Distributive Justice from the Perspective of Western and Islamic Thinkers
محورهای موضوعی :
Habibullah Shahbazi Naroui
1
,
Masoud Mottalebi
2
,
Ghorbanali Ganji
3
,
Garineh Keshishyan
4
1 - Department of Political Science, South Tehran Branch, Islamic Azad University, Tehran, Iran
2 - Department of Political Science, Central Tehran Branch, Islamic Azad University, Tehran, Iran
3 - Department of Political Science, Azadshahr Branch, Islamic Azad University, Azadshahr, Iran
4 - Department of Political Science, South Tehran Branch, Islamic Azad University, Tehran, Iran & Member of the Western Studies Research Institute
کلید واژه: Justice, Distributive Justice, Moderation,
چکیده مقاله :
Justice has long been a topic of interest and concern in human societies and among scholars. Justice can be considered the ultimate goal of government formation and has always been a fundamental necessity for the collective life of humans throughout history. Distributive justice, the focus of this study, oversees the government's responsibilities towards the people and determines the distribution of occupations, positions, and public wealth. The importance of distributive justice lies in achieving the acceptance of the ruling system and the satisfaction of citizens, leading to stability and the de-velopment of society in various dimensions of collective life, ultimately resulting in national pros-perity. This research aims to analytically and comparatively examine the perspectives of Western and Islamic scholars on distributive justice. The research method is of a library nature. The research findings indicate that distributive justice in the writings of various Western philosophers and think-ers can be found in one of the following four forms: distribution based on merit, distribution based on fairness, distribution based on need, and distribution based on the principle of equality. From the perspective of Islamic scholars, distributive justice emphasizes universal equality of humans, main-taining proportionality in everything, rejecting any form of discrimination, respecting all entitle-ments, equality in benefiting from Bait al-Mal, and belief in the equality of humans before the law.
Justice has long been a topic of interest and concern in human societies and among scholars. Justice can be considered the ultimate goal of government formation and has always been a fundamental necessity for the collective life of humans throughout history. Distributive justice, the focus of this study, oversees the government's responsibilities towards the people and determines the distribution of occupations, positions, and public wealth. The importance of distributive justice lies in achieving the acceptance of the ruling system and the satisfaction of citizens, leading to stability and the de-velopment of society in various dimensions of collective life, ultimately resulting in national pros-perity. This research aims to analytically and comparatively examine the perspectives of Western and Islamic scholars on distributive justice. The research method is of a library nature. The research findings indicate that distributive justice in the writings of various Western philosophers and think-ers can be found in one of the following four forms: distribution based on merit, distribution based on fairness, distribution based on need, and distribution based on the principle of equality. From the perspective of Islamic scholars, distributive justice emphasizes universal equality of humans, main-taining proportionality in everything, rejecting any form of discrimination, respecting all entitle-ments, equality in benefiting from Bait al-Mal, and belief in the equality of humans before the law.
Akhavan Kazemi, Bahram (2009). Interac-tions between Justice and Progress in Quranic Teachings. Islamic Gov-ernment Quarterly. No. 51.
Alam, Abdul Rahman (1998). History of Western Political Philosophy. Teh-ran: Office of Political and Interna-tional Studies.
Aliakbari, Ali Akbar (1998). Political Devel-opment from the Perspective of Imam Ali (AS). Unpublished PhD thesis, Institute for Humanities and Cultural Studies.
Bashiriyeh, Hossein (1997). The History of Political Thought in the Twentieth Century. Vol. 2. Tehran: Nashr-e Ni.
Booshti, Seyed Alireza (2000). Foundations of Epistemology of Social Justice. Tehran: Baqer.
Eivazloo, Hossein (2000). Investigation and Analysis of the Compatibility of Jus-tice and Efficiency Criteria in the Is-lamic Economic System. Un-published doctoral dissertation, Teh-ran, Tarbiat Modares University.
Enayat, Hamid (2011). Foundations of Polit-ical Philosophy in the West. Tehran: Winter Publications.
Gatri, W.K.C. (1996). History of Greek Phi-losophy. Pythagoras and the Pythag-oreans, translated by Mehdi Ghavam Safari, Tehran: Fekr-e Rooz Publica-tions.
Ghani Nezhad, Mosi (2001). Justice, Social Justice, and Economics, Reflections of Thought. No. 15.
Jamshidi, Mohammad Hossein (2001). Theo-ry of Justice. Tehran: Imam Kho-meini Research Institute.
Larijani, Mohammad Javad (1995). Religios-ity, Government, and Development. Contemporary Thought Cultural In-stitute.
Moahed, Mohammad Ali (2003). In the At-mosphere of Righteousness and Jus-tice. Tehran: Karnameh Publica-tions.
Motahhari, Morteza (1996). Divine Justice. Tehran: Sadra Publications.
Paya, Ali (2009). A Comparative Look at Imam Ali's Theory of Justice. Col-lection of Essays on Political Justice in Islam. Tehran: Cultural and So-cial Studies Research Institute.
Payandeh, Abolqasem (1998). Nahj al-Fasaha. Tehran: Javidan Publica-tions.
Qara'ati, Mohsen (2004). Interpretation of Noor. Tehran: Center for Cultural Studies Lessons from the Quran, Volume 1-12.
Rostami, Mohammad Zaman (2005). Justice from the Perspective of Islamic and Western Thinkers, Economic Essays. No. 4, pp. 113-136.
Rousseau, Jean-Jacques (1973). Social Con-tract. Translated by Manuchehr Kia, Tehran: Ganjineh Publications.
Sajjadi, Seyed Jafar (1979). Civil Politics. Tehran: Iranian Philosophy Associa-tion.
Saliba, Jalil (2014). Philosophical Culture. Translated by Manuchehr Sanaei Derbidi, Tehran: Hekmat Publica-tions.
Sayed Reza, Mohammad ibn Hussein (1972). Nahj al-Balaghah. Tehran: Nahj al-Balaghah Foundation.
Sayyid Qutb (1979). Social Justice in Islam. Translated by Sayed Hadi Khosrow-shahi, Qom: Dar al-Fikr.
Sen, Amartya (2013). Justice Thinking. Translated by Vahid Mahmoudi and Hormoz Humayun pour. Tehran: Kandou Kav Publications.
