Alhassanain(p) Network for Heritage and Islamic Thought

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

Definition of politics and the three powers in Islam

In order to make clear whether or not the Qur’an talks about politics, we present an unequivocal definition of politics. Politics means the method of administering or organizing the society in such a manner that its interests and desires are realized. In simpler terms, politics means the rule of statecraft. What we mean by politics is not ‘real politic’, the concept with negative connotations, which is linked with chicanery, trickery, scam, and deception.

In the sphere of politics and statecraft, since the time of Montesquieu1 the administrative body has been seen to be composed of three powers, viz. the legislative, executive and judicial. The function of the legislative body is the enactment of laws and decrees for the administration of society and formulation of rules of behavior for the people under different circumstances, in such a manner that justice is implemented, order prevails in society, and the rights of individual is not trampled upon. In general, society moves toward reform. The function of the executive body, the cabinet, is the implementation of laws and regulations enacted by the legislative body. The function of the judicial body is to adapt general laws and cases to particular and special cases and adjudicate and pass judgment on the disputes and differences among people.

Considering the above classification and functions mentioned for each of the powers, the opinion of Islam and the Qur’an about the station and legitimacy of the three powers must be examined. Do the Qur’an and Islam have specific orders and laws in these domains? It must, however, be noted that by “laws” we mean social laws and decrees, (not personal laws) whose existence in religion no one doubts.

The social laws include civil, penal, commercial, political and international laws. Once we take a glance at the Qur’an, we discover that all kinds of laws in the world for the administration of society, and the management of international relations can be found therein. Apart from the fact that civil laws; decrees on marriage and divorce; laws on trade, transactions, mortgage, loan and the like can be found in the Qur’an (which proves that issues on statecraft, like enactment and presentation of laws for the administration of society are taken into account in Islam), a special right for the Prophet (s ) has been stipulated in the Qur’an to enact laws and decrees on particular cases based on circumstances of time and space, and the faithful are duty-bound to act upon the laws issued by the Messenger of Allah (s ):

﴿وَمَا كَانَ لِمُؤْمِنٍ وَلاَ مُؤْمِنَةٍ إِذَا قَضَى اللَّهُ وَرَسُولُهُ أَمْرًا أَن يَكُونَ لَهُمُ الْخِيَرَةُ مِنْ أَمْرِهِمْ﴾

“A faithful man or woman may not, when Allah and His Apostle have decided on a matter, have any option in their matter. ” 2

In this noble verse, the faithful have been deprived of the option to violate the decision of God and His Prophet (s ).

Thus, apart from the orders of God and fixed divine laws, laws enacted by the Prophet (s ) are also binding on all those living within the jurisdiction of the Islamic government. No one has the right to question these laws

because whoever opposes them does not regard the Prophet as an emissary of God. We have no business with such a person. He who believes in the Prophet’s (s ) right of legislation being delegated to him by God, but disputes about a truth, we will argue with him according to verses of the Qur’an.

Therefore, the Qur’an does not say,“An unbelieving man or woman may not…” but rather“A faithful man or woman may not…” As such, just as every ‘faithful’ living under the Islamic government acknowledges the apostleship of the Prophet (s ) and regards the laws of God as necessary to follow, he should equally regard the orders of the Prophet (s ) as necessary to follow. The necessity to follow God and Hiswilayah over all the faithful is established by such noble verses as:

﴿النَّبِيُّ أَوْلَى بِالْمُؤْمِنِينَ مِنْ أَنفُسِهِمْ﴾

“The Prophet is closer to the faithful than their own souls...” 3

According to the Qur’an, therefore, both the highest level of implementation of law and the right of legislation have been delegated to the Messenger of Allah (s ). Whether or not such a right and station is also established for anyone other than the Messenger of Allah must be dealt with elsewhere. Presently, our concern is whether Islam has an opinion about politics or not.

Judicial laws in the Qur’an

Meanwhile, concerning the issue of judging after adapting general divine laws to cases where there is a dispute and discord among people, God says:

﴿فَلاَ وَرَبِّكَ لاَ يُؤْمِنُونَ حَتَّىَ يُحَكِّمُوكَ فِيمَا شَجَرَ بَيْنَهُمْ ثُمَّ لاَ يَجِدُواْ فِي أَنفُسِهِمْ حَرَجًا مِمَّا قَضَيْتَ وَيُسَلِّمُواْ تَسْلِيمًا﴾

“But no, by your Lord! They will not believe until they make you a judge in their disputes, then do not find within their hearts any dissent to your verdict and submit in full submission.” 4

In the above verse, not only is the right of adjudication confirmed for the Messenger of Allah (s ), but the acceptance of and acting upon his adjudication and verdict has been regarded as a requisite of faith. This point is accompanied by a very emphatic oath-“In their disputes the people must definitely make you the judge and arbiter, and after you pass a judgment they should not nurse any dissent and dissatisfaction in their hearts but should accept the judgment with full submission and obedience. Otherwise, they will not be truly faithful.

The true faithful is one who, if the Islamic court issues a decree against him, accepts it with open arms, realizing the possibility that his right is violated because the judge passes the verdict on the basis of external means of rendering justice, which the Messenger of Allah (s ) explained thus: “Verily, I judge among you on the basis of proof and testimony.”5 The testimony of a witness who is outwardly just is accepted although he might have lied in his testimony or committed an error therein. If everyone does not act upon the verdict of the judge, no progress can be made and the system will collapse.

What can be deduced from the Qur’an on penal matters, such as blood-money [diyah ],qisas ,6ta‘zirat ,7 and the like, testify that Islam is highly involved in politics, administrative affairs and society. Islam has gone to the extent of taking into accounthudud 8 for criminals and corruptors in certain cases and of authorizing the judge to implement them even if there is no specific complainant. In such cases divine limits and rights have been violated and sometimes punishments are difficult to endure and accept. For example, the Qur’an says that in an Islamic society if an illegitimate relationship between a man and a woman is proved before the judge through the statements of four witnesses, both of them must receive a hundred lashes, and the Qur’an particularly admonishes the judge not to be influenced by emotion and have pity on them:

﴿ٱلزَّانِيَةُ وَالزَّانِي فَاجْلِدُوا كُلَّ وَاحِدٍ مِنْهُمَا مِئَةَ جَلْدَةٍ وَلاَ تَأْخُذْكُم بِهِمَا رَأْفَةٌ فِي دِينِ اللَّهِ...﴾

“As for the fornicatress and the fornicator, strike each of them a hundred lashes, and let not pity for them overcome you in Allah’s law...” 9

Undoubtedly, by implementing such a punishment the person will be disgraced, but society will acquire immunity. Regarding theft the Qur’an says:

﴿وَالسَّارِقُ وَالسَّارِقَةُ فَاقْطَعُواْ أَيْدِيَهُمَا جَزَاءً بِمَا كَسَبَا نَكَالاً مِنَ اللّهِ وَاللّهُ عَزِيزٌ حَكِيمٌ﴾

“As for the thief, man and woman, cut off their hands as a requital for what they have earned. [That is] an exemplary punishment from Allah and Allah is All-mighty, All-wise.” 10

We conclude that the Noble Qur’an mentions adjudication, enactment of rules and regulations to preserve social order and secure the interests of society, and implement thehudud andta‘zirat 11 rights of the Messenger of Allah (s ). For a fair-minded person there will remain no doubt about Islam’s involvement in sociopolitical issues if he refers to the Qur’an as well as the authentic traditions of the Prophet (s ) and the infallible Imams (‘a ). Those who stubbornly deny these truths have chosen to do so no matter what the proof.

