ISLAMIC POLITICAL THEORY (LEGISLATION) VOLUME 1

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First Pages a1
PREFACE 15
INTRODUCTION 17
SESSION 1 21
THE MOST IMPORTANT QUESTIONS IN THE REALM OF ISLAMIC POLICY 0
INTRODUCTION 0
ISLAM AND POLITICAL THEORIZING 22
ISLAMIC POLITICAL THEORY BEING “FOUNDED” BY ISLAM 24
THE NATURE AND ESSENTIALS OF ISLAMIC GOVERNMENT 25
THE FORM OF ISLAMIC GOVERNMENT AND THE SCOPE OF PREROGATIVES AND DUTIES 26
THE ROLE OF PEOPLE IN ISLAMIC GOVERNMENT AND SOME OTHER QUESTIONS 27
METHODOLOGY OF DISCUSSING ISLAMIC POLITICAL THEORY 0
IMPORTANCE AND EXIGENCY OF DISCUSSING ISLAMIC POLITICAL THEORY 0
HOW THE EAST AND THE WEST CONFRONT THE ISLAMIC REVOLUTION 0
SESSION 2 31
IMPORTANCE AND EXIGENCY OF DISCUSSING ISLAMIC POLITICAL THEORY 0
HOW THE EAST AND THE WEST CONFRONT THE ISLAMIC REVOLUTION 0
THE YOUTH AND THE LONG-TERM CULTURAL PLOT 32
THE TRIPLE AXIS OF THE CULTURAL PLOT 33
1. Promotion of the notion of separation of religion and politics 34
2. Denial of wilāyah al-faqīh 0
3. Concern about the form of wilāyah al-faqīh 35
OUR RESPONSIBILITY VIS-À-VIS THE TRIPLE AXIS OF THE ENEMY’S PLOT 36
THE NEED TO CHOOSE SUITABLE METHODS TO FOIL THE ENEMY’S PLOT 37
THE DEFINITION AND JURISDICTION OF RELIGION 38
THE NEED TO KNOW RELIGION THROUGH ITS SOURCES 40
SESSION 3 43
STATION OF POLITICS IN RELIGION (PART 1) 0
DEFINITION OF POLITICS AND THE THREE POWERS IN ISLAM 0
JUDICIAL LAWS IN THE QUR’AN 45
UNIVERSALITY OF ISLAM AND STATION OF ISLAMIC RULER 47
SESSION 4 51
STATION OF POLITICS IN RELIGION (PART 2) 0
SEPARATION OF RELIGION AND POLITICS AN EXTRA-RELIGIOUS OUTLOOK 0
CLOSE-KNIT CONNECTION BETWEEN THIS WORLD AND THE HEREAFTER 53
IDEOLOGICAL BAPTISM OF ACTIONS IN THIS WORLD 55
RADIANT CAPABILITY OF INTELLECT IN DISCERNING VALUE OF ACTIONS 56
JURISDICTION OF RELIGION 0
RELATIONSHIP BETWEEN RELIGION AND GOVERNMENT 57
UNIVERSALITY OF RELIGION 59
SESSION 5 61
FREEDOM IN ISLAM (PART 1) 0
PRIVATE REALMS OF KNOWLEDGE AND RELIGION 0
SKEPTICISM ON ALLEGED CONTRADICTION BETWEEN RELIGIOUS RULE AND FREEDOM 0
PROPAGATING THE ABOVE SKEPTICISM THROUGH A RELIGIOUS TUNE 62
REPLYING TO THE ABOVE SKEPTICISM 63
REASON BEHIND THE UNIQUENESS OF THE QUR’ANIC APPROACH 64
PROPAGATING THE SKEPTICISM THROUGH AN EXTRA-RELIGIOUS APPROACH 68
HUME’S SKEPTICISM AND THE FIRST REPLY TO THE ABOVE SKEPTICISM 0
SECOND REPLY—ABSOLUTENESS AND LIMITLESSNESS OF FREEDOM 69
SKEPTICISM ON ALLEGED CONTRADICTION BETWEEN GOVERNMENT AUTHORITY AND MAN’S DIVINE VICEGERENCY [KHILĀFAH] 70
REPLY TO THE ABOVE SKEPTICISM 0
SESSION 6 73
FREEDOM IN ISLAM (PART 2) 0
EXPRESSING SKEPTICISM ON THE FOUNDATION OF HISTORICAL DEVELOPMENT OF MAN 0
REPLY TO THE ABOVE SKEPTICISM 74
EXPRESSING THE ABOVE SKEPTICISM THROUGH A DIFFERENT APPROACH 76
REPLY TO THE ABOVE SKEPTICISM 0
