نشریه حکومت اسلامی
سال بیست و ششم شماره 3 (پیاپی 101، پاییز 1400)

National citizenship is among legal institutions in the Iran’s legal system which has its supporters and opponents. Its opponents believe that there was no possibility of the existence of such institutions in Islam and had no background in the history of Islam. In contrast, its supporters, giving reasons for the possibility and necessity of the existence of such an institution in Islam as well as in Islamic government, lay emphasis on its existence in the Islamic sciences and in the history of Islam. The main question of this article is that whether the national citizenship is justifiable from the jurisprudential perspective or not. To answer the question, attempts have been made to establish the authority and legitimacy of national citizenship through explaining Islamic statism and Islamic ordinances. To do so, the writer tries to put forward the subject ‘national citizenship’ in the forms of ‘primary, governmental and secondary rules’ drawing upon the library as well as analytic-descriptive methods, claiming that national citizenship is to be explained and established as an example of the primary rule in Islam.

The moral boundaries of political jurisprudence and the idea that one can level false accusations against the political opponents and that essentially to what extent this claim is commonly accepted in terms of political jurisprudence of Imam Khomeini as the architect of the Constitution form the fundamental basis and thesis of the present research. To make a careful and rational study of the subject in question, the researcher has tried to examine the aforementioned claim in a jurisprudential system to find out how significant position this occupies in ShiÝa’s political jurisprudence in general and in Imam Khomeini’s political jurisprudence in particular.  The findings of the research show that in the political jurisprudence of Imam Khomeini the moral boundaries are preserved and the abovementioned claim is totally nonjuridical and taken to be an imposition on Imam Khomeini’s political jurisprudence and his jurisprudential school of thought. The findings of the research can precisely explain the political judgements of jurisprudence and its moral boundaries on the one hand and may always be taken into consideration as a means of designing a pattern for political rights of people in the Islamic government on the other.

Islamic state, in general, pursuits its foreign policy in the framework of mutual multi-leveled interests. The essential characteristic of this approach requires the Islamic state to take its interests, particularly its intellectual interests as dependent on the consideration of legitimate interests of other nations, in a fair manner. The wide scope of this so-called form of utilitarianism, the limited capability of the government, and the existing complexities in the arena of foreign policy, have caused the optimal pursuit of this approach to face difficulties and have posed different challenges to the foreign policies of the Iranian agents and put forward the question that what levels of mutual utilitarianism the Islamic state should look for in order to get rid of the challenges and conflicts. To answer this question, the research sets forth the idea that, according to the value-based leveling model,  the foreign policy of the Islamic state can define four strategic levels which consist in human society, Muslim community, faith community, and the level of preserving the system of government in foreign policy which, in order of priority,  can provide a context in which the state can make efforts in line with its foreign policy to ensure mutual interests in its international relations.

Non-commitment of the agents in the Islamic government to obeying the Muslim ShiÝa authority, is not only taken to mean something against the constitutional law but also leads to inefficiency in the government in arriving at its sublime aims and purposes. Accordingly, strengthening the faith in the agents in their submission and obedience to the Muslim ShiÝa authority in all governmental positions, constitutes an issue which greatly stimulates making researches into this field. Nevertheless, the aim of this research work is to present strategies for strengthening the Islamic government’s agents’ obedience to Muslim ShiÝa authority. Among these strategies one can refer to what we call the explanation of theological principles and foundations of the agents obedient to a Muslim ShiÝa authority. Drawing upon library research method, the article introduces the theological principles and foundations of the agents by making rational analysis. The findings of the research show that through recounting the principles and foundations and offering strategies for strengthening the idea of obedience to the Muslim ShiÝa authority, the religious roots of obedience to Muslim ShiÝa authority are strengthened and commitment to being obedient to a Muslim ShiÝa authority becomes a matter of belief and religious necessity.

One of the important constituents of resistive economy is its cultural aspect. In this article, the writer deals with this central question “what model of economic culture is needed to exercise economy of resistance?” According to the thesis of the article, jihÁdi economic culture is the only culture that can pave the ground for the fulfilment of the resistive economy in question. In order to establish the thesis by making use of the analytic method, general and particular constituents of JihÁdi economic culture are explained and their effect on the fulfilment of economy of resistance is studied. The findings the article shows that jihÁdi economic culture is of certain general constituents such as economic activities in the cause of Allah, priority of common interests over personal interests, nonacceptance of economic dominance and emphasis on economic resistance. These general constituents lead to the creation of such constituents as working hard for earning a legal livelihood, prohibiting laziness, leaving properties idle with emphasis on the production of domestic commodities in what is called producing section, sufficient proper consumption by giving priority to domestic commodities in consumption section and fair distribution of resources and income with emphasis on capabilities in distribution section. Theoretical and practical evidences suggest that JihÁdi economical culture results in an increase in economical resistance.

In the thesis of modern Islamic civilization as put forward by Grand Leader Ayatullah Khamenei, one of the emphasized pivotal points in his thought is the mentally-posited obstacles in creating a modern Islamic civilization into which no research has ever been made. Drawing upon a descriptive-analytic method, this article aims to identify the factors causing inactivity in creating a modern Islamic civilization, basing its discussions on ÝAllÁmeh ÓabÁÔabÁÐ’s theory of mentally-posited concepts as well as the teachings of the Holy Quran and certain Islamic sources, trying to provide an answer to the question, “What factors has the Grand Leader, Ayatullah Khamenei, introduced as the mentally posited-obstacles in achieving a modern Islamic civilization?” The findings of the present research shows that inattention to identity considerations and multiplicity of ideational divisions as well as changing and unchanging needs whose results would be infiltration, dependence, insecurity, self-deprecation and imitation along with inattention to the needs of what he calls pre-society and post-society and the way in which mentally-posited knowledge stands in relation to social realities and faces diversities of the modern Islamic civilization in discrediting the principles of the Islamic Revolutions, the Imam Khomeini’s line, Islamic life-style and, last but not least, discrediting the necessity of countering the enemy’s threat are the main causes of stagnation or inactivity in creating modern Islamic civilization.

The main concern of this article is the study of “how to move towards jurisprudence of civilization and formulation of a civilizational treatise practical rules and procedures. The discussion is raised as to the paradigm of ShiÝi theology (kalÁm) and jurisprudence (fiqh) and JawÁhiri usÙl (principles) of fiqh. In this epistemological system, IjtihÁd (independent reasoning) is deducing judgements from documents and the term “judgement” is taken to mean legal reasoning belonging to the actions of servants. Due to the use of the phrase “actions of the servants” in the definition of judgement, IjtihÁd has taken an approach to personal behavior. The claim for creating Islamic civilization and meeting needs on social and international scales have caused efforts to deduce the Islamic views and opinions on a mass scale, along with the approach to “processes” to attract considerable attention. Taking into account the definition of “civilizational jurisprudence” that knowledge of canonic rules belonging to the interactions and cooperation on a large scale as well as organizations aiming to achieve justice and to make social reforms, to apply this knowledge requires one to be aware of the concept of “large scale” and “relations and processes” in “structures and organizations” for deducing strategies from the canonical (textual) evidence. In this article, efforts have been made to present cognitive and functional requirements for the application of the knowledge mentioned above. In addition, according to the idea of “civilizational jurisprudence”, modelling a civilizational treatise of practical rules and procedures is possible.