Alhassanain(p) Network for Heritage and Islamic Thought

Islamic Political Theory (Legislation): Volume 2

The second of two volumes of the renowned and comprehensive text on Islamic political theory by Ayatullah Misbah Yazdi, dealing with the importance of recognizing Islam as the basis of any just political theory, methods of implementing such a theory by the government, and comparing and contrasting this Islamic system with the system predominant in most Western ans secular nations.

Author(s): Ayatullah Muhammad Taqi Misbah Yazdi

Translator(s): Mansoor L. Limba

Publisher(s):  Ahlul Bayt World Assembly

Table of Contents

Preface 7

Introduction. 9

Referernces 12

Session 24: Grand Strategies in the Realm of Governance and Implementation (Part 1) 13

The exigency of government 13

Different approaches on objectives of executive power 13

Aim of prophets (‘a) in establishing government 15

Impact of social challenges on conduct of liberal system. 16

Reason behind individuals’ inclination towards liberalism. 17

A perspective on the structure of Islamic government and state 18

The government must be accepted by the people 19

References 21

Session 25:Grand Strategies in the Realm of Governance and Implementation (Part 2) 22

Government as perpetually needed by human society. 22

Need for government according to Islam and the Qur’an. 22

The exigency and source of power 24

Administrators must be God-wary and morally sound. 25

An examination of the legitimacy of government in political philosophy. 25

Difference between Islamic and liberal perspectives on legitimacy. 27

References 30

Session 26: Special Functions of State and Islamic Perspective on Public Participation  31

Exclusive functions of state 31

Dual structure of functions of state 33

Need for organizations dealing with low-income strata of society. 34

The Islamic paving of ground for public participation. 35

Factors undermining public participation. 35

Status of civil society in Islam. 36

New ways of opposing Islamic criteria for selection. 37

Need to preserve Islamic values and principles and counter enemy plots 38

References 40

Session 27: A Perspective on the Distinctive Structure of the Islamic State 41

Fundamental difference between government in Islamic and secular systems 41

Presentation of a secular state model by those enamored by Western culture 41

State’s mission to preserve and promote Islamic mottos 42

Methods employed by the state to fulfill its responsibilities 42

Model of totalitarian and liberal states 43

Islam’s idealistic and realistic perspective on state 45

Defects of a state’s centralized system. 47

References 49

Session 28: Observance of Values and Legitimate Freedom in an Islamic State 50

A glance at the state’s raison d’être 50

First principle of human conduct 51

Islam’s instructive approach in enacting penal and criminal laws 53

The state’s fixed and alterable duties 54

Difference in manner of implementing laws between Islamic and other states 55

References 58

Session 29: The Political Hierarchy in the Islamic State 59

Specific duties of an Islamic government 59

Qualifications of Islamic state officials 59

1. Knowledge of law. 60

2. Moral excellence 60

3. Managerial skill and experience 61

Necessity of determining origin of statesmen’s qualifications 61

Rejecting the value-laden approach of Kant in the realm of behavior 61

Islam’s non-judgmental approach in value-giving and assigning duties 63

Worship has different degrees of value 63

Categorized models of Islamic government 65

Rational proof of the wilayah al-faqih system. 66

References 68

Session 30: The Connection between the Absolute Guardianship of the Jurist and the Islamic Government Establishment 69

Balance between prerogatives and duties in the Islamic state 69

Connection between absolute guardianship (wilayat-e mutlaq) and government prerogatives 69

People’s skepticism on absolute guardianship. 70

Investigating the structure of Islamic government 71

1. The extensiveness and irrevocability of Islamic laws 71

2. Presentation of government models derived from Islam. 72

Precedence of the notion of “state within a state” in Islam. 73

Imam Khomeini’s presentation of “absolute guardianship of the jurist” 74

Description of wilayat al-faqih in the maqbulah of ‘Umar ibn Hanzalah’ 76

Islam’s view on separation of powers 78

Grounds for overlapping of functions 79

References 81

Session 31: An Examination and Criticism of the Theory of Separation of Powers 82

Historical trend leading to the theory of separation of powers 82

Reasons behind the separation of powers 82

The impossibility of totally separating and delineating the powers 83

Need for an institution that coordinates and supervises the three powers 85

Wilayah al-faqih as the unifying axis of society and the political system. 86

Session 32: The Exigency of Elucidating the Ideological Position of the Islamic System   89

Different levels of understanding the Islamic government 89

1. General understanding. 89

2. Specialized and technical understanding. 90

3. Average understanding. 90

A review of the characteristics of law and its necessity. 91

Another review of the qualities of the implementers of Islamic laws 92

Theoretical connection of Islamic government with ideological principles and foundations 93

