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Enjoining the Good and Forbidding the Evil

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Fiqh al-Amn (Fiqh of Security) is considered among the newly emerged jurisprudential issues that explains the view of religion regarding subjects related to Security. Security issues have been raised in Fiqh Sections such as Jihad, defense, Enjoining the Good and Forbidding the Evil, qada', and shari'a punishments.

Security has various dimensions: social, cultural, military, political, economic, and judicial. Furthermore, subjects such as Espionage, weapon production, security-providing institutions, the limits of government intervention in the private sphere, justice, and Human Dignity are among the issues discussed in Fiqh al-Amn.

In jurisprudential sources, for each of these dimensions, the factors threatening security and the strategies for confronting the security challenges of the Islamic society have been examined; for instance, the commitment to preserving the rights of the people to provide social security, strengthening military power and weapon production for military security, observing the principle of private ownership to guarantee economic security, and adhering to the rule of law to ensure judicial security are among the codified jurisprudential strategies.

Conceptology and Status

Fiqh al-Amn is considered among the new sections of the science of jurisprudence that seeks to discover and extract the view of religion regarding issues related to various dimensions of Security from a normative and prescriptive aspect.[1] Accordingly, Fiqh al-Amn has been defined as the fiqh of the health of man's world and the hereafter.[2]

A special position has been drawn for Fiqh al-Amn among various areas of fiqh;[3] because its subject, i.e., security, is considered one of the most essential and important demands of society,[4] which guarantees human survival and is a prerequisite for other functions of human life.[5] Based on narrations, providing security is considered one of the important duties of the Islamic Government.[6]

Jurisprudential researchers have placed this branch of Fiqh under the more general title Political Jurisprudence.[7] According to Abu l-Qasim 'Alidust, an Islamic writer and researcher, there is no independent section on the subject of security in the science of jurisprudence; however, discussions related to it can be pursued in Fiqh Sections such as Jihad, defense, Enjoining the Good and Forbidding the Evil, qada', limits, and discretionary punishments.[8] Najaf Lak-zayi, a researcher of religious and political sciences, also believes that the word security is close to the word "preservation" (hifz) in fiqh and includes titles such as preservation of religion, life, intellect, reputation, property, and Dar al-Islam which can be examined in judicial, economic, political, and family rulings.[9]

Subjects Discussed in Fiqh al-Amn

According to some researchers, the subjects that can be raised in the field of Fiqh al-Amn include cases such as tajassus, production of various types of weapons, security-creating institutions, and the limits of state intervention in the freedoms and privacy of the people.[10] It has also been stated that the word security has a conceptual connection with jurisprudential terms such as war, muharib, Baghy, Mufsid fi l-Ard, injustice, harm, murder, sulh, equity, retaliation, and Taqiyya.[11]

Dimensions of Fiqh al-Amn

Fiqh al-Amn has been considered to include various dimensions such as socio-cultural security, military security, political security, economic security, and judicial security, for each of which there are teachings in jurisprudential books and sections.[12] The diversity of the dimensions of Fiqh al-Amn is considered to be because the issue of security itself is a two-sided issue and includes subjective and objective dimensions.[13] According to Muhsin Isma'ili, a researcher of fiqh and law, Western theories mostly deal with the external (objective) aspect such as security of life and property; while from the perspective of Islamic shari'a, subjective security has more priority and includes cases such as the moral and cultural security of society; for this reason, in the jurisprudential and legal system of the Islamic Republic of Iran, subjective security has a special authenticity.[14]

Social and Cultural Security

Social and cultural security refers to a state in which society, away from various threats, has public comfort and is confident about preserving its values.[15] The foundation of this type of security is considered to be based on the protection of the values ruling over society and its religious identity against any type of invasion against it.[16]

Jurisprudential researchers, acknowledging that the science of jurisprudence plays an influential role in preserving religious and social values by providing laws and rulings governing individual and social relations, have extracted teachings from jurisprudential texts that explain threatening factors and, in contrast, strategies for preserving social and cultural security.[17] According to them, zulm, rebellion and subversion, irtidad, discrimination, Muharaba, tyrannical government, Sin, bid'a, etc., are among the factors threatening social and cultural security and, in contrast, ta'lif al-qulub, limits and discretionary punishments, universal supervision in the form of Enjoining the Good and Forbidding the Evil, strengthening the institution of family, ta'awun in good deeds, keeping one's word, preserving the rights of people, etc., are considered jurisprudential strategies for preserving social and cultural security.[18]

