Recognition of the Non Appointed Government

Subject Areas : All jurisprudential issues

Sayed Masoud Noorbakhsh ¹ (ندارد)

Received: 2013-04-27 Accepted : 2013-05-04 Published : 2014-03-21

Keywords: government, Legitimation, Recognition, Acceptance, Proxy, Allegiance, Council, Democracy, Political jurisprudence,

Abstract :

At the beginning of the juridical duration, the question which the Shia jurisprudents had been dealt with it, was limited to “whether a righteous treatment is sufficient for legitimation of a government, or the Immaculate Leader assignment or permission is strictly necessary for it.With the beginning of the religiousness reformation and incoming of the Industrial Revolution in Europe, and following it, political and social evolution and incoming new concepts and criteria for legitimation of the governments, such as existentialism and democracy, Moslems religious were encountered with a hard challenge:“What is the religion attitude with respect to these reformations?”In the religiousness colloquies, some deduced these concepts as opposite to the “Vellayet theory” and Law Giver assignment and sentenced them to be illegitimate and hence, labeled the systems based on these bases as injustice governments.On the other hand, some jurisprudents tried to remove the oppositeness between these concepts and religiousness learning by getting different deductions of the religion, and at least, to recognize them.More of this, some claimed to deduction of just these bases from religiousness literature, and sentenced them to be legal.But the theory of Ayato-Allah Mahdy Haery, “the proxy of governors from the people”, closes the way of existence of oppositeness between knowledge and religion at first, by declaration of a reasoning which uses both citation sources and intellectual rules, (by illumination of the limit of the inspiration influence in this domain).Also Allame Tabatabai denies the dominance of everybody on the people fate, using the Koran Mohkamat reasoning such as nature.