نوع مقاله : مقاله پژوهشی
نویسنده
گروه معارف اسلامی دانشکده علوم پزشکی سیرجان،سیرجان،ایران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
Mirza Na'ini, an innovative jurist and leading scholar of uṣūl al-fiqh, maintained that during the Occultation (ghaybah) of the Infallible Imam, the only legitimate government is one administered by the Imam's general deputies. However, when the establishment of such an ideal and legitimate government is not feasible, the public interest (maṣlaḥah) of the Islamic community requires that absolute monarchy be transformed into a constitutional monarchy. According to Na'ini, three forms of injustice characterize political authority: usurpation of God's exclusive sovereignty, usurpation of the position of the Infallible Imam, and oppression of the people under absolute monarchy. In a constitutional monarchy, however, only the usurpation of the Imam's authority remains. He argues that despotism constitutes the principal cause of the decline and corruption of Muslim societies. Therefore, where the establishment of the rule of the faqīh is impossible, the public interest requires, on the basis of the jurisprudential principle of choosing the lesser of two evils, that a constitutional monarchy be instituted under the supervision and authorization of qualified jurists. Accordingly, Na'ini's principal concern was to restrain absolute despotism while promoting the rule and legitimacy of Islamic law. In contrast, Imam Khomeini, writing in the context of the establishment of the Islamic government in Iran, regarded the preservation of the Islamic political system as the supreme public interest. He maintained that safeguarding the Islamic system takes precedence even over the primary rulings of Islamic law whenever necessary. Drawing upon Spragens's theory, which holds that all political thinker's ideas are fundamentally a response to the crises and challenges of his own historical context, this study argues that Na'ini's conception of maṣlaḥah emerged in response to circumstances in which the establishment of the ideal legitimate government—namely, the rule of the Walī al-Faqīh—was unattainable, leading him to advocate constitutional limitations on autocratic rule. By contrast, Imam Khomeini's conception of maṣlaḥah developed after the establishment of an Islamic government, where preserving the Islamic political order became the paramount public interest. Using an analytical and documentary methodology inspired by Spragens's theoretical framework, this article compares the concept of maṣlaḥah in the ijtihādī thought of Mirza Na'ini and Imam Khomeini.
کلیدواژهها [English]
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