anfal in the way of social security is an obligation for the religious government. In the current social security system of the Islamic Republic of Iran, less attention has been paid to Anfal, while this religious institution is able to be effective as a basic solution in solving the lack of social security financial resources and expanding economic justice. The current research is qualitative and of a descriptive-analytical type and has been written in a library method and by extracting various sources and data.

Given that the inclusion of the theory of Velayat-e-Faqih in the constitution in 1979 has led to the formation of a new political system in the contemporary era, the present article seeks to outline how the idea of ​​Velayat-e-Faqih was formed in the constitution and the history of developments. What is this principle to the constitution? Therefore, in this regard, a brief reading of the thought of Velayat-e-Faqih in the view of the great architect of the Islamic Revolution and the political thought of Martyr Mohammad Baqir Sadr as one of the first official reactions to the draft constitution is necessary. In the present article, the historical developments of the entry of this principle into the constitution have been treated with a different perspective. The method of the present article is descriptive-analytical and the method of data collection is also a library. The role of certain individuals in including the principle of Velayat-e-Faqih does not correspond to the existing reality

The establishment of the Islamic State in the Age of Absence is one of the fundamental issues of political jurisprudence. This article compares and analyzes the collected ideas and documents collected from the works of Mirza Naeini and Shahid Sadr with a comparative research method such as collecting library data and imitating Skeiner's hermeneutic theoretical idea in understanding the political thought of these two Islamic thinkers. The research findings emphasize several points; Contrary to popular belief in the similarity of the council government in Naini and Sadr's thought, the two theories are different. In the geometry of Mirza Naeini's political knowledge, sovereignty is a divine right and does not belong to the people, but the council is the people's right. According to the principle of the council, the people have the right to consult with the ruler, but in the opinion of Martyr Sadr, the sovereignty is the people's right, and consulting is a right of public to stablish the sovereignty of the people. The essential difference of the council government leads to the formation of different functions for the principle of the council in Imami jurisprudence and causes the emergence of a new approach in examining the political matter from the perspective of Imami political jurisprudence.