Universality of Islam and station of Islamic ruler

Apart from clearly explaining major political issues, the rule of statecraft, enactment of laws, their adaptation to particular cases, and their implementation, the Qur’an also clearly explains secondary and minor issues such as mentioning the months of the year, for example:

﴿إِنَّ عِدَّةَ الشُّهُورِ عِندَ اللّهِ اثْنَا عَشَرَ شَهْرًا فِي كِتَابِ اللّهِ يَوْمَ خَلَقَ السَّمَاوَات وَالأَرْضَ مِنْهَا أَرْبَعَةٌ حُرُمٌ ذَلِكَ الدِّينُ الْقَيِّمُ...﴾

“Indeed the number of the months with Allah is twelve months in Allah’s Book, the day when He created the heavens and the earth. Of these, four are sacred. That is the upright religion…” 12

In the above verse, the division of the year into twelve months has been mentioned as an intrinsic and fixed affair in harmony with the system of creation. Mentioning such affairs in religion has been regarded as a symbol

of its firmness, correctness and reliability. Regarding the sighting of the crescent moon, the Qur’an also says:

﴿يَسْأَلُونَكَ عَنِ الأَهِلَّةِ قُلْ هِيَ مَوَاقِيتُ لِلنَّاسِ وَالْحَجِّ﴾

“They question you concerning the new moons. Say, ‘They are timekeeping signs for the people and [for the sake of] Hajj’...” 13

Social and devotional laws are in harmony with the system of creation. In addition, many legal laws have connected the beginning of the lunar month of Ramadhan, commencement of theHajj season and other devotional laws with the sighting of the new moon. These are because the Qur’an basically presents religion as concordant with the nature [fitrah ] and system of creation:

﴿فَأَقِمْ وَجْهَكَ لِلدِّينِ حَنِيفًا فِطْرَةَ اللَّهِ الَّتِي فَطَرَ النَّاسَ عَلَيْهَا لاَ تَبْدِيلَ لِخَلْقِ اللَّهِ﴾

“So set your heart on the religion as a people of pure faith, the origination of Allah according to which He originated mankind. There is no altering Allah’s creation...” 14

Once the divine and religious laws are divinely codified, they are unchangeable. There are also changeable laws that depend on particular circumstances of time and space. To identify and deal with these laws has been delegated to the duly competent jurist who has acquired his legitimacy and authority from God. In the Qur’an this privilege and designation has been considered for the Messenger of Allah (s ).

According to the Shi‘ah creed, the pure Imams (‘a ) who have also been indicated in the Qur’an, have the same designation, which has been passed on to thewali al-faqih , which issue will be tackled at its appropriate time. Of course, a religion may exist in the world which is concordant with the above notion and outlook, but it is not within the scope of our discussion. We are talking about a religion which is even expected to state and determine the months of the year. In the area of transactions and financial relations among people, it clearly states that if a person gives a loan to another, he must ask for a receipt from him and give the loan in the presence of two witnesses.

If it is not possible to get a receipt and find witnesses, he has to take a retained pledge or mortgage a valuable thing in lieu of the loan.15 We believe that such a religion has a program concerning politics and statecraft besides meeting the material and spiritual needs of people.

During the previous session, while rejecting that religion is only concerned with organizing the relationship between man and God, we said that religion, in its true sense, means the divine manifestation of human life. Such religion encompasses not only a portion of human life and behavior such as worship and the performance of devotional rites, but it embraces the totality of human life and the entire aspect of his existence.

He is created to organize his life in such a way that he attains eternal felicity by conforming all aspects of his life to the Divine will and commands. Thus, direct worship of God and conventional devotion are only a part of our religious duties. Our other mental and behavioral aspects of life must be in line with the will of God and they must somehow assume a form

of worship [‘ibadah ] so that the sublime and lofty goal of human creation can be realized:

﴿وَمَا خَلَقْتُ الْجِنَّ وَالْإِنسَ إِلَّا لِيَعْبُدُونِ﴾

“I did not create the jinn and humans except that they may worship Me.” 16

The purport of the verse is that the perfection of man is only possible under the aegis of worship and devotion to God. Therefore, all his movements and pauses must be within this framework. Even his breathing must be according to this program. If the life of a person acquires this divine baptism and color, and is attuned with this program, it means that he is truly religious. On the contrary, if he totally refuses to worship God, he is certainly irreligious and an infidel. Between these two frontiers, viz. the frontier of true religiosity and the frontier of infidelity, there are those, a portion of whose lives is not in conformity with the will of God and are, therefore, not truly worshipping God.

The religion of this group is surely defective. In view of the variety of religious deficiencies, it must be acknowledged that those who are truly religious and observe the divine laws in all facets of their lives, and those who observe only a portion of the laws are not on equal footing. Also, religiosity and faith has basically different levels and can grow and be perfect. As the Qur’an says:

﴿وَالَّذِينَ اهْتَدَوْا زَادَهُمْ هُدىً وَآتَاهُمْ تَقْواهُمْ﴾

“As for those who are [rightly] guided, He enhances their guidance, and invests them with their God-wariness.” 17

Elsewhere, it says:

﴿إِنَّمَا الْمُؤْمِنُونَ الَّذِينَ إِذَا ذُكِرَ اللّهُ وَجِلَتْ قُلُوبُهُمْ وَ إِذَا تُلِيَتْ عَلَيْهِمْ آيَاتُهُ زَادَتْهُمْ إِيمَانًا﴾

“The faithful are only those whose hearts tremble [with awe] when Allah is mentioned, and when His signs are recited to them, they (Allah’s signs) increase their faith. ” 18

Yes, there are those, whose faith is constantly moving toward perfection and they reach the highest level of faith and come closer to the station of theawliya’ [saints] of Allah, and even be included among theawliya’ of Allah. On the contrary, there are those who are moving backward from the station of religiosity. By listening and paying attention to the doubts spread by the foreigners and their admirers in the cultural domain of society, many abandon the religion they learned from their father, mother and teacher. This is because paying attention to the doubts will lead willy-nilly to misguidance of those who do not possess the ability to assess and study matters. In this regard, the Qur’an says:

﴿وَقَدْ نَزَّلَ عَلَيْكُمْ فِي الكِتَابِ إِذَا سَمِعْتُمْ آيَاتِ اللّهِ يُكَْفَرُ بِهَا وَيُسْتَهْزَأُ بِهَا فَلاَ تَقْعُدُوا مَعَهُمْ حَتَّى يَخُوضُواْ فِي حَدِيثٍ غَيْرِهِ إِنَّكُمْ إِذاً مِثْلُهُمْ﴾

“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.” 19

Man has to first increase his learning as well as intellectual and rational foundation and empower himself with experience, analysis and response. He may then listen to doubt and skepticism. But the person who does not have the power to deal with the doubts should not place himself in the danger of misguidance by listening to doubts. Islam does not say that you should not enter the arena of wrestling. It says that you should wrestle with an opponent of equal weight and if you want to wrestle with a heavyweight opponent, you should first increase your weight and extend your training. Islam does not say that you should not listen to others’ words and misgivings.