Shakouri, Ali (2016). Exploration of Social Justice Debates between Western and Islamic Thinkers. Quarterly Journal of Social Theories of Muslim Thinkers. Sixth Year, Second Issue, pp. 277-310.
Tafazoli, Fereydoun (1993). History of Eco-nomic Beliefs, From Plato to the Contemporary Period. Tehran, Nashr-e Ni.
Tamimi Amadi, Abdulwahid (1987), Ghorar al-Hikam va Durar al-Kalam, Beirut: Al-Alami Institute for Publications.
Yousefi, Hayatullah (2010). Political Re-sponsibility in Ibn Sina's Political Philosophy. Journal of Political Knowledge. Second Year, Second Is-sue.
2
International Journal of Political Science
ISSN: 2228-6217
Vol 14, No 2, June 2024, (pp. 1-20)
Distributive Justice from the Perspective of Western and Islamic Thinkers
Habibullah Shahbazi Naroui1, Masoud Mottalebi2*, Ghorbanali Ganji3, Garineh Keshishyan4
1 Department of Political Science, South Tehran Branch, Islamic Azad University, Tehran, Iran
2* Department of Political Science, Central Tehran Branch, Islamic Azad University, Tehran, Iran
3 Department of Political Science, Azadshahr Branch, Islamic Azad University, Azadshahr, Iran
4 Department of Political Science, South Tehran Branch, Islamic Azad University, Tehran, Iran
& Member of the Western Studies Research Institute
Received: 25 Feb 2024 ; Accepted: 13 June 2024
Abstract:
Justice has long been a topic of interest and concern in human societies and among scholars. Justice can be considered the ultimate goal of government formation and has always been a fundamental necessity for the collective life of humans throughout history. Distributive justice, the focus of this study, oversees the government's responsibilities towards the people and determines the distribution of occupations, positions, and public wealth. The importance of distributive justice lies in achieving the acceptance of the ruling system and the satisfaction of citizens, leading to stability and the development of society in various dimensions of collective life, ultimately resulting in national prosperity. This research aims to analytically and comparatively examine the perspectives of Western and Islamic scholars on distributive justice. The research method is of a library nature. The research findings indicate that distributive justice in the writings of various Western philosophers and thinkers can be found in one of the following four forms: distribution based on merit, distribution based on fairness, distribution based on need, and distribution based on the principle of equality. From the perspective of Islamic scholars, distributive justice emphasizes universal equality of humans, maintaining proportionality in everything, rejecting any form of discrimination, respecting all entitlements, equality in benefiting from Bait al-Mal, and belief in the equality of humans before the law.
Keywords: Justice, Distributive Justice, Moderation
*Corresponding Author’s Email: mmtph2006@yahoo.com |
Introduction
The inclination towards justice is an accepted subject like humans since justice is the oldest concept that existed in the history of Islamic civilization before the emergence of legal thought and its rules. Humanity has always considered justice as one of its desirable ideals, not only recommended by divine religions but also considered the essence of the invitation of religions to pay attention to justice and its observance in human society. In fact, as an abstract concept, justice has occupied the human mind from ancient times to such an extent that philosophers and intellectuals have paid significant attention to this discussion. Debates about the nature of justice, its types, and other related questions continue to be one of the central issues among them.
They believe that individuals' interest in justice arises from a fundamental natural need. Individuals have different personal needs that are satisfied through interaction with others in the best possible way. These needs encompass a spectrum from economic needs such as money and material facilities to relatively abstract social-emotional needs, such as attention and personal respect. Justice provides individuals with standards to judge whether these complex societal needs are met or not.
The reality is that the perpetual concern of all members of society is justice because the realization of justice is considered the cornerstone of the legitimacy of the ruling power and the foundation for justifying the necessity of the existence of the government. Therefore, justice is one of the key indicators of social welfare in today's world and is considered from various dimensions within the welfare framework. One of these dimensions is distributive justice, which oversees the government's duties towards the people and determines how occupations, positions, and public property are distributed. Distributive justice is perceived by the people as a just administration of consequences and is considered a potential agent with significant applications in various organizational and societal fields.
In this article, an attempt is made to examine justice from the perspective of Western and Islamic scholars. Additionally, justice will be explored from the viewpoint of the Quran, the tradition, the biography of the Prophet (PBUH), and Imam Ali (AS).
Research background
Anderson (2022), in an article titled "Distributive Justice, Social Cooperation, and the Basis of Equality," concluded that the foundation of equality is the ethical dimension of an individual's domain. This understanding of distributive justice can provide a compelling reason to consider ethical character as the basis of equality in this ethical domain.
Noroozi (2022), in a research study titled "A Comparative Study of the Concept of Justice in Islam and Contemporary Human Rights Thought," explored the idea that monotheistic religions, especially Islam, have significantly contributed to the development of more just and humane societies. than any other thought. Therefore, it seems reasonable to strive for inspiration from Islamic teachings in the development of human rights documents. If human rights scholars can find a complete model of human rights in the writings of Islamic thinkers, free from any unilateral bias, the sprouts of the evolution of human rights development will gradually begin.
Azin (2021), in their article "Examining the Concept of Justice in Christian Tradition and the Principle of Enlightenment," concluded that justice in the Enlightenment era is defined by distancing itself from the divine concept and Christian tradition, being formulated within the framework of a social contract. The realization of justice is contingent on the formulation of laws with the majority's consent, ensuring the majority's interests.
Jamalzadeh (2022), in an article titled "Justice in the Social Thought of Medieval Christian Philosophers," concluded that neo-Platonic philosophers primarily viewed justice from an individual perspective. Alongside a reexamination of Aristotelian perspectives, attention to social justice becomes more pronounced.
Byun Ho and Sojung Han (2021), in an article titled "Distributive Justice: Examining the Impact of Resource Concentration and Resource Capacity," have found that distributive justice inherently relates to the fairness of resource allocation decisions. Its effects, generally applicable to various resource exchanges (such as payment, evaluation, and job changes), are comparable and vary depending on the personal capacity associated with a specific resource.
Justice from the perspective of Western thinkers
The concept of justice has been significantly reflected in the thoughts of thinkers and philosophical and intellectual schools, and various interpretations have been made. These interpretations are related to the utilization of social and natural advantages and resources (material resources and talents, positions, and organizational and authoritative roles) accessible to the general public. These can be expressed in concepts and phrases such as equal belonging of resources to everyone, allocation of resources proportional to each person's merit, allocation of resources based on each person's needs, each person's benefit in proportion to their rank and class, and allocation of resources according to the law (Movahed, 2005: p. 47).
