Islamic Political Theory (Legislation): Volume 1
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Author: Ayatullah Muhammad Taqi Misbah Yazdi
Translator: Mansoor L. Limba
Publisher: Ahlul Bayt World Assembly
Category: Islamic Philosophy
Author: Ayatullah Muhammad Taqi Misbah Yazdi
Translator: Mansoor L. Limba
Publisher: Ahlul Bayt World Assembly
Category: visits: 26013
Download: 4960
- Preface
- Refererence
- Introduction
- References
- Session 1: The Most Important Questions in the Realm of Islamic Policy
- Introduction
- Islam and Political Theorizing
- Islamic Political Theory being “founded” by Islam
- The Nature and Essentials of Islamic Government
- The form of Islamic government and the scope of prerogatives and duties
- The role of people in Islamic government and some other questions
- Methodology of discussing Islamic political theory
- References
- Session 2: Importance and Exigency of Discussing Islamic Political Theory
- How the East and the West confront the Islamic Revolution
- The youth and the long-term cultural plot
- The triple axis of the cultural plot
- 1. Promotion of the Notion of Separation of Religion and Politics
- 2. Denial of Wilayah al-Faqih
- 3. Concern about the form of Wilayah al-Faqih
- Our responsibility vis-à-vis the triple axis of the enemy’s plot
- The need to choose suitable methods to foil the enemy’s plot
- The Definition and Jurisdiction of Religion
- The need to know religion through its sources
- References
- Session 3: Station of Politics in Religion (Part 1)
- Definition of politics and the three powers in Islam
- Judicial laws in the Qur’an
- Universality of Islam and station of Islamic ruler
- References
- Session 4: Station of Politics in Religion (Part 2)
- Separation of religion and politics an extra-religious outlook
- Close-knit connection between this world and the hereafter
- Ideological baptism of actions in this world
- Radiant capability of intellect in discerning value of actions
- Jurisdiction of Religion
- Relationship between Religion and Government
- Universality of Religion
- References
- Session 5: Freedom in Islam (Part 1)
- Private realms of Knowledge and Religion
- Skepticism on alleged contradiction between religious rule and freedom
- Propagating the above skepticism through a religious tune
- Replying to the above skepticism
- Reason behind the uniqueness of the Qur’anic approach
- Propagating the skepticism through an extra-religious approach
- Hume’s skepticism and the first reply to the above skepticism
- Second reply-absoluteness and limitlessness of freedom
- Skepticism on alleged contradiction between government authority and man’s divine vicegerency (khilafah)
- Reply to the above skepticism
- References
- Session 6: Freedom in Islam (Part 2)
- Expressing skepticism on the foundation of historical development of man
- Reply to the above skepticism
- Expressing the above skepticism through a different approach
- Reply to the above skepticism
- Disobedience to God in the past
- Following God and freedom
- References
- Session 7: Freedom, Its Limits and Boundaries
- Islamic political theory and skepticism on alleged restriction of freedom
- Different outlook on concept of freedom
- Freedom as not absolute and rejection of freedom’s predominance over religion
- Need to observe the values and sanctities of every society
- Illegitimate motives in exercising freedom
- Limits of freedom of expression
- Need to explain concept and manifestation of terms
- References
- Session 8: An Elucidation of the Structure and Form of Government
- Status of elemental and evidential definition
- Islam and theory of separation of powers
- Legislative power
- 2. Judicial power
- 3. Executive power
- Skepticism on alleged impotence of Islam in social administration
- Types of laws and necessity of enacting variable laws
- The constitution
- 2. Laws ratified by parliament
- 3. Laws ratified by cabinet
- Meaning of Islamic nature of laws
- Process of legislation in the Islamic government
- Legal status delegated in the Islamic government
- References
- Session 9: An Examination of the Status of Laws in the Religious System
- Principles of Islamic political theory
- 1. Law
- 2. Laws possessing divine and religious source
- Need to acknowledge essentials of religion
- Islam’s fixed principles and precepts
- Fixed essential laws and decisive concepts of the Qur’an
- Removing skepticism on the existence of contradictory interpretations of Islam
- Questioning Islam’s capability of meeting all human needs
- 1. Examining the theoretical dimension of questions
- 2. Examining the practical dimension of questions
- References
- Session 10: Law and the Difference in Outlook and Origin
- Exigency of discussing law at the present stage
- Two contradictory views determining domain of laws
- Status of law in democratic systems
- Basis of credibility of human rights
- Real, intrinsic laws and status of man’s freewill
- Legislative and divine laws that guarantee man’s felicity and perfection
- Difference between legal and moral laws
- Difference between Islamic and liberal approach
- References
- Session 11: Criterion of Credibility of Law
- Exigency of delving into major political issues
- Scope and criterion of credibility of law
- 1. Justice theory
- 2. Providing for social needs
- 3. Will of the people
- Objection to the first view
- Superiority of Islamic laws
- Inapplicability of the second view
- Defects of the third view and extent of needs according to Islam