DISOBEDIENCE TO GOD IN THE PAST 77
FOLLOWING GOD AND FREEDOM 80
SESSION 7 83
FREEDOM: ITS LIMITS AND BOUNDARIES 0
ISLAMIC POLITICAL THEORY AND SKEPTICISM ON ALLEGED RESTRICTION OF FREEDOM 0
DIFFERENT OUTLOOK ON CONCEPT OF FREEDOM 84
FREEDOM AS NOT ABSOLUTE AND REJECTION OF FREEDOM’S PREDOMINANCE OVER RELIGION 85
NEED TO OBSERVE THE VALUES AND SANCTITIES OF EVERY SOCIETY 87
ILLEGITIMATE MOTIVES IN EXERCISING FREEDOM 88
LIMITS OF FREEDOM OF EXPRESSION 89
NEED TO EXPLAIN CONCEPT AND MANIFESTATION OF TERMS 0
SESSION 8 91
AN ELUCIDATION OF THE STRUCTURE AND FORM OF GOVERNMENT 0
STATUS OF ELEMENTAL AND EVIDENTIAL DEFINITION 0
ISLAM AND THEORY OF SEPARATION OF POWERS 92
1. Legislative power 0
2. Judicial power 93
3. Executive power 0
SKEPTICISM ON ALLEGED IMPOTENCE OF ISLAM IN SOCIAL ADMINISTRATION 94
TYPES OF LAWS AND NECESSITY OF ENACTING VARIABLE LAWS 95
1. The constitution 0
2. Laws ratified by parliament 0
3. Laws ratified by cabinet 96
MEANING OF ISLAMIC NATURE OF LAWS 0
PROCESS OF LEGISLATION IN THE ISLAMIC GOVERNMENT 98
LEGAL STATUS DELEGATED IN THE ISLAMIC GOVERNMENT 99
SESSION 9 103
AN EXAMINATION OF THE STATUS OF LAWS IN THE RELIGIOUS SYSTEM 0
PRINCIPLES OF ISLAMIC POLITICAL THEORY 0
1. Law 0
STATUS OF NATURAL LAWS AND STATUTORY LAWS 104
2. Laws possessing divine and religious source 106
NEED TO ACKNOWLEDGE ESSENTIALS OF RELIGION 107
ISLAM’S FIXED PRINCIPLES AND PRECEPTS 108
FIXED ESSENTIAL LAWS AND DECISIVE CONCEPTS OF THE QUR’AN 110
REMOVING SKEPTICISM ON THE EXISTENCE OF CONTRADICTORY INTERPRETATIONS OF ISLAM 111
QUESTIONING ISLAM’S CAPABILITY OF MEETING ALL HUMAN NEEDS 112
1. Examining the theoretical dimension of questions 0
2. Examining the practical dimension of questions 113
SESSION 10 115
LAW AND THE DIFFERENCE IN OUTLOOK AND ORIGIN 0
EXIGENCY OF DISCUSSING LAW AT THE PRESENT STAGE 0
TWO CONTRADICTORY VIEWS DETERMINING DOMAIN OF LAWS 116
STATUS OF LAW IN DEMOCRATIC SYSTEMS 0
BASIS OF CREDIBILITY OF HUMAN RIGHTS 117
REAL, INTRINSIC LAWS AND STATUS OF MAN’S FREEWILL 118
LEGISLATIVE AND DIVINE LAWS THAT GUARANTEE MAN’S FELICITY AND PERFECTION 120
DIFFERENCE BETWEEN LEGAL AND MORAL LAWS 123
DIFFERENCE BETWEEN ISLAMIC AND LIBERAL APPROACH 124
SESSION 11 127
CRITERION OF CREDIBILITY OF LAW 0
EXIGENCY OF DELVING INTO MAJOR POLITICAL ISSUES 0
SCOPE AND CRITERION OF CREDIBILITY OF LAW 128
1. Justice theory 129
2. Providing for social needs 0
3. Will of the people 130
OBJECTION TO THE FIRST VIEW 131
SUPERIORITY OF ISLAMIC LAWS 0
INAPPLICABILITY OF THE SECOND VIEW 132
DEFECTS OF THE THIRD VIEW AND EXTENT OF NEEDS ACCORDING TO ISLAM 133
THE ISLAMIC REVOLUTION AND SUPERIOR STATION OF SPIRITUAL INTERESTS 135
THE DIFFERENT VIEWS OF ISLAM AND THE WEST ON VALUES 137
THE BEST LAW ACCORDING TO ISLAM AND THE DANGER OF ECLECTICISM 0
