نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
The present study aims to examine the feasibility of establishing an Islamic state based on the theory of restricted guardianship of the jurisprudent (wilayat muqayyada faqih). The research method is descriptive-analytical and seeks to address the question of the legal ruling regarding the establishment of an Islamic state during the occultation of the Infallible Imam, according to the view of restricted guardianship of the jurisprudent. Proponents of this theory hold two distinct perspectives regarding the formation of an Islamic state: one group advocates for the prohibition of establishing an Islamic state. This view is based on principles such as the absence of guardianship, the necessity of confining to the certain (qat‘ī), the requirement for an infallible Islamic ruler, and the lack of valid evidence. However, the principles of absence of guardianship and the necessity of confining to the certain pertain to the claim of guardianship and do not encompass the necessity of government or the principle of guardianship. The requirement of infallibility also pertains to the ideal state of an Islamic government. The lack of knowledge is addressed through the institution of consultation (shura). The lack of valid evidence, which supports this perspective, is also subject to critique since there are numerous valid rational and transmitted arguments in favor of the permissibility of forming a government. The acceptance of a secular government under duress is the ultimate outcome of this view, which itself is a form of Islamic governance. In such a state, religion does not result in the creation of majorities and minorities or first- and second-class citizens. This government, in all aspects of governance, resembles a secular state where Sharia is not the criterion for the validity of policies, laws, or actions. Therefore, the view of impossibility leads to the permissibility of establishment, contrary to the claims of those who argue for impossibility. The second view supports the legal possibility of forming an Islamic state. This perspective is based on the comprehensiveness, eternality, and universality of Islam, the principle of negating domination (nifī al-sabīl), the necessity of implementing religion, and the preservation of the Islamic community's integrity. The outcome of this view is the formation of an active state in domestic, international, cultural, and economic affairs. In the social structure and the relationship between citizens and the government, the concept of religious minority becomes relevant, and religion creates first- and second-class citizens. Legislation and policymaking must align with Sharia, and the primary criterion for the validity of programs and laws is Islamic Sharia, as reflected in Islamic jurisprudence. In a state based on the restricted guardianship of the jurisprudent, the legal framework imposes significant limitations on the government, distinguishing it in effectiveness from a government based on the theory of absolute guardianship of the jurisprudent (wilayat mutlaqah faqih).
کلیدواژهها English