It rather says that the attention paid to them should commensurate with the extent of your experience, analysis and discernment. First of all, one has to acquire divine gnosis [ma‘rifah ] and learn the art of responding to doubts. Thereafter, one should discuss religion with others and listen to their statements so that they do not disarm you and impose their opinion on you.

References

1. Charles Louis de Secondat Baron de la Brede et de Montesquieu (1689-1755): French writer and jurist, who explored in depth in his The Spirit of the Laws (1748; trans. 1750) the modern idea of the separation of powers as well as the checks and balances to guarantee individual rights and freedoms. Albeit not using the term “separation”, Montesquieu outlined a three-way division of powers in England among the Parliament, the king, and the courts, though such a division did not in fact exist at the time. [Trans.]

2. Surah al-Ahzab 33:36.

3. Surah al-Ahzab 33:6.

4. Surah an-Nisa’ 4:65.

5. Wasa’il ash-Shi‘ah, vol. 27, p. 232.

6. Qisas (literally means retribution or retaliation) in the Islamic jurisprudence is to be executed against a criminal who committed such crime as murder, amputation of a body limb, or laceration and beating according to legal decree when the victim or his guardians seek retribution in lieu of receiving a fine or blood money. [Trans.]

7. In Islamic jurisprudence ta‘zirat applies to punishments the limit of which is entirely up to the judge and competent jurist. [Trans.]

8. Hudud (literally means boundaries or limits) in the Islamic law is generally applied to penal law for punishments prescribed for particular crimes whose extent is determined by law. [Trans.]

9. Surah an-Nur 24:2.

10. Surah al-Ma’idah 5:38.

11. In Islamic jurisprudence ta‘zirat applies to punishments for crimes not specified by the sacred law the limit of which is entirely up to the judge and competent jurist. [Trans.]

12. Surah at-Tawbah (or, Bara‘ah) 9:36.

13. Surah al-Baqarah 2:189.

14. Surah ar-Rum 30:30.

15. See Surah al-Baqarah 2:282-283. [Trans.]

16. Surah adh-Dhariyat 51:56.

17. Surah Muhammad 47:17.

18. Surah al-Anfal 8:2.

19. Surah an-Nisa’ 4:140.

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

Separation of religion and politics an extra-religious outlook

In propounding the separation of religion and politics, they say that they have consulted the Qur’an and are examining it through extra-religious lens. Before examining the sources of Islam and considering what the Qur’an says about politics, they pose this question: In essence, what is man’s need for religion? In what issues does he need religion to guide him? Regarding this matter, they have considered two hypotheses. The first hypothesis is that in everything and in all aspects of life man is in need of religion. Things such as the way of preparing and consuming food, the way of acquiring and building a house, the way of contracting marriage, and forming a society and government are all the same.

They ask: Should religion solve all these problems and man no longer engage in scientific research? Should we have maximum expectation from religion and consult it for all information? Whenever we want to buy clothes, we need to see what Islam says about it. Whenever we want to eat food, we have to check which food Islam suggests. Whenever we want to consult a doctor, we need to know what Islam advises. Also, we have to find out what religion says about forming a government. Their other hypothesis is that religion has limited jurisdiction and we should have minimum expectation from it. Obviously, religion has an opinion in all matters needed by man, but no religion ever claims that it provides for all the needs of man.

After finding out that religion does not teach us the methods of cooking, curing diseases, engineering, and building airplanes and ships, the distinction between the issues dealt by and not dealt by religion must be examined, and in which areas and spheres religion has been involved. They arrive at the conclusion that religion is concerned only with affairs related to the hereafter and has nothing to do with worldly affairs, and that we should have the least expectation from religion. From religion we should only search for the path of eternal salvation and the means and ways that will make us enter paradise and save us from hell. We should learn from religion how to pray, how to fast, how to perform theHajj pilgrimage, and other matters related to the hereafter.

They assume that they have solved the issue concerning the relationship between religion and politics by demarcating them and separating the jurisdiction of religion from that of politics. It has been stated that politics belongs to mundane affairs while religion is only related to the hereafter. Neither should religion interfere in the domain of politics nor should politics interfere in the domain of religion. Only knowledge and human accomplishments should interfere in politics which deals with the jurisdiction of this world and science. Fields such as physics, chemistry, biology, medicine, psychology, and sociology belong to the domain of science. Religion has nothing to do with them. Religion is only involved in matters pertaining to the hereafter.

The origin of this issue can be traced back to many centuries in the West. When there was conflict and dispute between the ecclesiastical authorities and the men of science and politics it led to wars and clashes between them

and finally to an unwritten peace. They agreed amongst themselves that religion should deal solely with otherworldly affairs and the relationship between man and God; the sole jurisdiction of mundane affairs i.e. political, social and academic, should be left to statesmen and scientists.

This happened in the West. Those who are impressed with the West suggest that such a division of labor also be done in our Islamic country. Religion should only be in the hands of religious scholars and interfere in otherworldly affairs only. Religion and the religious scholars should not meddle in worldly affairs. Politics should, therefore, be entrusted to the political scientists and statesmen, and not to thefuqaha and‘ulama’ . In this regard, many speeches are being delivered and lots of articles being written. In proving their theory, they leave no stone unturned in inculcating this notion in the minds of our youth, that the religion and politics are apart.

Unfortunately, some of those who are engaged in cultural affairs are unconsciously influenced by this notion and other cultural waves of the West. It is gradually being accepted that religion is the opposite of politics. Religion solves a part of human problems but worldly problems have nothing to do with religion. Erroneous and deviant ideas of our writers, orators and cultural figures pose serious threats to our religious culture.

Close-knit connection between this world and the hereafter

The fact of the matter is that our life is divided into this world and the hereafter. That is, we have a period of life which commences at our birth and ends at our death. Then, the second part of our life begins on entering purgatory [‘alam al-barzakh ] and facing resurrection.1 This division of life does not necessarily mean that our actions and behavior in this world shall be divided into two and viewed from two perspectives. At any rate, we are in the world of action. Religion is revealed to guide our actions in the world, through a series of commandments and ordinances.

