Governmental Fiqh (Jurisprudence): Quiddity, Reason and Manner

Governmental fiqh (jurisprudence), one of the main issues of philosophy of fiqh (jurisprudence) is a holistic approach which is based on the maximal view on religion. Governmental jurisprudence is considered as a method and approach vis-à-vis individualistic fiqh (jurisprudence) and a general description governing all types of jurisprudence. That is, when jurist wants to infer religious injunctions, he considers the act of enforcing rules in the context of an Islamic governmental system which represents an institution to manage the society. The present paper mainly deals with the "quiddity, reason and manner" of governmental fiqh (jurisprudence). When discussing quiddity, it elaborates on the nature of governmental jurisprudence, when discussing reason it expounds its necessity and when manner is in question, the method and process to achieve it are discussed. Using an analytical approach, this paper tries to reanalyze and elaborate on the aspects of this extremely important issue in Islamic fiqh (jurisprudence) by referring to the views of such great jurists like Imam Khomeini (May God’s mercy be on him) who has revived the theoretical dimension of governmental jurisprudence and established the Islamic Republic in modern century on the basis of the practical dimension of governmental fiqh.