نوع مقاله : مقاله پژوهشی
نویسندگان
1 استاد سطوح عالی حوزه علمیه، هیئت علمی مؤسسه پژوهشی فقه نظام، قم، ایران
2 دانشیار، پژوهشکده فقه و حقوق، پژوهشگاه علوم و فرهنگ اسلامی، قم، ایران.
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Migration and residence in a land constitute one of the fundamental human rights, a principle emphasized both in Islam and in the Universal Declaration of Human Rights. However, like other rights, this right is subject to certain conditions and regulations. A jurisprudential examination of these conditions is of particular importance in light of the Qur’an’s emphasis on the issue of hijrah (migration), as well as the extensive scope and qualitative and quantitative transformations of migration from Islamic lands in the contemporary period. Accordingly, this study adopts an ijtihadi (juristic reasoning) method, focusing on the final verses of Surah al-Anfal, to explore the conditions and regulations governing migration. After presenting the views of contemporary jurists, the manner of reasoning from the Qur’anic verses, along with the scope and details of this ruling, is examined. What emerges from the jurisprudential interpretation of these verses is the obligation to migrate to the territory of the Islamic state and the prohibition of migrating from it, based on the criterion of establishing and preserving bonds of wilayah and political–social relations with the Imam and the Islamic community (state and nation), as well as maintaining clear boundaries with the community of unbelievers and enemies. Determining the subject matter and specific instances of this obligatory ruling—similar to obligations such as jihad and assistance—at any given time and place falls under the authority of the wali al-amr of the Islamic state. Therefore, coherent policymaking in the field of migration, with due consideration of the opportunities and threats of each era, is regarded as one of the important duties of the Islamic state.
کلیدواژهها [English]
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