Thus, the religious commandments are not only for after death. It is not correct to say that a portion of our fifty or sixty year-long lives is related to the hereafter while another portion is related to this world. Rather, we have nothing in this world which is not related to the hereafter. All our actions in this world automatically assume an otherworldly form. That is, our actions here may be beneficial or harmful for us in the hereafter. Since our actions affect our otherworldly lives, the religious and Islamic view is that life in the hereafter is settled in this very world:

أَلْيَوْمَ عَمَلٌ وَ لاَ حِسَابَ وَ غداً حِسَابٌ وَ لاَ عَمَلَ.

“Today is the time for action and not for reckoning while tomorrow is the time for reckoning and not for action,” 2

And

أَلدُّنْيَا مَزْرَعَةُ ٱلأْخِرَةِ.

“This world is the sowing ground for the hereafter.” 3

So, we will reap in the hereafter the fruit and product of whatever we sow in this world. It is not correct to say that our worldly life is alien to our otherworldly life; that a part of our actions are related to the life in this world while another part is related to the hereafter; and that we have two

distinct spheres of life for this world and the hereafter. Instead, all our actions in this world such as breathing, blinking, walking, sitting, rising, looking, social intercourse, speaking, listening, eating, marital relationship, and government-people relationship can be such that ensure our felicity in the hereafter, or bring harm to us. It is true that the style of cooking and consumption of food are related to this world but the same act of eating can send us to paradise, or throw us into hellfire:

﴿إِنَّ الَّذِينَ يَأْكُلُونَ أَمْوَالَ الْيَتَامَى ظُلْمًا إِنَّمَا يَأْكُلُونَ فِي بُطُونِهِمْ نَارًا وَسَيَصْلَوْنَ سَعِيرًا﴾

“Indeed those who consume the property of orphans wrongfully only ingest fire into their bellies, and soon they will enter the Blaze.” 4

Anyone who fills his stomach with the property of orphans eats food and enjoys doing so, but the food he eats will become chastisement of the hell for him. Similarly, if a person eats food for the sake of worshipping God, the same act of eating will have a spiritual reward. The same word that a person utters for the sake of pleasing God will be a tree growing in paradise for him. The Holy Prophet (s ) said to his companions: “For anyone who recitestasbihat al-arba‘ah 5 God gives him a tree that grows in paradise.” Some said: “So, we shall have many trees in paradise because we recite thisdhikr [remembrance of God] frequently.” He said, “Yes, provided that you do not kindle fire to consume them.”

Thus, once our actions are done for the sake of pleasing God, they will bring about eternal felicity and rewards, and if they are done against the order of God, they will be the cause of perdition and chastisement in hell. It is not correct to say that our lives have two distinct divisions; one of which is related to the hereafter and is spent in the mosque, church, synagogue, and temple, while another part is related to this world and to ourselves and has nothing to do with the hereafter.

As we have said, this erroneous thinking was prevalent for the past centuries in the West among the followers of certain religions and occupied the minds of many in spite of the fact that neither Islam nor any other revealed religion ever endorsed such a notion. The contention of true religion is that man is created in order to secure his own felicity or perdition, and that his eternal felicity or perdition, as the case may be, lies in his behavior in this world. If his behavior is consistent with the command of God, he will attain eternal bliss, and, if otherwise, he will incur everlasting damnation.

The “minimalist” view on the question of expectation from religion is the result of a fallacy they committed. They imagined that expecting the maximum from religion meant they would have to seek all the information about everything from religion, including the style of cooking food and building a house, which information religion could not provide, so they said that they should not expect the maximum from religion. This is fallacious because the above issue does not have only two options. It has a third option which is the correct one, and that is, we do not expect that religion to say something about everything, including the manner of eating food, wearing clothes and building a house. No one has such a claim. However, since religion has left many issues to the realm of non-religious sciences, the same

issues actually belong to the jurisdiction of religion. In this way, they acquire ideological value.

Ideological baptism of actions in this world

Once we consider the life in this world as linked to the life in the hereafter and believe that the totality of man’s actions and behavior plays a role in his perfection or downfall, it will acquire ideological value and we will give religion the right to judge each action. In simpler terms, religion informs us about the lawfulness or unlawfulness of our actions and not the manner of performing them.

Religion says that eating certain foods is unlawful [haram ] and sinful. For example, eating pork and drinking wine areharam , but to say something about the manner of making wine and breeding pig is none of the business of religion. The reason behind religious permissions and prohibitions is their positive or negative effects in the otherworldly life of man, and it states the moral value of every action.

In other words, the path of man toward perfection begins from a point toward infinity. That which is useful for our perfection and provides the ground for the spiritual advancement of man is proportionate to the degree ofwajib ,mustahabb [recommended] or at leastmubah [permissible] acts performed. The performance ofharam and, to a lower degree,makruh [abominable] acts will keep him away from his true perfection and God. So, religion does not say what food to eat or how to cook it and how to build a house.

However, it says that you should not build a house on usurped land or you should not build a house in such a way that it overlooks the house of another and invades his privacy. It also says that you should build your house withhalal income and not out of money earned through usury [riba’ ]. In reality, religion mentions the ideological manner of building a house. It also invites us to consume foods that are effective in our human and spiritual growth and avoid unlawful foods, alcoholic beverages, and narcotic drugs, which are unhealthy for us:

﴿يَا أَيُّهَا الَّذِينَ آمَنُواْ إِنَّمَا الْخَمْرُ وَالْمَيْسِرُ وَالأَنصَابُ وَالأَزْلاَمُ رِجْسٌ مِنْ عَمَلِ الشَّيْطَانِ فَاجْتَنِبُوهُ لَعَلَّكُمْ تُفْلِحُونَ ٭ إِنَّمَا يُرِيدُ الشَّيْطَانُ أَن يُوقِعَ بَيْنَكُمُ الْعَدَاوَةَ وَالْبَغْضَاء فِي الْخَمْرِ وَالْمَيْسِرِ وَيَصُدَّكُمْ عَن ذِكْرِ اللّهِ...﴾

“O you who have faith! Indeed wine, gambling, idols and the divining arrows are abominations of Satan’s doing, so avoid them, so that you may be felicitous. Indeed Satan seeks to cast enmity and hatred among you through wine and gambling, and to hinder you from the remembrance of Allah. ” 6

Hence, the permission and prohibition of religion is meant to expound the ideological value of all actions. To sum up apart from the worldly outcome of actions, religion also speaks about every action’s contribution to the doer’s admission to paradise or entrance to hell.

