Alhassanain(p) Network for Heritage and Islamic Thought

Islamic Political Theory (Legislation): Volume 1

The first 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 8

Refererence 10

Introduction. 11

References 14

Session 1: The Most Important Questions in the Realm of Islamic Policy. 15

Introduction. 15

Islam and Political Theorizing. 16

Islamic Political Theory being “founded” by Islam. 16

The Nature and Essentials of Islamic Government 18

The form of Islamic government and the scope of prerogatives and duties 18

The role of people in Islamic government and some other questions 19

Methodology of discussing Islamic political theory. 20

References 22

Session 2: Importance and Exigency of Discussing Islamic Political Theory  23

How the East and the West confront the Islamic Revolution. 23

The youth and the long-term cultural plot 24

The triple axis of the cultural plot 24

1. Promotion of the Notion of Separation of Religion and Politics 25

2. Denial of Wilayah al-Faqih. 25

3. Concern about the form of Wilayah al-Faqih. 26

Our responsibility vis-à-vis the triple axis of the enemy’s plot 27

The need to choose suitable methods to foil the enemy’s plot 28

The Definition and Jurisdiction of Religion. 29

The need to know religion through its sources 30

References 33

Session 3: Station of Politics in Religion (Part 1) 34

Definition of politics and the three powers in Islam. 34

Judicial laws in the Qur’an. 35

Universality of Islam and station of Islamic ruler 36

References 40

Session 4: Station of Politics in Religion (Part 2) 41

Separation of religion and politics an extra-religious outlook. 41

Close-knit connection between this world and the hereafter 42

Ideological baptism of actions in this world. 44

Radiant capability of intellect in discerning value of actions 44

Jurisdiction of Religion. 45

Relationship between Religion and Government 46

Universality of Religion. 47

References 49

Session 5: Freedom in Islam (Part 1) 50

Private realms of Knowledge and Religion. 50

Skepticism on alleged contradiction between religious rule and freedom. 50

Propagating the above skepticism through a religious tune 50

Replying to the above skepticism. 51

Reason behind the uniqueness of the Qur’anic approach. 52

Propagating the skepticism through an extra-religious approach. 55

Hume’s skepticism and the first reply to the above skepticism. 55

Second reply-absoluteness and limitlessness of freedom. 56

Skepticism on alleged contradiction between government authority and man’s divine vicegerency (khilafah) 57

Reply to the above skepticism. 57

References 59

Session 6: Freedom in Islam (Part 2) 60

Expressing skepticism on the foundation of historical development of man. 60

Reply to the above skepticism. 61

Expressing the above skepticism through a different approach. 62

Reply to the above skepticism. 62

Disobedience to God in the past 63

Following God and freedom. 65

References 67

Session 7: Freedom, Its Limits and Boundaries 68

Islamic political theory and skepticism on alleged restriction of freedom. 68

Different outlook on concept of freedom. 68

Freedom as not absolute and rejection of freedom’s predominance over religion  69

Need to observe the values and sanctities of every society. 71

Illegitimate motives in exercising freedom. 71

Limits of freedom of expression. 72

Need to explain concept and manifestation of terms 73

References 75

Session 8: An Elucidation of the Structure and Form of Government 76

Status of elemental and evidential definition. 76

Islam and theory of separation of powers 76

Legislative power 77

2. Judicial power 77

3. Executive power 77

Skepticism on alleged impotence of Islam in social administration. 78

Types of laws and necessity of enacting variable laws 79

The constitution. 79

2. Laws ratified by parliament 79

3. Laws ratified by cabinet 79

Meaning of Islamic nature of laws 80

Process of legislation in the Islamic government 82

Legal status delegated in the Islamic government 83

References 85

Session 9: An Examination of the Status of Laws in the Religious System. 86

Principles of Islamic political theory. 86

1. Law. 86

2. Laws possessing divine and religious source 88

Need to acknowledge essentials of religion. 89

Islam’s fixed principles and precepts 90

Fixed essential laws and decisive concepts of the Qur’an. 91

Removing skepticism on the existence of contradictory interpretations of Islam  93

