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

Document Type : Research Article

Authors

• mohsen malek afzali ardakani
• Muḥammad Ḥasan Hā’irī
• Muḥammad Taqī Fakhla‘ī
• Muḥammad Jawād Arasṭā

10.22067/fiqh.v0i0.3729

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.

Keywords

• niẓām
• preserving the niẓām
• disorder in niẓām
• Community

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