Radiant capability of intellect in discerning value of actions

The ideological value of action from the perspective of permissibility or prohibition is sometimes so clear and unambiguous that the human intellect can discern it well and there is no longer need for religion to state its ruling about it. In fact, the intellect alone can identify the decree of God. As such, concerning “rational independence” [mustaqillat al-‘aqliyyah ], thefuqaha have said that in some cases the intellect can independently give a judgment and know the goodness [husn ] or badness [qubh ] of actions. Through the use of the intellect, we discern that the will of God is in the performance or abandonment of an act; we discern that God is pleased or displeased with a certain act.

Our intellect understands that taking out a slice of bread from the mouth of an orphan is an abhorrent act. In this regard, there is no need to state the religious ruling of law, though sometimes, in addition to the discernment of the intellect, the Qur’an andahadith have also mentioned the religious rulings which actually confirm the judgment of the intellect. In most cases, nonetheless, the intellect does not possess the capability to understand that a certain action (depending on its being positive or negative, and how valuable) is obligatory [wajib ], prohibited [haram ], recommended [mustahabb ], abominable [makruh ], or permissible [mubah ]. It is at this point that religion has to state the type and degree of impact of a certain act on our ultimate perfection.

Jurisdiction of Religion

Once we observe the commandments of religion, we will realize that the jurisdiction of religion is not restricted to personal matters. It rather deals with social issues such as those related to family, marriage, divorce, and commerce, and states the scope ofhalal andharam and their ideological values. By stating the ideological value of those things, religion actually explains their orientation-which form will lead toward God and which will incline toward Satan. This is something which science is incapable of dealing with.

Science mentions the amount and kind of elements needed to form different things and enumerates the physical and chemical properties, but it does not state how to use things in order to secure the real success of man. In this case, religion has to judge. Therefore, just as our personal action affects our felicity or wretchedness, our action in sociopolitical affairs has greater effect.

Meanwhile, in connection with the main axis of our discussion, which is social administration, can it be said that the mode of managing society has no relation with the ultimate success or failure of man and that the people in society are free to choose whatever form and method of administering their society, and religion has nothing to do with it? Who does not know that observance of justice in society gives success to man and that justice has a very strong positive value?

In this context, even if there is no pertinent Qur’anic verse orhadith , our intellect will discern that the observance of justice contributes toward the perfection, advancement and exaltation of man. When people do not regard their intellect as sufficient to discern ideological issues in these contexts, they have to resort to the Qur’an and theSunnah . Of course, we believe that

the intellect can understand many of the ideological issues in sociopolitical affairs. This does not mean, however, that whatever the intellect understands is outside the realm of religion.

We have mentioned earlier the “discoverer” of the will of God, which expresses the divine will and wisdom and conveys to us what is pleasing to God. It makes no difference how we discover this thing. What matters is that we discovered the divine legislative will.

Sometimes, this discovery is through the agency of the Qur’an and theSunnah while, at other times, through the intellect, for these three are the proofs and discoverers of divine decrees and religious laws. As such, the intellect [‘aql ] is considered as a source of divine law. Thefuqaha regard the intellect as among the proofs in proving religious decrees and settling religious issues.

So, there is no demarcation between the intellect and religious law [shar‘ ]-some matters belong to the intellect while some others belong to religious law. Rather, the intellect is a light which, owing to its luminosity, can also discover the will and pleasure of God, and whatever can be discovered by the intellect in this regard is a religious matter.

Relationship between Religion and Government

In view of the different forms of government existing in the world, especially the so-called Islamic governments formed during the Islamic period, it cannot be said that Islam has neither a positive nor negative view on the forms of government. If we try to compare the corrupt and oppressive government of Mu‘awiyah7 and Yazid8 with the just government of the Commander of the Faithful (‘a ), can we claim that the religion of Islam treats the two equally and does not make any distinction between the government of ‘Ali (‘a ) and that of Mu‘awiyah?!

Can it be said that everybody is free to choose any form and system of government he likes, and religion cannot interfere; that the performance of neither the government of ‘Ali (‘a ) nor that of Mu‘awiyah has any effect on the ultimate fate of man because the form of government is related to politics and this world and has nothing to do with religion?! Could any reasonable person accept such a contention? Can it be said that the two types of government are equal in the sight of religion and that religion neither recommends nor discourages any of them?

The fact of the matter is that involvement in sociopolitical affairs is among the most evident areas in which religion must get involved. Religion has to explain the appropriate structure of government. Religion has to explain that the ruler has to think about the deprived and the downtrodden as well as about the consolidation of the pillars of his rule from the very beginning of his assumption of office.

Thus, the station of sociopolitical issues in religion, especially in Islam, is clear and eminent. One cannot consider them outside the jurisdiction of religion and believe that they have no effect in the felicity and wretchedness of people. Assuming that the hereafter, the Reckoning, the book of account, reward and punishment really exist, can it be said that the behavior of Mu‘awiyah, Yazid and the like has no effect on them?! Of course, even if some of our Sunni brothers have not yet resolved the issue of Mu‘awiyah’s

uprightness, there are many tyrants and oppressors who have blackened the pages of history.

Can it be said that these tyrannical rulers are ideologically on the same footing as the just rulers? Today, are those who are butchering and bombing innocent women and children equal to those who are totally in the service of the deprived and the oppressed, and will live together in paradise? Which religion or nation supports this view? How then can sociopolitical issues be considered as outside the realm of religion? If religion were supposed to give its opinion about reward and punishment,halal andharam , positive and negative values, then sociopolitical issues are the most important issues about which religion must give its opinion.

Based on what has been stated, the scheme on the basis of which religious issues are separate from that of the world and religious issues are just related to God and the hereafter and are outside the realm of worldly affairs, is totally erroneous and inadmissible, and in no way consistent with Islam. The worldview presented by Islam and the life to which it invites us are repugnant to this way of thinking. This is not to mention the fact that those who are uttering such words essentially believe in neither God nor the Day of Resurrection. They are doing so with the aim of expelling religion from the scene. But we have nothing to do with their personal conviction.

Our only point is that separating mundane affairs and temporal issues from the jurisdiction of religion will lead to the denial of Islam and has no other outcome. As we have said, every action contributes to our felicity or wretchedness, as the case may be. So, we have to acknowledge that religion can give its opinion on all matters in our lives and state their ideological value. As the Prophet (s ) said:

مَا مِنْ شَىءٍ يقرّبكم إلىٰ الْجَنَّة وَ يباعدكم عَنِ النَّار إلاَّ وَقَدْ أمرتكم به و مَا مِنْ شَىءٍ يقرّبكم مِنَ النَّار وَ يباعدكم من الْجَنَّة إلاَّ وَقَدْ نَهَيْتَكُم عَنْهُ.

