BOOK ID

Author(s): Ayatullah Muhammad Taqi Misbah Yazdi

Translator(s): Mansoor L. Limba

Publisher(s): Ahlul Bayt World Assembly

Category: General Politics Current Affairs

Topic Tags: Islam Politics Government Miscellaneous information: Project supervisor: Translation Unit, Cultural Affairs Department, The Ahl al-Bayt (‘a) World Assembly (ABWA) ISBN: 978-964-529-455-5

Congress Classification: BP۲۳۱/م۵۵ن۶۰۴۹۵۲ ۱۳۹۰

Dewey Classification: ۲۹۷/۴۸۳۲

National bibliography numbers: ۳۸۲۴۹۴۴

سرشناسه : مصباح، محمدتقی، ۱۳۱۳ -

Mishbah Yazdi, Muhammad Taqi

عنوان قراردادی : نظریه سیاسی اسلام . انگلیسی

عنوان و نام پدیدآور : Islamic Political theory/ Muhammad Taqi Misbah Yazdi ; translator Mansoor Limba.

مشخصات نشر : [Beirut]: the Ahl al - Bayt (a) world Assembly (ABWA), 2011-= 1390-

مشخصات ظاهری : ج.

شابک : 978-964-529-455-5

یادداشت : انگلیسی.

یادداشت : کتابنامه.

یادداشت : نمایه.

مندرجات : v. 1. legislation.-v.2. statecraft

موضوع : اسلام و دولت

موضوع : اسلام و سیاست

شناسه افزوده : لیمبا، منصور، مترجم

شناسه افزوده : Limba, Mansoor

رده بندی کنگره : BP۲۳۱/م۵۵ن۶۰۴۹۵۲ ۱۳۹۰

رده بندی دیویی : ۲۹۷/۴۸۳۲

شماره کتابشناسی ملی : ۳۸۲۴۹۴۴

point

بسم الله الرحمن الرحیم

IN THE NAME OF ALLAH,

THE ALL-BENEFICENT, THE ALL-MERCIFUL

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

قال اللهُ تعالی:

إِنّما یُرِیدُ اللّهُ لِیُذْهِب عنْکُمُ الرِّجْس أهْل الْبیْتِ ویُطهِّرکُمْ تطْهِیرًا

Indeed, Allah desires to repel all impurity from you, O People of the Household, and purify you with a thorough purification.

(Sūrah al-Aḥzāb 33:33)

Prophetic traditions, mentioned in both Sunnī and Shī'īte most reliable reference books of Hadīth and Tafsīr (Quranic Exegesis), have confirmed that this holy verse was revealed to exclusively involve the five individuals of the Cloak; namely, Muhammad, ‘Alī, Fātīmah, al- Hasan, and al- Husayn, peace be upon them, to whom the term ‘Ahl al-Bayt (People of the House)’ is solely dedicated.

For instance, refer to the following reference books:

(1) Ahmad ibn Hanbal (d. 241 AH), al-Musnad, 1:331; 4:107; 6:292, 304. (2) Sahīh Muslim (d. 261 AH), 7:130. (3) Al-Tirmidhī (d. 279 AH), Sunan, 5:361 et al. (4) Al-Dulabī (d. 310 AH), al-Dhurriyyah at-Tāhīrah an-Nabawiyyah, p. 108. (5) An-Nassa’i (d. 303 AH), al-Sunan al-Kubrā' 5:p108, 113. (6) al- Hakīm al-Nayshābūrī (d. 405 AH), al-Mustadrak ‘alā as-Sa hīhayn, 2:416, 3:133, 146, 147. (7) al-Zarkāshī (d. 794 AH), al-Burhān, pp. 197. (8) Ibn Hājar al-Asqalānī (d. 852), Fath al-Barī Sharhh Sahīh al-Bukhārī, 7:104. (9) Al-Kulaynī (d. 328 AH), Usūl al-Kāfī, 1:287. (10) Ibn Bābaūyah (d. 329 AH), al-Imāmah wa’l-Tabsirah, pp. 47, H. 29. (11) Al-Maghribī (d. 363 AH), Da’aa’im al-Islām, pp. 35, 37. (12) As-Sadūq (d. 381 AH), al-Khisāl, pp. 403, 550. (13) At-Tūsī (d. 460 AH), al-Amaalī, H. 438, 482, 783.

