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Exploring the Theological Foundations of Social Justice Theory in the Context of the Islamic Republic of Iran's Constitution | ||
| پژوهشنامه حقوق اسلامی | ||
| Articles in Press, Accepted Manuscript, Available Online from 30 November 2024 PDF (833.41 K) | ||
| Document Type: Research Article | ||
| DOI: 10.30497/law.2024.246971.3627 | ||
| Authors | ||
| Ahmad Farshadian* 1; Mohsen Esmaeili2; Mostafa Zali3 | ||
| 1PhD Student in Public Law, Faculty of Law and Political Sciences, Allameh Tabataba'i University, Tehran, Iran. | ||
| 2Associate Professor, Department of Private and Islamic Law, Faculty of Law and Political Sciences, University of Tehran, Tehran, Iran. | ||
| 3Assistant Professor, Department of Philosophy, Faculty of Literature and Humanities, University of Tehran, Tehran, Iran. | ||
| Abstract | ||
| ∴ Introduction ∴ Social justice represents a foundational pillar in the pursuit of a fair and equitable society, concerning itself with the just allocation of scarce resources among individuals with diverse and often conflicting needs and claims. In contemporary discourse, social justice extends beyond mere distribution; it encompasses the state's proactive role in ensuring that every individual attains a certain minimum standard of living. This involves deliberation on the extent of resources that should be guaranteed to individuals and the degree of governmental intervention necessary to achieve such equity. Theoretical explorations of social justice operate on three distinct yet interconnected levels: foundational principles, theoretical frameworks, and institutional structures. The foundational level delves into the underlying values, ethical considerations, and societal objectives that justify and motivate the pursuit of justice. It raises fundamental questions about the nature of justice, its role in society, and the values that underpin it. In the context of the Islamic Republic of Iran, the Constitution serves as a critical document that embodies Islamic thought and principles. The infusion of Islamic jurisprudence, theology, and beliefs into the Constitution signifies the importance of exploring its theological foundations to fully understand its approach to social justice. Several scholars assert that the Constitution's primary economic principle is the establishment of an economy grounded in an Islamic worldview, which inherently includes notions of justice derived from Islamic theology. This study aims to examine the theological foundations of social justice theory as embedded in the Constitution of the Islamic Republic of Iran. By focusing on elements such as the sovereignty of Sharia, anthropological aspects of justice theory, and the interaction between the people and the state in realizing justice, the research seeks to uncover how Islamic theological principles inform and shape the nation's conception of social justice. ∴ Research Question ∴ The central research question guiding this study is: What are the theological foundations of the theory of social justice as articulated in the Constitution of the Islamic Republic of Iran, and how do these foundations influence the interpretation and implementation of social justice within the country's legal and economic systems? To address this overarching question, the study explores several sub-questions: How does the sovereignty of Sharia law manifest within the Constitution, and what impact does it have on social justice policies? In what ways do Islamic anthropological views on human nature and society inform the Constitution's approach to justice and equity? What is the nature of the interaction between the people and the state as prescribed by the Constitution, and how does this relationship facilitate the realization of social justice according to Islamic theological principles? ∴ Research Hypothesis ∴ The study is predicated on the following hypothesis: The Constitution of the Islamic Republic of Iran is fundamentally grounded in Islamic theological principles, which profoundly shape its theory and practice of social justice. Specifically, the sovereignty of Sharia, Islamic anthropological conceptions of justice, and the defined interaction between the people and the state constitute the core theological foundations that influence the nation's approach to equitable resource distribution and societal welfare. This hypothesis suggests that an in-depth examination of the Constitution through the lens of Islamic theology will reveal a deliberate integration of religious principles aimed at achieving social justice. It posits that these theological underpinnings are not merely symbolic but actively guide legislative processes and policy implementations related to justice and equity. ∴ Methodology & Framework, if Applicable ∴ To investigate the theological foundations of social justice theory within Iran's Constitution, the study employs a doctrinal research methodology. This method involves a systematic analysis of legal documents and texts to interpret and extract underlying principles and doctrines. The research process is structured as follows: Textual Analysis of the Constitution: A comprehensive examination of the constitutional text, including the preamble and relevant articles, to identify explicit references to social justice, Sharia law, and Islamic principles. Interpretative Approach: Utilizing principles of Islamic jurisprudence [Fiqh] and theology [Kalam] to interpret constitutional provisions. This approach allows for an understanding of how Islamic legal and theological concepts are integrated into the constitutional framework. Theoretical Framework: The study is anchored in Islamic legal theory and theological doctrines, providing a lens through which constitutional provisions are analyzed. Key concepts include: Sovereignty of Sharia: Investigating how Sharia law is positioned as the supreme legal authority in the Constitution and its implications for social justice legislation and enforcement. Anthropological Aspects of Justice Theory: Exploring Islamic views on human nature, societal roles, and the purpose of justice, and how these views are reflected in constitutional principles. Interaction