Islamic Political Theory (Legislation): Volume 2

Islamic Political Theory (Legislation): Volume 2 11%

Islamic Political Theory (Legislation): Volume 2 Author:
Translator: Mansoor L. Limba
Publisher: Ahlul Bayt World Assembly
Category: Islamic Philosophy
ISBN: 978-964-529-455-5

Islamic Political Theory (Legislation): Volume 2
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Islamic Political Theory (Legislation): Volume 2

Islamic Political Theory (Legislation): Volume 2

Author:
Publisher: Ahlul Bayt World Assembly
ISBN: 978-964-529-455-5
English

This book is corrected and edited by Al-Hassanain (p) Institue for Islamic Heritage and Thought


This book is (two volumes)  taken from www.al-islam.org.
 

Islamic Political Theory (Legislation): Volume 2

The second of two volumes of the renowned and comprehensive text on Islamic political theory by Ayatullah Misbah Yazdi, dealing with the importance of recognizing Islam as the basis of any just political theory, methods of implementing such a theory by the government, and comparing and contrasting this Islamic system with the system predominant in most Western ans secular nations.

Author(s): Ayatullah Muhammad Taqi Misbah Yazdi

Translator(s): Mansoor L. Limba

Publisher(s):  Ahlul Bayt World Assembly

Table of Contents

Preface 7

Introduction. 9

Referernces 12

Session 24: Grand Strategies in the Realm of Governance and Implementation (Part 1) 13

The exigency of government 13

Different approaches on objectives of executive power 13

Aim of prophets (‘a) in establishing government 15

Impact of social challenges on conduct of liberal system. 16

Reason behind individuals’ inclination towards liberalism. 17

A perspective on the structure of Islamic government and state 18

The government must be accepted by the people 19

References 21

Session 25:Grand Strategies in the Realm of Governance and Implementation (Part 2) 22

Government as perpetually needed by human society. 22

Need for government according to Islam and the Qur’an. 22

The exigency and source of power 24

Administrators must be God-wary and morally sound. 25

An examination of the legitimacy of government in political philosophy. 25

Difference between Islamic and liberal perspectives on legitimacy. 27

References 30

Session 26: Special Functions of State and Islamic Perspective on Public Participation  31

Exclusive functions of state 31

Dual structure of functions of state 33

Need for organizations dealing with low-income strata of society. 34

The Islamic paving of ground for public participation. 35

Factors undermining public participation. 35

Status of civil society in Islam. 36

New ways of opposing Islamic criteria for selection. 37

Need to preserve Islamic values and principles and counter enemy plots 38

References 40

Session 27: A Perspective on the Distinctive Structure of the Islamic State 41

Fundamental difference between government in Islamic and secular systems 41

Presentation of a secular state model by those enamored by Western culture 41

State’s mission to preserve and promote Islamic mottos 42

Methods employed by the state to fulfill its responsibilities 42

Model of totalitarian and liberal states 43

Islam’s idealistic and realistic perspective on state 45

Defects of a state’s centralized system. 47

References 49

Session 28: Observance of Values and Legitimate Freedom in an Islamic State 50

A glance at the state’s raison d’être 50

First principle of human conduct 51

Islam’s instructive approach in enacting penal and criminal laws 53

The state’s fixed and alterable duties 54

Difference in manner of implementing laws between Islamic and other states 55

References 58

Session 29: The Political Hierarchy in the Islamic State 59

Specific duties of an Islamic government 59

Qualifications of Islamic state officials 59

1. Knowledge of law. 60

2. Moral excellence 60

3. Managerial skill and experience 61

Necessity of determining origin of statesmen’s qualifications 61

Rejecting the value-laden approach of Kant in the realm of behavior 61

Islam’s non-judgmental approach in value-giving and assigning duties 63

Worship has different degrees of value 63

Categorized models of Islamic government 65

Rational proof of the wilayah al-faqih system. 66

References 68

Session 30: The Connection between the Absolute Guardianship of the Jurist and the Islamic Government Establishment 69

Balance between prerogatives and duties in the Islamic state 69

Connection between absolute guardianship (wilayat-e mutlaq) and government prerogatives 69

People’s skepticism on absolute guardianship. 70

Investigating the structure of Islamic government 71

1. The extensiveness and irrevocability of Islamic laws 71

2. Presentation of government models derived from Islam. 72

Precedence of the notion of “state within a state” in Islam. 73

Imam Khomeini’s presentation of “absolute guardianship of the jurist” 74

Description of wilayat al-faqih in the maqbulah of ‘Umar ibn Hanzalah’ 76

Islam’s view on separation of powers 78

Grounds for overlapping of functions 79

References 81

Session 31: An Examination and Criticism of the Theory of Separation of Powers 82

Historical trend leading to the theory of separation of powers 82

Reasons behind the separation of powers 82

The impossibility of totally separating and delineating the powers 83

Need for an institution that coordinates and supervises the three powers 85

Wilayah al-faqih as the unifying axis of society and the political system. 86

Session 32: The Exigency of Elucidating the Ideological Position of the Islamic System   89