INTELLECTUAL ECLECTICISM IN REALM OF RELIGIOUS THOUGHT 138
CONCEPT OF RELIGIOUS PLURALISM 140
MAGNIFICENCE OF SERVITUDE TO GOD AND ITS CONFLICT WITH ABSOLUTE FREEDOM 142
THE WEST AND ELIMINATION OF ALLEGED CONTRADICTION BETWEEN SCIENCE AND RELIGION 144
STATION OF PEOPLE’S WILL IN LIBERALISM AND ISLAM 145
DEMOCRACY AND LEGISLATIVE AUTHORITY IN ISLAM AND THE WEST 146
AN ADMONITION TO THE YOUTH 149
SESSION 13 151
FUNDAMENTAL DIFFERENCE IN THE APPROACH TO LAW BETWEEN ISLAM AND THE WEST 0
RELATIONSHIP BETWEEN LAW AND INDIVIDUAL FREEDOM 0
LAW IN THE HUMANIST AND LIBERAL APPROACH 152
THE ONSLAUGHT OF WESTERN CULTURE AND ITS CONFRONTATION WITH ISLAMIC CULTURE 153
THE CLERGY AND STRUCTURAL FRAMEWORK OF ISLAMIC CULTURE 154
NATURE OF LAW AND ITS SPECIAL FUNCTION IN ISLAM AND LIBERALISM 155
RELATIVITY OF LEGITIMATE FREEDOM 157
TENSION BETWEEN ISLAM AND LIBERALISM 0
LEGISLATION IN ISLAM AND DEMOCRACY 159
THE BINDING LAW IN THE ISLAMIC GOVERNMENT 160
SESSION 14 163
THE WEST’S MATERIALISTIC APPROACH TO LAW 0
A REVIEW OF THE PREVIOUS DISCUSSIONS 0
NATURAL LAW SCHOOL 164
SCOPE OF HUMAN RIGHTS IN THE WEST 165
EMERGENCE OF CONTRADICTIONS ON SCOPE OF FREEDOM 166
SCOPE OF FREEDOM IN HUMAN RIGHTS 167
PROBLEMS OF CATEGORIZING FREEDOM IN THE WEST 168
ISLAMIC LAW’S CONCERN FOR SPIRITUAL AND MATERIAL INTERESTS 169
PREEMINENCE OF SPIRITUAL AND RELIGIOUS INTERESTS OVER MATERIAL INTERESTS 171
DIFFERENCE BETWEEN CONDITIONS AND SCOPE OF FREEDOM IN ISLAM AND LIBERALISM 172
SESSION 15 175
THE ISLAMIC GOVERNMENT, CHALLENGES AND CULTURAL PLOTS 0
A REVIEW OF THE PREVIOUS DISCUSSIONS 0
THE CLERGY AND ITS CRUCIAL DUTY OF GUIDANCE 0
PROMOTION OF DESTRUCTIVE WESTERN FREEDOM IN THE NATIONAL PRESS 177
“ISLAMIC PROTESTANTISM” AS A CONSPIRACY AGAINST ISLAM 179
REAL MEANING OF NATURAL RIGHT 180
TRADITIONAL INTERPRETATION AS THE ONLY AUTHENTIC INTERPRETATION OF ISLAM 181
LEGITIMATE FREEDOM 183
RELIGION AND LAW AS RESTRAINERS OF FREEDOM 184
NECESSITY OF RESTRAINING FREEDOM 186
SESSION 16 189
DIFFERENCE BETWEEN DIVINE AND ATHEISTIC CULTURE IN THE REALM OF LAW AND FREEDOM 0
ROLE OF CHOICE, AWARENESS AND OBSERVANCE OF LAW IN ATTAINING THE GOAL 0
DIFFERENCE BETWEEN MORAL AND LEGAL LAWS 190
DIVINE AND ATHEISTIC CULTURES AND THEIR DIFFERENT PERSPECTIVES ON LAW 192
THREE PILLARS OF WESTERN CULTURE 0
FUNDAMENTAL CONFLICT BETWEEN WESTERN AND ISLAMIC CULTURE 194
DIFFERENCE IN APPROACH BETWEEN ISLAM AND THE WEST ON DETERMINING SCOPE OF FREEDOM 197
SESSION 17 201
RELATIONSHIP BETWEEN RELIGIOUS LEGISLATIVE LORDSHIP [RUBŪBIYYAT-E TASHRĪ‘Ī], AND SOVEREIGNTY AND LEGISLATION 0
NECESSITY OF DETERMINING THEMATIC PRINCIPLES 0
DIVINE SOVEREIGNTY AND LEGISLATIVE LORDSHIP 203
MEANING OF PURE MONOTHEISM 205
RIGHTEOUS REFERENCE AUTHORITIES OF LEGISLATION AND SOVEREIGNTY IN ISLAM 206
REASONS BEHIND GOD’S LEGISLATIVE MONOPOLY 210
