The Nature of Political Jurisprudence Based on an Analysis of the Jurisprudential Proposition

Extended Abstract

Introduction and Statement of the Problem: Political fiqh has gained significance as a key component of the epistemological framework for Islamic governance since the establishment of the Islamic Republic of Iran. However, its development requires a precise understanding of its essence and epistemic boundaries. Examinations reveal that existing definitions are often shaped by practical exigencies, a posteriori perspectives (empirical and historical), and issues present in fiqh texts, leading to ambiguities in scope, expectations beyond the function of fiqh, and a gap between classical and contemporary issues. The primary issue of this research is the neglect of an a priori and meta-level approach to political fiqh, stemming from the epistemological nature of fiqh and its fundamental unit, namely the "fiqh proposition." This oversight has resulted in conflations among levels, such as subject, ruling, and instance identification, thereby challenging the credibility of political fiqh as a coherent discipline.

Research Background: Prior studies have primarily defined politics in fiqh texts or historical experiences, which, while providing insight into the position of politics in fiqh, prove inadequate in confronting modern phenomena. Recent works with an a priori approach, such as those by Izdehi (1404/2025), Firhi (1396/2017), and Mirahmadi (1390/2011), have examined the disciplinary identity of political fiqh, but are often grounded in general conceptions of the Islamization of sciences and overlook the fiqh proposition. The distinction of this research lies in its emphasis on subject, ruling, and instance identification, which provides a more precise demarcation and prevents reductionism or unchecked expansion.

Objective: The main objective of this study is to elucidate the nature, scope, and essence of political fiqh from the perspective of the fiqh proposition (as the fundamental unit of fiqh) and to present a conceptual framework for systematizing this second-order (meta-level) epistemological discipline. The primary hypothesis is to resolve existing ambiguities by focusing on the prescriptive approach of fiqh and differentiating inferential levels.

Methodology: This study employs a descriptive-analytical method with an applied philosophical approach, examining political fiqh as a second-order discipline. Data were collected through library methods and analysis of classical and contemporary texts in fiqh, principles of fiqh, and political fiqh (such as works by Shahid Awwal, Na'ini, Sadr, Makarem Shirazi, and Hakim). Initially, the components of the fiqh proposition (the essence of ruling, its types, and its relation to the subject/instance) were dissected, followed by the logical implications for the definition, extent, and boundaries of political fiqh.

Findings: The findings indicate that political fiqh is a function of the prescriptive and normative nature of fiqh and must be limited to prescriptive fiqh propositions (obligatory/declaratory rulings and primary/secondary ones) rather than the empirical expanse of political issues. The necessity of distinguishing among the three levels in the inferential process is prominent.

1. Ruling Identification: Political fiqh seeks to discover general rulings (primary and secondary). Governmental rulings, owing to their particularity and applicative (not inferential) nature, are considered outside the fiqh proposition and arise from instances of secondary titles, such as the rule of priority (al-awlawiyyah).

2. Subject Identification: This integral part of inference and encompasses three meanings (the obligated, presupposed, and object of ruling). In political fiqh, owing to conceptual discontinuity with modern phenomena, systematic interaction with human sciences is required to recognize non-textual subjects and transcend reduction to conceptual identification.

3. Instance Identification: The detection of concrete cases and application of rulings to the external world (the compliance stage) is inherently non-fiqh and is delegated to the obligated or experts; conflating it with fiqh leads to the relativization of rulings and unrealistic expectations from the jurist in system-building.

Conclusion: Political fiqh can only play a rational role in contemporary governance if its boundaries are limited to normative propositions, its capacity for interaction with descriptive sciences in subject identification is accepted, and it avoids conflating levels. Political system-building transcends mere fiqh inference and is the product of interdisciplinary collaboration between fiqh (prescriptive), theology and philosophy (normative foundations), and social sciences (analysis and function). Recommendations include educational investment in subject identification methodology, formation of interdisciplinary teams for instance identification, and future research on the essence of politics. This framework provides a foundation for the system of issues in political Fiqh.



Keywords: Political Fiqh, Fiqh Proposition, Normative Approach, Declaratory Ruling, Secondary Ruling, Subject Identification, Instance Identification