Logical and rational basis of Islamic government’s linear degrees 94

Presenting some questions regarding Islamic government 95

References 97

Session 33: Islam and Different Forms of Government 98

Skepticism on Islam’s alleged lack of government planning and program. 98

Refuting the abovementioned skepticism and stating the Islamic viewpoint on the form of government 99

The impossibility of presenting a fixed government structure 100

Skepticism on alleged temporal and worldly nature of government and obsoleteness of Islamic laws 101

Refutation of the above and the connection between Islam’s immutable and alterable laws 102

Divine laws’ jurisdiction encompasses all spheres of human activities 105

References 108

Session 34: The Position of Islamic Laws and Our System’s Superiority over Other Systems 109

Connection of the immutable laws of Islam with government structure and alterable laws 109

Primary and secondary laws and the secondary laws’ alleged conflict with Islam  110

Shortcomings of the democratic systems 112

Exigency of the powers’ coordinating agency. 113

The coordination of powers in the wilayah al-faqih system. 114

The wilayah al-faqih system’s superiority over other systems 114

1. Internal cohesion. 115

2. Internal and external executive guarantee 115

3. The Leader possessing the highest degree of piety and merit 117

4. Observance of the spiritual and real interests of human beings 118

Session 35: The Connection between Freedom, State and Laws 121

The alleged incompatibility of an appointed ruler with freedom and democracy  121

Examining intrinsic freedom and negating the theory of predetermination. 121

No contradiction between the internally value-oriented system and freedom. 122

The connection between religious, obligations and freedom. 124

The connection of hudud and ta‘zirat with freedom. 126

The existence of state and laws negates absolute freedom. 127

The exigency of linking sovereignty with Allah. 128

References 132

Session 36: Need for Decisiveness in Implementing Islamic Ordinances 133

Social impact of human action and the necessity of government 133

The legitimate source of government and the enigmas of democracy. 134

1. First objection. 134

2. Second objection. 135

3. Third objection. 135

The government’s legitimacy in Islam. 136

The prophets and their way of guiding people 136

The need to remove obstacles along the way of guidance 137

The necessity of preserving divine values and negating Western values 139

Decisiveness in implementing laws and struggling against enemies of the system  140

Warning people against conspirators and mercenaries 142

References 144

Session 37: A Scrutiny of the Issue of Violence 145

The enemies’ sinister propaganda and activities against Islam. 145

The West and its pretentious defense of human rights 146

Resorting to violence and plotting to topple down the Islamic system. 147

Paving the ground for the absence of people from the scene 147

The exigency of confronting cultural conspiracies and misgivings about religious sanctities 149

Islam’s description of God’s mercy and wrath. 151

The necessity of confronting enemies and hypocrites, and eliminating impediments to guidance 152

Opposition to the penal and criminal laws of Islam. 154

Violent measures not confined to the domain of penal and criminal laws 155

Islam and the need to answer all academic objections under all circumstances 157

Confronting the conspiracies and reaction of foreigners 158

The Qur’an and the need to repudiate and be inimical to its enemies 159

References 161

Session 38: Confrontation of Western Ideas and Beliefs’ with Islamic Laws 162

The Constitutional Movement and propagation of Western values 162

Some writers’ displeasure at the presentation of ideal freedom in Islam. 163

Islamic decree on enemy combatants and agents of corruption on earth. 163

The consequences of the lack of decisive step against conspirators 164

Irresponsible stances against the issue of violence 166

An examination of the synonym of the word “violence” in the Qur’an. 166

The Western and Islamic concept of tolerance 167

References 170

Session 39: An Investigation of the Relativity of Values and Religious Narratives 171

Religion as absolute or relative 171

Three approaches to the relativity of knowledge 171

1. First approach to the relativity of knowledge 172

Reference 174

2. Second approach to the relativity of knowledge (relativity of values) 175

References 180

3. Third approach to the relativity of knowledge (relativity of religious knowledge) 181

References 185

Session 40: Religious Knowledge: Fiction or True Reflection?. 186

The status of realistic and unrealistic languages 186

The motive of introducing the language of religion as symbolic and unrealistic 187

Westernized intellectuals, the promoters of the theory of relativity of religion  188

Eclectic understanding of the story of Habil and Qabil 189

The presentation of an ambiguous image of religion. 191

Comparing the Qur’an with the language of poetry as a justification of pluralist interpretations 192

The plurality of interpretations and trends of knowledge in hermeneutics 194

Words and the possibility of their arriving at different truths 195

The possibility of acquiring absolute and real knowledge of the Qur’an. 196

The relativists’ unfounded claim of Qur’anic language being unreal 197

Imam ‘Ali’s (‘a) expression of concern over cultural confusion and the distortion of religion  198

The necessity of removing personal preferences from the domain of religion  201

References 203

Preface

قَالَ رَسُولُ اللهِ. ص:

إنِّي تَارِكٌ فِيكُمُ الثَّقَلَيْنِ: كِتَابَ اللهِ وَعِتْرَتِي أهْلَ بَيْتِي، مَا إنْ تَمَسَّكْتُمْ بِهِمَا لَنْ تَضِلُّوا بَعْدِي أبَداً، وَإنَّهُمَا لَنْ يَفْتَرِقَا حَتَّى يَرِدَا عَلَيَّ الْحَوْضَ.

