نشریه فقه و سیاست
سال دوم شماره 1 (پیاپی 3، بهار و تابستان 1400)

The theories of social justice are usually presented based on criticism and dissatisfaction with the current state of society and in order to provide a model for fixing the problems of the current state and fulfilling the desired and just order. The reason and necessity of such theories has been faced with serious opposition in the liberal intellectual tradition, and it is also denied by some among the Islamic currents from another angle and due to the richness of Sharia law. In the present paper, while explaining the meaning of the "theory of social justice" and its aspects and reviewing the critical challenges about it, it is tried to show what contribution political Fiqh can have in theorizing social justice. Therefore, the paper aims to examine the contribution and direct influence of political Fiqh (Islamic jurisprudence) in the theoretical formulation of political justice and explain how this knowledge plays a role in the process of establishing political justice. It also explains the indirect effect and function of political Fiqh in other areas of theorizing justice since the political structure of the society is the only structure that has an influence on other macrostructures of collective life, and the modernity, capability and dynamism of political Fiqh can in this way be effective on the fairness and optimization of other areas of social justice - along with political justice.

Fiqh (Islamic jurisprudence) by relying on religious texts and reason, and deriving Shariah rulings from them, is in the place of defining and creating a believing society. Among other things, fiqh by counting the threatening factors of this society in the social arena, while condemning the threatening factors and imposing worldly and hereafter punishments on them, infers and presents mechanisms and methods to prevent or deal with these threats. Social security, which is considered under national security in the broad interpretation of security, is based on the protection of the values governing the society and its religious identity against the attack against it. These values determine the objectives of social life and direct people's actions towards them. With regard to the issue of social security (as one of the aspects of the Islamic state's security) and the mission of fiqh, the question arises as to how and from what source or sources the religious society is vulnerable. Moreover, what are the security protection mechanisms of this society? In explaining the problem, social security has been examined based on the three levels of "security of what, against what, and with what tools and mechanisms". In addition to explaining social security, jurisprudential propositions regarding the sources and factors of threats to social security (such as oppression, discrimination, warfare, and oppressive government), as well as the ways and mechanisms to deal with them such as Hudud (punishments that under Islamic law are mandated and fixed by God as per Islam) and Ta'azirat (punishments for offenses at the discretion of the judge or ruler of the state), commanding the good and forbidding the bad, hijab, cooperation, the rules of Dar', family, Hesba (public duties) institution, Qada institution, etc. have been extracted and examined. The finding of the present study is to reveal the capability of fiqh in explaining the sources of social security risk and the mechanisms of its protection in the framework of the believing society considered by fiqh.

Thematic range is one of the important components of the scientific philosophy of political Fiqh (Islamic Jurisprudence), which illustrates the breadth and depth of the presence of religion and Sharia in political and social life. There are different views about political Fiqh. In this paper, one of the assumptions is the appropriateness of the thematic range with the perception and approach to political Fiqh, which is examined in the three aspects of the Fiqh of rulings, Fiqh of systems, and guardianship Fiqh of social evolution, and the thematic range of political Fiqh is detailed and examined in the selected approach (the approach of the guardianship of social evolution) in terms of general knowledge, in terms of the definition of political Fiqh and concepts of guardianship, the evolution of social wills, in terms of the issues of the combined expression of political Fiqh, in terms of the main social issues and in terms of the areas of guardianship. In this recent and influential field, the thematic range of political Fiqh has been mentioned in the fields of individual, society, government, civilization, and history.

The present study aims to examine the accelerating factors of the production of theory in government Fiqh in the age and time of Islamic Revolution of Iran, via a descriptive-analytical method. In this regard, by classifying the factors "inside the institution of science" including two epistemological and non-epistemological types, and the factors "outside the institution of science" including social, cultural, political, economic, international factors, and communication, we are seeking to achieve the conditions and factors of the evolutionary and growing process of government Fiqh as well as the evolution and development of government Fiqh in the contemporary era. From the point of view of this study, the main point of the government Fiqh in the arena of opinion is the acceptance of Shia political Fiqh and in the arena of practice, the increasing power of jurists in determining the political and social equations of the society. If, on the one hand, the Islamic government accepts the Islamic seminary as the center of Islamic theorizing in its main intellectual mechanism, and on the other hand, the seminary portrays the Islamic system as its child, the result of this two-way interaction will be the production of Fiqh as a prescriptive science for the acts of governance. Examination of the factors that develop government Fiqh in the conditions that arose in the era of the Islamic Revolution is an important issue that will be dealt with in this study.

Considering the role of the political system in political progress, the issue is what role and function does the political system and its structures have in political progress from the perspective of Islamic jurisprudence (Fiqh). The importance of the issue is due to the fact that the mission of Fiqh is to express the requirements and dos and don'ts of human behavior, while design and systematization is a dynamic matter and a method that is adapted to the evolution process of human society. The findings of the study suggest that Fiqh has a wide capacity in the design of structures and system building, and as the knowledge of discovering the rulings and methods of applying Islamic Sharia as the ideology of the system, it explains the position and mutual relations of the Islamic ruler and the people, and within the system, the structure of the power network is adjusted in a way which leads to the vertical plurality and horizontal distribution of power in the system, even with the presence of the internal unity and coherence of power. This doubles the role and function of the political system in political progress and leads to the efficiency of the government and institutions within the system in responding to the demands and output of political progress. Analytical and descriptive methods have been used to explain the problem.

The evaluation of the reaction of jurists in the constitutional period (of Iran) and the confrontation of jurists in the period of the Islamic Revolution with the political issue has led some authors to the conclusion that in the period of the Islamic Revolution, Fiqh theorizing is mainly based on authoritarianism. In this paper, the validity of this claim about three jurists of the Islamic Revolution period, Ayatollah Mohammad Momen Qomi, Ayatollah Mohammad Taqi Mesbah Yazdi and Ayatollah Seyyed Kazem Haeri, is examined via using the method of description and analysis. Based on the examination of authoritarianism, the point of view of the three jurists, due to having the foundation of "ultimateism" and the components of "allegiance", "no need for consultation" and "broad powers of the government" in illustrating a political jurisprudential theory, are among the thoughts justifying authoritarianism. The non-compliance of the fundamentals and components of authoritarianism with the viewpoint of the three jurists mentioned above is the achievement of this study