Alhassanain(p) Network for Heritage and Islamic Thought

The Role of Allegiance

Question No. 30

In case of establishment of the ideal form of the Islamic State through Imamate and caliphate, what is the role of allegiance in Islamic State?

First, the nature of allegiance should be identified so that its role in Islamic State may be found out. The equivalent of allegiance in Arabic, i.e. bay’at, is derived from the root bay’¸ meaning “sale”.1 This is because those who give allegiance do their best to be at the service of the person gaining allegiance. The Holy Quran refers to the “Bay’at Ridhwan”:

فَاسْتَبْشِرُوا بِبَيْعِكُمُ الَّذِي بَايَعْتُمْ بِهِ

“... rejoice then in your bargain that you have made.” (9:111)2

As for the nature of allegiance, it has been stated that: “allegiance is a promise and a pact; those who pledge the oath of allegiance promise to be faithful to the one who gains the allegiance; and this depends on what the latter suggests”.3 Thus, allegiance is a promise given by those who pledge the oath of allegiance on what a supereminent person offers them in a specific case.4

Allegiance in Islam

The allegiances pledged in the early years of Islam were on different subjects, including the following ones:

1. The “First Aqaba Allegiance” took place during Hajj, between the Prophet (PBUH) and twelve Ansaris. Ubadat bin Sabit has reported this event as follows: “Before it became incumbent upon us to take part in war, we took the oath of Women’s Allegiance (bay’at al-nisa’) with the Prophet; its content would bind us not to believe in any partner for God; not to steal anything nor to commit adultery; not to kill our offspring; not to slander or accuse someone; not to disobey God and the Prophet in good things...”5 As seen here, the term Bay’at means faith in Islam and obeying Islamic decrees.

2. The “Second Aqaba Allegiance” took place between the Prophet in one hand, and seventy- three men and two women on the other hand. Here, the Prophet said: “I gain your allegiance to protect me from anything you protect your household from.”6 Here, Bay’at is a kind of defensive promise and treaty.

3. The “Shajaray-e Ridhwan Allegiance” was the Prophet’s third allegiance that took place with a large number of people of Hudaybiya (nine miles from Mecca) in the 7th year A.H. It was an allegiance of Holy War and was a renewal of the second allegiance. Ibn Umar says: “We pledged the oath of allegiance with the Prophet on obeying and following him, and he said ‘as much as you can’”7

From what was stated up to now, it is clarified that allegiance in the Prophet and Imams’ age did not mean election and relegating political leadership. Ayatullah Ma’rifat writes on this point: “Allegiance in the age of Presence (the age of prophetic mission and the presence of Impeccable Imams) played just the role of a religious duty in regard with preparing the necessary facilities for the authorities. The Prophet and Imams’ political authority and leadership originated from their Prophethood and Imamate, and it was incumbent upon people to prepare the necessary facilities for them so that they could perform their duty in enforcing justice with people’s assistance; if the people refrained from doing this duty, this would cause no impairment to their political leadership and authority. In that case, people had disobeyed their Authoritative Guardians.”8

4. Pledging allegiance to Imam Ali, which was the practical transfer and depositing political power to him, and declaring faithfulness and pledging obedience to him.

Notes

1. For further information, see Ibn Manzur, Lisan al-arab, sv. “b-y-‘“

2. The Qur’an, Tawba (9), 111.

3. Muhammad Hadi Ma’rifat, Wilayat-e Faqih, p. 182.

4. For further information, see ibid, p. 82-92.

5. Ma’alim al-madrisatayn, 1, p. 154, 2nd ed.; Siriy-e Ibn Hisham, 2, p. 40.

6. Ma’alim al-madrisatayn, 1, p. 155; Siriy-e Ibn Hisham, 2, p. 47.

7. Sahih Bukhari, (kitab al-ahkam), Bab al-bay’a, 5; Sahih Muslim, (Kitab al-Imara, Bab al-bay’at ala al-sam’ vat-ta’a fi ma istata’), p. 90; Sunan Nisaii, (Kitab al-bay’a, Bab al-bay’at fi ma yastaty’u al-insan); quoted by Ma’alim al-madrisatayn, 2, p. 156.