For more details, refer to the exegesis of the holy verse involved in the following reference books of tafsīr: (1) At-Tabarī (d. 310 AH), book of Tafsīr. (2) Al-Jassās (d. 370 AH), Ahkām al-Qur’an. (3) Al-Wahīdī (d. 468 AH), Asbāb an-Nuzūl. (4) Ibn al-Jawzī (d. 597 AH), Zād al-Masīr. (5) Al-Qurtubī (d. 671 AH), al-Jāmī’ li-ahkām al-Qur’an. (6) Ibn Kathīr (d. 774 AH), Book of Tafsīr. (7) Al-Tha'albī (d. 825 AH), Book of Tafsīr. (8) As-Suyūtī (d. 911 AH), al-Durr al-Manthūr. (9) Ash-Shawkanī (d. 1250 AH), Fath al-Qadīr. (10) Al-'Ayyāshī (d. 320 AH), Book of Tafsīr. (11) Al-Qummī (d. 329 AH), Book of Tafsīr. (12) Furt al-Kūfī (d. 352 AH), Book of Tafsīr; in the margin of the exegesis of verse 4:59. (13) Al-Tabrīzī (d. 560 AH), Majma‘al-Bayān, as well as many other reference books of Hadith and Tafsīr.

ISLAMIC

POLITICAL THEORY

Volume 2

(Legislation)

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.

قَالَ رَسُولُ اللهِ صلی الله علیه و آله:

إنِّی تَارِکٌ فِیکُمُ الثَّقَلَیْنِ: کِتَابَ اللهِ وَعِتْرَتِی أهْلَ بَیْتِی، مَا إنْ تَمَسَّکْتُمْ بِهِمَا لَنْ تَضِلُّوا بَعْدِی أبَداً، وَإنَّهُمَا لَنْ یَفْتَرِقَا حَتَّی یَرِدَا عَلَیَّ 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.

ISLAMIC POLITICAL THEORY

Volume 2

(Legislation)

Professor Muḥammad Taqī Miṣbāḥ Yazdī

Translator

Mansoor Limba

Cultural Affairs Department

The Ahl al-Bayt(‘a) World Assembly

نام کتاب: نظریه سیاسی اسلام جلد ١

نویسنده: استاد محمّد تقی مصباح یزدی

مترجم: منصور لیمبا

زبان ترجمه: انگلیسی

Islamic Political Theory (Legislation) Volume 2

Author: Professor Muḥammad Taqī Miṣbāḥ Yazdī

Translator and typesetter: Mansoor Limba

Project supervisor: Translation Unit, Cultural Affairs Department, The Ahl al-Bayt (‘a) World Assembly (ABWA)

Editor: Sayyidah Effat Shah

Publisher: ABWA Publishing and Printing Unit

First Printing: 2008

Printed by: Laylā Press

Copies: 5,000

ISBN: 978-964-529-454-8

© The Ahl al-Bayt (‘a) World Assembly (ABWA)

