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Governmental Jurisprudence in the Eyes of Imam Khomeini (ra)

Abstract

Shiite jurisprudence is constantly changing. With the victory of Islamic revolution and rule of community jurisprudents, many questions relating to area of jurisprudence in the Islamic community were shifted to system of jurisprudence where jurisprudent approaches opted to answer them thanks to their Ijtihad and mental principles. The governmental jurisprudence is rulings that ruler of community based upon religiously anticipated norms and public interests of Muslims prescribes to preserve health of society, regulate the affairs and establish accurate relationships among organizations in the fields of culture, education, tax and so forth. In the meantime, Imam Khomeini (ra) by turning to his governmental approach established modern jurisprudence with a governmental attitude that believes in Islamic jurisprudence capability for managing the society and says the only way for achieving Shari’ah individually and socially is to establish the Islamic government. For him, whatever of powers and duties of the Prophet (s) and Imams after him, can be authentically applied to fully qualified jurisprudent. This article intends to study and analyze tools and approaches of the governmental jurisprudence in the opinion of Imam Khomeini (ra) through examination of definitions of jurisprudence and principles of governmental jurisprudence. And this is basically presumed that Ijtihad understanding of jurisprudents like Imam Khomeini (ra) from Shari’ah and jurisprudent sources involves a comprehensive directive for its systematization and supervision based upon instructions of governmental jurisprudence.

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