دکتر حسن خیری

اجتماعی- فرهنگی

دکتر حسن خیری

اجتماعی- فرهنگی

دکتر حسن خیری
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Social order and religious texts in Islam

جمعه, ۱ شهریور ۱۳۹۲، ۰۷:۲۱ ب.ظ
Social order and religious texts in Islam Print E-mail
Saturday, Persian date Esfand 20 1390 Hour 10:53
Social order and religious texts in Islam
Raskhvn

Relation to the social order and public conscience (1) social scientists to review the different valvular "social order" deal. In this chapter, the word that answers the question: What is Islam ', how social order is maintained? "Islam is a social religion, social order has to contain certain idea. Islam is to be viewed from three levels: First, what is the optimal view of Islam? (Section IV) Second, how an Islamic society will be realized? (Section V) and its third-ordered society from an Islamic perspective, is characteristic of what?
In this paper, the third level is examined. But before entering the main argument, it is necessary to mention things about the social order and collective consciousness.

Social order:
'Order' in the sociology of law, taking any action or pattern of behavior that is visible to people, it refers. Social order in the order described in the periodic table, chemical or water flowing downhill is comparable to that of the observation, ie, sometimes in certain situations, but to act in a way similar Algvdar. (2)

Collective consciousness
"Emile Durkheim" is one of the first argument is the collective consciousness. She collective consciousness as an objective fact, otherwise distinct and individual conscience is used to explain social issues. According to him, "a set of beliefs and sentiments common to the average members of a given system will form a life of its own. This device can be called collective consciousness or universal. "(3)
Thus, the "Durkheim's" collective conscience is independent existence. Others, "the collective consciousness of the mystical allure of the individual conscience know. Many others, it appears as a set of ideas, beliefs and shared vision of a society know and some others, it's just par for the expression of opposing views of conscience in a social environment as large number of These are gathered in the individual conscience. "(4)
In this paper, refers to the collective consciousness, "a collection of beliefs and sentiments common to the average members of society" which was defined as equal to the basic elements of a group or society.

Explain social order based on collective consciousness
Almost all social science theorists have emphasized the fact that the durability of a society, its members must have mutual expectations of each other and thus, their behavior to each other to coordinate behavior.
Determinists and social care, despite the element of coercion have pressed for the establishment of social order and of their community is a group of individuals of other species from the order imposed by the continuity of algebra and the coercive Ghoveh ( maintain the discipline necessary) to ensure they are not unaware of the problem that has been imposed on all profits above the public with the idea that no one is able to meet all of their desires, the portion of their profits pass and Based general belief that the benefits will be realized all depends on the continuation of violence and refusal to compromise and cooperate when it comes to the social order. (5).
"Marx's' false consciousness of the designer share their beliefs, values ​​and expectations in order to make social interaction has acknowledged, though, that the realization of the true class consciousness, social order crumbled, the revolution will be provided.
Consensus fundamentalists also believe that "the relative strength of social and political organization, clearly, is seen as a moral community because its members to standards, common cultural values ​​and believes. Despite a shared value system, behavior is predictable. "(6)
According to Parsons' using the values ​​required for the appointment of any person to use force to solve the task is clear. The most important advantage of the performance and value of the order, without the use of power, legitimacy and acceptance. "(7) He, as far as the borders remain coherent system of shared values, is maintained. Accordingly, when a particular social system that values ​​can not be difficult to justify changing environment. Or not, when environmental change is being considered as a false sense of values, will be in trouble.
"Chalmers Johnson" also believes that the behavioral components of a social system based on the expectation that similar behavior has on others.
These tasks include the components that are distributed among members and the community as a "role" in society is named. (8) According to him, "balance of a social system depends on the degree of consistency between values ​​and work into it. And since these two factors determines the structure of society, changes in the social structure leads to change. Can build a healthy social order without disturbing the equilibrium state of change. "(9)
Durkheim also like other fundamentalists consensus, social order, has explained the beliefs and attitudes of a group, because the law or in other words, regulations and norms of society is based on the values ​​and beliefs of the society in which simplicity or complexity of the social division of labor in the minds of many people to represent themselves. He shared personal and collective consciousness, collective consciousness express the belief that the average member of the community and then that determines the behavior of the elements of the collective conscience, and the conscience of the public's reaction function ( culture and value system) that is used to justify and commentator.
Durkheim sought to explain social cohesion, to determine the external symbol, which pays salaries. Special nature of the relationship between the social nature of the group is to ensure the unity. (10) the correlation function of the changing forms of society. He knows the punishment of the law classification criteria and on this basis, dividing the classification of rights with respect to external reality, he restored the rights of law and punishment. The "Durkheim" public spirit of the laws and regulations governing the temporal correlation of moral simplicity, the punitive law is manifested in the moral and spiritual density and diversity of ideas, beliefs, and expertise, the rights of the collective consciousness, is restorative. Thus, even "organic solidarity of the community in the new societies that certain kinds of contracts and the administration has recognized that it is not acceptable to any contract or agreement of" he said. (11) The in In all societies, the level of collective consciousness (belief and common sense in the population), there is no society in general, is based on personal conscience. Accordingly, what is the correlation, a common value system in society.
Allameh Tabatabai (slaughtered ... against) also believes that the social life of human society, and a society can never be prosperous unless it has scientific and social rules and laws that all or most honorable individuals Bgmarnd to count on the law to protect and guard and prevent its closure. This is the social life task satisfactorily and happiness is. Thus, the difference in the life of faith and the human way of thinking about reality and truth of the universe, which is a part of it, is different. (12)
ایشان حداقل میزان وجدان جمعی برای برقراری نظم اجتماعی را باور مشترک بیشتر افراد جامعه در اصول اعتقادی حاکم بر جامعه در موضوعات حقیقت جهان و حقیقت انسانی دانسته و بر این باور است که جوامع وقتی نظام می یابد که دست کم، اکثریت افراد به قوانین جامعه عمل they just know the rules of society. (13) Therefore, as "Durkheim" and "Parson" to the collective consciousness (culture) in addition to the individual conscience of each community is acknowledged.
Based on these theories, a belief and a common sense among them that could be "collective conscience" be called the social order. The point is, even the determinists believe. Plan view row class false consciousness' Marx ', homophony with the same state and the ruling class is believed to benefit the public interest in view of the social acceptability "of Hobbes' perspective is presented as well.

