Islamic Political Theory (Legislation): Volume 1

Islamic Political Theory (Legislation): Volume 110%

Islamic Political Theory (Legislation): Volume 1 Author:
Translator: Mansoor L. Limba
Publisher: Ahlul Bayt World Assembly
Category: Islamic Philosophy

Islamic Political Theory (Legislation): Volume 1
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Islamic Political Theory (Legislation): Volume 1

Islamic Political Theory (Legislation): Volume 1

Author:
Publisher: Ahlul Bayt World Assembly
English

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



 


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Session 15: The Islamic Government, Challenges and Cultural Plots

A review of the previous discussions

Our concern was to elucidate the Islamic political theory which states that the law which is either directly stipulated by God the Exalted in the Holy Qur’an or enacted by the Holy Prophet (s ) and the infallible Imams (‘a ), or by a person designated by an infallible Imam (‘a ), is binding in society. In any case, the law must be pleasing to God and in accordance with Islamic standards.

Those who oppose the idea that religious laws must rule and be implemented in society can be divided into three. Thefirst group essentially does not accept religion. Such people do not want particular religious laws to be implemented in the country. Thank God such people are very few in our society.

Thesecond group is of the opinion that the jurisdiction of religion is separate from that of society and politics. It regards religion as concerned with personal affairs and the relationship between God and man, saying that problems pertaining to social life have nothing to do with religion. This trend is generally called “secularism” or the separation of religion from the problems of life.

Thethird group really believes that Islam has sociopolitical laws but it is unconsciously influenced by eclecticism and Western culture. Some of its views are inconsistent with Islam.

The clergy and its crucial duty of guidance

In any case, in accordance with the duty set by God, the Exalted, we need to point out these truths as much as possible in order to clarify the Islamic stance and prevent intellectual, ideological and religious deviations. Some of our friends and well-wishers think that engaging in these discussions in these particular sociopolitical conditions is unnecessary, while others think that it is harmful, as it encourages differences in opinion and conviction.

They imagine that the more we strive for intellectual and ideological unity and avoid issues that lead to dispersion and separation is beneficial for society. Out of good intention, there are also some who say, “Instead of holding such discussions, engage in more positive activities in society, assume positions of authority and render services which are beneficial for society.”

Let me say to these colleagues most of whom are well-wishers and with good intentions: Our concern is the religious duty which God, the Exalted, has placed upon our shoulders. It is incumbent, first and foremost, upon the prophets and infallible Imams (‘a ) and then upon the‘ulama’ .

It is a tortuous path full of dangers, not mere verbal opposition, but accompanied by abuse, calumny, foul language, and at times, exile, imprisonment, torture and libel, and sometimes, even assassination. These difficulties have been experienced throughout history by the prophets and infallible Imams (‘a ). On our part, we have no choice but to tread this path even if our friends reproach and criticize us. As God, the Exalted, says:

﴿إِنَّ الَّذِينَ يَكْتُمُونَ مَا أَنزَلْنَا مِنَ الْبَيِّنَاتِ وَالْهُدَى مِن بَعْدِ مَا بَيَّنَّاهُ لِلنَّاسِ فِي الْكِتَابِ أُولَـئِكَ يَلعَنُهُمُ اللّهُ وَيَلْعَنُهُمُ اللَّاعِنُونَ﴾

“Indeed those who conceal what We have sent down of manifest proofs and guidance, after We have clarified it in the Book for mankind-they shall be cursed by Allah and cursed by the cursers. 1

Those who are aware of the truth of religion and conceal it on account of personal gains and group interests will incur the curse of God, the angels and holy saints [awliya’ ]. As mentioned in the noblehadith ,

إِذَا ظَهَرَتِ الْبِدَعُ فِي أُمَّتِي فَلْيُظْهِرِ الْعَالِمُ عِلْمَهُ وَ إِلاَّ فعَلَيْهِ لَعْنَةُ اللهِ...

“When innovation in religion [bid‘ah] emerges in my ummah, it is incumbent upon the scholar [‘alim] to reveal his knowledge (of the religion) otherwise the curse of Allah shall be upon him…” 2

Based on this, we have two options: Either we endure the reproaches and criticism of friends and the calumny of enemies, and in return, seek the pleasure of God, or prefer the praise of some people and thus, incur the curse of God. We prefer to endure slanders and not incur the curse of God. Thus, this crucial responsibility is placed upon our shoulders and for the likes of us, dealing with these matters is more urgent than anything else.

It is true that today we have problems along our borders, and, in future military dangers may arise. It is true that members of our consular staff and 35 drivers are held captive by the deviant and retrogressive Ṭaliban in Afghanistan, which has upset our nation and government and prompted public demonstrations, protests and been referred to international commissions.

In our opinion, however, the danger of the capture of 40 to 50 Iranians by enemies is not greater than the danger of the capture of thousands of our Muslim youth in universities by the agents of America. The bondage of our youth by the agents, functionaries and proponents of Western culture is far more dangerous than the capture of a number of Iranian citizens by a deviant group. It is true that they are experiencing difficulties and tribulations but they shall be rewarded by God.

When our dear youth, especially the children of martyrs and freed prisoners of war, however, are on the verge of intellectual and religious deviation and bondage, what could be more serious? Should no one feel a sense of responsibility in this regard?

(Some people may say, “You are thinking erroneously.” Well, if man is free to express his views, at least as a person who is engaged in religious and Islamic sciences for more than 50 years I also have the right to express my views.)

Our concern is their opposing our claim that Islamic and divine laws must govern society, and raising doubts already mentioned in previous discussions. They say that implementing the laws of Islam in society is discordant with the natural rights of man. One of the natural rights of man is freedom which is manifested in freedom of thought, expression, religion and political views.

By nature, every person has the right to choose whatever religion he or she likes, change his or her religion; express and promote any view and belief he or she has. If Islamic laws must govern this country, there will be some who do not want these laws. They all have the right to express their views, cast their vote and say that “We do not want these laws”. Those who totally reject religion to express such a view is not surprising, but unfortunate when the same is sometimes expressed by those who claim to be religious, and worse, even use an Islamic appellation for themselves, and introduce themselves as followers of the Imam!

Promotion of destructive Western freedom in the national press

This state of affairs has reached a point where it is posed in newspapers-sometimes with a serious tone and at times as humor, sometimes as a quotation from a certain writer, a young man or a woman-Why, in principle, a man can have many wives while a woman cannot have many husbands. They also suggest that a communal wedding be held and a number of men share a single wife!

It is worth noting that these issues are not from periodicals of communist countries. Instead, such issues are presented in newspapers of the Islamic Republic! There is also someone who delivers a speech in an Islamic university, which he describes as an Islamic institution, in which he says, “Today, opposing a leader or the Prophet is nothing. Even if people want to demonstrate against God, no law has the right to prevent them!”

If these words are uttered in a non-Muslim country or by a person who is an infidel or a polytheist, it will not surprise. But in reality, these words have been uttered in the Islamic Republic, under the sovereignty of Islam and under the rule ofwilayah al-faqih, in universities, and no one is confronting them. Sometimes, a student protests but it is of no avail. It is for this reason that I feel a sense of responsibility and I hereby declare that these utterances are dangerous innovations in religion and are repugnant to the foundation of Islam.

If there are people who want to make these utterances in their speeches, at least they should not do so in the name of Islam, so that the difference between Islam andkufr remains clear. This freedom of religion and freedom of expression is a fruit of Western culture which is deceitful and ostensibly pleasant but innately venomous. It might be appropriate for Western culture, but certainly not to this extent for our Islamic culture.

Religion in Western culture today, is a matter of taste, like inclination toward a political party. If for example, in a country a number of political parties are already functioning and the following day, another party is registered and announces its existence, transferring from one party to another, is not surprising. The same applies to religion in the West, especially in America, where every day a new religion or sect is founded. This is astonishing for us. More than a century ago, someone named “Bab” emerged saying, “I founded a new Islam and the Imam of the Time expected by the Shi‘ah has already appeared.”

