فقه سیاسی

In Islamic political jurisprudence, rules have been designed to regulate relations and interactions between individuals or governments, which, in addition to organizing and stabilizing interactions, will lead to transparency in relations and, consequently, the effectiveness of interactions. One of these rules is taqiyya, which is widely used in domestic politics in interactions with opponents and minorities and in foreign policy in interactions of the Islamic government with foreigners, especially enemies. The main question of this research is the role of taqiyya in the foreign policy of the Islamic government. In this regard, its vital role was examined, emphasizing Ayatollah Khamenei's viewpoints on applying this rule in political jurisprudence and foreign policy. Also, using the jurisprudential method and relying on rational reasoning, after examining the conditions and various types of taqiyya, including fear-based, strategic, etc., its role in the political sphere, especially foreign policy, was investigated. The importance of the Islamic country's political relations with other countries requires taqiyya to be used as a main strategic principle to avoid potential dangers to countries or to continue friendship between governments and, generally, in the direction of the higher interests of the Islamic country. According to Ayatollah Khamenei, along with the principles of wisdom and expediency, this rule is considered one of the principles of the foreign policy of the Islamic country. In both domestic and foreign spheres, this rule creates legal prescriptions for preserving, attracting, and influencing the achievement of the goals of Islamic governance and Muslims and the resolution of their problems. Internationally, aligning governments and nations, preserving the unity of Muslims and the entities of the Islamic country, and undermining the enemy's plans and deceits are possible through taqiyya. In fact, the philosophy of using this rule in political jurisprudence is to lead the Islamic country and Muslims to their higher goals.

The government regulates the relations between nations and foreign policies, but it is not possible without communication with the people. Political training means that the members of the society are raised in such a way that firstly they strive to achieve and establish a government based on Islam, and secondly, after the achievement of such a government, they are the best political members of that society to achieve the ideals and legitimate goals of the government and are able to analyze the domestic and foreign political issues and deny tyrannical rule. This research has been done with a descriptive analytical method to investigate the Quranic words related to political training with an emphasis on foreign relations in verses 1 to 9 of Surah al-Momtahenah, considering the most important Shi’a and Sunni exegeses and the teachings of political jurisprudence. The results and findings of the research show that the verses of the Qur'an as well as the Prophet's manner in treaties, letters, etc., in the context of establishing relations with other and non-Muslim societies, indicate that Islam is a religion of communication, but it has set limits for these communications. The principles derived from the opening verses of Surah al-Momtahenah in the field of foreign relations are: the principle of model selection in relationships, avoiding friendship and trusting the enemies of God, not trusting the enemy with intelligent and careful planning, not preferring personal interests over the interests of the Islamic society, the companionship of spirituality and politics in foreign relations and the principle of attraction in foreign relations. The methods of implementing these principles are often cognitive methods, providing insight and strengthening rationalism, which are used along with behavioral methods such as learning lessons, tolerance and model selection.

A Danish strategy for the survival of Islam in Islamic law, equivalent to the jurisprudence of a new decision. Imam Khomeini's (may God have mercy on him) in different dimensions of the decision, but also from the angles of a different story that was attributed to him, because he has no problems with it. What is the title of this strategy? Various jurisprudential rules in the strategic proposition of Imam Khomeini (may God rest his soul) Peramon, external and internal policy, the impact of the situation, the rule of peace, the rule of peace. Imam Khomeini (may God rest his soul) peace be upon him and his family Yes, I have priority over reconciliation, and where I have priority is that it is hidden under the guise of all the rules of jurisprudence that can be verified without any doubt. In this present day, we are talking about different historical facts and a complex approach, such as description, analysis and deduction, of the religious strategy of Imam Khomeini (may God rest his soul) in contrast to the Eyalat monk. United States of America in Canada. There are also other rules that end the connection between these principles and the principle of peace, which is enough for a person and a person who is completely separated from the rules of related jurisprudence, as a result of which he is outside of the foundation.

The principle of Lā Zerār (no harm) is one of the important rules in Islamic Fiqh (Jurisprudence)and it is practical in all jurisprudential aspects. Since politics is one of the significant fields in human societies and according to Imām Khomeini, Islam and its Fiqh are completely political issues, the relation between this principle and politics is considered so valuable and pivotal. It is possible to utilize the potential of this principle in the realm of politics and international systems. In this regard, the present research aims to answer how we can make use of the potential of this principle in the realm of politics in general. The research method is descriptive-analytic, and the results indicate that according to Imām Khomeini’s approach to this principle that regards it as a governmental order, it can assist jurists in different political and social fields and prevent the actualization of some established laws in all individual, social, and political (national-international) domains. In this case, the harm should be identified in terms of compatibility between order and subject: If it refers to an individual subject, it should be identified by individuals and if it is political and governmental, it is within the authority of the Islamic ruler. Therefore, the Islamic ruler should identify the extent of harm with respect to the interests of Islamic society and act accordingly.