The Messenger of Allah (s ) said:

“Verily, I am leaving among you two precious things [Thaqalayn ]: The Book of Allah and my progeny [ ‘itrah ], the members of my Household [ Ahl al-Bayt ]. If you hold fast to them, you shall never go astray. These two will never separate from each other until they meet me at the Pond [ hawd ] (of Kawthar ).”

Some of its references :

Al­Hakim an­Nayshaburi,Al­Mustadrak ‘ala al-Sahihayn (Beirut), vol. 3, pp. 109-110, 148, 533.

Muslim,As-Sahih , (English translation), book 31,hadiths 5920-3.

At­Tirmidhi,As-Sahih , vol. 5, pp. 621-2,hadiths 3786, 3788; vol. 2, p. 219.

An-Nassa’i,Khasa’is ‘Ali ibn Abi Talib ,hadith 79.

Ahmad ibn Hanbal,Al-Musnad , vol. 3, pp. 14, 17, 26; vol. 3, pp. 26, 59; vol. 4, p. 371; vol. 5, pp. 181-182, 189-190.

Ibn al­Athir,Jami ‘al­Usul , vol. 1, p. 277.

Ibn Kathir,Al­Bidayah wa’n­Nihayah , vol. 5, p. 209.

Ibn Kathir,Tafsir al-Qur’an al-‘Azim , vol. 6, p. 199.

Nasir ad-Din al-Albani,Silsilat al-Ahadith as-Sahihah (Kuwait: Ad-Dar as-Salafiyyah), vol. 4, pp. 355-358.

بِسْمِ اللَّهِ الرَّحْمَٰنِ الرَّحِيمِ

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

The preservation of the precious legacy left behind by the Holy Prophet’s Household [Ahl al-Bayt ] (may peace be upon them all) by their followers from the menace of extinction is exemplified by an all-encompassing school [maktab ], which covers all the different branches of Islamic knowledge and trains sincere seekers of the truth. It has on its list of scholars many talented personalities who have benefited from this immense wealth of knowledge. This school has presented scholars to the Muslimummah who, by following the Holy Prophet’s Household (‘a ), have been granted the authority to remove doubts and skepticism encountered by various creeds and intellectual trends both inside and outside Muslim society, and have throughout the past centuries, presented the firmest answers and solutions to these doubts.

Anchored in the responsibilities it is shouldering, the Ahl al-Bayt (‘a ) World Assembly has embarked upon defending the sanctity ofrisalah [apostleship] and its authentic beliefs-truths which have always been opposed by chiefs and leaders of anti-Islamic sects, religions and trends. The Assembly regards itself as a follower of the upright pupils of the Ahl al-Bayt’s (‘a ) school-those who have always, based on the expediencies of

time and space, logically refuted all accusations and been foremost in their efforts to clarify all misunderstandings.

The empirical knowledge preserved in their books (of the scholars of the Ahl al-Bayt’s (‘a ) school) is unique because it is based upon intellect and reasoning, devoid of any iota of blind prejudice, whims or caprice. It addresses experts, scholars and thinkers in a manner that is acceptable to a healthy human mind [fitrah ].

In order to disseminate the truth, the Ahl al-Bayt (‘a ) World Assembly has included this valuable knowledge within the framework of research and writing of contemporary Shiah writers or those who, through divine guidance, embrace this noble school.

This Assembly is also engaged in the study and publication of valuable works of pious predecessors and outstanding Shi‘ah personalities so that seekers of truth can quench their thirst from this refreshing fountain of knowledge offered by the Holy Prophet’s Household (‘a ) as a gift to the entire world.

It is hoped that our readers do not deprive the Ahl al-Bayt (‘a ) World Assembly of their valuable views and suggestions as well as constructive criticism in this arena.

We also invite scholars, translators and other institutions to assist us in propagating the pure Original Islam of Muhammad (s ).

We ask God the Exalted, to accept this trivial effort and enhance it further under the auspices of His vicegerent on earth, Hadhrat al-Mahdi (may Allah the Exalted, expedite his glorious advent).

We express our utmost gratitude to Professor Ayatullah Muhammad Taqi Misbah Yazdi for writing the book, Mr. Mansoor Limba for translating it, and all our honorable colleagues, especially the dear ones in the Translation Office for accomplishing this task.

Cultural Affairs Department

The Ahl al-Bayt ( ‘a ) World Assembly

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 ), 1who 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 of wilayah 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)

Referernces

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.]