Different levels of understanding the Islamic government 89

1. General understanding. 89

2. Specialized and technical understanding. 90

3. Average understanding. 90

A review of the characteristics of law and its necessity. 91

Another review of the qualities of the implementers of Islamic laws 92

Theoretical connection of Islamic government with ideological principles and foundations 93

Logical and rational basis of Islamic government’s linear degrees 94

Presenting some questions regarding Islamic government 95

References 97

Session 33: Islam and Different Forms of Government 98

Skepticism on Islam’s alleged lack of government planning and program. 98

Refuting the abovementioned skepticism and stating the Islamic viewpoint on the form of government 99

The impossibility of presenting a fixed government structure 100

Skepticism on alleged temporal and worldly nature of government and obsoleteness of Islamic laws 101

Refutation of the above and the connection between Islam’s immutable and alterable laws 102

Divine laws’ jurisdiction encompasses all spheres of human activities 105

References 108

Session 34: The Position of Islamic Laws and Our System’s Superiority over Other Systems 109

Connection of the immutable laws of Islam with government structure and alterable laws 109

Primary and secondary laws and the secondary laws’ alleged conflict with Islam  110

Shortcomings of the democratic systems 112

Exigency of the powers’ coordinating agency. 113

The coordination of powers in the wilayah al-faqih system. 114

The wilayah al-faqih system’s superiority over other systems 114

1. Internal cohesion. 115

2. Internal and external executive guarantee 115

3. The Leader possessing the highest degree of piety and merit 117

4. Observance of the spiritual and real interests of human beings 118

Session 35: The Connection between Freedom, State and Laws 121

The alleged incompatibility of an appointed ruler with freedom and democracy  121

Examining intrinsic freedom and negating the theory of predetermination. 121

No contradiction between the internally value-oriented system and freedom. 122

The connection between religious, obligations and freedom. 124

The connection of hudud and ta‘zirat with freedom. 126

The existence of state and laws negates absolute freedom. 127

The exigency of linking sovereignty with Allah. 128

References 132

Session 36: Need for Decisiveness in Implementing Islamic Ordinances 133

Social impact of human action and the necessity of government 133

The legitimate source of government and the enigmas of democracy. 134

1. First objection. 134

2. Second objection. 135

3. Third objection. 135

The government’s legitimacy in Islam. 136

The prophets and their way of guiding people 136

The need to remove obstacles along the way of guidance 137

The necessity of preserving divine values and negating Western values 139

Decisiveness in implementing laws and struggling against enemies of the system  140

Warning people against conspirators and mercenaries 142

References 144

Session 37: A Scrutiny of the Issue of Violence 145

The enemies’ sinister propaganda and activities against Islam. 145

The West and its pretentious defense of human rights 146

Resorting to violence and plotting to topple down the Islamic system. 147

Paving the ground for the absence of people from the scene 147

The exigency of confronting cultural conspiracies and misgivings about religious sanctities 149

Islam’s description of God’s mercy and wrath. 151

The necessity of confronting enemies and hypocrites, and eliminating impediments to guidance 152

Opposition to the penal and criminal laws of Islam. 154

Violent measures not confined to the domain of penal and criminal laws 155

Islam and the need to answer all academic objections under all circumstances 157

Confronting the conspiracies and reaction of foreigners 158

The Qur’an and the need to repudiate and be inimical to its enemies 159

References 161

Session 38: Confrontation of Western Ideas and Beliefs’ with Islamic Laws 162

The Constitutional Movement and propagation of Western values 162

Some writers’ displeasure at the presentation of ideal freedom in Islam. 163

Islamic decree on enemy combatants and agents of corruption on earth. 163

The consequences of the lack of decisive step against conspirators 164

Irresponsible stances against the issue of violence 166

An examination of the synonym of the word “violence” in the Qur’an. 166

The Western and Islamic concept of tolerance 167

References 170

Session 39: An Investigation of the Relativity of Values and Religious Narratives 171

Religion as absolute or relative 171

Three approaches to the relativity of knowledge 171

1. First approach to the relativity of knowledge 172

Reference 174

2. Second approach to the relativity of knowledge (relativity of values) 175

References 180

3. Third approach to the relativity of knowledge (relativity of religious knowledge) 181

References 185

Session 40: Religious Knowledge: Fiction or True Reflection?. 186

The status of realistic and unrealistic languages 186

The motive of introducing the language of religion as symbolic and unrealistic 187

Westernized intellectuals, the promoters of the theory of relativity of religion  188

Eclectic understanding of the story of Habil and Qabil 189

The presentation of an ambiguous image of religion. 191

Comparing the Qur’an with the language of poetry as a justification of pluralist interpretations 192

The plurality of interpretations and trends of knowledge in hermeneutics 194

Words and the possibility of their arriving at different truths 195

The possibility of acquiring absolute and real knowledge of the Qur’an. 196

The relativists’ unfounded claim of Qur’anic language being unreal 197

Imam ‘Ali’s (‘a) expression of concern over cultural confusion and the distortion of religion  198

The necessity of removing personal preferences from the domain of religion  201

References 203

Preface

قَالَ رَسُولُ اللهِ. ص:

إنِّي تَارِكٌ فِيكُمُ الثَّقَلَيْنِ: كِتَابَ اللهِ وَعِتْرَتِي أهْلَ بَيْتِي، مَا إنْ تَمَسَّكْتُمْ بِهِمَا لَنْ تَضِلُّوا بَعْدِي أبَداً، وَإنَّهُمَا لَنْ يَفْتَرِقَا حَتَّى يَرِدَا عَلَيَّ الْحَوْضَ.