“There is nothing that would draw you toward paradise and keep you away from hell except that I commanded you and there is nothing that would draw you toward hell and keep you away from paradise except that I prohibited you.” 9

In the Islamic perspective, felicity without paradise has no meaning and wretchedness without being thrown into hellfire simply does not exist:

﴿فَأَمَّا الَّذِينَ شَقُواْ فَفِي النَّارِ... وَأَمَّا الَّذِينَ سُعِدُواْ فَفِي الْجَنَّةِ﴾

“As for the wretched, they shall be in the Fire … And as for the happy, they shall be in Paradise .” 10

Universality of Religion

In view of the statement of the Prophet (s ), the other assumption is refuted, and to say that it is true that religion can state the value of actions and say what ishalal andharam but it was the Prophet (s ) himself who stated the values of some actions while some were delegated to the people, i.e., he stated whatever was related to his own time, delegating the rest to the people to identify what ishalal and what isharam according to the circumstances of their time.

This statement means that the Prophet (s ) did not state all that would give us felicity. This is what he said: “There is nothing that will ensure your felicity except that I have stated it.” Of course, this statement does not mean that he has stated all the minute details. He has rather stated the general rulings, so that, in all times after him, those who have authority can deduce from them specific laws; what ishalal andharam according to the evidence, and present them as primary and secondary rulings or government decrees.

Undoubtedly, to identify the specific laws and evidence, which is called religious edict [fatwa’ ], is in accordance with the general principles mentioned in the Qur’an, theSunnah of the Messenger of Allah (s ) and sayings of the infallible Imams (‘a ).

Introduction

بِسْمِ اللَّهِ الرَّحْمَٰنِ الرَّحِيمِ

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

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

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

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

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

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

The forms of government and the existence of fundamental differences in the structure and approach of grand administrative systems of societies are based on different epistemological systems, various worldviews and their concept of human beings. If a human being is considered as a mere physical body, the ultimate aspirations for him would be to be well provided materially and his welfare, comfort and happiness be ensured. From this perspective, all efforts would be directed toward animal needs and pleasure.

However, if we treat man as superior to materiality, and lay the foundation of a political system based on the multi-faceted material and spiritual dimensions of human existence, a government would pursue man’s material welfare and spiritual ascension. It is through this criterion and outlook on man and the choice of ideals that we shall examine the political thoughts as well as the performance of governments; because the origin of political thoughts is the very insight and ideal and without them political thoughts have no essence.

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

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

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

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

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

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

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

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

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

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

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

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

Imam Khomeini Educational and Research Institute
Tir 26, 1378 AHS (July 17, 1999)

References

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

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

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

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

Introduction

undoubtedly, one of the achievements of our Revolution and political system is the Friday congregational prayer [salat al-jum‘ah ], which has innumerable blessings for the Islamicummah . Among its secondary benefits is the communication of necessary teachings and information to the people during the two sermons and the lectures before or between the sermons in different cities and towns. Throughout the years after the Revolution, scholars and orators have presented to the Friday prayer congregation, and the rest of people through the media, valuable information on belief, education, economic issues and other academic needs.

I also have the honor of lecturing on the subject, “Monotheism in the Ideological and Value System of Islam” whose transcription has been published as a book and offered to esteemed readers.1 On the insistence of my colleagues, I am here to deliver a series of lectures on “Islamic Political Theory”. I hope that God, the Exalted, helps me in this important task and inspires me with that which is pleasing to Him and beneficial for the Islamicummah , so that I might eloquently convey the same to this martyr-rearing and honorable nation.

The subject of our discussions is comprehensive and broad in nature, covering many topics on different levels and in various forms-ranging from the easy and simple to the profound and academic. Of course, from the beginning of the movement of the eminent Imam (q ), i.e. 1341 AHS (1962), up to now, these discussions have been presented in different forms. Articles and books have been written, speeches delivered and talks held. Yet, only a few systematic discussions beneficial for the average person, responsive to the needs of the youth and various strata of people have been undertaken. Thanks to Allah, our nation occupies an eminent cultural position. In recent years especially, it has improved and progressed considerably, understanding many profound and complex issues very well.

Nevertheless, the scientific and technical language is confined to the academic centers, universities and seminaries. The language of conversation with the masses must be devoid of scientific and complicated terminology so that a majority of people can benefit from the discussions. Of course, it must be noted that a discussion under the title, “The Political Philosophy of Islam” can be so extensive that it cannot be covered even in a hundred sessions. As such, considering our time constraint and the sessions taken into account, we have no option but to choose topics for discussion which are needed by society and in connection with which questions and doubts have been raised.

Since the topic “The Political Philosophy of Islam” consists of three terms, each of them could be studied and examined separately. “Political philosophy” has numerous equivalent terms such as “the philosophy of political science” and “political philosophy vis-à-vis political science”. However, in brief, what we mean by “political philosophy” in these discussions is the elucidation of the Islamic theory on government and

politics that is based on specific principles, and the Islamic philosophy of the Islamic government can only be explained and justified according to these principles.

Islam and Political Theorizing

Once we say that Islam has a particular point of view about politics and governance founded on principles acceptable to Islam, this question is posed: Must religion have a particular viewpoint about politics and government for which Islam has to present a political theory? This is the same serious and known question which has been posed for centuries in various countries and societies. In our country this question has also been raised since the time of the Constitutional Movement2 onward and many discussions have been conducted along with it.

Of course, the statements of the late Imam (‘a ) and the famous slogan of the late Martyr Mudarris3-“Our religion is our politics and our politics is our religion”-played a role in fortifying our political thought, and this question has already been answered for our people. However, to elucidate the political theory of Islam and the manner of involvement of religion in politics requires in-depth study and discussion.

In Western culture, religion is not comprehensive in nature; it is defined in a manner that does not encompass the domain of sociopolitical issues; it only bespeaks of the relationship between man and God, and depicts the personal and individual communion of the former with the latter. Accordingly, sociopolitical and international issues, state-people relationship and international relations are beyond the domain of the relationship between man and God, and are therefore alien to religion. On the contrary, according to Islam, religion is universal in nature; encompassing all individual and social issues of man, including man’s relationship with God and his fellow creatures; and all domains of sociopolitical and international issues.

The reason for this is that according to Islam, God is the Ruler of the world and mankind. Thus, the political, economic, educational, and administrative spheres and other issues related to the life of man are within the totality of the laws and values of religion.

Islamic Political Theory being “founded” by Islam

After accepting that Islam has a viewpoint about governance and politics and attributing a specific theory about it to Islam, some questions regarding the nature of this theory can be raised. Is this political theory of Islam initiated, i.e. “founded” [ta’sisi ] by Islam, or something just approved and emulated by Islam? In other words, has Islam itself initiated this theory and presented it as a theory revealed by God like religious ordinances, “sent down by Allah”? Or, has Islam only approved a theory in this context?

Replying to the above question, we have certain cases where the conduct and behavior of certain men of wisdom has been approved by Islam. Technically, Islam’s approval here is called “approval of the way of the wise”. For example, there are transactions which people undertake-including buying and selling, renting, trading and others which are recognized as rational behavior conceived by the people and approved by religious law.