This set everybody wondering how someone could claim that a new religion had emerged. (Of course, outside Iran particularly in America, this corrupt sect is publicized as “modern Islam”, where it is not surprising at all.) But every year, a number of religious sects are founded in Canada, America and European countries. For instance, the main Christian denominations are Orthodox Christianity, Catholicism and Protestantism. Protestantism alone has more than 500 sects officially registered in Western countries.

Last year, I visited some Latin American countries. I noticed that several new sects were founded whose preachers were busy propagating their respective sects. Such innovations are very common there. It is announced in a newspaper that a priest has founded a new religion or a new sect, and people easily transfer from one sect to another. This is what they called “freedom of religion”

“Islamic Protestantism” as a conspiracy against Islam

Some expect that there shall also be freedom for the religion in the Islamic Republic of Iran. Thus, for a long time they have suggested the emergence of “Islamic Protestantism”. As far as I know, it was Fath-‘Ali Akhundzadeh (Akhundof) who first proposed that there should be a “protestant sect” in Islam. After him, other “intellectuals” promoted this in their speeches and books, suggesting that “Islamic Protestantism” should come into being in Iran.

Today, in America, it is propagated that there should also be a new “Martin Luther” in Iran, a new “protestant religion” and a “modern Islam” which is consistent with modern conditions, insisting that the Islam which came into being 1,400 years ago is of no use in life today!

One should not be surprised if America makes such a suggestion because their goal is to obliterate Islam. They themselves have said that for this task they have a particular program and allotted a specific budget. They have confessed repeatedly that their Archenemy at this stage is Islam.

But what is surprising is that gradually this propaganda is gaining ground in our country, and there are those who explicitly question the essential and fixed laws of Islam in newspapers and magazines. For instance, they question the injustice between man and woman in laws of inheritance, woman given no right to have many husbands, or the like, and sometimes, they ridicule the essential laws of Islam.

As you may recall, during the initial years after the victory of the Islamic Revolution, when the bill regarding the law of retaliation [qisas ] was passed, they said, “The bill regardingqisas is inhuman,” and the Imam (q ) said that if they had made this utterance consciously, their Muslim spouses would beharam for them and the right of ownership for their property would be transferred to their Muslim inheritors and their lives would no more be held in honor. Of course, laws pertaining to apostasy [irtidad ] are not only confined to the person who deniesqisas and its laws.

Denial of any essential law is tantamount to apostasy. But we can observe today, that without any shame and hesitation, individuals explicitly reject the essential laws of Islam in newspapers and magazines of the Islamic Republic, and sometimes in newspapers founded through grants

from the Muslims’ public treasury. Some people should remind them that the decree of the Imam pertaining to the deniers ofqisas is not only confined to the issue ofqisas .

It can sometimes be observed that laws unanimously accepted by the Shi‘ah and Sunnifuqaha and are not opposed even by the Sunnis are questioned and mocked! Should the concerned authorities not address these problems?

Should they not be reminded that such dangers pose threats to our young generation? Those who have neither heard the speeches of the Imam nor studied his lectures can be influenced by the questions raised in newspapers published in the Islamic Republic and think that the Islamic political system and the Islamic state also agree with these ideas and that the same are Islamic ideas! There should at least be a venue to announce that these ideas have nothing to do with Islam.

The notion that religion is a matter of taste and that man can choose whatever religion he likes and then change it once he no longer likes it, is dangerous. In Western countries, sometimes a teenager goes to the church with his friend who says, “I like so-and-so church more,” and thus changes his religion.

The said teenager will also be influenced and in following his friend, he will also change his religion. They think that religion is like a garment which a person can wear today and change tomorrow. Islam does not endorse the view. “Choose whichever you accept for the state guarantees this freedom as a natural right of the people.” Islam regards religion as the most important matter in the life of man and that felicity and perdition in this world and the hereafter depends on ‘choosing the right religion.’

So, the reason behind these discussions is the existence of such dangers which we can feel, discern and even witness sometimes, and by struggling against them discharge our duty.

Real meaning of natural right

The best definition of “natural right” is that it is a need demanded by the nature of man and no one should deny it. So, talking and expressing views are among the demands of man’s nature and no one should prevent them. We have said that eating and drinking are also among the demands of man’s nature. In fact, it is the most natural right of every man to eat, but merely because eating is a demand of man’s nature, does a person have the right to eat anything that belongs to others? Is there no law that specifies which ishalal and which isharam , and whose property a person has the right to consume and whose property a person has no right to consume?

Is there any reasonable person who can accept the notion that man is free to take whatever he likes from anybody. Talking is also a natural right of man, but it does mean that he can express anything everywhere and for whatever reason and motive. How can the law afford to dictate what things to eat or not to eat, and how can religion decree that pork and alcoholic beverages should not be consumed, when eating and drinking are natural rights of man? The same is the case with talking: The subject of talk, its time, place, and limitation are determined by law.

More or less, this idea has been accepted everywhere in the world. Regarding religion, however, the Westerners say, “You can say whatever you like because religion is a personal matter of taste which is irrelevant to the serious concerns of life and at most, it is related to the relationship between man and God and this relationship assumes different forms. Choose whatever form of relationship with God you like.

This religion is a straight path; that religion is another straight path. Idol-worship is a straight path; Islam is also a straight path!” But what Islam states is something else; of course, we mean Islam which has been propagated by Hadhrat Muhammad (s ) and not the “modern Islam” to be brought by Babs and Martin Luthers. We are referring to Islam which Hadhrat Muhammad ibn ‘Abd Allah (s ) introduced.

Traditional interpretation as the only authentic interpretation of Islam

They say, “Yes, we also accept the same Islam but it has diverse interpretations. You express a particular interpretation of it.” One of the products of Western culture is to advance different interpretations and understandings of religious texts. As I have mentioned before, sometime ago a Christian sect was founded in Canada. The founding priest of the said Christian sect was asked, “What is your opinion about homosexuality?” He replied, “For the meantime, I do not want to express my opinion but I tell you that the Bible should be interpreted anew!” This is because homosexuality is explicitly condemned in the Torah and the Gospel just as it is condemned in Islam. These gentlemen also say, “Islam and the Qur’an must be interpreted anew!”

We declare that we are among those who regard as credible the 1,400 year-old interpretation of Islam by the Shi‘ah and Sunni‘ulama’ . The “Islam” we are talking about is that which has been interpreted by the pure Imams (‘a ) and thereafter by the‘ulama’ of Islam for the past fourteen centuries. We take that interpretation as the criterion. If new interpretations arise according to which Islam and all its laws must be changed and a new “Islam” be formulated, we do not accept and have nothing to do with that “Islam” and also, I don’t think that our Muslim people would be attached to such “modern Islams” to be brought by Babs and Martin Luthers.

The Islam which we know, talk about and adhere to is the one whose sources are the Qur’an and theSunnah of the Prophet (s) and the pure Imams (‘a ) and whose essential and definite laws have been elucidated by the Shi‘ah and Sunnifuqaha for the past fourteen hundred years, especially those laws about which the Shi‘ah and Sunnis have no difference of opinion.

This Islam tells us, “Just as you have to observe limitation and regulation in eating and drinking, limitation and regulation must also be observed in talking.” Religion is not a garment to be worn today and be removed tomorrow. One must conduct research and accept the religion of truth.

In the domain of Islam, there is ample proof to establish its truthfulness and no one can say that the issue has been obscure for him and that he failed to identify the truth unless there were shortcomings in his research. If a person in a Micronesian island says, “I failed to grasp the truthfulness of

Islam,” he might be excused. But living in the domain of Islam, in which for the past fourteen hundred years the greatest‘ulama’ of Islam have written the most valuable and important books about Islam, if a person says, “I failed to identify the truth,” I don’t think that he can be excused.