The Messenger of Allah (s ) said:

“Verily, I am leaving among you two precious things [Thaqalayn ]: The Book of Allah and my progeny [ ‘itrah ], the members of my Household [ Ahl al-Bayt ]. If you hold fast to them, you shall never go astray. These two will never separate from each other until they meet me at the Pond [ hawd ] (of Kawthar ).”

Some of its references :

Al­Hakim an­Nayshaburi,Al­Mustadrak ‘ala al-Sahihayn (Beirut), vol. 3, pp. 109-110, 148, 533.

Muslim,As-Sahih , (English translation), book 31,hadiths 5920-3.

At­Tirmidhi,As-Sahih , vol. 5, pp. 621-2,hadiths 3786, 3788; vol. 2, p. 219.

An-Nassa’i,Khasa’is ‘Ali ibn Abi Talib ,hadith 79.

Ahmad ibn Hanbal,Al-Musnad , vol. 3, pp. 14, 17, 26; vol. 3, pp. 26, 59; vol. 4, p. 371; vol. 5, pp. 181-182, 189-190.

Ibn al­Athir,Jami ‘al­Usul , vol. 1, p. 277.

Ibn Kathir,Al­Bidayah wa’n­Nihayah , vol. 5, p. 209.

Ibn Kathir,Tafsir al-Qur’an al-‘Azim , vol. 6, p. 199.

Nasir ad-Din al-Albani,Silsilat al-Ahadith as-Sahihah (Kuwait: Ad-Dar as-Salafiyyah), vol. 4, pp. 355-358.

بِسْمِ اللَّهِ الرَّحْمَٰنِ الرَّحِيمِ

In the Name of Allah, the All-beneficent, the All-merciful

The preservation of the precious legacy left behind by the Holy Prophet’s Household [Ahl al-Bayt ] (may peace be upon them all) by their followers from the menace of extinction is exemplified by an all-encompassing school [maktab ], which covers all the different branches of Islamic knowledge and trains sincere seekers of the truth. It has on its list of scholars many talented personalities who have benefited from this immense wealth of knowledge. This school has presented scholars to the Muslimummah who, by following the Holy Prophet’s Household (‘a ), have been granted the authority to remove doubts and skepticism encountered by various creeds and intellectual trends both inside and outside Muslim society, and have throughout the past centuries, presented the firmest answers and solutions to these doubts.

Anchored in the responsibilities it is shouldering, the Ahl al-Bayt (‘a ) World Assembly has embarked upon defending the sanctity ofrisalah [apostleship] and its authentic beliefs-truths which have always been opposed by chiefs and leaders of anti-Islamic sects, religions and trends. The Assembly regards itself as a follower of the upright pupils of the Ahl al-Bayt’s (‘a ) school-those who have always, based on the expediencies of

time and space, logically refuted all accusations and been foremost in their efforts to clarify all misunderstandings.

The empirical knowledge preserved in their books (of the scholars of the Ahl al-Bayt’s (‘a ) school) is unique because it is based upon intellect and reasoning, devoid of any iota of blind prejudice, whims or caprice. It addresses experts, scholars and thinkers in a manner that is acceptable to a healthy human mind [fitrah ].

In order to disseminate the truth, the Ahl al-Bayt (‘a ) World Assembly has included this valuable knowledge within the framework of research and writing of contemporary Shiah writers or those who, through divine guidance, embrace this noble school.

This Assembly is also engaged in the study and publication of valuable works of pious predecessors and outstanding Shi‘ah personalities so that seekers of truth can quench their thirst from this refreshing fountain of knowledge offered by the Holy Prophet’s Household (‘a ) as a gift to the entire world.

It is hoped that our readers do not deprive the Ahl al-Bayt (‘a ) World Assembly of their valuable views and suggestions as well as constructive criticism in this arena.

We also invite scholars, translators and other institutions to assist us in propagating the pure Original Islam of Muhammad (s ).

We ask God the Exalted, to accept this trivial effort and enhance it further under the auspices of His vicegerent on earth, Hadhrat al-Mahdi (may Allah the Exalted, expedite his glorious advent).

We express our utmost gratitude to Professor Ayatullah Muhammad Taqi Misbah Yazdi for writing the book, Mr. Mansoor Limba for translating it, and all our honorable colleagues, especially the dear ones in the Translation Office for accomplishing this task.