Pythagoras speaks of the superiority of divine law in the letter of justice, stating that human laws should be based on it. In his view, individuals possess natural abilities to varying degrees, and wisdom, power, and wealth are more in the hands of those who have the capability and can use them for their own and society's higher interests (Gatari, 1996: p.p. 185-91).
Socrates considered the origin of justice to be the balance of spiritual powers and regarded the greatest effort in life as the struggle against factors that disrupt the harmony of the human soul. In Socrates' view, "the just individual possesses the highest virtue and must take leadership to implement justice. Justice and natural rights must complete, rectify, or soften the law" (Rostami, 2005: p. 290). On an individual level, Socrates considers the balance of spiritual powers as the basis of justice and inherently perceives life as a struggle against conflicting factors of the human soul (Alem, 1998, Vol. 2: p. 80).
Socrates believed that, ethically, humans seek happiness and well-being, and nothing else is their duty. From this perspective, happiness is not achieved through pleasures and desires but rather through resisting psychological inclinations. On a personal level, in his view, individuals' happiness arises from the happiness of the collective, and everyone's happiness depends on fulfilling their duties to others. On the other hand, Socrates believed that the entire universe, like humans, is endowed with reason, as the universe is a systematic and creative order, not chaotic and disorderly, and every matter has a purpose, and the essence of the universe is the ultimate existence of reason. The basis of orderliness is in natural balance, which determines adherence to its natural laws. Therefore, in Socrates' view, worldly affairs have natural rules that human laws must adhere to for happiness to be achieved (Shakouri, 2016: p. 286).
Plato, in his book "The Republic," considered justice as the harmony of spiritual powers under the command of reason (the dominance of reason over anger and desire), the division of tasks based on natural abilities, maximum social desirability, and maximum efficiency in performing duties. In his view, justice means each individual in society has only one task, a task that aligns with their natural talents, and justice is achieved when the government is regulated based on the superior qualities that the wise find. A just government is one in which each person engages in a task befitting them (Salibian, 2013: p. 461).
According to Aristotle, justice is the middle ground in all matters and equality among individuals. A just individual possesses the highest virtue and should take on leadership to implement justice. Natural justice and rights must complement, correct, or soften the law. Aristotle, as a prominent social justice theorist, believed that justice means praising moderation because it takes the middle path in all matters, speaks of the virtue of the mean, and considers every virtue as a mean between excess and deficiency (Enayat, 2011: p. 36). His concept of justice is conformity to the law, based on justice and equality. According to Aristotle, distributive justice is crucial, and justice is not equality but proportion. Thus, the foundation, rights, and privileges of each person in society should be proportional to their merit and knowledge (Enayat, 2011: p. 70).
Cicero defines justice as natural law, a law that is universal, eternal, and necessary for all, including governments. Justice aligns with natural law, and human reason dictates this because it is determined by God (Aalam, 1998: p.p. 185-170). According to Cicero, all laws must harmonize with natural law to be just, as human reason serves as the criterion for the consistency of laws with natural law, which God has ordained (Tafazoli, 1993: p.p. 15-14).
Aquinas viewed justice as controlling economic and social inequalities, seeking the extension of natural justice in social life. He advocated for limited private ownership, income, and wages based on effort, efficiency, and balanced living for everyone, emphasizing the absence of wealth concentration (Rostami, 2005: p.p. 291-290).
According to Hobbes, humans are inherently wicked, and the recommendation "do not do to others what you do not want done to yourself" arises from the instinct of self-preservation and perpetuity. Therefore, the issue of contract forms the basis of social and political life, where adherence to it allows each person to fulfill their natural right (self-preservation) and is not considered a danger to others. In this perspective, justice is not an independent moral principle but a matter of agreement. Hobbes sees justice as fulfilling commitments that an individual willingly agrees to, making justice synonymous with contracts. Influenced by Hobbes, Hume viewed justice as securing mutual benefits, and justice arises where their interests are involved. Thus, people can reach a fair agreement and set a contract based on individual interest and fairness (Bashiriyeh, 2000: p. 116).
John Locke, the enlightened thinker of the 18th-19th century A.D., considered justice to be governed by the natural law inherent in creation, and the duty of government to ensure it. He believed that as a result of labor, natural commonwealth becomes property; however, this natural right has limits and should not be accompanied by extravagance in the fruits of others' labor (Jamshidi, 2001: p. 76).
According to him, natural law forms the basis of creation, and the government is obliged to guarantee it. No one can claim absolute truth, and all are, in a negative sense, equal in status; meaning, they are ignorant in relative terms and, as a result, have no right to impose their beliefs on others or prevent others from expressing their beliefs. In his view, every human being born has the right to life. Essentially, the philosophy of creation is primarily about life. This innate and natural right originates from divine sources, and no one can deprive others of this right. This right imposes the duty to protect the right (in defense of one's life and respect for the rights of others without infringing on their rights). This is the same natural law that humans understand with their reason and are morally obligated to observe. From the right to life, other derived rights include the right to freedom of choosing one's way of life and pursuing happiness and property rights. These rights, like the right to life, are intrinsic and are limited not by individual wills but by the laws of nature. In Locke's perspective, human activity is an extension of the right to life and takes place in its pursuit; therefore, the acquisition of its fruits is undeniable. Hence, no one can take ownership away from them. The government's duty is also the duty to protect life and property (natural rights, the law of nature), no more. Since the government is a contractual phenomenon formed by individuals based on the consent of the numerical majority in the secondary (political or civil) society to escape from the natural state (prone to chaos and violation of the rights of the weak) and uphold natural rights.
A just society is a society aligned with natural rights, prevalent in civil society more than anything. In essence, humans entering the civil or political world are for the protection of the possessions acquired naturally. According to Locke, "the natural property right is connected with the fundamental right to self-preservation," because it does not arise from contracts but this natural right has limits, and it should not include objects obtained by others beforehand (Ghani Nejad, 1999: p. 167).
Montesquieu was a supporter of natural rights. From Montesquieu's perspective, natural law, meaning necessary relations produced by nature, governs all beings, and this creates the basis for justice in humans, which precedes positive human laws. According to him, natural laws governing creation and humans, and positive laws, must be based on justice, bring society into balance, and satisfy its needs (Jamshidi, 2001: p. 78).
