نوع مقاله : مقاله پژوهشی
نویسنده
رئیس پژوهشکده فقه و حقوق پژوهشگاه علوم و فرهنگ اسلامی
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
The status of rights in Islamic jurisprudence (Fiqh) is one of the influential foundations of political jurisprudence. Presenting this status—while demonstrating a rights-oriented approach alongside duty-centeredness, and based on the intrinsic divine right—grants order and logic to the interaction between fiqh and politics within the framework of political fiqh. Investigating the status of rights in Islamic jurisprudence merits focus on three axes: the concept, origin, and categories of rights. The distinguished jurist, Allama Mohammad Hossein Kashif al-Ghita', has taken steps toward formulating the status of rights in Islamic jurisprudence. Based on his views, this article explores and analyzes these three axes. Therefore, the main question of the paper is: What is Allama Kashif al-Ghita’s perspective on these three axes, and what is its impact on political fiqh? This scientific report on his works is without precedent, making it a novelty of this article. One of the findings of this study is that the origin Kashif al-Ghita’ identifies for rights, in fact, expresses the source of power and legitimacy in a political system. Additionally, in his view, real external actions are the source of rights—for example, the conduct of an Islamic ruler in properly guiding and leading society becomes the basis of his right over the people.
کلیدواژهها [English]
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