Cultural Affairs Department

The Ahl al-Bayt ( ‘a ) World Assembly

Introduction

بِسْمِ اللَّهِ الرَّحْمَٰنِ الرَّحِيمِ

In the Name of Allah, the All-beneficent, the All-merciful

أَلْحَمْدُ للهِ رَبِّ الْعَالَمِيْنَ وَ صَلَّى اللهُ عَلىٰ سَيِّدِنَا وَ نَبِيِّنَا مُحَمَّدٍ وَ آلِهِ الطَّاهِرِيْنَ وَ لَعْنَةُ اللهِ عَلىٰ أَعْدَائِهِمْ أَجْمَعِيْنَ

All praise is due to Allah, the Lord of the worlds, and may the blessings of Allah be upon our Master and Prophet Muhammad, and his pure progeny, and may the curse of Allah be upon all their enemies.

One of the most fundamental and essential questions in political philosophy is the question of exigency of government and state. The existence of an established government has been considered to be among the initial stages of departure of human life from its primitive and nomadic form, formation of human societies, and structural transformation in human life. Only a small group in the past and in the 19th century-such as Claude Henri de Rouvroy Saint-Simon (1760-1825) and Pierre Joseph Proudhon (1809-65)-believed in the abolition of government from society.

According to Saint-Simon, the human mind and intellect has the capability to relieve society from peril and organize it. In the opinion of the anarchists and those who oppose government, man has a pure nature that urges him to accept good desires and pleasant demands. This group also believed that a government is not in harmony with human freedom, and the preservation of human dignity and freedom requires the uprooting of government from man’s life.

Sociological studies show that man has always, and under all circumstances, regarded the formation of state and government as indispensable and based on his natural disposition [fitrah ] and intellect [‘aql ], because of man’s basic need of company and an innate inclination toward collective living. It is only under the aegis of social life and a cohesive organization, in which the rights of all are respected, that man can subsist. Otherwise, humanity will plunge into chaos, barbarity, savagery, injustice, jungle-like inequality, and lawlessness.

The forms of government and the existence of fundamental differences in the structure and approach of grand administrative systems of societies are based on different epistemological systems, various worldviews and their concept of human beings. If a human being is considered as a mere physical body, the ultimate aspirations for him would be to be well provided materially and his welfare, comfort and happiness be ensured. From this perspective, all efforts would be directed toward animal needs and pleasure. However, if we treat man as superior to materiality, and lay the foundation of a political system based on the multi-faceted material and spiritual dimensions of human existence, a government would pursue man’s material welfare and spiritual ascension. It is through this criterion and outlook on man and the choice of ideals that we shall examine the political thoughts as well as the performance of governments; because the origin of political thoughts is the very insight and ideal and without them political thoughts have no essence.

Nowadays, in the realm of political discussions, only a few pay attention to the fundamental perspective on man and his sublime aspirations. The sociological approach focuses mainly on the material benefits totally sidetracking human aspiration and insight. Yet, it must be noted that in the school [ maktab ] of the prophets ( ‘a ), 1who were the true custodians of the establishment of exalted humane systems, optimism and idealism have been the foundation of movement and transformation. It is for this reason that through a comprehensive perspective consistent with the Qur’an, we realize that the creation of man, life and death, the sending down of the prophets ( ‘a ), and socio-religious systems are all based on a purpose, and the axis of all activities and programs, including the setting up of government, is guidance [ hidayah ] toward that basic purpose.

As such, governments must be set up not only for the physical administration of societies but for their spiritual growth as well. One-dimensional governments strive only for the material welfare and comfort of people. If, however, they are in pursuit of man’s material comfort and spiritual ascension, they will also engage in guiding him. Man possesses God’s spirit, and the essence of his existence consists of spiritual and celestial dimensions beyond the base material ones. To confine him to physical administration without spiritual guidance is tantamount to belittling him.

If the ultimate goal of government is the good and of man (in this world) and attainment of divine proximity [qurb-e ilahi ] and the axis of government is revolved around the guidance of mankind, undoubtedly the one most worthy to govern people is he who is the most aware of the real concerns and interests of man and perfectly cognizant of the dimensions and aspects of his existence, and that is nobody but God. The corollary of rational proof [burhan-e ‘aqli ] which is also confirmed by verses of the Qur’an is that the perfection of man lies in obedience to the One who is fully aware and omniscient of the truth behind him, this world and the hereafter, and the mutual link between him, this world and the hereafter, is nobody but God. So, worship and guardianship inevitably belong to Allah alone.

That is, the Sole Master of man is God, and sovereignty of other than God, only if it is anchored in His will and permission, will be legitimate. As such, the theory of the guardianship of the jurist [wilayah al-faqih ], which is the axis of the Islamic government, needs to be established during the period of occultation [ ghaybah ] of the infallible Imam ( ‘a ). It is a theory which in recent centuries has drawn the close attention of Islamic scholars and jurists [ fuqaha ], and has reached its apex during recent decades. In comparison to the negation of religious authority, it turned out to be a useful, dynamic and socially transforming theory in the scene of the world of politics.