In any case, the Islam we know states, “Just as you need to observe limits in eating and drinking, you need to do likewise in talking. You have no right to say whatever you like. You must follow the Islamic rules. Once you act beyond the Islamic rules, it is to the detriment of Islamic society. As you know, one of the prohibited acts mentioned in the treatises on practical laws of Islam [risalah al-‘amaliyyah ] is to buy and sell deviant books. Islam does not grant the right to anyone, especially the one who does not possess the power to distinguish truth from falsehood, to go everywhere, listen to any talk or read any writing. As this noble verse explicitly states,

﴿وَإِذَا رَأَيْتَ الَّذِينَ يَخُوضُونَ فِي آيَاتِنَا فَأَعْرِضْ عَنْهُمْ حَتَّى يَخُوضُوا فِي حَدِيثٍ غَيْرِهِ﴾

“When you see those who gossip impiously about Our signs, avoid them until they engage in some other discourse …” 3

And regarding the faithful, the Qur’an forbids them to mingle and sit together with those who put religion into question:

﴿وَقَدْ نَزَّلَ عَلَيْكُمْ فِي الْكِتَابِ ان إِذَا سَمِعْتُمْ آيَاتِ اللّهِ يُكَفَرُ بِهَا وَيُسْتَهْزَأُ بِهَا فَلاَ تَقْعُدُواْ مَعَهُمْ حَتَّى يَخُوضُواْ فِي حَدِيثٍ غَيْرِهِ إِنَّكُمْ إِذًا مِّثْلُهُمْ إِنَّ اللهَ جامِعُ المُنَافِقينَ وَ الْکَافِرينَ فی جَهَنَّمَ جَمِيعاً﴾

“Certainly He has sent down to you in the Book that when you hear Allah’s signs being disbelieved and derided, do not sit with them until they engage in some other discourse, or else you [too] will be like them. Surely Allah will gather hypocrites and disbelievers, all together, into hell… 4

Thus, those who talk about Islam but establish relationship with the enemies of Islam and promote their words are the same hypocrites [munafiqun ] whose abode, together with the infidels [kafirun ], is hellfire.

Once again, I emphasize that Islam commands: “Go and search for the truth and argue with the enemies of Islam. With the truth that Islam teaches, you shall overcome them. However, as long as you have not acquired enough capability to defend your doctrines and values, you should not accompany and mingle with the misguided and wicked ones.”

It is like the advice given to an athlete to undergo training before participating in wrestling. A youngster who has not yet undergone enough training should not challenge a veteran wrestler as he shall surely be defeated and his backbone broken. This does not mean campaign against freedom. This is an admonition to a youngster to learn Islamic sciences and teachings and then argue with the enemies.

In any case, the Islam we know has limited freedom, and regards as untenable the argument that since talking is a natural necessity of man, talking must be free because man also has other instincts such as the sexual instinct; eating and drinking can also be considered as natural rights that should not be restricted. Just as the consumption of every food is unacceptable to a reasonable person, the same is true of talking. Being an

innate necessity does not justify its unbridled use. Reason and religion should determine its limits based on the material and spiritual interests of society which have been specified and introduced by religion.

Legitimate freedom

While interpreting my petitions, there are those who have said, “So-and-so commits a fallacy because we have not said that freedom must be absolute. Our point is that there should be legitimate [mashru‘ ] freedom.” I ask: What do you mean bymashru‘ ? Do you mean that which is acceptable to religious law [shar‘ ]? In lexicography, there are two meanings of the word “mashru‘ ”. Its first meaning is what religious law [shari‘ah ] has declared as lawful. (Of course, it is improbable that they refer to this meaning ofmashru‘ because those raising these issues are not attached to theshari‘ah .)

So, ifmashru‘ is that whichshari‘ah permits, it means that freedom must be within a framework permitted by theshari‘ah . The other meaning ofmashru‘ is that which is legal. According to this meaning also, in the Islamic Republic of Iran, as stipulated in the Constitution, the law must be concordant with Islam. Our Constitution consistently points out that all rules and decrees must be concordant with Islam, and in essence, the raison d’être of thefuqaha in the Council of Guardians as reflected in the Constitution is to examine the bills to be ratified by the Islamic Consultative Assembly-whether they are consistent with Islam or not.

Even assuming that all the people and deputies in the Majlis (apart from the deputies of minority groups whose rights are also protected) are Muslim, religious and devoted, they may sometimes tend to be negligent and approve a bill which is against Islam. In keeping with the Constitution, the ratified bills of the Majlis are examined by the Council of Guardians-whether they are consistent with the Constitution and Islam, or not. Thefuqaha of the Council of Guardians confirm the Islamic nature of the ratified bills while the lawyers of the Council confirm the consistency of these bills with the Constitution.

If our Constitution does not regard it necessary for all laws to be Islamic, then what is the raison d’être of the Council of Guardians? And for what purpose is all the emphasis on the sovereignty of Islam and the absolute guardianship of the jurist [wilayat-e mutlaq-ye faqih ] stipulated in provisions of the Constitution? One should not be surprised if so-called lawyers say, “Since the Constitution stipulates that freedom must be observed, no religion or law has the right to limit that freedom!”

Does the Constitution clearly stipulate that freedom should bemashru‘ , or not? It is you who say “azadiha-ye mashru‘ ” [legitimate freedom]. What do you mean by “legitimate freedom”? Ifmashru‘ is derived fromshar‘ [religious law], then “legitimate freedom” means freedom which the religious law endorses. And ifmashru‘ means “legal” [qanuni ], then according to the Constitution, freedom which has been approved by the religious and canonical laws are “legitimate freedom”.

Religion and law as restrainers of freedom

Freedom cannot be above law. Those who claim that freedom is above religion and law should answer these questions: In principle, what is the purpose of religion and law? What is the essence of law? Is law meant to point out that an action should be done in a specific manner? Does it permit and forbid certain acts or not? I have no option but to repeat some of the previous points. Every law explicitly or implicitly says actions should be restricted and must be done within a certain framework.

Thus, in principle, the essence of law is to restrict freedom. If law and religion do not permit the restraining of freedom, their existence is useless. As it includes sociopolitical laws, religion filters and restricts the social and political actions of man and decrees that certain actions should be done within a specific framework. If religion means other than this, what is the purpose of its existence?

If religion has been revealed so that everyone should behave in whatever way he or she likes, what then is its function? And what is its role? The existence of religion and law has no meaning other than limiting the liberties of man. Hence, to say that freedom is above both religion and law is absurd. Yes, under the name of religion some people may suppress the legitimate freedom of people and prohibit what God has made lawful through superstitions and ethnic customs.

For example, in some parts of our country, some ethnic tribes unfortunately still prohibit what God has made lawful and in the culture of our present society some lawful things are also still considered abominable. Had it not been for such an attitude in society, so many types of sexual corruption would have been prevented. The Commander of the Faithful (‘a ) said:

لَوْ لا ما سَبَقَ مِنِ ابْنِ الخَطّابِ فِي الْمُتْعَةِ ما زنى اِلاّ شَقِىّ.ُ

“Had (‘Umar) ibn al-Khattab not prohibited fixed-time marriage [mut‘ah], 5no one would ever commit adultery and fornication [zina] except a wretched person.” 6

Regrettably, in our culture this thing made lawful by God, which is a key solution for many problems, is still considered abominable. Yes, if there are those who under the name of religion want to declare lawful that made unlawful by God, it is abominable. Apart from being abominable, it is also unlawful [haram ] and it is a kind of religious innovation [bid‘ah ]. The same is true for its opposite. Forbidding the lawful is also an innovation:

انَّ اللهَ يُحِبُّ اَنْ يُؤْخَذَ بِرُخِصِهِ كَما يُحِبُّ اَنْ يُؤْخَذَ بِعَزائِمِهِ

“Verily, God loves people to benefit from the permissible [mubahat] and lawful [halal-ha] things just as He loves them to perform the compulsories [wajibat] and shun the unlawful [muharramat] things.” 7

Thus, under the name of religion, or under the name of tribalism or local, ethnic and clannish prejudices nobody has the right to declare unlawful what has been made lawful by God. In the same manner, setting limits on freedoms is unlawful and an innovation. But if what is meant by “freedom” is illegitimate freedom, no one should expect religion not to oppose it!

