نشریه حکومت اسلامی
سال پانزدهم شماره 2 (پیاپی 56، تابستان 1389)

Man's intellect commands that governing a society requires certain conditions, without which it is not possible for one to become a guardianfor the nation. The importance of such conditions is more heavily emphasised by the Islamic government, for the Islamic government seeks to accomplish broader and higher aims. The person who is entrusted to be a guardian for the nation must have the ability to guide people towards prosperity in this world and the hereafter. The mentioned conditions are referred to as the general conditions of a guardian jurist and they are approved by intellect (aql) and transmitted traditions (naql), and such harmonious uniformity and agreement between the intellect and the Law (shar‘) indicates that there is consensus of opinion among the wise and religious people. The first part of this article expounds five of these conditions; Islam, shiism, Ijtihād (independent judgement), being most knowledgeable about government management and justice. Obviously, having a non-Muslim's guardian for Muslims makes for the deviation of people from Islamic principles and precepts, which contradicts the principal purpose. For the same reason, it is assumed that other than a Shi‘ah guardian is not suitable for heading a Shi‘ah society. The aim of Ijtihād (independent judgement) and being most knowledgeable about government management and justice is to achieve such things like mangement of social affairs and governmental affairs as properly as possible and directing domestic and foreign policy as well as diplomatic relations, etc. Also, justice ensures government trusteeship.

This article discusses the question of security by referring to evidence cited from the narrations of the Infallibles (masumeen) and examines it from religious, individual, social, political, military, economic, legal and judicial viewpoints. The author addresses the view of Islamic accounts (riwāyāt) concerning the changeable and complex meaning of securityand the role of faith (imān) and religious security as the basis and origin of all aspects of security, making clear that there exist close relation and profound balance among these aspects. Lack of security in any field has its roots in unbelief in God and in such attributes as polytheism, disbelief, injustice, tyrany, …etc which run counter to faith, whereas a faithful person and the attributes which the faithful enjoy are the main source ofpeaceful actions. Therefore, according to the narrations, the most important means ofensuriug security is preparing a good ground for an agreeable sound spiritual life where it is possible for individuals to refine their individual and social conduct and thus rejecting evil and sinful life.

As an important branch of fiqh, political fiqh is indebted to the specialized character of fiqh and the special attention given to political issues and fiqhi management of Islamic system. Therefore, having knowledge of the identity of today's political fiqh is important and the acquaintance with its various aspects in the view of religious authoritiesand with the supreme leader's views has special significance. The views of the supreme leader of the Islamic Revolution, Ayatollāh Khāmenie emphasizes on a maximal attitude towards fiqh, on positive perception of politics and positive interaction between fiqh and politics – as opposed to the individualistic attitudes – and on the non- governmental fiqh which focuses on community, a view which corresponds with that adopted by Imām Khomeini.Contrary to the paradigm and framework set for individualistic fiqh which has a narrow scope, and which lays emphasis on the individuals’ affairs, Ayatollāh Khamenie introduces new models in which things like the inference of fiqhi precepts in line with the manner of the adminstration of society and government, considering personal affairs as part of an overall framework for individual and society administration, considering fiqh as a framework including all social aspects and social system – play a key role.

The nature of the right to privacy and its foundation is one of the most important issues related to human rights. Today the right to privacy represents a fundmental and ethical principle that is of special significance. This right is internationally recognized – as is confirmed by such documents like the Universal Delaration of Human Rights, theDeclaration of Islamic Human Rights (Cairo), and the Treaty of Civil and Political Rights. Although this term has not been mentioned when the statute law of the Islamic Republic of Iran was laid down, the legislator has defined its domain while demonestrating its application. The importance of this issue is increasing nowadays and it has attracted theattention of all countries. The ambiguities in its meaning, base, domain and applicationnecessitate giving special attention to the theoretical discussion of this issue.Having investigated this subject and its theoretical bases, this article points out to its relationship with one of the most important social notions in Islam, i.e. "enjoining good and forbidding evil".

The late Ākhund, Mullā Muhammad Kāzim Khurāsāni, believes that only a faqih (Moslem jurist) has a legal right to decide in as far as the public domain is concerned – which is referred to as the guardianship of the faqihs who enjoy all the requirements, and so long as there is a faqih no one has the right to run the affairs independently. The commendation which Ākhund has written in the treatise "Tanbihal-Ummah wa Tanzihal-Millah" confirms his acceptance of the idea that faqihs hold the position of general deputy (niāba al-āmmah) of the Imam of the Age because the idea of the position of general deputy and political sovereignty of faqih is discussed in various places in the treatise and accepted as something definite which is open to no doubt. A number of writers, however, referring to some documents and reports, claim that Ākhund Khurāsāni denies the idea of political sovereignty of faqihs and considers that the legitimacy of government and non-litigious affairs depend on people's consent. However, it is found that the mentioned reports and documents are not reliable and cannot be used as a solid proof to confirm what they claim.

In the modern age which witnessed the prevalence of modern political ideas, a revolution took place whose leader's theoretical and behavioral principles do not correspond to the modern ideas. In a period when modern political ideas were in discord with religion and when postmodern thoughts founded on eliminating all kinds of religious beliefs were developing, Imām Khomeini led a revolution which was intrinsically fused with faithboth in sensation and in slogan. The question that arises here is: what techniques did Imām Khomeini use when he led a religious revolution? Among the main techniques used in Imam Khomeini's political movement are: Imām Khomeini's firm attitude to defend the idea of pure discourse on religious politics by revealing the colonial currents which disseminate the idea of separating religion from politics [secularism], introducing anIslamic model in a purposeful system in the area of politics and disseminating morality in religious politics. He also made use of religious expressions in political stances, religious discourse in political provocation, constant reference to the conduct of the Infallible Imāms and the history of early Islamic era, refraining from using equivocal terms when he dealt with political matters, and gave special attention to simple and straightforwardpolitical discourse and the principle of commemoration in keeping historical events alive in people's memories.

Excuting the precepts connected to government has been the responsibility of faqihs who enjoy the requirements since Shiah fiqh was first formulated. Although there is a consensus on this issue, two main principles can be noticed regarding the way faqihs view this issue: the principle of "running a government" on the basis of non-litigious affairs, and the principle of "guardianship of government". During the occultation period – i.e. absence of Imam – the faqih's establishing of Islamic government can be explained in terms of one of the two stated principles. Those who advocate the principle of "guardianship of government" say that faqihs are appointed by the Infallible Imāms to govern the society and they offer evidence to prove the guardianship of faqih during his responsibility as a political leader. As for those who advocate the principle of "running a government", they hold that the faqih has no guardianship and his responsibility is only running non-litigious affairs.