The purpose of the present research is to study the concept of justice in elections from the view of political jurisprudence. The research method is descriptive-analytic and the results showed that with reference to jurisprudential and legal rules, the perquisite of justice condition for elections relies on two main foundations: A. candidates and volunteers; B. supervisors and executers (assembly of experts for leadership, guardian council, executive and legislative forces). The concept of justice denotes the trusteeship of supervisors and executives to maintain people's votes which conveys their current justice bailment. The application and effectiveness of justice in political jurisprudential rules of elections can prevent and remove challenges and tensions that would occur before or after election. Moreover, by choosing the best elites and experts in different social issues, it would truly effect on economic, legal, political, and other aspects of justice to lead the society toward development and betterment. On the other hand, people's maximum participation in elections would confirm the legitimacy of the Islamic republic government and as a result, bring security and peace for the country.

The purpose of the present study is to review and explain development and dynamism of Shi'ite jurisprudential tradition from the view of political rights. The research method is descriptive-analytic and by using Alasdair Maclntyre's view about procedures of transformation in intellectual traditions, it has distinguished three stages of change in Shi'ite jurisprudential tradition in terms of public political rights: Most theories in Soltāni Fiqh emphasize on the guardianship of Mujtahedin or the authority of just kings and they do not pay much attention to public political rights. Upon the crisis in the royal system and constitutional movement, its theoretical backup needed epistemic reconstruction and therefore, constitutional Fiqh for solving this epistemic crisis, in addition to the authority of kings and canonical guardianship of Mojtahedin, emphasized on public political rights and people's participation in power. The third transformation in Shi'ite political Fiqh is related to contemporary theories which negate the legitimacy of royal systems and emphasize on "people'' and their political rights and freedom. Therefore, the results show that jurisprudential-political tradition of Shi'ites in terms of public political rights has changed from authoritarianism to democracy.

The purpose of the present study is to answer this research question: from the view of Āyatollāh Khāmeneii, what is the relationship between national interests and Islamic community expediencies? The common viewpoint in finding an answer to this question is based on the likelihood of conflict between these 2 categories and search for finding out the priority aspect of one over another. However, from the view of Āyatollāh Khāmeneii, it can be concluded that based on belief in 3 concepts named as consistency between national interests and theoretical foundations of Islam, consistency between national interests and national identity, and consistency between national interests and international objectives, there is innately no conflict between national interests and Islamic expediencies because in his view, national interests of an Islamic country are not separated from the Muslims’ national identity and social culture derived from Islamic values. In his opinion, in many cases, the perception of conflict is out of ambiguity; and if theoretical and practical confusions in the foreign policy of the Islamic government are resolved and corrected, a major part of outer contradictions in practical aspects would also be removed. Sometimes, conflict is out of the illusion of interests or experiences. Islamic government by considering theoretical foundations of Islam and a realistic outlook based on the existing necessities, can provide suitable strategies and techniques in its foreign policy to sustain national interests and Islamic expediencies.

The Theory of “negation of correlation between sustaining a political system and its religious legitimacy” claims that there is no correlation between the necessity to maintain a political system and the religious legitimacy of that system. In other words, the necessity of sustaining a political system is an absolute issue and this necessity is not dependent on whether it has religious legitimacy or not. The purpose of the present study is to review the relationship between this theory and arguments and foundations in political jurisprudence. Accordingly, the following question is raised: “From the view of political jurisprudence, what is the order about sustaining political systems with no religious legitimacy?” In order to answer this question in the present research, in addition to religious documents, the principles of Imam Khomeyni and the Supreme Leader were also emphasized. The method of study is descriptive-analytic and the results showed that religious implications and generalities as well as the perspectives of political jurists not only disapprove the necessity of sustaining political systems that have no religious legitimacy but also emphasize on the necessity of uprising against them. Furthermore, the theory of “negation of correlation between sustaining a political system and its religious legitimacy” relies on 4 basic pillars that the analysis of those foundations can shed light on the relationship between this theory and the arguments in political jurisprudence.

