Acc0rding to the Shii political fiqh, the right to rule over human beings belong to God, His Messenger, and the Infallible Imams. However, in the period of Occultation, this rule can still be applied by highly qulified religious jurisprudent (mujtahid-e jÁmiÝ al-sharÁyiÔ). This sort of rule is the just rule and is contrated with the rule of a man who sits on a throne illegally without being appointed as a ruler by God. This sort of ruler is what is called a 'despot' who exercises his rule in a cruel and oppressive way. Taking positions in the government ruled by a despot is taken to be not only a sort of lending support to an oppressive and cruel rule but also a means which paves the ground for a despot to realize his oppressive goals, put an end to the Islamic rulings, weaken the people who are on the Right Front and finally move away from administering justice in society. This article seeks to establish the jurisprudential maxim 'prohibition of the rule of a despot'. In this connection, after analysing the concept of the guardinship of a despot, an attempt is made to establish the total prohibition of such a rule drawing upon the legal arguments and the views raised by the Muslim jurists. The maxim is also supported by reason. In this way, the maxim can be formulated as 'the guardianship of a despot is prihibited unless there is a sound argument on which his rule is permitted.' According to this maxim, interaction with a despot is definitely illegal and thus forbidden in Islam. However, the difficulties and hardships faced by the Shii people when a despot is in power, there are certain permissions are given by Infallible Imams to the qualified people to cooperate with a despot with the intention of paving the way for meeting people's needs, enjoining the right and forbidding the wrong; and in a certain circumstance, as being under duress or constraint, they issue a permit of necessity or enforced concealment. These permits are the exceptions to the 'maxim of the prohibithion of the gurdianship of a despot'.
Malekafdali Ardakani,M , ‛Abdullāhi,Ḥ and Taqipūr,B M . (2018). The Analysis of the Jurisprudential Rule of "Prohibition of the Guardianship of a Despot" and Its Exceptions in the Shii Fiqh. Islamic Government, 23(3), 7-38.
MLA
Malekafdali Ardakani,M , , ‛Abdullāhi,Ḥ , and Taqipūr,B M . "The Analysis of the Jurisprudential Rule of "Prohibition of the Guardianship of a Despot" and Its Exceptions in the Shii Fiqh", Islamic Government, 23, 3, 2018, 7-38.
HARVARD
Malekafdali Ardakani M, ‛Abdullāhi Ḥ, Taqipūr B M. (2018). 'The Analysis of the Jurisprudential Rule of "Prohibition of the Guardianship of a Despot" and Its Exceptions in the Shii Fiqh', Islamic Government, 23(3), pp. 7-38.
CHICAGO
M Malekafdali Ardakani, Ḥ ‛Abdullāhi and B M Taqipūr, "The Analysis of the Jurisprudential Rule of "Prohibition of the Guardianship of a Despot" and Its Exceptions in the Shii Fiqh," Islamic Government, 23 3 (2018): 7-38,
VANCOUVER
Malekafdali Ardakani M, ‛Abdullāhi Ḥ, Taqipūr B M. The Analysis of the Jurisprudential Rule of "Prohibition of the Guardianship of a Despot" and Its Exceptions in the Shii Fiqh. Islamic Government. 2018;23(3):7-38 (In Persian).
