The Theory of Permissibility and Political Rights
نویسنده:
Mahmoud Shafiei
،
مقاله نشریه: Journal of Islamic Political Studies » سال 2022 شماره 2
چکیده:
The present article consists of three sections. The first section considers some dimensions of the discussion on ‘rights’ in the framework of religious thought with the centrality of jurisprudence, and distinguishes four types of rights, defining each of them. This section aims at specifying the central point of the subject of this study. In the framework of jurisprudence, rights – as opposed to obligations – contain benefits for a Muslim, and they have been mentioned inside Shariʿa in a variety of direct or indirect forms through legal or non-legal languages. Sometimes, such rights have not been mentioned in Shariʿa. The latter type constitutes of rights that we may cause them to be confirmed by Shariʿa through some certain mechanisms. In the second section of this study, the nature of the theory of Ibāḥa (literally, ‘permissibility’) and important arguments in this regard have been considered. Our purpose in entering this section was clarifying the mechanisms of confirmation of right of the fourth type. The last section of the article is dedicated to the political results of the theory of ibāḥa from the viewpoint of political rights. In this section, we have discussed in detail that by accepting the theory of ibāḥa, the way is paved for harmonizing the religious world with other worldly realms.
The present article consists of three sections. The first section considers some dimensions of the discussion on ‘rights’ in the framework of religious thought with the centrality of jurisprudence, and distinguishes four types of rights, defining each of them. This section aims at specifying the central point of the subject of this study. In the framework of jurisprudence, rights – as opposed to obligations – contain benefits for a Muslim, and they have been mentioned inside Shariʿa in a variety of direct or indirect forms through legal or non-legal languages. Sometimes, such rights have not been mentioned in Shariʿa. The latter type constitutes of rights that we may cause them to be confirmed by Shariʿa through some certain mechanisms. In the second section of this study, the nature of the theory of Ibāḥa (literally, ‘permissibility’) and important arguments in this regard have been considered. Our purpose in entering this section was clarifying the mechanisms of confirmation of right of the fourth type. The last section of the article is dedicated to the political results of the theory of ibāḥa from the viewpoint of political rights. In this section, we have discussed in detail that by accepting the theory of ibāḥa, the way is paved for harmonizing the religious world with other worldly realms.
The Theory of Permissibility and Political Rights
1/1/2022 12:00:00 AM
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