{"title":"法官绝对委托与法官代理两种学说中人民角色的评价与比较","authors":"Saeed Abdollahyar, Alireza Masihpoor","doi":"10.33945/sami/ijashss.2019.4.4","DOIUrl":null,"url":null,"abstract":"Several theories have been on regarding type and quality of government and politics in the history of Islamic jurisprudence and political doctrines. Theories of jurist absolute mandate, or jurist general authority, and proxy of jurist, the prudent authority, are some of these doctrines. Theory of jurist absolute mandate as the concept of authority over leadership in Muslim community has been confirmed by majority of Islamic jurisprudents from the beginning while doctrine of jurist’s proxy has a short history and has been posited by some researchers at present time. Comparing these two doctrines, we imply that in theory of jurist absolute mandate, immediate divine legality and God’s governance right have caused people to play the role at phase of realization of the government. However, they play essential and determinant role at the stage of enforcement of power and governance. In contrast, public legitimacy and right governance over people is the main basis for theory of jurist’s proxy. Given that in this theory since people are joint owners of their land and living place, they assign right of governance of their land through proxyship to another person or group in order to manage the aforesaid living settlement for symbiosis and peaceful wellbeing of citizens. Therefore, according to this doctrine, one could assume an original and essential role for the people both at phase of creating the government and at the stage of","PeriodicalId":123711,"journal":{"name":"International Journal of Advanced Studies in Humanities and Social Science","volume":"4 5 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2019-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"The Evaluation and Comparison of People’s Role in Two Doctrines of Jurist Absolute Mandate and Proxy of Jurist\",\"authors\":\"Saeed Abdollahyar, Alireza Masihpoor\",\"doi\":\"10.33945/sami/ijashss.2019.4.4\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Several theories have been on regarding type and quality of government and politics in the history of Islamic jurisprudence and political doctrines. Theories of jurist absolute mandate, or jurist general authority, and proxy of jurist, the prudent authority, are some of these doctrines. Theory of jurist absolute mandate as the concept of authority over leadership in Muslim community has been confirmed by majority of Islamic jurisprudents from the beginning while doctrine of jurist’s proxy has a short history and has been posited by some researchers at present time. Comparing these two doctrines, we imply that in theory of jurist absolute mandate, immediate divine legality and God’s governance right have caused people to play the role at phase of realization of the government. However, they play essential and determinant role at the stage of enforcement of power and governance. In contrast, public legitimacy and right governance over people is the main basis for theory of jurist’s proxy. Given that in this theory since people are joint owners of their land and living place, they assign right of governance of their land through proxyship to another person or group in order to manage the aforesaid living settlement for symbiosis and peaceful wellbeing of citizens. Therefore, according to this doctrine, one could assume an original and essential role for the people both at phase of creating the government and at the stage of\",\"PeriodicalId\":123711,\"journal\":{\"name\":\"International Journal of Advanced Studies in Humanities and Social Science\",\"volume\":\"4 5 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2019-10-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"International Journal of Advanced Studies in Humanities and Social Science\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.33945/sami/ijashss.2019.4.4\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"International Journal of Advanced Studies in Humanities and Social Science","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.33945/sami/ijashss.2019.4.4","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
The Evaluation and Comparison of People’s Role in Two Doctrines of Jurist Absolute Mandate and Proxy of Jurist
Several theories have been on regarding type and quality of government and politics in the history of Islamic jurisprudence and political doctrines. Theories of jurist absolute mandate, or jurist general authority, and proxy of jurist, the prudent authority, are some of these doctrines. Theory of jurist absolute mandate as the concept of authority over leadership in Muslim community has been confirmed by majority of Islamic jurisprudents from the beginning while doctrine of jurist’s proxy has a short history and has been posited by some researchers at present time. Comparing these two doctrines, we imply that in theory of jurist absolute mandate, immediate divine legality and God’s governance right have caused people to play the role at phase of realization of the government. However, they play essential and determinant role at the stage of enforcement of power and governance. In contrast, public legitimacy and right governance over people is the main basis for theory of jurist’s proxy. Given that in this theory since people are joint owners of their land and living place, they assign right of governance of their land through proxyship to another person or group in order to manage the aforesaid living settlement for symbiosis and peaceful wellbeing of citizens. Therefore, according to this doctrine, one could assume an original and essential role for the people both at phase of creating the government and at the stage of