8. Wilayat-e Faqih, p. 91.

Republicanism and Islamic State

Question No. 31

What is the relationship between Islamic State and republicanism or democracy? Is Islamic State inconsistent with republican and democracy?

“Republicanism” has no contradictions with “Islamic State”. Republicanism is a form of government consistent with various governments, as far as content is concerned. Islamic State can be organized in various forms, one of which is republican, which is especially appropriate for the modern age.

“Democracy” and the explanation of its relation with Islamic State requires a lot of study and review, because this notion has various degrees, models and forms; besides, the term “democracy” is used in different senses.

In summary, if we define the word democracy as “public participation” - which is called “methodic” democracy - it has no contradiction with Islamic State. Rather, Islamic State cannot emerge without this kind of democracy, or it may not sustain its viability. The “ideological and substantial” democracy or the “liberal” form of democracy which affirm every human will - even though it may be inconsistent with religious law - are, however, in contradiction with Islamic State.1

Note

1. For further information, see Sayyid Abbas Nabavi, Mardum salari dar hakimiyyat-e Islami; Ayatullah Misbah Yazdi, Pursishha va pasokhha; Murtiza Mutahhari, Piramun-e jumhuri-e Islami.

The Duties of People and Statesmen

Question No. 32

What are the mutual duties of people and Islamic State?

Generally speaking, the first and the most essential duty of the Statesmen is their commitment to their responsibilities toward people, not refraining from any effort for serving the society as far as their legal responsibilities are concerned. Some of these responsibilities may be enumerated as follows:

1. Attempting to preserve the autonomy and glory of the society, and removing foreigners’ dominance in all spheres;

2. Preparing the ground for scientific, religious, cultural and moral growth and development of the society;

3. Creating inland and overseas security, and dominance of justice;

4. Spreading welfare and prosper, and attempting to fulfill the material needs of the society;

5. Humbleness before people and preparing the ground for ever-increasing participation of people;

Among the most important people’s responsibilities toward Statesmen are:

a. Providing serious and decisive support for the government and its agents so that they can perform their legal duties, especially in times of crisis and risky situations;

b. Providing suggestions and corrective and benevolent instructions along with accurate studies and investigations according to demands of time.

Islamic State and Civil Institutes

Question No. 33

What are the most important issues concerning the relations of a government with the society and the civil institutes? What are the views of Islam and Constitution in this regard?

The most important issues concerning the relations of a government with the society and the civil institutes are:

One: political participation;

Two: political pluralism;

Three: methods or organs controlling and supervising the performance of the political rulers

To clarify the abovementioned items, it should be noted that:

1. In Islamic thought, the idea of social and political participation is not only people’s right but also their religious duty. In this view, all Muslims are responsible for the destiny of the “Muslim community”. The Holy Prophet said: “He who gets up and does not attempt to reform the Muslims’ affairs is not a Muslim.” Islamic State is essentially contingent upon people’s participation, will and agency. In Islam, political participation is based on divine sovereignty and making human dominate his own fate to achieve the ultimate goals of creation. Accordingly, it is stated in article 56 of the IRI Constitution that “Absolute dominance over the universe and human belongs to God, who has made human dominate his own social destiny; nobody can deprive human of this divinely conferred right.”

2. Political pluralism has been accepted in Islamic State based on the principles and norms of the Islamic law. In article 26 of the IRI Constitution, it has been stated that “Parties, guilds, political leagues and Islamic societies or recognized religious minorities are free; provided that they do not violate the principles of independence, freedom, national unity, Islamic rules and the bases of Islamic Republic. No one can be prevented from or force to join one of them.”

3. “Enjoining good and forbidding evil” is one of the valuable and most important teachings of Islam, according to which it is incumbent upon all members of the society to treat suitably every diversionary phenomenon. According to this principle, the behaviors of the rulers are accurately beheld by members of the society, and they can put forward - as the common good of the society demands - corrective suggestions and critiques.

