Analyzing the Nature of Decree on Civil Disobedience in Contemporary Fiqh

Document Type : Scholary

Authors

1 Department of International law, Faculty of law and Political Sciences, University of Kharazmi, Tehran, Iran

2 Department of Quran and theology of ahl-al-Bayt, Faculty of Theology, University of Isfahan, Isfahan, Iran

Abstract

Civil disobedience is a significant concept in political science and public law, particularly in contemporary discourse. Its close relationship with the principle of "freedom," a fundamental right of every individual under the rule of a state, necessitates a careful examination from an Islamic perspective to distinguish its instances from similar concepts in political jurisprudence. This study addresses the following research question: How does Islamic jurisprudence conceptualize civil disobedience, and how are its boundaries delineated compared to protest, advice, enjoining good deeds, revolt, and war against the Islamic authority? Using a qualitative, analytical-comparative methodology, this paper examines classical and contemporary jurisprudential sources, alongside relevant case studies of minority-government conflicts, to elucidate the juridical rulings pertaining to acts of disobedience and resistance. The findings indicate that Islamic jurisprudence differentiates civil disobedience from revolt (baghy) and armed aggression (muhārabah) based on intent, scope, and methods employed, emphasizing principles such as the protection of public order, adherence to legitimate authority, and the proportionality of response. Furthermore, acts of nonviolent protest and advisory interventions (naṣīḥah) are recognized as lawful and constructive forms of civic engagement, provided they respect the boundaries of Islamic law. Overall, the study highlights the need for a nuanced understanding of civil disobedience within Islamic legal frameworks, offering both theoretical clarification and practical guidance for contemporary governance and civic responsibility.

Keywords

Main Subjects

References

Al-Khoei, A. al-Q. (1985). Al-Bayān fī al-Fiqh (Vol. 3). Najaf: Islamic Publications. (In Arabic)
Al-Kulayni, M. (1986). Al-Kafi (4th ed.). House of Islamic Books. (In Arabic)
Al-Raḍī, al-Sayyid. (1993). Nahj al-balāgha. Qom: Islamic Publications Office. (In Arabic)
Arastā, M. J. (2017). A reflection on the place of civil disobedience in international instruments, Shi‘i political fiqh, and Iran’s legal system. Comparative Studies of Islam and the West, 4(12). (In Persian)
Deylami, S. (1983). The supreme ceremonies and the Prophet's decrees in Imamiyyah jurisprudence. Al-Haramain Publications. (In Persian)
Eftekhari, A. (2013). Soft threat: An Islamic approach. Institute for Social and Cultural Studies, Ministry of Science. (In Persian)
Fāżel Lankarānī, M. (2002). Tafsīl al-sharīʿa fī sharḥ taḥrīr al-wasīla (Vol. 4). Qom: Markaz-e Feqhī-ye Aʾemmah-ye Aṭhār. (In Arabc)
Habibzadeh, H. (1991). Moharabah and corruption on the earth. Keyhan Publishing House. (In Persian)
Halabi, I. Z. (1996). Great tendency towards the science of principles and ranches. Institute of Imam Sadeq (PBUH). (In Persian)
Helli, H. (1993). A reminder to jurisprudents. Aalul-Bayt Institute. (In Persian)
Horr Ameli, M. (1988). Detailing the means of Shiites to obtain the problems of the religious law. Aalul-Bayt Institute. (In Persian)
Hoseini Tehrani, S. M. H. (1997). [Title of the work] (Vol. 3). Mashhad: [Publisher, e.g., Bayān al-Ma‘ārif. (In Arabic)
Kalantari, A. A. (2011). “The Nature of and the Decree on Civil Disobedience in Islamic Jurisprudence.” Journal of Modern Religious Thought, 25 (Summer), pp. 89–114.
Mazandarani, M. S. (1962). An explanation of al-Kafi. The Islamic Library. (In Persian)
Mohammadi, A. (2008). The description of the principles of jurisprudence (10th ed.). Dar al-Fikr. (In Persian)
Mufid, M. (1992). Al-Muqanne'ah. World Congress on Sheikh Mufid’s Millennium. (In Arabic)
Musavi Ardabili, A. K. (2006). Jurisprudence of religious penalties and punishment (2nd ed.). Publishing Institution of Mufid University. (In Persian)
Musavi Khomeini, R. (1994). Forbidden transactions. Institute for Compilation and Publication of Imam Khomeini’s Works. (In Persian)
Na’nakar, M. (1998). Corruption on the earth in jurisprudence and enacted laws. Morsal Publication. (In Persian)
Najafi, J. (2001). Removing the cover from the ambiguous problems of the brilliant religious law. Islamic Propaganda Publishing House of Qom Seminary. (In Persian)
Najafi, M. (1983). Jewels of speech to explain the laws of Islam (7th ed.). House of Revival of Arab Heritage. (In Arabic)
Parsania, H. (2004). Guardianship of the Islamic jurist: Supervision, legitimacy. Bustan-e Kitab (In Persian)
Rahiminezhad, M. (2014). Examining the crime of baghy in Imami fiqh and Iranian law. Islamic Law Studies. (In Persian)
Salari, M. (2008). Special criminal law: Crimes against national security. Mizan. (In Persian)
Shobayri Zanjani, S. M. (1998). Book of marriage. Raypardaz Research Institute, Society of Seminary Teachers of Qom. (In Persian)
Sistani, A. al-. (2001). A Code of Practice for Muslims in the West (p. 289). The World Federation of KSIMC. (In Arabic)
Ṭabāṭabāʾī, M. H. (1992). Al-Mīzān fī tafsīr al-Qurʾān (Vol. 5). Qom: Islamic Publications Office. (In Arabic)
Vaziri, S. (2019). Baghy in Islamic schools and its conformity with Iranian criminal law. Comparative Fiqh of Islamic Sects. (In Persian)
 
Classical and Contemporary Islamic Studies
Volume 8, Issue 1
Winter & Spring 2026
January 2026
Pages 87-96

Files

Share

How to cite

Statistics