In this article, the author tries to analyze the qualitative content by referring to components such as principles, problems, methods, theory and epistemology in some of the 140 works of the Research Institute of Political Science and Thought (which is one of the largest research institutes). He has focused his discussions firstly on political studies and secondly on Shiite thought in the philosophical and theological, jurisprudential, moral and empirical layers, in the form of monographs and periods, although it should be noted that although some of the works of the said The thought of non-Shiite Muslim thinkers is also dedicated, but most of its works are related to Shiite philosophers and jurists) to answer the question that "the advantages and effects of Shiite political studies in organizing social and political life What is it? To payHence he has tried;Pursue issues in the form of political monotheism, war and peace, politics and government, the individual and the state, enjoining what is good and forbidding what is evil, reason and revelation, predestination and authority, and justice.And have had special effects on the organization of social and political life

System of problems is one of the new topics in knowing the knowledge opening different angles of the raised, non-raised and should-be-raised research issues as well as new horizons before researchers. Since political jurisprudence could be considered as the software of the Islamic political system, it is necessary to address the various aspects of this approach, including the system of problems and its structure, which can play an important role in understanding the system of political jurisprudence and pave the way for up-to-date and non-repetitive researches in it. Based on descriptive-analytical and inductive methods, the article addresses this main question: what is the structure and system of political jurisprudence problems? In the hypothesis, it is emphasized that the structure and system of political jurisprudence problems can be examined in two major areas: the essence of political jurisprudence and its problems such as epistemological identity, principles, foundations, sources, history, ‌ methodology and schools of political jurisprudence. In first-grade problems of political jurisprudence, the four dimensions of sovereignty, government, citizens and border/territory are considered, each of which dealing with issues such as concepts and generalities, principles and rules and the problems of that field, an innovative issue that has received less attention so far from researchers.

 Indubitably, nowadays the Islamic political knowledge is known as an independent field at the level of scientific assemblies, and the Holy Quran which is the most important infallible book in guidance, is heedful of political guidance area, too. Therefore, the present researches entry on analyzing how meaningful resonant the Holy Quran can be on the forming, stating the small-predicates and the spread of Islamic political knowledge. The discovery of this resonance is feasible through commentary and the divine verses analysis based on commentary regulations. Ventilating this hypothesis depends on analyzing the divine verses with interdisciplinary approach and second-best knowledge (Method and Approach) to inquire into Quran and its rule and resonance in political word, political ethic and political jurisprudence by considering human different existential layers from Quran's viewpoint and dividing the sciences based on it (the expanse of resonance). And the aim is that the expanse of divine verses resonance should be admitted in the fields of the forenamed political knowledge (goal) and consequently it should be emerged that the Holy Quran is the origin of political word, political ethic, political jurisprudence and establishing Islamic-Political literature and by creating concepts and the forenamed knowledge's problems and all the later developments owe to the Holy Quran's political guidance which is for responding human existential needs (the findings).

The present article is investigated Imam Ali's letter to Malek Ashtar. One part of the article is used Imam Ali's words to explain shariah's purposes. Islamic law has great goals and purposes, for example, slavery, justice, security, and kindness are the most important shariah purposes that are mentioned in 53rd Imam Ali's letter. the other topic of the article is the function of shariah purposes in political jurisprudence, One of its most important functions is its role in the interpretation and understanding of the Qur'an and Hadith. In this article, as a new study, we show how this function can be used. , we analyzed the issue of the laws of war and peace and relations between Muslims and non-Muslims from the perspective of the goals of religion with the emphasis on that letter. The result of the study is the choice of peace as the chosen principle achieving the goals of religion.

The purpose of the present study is to explore the parameters of adherence to the ruler in Imamiah (Ja’fari) jurisprudence. The method of study is descriptive analysis and the results showed that in Imamiah jurisprudence, adherence to a qualified ruler who has the right to enjoin and forbid others is considered necessary, and thus disobedience to him is not allowed. Adherence to a disqualified ruler is regarded as “obedience to Taghut or Satan”; therefore, a disqualified person cannot remain in power even by common consent because in Islamic culture he is considered as a representative of “Taghut”. Neither he has the right to rule over people nor are people permitted to obey him. The incompetence of such a ruler to govern people and implement justice nullifies his right of guardianship and governance so he has no right of governorship in social affairs and hence it is not obligatory to obey him.

