نظام الحكم الديمقراطي في فلسفة سبينوزا السياسية

تُعنى هذه الدراسة ببيان نظام الحكم الديمقراطي عند سبينوزا ، والذي له أهمية كبيرة في الفلسفة الحديثة بصورة عامة، والفلسفة السياسية بصورة خاصة ، والذي يصفه سبينوزا بأنه الأفضل من بين أنظمة حكم الدولة الموجودة، وكل ذلك من خلال بيان الفلسفة السياسية عنده ، لتكون الصورة واضحة ومتكاملة، وقد استخدمنا المنهج الوصفي في بيان أفكاره السياسية ، وتتبع هذه الأفكار بصورة تفصيلية، من خلال مقدمة ومجموعة من المحاور وخاتمة ونتائج لهذه الدراسة، والتي توصلنا من خلالها إلى إن ما يدعو إليه سبينوزا من خلال فلسفة السياسية في إدارة الدولة هو النظام الديمقراطي، لأنه أفضل الأنظمة السياسية التي تحقق العدالة والمساواة والحرية للمجتمع ، والطمأنينة والسلام والسعادة للفرد.

Fasal Fil Ardh and its Punishment under Islamic Law

All┐h almighty has commanded that do not create mischief “Fas┐d” on earth after it has been set in order.(Al-I‘r┐f:56. According to the Holy Qur’┐n, this land was created neat, clean, peaceful and free from all kinds of disorders but due to subversive activities of Jinn and human being, and violation of laws revealed from God, the situation gradually changed and ultimately disorder prevailed on land and sea because of “What the people earned with their own hands” (Al-Rom: 30) Allah almighty sent revealed books and Messengers from time to time to guide the people toward the straight path and to reform the disorder on earth but disobedience continued and the situation continued to deteriorate gradually. The word ‘Fas┐d” is literally used in the meaning of putridity, wickedness, immorality, corruption, sinful act and badness. Technically, it means: the violation of commandments enjoined by the Shari‘ah nullifying its positive effects on the society”. The Hanafi jurists have used the word ‘Fasad or F┐sid for a contract where one or more of its conditions are missing. Its validity will stand restored as and when the missing conditions are fulfilled. According to majority of the jurists, the contract may be either valid or void and there is no provision of F┐sid contract. In Islamic jurisprudence, the expression ‘Fas┐d fil ’ar╔ is not used for the commission of any specific crime or sinful act. In the Holy Qur’┐n it has been used for various crimes and sinful acts ranging from minor crime, like destroying crops and cattle, less measuring, violation of the provisions of covenant, to heinous crimes like murder, dacoity, Infidelity, atheism and polytheism. Likewise, the activities of Gog and Magog, Namrod, Pharaoh, and the abominable deeds of the followers of Messenger Lut and the acts of disobedience by other tribes including Bani Israel,‘└d and Tham┴d have been termed as Fas┐d fil ’ar╔. The commentators of the Holy Qur’┐n while elaborating relevant verses on Fasad, have listed various crimes which come within the purview of Fas┐d fil ’ar╔ like, all Hud┴d and Qi╖┐╖ related crimes; infidelity; propaganda against Isl┐m and the Holy Prophet; contempt of the Holy Prophet etc. Some known scholars and writers have set a principle, according to which, a crime becomes Fas┐d fil ’ar╔ if it is committed in a horrifying manner, not in a normal way, creating terror in the locality, creating sense of insecurity in the society like using lethal weapons for killing a person, cutting his body parts into pieces or burning a dead body. In such circumstances, the crime will be treated as Fas┐d fil ’ar╔ and not a normal crime of murder. Likewise, if rape is committed in a broad day light by using weapons to create terror in the locality and forcing the victim to walk nakedly through the streets, it will be treated as Fas┐d fil ’ar╔ and not a simple crime of rape, liable to punishments prescribed for Fas┐d fil ’ar╔. According to Al-M┐idah: 33: “Those who fight against All┐h and His Messenger and run about trying to spread disorder on earth, their punishment is no other than that they shall be killed, or be crucified, or their hands and legs be cut off from different sides, or they be kept away from the land (they live in). That is a humiliation for them in this world, and there is a great punishment for them in hereafter.” According to jurists and renowned commentators of the Holy Qur’┐n, the punishment prescribed in the above verse shall not be confined to dacoity only but applied in other heinous crimes like rape, Gang rape, abduction for ransom, corruption and terrorism etc. These crimes are not less than war against All┐h and his Apostle in any sense. This view is also upheld by the Hon. Judges of superior Courts of Pakistan. It is on record that the rightly guided Caliphs had awarded death penalty for some of the crimes for which death penalty has been prescribed in the holy Quran and Sunnah of the Holy Prophet, like nonpayment of Zakat, drinking wine repeatedly, committing theft fourth times, sodomy, involvement in sorcery and incest etc. Under the principle of Siy┐sa-al-Shar‘┘ah, the head of the state or parliament has been given vast powers to take any measure to cope with the law &order situation, maintain peace and protect the interests of the community. There is a need to take benefit from the wisdom cantained in this expression while legislating laws in the country.If the expression Fasad fil ardh and the wisdom contained in it,is appropriately included in the existing criminal law, by defining it,bringing various crimes under it and prescribing punishment for it in the light of Qur’┐n and Sunnah, it will prove helpful in controlling crimes and restoring peace and tranquility in the society.