A Feasibility Study of Plurality of Authorities in the Age of Nations-States in the Views of Imamiyeh Jurisprudence and International Law System
Subject Areas : Private law
Mahdieh
Zarea KHormizi
1
(PhD Student in Jurisprudence and Fundamentals of Islamic Law, Faculty of Literature and Humanities, Islamic Azad University, Central Tehran Branch, Tehran, Iran)
Sayyad Mohammad
Haydari KHormizi
2
(Assistant Professor, Department of Jurisprudence and Fundamentals of Law, Faculty of Theology, Shahid Mahallati Higher Education Complex, Qom, Iran)
Ebrahim
Yaghoti
3
(Assistant Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Faculty of Literature and Humanities, Islamic Azad University, Central Tehran Branch, Tehran, Iran.)
Keywords: Imamiyeh Jurisprudence, Absolute Authority, Borderless Authority, Plurality of Authorities, International Legal Sytem,
Abstract :
According to Imamiyeh jurisprudence, an all-qualified authoritative jurist after the establishment of Islamic government enjoys a borderless all-inclusive guardianship over world Muslims. Based on the theory of appointment, every all-qualified jurist possess an authoritative guardianship position, however, in the contemporary world, due to political considerations, an all-inclusive borderless guardianship of jurist over Muslims is challenged by international law system. Thus, the current research is an attempt to study the feasibility of the polarity of authorities in the age of nations-states and then develop a strategy which helps the goals of the guardianship system of jurists fulfilled. It is concluded that, there is not any inherent limitation in Imamiyeh jurisprudence for applying absolute authority but its feasibility beyond borders is challenged by political impediments (also called international legal system). Thus, considering these limitations, the theory of plurality of authorities is not only beyond the boundaries of flaw but also serves as the best strategy for fulfillment of new Islamic civilization.
_||_