Legal Hermeneutics of Governance Issue in Islamic and Western Political Thoughts in the Middle Age

Document Type : Academicm and Research

Authors

1 Assistant Professor, Department of Public law, North Tehran Branch, Islamic Azad University, Tehran, Iran .

2 Assistant Professor, Department of International law, North Tehran Branch, Islamic Azad University, Tehran, Iran.

Abstract

Although it is possible to present a general and apparent interpretation of the foundations and justifications of the idea of "governance" through understanding the structure and legal developments of societies and considering the way citizens and the state interact, understanding its underlying layers (the issue of governance) is completely inconsistent with such an attitude. Based on this belief, the present research aims to gain a sound understanding of the theoretical foundations of governance in Islamic and medieval thought, and then to evaluate and interpret this idea among Islamic thinkers and compare it with the mindset of Western thinkers in the Middle Ages. The approach that governs this comparative assessment is such that first introduces the theoretical foundations of governance in Shiite and Sunni political thought, and then to examine the conceptual developments of governance in the thinking of prominent Western thinkers in the Middle Ages, regardless of the differences and similarities with Islamic governance. The theoretical framework of the present article, in an analytical-descriptive manner, considers the guiding theoretical foundations of governance in the components of Shiite thinkers' thought to be based on the theory of ‘Imamate’ and in Sunni thought, on the theory of ‘caliphate’; and in comparison, it seeks the theoretical foundation of the idea of governance from the perspective of Western legal philosophers and theologians of the Middle Ages in the light of the theory of ‘divine sovereignty’. Finally, with an interpretive approach (legal hermeneutics), it aims to point out a governance model that is compatible and consistent with both views.
 