We need to know whether men of wisdom have compiled their views on governance and politics which Islam has approved and affirmed, or, presented and advanced its own theory formulated on divinely ordained Islamic rules vis-à-vis other theories and views. In reality, Islam has initiated and founded a theory in relation to politics and governance with a set of sociopolitical principles and modes of application, and not merely approved and affirmed the views and opinions of the wise.

Those who are familiar with the various problems related to government and political philosophy know that there are different opinions in this regard. One of them is called “theocracy”, which means “divine rule”. This theory was utilized during the Middle Ages in Europe by the Church. The Church, Roman Catholic in particular, claimed that it was ruling the people through authority granted by God. On the contrary, some Christian sects held that the religion of Hadhrat ‘Isa (Jesus Christ) (‘a ) had nothing whatsoever to do with political issues, and so they advocated the separation of church from state.

However, the Catholic establishment, in particular during the Middle Ages, was a proponent of the involvement of religion in politics and governance, regarding the government as rightfully belonging to the Papacy. They believed that the Church had been given the authority by God to rule over people according to divine ordainment, while the people were duty-bound to obey the orders of the Pope as authorized by God. This form of government was called “theocratic government”.

When it is said that except the governments established by people, dose Islam have a particular theory and point of view and when it proposes the divine government, does the Islamic government mean the same “theocratic government” established in the West, and does “divine rule” also mean the same?

Has God granted extensive prerogatives to the ruler to rule over people however he likes, and are people obliged to act upon his will and desire? According to the divine rule and guardianship of Islam, Islamic political thought, and, the theory ofwilayah al-faqih , can the jurist-guardian [wali al-faqih ] rule over people in whatever way he likes? Does he have the right to propose and implement any law and decree according to his opinion? Are people obliged to act upon his orders? This is a very serious question which requires proper study and analysis so as to avoid misunderstanding and misinterpretation.

In brief, the reply to the above question is that the divine rule we believe in and Western theocracy are poles apart. It is hereby repeated that divine rule according to Islam is not the same theocratic government which Christianity, Catholicism in particular, held as granted to God and the ecclesiastical authorities.

Most of political theorists divide governments into two types, viz. dictatorial and democratic each of which has different variation. The first type refers to a government in which the ruler interferes in all affairs whenever he wishes; authoritatively orders; resorts to various means based on terror, violence and military force in order to exact obedience from the people. Opposed to this type of government is the democratic government,

which is formed according to the will and approval of the people. People choose rulers of their own freewill, while rulers are duty-bound to act upon the will and desire of the people. In fact, their legitimacy emanates from the will and desire of the people.

The Nature and Essentials of Islamic Government

Those who have accepted the above classification by the West and believe that governments are classified only into two-either dictatorial, or democratic and popular, ask: Is the Islamic government dictatorial? Does he who attains power, e.g. in our time thewali al-faqih , impose his authority on the people by force and rule according to his whims and caprice? Or, is it the democratic government of the West which is the opposite of dictatorship? Or, is it a third form of government?

According to the twofold classifications that have been accepted, the Islamic government is one of the two above mentioned types which is either dictatorial or popular. In case it is a popular government, it has to follow the same methods and ways existing and acted upon in Western countries and democratic governments. Or, it is not an Islamic, popular government and it is dictatorial and is based on the desire and will of an individual, and there is no third option. It is expedient for us to answer this important question and declare whether the Islamic government is dictatorial, akin to Western democracy, or follows a third option.

Among the questions being raised are the following: What are the preliminaries and main pillars of the Islamic government? Which elements must be preserved and observed in ruling and managing society so as to actually realize the Islamic government? Those who are familiar with our culture and jurisprudence know, for example, that there are some essentials of prayer which if abandoned intentionally or unintentionally, invalidate the prayer, for, without them, the essence and identity of prayer cannot be realized.

The Islamic government is also founded on certain pillars. In the presence of those pillars and columns, we call a government “Islamic”. If there is some defect or deficiency in those pillars and columns, the Islamic government will not be realized. Now, in view of the vital role of these pillars and columns, it is necessary for us to be aware of them, because unless we recognize the criterion and basis of the Islamic nature of government will be not be able to distinguish the form and nature of an Islamic government from non-Islamic governments. It is therefore necessary to answer to this serious question.

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

Another question raised is: Has Islam determined a specific form of government? As you are aware, there are many forms of government extant today, e.g. absolute and constitutional monarchy, presidential and parliamentary republic, and theocracy.

Has Islam accepted one of these forms, determined a specific form of government which is different from the abovementioned forms, not determined a specific form, or only determined a set of values and criteria of

government which must be observed anytime and in every form of government? Islam has ordained that a government must observe justice, but the form observed depends upon the circumstances of time and space. Islam is not concerned with a specific form, as the proper form of government, according to Islam, depends on the observance of the criteria.

Assuming that Islam has determined a specific form of government, is this form of government according to Islam fixed and unchangeable, or a form which is more or less changeable? These kinds of questions are raised in relation to the form of Islamic government which must not remain unanswered.

Another question which is posed in connection with the philosophy of government is: What are the prerogatives and responsibilities of the ruling body or the ruler, in the Islamic government? Governments differ from one another in terms of prerogatives and responsibilities. In some governments, the prerogatives and duties of the government are limited. The government is only obliged to perform certain functions. The overall function of preserving the system is delegated to the government while other functions are given to the people.

In some forms of government, however, the government has vast prerogatives and equally heavy responsibilities. It assumes important responsibilities which it has to discharge. It can neither delegate them to the people nor shirk its duties because it is the people’s right to demand the performance of those responsibilities and duties from the government. It must be clarified that in the political philosophy of Islam, what prerogatives and duties dose Islam have set for the government. Undoubtedly, the performance and duties must be proportionate and balanced. It is not correct to delegate a duty to a person without providing him the necessary grounds to discharge the duty. So, the next question is: What duties and prerogatives does the Islamic government have?

The role of people in Islamic government and some other questions

Among the very serious questions which are raised today in society and periodicals is this: What is the role of the people in the Islamic government and what are their duties and prerogatives? Finally: What was the form and structure of the government during the early period of Islam, such as the time of the Holy Prophet (s ),4 the time of the Commander of the Faithful (‘a ) and the initial part of Imam Hasan al-Mujtaba’s (‘a ) time? Similarly, to what extent were the governments of the Umayyads and the ‘Abbasids that ruled over Muslim territories Islamic; and, which of the abovementioned governments we can present as the Islamic government? How has the formative course of Islamic governments throughout history led to this form of Islamic government, which finally materialized in Iran by the blessings of the Islamic Revolution?