The Muslim world, during this contemporary era, has witnessed two truly momentous phenomena. One is the negative view on politics and religious authority. This perennial view, which permeates all religions particularly Islam and leads to the political isolation of religious thought and the decrease of religious movement, is a meta-religious onslaught that requires the scholars and intellectuals in the Muslim world to engage in elucidating

and fortifying the pristine religious beliefs through profound and serious studies in order to be equipped with rational defense against it.

The second phenomenon is the presence of political thought based onwilayah al-faqih . Though, theoretically, this phenomenon has many precedents and different variations, its actual and concrete practice is traceable to the victory of the Islamic Revolution.

The Islamic Revolution of Iran-after a long and persistent struggle-attained victory under the wise and ingenious leadership of Imam Khomeini (q )2, and through the overwhelming vote (98.22 %) of the Muslim people of Iran, the Islamic Republic was established. After the victory of the Islamic Revolution, a constitution based on Qur’anic verses and luminous laws of Islam was codified by a group ofmujtahid s,3 Islamic scholars and experts of the nation which, as acknowledged by legal authorities and experts, is regarded as one of the most advanced constitutions in the world.

Up to this stage, the legal standing of the Islamic Republic was specified and fixed, andwilayah al-faqih stipulated in the constitution as the symbol of Islam, the truthfulness of the system, the guarantor of its survival and immunity from possible danger, and, the main pillar of the Islamic Republic. However, the events after the Revolution, the entanglement of the intellectual revolutionary forces with current problems, and the emotional, exaggerated and superficial presentation of wilayah al-faqih resulted in an improper scientific study, examination and elucidation of this issue.

Nevertheless, the Islamic system successfully handled the problems and society moved toward peace and stability. Due to the critical inquiries of theoretical rivals, more attention was paid to it and its various angles were elucidated by intelligent and wary scholars who were well aware of the conditions of the time.

In view of the exigency to explain: (i) the Islamic political theory and present its position in political systems; (ii) to deal with the existence of doubts, concerns and intellectual challenges behind this theory; and, (iii) to confront the pervasive efforts of the external and internal enemies in opposing thiswilayah al-faqih system; the wise, vigilant scholar struggling to defend and guard the sanctity of religion and revealed teachings, His Eminence Ayatullah Muhammad Taqi Misbah Yazdi (may Allah prolong his sublime presence), presented a series of discussions on Islamic political theory before sermons [kutbahs] of the Friday congregational Prayer of Tehran.

The present volume is the transcript of the said discussions compiled and edited by Mr. Karim Subhani and presented to you, dear readers, in two volumes (legislation and statecraft). It is hoped that this book is accepted by the concerned authorities and approved byHadhrat Wali al-‘Asr [His Holiness, the Master of the Age] (may Allah the Exalted, expedite his glorious advent).

Imam Khomeini Educational and Research Institute

Tir 26, 1378 AHS (July 17, 1999)

Referernces

1. The abbreviation, “‘a” stands for the Arabic invocative phrase, ‘alayhi’s-salam, ‘alayhim’us-salam, or ‘alayha’s-salam [may peace be upon him/them/her], which is used after the names of the prophets, angels, Imams from the Prophet’s progeny, and saints (‘a). [Trans.]

2. The abbreviation, “q” stands for the Arabic invocative phrase, quddisa sirruh [may his soul be sanctified], which is used after the names of pious people. [Trans.]

3. Mujtahid: an authority on the divine law who practices ijtihad, i.e. “the search for a correct opinion in the deduction of the specific provisions of the law from its principles and ordinances.” [Trans.]

Session 24: Grand Strategies in the Realm of Governance and Implementation (Part 1)

The exigency of government

In initial discussions on Islamic political philosophy, I stated that, like any political system, the Islamic government has two basic axes: (1) law and legislation, and (2) management and implementation of law. Previous discussions were essentially about the first axis, dealing with the importance of law, characteristics of ideal law, legislation in Islam and its conditions, while addressing the skepticism regarding the above.

The present topic is management and implementation of law. In order to have a clear understanding of the topic, we will realize that the more transparent and clear the goal and objective of an institution or organization, the easier it will be to understand its structure, working conditions and qualities in the people elected as its members. Therefore, to discuss the executive branch of Islamic government, i.e. its managerial aspect, we must be familiar with the reason for establishing the government including the goal of its management.

Notwithstanding the trend which considers government unnecessary, the majority of political philosophers regard the existence of government in society as necessary. That is, they believe that in society there should be a body which must issue orders, oblige people, implement ordinances acceptable to society and apprehend and punish violators. This premise is accepted by almost all thinkers and its need realized by every society. In Islam this premise is also affirmed, and in the words of the Commander of the Faithful (‘a ) recorded in Nahj al-Balaghah : even if a society does not have an upright and meritorious government, a tyrannical government is still better than the absence of any government. 1It is because in the absence of government or the executive, there will be chaos, the rights of individuals violated and the interests of society trampled upon. So, according to Islam, one of the most important social obligations of people is the establishment of an upright government so as to guarantee the interests of society.

