الحركة الفقهية في كربلاء محمد الشيرازي (ت 1422 ه) انموذجا

THE JURISPRUDENTIAL MOVEMENT IN KARBALA MOHAMMED AL-SHIRAZI MODEL

The attempt to read (the movement of jurisprudence in the holy city of Karbala, the renewed Shirazi model) makes us stand before the hub derived from the following results:

– Karbala has become a scientific center since the introduction of Imam Hussein peace be upon him and the establishment of the scientific huts next to the tomb of Sharif.

– The foundations of Imam Sadiq (Peace be upon him) estate in Karbala the beginning of the second century Hjri Voklp scholars and modernists and scientists.

– After the death of Imam Sadiq (Peace be upon him) Imam Kadhim peace be upon him leadership of the scientific estate.

– Karbala’s estate continued to develop in intellectual and scientific periods of various jurists of Sheikh Mufid and others.

5- The renewed Shirazi turning point in the history of the possession of Karbala because of his innovations and stations were not at other.

– The Renaissance Shirazi descendant of a deep-rooted family in Islamic jurisprudence and political Islam, influenced by his mind the nature of this family to be scientific and political activities as an extension of the activities of his family scientists.

– The character of the Rev. Shirazi is characterized by a combination of high moral qualities that have influenced political thought, especially his views on amnesty, tolerance, non-violence, human rights and public freedoms.

– Majed Al-Shirazi has a special methodology that governed his political thought and was based on three methodological equations: the Islamic perspective, the diversity of intellectual production, the unity of direction, and the starting from reality to construct the example, indicating that he was not chaotic or confused in his writings

. – wanted the renewed Shirazi of his political activity inside and outside Iraq to spread the Islamic culture and deepen it between the Muslim peoples to demonstrate the principles and provisions and rules of Islam and put them in a modern manner gives them effectiveness and arbitrariness on any system of knowledge status; In this way, all available means of personal dialogue were used to refer to the Scriptures.

– He founded the Mirage of Shirazi, the largest encyclopedia of jurisprudence, which was preceded by modernity, branching, reasoning and keeping pace with the age, which made it distinct from others. – The states can be divided into five theories and these theories differ in terms of capacity and narrowness depending on the evidence.

– The reformist Syriac adopted the theory of the jurisprudents. He tries to give the religious authority consultative status and election, and away from tyranny and dictatorship, with his belief in the theory of public prosecution.

– Contrary to the reformer Shirazi Imam Khomeini, who counted the mandate of the jurist Division of the mandate of God and His Messenger, the renewal of Shirazi stipulated that the ruler derives legitimacy from God Almighty and his ability of God and the nation and that the jurisprudence is fair and selected by the majority of the nation.

– Making the Shurazi Shura Majlis (Majlis) is binding on the ruler (Faqih) after his election in each case. It is not enough for the Islamic ruler to apply the principles of Islam and its laws without the Shura law, and the limits of the authority of the ruling jurist are restricted within the framework of the powers granted to him by the people according to the constitution. To save his opinion against the will of imitators, even if elected from them.

– The Rev. Shirazi stressed that Islamic law is the basis for the building of the state, and this is evident in the form of the state in the renew.

– The reformer Shirazi has developed several elements for the success of the Islamic state, including the application of Islamic law, and obedience

17- The reformist Shirazi says that the constitution is not binding on Muslims because binding words of jurists, because the words of jurists based on several things, the most important obedience to God and the Messenger and obedience to his deputies, whether his deputies in the case of life and attendance or their deputies in case of absence.

– Al-Shirazi does not believe in geographical borders and the reason for this because he believes that the borders of the state include all parts of the Islamic world in one political unit.

– Al-Shirazi believes that economic independence requires political independence. – believes renewing Shirazi believes in the abolition of the law of nationality in the Islamic state, replaced by a single Islamic nationality that eliminates differences between Muslims because Muslims are brothers, and not distinguish them except piety, believes that the language of the Koran is the official language of the state.

– Al-Shirazi believes that the legal personality of the state and that this personality is part of the personality of the state will remain the survival of the state and the person who comes to the institutions of the state, whether a president or a minister or a manager treats the treatment of the first individual, such as to kill a man by mistake and the laws, whether in the government or not , And the second treatment of the international personality of his signatures and transactions for the state and others are not on the one hand, but on the one hand (personal rights) obtained by the chair.

– The validity of the state when it is renewed, such as legislation and the enactment of laws and framing the law in Islam and be in the opinion of the majority in parliament.

– believes renewing Shirazi renewal of jurisprudence because Islam is the religion of life as in the jurisprudence of life and Islam religion of life and the ability of Islam to cover the needs until the latest developments, and that scholars have the ability to devise advanced laws of life based on the laws of Islam.

– did not stop renewing Shirazi in the area of jurisprudence, but rather branching in detail that was not preceded by one or at least did not address it, has written in jurisprudence and politics according to the economy and according to the meeting in accordance with governance in Islam and according to the Islamic government and according to the international community.

– that the renewing Shirazi does not believe in the legislative vacuum, and we find that in its explanatory approach any reference to the vacuum area, we find everything based on the assets of the Koran is a statement of everything and then the assets delivered by the imams of the people of the House peace be upon them.