نشریه فقه و سیاست
سال دوم شماره 2 (پیاپی 4، پاییز و زمستان 1400)

Deliberate legislative silence in cases where a Sharia ruling exists occurs when a religious ruling necessitates the enactment of a law based on it, but the legislator remains silent due to certain factors. Today, such silence in legislative system of Iran faces several jurisprudential issues: it lacks a clear supporting theory; in cases where deliberate legislative silence imposes an obligation on judges, it lacks the element of wilayah (authority), or at the very least, its existence is highly ambiguous; the standard fatwa is not applied in cases of deliberate legislative silence; it is not subject to the oversight of the Guardian Council and the Expediency Council, which oversee the enactment of laws; and in judicial unification rulings that resolve discrepancies in judicial opinions based on differences in fatwas, the jurisprudential considerations of deliberate legislative silence are ambiguous. A detailed examination of these issues, alongside the potential enhancement of the functions of deliberate legislative silence, transforms it into a significant issue—one that paves the way for the formulation of a comprehensive theory on this subject. This article, employing a jurisprudential approach and examining the current status of deliberate legislative silence in the Iranian legal system, undertakes this task. The innovation of this study lies in its investigation of the jurisprudential challenges of deliberate legislative silence within the existing legislative framework of the Islamic Republic, transforming it into a researchable issue that sets the stage for the development of a comprehensive theory on the matter.

This study aims to understand the perspectives of Feyz Kashani and Moqaddas Ardebili on governance by utilizing the theoretical model of End-Goal and Legitimacy and employing an interpretative method. Regarding the purpose of governance, Feyz Kashani believed in preserving the essential social order of human beings, ensuring people's livelihood, and aligning secular politics with religious governance. In contrast, Moqaddas Ardebili had no religious, political, or social expectations from governments. Regarding the identity of the ruler, Feyz Kashani, considering the necessity of maintaining order and unity among Muslims, promoting religion, and upholding divine symbols (the functional role of governance), recognized the legitimacy of the Safavid government. Conversely, Moqaddas Ardebili believed that no government holds legitimacy during the occultation period, considering all monarchs to be inherently oppressive and tyrannical. Regarding the limitations on the exercise of power, Feyz Kashani emphasized customary practices aligned with religious law, defining specific duties for Safavid rulers, and active engagement in governance. In contrast, Moqaddas Ardebili proposed two principles—consultation (shura) and enjoining good and forbidding evil (amr bi al-ma'ruf wa nahy 'an al-munkar)—as well as setting specific governmental duties (pursuit of justice and eliminating oppression) as constraints on any ruling authority. Regarding the right to oppose governance, Feyz Kashani opposed any reformist or radical actions by the people against rulers, advocating for obedience to monarchs. In contrast, Moqaddas Ardebili encouraged passive resistance against the Safavid government due to its oppressive nature. However, he also stated that even affection for a non-Muslim ruler is permissible if it serves the interests of protecting and promoting Islam (Shi'a teachings) and safeguarding Muslims.

Jihad Tabyeen is one of the fundamental concepts in Islam that emphasizes the necessity of enlightenment and presenting the truth in the face of distortions, doubts, and ignorance. This jihad is a duty defined to protect the religious and cultural identity of the Islamic society and to strengthen its intellectual foundations. This article analyzes the principles and methods of Jihad Tabyeen by focusing on Nahj al-Balagha as one of the rich Islamic sources. A study of Nahj al-Balagha reveals that Imam Ali (a) utilized various methods such as logical reasoning, clarifying the truth through sermons and letters, and advising on piety and Islamic ethics to enlighten society. These methods include encouraging reflection and contemplation, countering intellectual and social deviations, and calling for truth and justice. The research findings indicate that Jihad Tabyeen in Islamic society requires an accurate understanding of contemporary issues, the use of modern communication tools, and an emphasis on moral and spiritual teachings. Additionally, following the methods of Imam Ali (a) in Nahj al-Balagha can serve as an effective model for achieving this goal. The most significant research findings highlight that Nahj al-Balagha provides practical approaches for Jihad Tabyeen, such as recognizing and introducing the enemy to the people, enjoining good and forbidding evil through speech, and practicing constructive criticism. The present study has been conducted using a descriptive-analytical method, with a focus on extracting the methods of Jihad Tabyeen based on Nahj al-Balagha.

This study employs a mixed-methods approach, combining "contrasting concept analysis" and "thematic analysis," to extract the implications of monotheistic governance from Surah Yusuf. The data were obtained through open and axial coding of the verses and were organized into a four-dimensional matrix (primary concept, contrasting concept, type of concept, central category). The findings indicate that governance in this Surah encompasses theological, ethical, jurisprudential, and experiential dimensions, following a comprehensive religious model that integrates beliefs, ethics, and jurisprudence. A macro-level analysis of the findings reveals that the governance implications in this Surah are structured within a three-layered framework: Ontological (Theological) Layer – Defines the legitimacy of governance within the framework of monotheism and the rejection of tyranny. Normative (EthicalJurisprudential) Layer – Combines moral virtue ethics with a divine legal system, preventing governance from being reduced to mere formal rules. Strategic (Experiential-Rational) Layer – Demonstrates the application of instrumental rationality within the framework of valuebased rationality. This model defines governance as a "dynamic governance system," wherein value stability (rooted in monotheism) coexists with strategic adaptability. The study concludes that Surah Yusuf is not merely a historical narrative but a repository of principles and foundations of monotheistic governance. It serves as a critical discourse that challenges Western governance theories.

The foreign policy of the Islamic Republic of Iran in supporting the Resistance Axis has always been the target of attacks from internal and external adversaries. The foundations and principles of Iran’s foreign policy are derived from Islamic jurisprudential rules, among which the Nafy Sabil (Denial of Domination) principle is a key element. The content and implications of this principle, as discussed in the article, along with the statements of the Supreme Leader as the Wali Faqih and Islamic ruler, confirm that Iran's presence and comprehensive support for the Resistance Axis are not merely driven by emotions but rather constitute a religious duty. Numerous references made by the Supreme Leader, both directly and indirectly, to the Nafy Sabil principle in the context of supporting the Resistance Axis and combating the forces of disbelief and polytheism highlight its significance. Addressing these references is essential to dispel any doubts regarding Iran’s chosen path in supporting the Resistance Axis. It is evident that Iran's foreign policy must continuously clarify its foundational principles to prevent skepticism among its domestic audience and to ensure steadfast support for the directives of the Wali Faqih. This study employs a descriptive-analytical approach, utilizing a comparative research method and a theoretical framework to analyze the data.

Achieving spontaneous order is one of the key components of social governance and a crucial factor in the growth and development of societies. Over the past centuries, as societies have transitioned from traditional structures to systematic governance, attaining stable order has become increasingly important. Consequently, sociologists have proposed various theories on this issue. Examining and analyzing the functional role of religion in social systems and its impact on maintaining social equilibrium and order is a fundamental challenge in the sociology of religion. One of the key questions in this field is how individual acts of worship—one of the practical aspects of religion—function to prevent disorder in society. This study explores the role of individual devotional practices in fostering spontaneous social order across three dimensions: behavioral, cognitive, and emotional. Using a descriptive-analytical approach, it examines the relationship between individual acts of worship and their impact on behavior, cognition, and emotions. The findings indicate that individual devotional practices contribute to behavioral refinement, emotional regulation, and the strengthening of cognitive foundations, thereby directly reducing societal disorder. By improving individuals’ behavior, emotions, and knowledge, the foundations of spontaneous social order are established, leading to a self-sustaining state of order in society.