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References

Abdurrahman, Alem (2003), Politics Foundations, Nay Publications.
Abdulrazagh, Ali (2000), Islam and Power Basics, Rezayi, Amir, Tehran, Ghasidehsara Publications.
Agha Mohammad Aghayi, Ehsan (2023), the Role of Government in People’s Contribution Process (re-exploring contribution in right – assignment mean), Tehran, Shahr Danesh Legal Research Center.
Barzegar, Ebrahim (2008), the History of transformation in Islam and Iran, Tehran, SAMT Publications.
Dabirnia, Alireza, Mohadipour, Ehsan, Taleb, Azam (1402), An Introduction tothe Relationship between the Moral Theory of the Divine Order and Human Rights, Comparative Research Quarterly of Islamic and Western Laws, Volume 10, Number 2, Number 36.
Emadi, Abbas (2013), Ahl al-Sunna political system, Bagheral Uloom research school.
Enayat, Hamid (1982), Contemporary Islamic Political Thinking, Bahaodin Khoramshahi, Tehran, Kharazmi Publications.
Enayat, Hamid (1998), Western Political Philosophy Foundation, Tehran, Nay Publications
Firahi, Davood, (1996), The Basics of Sunni Political Thought, Islamic Government Quarterly, First Year, Number 2.
Firahi, Davood (2012), Power, Knowledge and Legitimacy in Islam, Tehran, Nay Publications.
Ghazi, Abulfazl (1996), Recourses on General Laws, Tehran, Dadgostar Publications.
Haghighat, Seyed Sadiq (2008), the Basics of Political Thinking in Islam, Tehran, SAMT Publications.
Halagh Vayel (2007), Theoretical History of Islamic Laws (an intr4oduction on Sunni principles), translated by Mohammad Rasekh, Tehran, Nay Publications.
Hold, David (1998), Wisdom in Politics, Democracy, a paper published in wisdom in politics, translated by Ezatollah Fooladvand, Tehran, Tarh-e-No Publications.
Hold, David (2007), Formation of Modern State, Abbass Mokhber, Tehran, Agah Publications.
Hoy, David Kozner (1999), Critical Ring (Literature, History and Philosophical Hermeneutics), translated by Morad Farhadpour, Tehran, Roshangaran and Women Studies Publications.
Hussieni Beheshti, Seyed Mohammad Reza (2004), Lessons from Philosophical Recourses, Tehran, Liberal of Arts Research and Development Center,
Jilsen Etien (1987), Middle Age Philosophical Soul, translated by Ali Morad Davoodi, Tehran, Cultural Research Institute and Cultural and Scientific Publications Company.
Keleini, Abu Jafar Mohammad Bin Jakub Bin Isaac (2010), Osul Kafi, Mostafavi, Seyed Jawad, The Office of Propagating the Culture of Ahl Al-Bayt, vol. 1.
Kolsko, George (2011), Political Philosophy History (the Middle Age), translated by Khashayar Seihimi, Tehran, Nay Publications.
Lidman Sorren Eric (2007), the History of Political Opinions from Plato to Habermas, Tehran, Akhtaran Publications.
Mawardi, Abul Hasan, (1406) A.H., Al-Ahkam Al-Sultaniyyah, Qom, School of Islamic Studies.
Mosaheb, Gholam Hussein (2004), Persian Encyclopedia, Pocket Books Company, Tehran, Amir Kabir Publications, vol. 2.
Nouri, Hossein bin Muhammad Taqi (1320-1254 AH), Mostadrak al-and Mustanbat al-Masal, Vol. 17, Qom, Al-Abit Institute Publications, Al-Ahiyaa al-Tarath.
Noyman, Francis (2001), Power, Law and Freedom, Ezatollah Fooladvand, Tehran, Kharazmi Publications.
Parkhash, Ferishte, (2018), The Evolution of Shia Political Theory During the Period of Imamate, Jundi Shapour Quarterly, Shahid Chamran University of Ahvaz, 5th year, number 17, spring 2018.
Rahmatollahi, Hussein; Agha Mohammad Aghayi, Ehsan (2015), Contribution in Islamic Political Thinking, Qom, Jurisprudential Researches Journal, vol. 11
Rahmatollahi, Hussein; Agha Mohammad Aghayi, Ehsan (2016), Contemplation on Relations between Government and Citizens: a Transition from Despotic to Conditioned Government, Tehran, Khorsandi Publications.
Rahmatollahi, Hussein; Agha Mohammad Aghayi, Ehsan (2020), a New Glance at General Law Basics (Concepts and Values), Tehran, Enteshar Company.
Redhead, Bryan (1998), from Plato to NATO, translated by Morteza Kakhi and Akbar Afsari, Tehran, Agah Publications.
Rikhtegaran, Mohammad Reza (1999), Rationality and Discussion on Hermeneutics (Description Principles and Basics), Tehran, Congreh Publications.
Shamsoldin, Mahdi (2006), Administration and Management in Islam, Morteza Ayyatolahzadeh Shirazi, Tehran, University of Tehran Publications.
Sterior, Joseph (2016), the History of Modern State in the Middle Age, translated by Hussein Badamchi, Tehran, Negah Moaser Publications
Strauss Leo (1998), Natural Laws and History, translated by Bagher Parham, Tehran, Agah Publications.
Tabatabayi, Seyed Jawad (2001), the Concept of Despotic Velayat (in political thoughts of the Middle Age), Tehran, Negah Moaser Publications.
Tahery, Abulghassem (2001), the History of Political Thoughts in the West, Tehran, Ghomes Publications
Tirni, Bryan (2014), Religion, Law and Emergence of Conditioned Thinking, translated by Hussein Badamchi and Mohammad Rasekh, Tehran, Negah Moaser Publications.
Tohidfam, Mohammad (2002), Government and Democracy in Globalization Age, Tehran, Rozaneh Publications.
Torabi, Farhad; Ayyazi, Seyed Mohammad Ali; Mehrizi, Mahdi (2015), Leadership (Imamat) Theory), Political Science Specialized Quarterly, vol. 4th.
Vaezi, Ahmad (2001), an Income on Hermeneutics, Islamic Thinking and Culture Research Center.
Yousefian, Hassan, (2010), Kalam New, Tehran, Samt Publications.
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