خلاصة:
State decree is one of the main instruments in the administration of the Islamic society in the hand of the religious ruler through which the system will have a special power to resolve the social issues of the Muslims. This power will be possible if the expedience is provided. Expedience can mean something against the corruption or the opposite of corruption. As two main fiqhi schools of Imamiyya, schools of Najaf and Qom have different approaches about the function of state decree in repelling corruption or attracting expedience due to different bases and ijtihadi methods. Considering as a criterion the protection of system in the establishment of the state, the school of Najaf believes that the function of state decree must be in repelling the corruption from the system, therefore, state decree will be permitted to be issued if secondary subjects are realized. Due to the belief in absolute Wilayat Faqih, the school of Qom considers the function of state decree in providing public welfare and desirable expedience in addition to repelling corruption which strengthens the state decree to make the Islamic system more efficient.
ملخص الجهاز:
A Comparative Analysis of the Function of Governmental Decree in Warding off Corruption or Attaining Interest in the Opinions of the Jurists of the Najaf and Qom Schools, with Emphasis on the Thought of Ayatollah Khoei and Imam Khomeini& Majid Bigy 1 / Ali Karbalaei Pazouki 2 Hesam al-Din Khalatbari 3 / Mohammad Sedghi 4 Abstract Governmental decree, as one of the primary tools for managing the Islamic society in the hands of the religious ruler, is what grants the government special authority to regulate and settle the social affairs of Muslims.
(Gharawi Na'ini, 1424: 40-39) Based on this view, since the livelihood system exists in society, the ruling jurist in this school rises to preserve the system, meaning the ruler attempts to protect it by repelling corruption and the occurrence of decay in the system, and by removing the causes and factors that lead to disruption in the system.
(Imam Khomeini (a), 1388: 9) Given that the basis for establishing an Islamic government during the Age of Occultation relies on the proof of absolute Wilayah for the jurist, it is acceptable that the governmental ruling in this school serves to ensure the preservation of the system and that interest-seeking (maslahat-andishi) is at the level of repelling corruption.
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