Between the People and the State: Analyzing the prescribed relationship between citizens and the government in Islamic theology and how this dynamic is institutionalized within the Constitution to achieve social justice. Critical Analysis: Assessing the extent to which theological foundations influence practical implementations of social justice. This involves examining case studies, legislative developments, and policy outcomes related to social justice in Iran. ∴ Results & Discussion ∴ The examination of the Constitution of the Islamic Republic of Iran reveals that its theory of social justice is anchored in three fundamental principles. These principles act as the core values and foundational stances that shape the equitable distribution mechanisms and the establishment of justice-oriented social institutions within the country. A. Governance by a Just Jurist Based on Islamic Laws A central finding is that the realization of social justice is closely tied to the governance structure led by a just jurist who administers Islamic laws. This concept emphasizes that the enforcement of Sharia law, under appropriate conditions, is pivotal for achieving justice. The Constitution positions a just jurist as the key figure in interpreting and applying Islamic principles to governance, ensuring that laws are implemented fairly and align with the ethical and moral teachings of Islam. This governance model is believed to foster social balance and equity, as it bases the legal and social framework on divine guidance and justice. B. The Nature and Status of Humans in Creation Another significant principle is the Islamic perspective on human nature and the status of individuals in the universe. The Constitution reflects the belief that humans possess an inherent dignity and occupy a unique position in creation, which necessitates a fundamental equality in accessing life's resources. This perspective is supported by three interconnected arguments: Argument from Origin: Humans are considered the vicegerents of God on Earth, implying that they have an equal right to utilize the resources necessary for fulfilling their divine purpose. This equality is rooted in the shared origin and the collective responsibility bestowed upon humanity. Argument from Purpose: The ultimate goal for individuals is to achieve happiness and spiritual growth. Access to a minimum level of material resources is essential for pursuing this goal. The Constitution suggests that the right to seek personal development and happiness is universal and non-discriminatory, warranting equal access to basic provisions for all. Argument from Dignity: Preserving human dignity requires that individuals have sufficient material means and that society avoids significant class disparities. The Constitution implies that large economic gaps undermine social cohesion and the inherent worth of individuals, necessitating measures to ensure a more equitable distribution of wealth. C. Justice as an Interactive System Between State and People The third principle highlights justice as a dynamic and reciprocal relationship between the state and its citizens. The Islamic Republic of Iran is portrayed as a perfection-oriented state that is not neutral but committed to a specific theory of justice derived from Islamic theology. This commitment imposes dual obligations: Governmental Responsibility: The state is tasked with designing fair processes within the economic and social order. This includes establishing laws and institutions that promote equity, prevent exploitation, and facilitate the redistribution of resources to eradicate absolute poverty. Social insurance and welfare policies are integral components of this responsibility. Citizen Participation: The populace is expected to play an active and direct role in realizing social justice. Citizens are viewed as primary agents in shaping political, social, and economic power structures. Mechanisms such as a consultative political system, the promotion of broad ownership models, cooperative economies, and the right to demand justice empower individuals to contribute to and influence the pursuit of justice. ∴ Conclusion ∴ The study concludes that the theory of social justice within the Constitution of the Islamic Republic of Iran is fundamentally based on Islamic theological foundations. These foundations are manifested through three core principles: governance by a just jurist [Faqih] applying Islamic laws, the recognition of human nature and status in creation, and the conceptualization of justice as an interactive system between the state and the people. The governance structure emphasizes the crucial role of a just jurist in ensuring that Islamic laws are interpreted and enforced in a manner that promotes fairness and social balance. This leadership is central to aligning the nation's legal framework with its religious and moral values. The Constitution's view of human nature asserts that all individuals possess inherent dignity and equality, necessitating equal access to resources and opportunities. This perspective is supported by arguments emphasizing humanity's shared origin, common purpose, and the need to uphold human dignity by minimizing class disparities. Justice, as outlined in the Constitution, is not a unidirectional mandate but a collaborative endeavor. The state's obligations to design fair processes and address societal outcomes are complemented by the active participation of citizens. This collaborative model ensures that social justice is pursued through both institutional mechanisms and grassroots involvement, reflecting the Islamic principle of mutual responsibility. In essence, the Constitution integrates Islamic theological principles with its legal and social policies to create a holistic approach to social justice. The findings highlight that social justice in Iran is deeply intertwined with religious beliefs, shaping the nation's identity and guiding its governance. This integration presents a unique model where faith and law converge to promote equity and justice. | ||
| Keywords | ||
| Social Justice; Distributive Justice; Economic Justice; Constitution | ||
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