Comparative political jurisprudence of Imamiyyah and Ahl al-Sunnat regarding the field of judgment in Jur government

Document Type : Original Article

Authors

1 Department of Jurisprudence and Fundamentals of Law, Faculty of Humanities, Imam Khomeini Memorial Branch, Rey, Iran

2 Member of the academic staff of the Fiqh and Fundamentals of Islamic Law Department, Islamic Azad University, Tehran Branch, Tehran, Iran

3 Senior Expert, Department of Criminal Law and Criminology, Science and Research Unit, Islamic Azad University, Ahvaz, Iran

4 Graduated from the Department of Jurisprudence and Fundamentals of Law, Faculty of Humanities, Islamic Azad University, Yadgar Imam Khomeini Branch, Shahrari, Iran

Abstract

From the point of view that throughout the history until today, the rulers have not always dealt with the eligibility, in political jurisprudence there have been many debates about the permissibility or impermissibility of accepting the government and cooperating with the oppressors, and the jurists with different opinions have discussed the issue. and in the meantime, they have taken various courses of action; In such a way that some people consider any kind of cooperation with the ruler as inappropriate, and on the other hand, the practical course of some jurists has been based on the permission of the Sultan within the scope of protecting the interest of the general Islamic society. Therefore, the upcoming research has analyzed the political jurisprudence of the Imamiyyah and Sunni sects with the aim of reviewing the foundations presented in this regard. It turns out that the sanctity of helping a tyrant is the case of Imami jurists, but a group of them, despite the fact that they did not consider their contemporary governments independently legitimate, sometimes cooperated with the criterion of taqiyyah or secondary rules such as urgency or consideration of interests. They have provided practical and theoretical support. Many of the Sunnis also consider obeying him as inevitable, despite the condemnation of the unjust ruler. Also, in the present era, the same attitude considers it permissible to cooperate with the country of infidelity in the field of political and economic aspects, even though Muslims are oppressed in the vicinity and under the government of Jur. It seems that although the necessity of adaptability to the current conditions requires a revision in political jurisprudence, but in practice, any kind of aman with sultans will not have a jurisprudential license.

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