نوع مقاله : مقاله پژوهشی
نویسندگان
1 استادیار، گروه حقوق بشر و محیطزیست، دانشکده حقوق، دانشگاه شهید بهشتی، تهران، ایران
2 استادیار گروه اقتصاد پژوهشکده علوم اجتماعی پژوهشگاه حوزه و دانشگاه
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
Extended Abstract
Introduction and Objectives: The social conditions and circumstances of specific groups shape concepts of rights, mainly in the forms of claim-rights, power-rights, and immunity-rights. These include rights to minimum welfare and social security, access to social assistance and participation, public services, and citizenship rights (through aid, legal assistance, and charitable contributions). Such rights emphasize empowerment, social interaction, social change, welfare enhancement, and meeting individual and collective needs.
Corresponding to these rights, obligations emerge for governments, private sectors, and individuals. In Iran’s legal system, however, social work has not been adequately framed within comprehensive jurisprudential foundations. Reliance on individual-centered jurisprudence has limited the effectiveness of social work in addressing the broad scope of social challenges. If ḥisbah (public duties) and takāful (mutual solidarity) are taken as bases for social work and social security, their scope and hierarchy of authority would be decisive in determining related rulings.
The central research question is therefore: How does social work embody a jurisprudential discourse, and what conception of the state emerges in relation to social work within this framework? The study also aims to critique existing models of state intervention in social work and to outline jurisprudentially grounded principles guiding the scope and nature of such intervention.
Method: This study adopts a library-based approach, combining descriptive-analytical methods with both inductive and deductive reasoning.
Findings: Social work is inherently tied to both the “system of rights” and the “state.” Its shortcomings in Iran largely stem from being understood merely as iḥsān (benevolence) or voluntary charity. An optimal model, however, must shift from recommendations and voluntary aid toward obligatory duties framed in terms of rights, grounded in Islamic jurisprudence.
Existing models—characterized by overdependence on the state, weak civil participation, bureaucratic inefficiency, and politicization—are not only ineffective but also alien to Islamic social discourse. In contrast, an Islamic model centers on clients’ rights, prioritizing equality, justice, and human dignity. This entails recognizing clients’ participation, respecting their religious values and preferences, and enabling self-reliance, alongside ethical commitments such as autonomy, honesty, justice, and responsibility.
In an Islamic framework, the role of the state in social work is defined by principles of justice, human dignity, and social solidarity. Its responsibilities extend beyond welfare provision to include preventive measures, empowerment, fair distribution of resources, policy-making, infrastructure development, and cooperation with civil society.
Discussion and Conclusion: In many societies, receiving assistance is often framed morally or individually, sometimes accompanied by social stigma. In contrast, Islamic rational and jurisprudential foundations define it as a “right.” Thus, social work—drawing upon both social sciences and indigenous knowledge—facilitates collective responses to life’s challenges and promotes wellbeing.
Social work aligns with three traditions:
Conditions: Altering environments to benefit the most vulnerable;
Choice: Expanding autonomy and access to equal opportunities;
Outcomes: Maintaining social order while ensuring substantive equality through targeted state intervention.
Equality in obligations requires equality in enabling conditions, which social work must provide. The Islamic principle of valuing the “strong believer” underscores the duty of state and society to enhance social capabilities, ensuring that the system is not designed exclusively for the already empowered.
Accordingly, government intervention should not be limited to market-based remedies or superficial policy adjustments. Instead, drawing on social work, it should address both policy and structural shortcomings. From a Foucauldian perspective, power is not confined to the state but operates as a network across society. Thus, the Islamic approach aligns with an empowering model rather than a palliative one: reducing dependency on direct aid while fostering individual and collective capacities for self-sufficiency.
Acknowledgment: The authors express gratitude to the reviewers and editorial team of Islam and Social Sciences.
Conflict of Interest: The authors declare no conflict of interest.
کلیدواژهها [English]
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