A Jurisprudential Re-reading of the Scope of Obedience to Parents and Mentors: The Conflict between the Mawlawī and Irshādī Approaches in Tension with the Right of Obedience

Asadi Koohbad, Hormoz; HeidariAjhdar, AliMohammad; Alboghobish, Sadegh

A Jurisprudential Re-reading of the Scope of Obedience to Parents and Mentors: The Conflict between the Mawlawī and Irshādī Approaches in Tension with the Right of Obedience

Articles in Press

Document Type : Original Article

Authors

hormoz Asadi Koohbad ¹

AliMohammad HeidariAjhdar ²

sadegh alboghobish ³

¹ Department of law, Ramhormoz .C .,Islamic azad university, Ramhormoz , Iran (responsible author)

² Department of Jurisprudence and Fundamentals of Islamic Law, Ramhormoz Branch, Islamic Azad University, Ramhormoz, Iran

³ Department of Education, Arvand International Branch, Islamic Azad University, Arvand, Iran

Abstract

The primary objective of this research is to re-examine the boundaries of obedience and to provide a coherent model for resolving educational conflicts within the 'sphere of permissibility' (al-farāgh). Utilizing a descriptive-analytical method and employing the rules of Usūl al-Fiqh (Principles of Jurisprudence), this study analyzes the nature of discourses and the four proofs. The findings indicate that reducing all educational commands to 'guidance-based rulings' is incorrect. Regarding parents, although the primary rule is the absence of inherent guardianship (wilāyah), their commands in matters of permissibility acquire a Sharia-based character and become binding due to the secondary principle of 'the prohibition of causing harm' (hurmat al-idhā’) and the 'obligation of filial piety' (wujūb al-birr). As for educators, commands pertaining to veneration and humility possess a 'Sovereign-essential' (Mawlawī Nafsī) nature or are highly recommended (mustahabb mu'akkad). Ultimately, by proving the theory of 'Extensive Sovereignty' (al-mawlawiyyah al-ṭūliyyah), the research demonstrates that obedience to parents and educators is subordinate to obedience to God; meaning that, in the absence of disobedience to the Creator, respecting their rights—as an instance of divine obedience—takes precedence over other recommended acts and holds legal validity."
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Keywords

Obedience to parents

Rights of educators

: Mawlawī and Irshādī rulings (یا Sovereign and Guidance

based rulings)

Haqq al-ta‘āh (یا The right to

command)

Educational Jurisprudence

Subjects