نوع مقاله : مقاله پژوهشی
نویسنده
استادیار، گروه علوم سیاسی، پژوهشگاه علوم و فرهنگ اسلامی. قم. ایران.
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
The concepts of nationality and citizenship are among the most fundamental in modern political thought, emerging alongside the formation of nation-states and modern political systems as replacements for traditional Islamic notions such as ummah (as a politico-religious community), Dar al-Islam, and hijrah in Islamic jurisprudence. However, the profound transformations and crises in the Islamic world—especially the situation of Palestine and, in particular, Gaza—highlight the need for a critical and sociological re-examination of these concepts in light of Islamic teachings. This article, using a descriptive-analytical approach and drawing on Shia jurisprudential sources, reinterprets the concepts of citizenship and nationality in the context of Gaza, understood as a socio-political reality under occupation. It aims to provide a jurisprudential-social-political analysis of the rights of Gaza’s inhabitants within the framework of Shia political jurisprudence, demonstrating how Islamic law is interpreted and applied in response to specific circumstances. The primary question of the article is whether the modern concept of citizenship aligns with the principles of Islamic jurisprudence and how the legal and political status of Gaza’s residents can be analyzed in light of the interaction between Islamic jurisprudence and social reality. The findings show that Shia jurisprudence, by relying on principles such as nafy al-sabil (denial of dominance), la darar (no harm), and defensive jihad, provides strategies that not only express religious rulings but also reveal the potential of Islamic law to deal with political and social challenges. These strategies, however, at times conflict with international law and modern legal structures.
Overall, the study demonstrates that Islamic jurisprudence, through concepts such as hijrah (migration), nusrah (support), wilayah (guardianship), and faith, offers a framework distinct from modern citizenship—one that, in critical situations like Gaza, can serve as an active foundation for political commitment, legal protection, and faithful resistance. Such a reinterpretation contributes to the renewal and dynamism of governmental jurisprudence in addressing ummah-centered issues.
کلیدواژهها [English]
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