The Dialectic of Sharia and Security: Security in the Political Jurisprudence of Kashif al-Ghita
Pages 11-39
https://doi.org/10.22034/ssq.2026.584180.4384
Hossein Hamzeh
Abstract Introduction Security is a fundamental human need, and every normative system conceptualizes it in accordance with its own values and objectives. In Imami Shi'a jurisprudence, security is not treated as a distinct legal category. Rather, its various dimensions are addressed through concepts such as defensive jihad, preservation of the integrity of Islam, repelling aggression, maintaining social order, and protecting religious rites. Understanding the significance of security in the works of early Shi'a jurists therefore requires reconstructing the relationship among these concepts. To understand the significance of this issue in the political jurisprudence of Shaykh Ja'far Kashif al-Ghita, it is necessary to consider the historical context of his time. At the beginning of the thirteenth century AH (late eighteenth century CE), Shi'a communities faced two distinct forms of threat: incursions by the Russian Empire, which endangered Islamic territories and Muslim lives, and Wahhabi attacks on the Shi'a holy cities, which combined threats to religious and communal identity with physical insecurity. Although Kashif al-Ghita did not regard the Qajar monarchy as inherently legitimate, he authorized Fath-Ali Shah to mobilize forces for the defense of Islamic territories. This raises a fundamental question: How did his jurisprudence permit the use of the ruler's political and military capacities for the fulfillment of the duty of defense without conferring inherent legitimacy on the monarchy? The central research question is: How can the security logic of Kashif al-Ghita's political jurisprudence be reconstructed through his jurisprudential concepts and rulings, and what mechanism does his thought provide for regulating the relationship among Sharia, political authority, and active defense in response to threats? The study argues that the central concept underlying this security logic is “preserving the integrity of Islam” (hifz-e bayza-ye Islam). When a serious threat emerges, Sharia activates its protective functions through rulings concerning defensive jihad, the protection of religious rites, and the granting of limited authorization to political authority. Security, therefore, is not externally imposed on Sharia; rather, the presence of a threat elevates its significance as a jurisprudential principle and brings it to the forefront. Methodology The study employs a descriptive-analytical approach based on a close reading of Kashif al-Ghita's Kashf al-Ghita and his treatises on jihad, with particular attention to the historical context in which his views were articulated. To avoid conceptual anachronism, the study distinguishes between the jurist's own terminology and the analytical concepts used to interpret his thought. The theoretical framework consists of three levels: Islamic political philosophy, which views security as a condition for the possibility of collective social life; jurisprudence, which translates this foundation into the normative objective of “preservation”; and the question of the “referent of security,” through which concepts such as the preservation of the integrity of Islam and dar al-Islam (lands under Islamic rule) are identified as the principal objects of protection. Findings and Discussion The referent of security. In Kashif al-Ghita's political jurisprudence, security cannot be reduced to the ruler or the state. His ruling on jihad against Russia was not intended to defend the ruler personally, but was justified in terms of preserving Islam. The primary referent of security is the “foundation of Islam,” a fundamental entity on which the survival of religion, social order, territorial frontiers, and religious rites depends. This referent encompasses several interconnected levels: the integrity of Islam, dar al-Islam, the Muslim community, and religious rites. Addressing military threats. In Kashif al-Ghita's jurisprudence, confronting military threats constitutes a religious obligation under the category of defensive jihad. A distinctive feature of his jurisprudence is what this study conceptualizes as “delegated security authority.” When a jurist lacks the material means necessary to exercise political and military power, he may authorize a capable ruler to undertake the practical task of providing security. By granting religious authorization to Fath-Ali Shah, Kashif al-Ghita placed the ruler in the position of an agent responsible for organizing defense. The Qajar monarch was therefore neither the referent of security nor the source of the legitimacy of defense. Rather, he functioned as an executive authority acting under the jurist's authorization. Addressing intellectual and religious threats. In Kashif al-Ghita's thought, threats are not limited to physical aggression. Any development that undermines the intellectual and religious cohesion of the Muslim community may constitute a broader security threat. Insults against the Prophet Muhammad, because of their potentially disruptive impact on the foundations of the religious community, give rise to a collective obligation and require Muslims to respond to them. The dialectic of Sharia and security. The “dialectic of Sharia and security” in this context does not imply a conflict or contradiction between security and the requirements of Sharia. Within Kashif al-Ghita's jurisprudential framework, security is not introduced as an external, non-religious interest. Rather, it is derived from concepts such as protecting the integrity of Islam and defending the frontiers of dar al-Islam. This relationship operates through two mechanisms: changes in legal rulings resulting from changes in the subject matter, and the principle that more important legal considerations take precedence in times of crisis. Conclusion The central finding of the study is that the “referent of security” in Kashif al-Ghita's political jurisprudence is neither the monarchy nor the state, but the foundation and integrity of Islam. His ruling on jihad against Russia should therefore be understood not as an endorsement of Qajar rule, but as a religiously grounded defense of the frontiers of dar al-Islam. An examination of the concept of “authorized monarchy” (saltanat-e ma'zun) shows that Kashif al-Ghita distinguished between the inherent legitimacy of political authority and the functional authorization granted to an existing ruler. His authorization of the Qajar monarch did not amount to an absolute legitimation of the monarchy. Rather, it constituted a limited authorization to organize and conduct defensive action. From this perspective, security in Kashif al-Ghita's thought does not represent a departure from Sharia. Instead, it constitutes an important domain through which the objectives of Sharia become operative in protecting Islam and the Muslim community.