This is because freedom can either be legitimate or illegitimate. If legitimate, both religion and law declares it lawful and is not opposed to it,

and there is no point in saying that religion or law has no right to deprive society of legitimate freedom. If a religion permits something, how can it prohibit what it has permitted?

This is contradictory in itself. But if a certain freedom is illegitimate and religion has prohibited it, it is meaningless to say that religion has no right to prohibit it. This is another form of contradiction.

Necessity of restraining freedom

It can thus be deduced that we also regard freedom as a very noble element permitted by God and a prerequisite for the material and spiritual exaltation, advancement and perfection of man. We believe that if man does not possess the gift of freedom, he cannot consciously choose a religion and act upon its commandments, for his conviction will have no value. The advancement and perfection of man lies in his conscious acceptance of religion. This is also the meaning of“There is no compulsion in religion.” 8 We believe that freedom is one of the greatest gifts of God, but is most beneficial when used within limits specified by the Giver of the gift:

﴿وَمَن يَتَعَدَّ حُدُودَ اللّهِ فَأُوْلَـئِكَ هُمُ الظَّالِمُونَ﴾

“…And whoever transgresses the bounds of Allah-it is they who are the wrongdoers.” 9

Transgressing the bounds set by Allah leads to wretchedness and deprivation of the divine gift. The same thing which leads to man’s felicity will result in his misery. Once a person consumes food beyond limit, he will get sick and it may even cause his death. Once gratification of the sexual instinct which is a divine gift goes beyond limits, it will bring about social corruption and inflict dangerous diseases and sometimes even the extinction of society. The Islamic state not only guarantees legitimate freedom but at the same time, it has to prevent illegitimate freedom.

The skepticism expressed in newspapers is that by holding these discussions, I allegedly want to omit the article on national sovereignty from the Constitution. They say, “According to the Constitution, the people are masters of their own destiny. So, if they are compelled to follow religion only, they will no longer be masters of their own destiny!” This skepticism is so deceptive. I say to them: Is this the only thing mentioned in our Constitution? Is it not stipulated in the same constitution that sovereignty belongs to God the Exalted?

Does not the same constitution say that the laws to be implemented in the country must be in agreement with Islam? Are these facts not mentioned in the Constitution with the article that people shall be the masters of their own destiny? It may be said that these two articles of the Constitution are contradictory and are in need of interpretation and solution. But if we try to analyze them carefully, we will understand the purpose of the two articles. Once it is stated in the first article that sovereignty belongs to God and then it is stated that the people are masters of their own destiny, it means that under the aegis of God’s sovereignty, the people are masters of their own destiny.

Thus, those who are outside Islamic society and not among the people of this country have no right to impose their own ideas, preferences, religion,

and law on us. America has no right to impose its law on us. It is the people of this country who are supposed to vote for their own desirable law and they have already voted in favor of Islamic law.

In his speech at Ahwaz University, a certain person has said: “Even if the people demonstrate against God, the law is not supposed to prevent them!” Is this what the sovereignty of the people means? Does the Constitution say so? If a certain person who is unfamiliar with the Constitution makes such utterances, it is understandable.

What is surprising is that a certain person who regards himself a legal expert makes such a claim! He may say, “We do not accept your interpretation of the Constitution.” In reply, it must be said that if there is an ambiguous point in the Constitution, its authorized interpreter is the Council of Guardians. If you accept this constitution, you will see that it does not give you the authority to interpret it. If you really believe in this law, you have to seek its interpretation from the Council of Guardians. It is this Council of Guardians which is the guardian of Islam and the Constitution and is composed of Muslim jurists whose function is to guard and protect Islamic laws. Once your view is approved, you have the right to trample Islam under your feet!

References

1. Surah al-Baqarah 2:159.

2. Bihar al-Anwar, vol. 57, p. 234.

3. Surah al-An‘am 6:68.

4. Surah an-Nisa’ 4:140.

5. For information on the issue of mut‘ah, see, among others, Sayyid Muhammad Husayn Tabataba’i, Al-Mizan: An Exegesis of the Qur’an, trans. Sayyid Saeed Akhtar Rizvi (Tehran: World Organization for Islamic Services, 1992), vol. 8, under the commentary on Qur’an 4:24, pp. 104-111; Sayyid ‘Abdul-Husayn Sharafuddin Musawi, Questions on Jurisprudence, trans. Liyakatali Takim (Ontario: Hydery Canada Ltd., 1996), chap. 4, http://www.al-islam.org/masail/4.htm; Sachiko Murata, “Temporary Marriage in Islamic Law,” Al-Serat 13, no. 1, http://www.al-islam.org/al-serat/al-serat_muta/title.htm. [Trans.]

6. Ibn Abi’l-Hadid, Sharh Nahj al-Balaghah, vol. 12, p. 253.

7. Bihar al-Anwar, vol. 69, p. 360.

8. Surah al-Baqarah 2:265.

9. Surah al-Baqarah 2:229.

Session 6: Freedom in Islam (Part 2)

Expressing skepticism on the foundation of historical development of man

This skepticism is formed based on the historical development and diversity of human culture and civilization and the transformation of social orders. It must be acknowledged that the social life of mankind throughout history has passed through many critical stages and moments. In a certain period in human history, slavery was the issue of the day, and the preservation of human civilization and advancement required that weaker and inferior human beings would be slaves of others and subjected to forced labor by the latter.

It is natural that consistent with that period, the relationship between man and God used to be described within the framework of master-servant relationship because some were masters and sovereigns while some were their servants and slaves, and human relations used to be assessed within the framework of the master-servant relationship. As such, just as the weak were considered slaves and servants of the strong and mighty, all human beings were recognized as servants of God, He being the Master. However, as the system of slavery is now abolished, comparisons to that period are no longer relevant.

Nowadays, man does not feel obedient and subservient. He feels he is his own master. So, he says that we are servants and God is the Master, but regards himself as the vicegerent of Allah. He who is the vicegerent of God has no feeling of servitude and is not inclined to receiving orders and obeying God. Rather, he has a feeling of Lordship. God is dismissed and he replaces Him. He does whatever he likes. This is the age of modernism and the dominance of a new civilization over mankind.

We have attained a level of awareness, growth and advancement in which we cannot afford to accept mandatory order, subservience, obedience, and submission to a great entity. We are in pursuit of lordship and mastership. We have gone through the period of obligation and sense of responsibility. Even if orders, commands and duties are mentioned in the Qur’an as they are, these are related to the age of slavery because when the Prophet (s ) began his apostleship [risalah ], a great system was prevalent, and the initial structure of Islam and the relationship of God and the Prophet (s ) with the people consistent with that system.

Sometimes they say that today man is not looking for duties. He is rather seeking his rights. It is no longer inculcated in his mind that he has any duty, responsibility and obligation to perform. He has to demand his rights and claim them from others as well as God. In short, those who talk from the religious perspective about the exigency of obeying and following the Prophet (s ), the infallible Imams (‘a ) and their deputies are doing so in consonance with the social system fourteen hundred years ago.

The social system, however, has been transformed, and it is no longer relevant to talk about obedience, submission and duty. Instead one needs to talk about human rights. The people have to be informed that they have the right to live in whatever way they like. They have the right to wear whatever

style of dress they like, and to appear in public in whatever manner they like.

Reply to the above skepticism

We shall approach the reply to the above skepticism from the ontological [takwini ] and legislative [tashri‘i ] angle as we are facing these two stances. In other words, it is the stance of “beings” and realities and the stance of “dos and don’ts” and duties. From another perspective, it is the world of realities while the other one is the world of values. (Of course, the above expressions are equal in substance but because of different levels of understanding various expressions have been presented.)

Now, ontologically, it must be examined what our relationship to God is, because if a person does not believe in God in principle, to assume any relationship with God will be senseless in his view. But if a person has faith in God, he, at least, accepts that it is He who created him. He acknowledges the Creatorship [khaliqiyyah ] of God, which is the lowest level of faith in God, and regards himself as among His creatures and phenomena. (Of course, in Islam mere belief in the Creatorship of God is not enough for a monotheist [muwahhid ]. In fact, belief in the ontological and legislative Lordship [rububiyyat-e takwini wa tashri‘i ] of God is also necessary for belief in monotheism [tawhid ]).