Besides, all leaders and political authorities of the countries - even the great Iranian leader himself - are subject to investigation and control by legal organs originated from people. The article 111 of the IRI Constitution says: “whenever the leader becomes unable to do his legal duties, or loses one of the qualifications stated in the articles 5 and 109, or it becomes known that he had lacked some of the qualifications from the very beginning, he would be dismissed. The experts stated in the article 108 are responsible for discerning the deficiencies mentioned here.”

The Basic Rights and Personal Freedoms

Question No. 34

To what extent are the public rights and people’s basic rights ensured in Islamic State?

In Islamic government, the basic rights of the people have been established in best accordance with religious high values and teachings. In IRI Constitution, the basic rights of the people have been stated in various chapters, including the followings:

1. Equality

“Iranian people from different races and tribes enjoy equal rights; and color, race, language, and the like are no criteria for priority.”1

2. Enjoying legal support

“All members of society, men and women, are equally supported by law, and enjoy all human rights including political, economical, social, and cultural rights based on Islamic principles.”2

3. Political rights

“Absolute dominance over the universe and human belongs to God, who has made human dominate his own social destiny; nobody can deprive human of this divinely conferred right or make it at the service of a special individual or group; and the people exert this divinely conferred right through devices stated in later articles.”3 In article 6, it is stated that “In Islamic Republic of Iran, the country’s affairs must be managed based on people’s votes; this is done through elections, electing the president, the MPs, the members of the City Councils, or through referendum.”

4. Social rights

a) The right to a suitable job (articles 43, clause 2; 28 and 29)

b) The right to social security (article 31)

c) Cultural rights (article 30)

d) Economical rights (the right to ownership) (chapter 4, articles 46, 49, …)

e) Judicial rights (the right to litigation, choosing a lawyer for lawsuits) (article 34, 35 and 167)

f) Another section of the basic rights is concerned with “people’s basic rights” to which we will deal with separately.4

Impunities

Another related subject is concerned with impunities including the followings:

1. Personal impunity or individual security (articles 21-3, 38)

2. The judge’s impunity (article 164)

3. Judicial security (clause 114 of article 3)

4. Judicial principles:

a) The principle of necessity of observing Islamic rules (articles 159 and 163)

b) The principle of exemption (article 37)

c) The principle of legal prosecution and punishments of crimes and enforcing them through legal authorities (article 169)

d) The principle of open trials (article 165)

e) The principle of no ex post facto criminal law (article 169)

f) The principle of the necessity of settling complaints and petitions (articles 158 and 167)

g) The principle of the necessity of restitution of material of spiritual harms inflected due to judge’s mistake or fault (article 171)5

As for the question of whether the basic and public laws relating to the people are valid and respected, it should be noted that:

Firstly, an Islamic State and government is never formed without people’s will and consent.

Secondly, the religious society - in view of its deep commitment to religion and religious values - is seeking laws taken from the very context of religion or at least accepted and affirmed by religion and not inconsistent with it. Such laws enjoy special validity and importance in Islamic State, and nobody has the right to oppose them. It is advisable here to refer to previous questions as well.

Notes

1. Articles 1, 3.

2. Article 23, clause 14; Article 21.

3. Articles 56, 41 and 25.

4. See Question No. 37.

5. For further information, see Huquq-e asasi va sakhtar-e hukumat-e jumhuri-e Islami-e Iran, p. 93-124.

Ensuring freedoms

Question No. 35

To what extent are the personal and basic freedoms ensured? How much are these freedoms respected by Islamic State and rulers?

1. Personal freedom

In Islamic view, this topic has been best dealt with. In Islam’s view, human’s freedom is an “intrinsic and innate” right conferred to him by God, not a “made-up or conventional” right. Therefore, nobody is allowed to deprive others of their freedom unduly. Imam Ali (as) says: “Oh people! Verily, human beings have been crated neither as slaves nor bondwomen; verily, they are all free.”1 He has also said “Do not be any one’s slave, for God has created you free.”2 Nevertheless, in all schools of thought and in all governments, freedom has some limitations. The scope of freedom and its limitations differ according to the epistemological, cosmological and anthropological foundations. Thus, the personal freedom in Islam and Islamic State cannot be equalized to liberal thoughts and governments.3

2. Basic freedoms

The IRI Constitution has recognized basic freedoms such as personal freedom, freedom of thought and belief, political freedom, freedom in choosing a job, freedom in choosing a dwelling place, and other types of freedom. It stipulates in the seventh clause of article 3 that “To achieve the goals stated in article 2, the IRI government is bound to use all its facilities for providing political and social freedoms within the framework of the law”.4

The extent of religious rulers’ respect for personal freedoms can be evaluated by noting historical experiences. The most complete and prominent instances of Islamic State are those established by the Prophet and followed by Imam Ali.