Military and Political Security

Military and political security in Shi'a fiqh is mostly linked to the issue of jihad and especially Defensive Jihad, murabata (Border guarding), jajusi, nifaq, muharaba, and the term preservation of Dar al-Islam.[19] This type of security is related to the identity and existence of the Islamic state. The production of military and political security also depends on the level of capability of a country's armed forces to protect the government and people against coercive threats, as well as the acceptance of responsibility and participation by the people in political affairs.[20] Shi'a jurists in their books and in various jurisprudential sections have emphasized the strengthening of military capability and its role in defending the Islamic state and have considered it among the emphasized obligations.[21]

Economic Security

Economic security in the Islamic society is tied to the preservation of property (hifz al-mal) from the five interests (al-masalih al-khamsa), and jurists such as Imam Khomeini have emphasized the role of this type of security in preserving the Islamic state.[22] Issues such as usury, israf, tatfif (shortchanging), and Poverty have been mentioned as factors threatening economic security, and in contrast, the role of factors such as the obligation of providing the family's livelihood, paying Khums and Zakat, charity, endowment, justice, and the principle of respect for private ownership in preserving economic security has been emphasized.[23]

Judicial Security

Guaranteeing the judicial rights of citizens by the sovereignty and the feeling of security of citizens regarding the provision of such rights is called judicial security.[24] Exercising influence, discrimination, state corruption, unsuitable laws, and the lack of an efficient judicial apparatus have been considered among the factors creating threats in the sphere of judicial security. In contrast, it has been stated that to solve judicial security challenges, one must resort to strategies such as forming the required courts, commitment to the principle of the rule of law, judicial development, observing justice, preserving Human Dignity, observing the principle of equality before the law, and judicial independence.[25]