Thinkers like Rousseau emphasize common interests in explaining justice because "whatever contributes to the welfare of society directly benefits us and constitutes our well-being." They, due to the universality of justice, argue that the origin of justice is the common benefit. Reflecting on the beneficial results of this virtue is the unique foundation of its nobility (Rousseau, 1352: 144). Rousseau, in explaining justice with a focus on common interests resulting from faith, love, and education, believes that small inequalities are necessary for the continuation of life, but social institutions turn them into social inequalities, alienating humans from freedom and equality. According to him, the most important non-natural factor is private property (Rousseau, 1973: p. 34).
According to Kant, justice arises from the social contract in such a way that humans believe in natural rights and the necessity of discovering them through reason and self-struggle (Rousseau, 1973: p. 185).
John Rawls considered the goal of thought to be the attainment of truth, and the goal of social institutions to achieve justice. In his view, justice is a framework in which individuals have the opportunity to achieve their goals because he regarded efficiency as inseparable from justice. According to him, justice involves eliminating unfair advantages and creating a real balance between conflicting human desires (Haj Hosseini, 2002: p. 40).
In Rawls's belief, the right to property should be formulated in a way that allows each individual to develop their abilities and take on their role in social equilibrium. This, according to him, is only achievable based on principles such as:
a) Each individual should have the right to access the broadest fundamental freedoms (the right to vote, political office, freedom of expression, and security), and in this matter, their rights should be compatible with the similar access of others to these fundamental freedoms.
b) Social and economic inequalities should be regulated in a way that ultimately benefits everyone and is open to government officials for everyone.
In the theory of justice as fairness, the original position, based on equality, plays the same role as the natural state in social contract theories. However, it is a completely hypothetical situation where no one knows their position, class, or situation in society. People are unaware of their innate and natural abilities, such as reason and talent, and are behind a veil of ignorance. Since everyone starts in a similar position and no one can envision a starting point that gives them an advantage based on their personal characteristics, the original position is, therefore, uniform and fair in this scenario.
Rawls sees the general concept of justice as fairness, requiring the equal distribution of all primary social goods, such as rights, freedoms, income, wealth, opportunities, and human dignity. Unless unequal distribution has greater advantages for the lowest strata of society. Rawls introduces the foundations of justice that individuals can agree upon in the original position. He presents the following two principles:
The first principle states that each person is to have an equal right to the most extensive basic liberties compatible with a similar system of liberty for all.
The second principle requires that social and economic inequalities be arranged so that:
a) They are to the greatest benefit of the least advantaged members of society.
b) Positions and offices must be open to everyone under conditions of fair equality (Larijani, 1998: p. 133).
Amartya Sen uses a broad conceptual space in explaining his understanding of the theory of justice because he attempts to illuminate how one can address issues that enhance justice and eliminate injustice. Within this framework, the emphasis of recent texts in the justice debate is on the distribution of basic capabilities, including rights, freedoms, opportunities, income, wealth, and self-respect. However, it is noted that since the transformation of basic capabilities into the freedom of choice varies in the combination of functions and achievements for different individuals, equality in possessing basic capabilities may be accompanied by serious inequalities.
On one hand, individuals' ability to use different capabilities varies. A disabled person, despite having more basic capabilities, may have less capability, and a person more vulnerable to diseases, despite having more and better food, may have less health. This is also evident in the economic field of different countries. Additionally, two individuals with the same capabilities and even the same goals may have different achievements.
From Sen's perspective, justice must be considered beyond basic capabilities and factors influencing well-being and even the causes of individuals' capabilities. In his view, the perspective of capabilities, although central to the concept of justice, is not sufficient. He considers fair judgment in evaluating capabilities and outcomes for achieving necessary justice. Just as he considers a person with a high income but suffering from kidney failure poorer than a healthy person with a low income. He believes that equality in basic capabilities, when needs are different, cannot meet the needs equally. Also, because equalizing the weight of well-being for individuals is not possible, maximizing collective well-being cannot be considered a requirement of equality. He defends inequality if it leads to increased efficiency or motivation for advancement and goals. He believes that if more capable individuals are given more capabilities in governance, it will benefit everyone. In another example, he says that technology that comes with inseparable economic opportunities can lead to collective goals with operational inequality. He accepts Rawls's argument that giving more capabilities to more skilled individuals are unfair as long as each person has an equal opportunity to compete (Sen, 2013: p.p. 109-97).
Justice, from the perspective of other theorists such as Krause, Rawls, and Wolf, is also defined as the conflict between the individual and society and interpretations of partiality and generality that inherently reconcile and create real balance and prioritize individual and collective rights. According to those who were in search of global justice and world peace, just justice is a mediator between reason, benevolence, forgiveness, love, and intellect (Eivazloo, 2000: p. 25).