The ruling method of these two great leaders is the best model of “observing the individuals’ freedom”. This historical case was experienced in an age when there was no freedom in the milieu of great political powers of the world. In Islamic Republic, the individuals’ freedom in the framework of the Islamic laws and religious norms has been stressed by the government and its leaders.

Question No. 36

Are the State’s authority and jurisdictions not consistent with the personal freedoms?

Generally speaking, social life and the establishment of the civil society results in limitation of the personal and natural freedoms. This is found in any society and is unavoidable. Therefore, defining and limiting the domain of personal freedoms and the domain of the government’s interference is a concern of all thinkers and scholars in the sphere of political and social issues. What can be stated here in summary is that there are three general views on the method of delimiting the scope of personal freedoms and government’s interference:

1. Liberalism, whose essential spirit is “individualism”, insisting on more freedom for individuals and more limitation of government’s interference; in other words, it insists on a “minimal government”. In this view, the most essential function of the government is protecting personal freedoms.

2. Socialism, which is based on the idea of “collectivism”; generally, it is found in totalitarian governments such as Fascism, Nazism, etc. which stress more authority, influence and interference on the part of the government and less personal freedoms.

3. Islamic view, which is based neither on individualism nor on collectivism; it neither accepts a minimal government, nor approves a totalitarian government. Rather, it offers a moderate alternative contrary to those extreme ideas.5

Notes

1. Bihar al-anwar, 22, p. 133, ch. 1, trad. 107.

2. Nahj al-Balagha, letter 31.

3. For further information, see Mahmud Fath Ali, Tasahul va tasamuh.

4. Huquq-e asasi va sakhtar-e hukumat-e jumhuri-e Islami-e Iran, p. 110-19; also Muhammad Ibrahimi Varkiyani, Islam va Azadi.

5. For further information, see Tasahul va tasamuh.

Controlling Power in Islamic State

Question No. 37

How much do the Islamic ruler’s mistakes and faults negatively affect Islamic State and religion? What are the methods of their control and supervision?

In this regard, it is necessary to note some points:

The Impeccable leader is free from any faults; expecting a non-impeccable person to make no mistake, however, is nonsense. Nevertheless, Islam has determined some qualifications for the Islamic ruler in Occultation period. Among these qualifications are knowledge and piety, which are two important factors in reducing mistakes. They entail two sorts of control: “rational control” and “moral control”. Besides, the injunctions such as the necessity of counsel and refraining from autocracy and other controlling factors are very effective in reducing the probability of making mistakes. Enjoining good and forbidding evil or the principle of “public supervision” is also one of the ways stressed by Islam. According to this principle, it is incumbent upon every Muslim to accurately supervise the performance of all authorities of Islamic government, and in the case of noticing any mistake or diversion, to warn them in a benevolent and useful way, offering guidelines or any other suggestions for improving the situation.

Another point is that “making a mistake” is conceivable in two ways:

1. Expertise mistakes

By expertise mistakes, it is meant that experts and specialists have different views and opinions on some issues which are sometimes contrary to one another, and just one of them is right. Naturally, the opinion of the ruler or the agents of the Islamic government is also one of those opinions; and in case of a non-impeccable person’s dominance, it is probable for that opinion to be right or wrong. Such probable mistakes are quite natural and unavoidable.

2. The mistakes resulting from deficiencies

Some mistakes do not originate from theoretical or expertise foundations. They originate, rather, from lack of knowledge, inability in discerning social needs, and finding the appropriate solutions for social problems in religious sources. Such errors are easily discernable by experts and authorities in religion and those informed in social issues, revealing the person’s inability in social management. Such mistakes would clearly cause more harmful and negative effects, even leading to dismissal of the officials.