Of course, alongside the aforesaid questions, secondary questions are also raised, some of which are as follows: Is our government one hundred percent Islamic, and does it fulfill all Islamic standards and essentials of an Islamic government? In case this government possesses all the essentials of

an Islamic government, has it discharged all its duties, fulfilled its mission and faithfully observed all values? Finally, what are the defects and deficiencies of this government?

Methodology of discussing Islamic political theory

Before answering questions, clarifying doubts and discussing the political philosophy of Islam, it is necessary to state which mode and method we shall choose to examine and tackle the subject. Technically speaking, what shall be the methodology of this discussion? Since this discussion is introductory in nature it must be addressed at the outset. Will the method of our discussion be intellectual [ta‘aqquli ] with us offering rational foundations and proofs to elucidate the Islamic theory?

Or, will the method of discussion be purely devotional [ta‘abbudi ] and narrative [naqli ]? In other words, shall the presentation of the structure, principles and policies of the government be based on a set of religious accounts, Qur’anic verses and traditions [ahadith ]? Or, is Islamic polity also basically a trial-and-error phenomenon whose correctness or otherwise must be examined in the practical experience? Our method of discussion will be an empirical one and the criterion of judgment and opinion will be the experience of Islamic governments.

Since our discussion has rational and intellectual dimensions, its method and manner can be divided into two, viz. (1) polemical method [shiveh-ye jadali ], and (2) evidential method [shiveh-ye burhani ]. Once we want to examine an issue from a rational point of view, we agree upon a set of preliminary principles and discuss it on the basis of the same commonly accepted principles so as to solve the issue.

On the contrary, in the evidential method all the preliminary points are utilized in the argument so that the discussion is based on original cases, certainties and axioms for which firm argument and solid proof are established. Undoubtedly, to choose this method will prolong the discussion. For example, if we try to prove the need to observe justice in an Islamic government by using the evidential method, we will begin by explaining the essence of justice, which will instantly be followed by a long list of questions: How will justice be implemented? Is justice reconcilable with freedom or not? Who is supposed to determine the criterion of justice? Should the criterion of justice be determined by God or the people’s intellect?

After addressing the above questions, it will be asked: In these cases, to what extent does the intellect have the right to judge? Are the judgments of the intellect relative or absolute? The discussion will continue in this manner until finally the primary principles and epistemological issues will also be raised which will need settling, too. For example, what in essence is intellect? What is its approach and indication? In what method does the intellect make inference? To what extent are justice and its decree credible? Naturally, if we want to address all these issues as well as primary issues, we have to discuss and examine an array of different sciences.

The evidential method of discussion is honorable, certain and respectable, but as we have said, in applying it many issues pertaining to numerous sciences must be referred to. In addition to the fact that only a few

individuals are well-informed of a set of sciences, and experts in every field can master only a set of limited information, it is an onerous task and many years would be spent in examining each of these issues via this method. In examining and explaining our subjects also, choosing the evidential method in all cases and following up each of the issues until we arrive at the axiomatic foundations and principles, will not be possible within the limited time we have.

As such, we shall resort to the evidential method only in cases where it is possible to present simple, uncomplicated and less extensive proofs, and employ the polemical method in other cases. The polemical method is the most appropriate method and in reality it is the shortest way to obtain results. It is a general and comprehensive method to convince others. In some places of the Qur’an, God, the Exalted, has resorted to it in convincing the enemy by presenting His firm and solid proofs, and He has also invited us to talk and dispute with others by using the same method:

﴿ٱدْعُ إِلِىٰ سَبِيلِ رَبِّكَ بِالْحِكْمَةِ وَالْمَوْعِظَةِ الْحَسَنَةِ وَجَادِلْهُم بِالَّتِي هِيَ أَحْسَنُ﴾

“Invite to the way of your Lord with wisdom and good advice and dispute with them in a manner that is best. ” 5

References

1. Muhammad Taqi Misbah Yazdi, At-Tawhid or Monotheism in the Ideological and Value Systems of Islam, trans. N. Tawhidi (Tehran: Islamic Propagation Organization, n.d.). [Trans.]

2. Instigated by a proclamation issued by two religious authorities (Ayatullah al-‘Uzma Muhammad Kazim Khurasani and Ayatullah al-‘Uzma ‘Abd Allah Mazandarani) which reads, “The constitution of each country limits and conditions the will of the ruler and the offices of government so that the divine ordinances and common laws based on the official religion of the country are not transgressed,” what has become known as the Constitutional Movement, Constitutional Revolution or simply Constitutionalism (1905-11) took place due to the chaotic situation in Iran at the end of the nineteenth century and the beginning of the twentieth century, the popular protest over the tyranny of the governors and agents of the dictatorial regime and the unruly officials of the government, the weakness and ineptitude of the then king Muzaffariddin Shah, and finally the rising awareness among the people and revolt of the clerics and ‘ulama’. Years of struggle by the people culminated in the victory of the Constitutional Revolution in 1906. [Trans.]

3. Sayyid Hasan Mudarris (1859-1938) was one of the greatest religious and political figures in the recent history of Iran. He received his elementary education in Isfahan and then traveled to the cities of the holy shrines (in Iraq) where he received further education from prominent scholars and after attaining the level of ijtihad, he returned to Isfahan and began teaching Islamic jurisprudence [fiqh] and its principles [usul]. In 1909, at the time of the Second National Assembly, he entered Parliament having been chosen by the maraji‘ at-taqlid and the ‘ulama’ of Najaf as one of the five mujtahids who were to oversee the law-making procedures. At the time of the Third National Assembly, he was chosen as a Member of Parliament. When Rida Khan carried out his coup d’état, Mudarris was arrested and sent into exile, but after being freed he was again chosen by the people and again entered the Parliament. In the Fourth National Assembly, he headed the opposition majority against Rida Khan. At the time of the Fifth and Sixth National Assemblies, he opposed the proposal for the establishment of a republic, which Rida Khan was in favor of, to replace the constitutional government, and he dissuaded the Parliament from approving it. He was resolute in his stand against the stubborn Rida Khan, such that the Shah hired an assassin to kill him and when he escaped the attempt, he sent him first into exile in the remote town of Khaf near the Afghan border, and later in Kashmar, where eleven years later in Ramadan 1938, the agents of the Shah poisoned him. In this way, one of the greatest political and religious personalities of Iran was martyred in the way of Allah. Mudarris possessed outstanding qualities, and even though he was a man of great political and religious influence, he led a very simple life. [Trans.]

4. The abbreviation, “s”, stands for the Arabic invocative phrase, sallallahu ‘alayhi wa alihi wa sallam [may God’s salutation and peace be upon him and his progeny], which is used after the name of the Holy Prophet Muhammad (s). [Trans.]

5. Surah an-Nahl 16:125. In this volume, the translation of Qur’anic passages is adapted from Sayyid ‘Ali Quli Qara’i, The Qur’an with a Phrase-by-Phrase English Translation (London: Islamic College for Advanced Studies Press, 2004). [Trans.]