Summary of (justice from the perspective of western thinkers) | |
Pythagoras | Justice is the consideration of individual abilities, which is realized by respecting the rights of people based on their natural talent, and people are placed in a special position based on these talents. |
Socrates | Justice in human existence is a kind of internal harmony and harmony, and this means the same fair action or beneficial action that occurs when a person is under the rule of a will separate from duality and is away from any action that causes disharmony within him. Socrates considers the origin of justice to be the balance of spiritual forces and considers the greatest effort in life to be the struggle against the disharmonizing factors of the human soul. |
Plato | Justice means placing everyone in every class (commoners, soldiers and rulers) in their proper place. According to Plato, justice is that each member of the society should be satisfied with the status and position they have in the society and accept it. |
Aristotle | Justice means compliance with laws and regulations. He considers justice to be average in all affairs and equality among equal people. |
Cicero | Justice is the harmony between the laws of society and the natural law that God has ordained. From his point of view, justice is natural law and natural law is the same everywhere, immutable, eternal and binding for all and all governments. All laws must be in harmony with natural law to be just. |
Aquinas | Justice means controlling the inequalities of society, including economic and social inequalities. Aquinas considers limited private property, income and fair wages based on effort and productivity, fair price based on production cost, balanced life for all and lack of concentration of wealth as the basis of justice. |
Hobbs | Justice is the fulfillment of obligations that a person has agreed to fulfill out of self-interest. According to Hobbes, justice is the fulfillment of the obligations to which a person has consented out of self-interest. So justice is a contract. |
Locke | Justice means the natural law governing creation with the guarantee of government. He believed that justice is the natural law that governs creation and the government's duty to ensure it. He believed that as a result of work, common natural resources become property, but this natural right has a limit and should not be accompanied by wasting the results of other people's work. |
Montesquieu | Justice means the natural laws that govern creation, human beings and the laws that balance the relations of the society and satisfy the needs of the people. In his opinion, the natural laws governing creation and man and the subject laws should be formed based on justice, balance the relations of the society and satisfy its needs. |
Hume | Justice means consideration and provision of mutual benefits. Hume saw justice in providing mutual benefits. The issue of justice arises in a place where their interests are at stake. Therefore, people can reach an agreement and establish a contract about fair action. Such a contract should be considered fair, considering individual interest. |
Rousseau | Justice is the attention to common interests resulting from faith, love and education of human beings without private property. In explaining justice, Rousseau emphasizes common interests, because "whatever leads to the good fortune of society is directly pleasing to us and a source of our pleasure." This is due to the universality of justice, so: the benefit of all is the source of justice. |
Kant | Justice is a result of the social contract so that humans believe in natural rights and the need to discover them through the method of reasoning and fighting against the ego. |
Amartya Sen | Justice is beyond basic facilities such as rights, freedom, opportunity, income, wealth, self-esteem, etc., and the factors that affect well-being, and in this way, the capabilities of individuals and fair judgment should be taken into account in the assessment of facilities. |
Gratius Leibniz | Justice is the conflict between the individual and the society and the partial and holistic interpretations, which is inherently coordinating, which creates a real balance and precedes individual and collective rights. And this means: rationality, benevolence, forgiveness, love and mediation between love and reason. |
Justice means fairness; It means that people achieve their goals by using access to the widest freedoms such as the right of expression, the right to security, the elimination of social and economic inequalities and equal rights. In the theory of justice as fairness, Rawls considers the basic idea of justice to be fairness. In the theory of justice as fairness, the basic situation based on equality plays the same role as the natural situation played in social contract theories. Rather, the situation is completely hypothetical, through which a certain idea of justice can be reached. Rawls considers the general concept of justice as fairness to require that all basic social goods such as rights, liberties, income, wealth, opportunities and human dignity are equally distributed. Unless the unequal distribution has a greater advantage for the lowest strata of society. Rawls introduces the principles of justice that humans can agree on in the initial situation in the following two principles; The first principle is that everyone should enjoy equal rights in the broadest system of equal fundamental liberties compatible with the same system for all other people. The second principle, social and economic inequalities must be arranged in such a way that; a) to have the most benefits for the most deprived groups of the society. b) Positions and positions must be available to everyone under fair and equal conditions. | |
Justice from the perspective of the Quran, the Prophet (PBUH), and Imam Ali (AS)
In the Noble Quran, numerous verses discuss concepts such as "justice," "equity," "scale," "straight path," and "balance." For example, verse 116 in Surah Al-An'am, verse 25 in Surah Al-Hadid, verse 25 in Surah An-Nisa, and verse 9 in Surah Al-Hujurat perceive justice as the foundation of creation. Similarly, verse 21 in Surah Aal-e-Imran and verse 85 in Surah Hud emphasize equity in establishing justice and fair judgment. Likewise, verse 112 in Surah Hud and verse 22 in Surah Al-Mulk highlight the importance of steadfastness, integrity on the right path, and maintaining balance. All these verses indicate that in the sacred system of Islam, justice is a rational and ethical sign of a healthy society, laying the groundwork for all virtues and human rights preservation (Qera'ati, 2004, Vol. 4, p. 570).
According to the Prophet (PBUH), justice and its principles revolve around four axes: universal equality of humans, freedom and choice, genuine faith and belief in justice, and thought and will (Payandeh, 1998, p.p. 606-590).
In Imam Ali's (AS) perspective, justice is a reflection of divine justice and order governing the universe and nature. It is, in his view, a manifestation rooted in divine revelation, with its foundations and sources being faith-based and grounded in Sharia. According to him, justice is a tangible and concrete concept that everyone can understand.
Imam Ali (AS) considers justice as the key to human stability, the foundation of governance, synonymous with justice, human virtue, the virtue of the ruler, the richest wealth, the organizer of citizens, the beauty of rulers, the continuity of power, the beauty of politics, the organizer and savior of the state, the best policies, the resolver of conflicts, and the factor of unity (Tameemi Amadi, 1987, p. 13, 338). He deems it the pinnacle of faith and equivalent to benevolence, the highest level of faith (Mohammadi Rey Shahri, 1983, Vol. 6, p. 81). Justice is not only an indication of its importance for a rational human life, but it is also an inherent value for human society. Imam Ali (AS) places justice alongside jihad, patience, and certainty as one of the pillars of the quadrangle of faith. He explains justice in the branches of "precision in understanding, reaching the truth with knowledge, good judgment, and having perseverance" and adds: "So whoever understands, acquires knowledge; and whoever acquires knowledge, issues good judgments based on the principles of religion and whoever is patient, does not fall short in his work" (Seyed Reza, 1972, p. 1099). In this sense, Imam Ali (AS) understands justice as comprehension, knowledge, judgment based on knowledge, and perseverance in its execution, which is the implementation of the truth of religion.
The concept of justice from the perspective of Imam Ali (AS) is described within the following framework:
a) Justice as a reflection of piety: One of the significant sayings of Imam Ali (AS) regarding justice emphasizes its centrality to politics, stating, "The criterion and measure of politics is justice" (Tameemi Amadi, 1987, p. 278). According to this narration, justice is the essential core of politics in the view of Imam Ali (AS). His approach to politics involves achieving prosperity and abstinence, with justice as its foundation (Derakhsheh, 2003, p. 10). Imam Ali (AS) attributes divine piety to the initiation of justice, framing politics within its meaningful context. This implies that one aspect of justice in his perspective aligns with divine piety, avoiding deception and oppression.
b) Justice as a manifestation of wisdom: According to Imam Ali (AS), justice allocates things to their rightful place, and its benevolence extends universally, while forgiveness is granted only to the deserving (Seyed Reza, 1972, p. 1290). From his perspective, justice surpasses forgiveness as it can preserve the balance of human society, ensuring tranquility within it. This broad and inclusive meaning of justice encompasses social and ethical justice. Achieving such balance in society is not possible without rejecting discrimination, respecting qualifications and merits, and granting everyone their rights.
