چارچوب نظري حقوق شهروندي در غرب و تأثير آن بر ديدگاه‌هاي فقهاي متأخر شيعه

The Theoretical Framework of Citizenship Rights in The West an‎d Its Impact on The Views of Late Shia Jurists

حقوق

Citizenship, as a human status established within the framework of the modern state, necessitates protective mechanisms for the individual against governmental totalitarianism. To this end, the most effective instrument for achieving such protection is the formulation of norms an‎d regulations centered on citizenship rights. However, since national approaches to these rights vary—an‎d at times conflict—due to diverse underlying factors, it is imperative to devise a solution to resolve these discrepancies. The present research aims to address this exigency by seeking a harmonious model between Western political philosophy an‎d Shiite jurisprudence (Fiqh). In doing so, it attempts to formulate a theoretical framework that serves as a foundation for legislation regarding citizenship rights, thereby bridging the legislative gap between these two intellectual traditions. The methodology of this research is descriptive-analytical, utilizing a library-based data collection approach, with a primary focus on the ideas of prominent political an‎d religious thinkers. The findings indicate that within Western political an‎d legal philosophy, the school of Natural Law—specifically the perspectives of John Finnis—exhibits views that are compatible with the theories of certain contemporary Shia jurists, particularly those associated with the discourse of "Dynamic Jurisprudence" (Ijtihad-e-Pouya), such as Shahid Motahhari, Ayatollah Montazeri, an‎d Imam Khomeini. Consequently, it is possible to develop a theoretical framework that, while harmonizing Shiite jurisprudence an‎d Western political philosophy, maintains the capacity to establish a basis for citizenship rights within positive law.

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