Different approaches on objectives of executive power

We all know that executive power is for implementation of law, and thus, its objective is implementation of laws, but the nature and structure of the law which the state is trying to implement must be seen. The objectives of law are nothing but two: material and spiritual. In general, all those who are involved in debates on political philosophy acknowledge the fact that the state must secure material interests of people, but there is a difference of opinion about guaranteeing spiritual interests of people; whether they should be reflected in law, the government implement such a law and guarantee its implementation.

Since long, many schools of philosophy have believed that the government must also guarantee spiritual values and the law guaranteed by the government must take human virtues into account. Even in non-religious schools of philosophy some ancient Greek philosophers like Plato regarded paving the ground for the flourishing of human virtues as the duty of

government. He asserted that the government must be run by men of wisdom and those who are the best in terms of moral virtues. The saying “The men of wisdom must rule” is attributed to him. So, non-Muslim and non-religious philosophers-those who are not followers of the religions with heavenly origin-have also laid stress on spiritual issues and moral virtues. Even the philosophers with no religious beliefs have emphasized the observance of moral virtues in society and the creation of an atmosphere for the moral growth of people.

After the spread of Christianity in Europe, the Roman Emperor Constantine’s conversion to Christianity and his propagation of it in Europe, and adoption of Christianity as the official religion of civilized countries in Europe, religion was attached to government and the goal of government was to secure religious objectives. That is, the statesmen also used to implement what they had accepted as Christianity. Since the Renaissance, the Westerners experienced an intellectual revolution and endeavored to separate moral issues from the realm of government concerns.

After the Renaissance many developments took place in Europe which became the origin of the new Western civilization, and their hallmark is the separation of religion from the realm of social concerns. It was during that time that philosophers discussed about politics, wrote books, founded schools of thought, and consigned moral virtues and spirituality to oblivion.

Among these philosophers was Thomas Hobbes, the English philosopher, who believed that the only function of government was to prevent anarchy. According to him, like wolves, human beings by nature would be at each other’s throats and destroy one another. Accordingly, a body was needed to curb the wolf’s instinct in them and prevent their aggression against one another. Following him, John Locke, who was the founder of Western liberal thought and whose ideas are still discussed and more or less accepted in all political and academic circles in the world, presented maintenance of security as the purpose of government.

According to him, what human beings need in life is a controlling agent called “government” in the absence of which social order will not come into being, anarchy will prevail, security will be lost, and the life and property of people will be endangered. He says, “We want government to fill this vacuum, other matters have nothing to do with government.”

Of course, the separation of religion from government and social affairs does not mean that none of these theoreticians gave importance to moral virtues and spiritual values. In fact, they said that individuals would have to pursue these matters themselves because they had nothing to do with government. Those who believe in God have to go themselves to the temple, church or anywhere they wish and engage in worshipping God. Similarly, moral virtues such as honesty, good conduct, respecting others, attending to the poor, and others are valuable, but considered personal matters. Individuals themselves have to strive to acquire these pleasant moral virtues, for government has nothing to do with them.

So, the objective of social law, i.e. what government must implement, is only maintenance of security in society so as to protect the life and property of people. Likewise, executive power has no function except maintenance of

security and protection of people’s lives and properties. In the words of Locke, apart from protection of life and property, protection of personal freedom is also considered part of security. Regarding moral and spiritual interests, the maximum thing he said was that social law must be such that it does not conflict with morality nor hinder the worship of God.

With respect to preservation of moral values, however, social law and government would not assume the responsibility of preserving religious values and creating an atmosphere for spiritual and religious growth. Nowadays, this statement of Locke is the gospel and constitution of most schools of philosophy. Their principal motto is that the only duty of government is preservation of security and freedom, and it has no responsibility towards religious and moral affairs. This is the fundamental difference between Western thinkers in the world today and Islam.

Aim of prophets (‘a) in establishing government

The view of prophets (‘a ), especially the Great Prophet of Islam (s ) is that apart from securing the materials needs and interests, securing the spiritual interests is also part of the duty of a government. In fact, securing spiritual interests takes precedence and is more important than securing material interests. The government must implement the law whose ultimate objective is to secure the spiritual, religious, moral and human interests-the same things regarded by religion as its ultimate purpose, because the perfection of man depends on them. It considers the purpose of the creation of man, endowed with freewill, to know and pursue this lofty objective.

The axis of these matters is nearness to God which is, thanks to God, well entrenched in Islamic culture today. In fact, it has gained currency among Muslims and even those who do not correctly know its meaning are familiar with its expression. Common people who do not know how to read and write, daily use the expression “qurbatan ilallah ” [for the sake of nearness to Allah].

Law that is implemented in society must be geared towards the realization of the ultimate goal and purpose behind the creation of man which is nearness to God. The social life of man should progress in this direction and other issues and animal dimensions are valuable provided they are a prelude to his progress, spiritual perfection and proximity to God.