Based on monotheistic belief in creatorship [tawhid fi’l-khaliqiyyah ], the statement of one who claims that he is not a servant and slave of God is inconsistent with the belief in the Creatorship of God. The first step in monotheism is to accept that we are God’s creatures and that we owe our existence to Him. This is the same as servitude [‘ubudiyyah ] to God.‘Abd [servant] means to be a slave and in possession of another. So, if a person regards himself a Muslim who believes in God but refuses to accept servitude to Him is in explicit contradiction, because the requisite of belief in God is to regard oneself as His slave and servant. It is for this reason that in their most essential and eminent forms of worship, viz. thesalah [ritual prayer], all Muslims say: “I bear witness that Muhammad is His servant and apostle” [Ashhadu anna Muhammadan ‘abduhu wa rasuluh ].The most outstanding and honorable station of the best human personality is to be a servant of God. As such, God says:

﴿سُبْحَانَ الَّذِي أَسْرَى بِعَبْدِهِ لَيْلاً مِّنَ الْمَسْجِدِ الْحَرَامِ إِلَى الْمَسْجِدِ الأَقْصَا﴾

“Immaculate is He who carried His servant on a journey by night from the Sacred Mosque to the Farthest Mosque …” 1

Yes, because of the lofty position of servitude to God, in the Qur’an God has repeatedly used the elegant term “‘abd ” and its derivatives, regarding utmost servitude as the loftiest station of human perfection when He says:

﴿يَا أَيَّتُهَا النَّفْسُ الْمُطْمَئِنَّةُ ٭ ارْجِعِي إِلَى رَبِّكِ رَاضِيَةً مَّرْضِيَّةً ٭ فَادْخُلِي فِي عِبَادِي﴾

“O soul at peace! Return to your Lord, pleased, pleasing! Then enter among My servants!” 2

From the legislative angle, to say that freedom of man is inconsistent with subservience to law and assumption of responsibility will lead to savagery, barbarity and chaos. This notion that being free man can do

whatever he likes and even defy the law he himself approved of is inapplicable even in the jungle because there also are certain laws observed by the animals! We, beating the drum of civilization and civility, have to accept that the first pillar of civility is the acceptance of responsibility and observance of law. Through unconditional non-acceptance of restrictions and responsibility, one can not claim modern civilization. Rather, he should find himself drowned in the lowest firm if barbarity.

In other words, the most eminent human faculty is reason, which insists that man should accept responsibility and regard himself bound ‘to do’ and ‘not to do’ certain things. Based on this, if a person wore a dress as he pleased, or appeared naked in public, uttered gibberish nonsense, who would treat him as being in the right frame of mind? Will he not be considered insane, stupid or even savage? If asked, “Why are you behaving thus?” he replies, “I am free and freedom is the hallmark of humanity. I just feel like that,” is there anyone who will accept him?

It follows that the hallmark of humanity is the intellect and the corollary of rationality is the acceptance of responsibility and observance of law, for there is no civility without legality. If there is no sense of responsibility, humanity will also not be realized. That man is free, i.e. to have the power to choose, does not mean that legislatively he should not submit to laws, decrees and mandatory orders and not accept any limits and boundaries in his social life. As such, it should not be imagined that religion’s assumption ofwilayah is opposed to human freedom, because freedom is the most eminent feature of man and a requisite for being the viceroy of Allah!

Expressing the above skepticism through a different approach

Some say that considering the development and evolution in the various stages of human life as well as new beliefs, outlook, ways of thinking, and requisites of the present civilization, today’s religion should be concerned with human rights, and not duties and mandatory orders.

In reality, modernism and the modern civilization have created a tall wall between us and the past people who were servants and slaves serving others.

As such, modern man has wound up the case of acceptance of duty and responsibility which belonged to the age of barbarity and intransigence, and is striving to reclaim his rights. Nowadays, to talk about duty and discharging of responsibility is retrogression and a return to the pre-modern age. In this age of human rights, when by the blessings of democracy, man was released from the bondage of slavery and colonialism, the time has come for us to abandon the ancient religions which were consistent with the age of slavery and turn our attention to new religions that talk about human rights.

In a bid to realize their statement and objective and draw the attention of society, especially the youth, to such statements, the skeptics utilize various means. But we shall reply to them on the basis of correct and firm logic.

Reply to the above skepticism

The claim that today’s man is only looking for rights without duties is an idle and false claim. As legal philosophers say, “No right can be established

for a person without there being a duty established for others. For example, if the right of using clean and fresh air is established for a citizen, other citizens are duty-bound not to pollute the air. So, if everybody has the right to pollute the air, the right to use clean air loses meaning.

Similarly, if a person has the right of possession to his properties, others must be obliged not to embezzle them; otherwise, the right to benefit from one’s possession will not be actually realized. In the same vein, every right established for a person has a corollary duty he has to discharge toward others. If a person has the right to benefit from public utilities as he really has, he is obliged in return to serve the society, accept duties and responsibilities, and not to burden others. Therefore, rights and duties-in both senses-are correlative and to say that people demand rights without responsibilities is inadmissible.

Considering that all religious and non-religious scholars as well as legal philosophers, in general, acknowledge the existence of duty and commitment, we conclude that what is meant by duty in the statements of the skeptics is divine duty. The essence of their statements is that God should not set any duties for us. On the contrary, according to them, social duties are not within the framework of rights that individuals possess because these duties are acceptable to all rational people. This confirms that the master-servant relationship, the master’s issuance of an order, and, the exigency of obeying him, are consistent with the culture of slavery and, therefore, irrelevant today.

Disobedience to God in the past

It is not only modern man who refuses to submit to God, religion and divine duty. Many people throughout history did not submit to divine duties but engaged in rebellion and violation of law. To say that man is looking for his rights and not duties is not new. In the very beginning Qabil (Cain), the rebellious son of Adam (‘a ) openly disobeyed divine ordinances. His violation of law and selfishness led him to murder his own brother Habil (Abel):

﴿وَاتْلُ عَلَيْهِمْ نَبَأَ ابْنَيْ آدَمَ بِالْحَقِّ إِذْ قَرَّبَا قُرْبَانًا فَتُقُبِّلَ مِن أَحَدِهِمَا وَلَمْ يُتَقَبَّلَ مَنَ الآخَرِ قَالَ لَأَقْتُلَنَّكَ قَالَ إِنَّمَا يَتَقَبَّلُ اللّهُ مِنَ الْمُتَّقِينَ﴾

“Relate to them truly the account of Adam’s two sons. When the two of them offered an offering, it was accepted from one of them and not accepted from the other. [One of them] said, ‘Surely I will kill you.’ [The other one] said, ‘Allah accepts only from the God-wary’. 3

The historical accounts of the prophets of Allah (‘a ) mentioned in the Qur’an indicate that most people used to belie their own prophet. Not only did they reject his prophetic call but also wrongly accused him. They used to ridicule and mock their own prophet and even kill or expel him from their city. If a prophet would say something beneficial for them by prohibiting them from doing wrong, for e.g., weighing wrongly-“And do not cheat the people of their goods” 4-they would say to him in return:

﴿قَالُواْ يَا شُعَيْبُ أَصَلاَتُكَ تَأْمُرُكَ أَن نَتْرُكَ مَا يَعْبُدُ آبَاؤُنَا أَوْ أَن نَفْعَلَ فِي أَمْوَالِنَا مَا نَشَاء...﴾

“They said, ‘O Shu‘ayb (Jethro), does your worship require that we abandon what our fathers have been worshipping, or that we should not do with our means whatever we wish?... ’” 5

It may possibly be said here that the opposition and hostility to the prophets and saints [awliya’ ] of Allah throughout history has been the result of idol-worship, polytheism and satanic rebellion. Our point is that man should neither wear the yoke of servitude to every object of worship [ma‘bud ] nor follow the idols and Satan.

