The Concept of Socio-political System (Niẓām) and its Application in Jurisprudence and Principles

Journal Title: فقه و اصول - Year 2012, Vol 44, Issue 88

Abstract

One of the issues that has always been of interest to and emphasized by Muslim scholars in various sources of jurisprudence, principles, and other Islamic texts is the issue of “preserving the socio-political system.” This endeavor results from the importance of community, integration of people’s social life, and avoidance of anarchy and disturbances in social affairs in Islam. This issue is so widely applicable that it can be brought up and examined as an important and pervasive legal principle; although such a principle is not mentioned in earlier legal works. However, such questions as what meaning the term niẓām has been used in, what ranks it enjoys, what relation exists between these ranks, and what rulings each one has, are the subject of the present research, which is regarded as an innovation in its own right. The research method employed in this article is the descriptive and library method; that is to say, first, with respect to its lexical and technical applications, various types of niẓām are recounted, and then the instances for the application of this issue in jurists’ language are examined.

Authors and Affiliations

Mohsen Malek Afzali Ardakani, MuḥAmmad ḤAsan Hā’Irī, MuḥAmmad Taqī Fakhla‘ī, MuḥAmmad JawāD Arasṭā

Keywords

Related Articles

A Legal-Judicial Deliberation on the Article 575 of the Civil Law

Although in principle the benefit and loss resulted from partnership is to be taken into consideration in private relationships proportionate to the parties’ shares, prediction of stipulating more benefit or exempting al...

The Role of Verity Proposition in Principles of Jurisprudence

The dynamism of the verity proposition has led to its being used in various issues and sciences as the founder for the general and constant principles. The principles of jurisprudence, as a science that is the founder fo...

Examining the Legal Principles of the Ruling on the Retaliated Punishment (Qiṣāṣ) of Mother for Murdering her Child

Murder is among the most abominable human acts and the most criminal behavior of mankind; in Shī’a jurisprudence, punishment for deliberate murder is qiṣāṣ (retaliated punishment) in general. On the basis of this general...

A Research on the Concept and Reliability of Fixed Way of Religionists (Irtikāz al-Mutisharri‘a) as Explained by Shī‘a Jurists’

Sīra is of a sublime status in Shī‘a jurisprudence and has been used as the most important reason in endorsed rulings of Islam. The Shī‘a jurists have used it as one of their evidences for inference of rulings to the ext...

The nature of signed ordinances

Signed ordinances are a major part of religious ordinances having existed as normative before the institution of divine canonization and having been approved without any or with slight modification by the legislator and...

Download PDF file
  • EP ID EP183269
  • DOI 10.22067/fiqh.v0i0.3729
  • Views 100
  • Downloads 0

How To Cite

Mohsen Malek Afzali Ardakani, MuḥAmmad ḤAsan Hā’Irī, MuḥAmmad Taqī Fakhla‘ī, MuḥAmmad JawāD Arasṭā (2012). The Concept of Socio-political System (Niẓām) and its Application in Jurisprudence and Principles. فقه و اصول, 44(88), 125-150. https://europub.co.uk/articles/-A-183269