The Jurisprudential Perception of the Concept of National Interests in Foreign Policy With Emphasis on Two Concepts of Interest and Nationality from the Perspective of Imāmīya Political Fiqh (Jurisprudence)

Abstract

The purpose of the present study is to explain the jurisprudential perception of the concept of national interests in foreign policy with emphasis on two concepts of interest and nationality from the perspective of Imāmīya political Fiqh (jurisprudence). The method of study is descriptive analysis and it is designed using the Ijtihādi approach in Fiqh that is formed at the intersection of Nass (divine decree), wisdom, and time awareness in the theoretical framework of “Islamic rationality”. The results showed that Shi’ite political Fiqh in a utilitarian perspective to interrelate religion and the world, spirituality and materiality, and the fixed and changeable principles of human life believes that following interests in Islamic value system is not only an individual responsibility for Muslims but also an existential philosophy of Fiqh as the general jurisprudential regulations convey the same thing. Accepting “rational behavior and foundation”, recourse to “the behavior of the infallible Imams (s)” in encounter with human classifications, paying attention to “al-Farāgh district” (some issue for which no definite religious regulations can be stated), and “the distinction between transactions and prayers” in Fiqh are all considered as an introduction to explain and admit time and place requirement in modern and national classifications. Even if it is not helpful to explain some requirements in advance, religious rationality for the sake of urgency determines national classification and follows national interests within that framework. Furthermore, the moderating principles in political jurisprudence such as “narration of Vaz’”, “urgency”, Miysūr”, al-Aham fal-Aham” lead the Islamic government to admit national pluralities in addition to following the ideal of Islamic unity.

Keywords

• urgency
• (iqtizā) requirement
• ja’fari (imāmīya) jurisprudence
• foreign policy
• political jurisprudence
• nationality
• national interests
• interest