The Factual Consequences of the Presence or Absence of Justice as a Condition for the Governing Positions

Subject Areas : فصلنامه مطالعات میان رشته ای فقه

Teimoor Amin Nasseri ¹ , Dr. Abbas , Samavati ²

1 - Ph.D Student of Islamic Jurisprudence and Law- Ideas of Imam Khomeini, Yadegar-e Imam Khomeini Branch, Islamic Azad University, Shar-e Rey, Tehran, Iran.
2 - Dr. Abbas Samavati, Assistant Professor, Department of Islamic Jurisprudence and Law, Yadegar-e Imam Khomeini Branch, Islamic Azad University, Shar-e Rey, Tehran, Iran.

Received: 2022-05-10 Accepted : 2022-06-01 Published : 2022-06-22

Keywords: Imamiye jurisprudence, factual consequences, condition of justice, governing positions,

Abstract :

According to the Islamic Sharia and Imamiye jurisprudence, justice is a condition for the (ruling) leaders, authorities on matters of religion, judges, leaders of congregational prayers, leaders of mid-day congregational Friday prayers, witnesses, trustees, governors of the property of orphans, executors, depositaries. Ordaining such an obligation signifies the importance of justice in Islamic jurisprudence. Holders of public offices – from the leadership to the lowest positions – have to be qualified for being just as a legal condition, an example of which has been seen in prophetic and Alawite government in early Islam; and, its general mechanism is available in IRI constitution, orders by the leaders of Islamic revolution, and orders relating to the responsibilities and government. The present research aimed at studying the consequences of condition of justice for the ruling positions today and providing some usable strategy for the administrators of the Islamic system. On one hand, the spiritual and material development of society, just wealth distribution, welfare, and security are of potential achievements realizable by implementing the condition of justice for the administrators. On the other hand, lack of justice in the governing positions may result in insecurity, noncooperation, class distinctions, economic injustice and corruption, falsification of reality, and divine and human values. It is of necessity to compensate for legal gaps in implementing the condition of justice for governing positions, especially for the middle positions in the government through a proper legislation and its implementation by the administrators. Using descriptive-analytical methods, the present research proves the necessity of condition of justice for the governing positions and impacts of its presence or absence in the government.