But this statement is unwise from the authentic viewpoint of revelation [wahy ], because according to it, man is situated between two ways-servitude to God or servitude to thetaghut 6-and it is impossible not to choose one of them. If a person chants the slogan that “I am nobody’s servant,” in reality he is a servant of thetaghut and his own carnal desires. As such, the Qur’an says:

﴿اللّهُ وَلِيُّ الَّذِينَ آمَنُواْ يُخْرِجُهُم مِّنَ الظُّلُمَاتِ إِلَى النُّوُرِ وَالَّذِينَ كَفَرُوا أَوْلِيَآؤُهُمُ الطَّاغُوتُ يُخْرِجُونَهُم مِّنَ النُّورِ إِلَى الظُّلُمَاتِ﴾

“Allah is the Master of the faithful: He brings them out of darkness into light. As for the faithless, their patrons are the Rebels [taghut], who drive them out of light into darkness…” 7

In another place, God says:

﴿أَلَمْ أَعْهَدْ إِلَيْكُمْ يَا بَنِي آدَمَ أَنْ لا تَعْبُدُوا الشَّيْطَانَ إِنَّهُ لَكُمْ عَدُوٌّ مُبِينٌ ٭ وَأَنْ اعْبُدُونِي هَذَا صِرَاطٌ مُّسْتَقِيمٌ﴾

“Did I not exhort you, O children of Adam, saying, ‘Do not worship Satan. He is indeed your manifest enemy. Worship Me. This is a straight path’?” 8

The verse does not mean that after abandoning the worship of Satan, man is no longer in need of obeying and worshipping another being. In fact, he has to worship God. Just as in the formula of monotheism, “There is no god” [la ilaha ] is followed by the phrase, “but Allah” [illallah ]. Therefore, those who have woken up from the slumber of negligence by the light of revelation and have realized that they have to worship God for He is their real Creator and Master, in His hand is life and death, youth and old age, wellbeing and ailment. For them, to worship Him is the highest honor. His ordained duties stem from the spring of infinite wisdom and mercy, and acting upon them bring human felicity and perfection.

Realizing that refusal to accept the truth, duty and responsibility are caused by man’s lack of nurture [tarbiyyah ], bestiality and following of Satan, and have always existed in history and not only found in modern man. In fact, it is modern man who has desisted from the essentials of civility and turned toward the age of ignorance and savagery, and become the intransigent. On the contrary, those who have been trained in the school [maktab ] of the prophets (‘a ) have desisted from bestiality and savagery and

have chosen civility through the rule of law and acceptance of duty and responsibility in the true sense of the word.

Civilization and civility are the opposite of savagery and their main requisite and condition is the recognition of law. There fore, how can some people say that modern civilization demands that man should not accept any duty?! Is this civility, or savagery? Basically civilization is based on the acceptance at limitation, law and assuming responsibility; otherwise it has no difference with savagery.

Thus, he who refuses to accept the law, duty and responsibility actually advocates a return to savagery and barbarism. Certainly, he who has such an idea and disposition can never be the saintly vicegerent of Allah, who is our model. (It is necessary to note that the slogan of civility and the rule of law prevalent nowadays in our society, means the attainment of the peak of civility and the rule of law in which there is no violation whatsoever. It is a fact that something new has happened, and our society since the past 19 years,9 after the victory of the Islamic Revolution, is now moving toward civility. In fact, our Revolution occurred on the basis of the perennial civility and civilization of Islam, and one of its principal mottos and objectives was the observance of divine law in all affairs.)

Following God and freedom

Again, the axis of the prophets’ call is to obey and worship God and not follow thetaghut . God says:

﴿وَلَقَدْ بَعَثْنَا فِي كُلِّ أُمَّةٍ رَّسُولاً أَنِ اعْبُدُوا اللّهَ وَاجْتَنِبُوا الطَّاغُوتَ﴾

“Certainly We raised an apostle in every nation [to preach:] ‘Worship Allah, and keep away from the Rebel’…” 10

Given this, it cannot be accepted that Islam is based on non-obedience to others including God. Essentially, any religion that calls upon us to disobey God is false. As indicated earlier, the essence of the prophets’ call is absolute obedience to God from whom entire creation emanates and who is the Beginning, the End and Real Master-

“Indeed we belong to Allah, and to Him do we indeed return.” 11

Now, once we recognize God as the Real Master of the universe and ourselves, how can it be accepted that He has no right to give orders and issue decrees to us? Is ownership other than that the owner can use his property in whatever way he likes? Therefore, it is inadmissible to claim that we have accepted Islam yet we have not subjected ourselves to the bond of servitude to God; for, absolute freedom is condemned by both religion and the intellect. Islam and religion are proclaimers of freedom. This is freedom from worship, and obedience of thetaghut s and other than God, and not a deliverance from obedience to God. Man is created free and autonomous but he is legislatively and legally bound to follow God. He has the right to freely choose to obey or disobey God. Essentially, in the world of creation the seal of servitude is put on every phenomenon. Intrinsically, no creature exists without the mark of servitude to God:

﴿تُسَبِّحُ لَهُ السَّمَاوَاتُ السَّبْعُ وَالأَرْضُ وَمَن فِيهِنَّ وَإِن مِن شَيْءٍ إِلاَّ يُسَبِّحُ بِحَمْدَهِ وَلَـكِن لا تَفْقَهُونَ تَسْبِيحَهُمْ﴾

“The seven heavens glorify Him, and the earth [too], and whatever is in them. There is not a thing but celebrates His praise, but you do not understand their glorification. 12

In connection with the servitude and worship of creatures, God also says:

﴿أَلَمْ تَرَ أَنَّ اللَّهَ يُسَبِّحُ لَهُ مَن فِي السَّمَاوَاتِ وَالْأَرْضِ وَالطَّيْرُ صَافَّاتٍ كُلٌّ قَدْ عَلِمَ صَلَاتَهُ وَتَسْبِيحَهُ﴾

“Have you not regarded that Allah is glorified by everyone in the heavens and the earth, and the birds spreading their wings. Each knows his prayer and glorification.” 13

Yet, due to the possession of reason and intellect, man has been created free and autonomous. God, the Exalted, has shown him the way to guidance or misguidance, but he is free in choosing his way. Almighty Allah says:

﴿إِنَّا هَدَيْنَاهُ السَّبِيلَ إِمَّا شَاكِرًا وَإِمَّا كَفُورًا﴾

“Indeed We have guided him to the way, be he grateful or ungrateful.” 14

He has to take into account the purpose and philosophy of his creation and know that he has to engage in servitude and submission to God. The legislative law of God does not permit him to move along the path of obedience to Satan and other than God. Man has to worship God and perform his duties to Him because God has created him for such a purpose:

﴿ وَ ما خَلَقْتُ الْجِنَّ وَ الإِْنْسَ إِلاَّ لِيَعْبُدُونِ ﴾

“I did not create the jinn and humans except that they may worship Me.” 15

Now, since worship of God is harmonious with the system of creation, discharging of divine duties, acting upon one’s obligation and responsibility toward Him and being thankful to the All-merciful Creator who gives us life and endows us out of His grace and favor with wellbeing and innumerable blessings is necessary-just as God says in the tongue of Hadrat Ibrahim (Abraham) (‘a ):

﴿ الَّذِي خَلَقَنِي فَهُوَ يَهْدِينِ. وَ الَّذِي هُوَ يُطْعِمُنِي وَ يَسْقِينِ. وَ إِذا مَرِضْتُ فَهُوَ يَشْفِينِ. وَ الَّذِي يُمِيتُنِي ثُمَّ يُحْيِينِ ﴾

“(It is God) who created me, and it is He who guides me, and provides me with food and drink, and when I get sick, it is He who cures me; who will make me die, then He will bring me to life” 16

how can we afford to refuse to follow Him. Is it fair and righteous for us to say that modern man does not believe in duty and obedience and is only interested in his rights? Does Islam accept this logic? Undoubtedly, such thinking is devoid of rationality and far from humanity, let alone having an Islamic basis.