- The Islamic Revolution and superior station of spiritual interests
- References
- Session 12: The Different Views of Islam and the West on Values
- The best law according to Islam and the danger of eclecticism
- Intellectual eclecticism in realm of religious thought
- Concept of religious pluralism
- Magnificence of servitude to God and its conflict with absolute freedom
- The West and elimination of alleged contradiction between science and religion
- Station of people’s will in liberalism and Islam
- Democracy and legislative authority in Islam and the West
- An admonition to the youth
- References
- Session 13: Fundamental Difference in the Approach to Law between Islam and the West
- Relationship between law and individual freedom
- Law in the humanist and liberal approach
- The onslaught of Western culture and its confrontation with Islamic culture
- The clergy and structural framework of Islamic culture
- Nature of law and its special function in Islam and liberalism
- Relativity of legitimate freedom
- Tension between Islam and liberalism
- Legislation in Islam and democracy
- The binding law in the Islamic government
- References
- Session 14: The West’s Materialistic Approach to Law
- A review of the previous discussions
- Natural law school
- Scope of human rights in the West
- Emergence of contradictions on scope of freedom
- Scope of freedom in human rights
- Problems of categorizing freedom in the West
- Islamic law’s concern for spiritual and material interests
- Preeminence of spiritual and religious interests over material interests
- Difference between conditions and scope of freedom in Islam and liberalism
- References
- Session 15: The Islamic Government, Challenges and Cultural Plots
- A review of the previous discussions
- The clergy and its crucial duty of guidance
- Promotion of destructive Western freedom in the national press
- “Islamic Protestantism” as a conspiracy against Islam
- Real meaning of natural right
- Traditional interpretation as the only authentic interpretation of Islam
- Legitimate freedom
- Religion and law as restrainers of freedom
- Necessity of restraining freedom
- References
- Session 16: Difference between Divine and Atheistic Culture in the Realm of Law and Freedom
- Role of choice, awareness and observance of law in attaining the goal
- Difference between moral and legal laws
- Divine and atheistic cultures and their different perspectives on law
- Three pillars of Western culture
- Fundamental conflict between Western and Islamic culture
- Difference in approach between Islam and the West on determining scope of freedom
- References
- Session 17: Relationship between Religious Legislative Lordship (rububiyyat-e tashri‘i), and Sovereignty and Legislation
- Necessity of determining thematic principles
- Divine sovereignty and legislative Lordship
- Meaning of pure monotheism
- Righteous reference authorities of legislation and sovereignty in Islam
- Reasons behind God’s legislative monopoly
- References
- Session 18: Requisites of Legislation and Its Station in Islam
- Legislator’s qualifications as exclusive to God
- Objection on the necessity of legal authorities’ plurality
- Reply to the first objection
- Second objection: absence of God’s will in legislation
- Reply to the second objection
- Man’s mastery over his destiny
- Lack of contradiction between mastery of man and sovereignty of God
- References
- Session 19: Distinctive Feature of Islam in the Realm of Politics and Government
- Three views on determining the special function of government
- Difference between the special function of the Islamic government and that of other governments
- Islam’s view on the essence of human society
- Necessary qualities of the legislator
- Difference between Islamic laws and liberal laws
- References
- Session 20: A New Perspective on the Station of Law and Government
- An organic perspective on society
- Islamic approach on organic perspective of society
- Ways of comparing society to the human body
- Elucidating the station of government in society through the organic perspective
- Real benefit and harm as the bedrock of law
- Reference
- Session 21: Islam and Democracy (Part 1)
- Law enforcers’ need for the permission of God
- Meaning of democracy and its functional shifts
- Meaning of democracy today
- Hegemonic system’s exploitation of new concept of democracy
- Islam’s ideal form of democracy
- References
- Session 22: Islam and Democracy (Part 2)
- Secular democracy and its philosophical underpinning
- Fallacy in the philosophical foundation of secular system
- Advancing democracy in the sphere of management
- Paramount station of Islam and wilayah al-faqih in the Islamic Republic
- Form of democracy acceptable to Islam
- Reference
- Session 22: Islam and Democracy (Part 2)
- Secular democracy and its philosophical underpinning
- Fallacy in the philosophical foundation of secular system
- Advancing democracy in the sphere of management
- Paramount station of Islam and wilayah al-faqih in the Islamic Republic
- Form of democracy acceptable to Islam
- Reference
- Session 23: An Examination of the Essence of Unity in Humanity and the Citizenship of Citizens
- Islam’s view on root of emergence of rights
- Impact of natural and acquired differences on rights and duties
- Determining different classes of individuals in laws of citizenship
- First and second class citizenship according to Islam
- Functional difference between wilayah al-faqih and other systems
- References