نشریه حکومت اسلامی
سال چهاردهم شماره 2 (پیاپی 52، تابستان 1388)

The study of the relation between justice and development is one of the main and most complicated issues which has been given special attention in the area of philosophy of politics, philosophy of law and ethics or moral philosophy.In its review of the question of justice and development in a religious state, the article first discusses three important concepts; namely, justice, development and religious state. Therefore, after discussing the application of the concept of justice to the divine ontological and legislative acts, the author addresses and comments on the concept ofjustice as a axiological yardsick and on the defintion of justice which means giving whoever has right what he or she deserves. Then, he expounds on the relation between the social concept of justice and religious state - according to the Islamic viewpoint ofgovernment - and the responsibilities it is expected to have.

In a government, three types of councils are conceivable: a pregevernment council, a council coincident with the government formation, and a post-government council. The article focuses on the last type of these three. It is the type which is regarded by the Qur’anic texts (nosus) and Sunnah to be legal. In other words, it is a council to which a ruler can refer after the government headed by him is legally recognized, to get aid in the management of Muslims’ affairs. This type of council is concerned only with the questions about which God or the Prophet(s) has given no decision and made no mention.

The main purpose of divine religions is to ensure order and guide people towards the right path. Guardianship (wilāyah) and Imamate which is one of the most important principles after monotheism is intended for preserving heavenly faiths especially Islam which is the last faith. If ratioal evidence confirms the necessity of management and guardianship in Islam, it follows that it is possible to define the domain of the leader's jurisdiction. Imamate, which is one of true Islam's principles established by rational arguments, continued as it was entrusted to a just, trustworthy and wise learned jurist at the period of Imam's occultation. Thus, a learned jurist possesses the entire jurisdition of legislative guardianship which an Imam has. In accordance with the various prevailing political and historical conditions and emergent systematized needs, this form of jurisdiction has increasingly gained wider scope, become more elaborate and known in its various aspects since the time of the Infallible Imams up to the birth of the Islamic Revolution – up to the present time. We can detect this fact in hadith texts and the words and speeches of the eminent jurists. The jurisdiction as defined and objectified in the Islamic Revolution also represents a turning point in the course of its flourishment.

Security is an extremely important and developing term. It has, for long, been a subject of speculation in the politico-social life of all societies. The term security and its derivatives are mentioned in various occasions in the Qur’an and many Islamic sources. Ibu Nasr al-Fārābi and Khāwjah Nasir al-Din al-Tusi, two great Iranian thinkers and philosophers, have delved into this topic. Given the special significant status security has in Islamic thought and practice, the article explores the two thinker’s view concerning security and the mechanisms of ensuring it, and shows that there is homogeneity between their thoughts, stressing that their views are not abstract but normative in this regard. He also points out that some of their new and novel ideas correspond to current thinkers’ views.

In the life-style of the Prophet, war (the waging of armed conflict against the enemy) was the last solution and device used by the Prophet in certain critical occasions. The Prophet’s life-style bears evidence to the fact that he viewed humans as beings who have their own intrinsic human rights. He viewed his enemies mercifully asbeings of having the same rights as other innocent human beings. With such a philosophy, his conduct gave rise to a set of rules and regulations in the Islamic Law which is nowadays referred to as "humanitarian rules in wartime."The Prophet Muhammad treated the war victims, i.e. the wounded and prisoners of war kindly and protected their lives and properties in such a way that his war captives enjoyed rights outnumbered the rights mentioned in the 1949 Geneva conventions on prisoners ofwar. Applying coercive measures, treating the captives with cruelty, using special weapons, destroying residential areas, cutting down the trees, killing the animals and making any changes in the environment were prohibited by the Prophet.

Hofeld's classification of right into four kinds and his way of defining the relations between them have exerted a considerable influence on the discussions about the analysis of right and its legal status in the West. As a result, a new logic about right has taken form inthe West. Due to the special importance of this theory, a large number of people in the 20th century set to criticize or to modify it, such as Harte, Waldron, Lyons and Wellman, etc. After this thory had been translated into Persian, a number of Muslim philosophers including Ayatollah Jawādi Amuli engaged in critizing it. Also, some essays have been written in favour or against it by some learned people like Dr. Rāsikh, Dr. Nabawiyān and others. Having investigated the criticisms directed to this theory, the author concludes that, although some of the criticisms are unacceptable, the mentioned theory is subject to some weaknesses. Consequently, it is not reliable.

There is no method of controlling the power other than supervising those in authority. If we examine the supervisory system in Islam, we find that the supervisory mechanisms in Islam are more efficient than those of any other system. First, in addition to its emphasis on outer supervision, Islam lays special emphasis on inner supervision.Secondly, in Islam, supervisory mechanisms contribute to the increase of a ruler's popularity and, instead of the lifeless legal ruler-citizen relations the educational- emotional relations are observed, and legal standards are taken care of. Thirdly, they aim at accomplishing happiness in this world and the hereafter for both individual andsociety, because Islam's legal system is governed by the moral principles of Islam. Furthermore, supervising the government in Islam contribut to a full excutive guarantee.