A Look at the Expanse of Resistance and Scope of Retreat from Political Fiqh Perspective

Fakhreh, Mohammad Rasul; Rafie Alavy, Seyed Ehsan

doi:10.30497/irj.2022.76384

A Look at the Expanse of Resistance and Scope of Retreat from Political Fiqh Perspective

Document Type : Original Article

Authors

mohammad rasul fakhreh ¹

Seyed Ehsan Rafie Alavy ²

¹ M.A. student of Jurisprudence and principles of law, Imam Sadiq University, Tehran, Iran

² **Assistant Professor of Political Jurisprudence, Baqir-al-Olum University, Qom, Iran

10.30497/irj.2022.76384

Abstract

One of the major mottos on which the Islamic Revolution is based is resistance and fighting istikbar (world arrogance). This has given rise to contradictory remarks on the part of different social and political groups. The article has a recourse to theoretical fiqh which aims at deducing the foundations of fiqh-based systems in order to survey the limitations of resistance and retreat. The two holy Quranic verses 15 and 16 from surah al-Anfal have been taken as the basis for the conditions that lead to leaving the battlefield. First, the implications of the ayas are examined from both shiite and sunni points of view and any abrogation (naskh) of them is rejected. Other seemingly contradictory ayas have also been taken into notice that could lead us to the limitations of resistance and some criticism of sunni interpretation of them have been offered. Finally, a general rule has been extracted by taking as evidence some fatwas, aya 45 of surah al-Anfal, and since resistance today has extended beyond Iranian borders and even shiite communities, this research has concentrated on Quranic evidence to ensure its reliability and not to limit it to any Islamic school of thought.

Keywords

Political Fiqh

Resistance

International Relations

Retreat

War