The goal of state can also be identified once it is proved that the purpose behind the codification of social laws is to secure both spiritual and material interests, as a matter of course. The state must consider protecting the life and property of citizens, paving the ground for the spiritual growth of human beings and combating anything that is against the realization of this objective, as part of its duty. This is in reality a preliminary and not the main goal. That is to say, it is a means to achieve a loftier goal. Hence, laws to be recognized officially in Islamic society should be totally concordant with religious foundations and geared toward the spiritual and religious growth of human beings. For them not to be inimical to religion is not enough; they must be attuned to the goals of religion. The Islamic state must also combat religious disbelief and hostility to religion and materialize religious objectives.

In a religious society, it is possible that certain material needs may not be provided temporarily because of the expediency to attend to some spiritual affairs. If the ordinances of Islam are implemented, in the long run material interests of people will also be better secured than in any other system. However, if to provide for all material interests will undermine religion within a limited period, one should only provide for material interests that will not undermine religion, because spiritual interests take precedence. But in Western countries what we have said is not credible. They are only concerned with material objectives and the state is not responsible for spiritual interests.

Impact of social challenges on conduct of liberal system

Sometimes, people protest that in the West spiritual and religious interests are also attended to. Westerners also offer sacrifices and pay attention to social problems. Of course, this contention is correct and we acknowledge that not all Westerners are individualistic. Prevalence of liberal thought does not mean that all people in the West are influenced by it. What we mean is that liberalism dominates Western societies and because of social necessities they are sometimes compelled to act contrary to the dictates of their philosophy.

That is, because of some exigencies even those who are individualistic and liberal have social considerations, and in order to prevent an uprising and revolt by the majority of people, they have to consider the deprived. In practice, in many countries ruled by socialists and social democrats, a great portion of the taxes levied are spent on social services. Their materialist philosophy does not make such a demand but in order to maintain security, they are compelled to provide these facilities.

The point is that liberalism demands one thing and the action of its proponents exhibit something else. In fact, this criticism is leveled at them- liberalism and individualism does not expect them to take these things into account; so, why do they provide social securities and facilities which are in favor of the deprived? The reply to this question is that these facilities are meant to safeguard the capital of the capitalists and prevent communist uprisings and Marxist revolutions. Before Marxist thought was put into practice in Marxist countries, it was prevalent in Western countries. Karl Marx, a German scholar who lived in the U.K, initially promoted his ideas and books there. Studying his works, the English statesmen realized the perils Marx had brought them and parried them in anticipation.

The Labor Party and socialist tendencies that came into being in Britain and the programs in favor of the deprived implemented there were all meant to counter Marxist tendencies, because it was predicted that the advancement of capitalism would urge the majority of people to stage an uprising. In order to preempt that they attended to the poor and silenced them.

This attitude was beyond the dictates of their capitalist school but it aimed at protecting the interests of the capitalists. In any case, liberalism asserts that the state does not have any responsibility in relation to spiritual affairs.

Possibly, they would complain to us, saying: “In principle, in the Western countries the state levies taxes from people for the church. Why do you accuse them of being heedless to religion and spirituality?” This is the reply: This is also not dictated by liberal thought. In fact, their purpose is to win the hearts of the religious and make use of the power of the church.

Our concern here is their philosophy and their frame of mind. If ever they engage in some religious activities, it is meant to protect their own interests. In a bid to win elections, they strive to win the hearts and votes of the religious. Sometimes, during the presidential elections in the U.S of America, presidential candidates are seen going to church and drawing the attention of people. It does not mean that they are proponents of religion in the affairs of government.

Reason behind individuals’ inclination towards liberalism

According to Islam, protection of spiritual interests which can be realized under the auspices of religion is among the essential and primary objectives of government. This is the key point of difference between Islam and other schools of philosophy dominant in the world today, and we cannot follow the West with respect to the mode of governance and duties of government because of this fundamental and basic difference with them. Once the objective is forgotten, the structure, conditions, duties, and prerogatives will change accordingly.

In reality, the reason behind the ambiguity and deviation in ideas and thoughts of individuals-even those who are not spiteful-and the ambiguities and deviations they express in their newspapers and books is that they have not paid attention to the objective of law and government from the Islamic viewpoint and the difference between Islam and other schools. They have accepted the essence of Islam. They also really believe in God, say their prayers and observe fasting. They do not deny and reject religion either. Practically, however, they totally follow the West in sociopolitical issues. They no longer enquire whether a certain method is consistent with Islamic thought or not. They say, “Today, the world is administered in this way and we cannot go against the dominant current in the world. Today, the world’s civilization is Western civilization and the dominant culture is the liberal culture. We cannot go against this trend!”

We, however, must first understand what Islam theoretically says; whether it accepts whatever is practiced in the West or not. Secondly, in practice we have to see whether we can implement the commandments of Islam or not. Assuming that we cannot implement them in practice, at least we have to know that Islam does not accept the liberal approach and attitude. So, we should not attempt to present a non-Islamic approach as Islamic. During the time of thetaghut , we could not also put into practice the Islamic methods but we knew that that government was not Islamic and some of its policies were anti-Islamic. Thus, the absence of the ground for implementation of the commandments of Islam does not make us say that Islam has been changed.