c) Justice as a manifestation of fairness: Another interpretation of justice from Imam Ali's (AS) viewpoint is fairness. He states, "Justice is fairness, and benevolence is forgiveness" (Seyed Reza, 1972, p. 1188). Regarding fairness, he adds, "Fairness eliminates differences and dispersions, fostering unity" (Tameemi Amadi, 1987, p. 82). Imam Ali (AS) essentially considers human self as the measure and scale of justice, emphasizing its observance, not only at the individual level but also at societal, political, and economic levels.
d) Justice as a negation of discrimination: Undoubtedly, one of the most tangible aspects of justice is in the political and economic domains, which can be interpreted as social justice. The practical outcomes of Imam's discussions, especially during his governance, were dedicated to this area, embodying divine justice. His governance is regarded as the most exemplary form of just rule in human history. In this aspect, justice includes opposition to oppression, equality in material and financial rights, judicial justice, rejection of national and tribal superiority, and the avoidance of excess that Imam Ali (AS) focused on.
By studying the thoughts and biography of Imam Ali (AS), it becomes evident that justice in his perspective means maintaining proportionality, placing each thing in its rightful place, individual and societal virtues, negation of any form of discrimination, and respecting all entitlements. The components of justice, according to him, are based on six principles: belief in the equality of humans in humanity, belief in the equality of humans before the law, equality in benefiting from the public treasury, equality in referring to the judiciary, just handling of lawsuits, emphasis on fighting against oppressors, supporting the oppressed, and the tangible nature of justice (Payā, 2009, p. 277).
Summary of (Justice from the perspective of the Qur'an, the Prophet (PBUH) and Imam Ali (AS)) | |
The Holy Quran | In the Noble Quran, numerous verses use concepts such as "justice," "equity," "balance," "straight path," and "scale." For example, verse 116 in Surah An'am, verse 25 in Surah Al-Hadid, verse 25 in Surah An-Nisa, and verse 9 in Surah Al-Hujurat consider justice as the foundation of creation. Similarly, verse 21 in Surah Al-Imran and verse 85 in Surah Hud emphasize equity in establishing justice and fair trade. Likewise, verse 112 in Surah Hud and verse 22 in Surah Al-Mulk stresses the importance of avoiding deviation, maintaining steadfastness on the right path, and observing moderation. All these verses indicate that in the sacred system of Islam, justice is a rational and ethical sign of the health of a society, serving as the foundation for all virtues and excellences, and safeguarding the rights and dignity of humanity. In the system of creation, it is the key to stability, and in the system of legislation, it is the cornerstone of the invitation of all prophets. |
Prophet (PBUH) | From the point of view of the Prophet (PBUH), justice and its related principles are based on four axes: equality of all human beings, freedom and choice, faith and true belief in justice, thought and will (choice). |
Imam Ali (AS) | By studying the thought and life of Imam Ali (AS), it can be seen that justice in his vision means observing the proportion between everything; Putting everything in its place is an individual and social virtue, negation of any discrimination and observance of all rights, divine piety and a divine attribute can be inferred. And its components, from his point of view, are based on six principles; Belief in the equality of humans in humanity, belief in the equality of humans before the law, equality in benefiting from the treasury, equality in referring to the court and fair handling of disputes, emphasizing the fight against oppressors and supporting the oppressed and the objectivity of justice. |
Justice from the perspective of Islamic thinkers
Justice is of significant concern to Islamic philosophers and thinkers, with two main foundations. One of the foundations of this type of justice is Islamic teachings.
Al-Farabi is the first and often considered the last philosopher of the Islamic system. In reality, he is the first major thinker of the Islamic era who, from the perspective of the history of political thought and practical wisdom, and influenced by Greek philosophers, Shia theology, and Persian urban thought, delved deeply into the nature of society and human relations with it (Akhavan Kazemi, 2009, p. 139). Generally, in the works of Al-Farabi, the following perspectives and definitions for justice can be discerned.
Justice is the inherent property of the ruling order of existence. In the system of existence, each being is in its real position, and its real right is manifested, fulfilling its duty in a constructive manner (Rostami, 2005, p. 261). "Justice in existence is the effect of the cause of all causes, which is justice itself... The effusion of justice and its perfection. Although the classes of things in the world under the moon are the result of the composition of matter and form, these actions and reactions take place on the basis of the norms and in complete justice and management; as if... the material world also, due to divine justice, moves towards perfection in a just system" (Akhavan Kazemi, 2009, p 4). From this, Al-Farabi deduces the next principle that, since the city must also be based on and proportionate to the order of the universe, the place of each individual in it must also be in accordance with justice.
Justice means the realization of potentials and the observance of deservedness and ranks, without absolute equality. In this concept, justice means the fulfillment of the eligibility of each thing. According to Al-Farabi, human individuals are not equal; rather, they are placed in a hierarchical series of abilities and talents. This is in accordance with the order of creation, which is based on the hierarchy and variety of abilities (Sajjadi, 1979, p. 161).
Justice does not mean the unequal distribution of common goods. The social and political system, from Al-Farabi's perspective, which is drawn based on eligibility, merit, and deservedness, is not characterized by unequal and discriminatory group-based distribution of public goods (Rostami, 2005, p. 261).
Avicenna perceives society as a platform towards perfection and considers differences in abilities as the only reason for the division of social tasks and responsibilities. According to him, based on participation and coexistence, society can establish a balanced community where there is no domination, discrimination, and class-based inequalities. He defines justice as the middle way of human virtues, namely, chastity, courage, and wisdom (Rostami, 1979, p. 297). He believes that the best just law is based on Sharia, as it has a divine origin and infallibility for recognizing rights and ensuring justice. This best law is within the politics of Sharia, and the most virtuous political leader is the just Prophet/Imam/Jurisprudent. Whenever a social order or Islamic government is described as "just," it means that the law governing the Islamic society is just. Ibn Sina's emphasis on moderation is the basis for defining the household's income and expenditure; moderation and economy that neither lead to extravagance nor create a breeding ground for poverty and destitution. Similarly, he considers behavioral moderation in the upbringing of virtuous souls as the real criterion for sound management (Yousefi, 2010, p 94-67).