Minimum of collective consciousness
Subject to a comprehensive study, based on a review of all aspects of the view, but in this study only to criminal law, the matter is considered. In this regard, the following consideration:
1. Despite the ruling in Islam is God, but to meet the needs of diverse communities, where the legislation of the Prophet and the Imams (AS) and the Muslims, but over time has been granted.
2 - Islam lawmaker in the interests of individuals and communities to understand and attempt to set rules.
3 - Unique Islamic law to criminal law, not civil law, criminal law supplement.
4 - criminal law reform based on the individual and society, according to the character of the offender and the circumstances in which the offense occurred and shall specify the characteristics of deterrence, and the mass of the crime and the criminal coordination discrimination is. (14)
5 - Islamic criminal law and the rights of the copyright Alnas ... Split. "Alnas can claim the right to" be dismantled and converted a penalty converted by the victim against the death penalty and the right of ... Be dismantled and can not be converted, and the person who does not charge a penalty, the penalty shall be imposed. "(15)
Thus, according to these characteristics, can be the conscience of the individual and the collective conscience of the criminal law of Islam acknowledged on the basis of Islamic criminal law of mechanical solidarity "Durkheim" is the gap.
6 - According to experts, the goals of Islamic legislation is summarized in three areas:
A - Safeguarding of what is necessary for people to live
B - provide what is needed by the people
C - Realization of the admiration, (it being of individuals and communities to improve the vaccine.) (16)
7 - Islam has recognized the old laws. Thus, the hypothesis is proposed that the minimum elements necessary to establish a social order in Islam and other religions can be found in the expression of the reality of the Holy Prophet (SAW) and the Imams (AS), the destruction and disintegration of the family past discriminatory laws and closed the thing is, (17) will prove this hypothesis. Accordingly, the minimum (collective consciousness) accept and emphasize the common beliefs of the people to establish social order is found in the non-Islamic societies.
8 - Islamic criminal law, following is notable:
A - As passed, the Islamic criminal law and the rights of the copyright Alnas ... Split. According to the characteristics of these two rights, the right to be in Alnas issues of individual conscience and the right ... Issues considered in the collective consciousness of the criminal law of Islam, the truth about Islam ... Is considered.
B - the problems that exist in the collective consciousness, it is assumed that there is an issue of public awareness and a sense of the collective consciousness of those who are different and are owned or New Vardnd another community, it is accepted that the It feels like people are not aware of it and that, in matters of individual conscience, believing that common sense is not expected.
With reference to the implementation of criminal law, the punishment of death error, than individuals act, knowledge and ignorance are assumed to be guilty of something just from people who have not common Vardnd likely to believe and feel, has accepted the. Accordingly, ignorance or knowledge of the person who committed the crime is punished, punished fulfill criteria and conditions are not known. On the other hand, because of the possibility of life in the community is more than adequate to meet the requirement. (18) Therefore, it can be claimed that around, it is expected that there is a bad practice worthy of the collective consciousness, while being intentional violation of a condition of non-fulfillment punishment has been called. In other words, the punishment is not about discussing personal motivation. It is located in the area of ​​personal conscience.
C - the death of criminal law, the parties to compromise does not reduce crime, whether it is practical, which has hurt the feelings of the community. Thus, the compromise act worthy of punishment, crime has increased (19), whereas in other than criminal law punished, mercy and relief against the judge and the victim until the victim has a claim against the current punishment is not will.
D - the building of Islamic criminal law is not common, but it is expected that the belief and feelings as to what the legislature has found Islam. In other words, expect people to act, it is a spontaneous action and feel the need to create such a belief, it can be seen by referring to traditions such as the theme Rvayaty are presented to the 'Muslim tolerate should Listening to insult the Prophet (pbuh) and the Imams (AS) and Islam have. Muslim blood boil to hear such insults to their lives and safety in case of its violation of the will of the foot. "20
E - The wisdom of a crime punishable by sanctions and about, we acknowledged the fact that, first, public corruption and the collective punishment of this crime is having on the other hand, the corruption of the public is, according to the rule collective consciousness, feelings will be hurt more people and take severe punishment.
In this case, according to the wisdom of sanctions and punishment of sodomy and adultery and about to be explained. (21)
9 - Nearly Islamic capital crimes include apostasy, adultery, sodomy, Msaqhh, ridda, theft, Bghy, drinking alcohol, pimps, and waging war.
Consequences of committing such acts can be stated as follows:
- Prostitution, adultery, and social norms ridda ignore the causal relation is clear.
- Blasphemy, ignoring the principles that govern society.
- Larceny, accused of causing a broken Bghy and financial security and political life and in society.
- Drinking alcohol causes a loss of reasoning power and, consequently, Nadydyh the social norms and financial security and criminal acts that result in disruption and uncertainty relations is relative.
- Sodomy and lesbianism disregard social norms as well as the reproduction and it is closed when it is based on the life of any community.