References

1. Surah al-Isra’ (or Bani Isra’il) 17:1.

2. Surah al-Fajr 89:27-29.

3. Surah al-Ma’idah 5:27.

4. Surah ash-Shu‘ara’ 26:138.

5. Surah Hud 11:87.

6. The term taghut applies to any idol, object, or individual that prevents men from doing what is good, and leads them astray. The term has been used eight times in the Qur’an. Prior to Islam, taghut had been the name of one of the idols of the Quraysh tribe. This name is used also to mean Satan. Moreover, the term is used to indicate one who rebels against lofty values, or who surpasses all bounds in his despotism and tyranny and claims the prerogatives of divinity for himself whether explicitly or implicitly. [Trans.]

7. Surah al-Baqarah 2:257.

8. Surah Ya-Sin 36:60-61.

9. It is now almost three decades. [Trans.]

10. Surah an-Nahl 16:36.

11. Surah al-Baqarah 2:156.

12. Surah al-Isra’ (or Bani Isra’il) 17:44.

13. Surah an-Nur 24:41.

14. Surah al-Insan (or, ad-Dahr) 76:3.

15. Surah adh-Dhariyat 51:56.

16. Surah ash-Shu‘ara’ 26:78-81.

Session 7: Freedom, Its Limits and Boundaries

Islamic political theory and skepticism on alleged restriction of freedom

Since Islamic society must be administered on the basis of Islamic laws and decrees, the law-implementers must not go beyond the bounds of Islamic decrees and orders since people are bound to act upon Islamic laws. A skeptical voice questions: Is this concordant with human freedom? In making rules and regulations for his life and the manner of implementing them, man has to be free. For us to say that he has to move within the framework and observe the rules and regulations is inconsistent with human freedom, which is one of his inalienable rights.

Before dealing with the above skepticism and question, I deemed it necessary to state a point as an introduction which is also beneficial in other discussions and which must be given close attention. Once we are dealing with essential and joint concepts, for example, in natural sciences it is not difficult to understand essential concepts, like “water,” “movement” and “lightning”; in medical affairs, “eye,” “ear,” “hand and foot,” “stomach,” “lung,” and “liver,” because everyone knows what these terms mean.

However, understanding intricate concepts-like philosophical concepts and concepts used in social sciences and humanities such as psychology, law, political science, and the like-is difficult. Some times terms have many definitions which can easily confuse. While discussing such terms, people do not arrive at definite and certain conclusions.

For example, all of us are familiar with the term “culture”. This term has often been used in educational systems, poems, literary works and daily conversations. Yet, if one is asked what culture is, not a single person in one thousand could define culture correctly. Even the experts who have come up to define the term “culture” believe that this term has fifty to five hundred definitions! Naturally, when the commonly used term ‘culture’ can be so ambiguous in its definition, the ambiguity will consequently influence everything associated with it, especially social issues.

When there will be talk about cultural development, it will be pertinent to ask what cultural development is, what its manifestations are, and, in what form and way it takes place. If a budget for cultural development is approved by the Islamic Consultative Assembly but specific expenditures and clear manifestations of it are not taken into account, there will be difficulty in defining this term, only certain manifestations will become the object of attention, and the ground for abuse by exploiters will be opened.

Different outlook on concept of freedom

Intricate concepts like freedom have no specific manifestations and are difficult to define. Whenever freedom is mentioned, the listener feels pleased. Almost all peoples and nations believe in the sanctity of freedom because man inherently wants to be free.

If we try to examine the set of articles, books and treatises relevant to the concept of freedom, especially works published in recent years, we will find out that there is no common and specific concept about freedom among

authorities and writers. A person defines freedom in a certain way and defends it while another person defines it in a different way and criticizes the other definition. Given this difference and divergence of opinion, they cannot arrive at a consensus on which the discussion can be concluded. Once we know what freedom means we can reply to the question whether freedom is harmonious with Islam or not.

Regarding a term which has numerous meanings-such that Western writers have mentioned as many as about two hundred definitions many of which are close to one another, their difference being only a matter of commission or omission of one or two words, there also being cases where the definitions are inconsistent with one another-how can they judge whether it is harmonious with Islam or not?

Similar to the term “freedom” is the term “democracy”, which is a Western term. It is sometimes defined as “populism” as well as “the government or sovereignty of the people”. But an exact and specific meaning of it has not yet been presented. It is not clear whether democracy is a form of government or a set of social behavior. Is it related to the realm of government and political issues, or to the realm of sociology or management? There are many discussions in this regard. In addition, the translation of such terms from one language to another exacerbates the ambiguity and problem.

Similar is the case of the term “liberalism” which was formerly translated as “freedom-loving” and like the term “freedom”, possesses distinct attractiveness, sanctity and desirability. As such, during the final decades of the Pahlavi rule, parties described as “freedom-loving parties” were formed.

So, in view of the ambiguities existing in such intricate concepts, the discussion will be problematic because the concepts tend to become error-prone. It cannot be said with certainty that this is the limit of the meaning that will no longer be changed. Such concepts are extensive, have no definite limits and boundaries and being broad in meaning. Naturally, these difficulties make the discussion ambiguous and complicated.

Now, in view of these problems, ambiguities and difference in understanding and outlook on freedom, if we want to compare each of these definitions with Islam, such a work in the academic environment will be onerous and complicated, let alone in a public discussion meant for a diverse strata of people. As the only option, we will have to use the empirical and comparative approach to see what notion the proponents of freedom hold about it and what they want from it. Then we will see whether what they want from it is harmonious with Islam or not.

What do those who advocate and defend freedom, and claim that there is no freedom in this country (Iran) want from freedom? Is there no freedom of the press? Or, do the people have no individual freedom? Do they have no political, social and economic freedom? Or, do they have no freedom of expression? Basically, it must be seen in what condition and way these claimants regard the people as free.

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

Usually, individuals exploit intricate and ambiguous concepts such as “freedom” to serve their motives. They mention these concepts equivocally so that the addressee understands it in a certain way while they mean something else, and thus they advance their sinister motives. For example, in the discussions, speeches and articles, some magazines and newspapers have posed this question: Has religion predominance over freedom, or vice versa? Is freedom the basis while religion follows it, or vice versa?

Undoubtedly, this question seems to be scientific and great curiosity is aroused to know whether religion or freedom predominates. But in actual discussion, if we say that religion predominates, they will say, “Since a person should be free to accept religion, as long as he is not free how can he choose a religion and predominates it? So, it becomes clear that freedom predominates over religion.” They then conclude that religion cannot restrict freedom because freedom is the basis of religion! So, man can do whatever he likes and think in whatever way he wants! As you can see, this fallacious argument seems to be reasonable because if a person is not free, how can he accept Islam?

It thus follows that freedom predominates religion, is the basis of religion, gives credence to religion, and is essentially the reason behind the existence of religion. In this case, religion can no longer remove or restrict its producing and constructive element. In the end, they conclude that in every religious environment, every person should have ultimate freedom!

Others argue that when man is created, he is not a slave but free. So, he should also remain free all his life. They also argue that to have autonomy and freewill is an unequal value. As such, if at the time of coming to this world the hands and feet of man are paralyzed and he is dumb, what is his value? His value lies in his being free to go wherever he wants, do and say whatever he likes. Since man has been created intrinsically free, it follows that he should also be legislatively free! This is the same fallacy that incorrectly deduces “dos and don’ts” from “being”. But if we try to deal with these subjects seriously, we need to present precise academic philosophical discussions before arriving at any conclusion.

As stated earlier, if we try to discuss the definition of freedom, we have to examine tens of definitions. As such, it is better to deal with its manifestations and ask those who are shouting for freedom: “Will you allow somebody to slap you and agree that he is free to do so?” They will say, “Obviously, we do not mean a violation of the rights of others.” We thus conclude that freedom is desirable as long as it does not violate the rights of others and thus it is not absolute. Now, if we ask them, “Will you allow anyone to say anything about your family and chastity? He will not beat you. He will only insult you, revile you and abuse you.”

