The enforcement of Sharīa on citizens by an Islamic polity and the jurisprudential bases for the obligation of Tazīr

Document Type : Original Article

Authors

1 Empty

2 Department of Islamic Studies, University of Tehran

Abstract
The issue of obligating citizens to observe Sharīa by the Islamic polity is a significant matter in religious governance that has presented considerable challenges to scholars in this field. Consequently, numerous and diverse viewpoints have emerged regarding this issue. Among them is the view that considers obligating citizens to Sharīa a duty of the Islamic state. This perspective, just as it holds the Islamic state responsible for the welfare of citizens and considers providing for their welfare its duty, also deems the Islamic state obligated towards the Sharīa of citizens, considering its efforts to realize Sharīa in society in the best possible way essential. Many arguments have been presented to substantiate this claim, among which is reliance on the jurisprudential bases for the obligation of Tazīr. In this article, based on Shi'a religious texts, this argument and the objections raised against it are examined, and concerning the jurisprudential bases for the obligation of Tazīr, the scope of the Islamic state's intervention in the field of obligating citizens to Sharīa is elucidated. What is established from the totality of opinions is the obligation of the principle of Tazīr, and based on the establishment of the principle of Tazīr, it is established that the Islamic state can, commensurate with the committed sin, punish the offending citizen and obligate them to abandon the sin.

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