www.ahl-ul-bait.org

info@ahl-ul-bayt.org

Table of Contents

PREFACE —11

INTRODUCTION —13

SESSION 24 —17

GRAND STRATEGIES IN THE REALM OF GOVERNANCE AND IMPLEMENTATION (PART 1) —17

THE EXIGENCY OF GOVERNMENT —17

DIFFERENT APPROACHES ON OBJECTIVES OF EXECUTIVE POWER —18

AIM OF PROPHETS (‘A) IN ESTABLISHING GOVERNMENT —20

IMPACT OF SOCIAL CHALLENGES ON CONDUCT OF LIBERAL SYSTEM —21

REASON BEHIND INDIVIDUALS’ INCLINATION TOWARDS LIBERALISM —22

A PERSPECTIVE ON THE STRUCTURE OF ISLAMIC GOVERNMENT AND STATE —23

THE GOVERNMENT MUST BE ACCEPTED BY THE PEOPLE —24

SESSION 25 —27

GRAND STRATEGIES IN THE REALM OF GOVERNANCE AND IMPLEMENTATION (PART 2) —27

GOVERNMENT AS PERPETUALLY NEEDED BY HUMAN SOCIETY —27

NEED FOR GOVERNMENT ACCORDING TO ISLAM AND THE QUR’AN —28

THE EXIGENCY AND SOURCE OF POWER —29

ADMINISTRATORS MUST BE GOD-WARY AND MORALLY SOUND —31

AN EXAMINATION OF THE LEGITIMACY OF GOVERNMENT IN POLITICAL PHILOSOPHY—31

DIFFERENCE BETWEEN ISLAMIC AND LIBERAL PERSPECTIVES ON LEGITIMACY —33

SESSION 26 —37

SPECIAL FUNCTIONS OF STATE AND ISLAMIC PERSPECTIVE ON PUBLIC PARTICIPATION —37

EXCLUSIVE FUNCTIONS OF STATE —37

DUAL STRUCTURE OF FUNCTIONS OF STATE —39

NEED OF ORGANIZATIONS DEALING WITH LOW-INCOME STRATA OF SOCIETY —40

THE ISLAMIC PAVING OF GROUND FOR PUBLIC PARTICIPATION —42

FACTORS UNDERMINING PUBLIC PARTICIPATION —42

STATUS OF CIVIL SOCIETY IN ISLAM —43

NEW WAYS OF OPPOSING ISLAMIC CRITERIA FOR SELECTION —44

NEED TO PRESERVE ISLAMIC VALUES AND PRINCIPLES AND COUNTER ENEMY PLOTS —46

SESSION 27 —47

A PERSPECTIVE ON THE DISTINCTIVE STRUCTURE OF THE ISLAMIC STATE —47

FUNDAMENTAL DIFFERENCE BETWEEN GOVERNMENT IN ISLAMIC AND SECULAR SYSTEMS —47

PRESENTATION OF A SECULAR STATE MODEL BY THOSE ENAMORED BY WESTERN CULTURE —48

STATE’S MISSION TO PRESERVE AND PROMOTE ISLAMIC MOTTOS —48

METHODS EMPLOYED BY THE STATE TO FULFILL ITS RESPONSIBILITIES —49

MODEL OF TOTALITARIAN AND LIBERAL STATES —50

ISLAM’S IDEALISTIC AND REALISTIC PERSPECTIVE ON STATE —52

DEFECTS OF A STATE’S CENTRALIZED SYSTEM —54

SESSION 28 —57

OBSERVANCE OF VALUES AND LEGITIMATE FREEDOM IN AN ISLAMIC STATE —57

A GLANCE AT THE STATE’S RAISON D’ÊTRE —57

FIRST PRINCIPLE OF HUMAN CONDUCT —59

ISLAM’S INSTRUCTIVE APPROACH IN ENACTING PENAL AND CRIMINAL LAWS —60

THE STATE’S FIXED AND ALTERABLE DUTIES —62

DIFFERENCE IN MANNER OF IMPLEMENTING LAWS BETWEEN ISLAMIC AND OTHER STATES —63

SESSION 29 —67

THE POLITICAL HIERARCHY IN THE ISLAMIC STATE —67

SPECIFIC DUTIES OF AN ISLAMIC GOVERNMENT —67

QUALIFICATIONS OF ISLAMIC STATE OFFICIALS —68

NECESSITY OF DETERMINING ORIGIN OF STATESMEN’S QUALIFICATIONS —70

REJECTING THE VALUE-LADEN APPROACH OF KANT IN THE REALM OF BEHAVIOR —70

ISLAM’S NON-JUDGMENTAL APPROACH IN VALUE-GIVING AND ASSIGNING DUTIES—72

WORSHIP HAS DIFFERENT DEGREES OF VALUE —73