SESSION 18 215
REQUISITES OF LEGISLATION AND ITS STATION IN ISLAM 0
LEGISLATOR’S QUALIFICATIONS AS EXCLUSIVE TO GOD 0
OBJECTION ON THE NECESSITY OF LEGAL AUTHORITIES’ PLURALITY 216
REPLY TO THE FIRST OBJECTION 217
SECOND OBJECTION: ABSENCE OF GOD’S WILL IN LEGISLATION 218
REPLY TO THE SECOND OBJECTION 0
MAN’S MASTERY OVER HIS DESTINY 221
LACK OF CONTRADICTION BETWEEN MASTERY OF MAN AND SOVEREIGNTY OF GOD 223
SESSION 19 227
DISTINCTIVE FEATURE OF ISLAM IN THE REALM OF POLITICS AND GOVERNMENT 0
THREE VIEWS ON DETERMINING THE SPECIAL FUNCTION OF GOVERNMENT 0
DIFFERENCE BETWEEN THE SPECIAL FUNCTION OF THE ISLAMIC GOVERNMENT AND THAT OF OTHER GOVERNMENTS 229
ISLAM’S VIEW ON THE ESSENCE OF HUMAN SOCIETY 230
NECESSARY QUALITIES OF THE LEGISLATOR 231
DIFFERENCE BETWEEN ISLAMIC LAWS AND LIBERAL LAWS 233
AN EXAMINATION OF THE ESSENCE OF UNITY IN HUMANITY AND THE CITIZENSHIP OF CITIZENS 0
DETERMINING DIFFERENT CLASSES OF INDIVIDUALS IN LAWS OF CITIZENSHIP 267
FIRST AND SECOND CLASS CITIZENSHIP ACCORDING TO ISLAM 268
FUNCTIONAL DIFFERENCE BETWEEN WILĀYAH AL-FAQĪH AND OTHER SYSTEMS 0
ISLAM’S VIEW ON ROOT OF EMERGENCE OF RIGHTS 0
IMPACT OF NATURAL AND ACQUIRED DIFFERENCES ON RIGHTS AND DUTIES 265
SESSION 20 237
A NEW PERSPECTIVE ON THE STATION OF LAW AND GOVERNMENT 0
AN ORGANIC PERSPECTIVE ON SOCIETY 0
ISLAMIC APPROACH ON ORGANIC PERSPECTIVE OF SOCIETY 238
WAYS OF COMPARING SOCIETY TO THE HUMAN BODY 239
ELUCIDATING THE STATION OF GOVERNMENT IN SOCIETY THROUGH THE ORGANIC PERSPECTIVE 241
REAL BENEFIT AND HARM AS THE BEDROCK OF LAW 243
INDEX 271
TRANSLITERATION SYMBOLS 279
SESSION 21 245
ISLAM AND DEMOCRACY (PART 1) 0
LAW ENFORCERS’ NEED FOR THE PERMISSION OF GOD 0
MEANING OF DEMOCRACY AND ITS FUNCTIONAL SHIFTS 247
MEANING OF DEMOCRACY TODAY 249
HEGEMONIC SYSTEM’S EXPLOITATION OF NEW CONCEPT OF DEMOCRACY 250
ISLAM’S IDEAL FORM OF DEMOCRACY 251
SESSION 22 255
ISLAM AND DEMOCRACY (PART 2) 0
SECULAR DEMOCRACY AND ITS PHILOSOPHICAL UNDERPINNING 0
FALLACY IN THE PHILOSOPHICAL FOUNDATION OF SECULAR SYSTEM 256
ADVANCING DEMOCRACY IN THE SPHERE OF MANAGEMENT 257
PARAMOUNT STATION OF ISLAM AND WILĀYAH AL-FAQĪH IN THE ISLAMIC REPUBLIC 259
FORM OF DEMOCRACY ACCEPTABLE TO ISLAM 260
SESSION 23 263

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First Pages




بسم الله الرحمن الرحیم

In the Name of Allah,
the All-beneficent, the All-merciful





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The Ahl al-Bayt World Assembly  is an international non-governmental organization (INGO) that was established by a group of Shiite elites under the supervision of the great Islamic authority of the Shiites in 1990 to identify, organize, educate and support the followers of Ahl al-Bayt.

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