Questioning Islam’s capability of meeting all human needs 93

1. Examining the theoretical dimension of questions 93

2. Examining the practical dimension of questions 94

References 95

Session 10: Law and the Difference in Outlook and Origin. 96

Exigency of discussing law at the present stage 96

Two contradictory views determining domain of laws 96

Status of law in democratic systems 97

Basis of credibility of human rights 97

Real, intrinsic laws and status of man’s freewill 99

Legislative and divine laws that guarantee man’s felicity and perfection. 100

Difference between legal and moral laws 102

Difference between Islamic and liberal approach. 103

References 105

Session 11: Criterion of Credibility of Law. 106

Exigency of delving into major political issues 106

Scope and criterion of credibility of law. 107

1. Justice theory. 108

2. Providing for social needs 108

3. Will of the people 108

Objection to the first view. 109

Superiority of Islamic laws 109

Inapplicability of the second view. 110

Defects of the third view and extent of needs according to Islam. 111

The Islamic Revolution and superior station of spiritual interests 112

References 114

Session 12: The Different Views of Islam and the West on Values 115

The best law according to Islam and the danger of eclecticism. 115

Intellectual eclecticism in realm of religious thought 115

Concept of religious pluralism. 117

Magnificence of servitude to God and its conflict with absolute freedom. 118

The West and elimination of alleged contradiction between science and religion  120

Station of people’s will in liberalism and Islam. 121

Democracy and legislative authority in Islam and the West 122

An admonition to the youth. 125

References 126

Session 13: Fundamental Difference in the Approach to Law between Islam and the West 127

Relationship between law and individual freedom. 127

Law in the humanist and liberal approach. 128

The onslaught of Western culture and its confrontation with Islamic culture 128

The clergy and structural framework of Islamic culture 129

Nature of law and its special function in Islam and liberalism. 130

Relativity of legitimate freedom. 131

Tension between Islam and liberalism. 132

Legislation in Islam and democracy. 133

The binding law in the Islamic government 134

References 136

Session 14: The West’s Materialistic Approach to Law. 137

A review of the previous discussions 137

Natural law school 138

Scope of human rights in the West 139

Emergence of contradictions on scope of freedom. 139

Scope of freedom in human rights 140

Problems of categorizing freedom in the West 141

Islamic law’s concern for spiritual and material interests 142

Preeminence of spiritual and religious interests over material interests 143

Difference between conditions and scope of freedom in Islam and liberalism  144

References 146

Session 15: The Islamic Government, Challenges and Cultural Plots 147

A review of the previous discussions 147

The clergy and its crucial duty of guidance 147

Promotion of destructive Western freedom in the national press 149

“Islamic Protestantism” as a conspiracy against Islam. 150

Real meaning of natural right 151

Traditional interpretation as the only authentic interpretation of Islam. 152

Legitimate freedom. 154

Religion and law as restrainers of freedom. 154

Necessity of restraining freedom. 156

References 158

Session 16: Difference between Divine and Atheistic Culture in the Realm of Law and Freedom   159

Role of choice, awareness and observance of law in attaining the goal 159

Difference between moral and legal laws 160

Divine and atheistic cultures and their different perspectives on law. 161

Three pillars of Western culture 161

Fundamental conflict between Western and Islamic culture 163

Difference in approach between Islam and the West on determining scope of freedom  165

References 168

Session 17: Relationship between Religious Legislative Lordship (rububiyyat-e tashri‘i), and Sovereignty and Legislation. 169

Necessity of determining thematic principles 169

Divine sovereignty and legislative Lordship. 170

Meaning of pure monotheism. 172

Righteous reference authorities of legislation and sovereignty in Islam. 173

Reasons behind God’s legislative monopoly. 176

References 180

Session 18: Requisites of Legislation and Its Station in Islam. 181

Legislator’s qualifications as exclusive to God. 181

Objection on the necessity of legal authorities’ plurality. 182

Reply to the first objection. 182

Second objection: absence of God’s will in legislation. 183

Reply to the second objection. 183

Man’s mastery over his destiny. 186

Lack of contradiction between mastery of man and sovereignty of God. 187

References 190

Session 19: Distinctive Feature of Islam in the Realm of Politics and Government 191

Three views on determining the special function of government 191

Difference between the special function of the Islamic government and that of other governments 192

Islam’s view on the essence of human society. 193

Necessary qualities of the legislator 194

Difference between Islamic laws and liberal laws 195

References 198

Session 20: A New Perspective on the Station of Law and Government 199

An organic perspective on society. 199

Islamic approach on organic perspective of society. 199

Ways of comparing society to the human body. 200

Elucidating the station of government in society through the organic perspective 202

