مباني فقه الدولة عند الإمامية (عرض وتحليل)

RP-(Evidence of Shiite jurists on the formation of the state - display and analysis).pdf

Abstract of the thesis
The development of Shiite political thought went through four stages, depending on the political and social circumstances in which it emerged. These stages are:
1-The realistic political stage: The most important characteristic of this stage is that it starts from dealing with the existing Islamic authorities, as human governments with their advantages and disadvantages. Therefore, during this stage, political thought did not raise the issue of researching the legitimacy of power. This stage was represented by the ideas of Al-Murtada and Sheikh Al-Mufid. Al-Tusi during the fourth and fifth centuries AH.
2- The stage of royal political thought: This stage was represented by the dealings of Twelver Shiite jurists with countries that declare Shiism, either partially or partially, as an official doctrine of the state, such as the Ilkhanid state and the Safavid state. This stage is divided into two periods/stages, depending on the nature of the state and the circumstances surrounding the Shiite jurist.
The theory of Wilayat al-Faqih of Khomeini was based on stripping the Shiite cleric of the task of guiding people in the matters of Sharia that the jurists practiced throughout the Islamic ages and turning him into an ordinary man who practices politics for the sake of power, using religion as a means to achieve his political and social goals, through a special understanding of politics that Khomeini put forward, with the content that Politics in the sense that it guides the society and the individual and leads them towards the path of goodness. The theory of absolute guardianship of the jurist suffers from a major problem, which lies in its inability to answer, in a rational way, a question that says: Is religious belief based on the self-conviction of individuals or on an external, human authority? Is it not divine?
The correct religious belief is based on the personal convictions of people, and accordingly there is no jurisdiction for the jurists over the beliefs of people. in control.”
Governance of Islam and the Islamic government: It appears by tracing the position of Shiite jurists on community issues. There are two positions. The first is based on subordinating politics to religion, meaning that religion is not directly included in the daily details of the movement of individuals in society, and therefore there is no need to involve jurists in the daily struggles that politics requires. . This approach has been followed by the majority of Shiite jurists since the era of the Great Occultation to our present era
. This position is based on the main goal of the jurists in Islamic history represented by spreading the ideals of Islam and guiding Muslims and educating them to represent the ideals of Islam in their daily lives, i.e. working for the “governing of Islam” as a belief and principle that Muslims embrace and worship. The validity of this conclusion can be inferred from the life experience of the Twelver Shiite imams, who defended the principles of Islam and spread the doctrines of Shiism through intellectual and cultural activity among the people. As for the second position, it is based on employing religion for political interests. By setting the task of establishing an Islamic government as a major task for the jurists, instead of the task of raising awareness of the principles of Islam, i.e. presenting the means over the end, as it is the direct goal of the jurists in society. This position contradicts the practical experience of the experience of Islam, as Islam expanded and spread.