CATEGORIZED MODELS OF ISLAMIC GOVERNMENT —74

RATIONAL PROOF OF THE WILĀYAH AL-FAQĪH SYSTEM —75

SESSION 30 —79

THE CONNECTION BETWEEN THE ABSOLUTE GUARDIANSHIP OF THE JURIST AND THE ISLAMIC GOVERNMENT ESTABLISHMENT —79

BALANCE BETWEEN PREROGATIVES AND DUTIES IN THE ISLAMIC STATE —79

CONNECTION BETWEEN ABSOLUTE GUARDIANSHIP [WILĀYAT-E MUṬLAQ] AND GOVERNMENT PREROGATIVES —80

PEOPLE’S SKEPTICISM ON ABSOLUTE GUARDIANSHIP —80

INVESTIGATING THE STRUCTURE OF ISLAMIC GOVERNMENT —81

PRECEDENCE OF THE NOTION OF “STATE WITHIN A STATE” IN ISLAM —84

IMĀM KHOMEINĪ’S PRESENTATION OF “ABSOLUTE GUARDIANSHIP OF THE JURIST —86

DESCRIPTION OF WILĀYAT AL-FAQĪH IN THE MAQBŪLAH OF ‘UMAR IBN ḤANẒALAH’88

ISLAM’S VIEW ON SEPARATION OF POWERS —90

GROUNDS FOR OVERLAPPING OF FUNCTIONS —91

SESSION 31 —93

AN EXAMINATION AND CRITICISM OF THE THEORY OF SEPARATION OF POWERS —93

HISTORICAL TREND LEADING TO THE THEORY OF SEPARATION OF POWERS —93

REASONS BEHIND THE SEPARATION OF POWERS —94

THE IMPOSSIBILITY OF TOTALLY SEPARATING AND DELINEATING THE POWERS —95

NEED FOR AN INSTITUTION THAT COORDINATES AND SUPERVISES THE THREE POWERS—97

WILĀYAH AL-FAQĪH AS THE UNIFYING AXIS OF SOCIETY AND THE POLITICAL SYSTEM98

SESSION 32 —101

THE EXIGENCY OF ELUCIDATING THE IDEOLOGICAL POSITION OF THE ISLAMIC SYSTEM —101

DIFFERENT LEVELS OF UNDERSTANDING THE ISLAMIC GOVERNMENT —101

A REVIEW OF THE CHARACTERISTICS OF LAW AND ITS NECESSITY —104

ANOTHER REVIEW OF THE QUALITIES OF THE IMPLEMENTERS OF ISLAMIC LAWS —105

THEORETICAL CONNECTION OF ISLAMIC GOVERNMENT WITH IDEOLOGICAL PRINCIPLES AND FOUNDATIONS —106

LOGICAL AND RATIONAL BASIS OF ISLAMIC GOVERNMENT’S LINEAR DEGREES —107

PRESENTING SOME QUESTIONS REGARDING ISLAMIC GOVERNMENT —109

SESSION 33 —111

ISLAM AND DIFFERENT FORMS OF GOVERNMENT —111

SKEPTICISM ON ISLAM’S ALLEGED LACK OF GOVERNMENT PLANNING AND PROGRAM— 111

REFUTING THE ABOVEMENTIONED SKEPTICISM AND STATING THE ISLAMIC VIEWPOINT ON THE FORM OF GOVERNMENT —113

THE IMPOSSIBILITY OF PRESENTING A FIXED GOVERNMENT STRUCTURE —113

SKEPTICISM ON ALLEGED TEMPORAL AND WORLDLY NATURE OF GOVERNMENT AND OBSOLETENESS OF ISLAMIC LAWS —115

REFUTATION OF THE ABOVE AND THE CONNECTION BETWEEN ISLAM’S IMMUTABLE AND ALTERABLE LAWS —116

DIVINE LAWS’ JURISDICTION ENCOMPASSES ALL SPHERES OF HUMAN ACTIVITIES —120

SESSION 34 —123

THE POSITION OF ISLAMIC LAWS AND OUR SYSTEM’S SUPERIORITY OVER OTHER SYSTEMS —123

CONNECTION OF THE IMMUTABLE LAWS OF ISLAM WITH GOVERNMENT STRUCTURE AND ALTERABLE LAWS —123

PRIMARY AND SECONDARY LAWS AND THE SECONDARY LAWS’ ALLEGED CONFLICT WITH ISLAM —124

SHORTCOMINGS OF THE DEMOCRATIC SYSTEMS —127

EXIGENCY OF THE POWERS’ COORDINATING AGENCY —128

THE COORDINATION OF POWERS IN THE WILĀYAH AL-FAQĪH SYSTEM —129

THE WILĀYAH AL-FAQĪH SYSTEM’S SUPERIORITY OVER OTHER SYSTEMS —130