According to Seyyed Qutb, the significance of justice in Islam is achievable only through a comprehensive understanding of the Islamic worldview concerning theology, existence, and humanity. He interprets the foundations of social justice based on absolute freedom of conscience, complete human equality, and sustainable social evolution (Seyyed Qutb, 1979, pp. 63-61). In his view, Islam relies on two major principles for achieving social justice: comprehensive and proportionate unity and mutual support among individuals and communities. Considering these principles and the Islamic emphasis on interconnected values, the expansion of justice becomes facilitated. Seyyed Qutb considers denying physical, intellectual, and spiritual talents as irrational and harmful. He advocates providing opportunities for various talents to flourish for the highest outcomes, asserting that justice is not equalizing the abilities of the weak and the strong but creating equal conditions for all without regard to race and other social constraints. Moreover, Islam, according to him, doesn't view economic equality as lawful, as absolute justice requires different economic statuses among people, with some groups excelling over others. However, these differences can be moderated by ensuring equal conditions and opportunities without considering race and other social restrictions. Furthermore, he believes that Islam relies not only on economic values but also on spiritual and human values such as friendship, righteous deeds, and piety, and these apparent differences are reconciled (Seyyed Qutb, 1979, p.p. 171-123).
Imam Khomeini sees justice as the essence of all beings and the concentrated form of the entire universe. The mission of the prophets is to actualize this potential and strive for social and inner justice in humans. Justice is the straight path leading humanity to divine perfection. In practical terms, the ownership boundaries and consumption levels should be based on rights and justice, aiming for maximum productivity, and growth, and ensuring social justice.
Ragheb Isfahani believes that justice implies equality, the equal distribution of resources. Sheikh Tusi defines justice as ensuring that individuals have balanced and equal conditions. Allameh Tabatabai defines justice as ensuring that every force or right reaches its rightful place and is allocated where it deserves (Aliakbari, 1998, p. 97).
Morteza Motahari describes his perspective on justice in the book "Divine Justice" as follows:
Balance and equilibrium: Since the existence of the world is balanced and harmonious, societal affairs should also be balanced. He bases this on the principle of proportion (Motahhari, 1998, Vol. 2, p. 72).
Equality and rejection of discrimination: The goal is to observe equality in individuals' entitlements, eliminating discrimination based on respect for differences among people (Motahhari, 1998, Vol. 3, p. 82).
Respecting individuals' rights and granting the right to the rightful owner: Motahhari considers justice reliant on two things—rights and priorities that some human individuals have relative to others and the nature of human qualities that, through ethical thought, serve as tools for achieving their goals. Therefore, to achieve the happiness of society, a set of rights and priorities must be observed (Motahhari, 1998, Vol. 4, p. 82).
In the realm of justice, the emphasis is largely on the third definition according to Mottahari, who underscores that, in accordance with the principle of equality in the law, human beings should be looked upon with the same eyes, and the law should not discriminate among individuals but rather observe their entitlements. Individuals who are equal in nature should be treated equally by the law. Therefore, those who are not in equal conditions themselves should not be treated equally by the law; instead, the law should behave towards them in accordance with their own circumstances. Based on this, Mottahari considers creating equal opportunities for everyone as the duty of the Islamic government. In his view, many subsequent social discriminations will have their roots in differences or discriminations in this regard. He suggests addressing the equalization of primary ownership opportunities based on work, not other privileges (Motahari, 1998, Vol. 4, p. 312).
According to Motahari, justice does not need a definition, as human beings more or less recognize oppression and correctly understand that justice is the antithesis of oppression and discrimination. In his perspective, justice is that each individual is given what he deserves and the right that he has acquired through his own creation and his work and activity (Caplestone, 2014, p.p. 466-465).
Summary of (Justice from the perspective of Islamic thinkers) | |
al-Farabi | To explain the meaning of justice according to al-Farabi, the following framework can be presented; A) universe is based on moderation and everything has been placed in its true place and received its true right and fulfills its main duty. b) The system of existence is the field of perfection (happiness) of man, and perfection and all virtues come only from spiritual moderation. c) Justice means the realization of talent. Every object can take many forms, and it is fair to give every object a more perfect shape and become more beautiful, stronger and useful. d) Humans should develop all their talents and reach perfection. They (like all beings in the world) should be placed in a hierarchical system based on their talents. e) The human soul is composed of many powers, and moderation in its powers is called justice. None of the forces, desires and instincts are superfluous, and the individual and social life system should be formed in such a way that it saturates all of them in a moderate way.
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Abu Ali Sina | Abu Ali Sina, like al-Farabi, considers the society as a platform for moving towards perfection and considers the difference in abilities to be the only issue of division of labor and division of social responsibilities, which can create a balanced society (without domination and discrimination) based on participation and coexistence. He calls the sum of the three virtues of chastity, courage and wisdom, which are the average of human qualities, as justice.
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Seyyed Qutb | Justice is equal, with all-round attention to different aspects of life, including material and spiritual, religious and worldly, in the form of unity, he considers the social foundations based on absolute freedom, conscience, complete human equality and sustainable social evolution.
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Ibn Moskouieh | Justice is a virtue for the soul, from the collection of three virtues, which are: wisdom, chastity, and courage, and that is when each of these powers is mildly compatible with the others and all submit to the speaking power; And from this state, a trait emerges for a human being that he chooses fairness and expects the same from others.
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Khajeh Nasiruddin | He considers justice as the heart of the economy and other issues as its organs and sub-members, and if there is exploitation in a society, that society is suffering from a heart disease.
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Mulla Sadra | Justice is the cause or the essence of safety and security, through which the value of everything is known, with which words, actions, and intentions are calculated; if it is realized, it will be a cause for hope because civilization will be established and the society will enjoy stability and moderation, and this means that the happiness of the society depends on the realization of justice.
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Imam Khomeini | Justice means the transformation of man from potential to actual. Justice means the equality of all people in society, which leads to spiritual and human perfection. Justice is the direct path of human progress to divine perfection. In the field of practice, the limits of ownership and the amount of consumption should be based on right and justice and in the direction of maximum productivity and growth and provision of social justice.
