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  • 6/11/2013

Islamic Jurisprudence

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Islamic jurisprudence and the formation of Islamic government are among the most important precepts in Islam. It is prior to other Islamic precepts such as even praying and fasting.

Some, however, have likened Islamic jurisprudence to despotism because of the absolute authority Islam attaches to it. We intend to compare and contrast Islamic jurisprudence with despotism by providing responses to the following questions: 

1-  Is there a public supervision on Islamic jurisprudence?

2- Does Islamic jurisprudence have a lifelong authority?

3- Does the approach of Islamic jurisprudent in enacting and enforcing laws have personal interests?

4- Shall the Islamic jurisprudent practice consultation?

5- Do people have a role in introducing Islamic jurisprudent?

We have used all religious sources including the Holy Quran, traditions, rational and traditional sciences, and Islamic Constitutional Law in providing responses to the above questions.

The comparison between Islamic jurisprudent and despotism is a comparison of incommensurables. Some, however, have had such understanding to the extent that they have referred to Islamic jurisprudent or Vali-e Faqih as “the pious dictator”‌.[i] Therefore, according to them, the only difference between Islamic government and monarchy is this that an Islamic government is run by a just and religionist leader.


References:

· Javadi Amoli, Abdollah, Islamic Jurisprudence, 7th Edition, Asra Publications, 2008

· Khomeini, Ruhollah, Sahifeh Nour, Minister of Culture and Islamic Guidance, 1982

[i] Kadivar, Mohsen, Matin Research Bulletin, 1st Edition, Winter 1998, P. 27


Translated by: Sadroddin Musawi


Other links:

Liberal Democracy

Views of Hobbes and Machiavelli and Liberalism

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