The purpose of the present study is to explain the jurisprudential perception of the concept of national interests in foreign policy with emphasis on two concepts of interest and nationality from the perspective of Imāmīya political Fiqh (jurisprudence). The method of study is descriptive analysis and it is designed using the Ijtihādi approach in Fiqh that is formed at the intersection of Nass (divine decree), wisdom, and time awareness in the theoretical framework of “Islamic rationality”. The results showed that Shi’ite political Fiqh in a utilitarian perspective to interrelate religion and the world, spirituality and materiality, and the fixed and changeable principles of human life believes that following interests in Islamic value system is not only an individual responsibility for Muslims but also an existential philosophy of Fiqh as the general jurisprudential regulations convey the same thing. Accepting “rational behavior and foundation”, recourse to “the behavior of the infallible Imams (s)” in encounter with human classifications, paying attention to “al-Farāgh district” (some issue for which no definite religious regulations can be stated), and “the distinction between transactions and prayers” in Fiqh are all considered as an introduction to explain and admit time and place requirement in modern and national classifications. Even if it is not helpful to explain some requirements in advance, religious rationality for the sake of urgency determines national classification and follows national interests within that framework. Furthermore, the moderating principles in political jurisprudence such as “narration of Vaz’”, “urgency”, Miysūr”, al-Aham fal-Aham” lead the Islamic government to admit national pluralities in addition to following the ideal of Islamic unity.

The purpose of the present study is to survey the relationship between religion and politics in the ideology of jurists during the Qajar dynasty. To this aim, Skinner’s hermeneutics was used to analyze the link between religion and politics in the view of jurists back then, the necessity of chairmanship and government based on jurisprudence, and the relationship between the jurists and kings in that period. Moreover, it was attempted to review some aspects of the political jurisprudence during the Qajar dynasty based on which some of the most important transformations such as Persian constitutionalism took place in that period. The results showed that the power of Shi’ite scholars and their popularity among people made the cruel state in that age in need of their support. The jurists also made use of their religious legitimacy and authority as well as popularity among people to fulfill the Shi’ites’ welfare and prosperity through their contacts with the kings. Due to lack of its religious backup and common popularity, the kingdom of Qajar was in need of Shi’ite jurists to support them, thus the jurists made use of this opportunity to emphasize on the right of common people and their needs in their contacts with the kings. The Persian constitutional government that was not so successful in Iranian society was a reminder of this fact for the Shi’ite jurists that civil order coming from western ideology has no place in Iran and hence the only way to find salvation from tyranny is to establish an Islamic state and implement Islamic rules.

The purpose of the present study is to explain the criteria for the guardianship of the Islamic Jurist with an emphasis on the political ideas of Imam Khomeini. To this aim, descriptive analysis was used in this study to make an enquiry about the essence and arguments of the guardianship of the Islamic jurist, the jurists’ obligation to establish an Islamic state, the virtues and vices of the Islamic jurist’s political ethics, as well as the responsibility and authority of the Islamic jurist. Based on the triplet classification model in Islam and the framework of Imam Khomeini’s political ideology, the subject under study that is the guardianship of the Islamic jurist was classified into 3 aspects of political philosophy, political ethics, and political jurisprudence. In general, 33 criteria for different aspects of the guardianship of the Islamic jurist were extracted including 9 criteria about political philosophy, 15 criteria about political ethics, and 9 criteria about political jurisprudence. Furthermore, the results showed that there is a logical relationship between the 3 above-mentioned classified aspects, that is to say the imperfection and perfection of each aspect is effective on the others as well.

The purpose of the present study is to explore the qualification of those who take part in a transaction with special emphasis on the ideas of Feyz Kashani on the admissibility of transaction with children in micro-level issues as well as the discrepancies between his ideas and other jurists’. In this regard, the social and political requirements of the admissibility of transaction with children in micro-level issues were studied based on the viewpoints of Feyz Kashani. The method of study was descriptive analysis and the results showed that accepting the validity of transaction with children would lead to the extension of the concept of political and social participation. The permissibility of transaction with children in micro-level issues implies the permissibility of their participation in micro-level social and political issues as well. There is a sort of correlation between the two above-mentioned aspects which permits the participation of children in social and political micro-level activities and legitimizes their presence in some social activities such as “councils”, “elections”, “voting” and so on in order to give their ideas in micro-level issues.

The present study aims to investigate the effect of power and gaining the Islamic State on political jurisprudence or methodological science. It also aims to consider the influence of social and political realities in the field of action and the viewpoint of such state on principles and inference. The research method was descriptive-analytical and the results showed that although governmental developments had no profound effect on the research method for studies on principles of jurisprudence and jurisprudence, but it has opened new horizons, It has strengthened the rationalist approach and conventionalism, developed the rules of jurisprudence, and the existence of the religious rule has been effective in changing the style and method of inference. Increasing needs of the government and Islamic society have led to changes in ways of understanding and they have provided the opportunity to unravel and answer the emerging questions, and the Islamic society provides tools and facilities which pave the way to provide new methods for processing the juridical questions.