Conclusions
Thus, we can conclude that according to Islamic penal law, at least in the collective consciousness is the belief that social order and common sense and a sense of community and a shared belief in the principles that govern social norms laid down for the majority of the population Inhibition of causal relations and reproduction, and common sense beliefs and the norms laid down for financial security, and political life.
So a society that at least half of the people with common sense and a belief in the principles of society and social norms and transparent reproduction of the causal relationships that meet and adhere to the norms of financial security and life to large There are, according to the criminal law of Islam, Islam is the minimum elements necessary to establish social order.

Footnotes:

1 - Original "collective consciousness at least establish social order of Islam," Hassan kheiri, knowledge of newspaper,
2 - William Skidmore, "Theoretical thinking in sociology," Ali Mohammed Baqir Translation now and Associates, Tehran, Ambassador, 1372, p 22
3 - Emile Durkheim, about "social division of labor", translated sons, Babylon, Babylon Welovemazda, 1369, p 92
4 - Alan outdoor "social culture" Sarokhani Baqir Translation, second edition, Tehran, Kayhan, page 51
5 - l. K: Chalmers Johnson, "revolution", translated by H. Elias, Amir Kabir, 1363, p 132
6 - ibid, p, 31
7 - ibid, p, 32
8 - l. K: Chalmers Johnson, "revolution", translated by H. Elias, Amir Kabir, 1363, p 27
9 - ibid, p 42
10 - Emile Durkheim, previous, page 77
11 - ibid, p 128
12 - Allameh Tabatabai, "balance", translated by Seyyed Bagher Musavi Hamadani, the office of publication, vol 19, p 286
13 - The same, vol 10, p 388
14 - r. R. To: Ali Faiz, "Mqarnd and implement the general criminal law of Islam", Third Edition, published by the Ministry of Culture and Islamic Guidance Chapv, 1373, p 345
15 - r. R. To: Abdul Odeh, "Criminal Law in Islam ', translated by A. Ghafoor, Quds Razavi Mashhad, Islamic Research Foundation. 1373, pp. 279
16 - Ibid, p 276
17 - r. R. Haji Mirza Hasan Nuri Tabarsi, "Mstdrk Alvsylh" Al-Bayt Institute PBUH Lahya’ Altras, vol 18, pp. 7 and Naser Makarem Shirazi, "interpretation of" Islamic Daralktb, vol 2, p 382
18 - r. R. Abdul Odeh, "Criminal Law of Islam", the translation of Nasir al-Adha or the publication of Volume 1, pp. 21, 162, Abu Ja'far Muhammad ibn Ali Alsdvq, "I Yhzr La Alfqyh" Qom Seminary Teachers Society, Volume 4, Page 55 of Imam Khomeini, "wrote Alvsylh" Darallm Press Institute, volume 2, second edition, page 456
19 - r. K. Mstdrk Alvsylh, vol 18, p 113, Vahralamly, "Shia means" Volume 13, Alnkah, pp. 244 and La Yhzr Alfqyh I, page 38.
20 - "Mstdrk Alvsylh" pp. 106 f 18 and "utensils Shia", vol 14, p 170
21 - r. K. "means Alnkah Shia," pp. 258, 252, 249, 255, and Abu Ja'far Muhammad ibn Ali Alsdvq, 'cause Alshray ", Beirut, Ella Institute of Science, 1408, vol 4, 547, and 479
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موافقین ۰ مخالفین ۰ ۹۲/۰۶/۰۱
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