نوع مقاله : علمی پژوهشی
نویسندگان
1 استادیار، گروه علوم قرآن و حدیث، دانشکدۀ الهیات، دانشگاه مازندران، بابلسر، ایران.
2 دکتری تخصصی فقه و مبانی حقوق، دانشگاه مازندران، بابلسر، ایران.
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
This research aims to elucidate the limits and foundations of the responsibility of the Islamic ruler (Ḥākim) in issuing governmental decrees related to public necessities and the regulation of acts of worship (ʿIbādāt), by examining the mechanism of liability in Imami jurisprudence. Governmental decrees in the domain of managing public necessities and organizing worship practices fall within the legitimate authority of the ruler. However, the scope of these decrees' influence and the practical reliance of the people upon them mean that errors in assessing the subject matter, the public interest, or the method of implementation can lead to financial, devotional, and social harms. By analyzing legal principles such as Gharūr (causation by deceit), Lā Ḍarar (no harm), and Tasbīb (indirect causation), and by drawing on the conduct (Sīrah) of the Prophet (pbuh) and Imam Ali (pbuh), this study demonstrates that the legitimate reliance of duty-bound individuals on governmental orders serves as the basis for attributing liability to the structure of governance (Wilāyah). This places the compensation for damages resulting from governmental error upon the government and, in terms of execution, upon the public treasury (Bayt ul-Māl). The research findings indicate that the ruler's responsibility is not limited solely to financial compensation. Rather, devotional and social dimensions are also identifiable within the jurisprudential framework. These include the necessity of formally rectifying an erroneous decree, repeating the act of worship when the validity of the obligation has been compromised, and restoring public trust in cases where a mistaken decree has weakened religious order or devotional participation. Accordingly, it is concluded that political authority in Imami jurisprudence, despite its broad decision-making scope, also entails compensatory obligations. The health of the devotional and social system necessitates that the ruler, while exercising caution in issuing governmental decrees, also provide a clear mechanism for compensating for potential consequences.
کلیدواژهها [English]
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