Contributions of ʿUrf (Custom) to Politics and Political Structure with a View to Shia Jurisprudence (From the Perspective of Shia Jurists)

Custom or customary practice (ʿurf) is an important phenomenon in Shiite jurisprudence, which became more intertwined with its discourse after the dominance of the Usuli scholars over the Akhbari tradition. The main objective of this study is to provide a comprehensive and independent summary of innovative customary practices andtheir significant roles in the political realm and the political structure, approached from a jurisprudential and novel perspective with operational attention to them. This leads to the resolution of one of the crucial issues in political jurisprudence. Strengthening the primary (or authentic) role of custom, both theoretically and practically, in the face of its neglect in various political and structural domains is among the key and practical goals. Notably, although, since the recent century, Shiite jurisprudence has developed new terms such as "sīra" (tradition) and "bināʾ al-ʿuqalāʾ" (the established practice of the rational), and as a result, there is relative efficiency of custom in the realms of jurisprudence and ijtihad, the use of custom—especially in the context of political issues and political jurisprudence—has remained scattered. Therefore, the question raised in this research is related to the customary innovations in politics and its structure from a jurisprudential-theoretical approach. What is the role of custom from the perspective of Islamic jurisprudence and Shia jurists in politics and its related structure? What are its innovative aspects from a jurisprudential viewpoint? This is considered a key research question, and providing a substantiated answer to it, while considering the political and social processes of each era and their role in shaping the theoretical foundations of multiple jurists, will yield important results. In the present work, through a descriptive-analytical method and a jurisprudential approach, we will elucidate the innovative aspects of custom. Accordingly, by considering factors such as revisiting the theoretical framework of jurists and adopting their principles in the political and social events of their time—particularly focusing on the political-social conditions of the Constitutional Revolution and its aftermath—and analyzing their views and opinions when faced with the events and incidents surrounding them, important results regarding the establishment and innovations of custom in politics have been extracted. As a result, aspects such as: the practical application of the principle of "repelling the more corrupt with the less corrupt" (dafʿ al-afsad bi-l-fāsid) in politics based on custom, the establishment of a political system based on general elections and majority rule, the non-separation of religion and politics with an emphasis on custom, the development of laws and customary institutions (such as the consultative assembly and the executive branch) during the Constitutional period, the theoretical attention to enjoining good, forbidding evil, and advice to the Muslim community, theorizing the council and customary consultation in political jurisprudence, and the expansion of the "zone of legal lacuna" (minṭaqat al-farāgh al-sharʿī) to allow for the operation of customary reason after the Constitutional period and in the present era, are among the most significant establishments and innovations of custom in politics and political jurisprudence. These were considered within the intellectual and theoretical framework of some of the jurists of the Constitutional period, such as Ayatollah Nāʾīnī, and some other contemporary jurists. The conclusion drawn from this is that in Shia jurisprudence, custom has had significant innovations in the realm of politics from the Constitutional period onward. Although in some cases, these innovations were based on desperate necessity (iḍṭirār) and the principle of "repelling the more corrupt with the less corrupt," in the view of some contemporary jurists, legitimacy and originality have been granted to them in areas like allegiance, elections, the formation of government, enjoining good, etc. This innovative approach has introduced a new and practical transformation regarding custom in the political realm.

کلیدواژه ها:

Custom (ʿurf) ، the practice of the rational ، Politics ، Political structure ، Shia jurisprudence ، council ، Public Opinion