Islamic Political Theory (Legislation): Volume 1

Islamic Political Theory (Legislation): Volume 10%

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

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

Author: Ayatullah Muhammad Taqi Misbah Yazdi
Translator: Mansoor L. Limba
Publisher: Ahlul Bayt World Assembly
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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


This book is taken from www.al-islam.org and edited and put in several formats.
 

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 ).