Notes

  1. ↑ 'Alīdūst, "Māhiyyat wa Chīstī-shināsī-yi Fiqh-i Amniyyat wa Fiqh-i Amniyyatī", p. 12.
  2. ↑ Malikī, "Dars-i Khārij-i Fiqh-i Amniyyat", published on the Madrisa-yi Faqāhat site.
  3. ↑ Nikkhū Amīrī et al., "Kankāshī dar Rābiṭih bā Ta'thīr-i Ḥukm-shināsī dar Fiqh-i Amniyyat bā Rūykirdī bar Ārā'-i Imām Khumaynī", p. 2.
  4. ↑ 'Alīdūst, "Māhiyyat wa Chīstī-shināsī-yi Fiqh-i Amniyyat wa Fiqh-i Amniyyatī", pp. 6–7.
  5. ↑ Khashnūdī and Muṣṭafā-pūr, "Wākāwī-yi Naqsh-i Fiqh-i Imāmiyya dar Ta'mīn-i Amniyyat-i Ijtimāʿī bā Ta'kīd bar Ẓarfiyyat-i Qawāʿid-i Fiqhī", p. 12.
  6. ↑ Mūsawī Kāshmarī, Dawlat-i Islāmī wa Amniyyat, 1388 Sh, p. 83.
  7. ↑ Lak-zāyī, "Muṭālaʿāt-i Fiqhī-yi Amniyyat", pp. 188–189; 'Alīdūst, "Māhiyyat wa Chīstī-shināsī-yi Fiqh-i Amniyyat wa Fiqh-i Amniyyatī", p. 7; Sharī'atmadār Jazā'irī, "Amniyyat dar Fiqh-i Siyāsī-yi Shī'a", p. 9.
  8. ↑ 'Alīdūst, "Māhiyyat wa Chīstī-shināsī-yi Fiqh-i Amniyyat wa Fiqh-i Amniyyatī", p. 7.
  9. ↑ Lak-zāyī, "Muṭālaʿāt-i Fiqhī-yi Amniyyat", pp. 190–192.
  10. ↑ 'Alīdūst, "Dars-i Khārij-i Fiqh-i Amniyyat", published on the Miftah Insani Islami news base.
  11. ↑ Lak-zāyī, "Muṭālaʿāt-i Fiqhī-yi Amniyyat", p. 191.
  12. ↑ Sharī'atmadār Jazā'irī, "Amniyyat dar Fiqh-i Siyāsī-yi Shī'a", pp. 9-29; Lak-zāyī, "Muṭālaʿāt-i Fiqhī-yi Amniyyat", pp. 191-192.
  13. ↑ Ismā'īlī, "Ḥaqq-i Shahrawandān bar Amniyyat; Tafāwut-i Māhiyyat wa Āthār-i Ān ...", p. 48.
  14. ↑ Ismā'īlī, "Ḥaqq-i Shahrawandān bar Amniyyat; Tafāwut-i Māhiyyat wa Āthār-i Ān ...", pp. 48-50.
  15. ↑ Ḥājj Muḥammadī, "Amniyyat-i Ijtimā'ī az Manẓar-i Fiqh-i Shī'a", p. 31; Pāzukīyān et al., "Barrasī-yi Ab'ād wa Shākhiṣih-hā-yi Siyāsī-Ijtimā'ī-yi Amniyyat dar Fiqh-i Siyāsī-yi Shī'a", p. 41; Sharī'atmadār Jazā'irī, "Amniyyat dar Fiqh-i Siyāsī-yi Shī'a", p. 9.
  16. ↑ Nabātīyān, "Tabyīnī Fiqhī az 'Awāmil-i Tihdīd wa Abzārhā-yi Ta'mīn-i Amniyyat dar Jāmi'ih", p. 33.
  17. ↑ Nabātīyān, "Tabyīnī Fiqhī az 'Awāmil-i Tihdīd wa Abzārhā-yi Ta'mīn-i Amniyyat dar Jāmi'ih", pp. 34-35.
  18. ↑ Chārih-jū Langarūdī et al., "Farāyand-i Shiklgīrī-yi Maqūli-yi Amniyyat-i Ijtimā'ī wa Rūykird-i Fiqh-i Islāmī bi Ān", pp. 68-69; Nabātīyān, "Tabyīnī Fiqhī az 'Awāmil-i Tihdīd wa Abzārhā-yi Ta'mīn-i Amniyyat dar Jāmi'ih", pp. 37-51; Lak-zāyī et al., "Amniyyat-i Millī-yi Dawlat-i Islāmī az Manẓar-i Fiqh-i Shī'a", pp. 44-49.
  19. ↑ Sharī'atmadār Jazā'irī, "Amniyyat dar Fiqh-i Siyāsī-yi Shī'a", pp. 13-14; Lak-zāyī, "Muṭālaʿāt-i Fiqhī-yi Amniyyat", p. 192; Lak-zāyī et al., "Amniyyat-i Millī-yi Dawlat-i Islāmī az Manẓar-i Fiqh-i Shī'a", pp. 49-51.
  20. ↑ Lak-zāyī et al., "Amniyyat-i Millī-yi Dawlat-i Islāmī az Manẓar-i Fiqh-i Shī'a", pp. 49-51.
  21. ↑ Najafī, Jawāhir al-Kalām, 1404 AH, vol. 21, p. 46; Imām Khumaynī, Taḥrīr al-Wasīla, Mu'assis-yi Dār al-'Ilm, vol. 1, p. 485; Muntaẓirī, Mabānī-yi Fiqhī-yi Ḥukūmat-i Islāmī, 1409 AH, vol. 1, p. 238.
  22. ↑ Imām Khumaynī, Taḥrīr al-Wasīla, Mu'assis-yi Dār al-'Ilm, vol. 1, pp. 485-486.
  23. ↑ Lak-zāyī et al., "Amniyyat-i Millī-yi Dawlat-i Islāmī az Manẓar-i Fiqh-i Shī'a", p. 51; Sharī'atmadār Jazā'irī, "Amniyyat dar Fiqh-i Siyāsī-yi Shī'a", p. 25.
  24. ↑ Najafī-zāda Dihkurdī et al., "Amniyyat-i Qaḍā'ī az Dīdgāh-i Fiqh wa Ḥuqūq-i Īrān wa Asnād-i Ḥuqūq-i Basharī...", pp. 32-33; Ḥājjī Dih-ābādī and Ṣamīmī, "Chālish-hā-yi Amniyyat-i Qaḍā'ī wa Rāhkār-hā-yi Ḥall-i Ān bā Ta'kīd bar Aṣl-i Ḥākimiyyat-i Qānūn az Manẓar-i Fiqh wa Ḥuqūq", p. 32.
  25. ↑ Ḥājjī Dih-ābādī and Ṣamīmī, "Chālish-hā-yi Amniyyat-i Qaḍā'ī wa Rāhkār-hā-yi Ḥall-i Ān bā Ta'kīd bar Aṣl-i Ḥākimiyyat-i Qānūn az Manẓar-i Fiqh wa Ḥuqūq", pp. 50-56.

References

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