Even today, in some cases, we may not be able to implement Islam yet we are not supposed to say that Islam is exactly what we are doing. We have to understand Islam as it really is, and if we cannot practice an aspect of it,

we have to beseech the forgiveness of God for our failure to do so, and if ever we have any shortcomings, God forbid, then we have to ask apology from the Muslim nation for our shortcomings in implementing Islam. So, we should not make any change in Islam and we should bear in mind that Islam is the same religion which was propagated by the Prophet of Islam (s) 1,400 years ago.

A perspective on the structure of Islamic government and state

Therefore, the objective of the Islamic government is definitely the realization of Islamic and divine values in society and under its auspices the realization of material interests, and not the opposite. We also need to know the structure of the Islamic government and the qualities of those who should take charge of government.

No doubt, the principal duty of executive power in any political system is the implementation of law, and this point is acknowledged by everybody. The Islamic state guarantees the implementation of Islamic laws and the realization of the objectives of those laws. Now, the question is: In any political system-whether Eastern, Marxist, Western liberal, or any other existing system-what qualities and features should the institution that wants to implement laws have? In reply, it must be stated that law-enforcers in any political system should possess at least two qualities:

1.Knowledge of law: How can the person who wants to guarantee the implementation of a law implement it if he does not know and understand it? Knowledge of law is the first condition and quality that the state must possess if it wants to guarantee the implementation of laws for if it has no correct knowledge of the laws’ dimensions and angles, it will probably commit mistakes in implementation. As such, the ideal option is that the person who heads the government must be the most knowledgeable in law so as to commit the fewest possible mistakes in implementation.

2.Ability to implement law: The institution that wants to guarantee the implementation of law must possess sufficient power and capability to implement it. If it wants to rule over a nation of 60 million people, nay a nation of one billion people like China, and implement laws and ordinances for them, it must possess sufficient power and capability to implement them. This point is so important that nowadays in many schools of philosophy, “government” has been treated as synonymous with “power” and one of the key concepts in political philosophy is the concept of “power”. In any case, we should bear in mind that the government must have power.

Since time immemorial, along with developments in human society, there existed different concepts of power. In simple and primitive governments-like the tribal governments which existed thousands of years ago in approximately all parts of the world-power basically focused on physical power which existed in the tribal chief or ruler. In those societies, the person who was physically the strongest was recognized as ruler; for, if there were any violator, the ruler used his physical power to punish him. Thus, in those days, power was only physical.

When social conditions became complex and there was further social growth and advancement, the physical power of a person was transformed into the power of an institution. That is, even if the ruler was not physically strong, he could have people at his disposal that had considerable physical strength. He could have a strong army and military force composed of strong men. With the advancement of knowledge, power went beyond the physical realm and was transformed into scientific and technological power. That is, the ruler was supposed to possess instruments that could successfully perform physical tasks.

With progress and development in societies and advancement of various industries and technologies, including the daily qualitative and quantitative advancement of military equipment, the state had no option but to acquire and equip the military with sufficient physical, industrial and technological power, to be able to suppress any uprising, prevent violations and people from embezzling property and endangering lives, by means of the power at its disposal.

The government must be accepted by the people

The power or force we have so far mentioned is confined to bodily or physical power which was considered important in primitive and advanced forms of government and which is still utilized. We can also observe that states strengthen their military and defense structure and stockpile military arms and equipments to make use of them in times of need. It must be noted, however, that the power and capability of a government is not confined to this. In fact, in progressive societies the power and authority of a state largely emanates from social influence and popular acceptability.

Not all demands and programs can be imposed on society by means of violence or brute force. Essentially, the people voluntarily and willingly accept and implement laws. So, the person who is entrusted with implementing laws and is at the helm of affairs must be accepted by people, as in the long run, the mere use of physical force and power will not do anything.

Thus, the executive official must also possess social authority and acceptability. As such, in order to prevent any problem in the domain of management and pursue social interests, the distinctive qualities of executive officials must be determined so that they can guarantee the objectives of the government and law. That is, they really qualify to run the government and guarantee implementation of law. This is discussed in various forms in political philosophy and is usually known as social legitimacy and popular acceptability.

It means that the government must have a rational basis and adopt the correct way of implementing law, and people must consider it legally credible. In addition to the fact that the executive official must enjoy physical power to be able to prevent violations, the people must believe in his credibility and regard him deserving to rule. Thus, we have three types of authority. The first two types have been recognized in all societies. Of course, there are differences in forms of implementation in different schools and forms of government. Yet, what is most important for us is the third form of authority.

References

1. “The fact is that there is no escape for men from rulers­, good or bad. The faithful persons perform (good) acts in his rule while the unfaithful enjoy (worldly) benefits in it.” Nahj al-Balaghah, Sermon 40.


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