Real benefit and harm as the bedrock of law. 204

Reference 206

Session 21: Islam and Democracy (Part 1) 207

Law enforcers’ need for the permission of God. 207

Meaning of democracy and its functional shifts 209

Meaning of democracy today. 210

Hegemonic system’s exploitation of new concept of democracy. 211

Islam’s ideal form of democracy. 212

References 214

Session 22: Islam and Democracy (Part 2) 215

Secular democracy and its philosophical underpinning. 215

Fallacy in the philosophical foundation of secular system. 215

Advancing democracy in the sphere of management 216

Paramount station of Islam and wilayah al-faqih in the Islamic Republic 218

Form of democracy acceptable to Islam. 219

Reference 221

Session 22: Islam and Democracy (Part 2) 222

Secular democracy and its philosophical underpinning. 222

Fallacy in the philosophical foundation of secular system. 222

Advancing democracy in the sphere of management 223

Paramount station of Islam and wilayah al-faqih in the Islamic Republic 225

Form of democracy acceptable to Islam. 226

Reference 228

Session 23: An Examination of the Essence of Unity in Humanity and the Citizenship of Citizens 229

Islam’s view on root of emergence of rights 229

Impact of natural and acquired differences on rights and duties 231

Determining different classes of individuals in laws of citizenship. 232

First and second class citizenship according to Islam. 233

Functional difference between wilayah al-faqih and other systems 233

References 236

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 invaluable legacy of the Household [Ahl al-Bayt ] of the Prophet (may peace be upon them all), as preserved by their followers, is a comprehensive school of thought that embraces all branches of Islamic knowledge. This school has produced many brilliant scholars who have drawn inspiration from this rich and pure resource. It has given many scholars to the Muslimummah who, following in the footsteps of Imams of the Prophet’s Household (‘a ), have done their best to clear up the doubts raised by various creeds and currents within and without Muslim society and to answer their questions. Throughout the past centuries, they have given well-reasoned answers and clarifications concerning these questions and doubts.

To meet the responsibilities assigned to it, the Ahl al-Bayt World Assembly (ABWA) has embarked on a defense of the sanctity of the Islamic message and its verities, often obscured by the partisans of various sects and creeds as well as by currents hostile to Islam. The Assembly follows in the footsteps of theAhl al-Bayt (‘a ) and the disciples of their school of thought in its readiness to confront these challenges and tries to be on the frontline in consonance with the demands of every age.

The arguments contained in the works of the scholars belonging to the School of theAhl al-Bayt ( ‘a ) are of unique significance. That is because they are based on genuine scholarship and appeal to reason, and avoid prejudice and bias. These arguments address scholars and thinkers in a manner that appeals to healthy minds and wholesome human nature.

To assist the seekers of truth, the Ahl al-Bayt World Assembly has endeavored to present a new phase of these arguments contained in the studies and translations of the works of contemporary Shi‘ah writers and those who have embraced this sublime school of thought through divine blessing.

The Assembly is also engaged in edition and publication of the valuable works of leading Shi‘ah scholars of earlier ages to assist the seekers of the truth in discovering the truths which the School of the Prophet’s Household (‘a ) has offered to the entire world.

The Ahl al-Bayt World Assembly looks forward to benefit from the opinions of the readers and their suggestions and constructive criticism in this area.
We also invite scholars, translators and other institutions to assist us in propagating the genuine Islamic teachings as preached by the Prophet Muhammad (S).

We beseech God, the Most High, to accept our humble efforts and to enable us to enhance them under the auspices of Imam al-Mahdi, His vicegerent on the earth (may Allah expedite his advent).

We express our gratitude to Professor Ayatullah Muhammad Taqi Misbah Yazdi, the author of the present book,1 and Mansoor Limba, its translator. We also thank our colleagues who have participated in producing this work, especially the staff of the Translation Office.

Cultural Affairs Department

The Ahl al-Bayt ( ‘a ) World Assembly

Refererence

1. Muhammad Taqi Misbah Yazdi, Nazariyyeh-ye Siyasi-ye Islam (Qanunguzari), compiled and edited by Karim Subhani (Qum: Imam Khomeini Educational and Research Institute, Summer 1380 AHS (2001)), vol. 1, 335 pp.