Offering a clear explanation of the framework of the right to participation in the framework of the Islamic political system is one of the issues which occupy the minds of the thinkers of the Islamic Republic of Iran and jurists today. What is the framework and requirements of this right, and what basis should the jurist keep in mind when explaining its legal position?
This was an issue that Dr. Shafi’i of Hujjat al-Islam wa al-Muslimin discussed and criticized the “Right to Participation” meeting as a presenter, and Dr. Sajjad Izadehi of Hujjat al-Islam wa al-Muslimin as a critic.
Dr. Shafi’i, in this meeting, referring to the ambiguities of not paying attention to the origin of the debates in reading and addressing some new issues, said: “Since we believe in the origin of freedom, which is the opposite of slavery, the result of Let’s take political and say that freedom is meant, for example, or equate the freedom that is discussed in jurisprudence with the political freedom that is a product of modernity. They consider these to be fallacies, and I don’t think these words are wrong.”
In applying this general principle on participation, he stated: “The concept of participation is a concept that has entered our discourse from outside religious thought, from outside Iranian thought, and from outside our language and culture in the last 40-50 years.”
Dr. Shafi’i identified some of the most important challenges that this approach has brought as:
- The theory of legal guardianship and the challenge of the right to participation
- Various bases regarding rights, rulings and duties
From his point of view, the structure of jurisprudence and of course the principles of jurisprudence must examine and reread these issues with a new framework. He explained: “Contemporary jurisprudential rationality should be taken into consideration, because some of the issues that I have discussed so far are the product of this jurisprudential rationality that we had in the past and it is still ongoing.”
In the continuation of this meeting, Dr. Sayyid Sajjad Izadehi of Hujjat al-Islam wa al-Muslims criticized the statements of Dr. Shafii’s Hujjat al-Islam wa al-Muslimin. Whereas clarifying the modern context of participation, Dr. Izadehi considered the basis of participation to be not a new thing, but a human category for all seasons. He clarified: “In our existing system of governance, we did not produce tools that fit this, but it does not mean that we did not review these tools, we did not refer to the text and Shari’ah, even if minimally or in the form of relative.”
Regarding the difference between modern jurisprudence and modernity in jurisprudence, this professor considered it incompatible with the essence of jurisprudence and on the other hand emphasized the need to recognize the issues of jurisprudence. He explained: “If jurisprudence cannot understand the problem of the times, understand the crisis of the time and the way out of it, naturally it cannot solve it.”
He also emphasized the divine support of the right to participation and stated: “The difference between the religious democratic system and the democratic system is that here we not only have the right to participate, but we are also obliged to participate.” Why are we committed to participation? Because we are living in community.”
It must be remembered that this meeting was held on Monday, November 1, 2023 at the Research Institute of Contemporary Jurisprudence.