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Sadr | Justice is the guidance of talents for an unstoppable movement based on the natural differences of people, naming ownership of work and real individual and social needs, the principle of meeting real needs, benevolence, and the principle of maximum productivity to achieve real and legal equality. Justice is the primary condition for the growth of other sports, which is based on the two pillars of general takaful and social balance. The balance of society's people is in terms of livelihood, not income. Takaful means paying attention to the interests of society thinking together and helping to achieve social justice, the flourishing of talents, and productivity. |
Morteza Motahari | Justice means balancedness and balance, equality and negation of any discrimination, respecting the rights of individuals, and granting every right to the rightful, in more precise terms; Justice is a concept that maintains the balance of society and keeps everyone satisfied while injecting the spirit of health and peace into the society. He considers justice to mean the creation of equal legal opportunities for everyone and the implementation of the law equally, and he considers the equitable distribution of resources and natural raw materials among individuals as one of the duties of the Islamic State. Because the difference in the acquisition of this initial capital will cause subsequent social differences and discrimination in this case will be the root of many conflicts. |
Ragheb Esfahani | Justice means equality, and dividing equally is justice. |
Sheikh Tusi | Justice is for a person to have an equal and balanced situation. |
Allameh Tabatabai | Justice is that every force has every right to get what it deserves and be placed where it deserves. |
Conclusion
Justice has been a significant concern for humanity. The ideal of justice is so extensive and universal that it can be said humans possess a sense of justice. Throughout different eras and civilizations, despite noticeable differences and extraordinary distinctions among societies and civilizations, the pursuit of justice and the inclination towards it have been ingrained in human nature. Many Western thinkers consider natural rights, the laws governing creation and humanity, as immutable principles essential for human fulfillment and happiness. According to them, it is the duty of humans to discover these rights, and governments and legal systems should be based on them to achieve social equilibrium.
Justice, as the middle ground in affairs, equal opportunities among individuals, the distribution of tasks based on natural talents, placing each person in their appropriate position, and adherence to laws and regulations, is the key. It involves defining property rights in a way that allows individuals to manifest their capabilities, limits inequalities, enhances efficiency for the common good, and improves the long-term situation of the most deprived classes.
From an Islamic perspective, justice goes beyond national, tribal, religious, and geographical borders. Ethical teachings in the Quran, where justice is emphasized and recommended, along with the traditions of Prophet Muhammad and the profound statements of the infallible Imams, particularly the words of Ali, indicate that achieving justice is one of the ideals of Islam.
Islamic scholars worldwide believe that the world is based on moderation, where everything is in its rightful place. Justice, in the sense of realizing potential, placing everything in its proper place, ensuring rights are given to their rightful owners, respecting entitlements, rejecting discrimination and absolute equality, promoting fairness, and achieving balance, is considered as a form of moderation and equilibrium in Islam. It involves respecting individuals' rights and granting each their deserved rights.
References:
Akhavan Kazemi, Bahram (2009). Interactions between Justice and Progress in Quranic Teachings. Islamic Government Quarterly. No. 51.
Alam, Abdul Rahman (1998). History of Western Political Philosophy. Tehran: Office of Political and International Studies.
Aliakbari, Ali Akbar (1998). Political Development from the Perspective of Imam Ali (AS). Unpublished PhD thesis, Institute for Humanities and Cultural Studies.
Bashiriyeh, Hossein (1997). The History of Political Thought in the Twentieth Century. Vol. 2. Tehran: Nashr-e Ni.
Booshti, Seyed Alireza (2000). Foundations of Epistemology of Social Justice. Tehran: Baqer.
Eivazloo, Hossein (2000). Investigation and Analysis of the Compatibility of Justice and Efficiency Criteria in the Islamic Economic System. Unpublished doctoral dissertation, Tehran, Tarbiat Modares University.
Enayat, Hamid (2011). Foundations of Political Philosophy in the West. Tehran: Winter Publications.
Gatri, W.K.C. (1996). History of Greek Philosophy. Pythagoras and the Pythagoreans, translated by Mehdi Ghavam Safari, Tehran: Fekr-e Rooz Publications.
Ghani Nezhad, Mosi (2001). Justice, Social Justice, and Economics, Reflections of Thought. No. 15.
Jamshidi, Mohammad Hossein (2001). Theory of Justice. Tehran: Imam Khomeini Research Institute.
Larijani, Mohammad Javad (1995). Religiosity, Government, and Development. Contemporary Thought Cultural Institute.
Moahed, Mohammad Ali (2003). In the Atmosphere of Righteousness and Justice. Tehran: Karnameh Publications.
Motahhari, Morteza (1996). Divine Justice. Tehran: Sadra Publications.
Paya, Ali (2009). A Comparative Look at Imam Ali's Theory of Justice. Collection of Essays on Political Justice in Islam. Tehran: Cultural and Social Studies Research Institute.
Payandeh, Abolqasem (1998). Nahj al-Fasaha. Tehran: Javidan Publications.
Qara'ati, Mohsen (2004). Interpretation of Noor. Tehran: Center for Cultural Studies Lessons from the Quran, Volume 1-12.
Rostami, Mohammad Zaman (2005). Justice from the Perspective of Islamic and Western Thinkers, Economic Essays. No. 4, pp. 113-136.
Rousseau, Jean-Jacques (1973). Social Contract. Translated by Manuchehr Kia, Tehran: Ganjineh Publications.
Sajjadi, Seyed Jafar (1979). Civil Politics. Tehran: Iranian Philosophy Association.
Saliba, Jalil (2014). Philosophical Culture. Translated by Manuchehr Sanaei Derbidi, Tehran: Hekmat Publications.
Sayed Reza, Mohammad ibn Hussein (1972). Nahj al-Balaghah. Tehran: Nahj al-Balaghah Foundation.
Sayyid Qutb (1979). Social Justice in Islam. Translated by Sayed Hadi Khosrowshahi, Qom: Dar al-Fikr.
Sen, Amartya (2013). Justice Thinking. Translated by Vahid Mahmoudi and Hormoz Humayun pour. Tehran: Kandou Kav Publications.
Shakouri, Ali (2016). Exploration of Social Justice Debates between Western and Islamic Thinkers. Quarterly Journal of Social Theories of Muslim Thinkers. Sixth Year, Second Issue, pp. 277-310.
Tafazoli, Fereydoun (1993). History of Economic Beliefs, From Plato to the Contemporary Period. Tehran, Nashr-e Ni.
Tamimi Amadi, Abdulwahid (1987), Ghorar al-Hikam va Durar al-Kalam, Beirut: Al-Alami Institute for Publications.
Yousefi, Hayatullah (2010). Political Responsibility in Ibn Sina's Political Philosophy. Journal of Political Knowledge. Second Year, Second Issue.
