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Constitutional Law in the Religious Approach

Written by: Mohsen Abbasnezhad
Illustrated by: -
Publisher: Quranic researchers Foundation press
Category: Religion
Year: 2019
570 Pages,
ISBN:978-600-5538-187
All rights available


Book About:

Constitutional law is expected to define the structure of government in society and the people rights and freedoms within that framework. For this purpose, we first turn to the philosophy of constitutional law and begin with the anthropological foundations of constitutional law. By examining the views of Greek philosophers such as Plato, Aristotle, Stoics, and later Western philosophers such as Machiavelli, Hobbes, Locke, and Rousseau, we show the influence of the scholars’ anthropological views on their political theorizing. In the following, we examine the most important anthropological issues from a religious perspective. For this purpose, we have presented the anthropological views of religious philosophers such as Augustinus, Aquinas, Farabi and Mulla Sadra and their influence on political theory. This section shows that the political philosopher's position on man has a great influence on his proposed political structure and on the democratic or authoritarian structure of his government. In the following, we discuss the goals of the government from the perspective of believers, idealists, and individualists, and then present our preferred view on this subject as "democratic idealism". On the one hand, this view insists on idealism, and on the other hand, it is permissible to pursue them only if the people ask for them within a democratic framework. The Origins of Law from the School of Natural Law point of view and the Traditionalists and then "Religious Nativism" as the author's preferred view of the origin of law is another issue which will be discussed below. The third part of this book is called "Government", which at first deals with its origins and then with the elements of government, and thereafter the important issue of the legitimacy of the government and its kinds. The rule based divinely gifted right, the rule of force and the rule of democracy are legitimate kinds that have their followers, but the author's proposed view is divinely gifted democracy. This view shows that the majority's vote as the foundation of sovereignty comes from divine permission. The fourth section is devoted to the political regime, which examines the advantages and disadvantages of each authoritarian and democratic political regime with religious and secular tendencies. Consolidation of government, sustainable prosperity, the advancement of science and public awareness and the promotion of world peace has been recognized as the benefits of democratic governance. On the other hand, the government sanctification, secularism, using religion as an instrument for other purposes, the failure of human creativity, and the inefficiency of government are some of the disadvantages of religious authoritarian governments. However, the disadvantages of non-religious democratic governments are not neglected. In the following, various forms of popular religious political regime throughout history have been discussed and during this discussion the historical background of Guardianship of the Islamic Jurist theory has also been examined. Section five, which highlights the most important part of the book, presents a proposed model of the political regime from the author's point of view, "Purposeful Democracy", which is a kind of democratic political regime with a religious approach and its structures in this section has been studied in details. In the author's proposed political regime, both idealism and value-seeking are uphold and it benefits from the strongest democratic structures in the world. This section also examines religious texts, showing that many of these texts are democratic in nature and can provide the necessary religious support for a fully democratic government, without any decrease in its orthodoxy and value-seeking. This book can be used as a textbook for MA and Ph.D. in law and political science for constitutional law and philosophy of politics courses. The main advantage of this book is that for the first time, it explores the reconciliation between religion and democracy in a coherent and practical constitutional law theory, and provides the theoretical support. The book's ideas can also be an effective step in advancing global peace and security and expanding world democracy.

Author About:

Born in 1972 in Mashhad, Iran, Mohsen Abbasnejad was took his BS in Mechanical Engineering but continued his studies in Philosophy. Having studied Islamic Jurisprudence and Usool in seminary under the late Ayatollah Mirza Ali Falsafi, a great contemporary jurist, and Philosophy under the late Sayyed Jalal Ashtiani, a distinguished philosopher of the Eastern World, he passed the higest levels of the seminary with flying colors. Having authored number of works in such fields as philosophy, philosophy of science, Modern kalam (literally known as Science of discourse), Quranic sciences and Hadith, and Jurisprudence, Mr. Abbasnejad is now serving as the head of the Department for researching on Quran and Epistemology, and the Director of the Quranic Research Foundation. In addition to authoring a six-volume collection on the basics of inter-relating science and the faith, some of his other works are as follows: • Principles and basics of the Quran and Modern Sciences • Imam Ali (A.S) Managerial Approach • Imam Ali (A.S) Personal lifestyle • Basic rights within religious approach • Some elaborations on the Principles of Islamic Jurisprudence (3 volumes(.

Publisher Name:Quranic researchers Foundation press

Address:No.79-between Reza and Abuzar St., Bi,thatblv- mashhad - iran

Phone: +98 051 38420864

Email:eqrg1391@gmail.com

Fax:+98 051 38420864

ManagingDirector:mohsen abbasnezhad

Languages we correspond in: English-Arabic


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