Naturally, they will not allow it because this act is also a violation of the integrity and chastity of every respectable person in society. Thus, it is clear that attack on one’s integrity and chastity is not only confined to physical violation.

Now, if someone wants to write something in the newspaper against a person and besmirch his reputation, there is no physical contact and there is no verbal insult and defamation, will that person allow him? He will

certainly not allow him. He will regard this act as a violation of his reputation and integrity. He will not allow others to besmirch his reputation and trample upon his rights. Thus, so far three main conditions of freedom have been confirmed. If these conditions are not observed, the rights of others will be violated.

Need to observe the values and sanctities of every society

Another point which we have to deal with is that values and sanctities are different in every society and considered relatively. For example, in some societies there is no problem if a person wants to have a relationship with the sister or daughter of another person. As, in European and American countries, if a person wants to establish a friendly relationship with any woman there is no restriction if it is with the consent of the two parties. But if the woman is forced she goes to court to say that he had sex with her without her consent, and the court will examine her claim. But there is no problem if a man and a woman have a voluntary sexual relationship! If a person tells another, “Your sister is my girlfriend and last night we were together in a certain place,” this statement is not strange in Western culture. In fact, some would even be pleased to hear it. In our society and environment, however, it is uncalled for and treated as an abuse, and no one has the right to say so.

From this, we can deduce another thing and that is, every society has its own values and regards certain things as respectable and sanctified which another society does not. Now, what is the source of these values and sanctity? Undoubtedly, it is the culture, social environment and beliefs of every society. Obviously, these values are defined according to the culture and social environment of every person in every country. Hence, if in a certain place something is sanctified and respected according to the specific culture of those people, it should not be violated and slighted. No person has the right to say whatever he likes anywhere. He has to speak carefully, so that the values of those people are not violated. In our society, however, being different from that of the West, freedom does not allow anyone to say anything about people.

Thus, freedom, as some have imagined is unacceptable to any rational person. In Islamic society, no one has the right, under the pretext of freedom, to disrespect the sanctity of Islam and those that are dearer to people than their own lives.

Our people proved that they were willing to sacrifice hundreds of thousands of their dear ones for the sake of Islam. When a person is insulted in the West in any way-for example, it is said to him that he is ugly and big-nosed-he has the right to go to a court of law and file a complaint. In our culture, if a person abuses something which is dearer to the people than their mothers, fathers, spouses, and children, do the people not have the right to protest against him for expressing his disrespect for their most valuable possession, under the name of freedom?

Illegitimate motives in exercising freedom

What do those who talk about freedom and allege its absence in Iran, want to say? Some of them yearn for the Western lifestyle. In Iran this

practice is not allowed. Why? Is it because the Islamic government receives orders from Islam, God and the Prophet (s )? They do not want to accept the decree of God, so they object to the orders of thewali al-faqih , while thewali al-faqih does not say anything from himself:

﴿فَإِنَّهُمْ لاَ يُكَذِّبُونَكَ وَلَكِنَّ الظَّالِمِينَ بِآيَاتِ اللّهِ يَجْحَدُونَ﴾

“Yet it is not you that they deny, but it is Allah’s signs that the wrongdoers impugn.” 1

Does the duly competentfaqih andmarja‘ at-taqlid [source of emulation] say something about himself? Whatever he says is taken from the Qur’an anda hadith, words of God and the Prophet (s ), but they do not want to acknowledge this fact. In open spaces at prestigious American universities, male and female students behave in a manner that we are ashamed of mentioning. It is obvious what must be taking place in the places of pleasure of such a society. If a film taken in one of these places of pleasure is placed at the disposal of the youth in this country, you might guess what impact it will have!

Naturally, a youngster who watches such a film will have no peace of mind when he goes to the university in the morning because he remained awake the night before. There is already an intense sexual urge in him, which watching such a film will intensify and deprive him of tranquility and peace of mind. When such a youngster shouts that there is no freedom, it means that “You do not allow me to do the thing I wish to do” and all the allegations against the Islamic government stem from the desire to gratify the sexual urge. So you need to know what you want from freedom.

If you want permission from an Islamic government to do whatever is permitted and practiced in the environment of unbelief and atheism, rest assured that it will not be allowed, because the people sacrificed their beloved ones for the sake of implementing the values of Islam, and not allowing Western debauchery and corruption to become rampant.

Some people might say that we are indeed Muslims, have voted for this system, believe in the Imam and the Leader, and we do not want the kind of freedom prevalent in the West. Rather we want to have the freedom of expression, freedom of the press and freedom of action. Grant this freedom to us and allow us to say whatever we want. This point of request is reasonable.

In the Universal Declaration of Human Rights, one of the primary rights considered for all human beings is the freedom of expression and the freedom of the press as democratic principles. They will be told, “You are free to write and express your opinion regarding the performance of the implementers of laws. But, if you want to write something about the Islamic principles and values and negate everything, or insult religious sanctities, you will have to question yourself, not the government.

Limits of freedom of expression

If freedom means speaking and writing freely about things that are not permissible in action, it is clearly paradoxical. When somebody utters a single offensive word against you, you are ready to go to a court of law and file a complaint? How come you do not allow somebody to publish certain

personal matters about you in a newspaper yet demand the freedom to divulge the secrets of a nation? How come divulging personal secrets of a person is not permissible, but divulging the secrets of a nation is permissible?!

In your opinion, when a person turns into seventy million people, divulging his secrets becomes permissible! Should it not be proper to observe a limit with respect to a society both in speech and writing, and realize that everything cannot be uttered and written? Every society has its sanctity, rights and values, which must be preserved, not violated.

How can one allow the abuse of the religious sanctity of a society of sixty-million people which has offered hundreds of thousands of martyrs for its preservation? Do you think that there should be no limitation? Under the pretext of freedom, you demand no legal restrictions and limitations? Is freedom absolute? If freedom were really absolute, it follows then that I also have the right to say anything I want about a person!

When the reputation and sanctity of a seventy-million strong nation are violated and a complaint lodged against you, you cry ‘freedom of expression’?! Which fallacy is more serious: tarnishing the reputation of a person or a nation of seventy million, nay a society of one billion Muslims? What kind of logic is this? The fact that the freedom of expression and the press has been stipulated in the Universal Declaration of Human Rights, is defamation of religious sanctity also permissible?! One ambiguous word-“freedom”-is used, interpreted and exploited by whoever pleases to do so.

Need to explain concept and manifestation of terms

Instead of using ambiguous and confusing terms, I will focus on their manifestation to decide whether a demand is permissible or not. For example, instead of asking whether Islam is compatible with democracy or not, you have to ask, “What do you want and what do you wish to do? If you want to disregard God and His decrees, then this is not permissible in Islam. If democracy means that the people have the right to enact any law even if it is against the law of God, we will not accept such a democracy even if the whole world backs it up.

However, if by democracy it means that the people have the right to chart their own destiny without compulsion, provided they uphold the sanctity of Islamic values, laws and foundations, then this is something that has been functioning in our country from the beginning of the Revolution. If we claim that in no country in the world is the vote of the people respected as much as in Iran, it is perhaps not an exaggerated claim. Since I have no sufficient documents and evidence at my disposal, I say “perhaps” but I personally believe that such freedom does not exist in any other place in the world.

So, instead of debating on the word “democracy whether Islam is compatible with it or not, it would be wiser for you to specify its manifestations. For example, does Islam permit legalizing homosexuality? Islam will never allow it even if all the people unanimously approve it. If democracy is so unrestricted and unlimited, we do not accept it.

However, if by democracy you mean that the people should have free elections, freely elect the members of parliament and the president, and have

the right to call to account the members of parliament and other government officials, this freedom must surely exist as it does, and we totally support it. So, instead of using terms equivocally and disputing over them, it is better for us to discuss manifestations. Concepts such as freedom, democracy, liberalism, civil society, civilization, and culture are ambiguous and elicit various interpretations. To dispute over them is in no way reasonable. Instead, you have to say what you want so that we can say that it is consistent or inconsistent with Islam.

References

1. Surah al-An‘am 6:33.


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