The Criterion of Government Decrees in the Political Jurisprudence of Shi’ah

Document Type : Research Paper

Authors

1 Associate professor of political science, Baqir al-Olum University

2 Ph. D student of political science, Baqir al-Olum University

Abstract

According to the religious principles, all the decrees of religion follow the real goods and evils, consequently the government decrees as part of religion follow the goods and evils being identified by the jurisprudent ruler. In this regard, among the issues towards the best perception of dimensions of government decrees would be the criterion for these decrees. Accordingly, the main question of this article would be the investigation of the criteria of government decrees within the political jurisprudence of Shi’ah and kinds of affairs as criterion towards these decrees by the ruler being considered reliable in jurisprudence in addition to the ways of discovery of these criteria. According to the findings of this article, the criteria of government decree is of a public criterion such as expediency which is the ground of issuing all the government decrees and it is of a particular criteria and the mere criterion towards issuing the government decrees in the specific grounds like the most important and important, necessity, etc.. providing the ground in favor of the expediency and issuing government decree.
Through the conductive method, the article investigates that the way of discovering the criterion of government decree for the ruler would be referring to the text, in case of presence, and through the wisdom and norm provided the text is unreliable.

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