نشریه حکومت اسلامی
سال بیست و هفتم شماره 3 (پیاپی 105، پاییز 1401)

Given the importance of preserving the Islamic regime and the Islamic society, a Muslim ruler, whenever finds it expedient, can make special laws and regulations and issue special orders as government decrees. Attention to the nature of a government decree shows that this kind of decree is not among any of the primary and secondary rules, rather in case two decrees meet by accident at the same time (being mutazāhim), a government decree may cause the provisional inexecution of the two dcrees. That is to say, sometimes in enacting decrees, when two decrees – whether be two primary decrees or two secondary decrees – meet by accident at the same time, a Muslim ruler, considering both the interests of the Islamic regime and the maxim “the primacy of more important instances over the important ones” can choose and enact one of the decrees which is more important and the most useful one and ignore or inexcute the other decree temporarily. As soon as this problem is resolved, the primary decree returns back to its first state and becomes operative. In this article, the question has been dealt with on the basis of theoretical and fundamental investigation drawing upon a content analysis. Through analyzing the findings and studying the instances, the conclusion is made by the writer that a Muslim ruler has this right and authority to choose between the two decrees when they meet by accidence, the one which is taken to be more important than the other according to circumstances and expediences.

The obligation such as ‘enjoining the good and forbidding the evil’ in the Islamic value system is of significant status and can be operative in different individual, social, and political levels to the extent that this obligation has been taken to be a basis of other Islamic obligations.Naturally, as this obligation is of a sublime position, it requires that the Islamic society pay considerable attention to it and the Muslim jurists deal with it in their works of jurisprudence whereas this significant obligation, in its various levels, has not achieved special status and researches into the sources of jurisprudence show some evidence to the contrary.Having studied the different cycles of jurisprudence, one finds out that the present works of jurisprudence have not been formulated in line with the high status of this obligation and been neglected in scientific texts. Moreover, concerning what causes enjoining the good and forbidding the evil to be outmoded, it is also found out when there is no pure Islamic government, the pressures of the governments, lack of social effort by Muslims, difficulty in recognizing what may be an instance of enjoining the good and forbidding the evil and the right prformance of this duty and other ambiguities in it cause the Muslim jurisprudents do not deal with this issue as they should.

Softsubversion of the Islamic regime which is taken as one from of color revolution can be said to be one emergent issue in the literature of the political and penal jurisprudence. The measures taken by the opposition groups are typically the ones which make use of the satellite networks and cyberspace and which follow certain policies as concentration on creedal, moral and social realms by means of persuading people to make corruption, disturbing the public opinion, making public disorders with the aim of leading the Islamic regime to downfall. This fact demonstrates the necessity of speaking of criminology of the soft subversion of the Islamic regime. The present article deals with the idea of ‘doing corruption in the earth’ as a criminal title, trying to define and describe it, seeking to explore the feasibility of the conformity of soft subversion of the Islamic regime to doing corruption in the earth in order to study the crime of subversion of the Islamic regime. It makes the conclusion that soft subversion of the Islamic regime is one of the instances of emerging criminal phenomenon and of the crime of doing corruption in the earth.

Some of the Muslim orientalists and intelletuals hold the belief that the ShiÝa, to defend the legitimacy of the government run by Imam Ali (peace be upon him), in spite of the existing overt protest and opposition against the then government and the process of electing someone as a successor, has had no basis for the legitimacy of the government of their Imam and think it suffice to cite the Imam’s dependence on the Messenger of God. Such a misgiving brought about this question that “What evidence has the ShiÝi people presented to prove the legitimacy of the government run by the Commander of the faithful, Ali (peace be upon him)?” To answer the above question, the present research, having criticized this theory, has deduced the evidence for the legitimacy of Imam Ali’s government on the basis of the political ideas and actions of his companions. The findings of the research show that Imam Ali’s companions have proceeded to defend Imam Ali’s right to the government by recourse to the theological beliefs diffused among the Muslims and explained by the Holy Prophet and have taken measures to establish the legitimacy of the government of their Imam drawing upon such expressions as the ‘Imam whose obedience is obligatory’, the ‘successor of the Messenger of God’, ‘knowing, Immaculate, and ‘divinely appointed Imam’.

One of the elements and components of a security-related theory is the levels of security in different aspects. No researches are reported to have studied levels of security, especially in its political aspect. Thus this research work seeks to explain levels of political security and its threats in the Islamic security system from the viewpoint of the Qur’ān and tradition, hadith. To achieve this aim, the Qur’anic statements together with prophetic statements concerning levels of political security and its threats have been inferred drawing upon the analytical-inferential method. The findings of this article show that there are statements in the Qur’ān and Islamic traditions that, on the one hand, signify five levels of political security in the Islamic security system: individual or personal, social, national, regional and international and on the other hand show that each of the mentioned planes may be existentially threatened by other levels.

Human society throughout history has faced numerous calamities such as wars, natural disasters, and contagious diseases which have left behind lots of victims. Good or bad functions of the states in managing these events have played a decisive role in increasing or decreasing the number of victims, so it seems necessary to establish the duties of the Islamic state toward these events. Although in some researches mentions have been made to the duties of the states in this regard, this article seeks to establish the primary rule of the states’ duties toward the contagious diseases drawing upon the proofs of fiqh. Furthermore, apart from the government proofs of the guardianship of Muslim jurisconsult, the article tries to establish the states’ duties, drawing inspiration from the proofs of the necessity of prevention of constraint, the acquisition of its preliminaries, necessary measures as well as the necessity of taking care of the Muslims’ affairs. The result of the research reveals that, according to the primary rule, when the society is threatened by a contagious disease, it is incumbent upon the Islamic state to do whatever it can, to take necessary measures to prevent the spread of the disease in the society – no matter what it does may result in denying individuals’ freedom, business closure, closure of gatherings and religious ceremonies –, in order to resolve the economic problems caused by the spread of the disease and in line with the mentioned effective measures to fight disruptions.

In the event of natural calamities and other accidents, some members of volunteer rescuers may suffer from serious physical harms or they even may lose their lives. Since, in certain cases, the harmed volunteer forces or their avenger of blood refer to a judicial court to ask for the payment of damage or blood money about which there is no insurance coverage or explicit regulations and this has become a matter of question and doubt for judges and lawyers. Hence, the question which this research work seek to answer is that what institution is responsible for the payment of damage or blood money to the volunteer forces or rescuers. The thesis of the present research is, given the jurisprudential principles and fundamentals and certain other laws and regulations, insurance companies, and in case of nonexistence of any insurance coverage, the Islamic government can be made responsible at the discretion of a Muslim guardian jurisconsult or when supreme interests demand to pay for blood money or for the damage inflicted on these people. From among the conclusions reached in this research is that the existing laws, in emergencies, have not anticipated the damages inflcted on the people’s volunteer forces. However, considering the conluding phrases of the article 516 of the Islamic penal code ratified in 1392 and of other laws and bylaws, one can hold the offices and organizations which announce the call for providing relief responsible, and with no favourable circumstances, the public treasury is considered responsible for the payment of the damage or blood money.