SESSION 35 —137

THE CONNECTION BETWEEN FREEDOM, STATE AND LAWS —137

THE ALLEGED INCOMPATIBILITY OF AN APPOINTED RULER WITH FREEDOM AND DEMOCRACY —137

EXAMINING INTRINSIC FREEDOM AND NEGATING THE THEORY OF PREDETERMINATION— 137

NO CONTRADICTION BETWEEN THE INTERNALLY VALUE-ORIENTED SYSTEM AND FREEDOM —139

THE CONNECTION BETWEEN RELIGIOUS, OBLIGATIONS AND FREEDOM —141

THE CONNECTION OF ḤUDŪD AND TA‘ZĪRĀT WITH FREEDOM —143

THE EXISTENCE OF STATE AND LAWS NEGATES ABSOLUTE FREEDOM —145

THE EXIGENCY OF LINKING SOVEREIGNTY WITH ALLAH —146

SESSION 36 —151

NEED FOR DECISIVENESS IN IMPLEMENTING ISLAMIC ORDINANCES —151

SOCIAL IMPACT OF HUMAN ACTION AND THE NECESSITY OF GOVERNMENT —152

THE LEGITIMATE SOURCE OF GOVERNMENT AND THE ENIGMAS OF DEMOCRACY —152

THE GOVERNMENT’S LEGITIMACY IN ISLAM —155

THE PROPHETS AND THEIR WAY OF GUIDING PEOPLE —156

THE NEED TO REMOVE OBSTACLES ALONG THE WAY OF GUIDANCE —157

THE NECESSITY OF PRESERVING DIVINE VALUES AND NEGATING WESTERN VALUES—159

DECISIVENESS IN IMPLEMENTING LAWS AND STRUGGLING AGAINST ENEMIES OF THE SYSTEM —160

WARNING PEOPLE AGAINST CONSPIRATORS AND MERCENARIES —162

SESSION 37 —165

A SCRUTINY OF THE ISSUE OF VIOLENCE —165

THE ENEMIES’ SINISTER PROPAGANDA AND ACTIVITIES AGAINST ISLAM —165

THE WEST AND ITS PRETENTIOUS DEFENSE OF HUMAN RIGHTS —166

RESORTING TO VIOLENCE AND PLOTTING TO TOPPLE DOWN THE ISLAMIC SYSTEM —167

PAVING THE GROUND FOR THE ABSENCE OF PEOPLE FROM THE SCENE —168

THE EXIGENCY OF CONFRONTING CULTURAL CONSPIRACIES AND MISGIVINGS ABOUT RELIGIOUS SANCTITIES —169

ISLAM’S DESCRIPTION OF GOD’S MERCY AND WRATH —172

THE NECESSITY OF CONFRONTING ENEMIES AND HYPOCRITES, AND ELIMINATING IMPEDIMENTS TO GUIDANCE —174

OPPOSITION TO THE PENAL AND CRIMINAL LAWS OF ISLAM —176

VIOLENT MEASURES NOT CONFINED TO THE DOMAIN OF PENAL AND CRIMINAL LAWS— 177

ISLAM AND THE NEED TO ANSWER ALL ACADEMIC OBJECTIONS UNDER ALL CIRCUMSTANCES —180

CONFRONTING THE CONSPIRACIES AND REACTION OF FOREIGNERS —181

THE QUR’AN AND THE NEED TO REPUDIATE AND BE INIMICAL TO ITS ENEMIES —182

SESSION 38 —185

CONFRONTATION OF WESTERN IDEAS AND BELIEFS’ WITH ISLAMIC LAWS —185

THE CONSTITUTIONAL MOVEMENT AND PROPAGATION OF WESTERN VALUES —185

SOME WRITERS’ DISPLEASURE AT THE PRESENTATION OF IDEAL FREEDOM IN ISLAM—186

ISLAMIC DECREE ON ENEMY COMBATANTS AND AGENTS OF CORRUPTION ON EARTH—187

THE CONSEQUENCES OF THE LACK OF DECISIVE STEP AGAINST CONSPIRATORS —188

IRRESPONSIBLE STANCES AGAINST THE ISSUE OF VIOLENCE —190

AN EXAMINATION OF THE SYNONYM OF THE WORD “VIOLENCE” IN THE QUR’AN —190

THE WESTERN AND ISLAMIC CONCEPT OF TOLERANCE —191

SESSION 39 —195

AN INVESTIGATION OF THE RELATIVITY OF VALUES AND RELIGIOUS NARRATIVES —195

RELIGION AS ABSOLUTE OR RELATIVE —195

THREE APPROACHES ON THE RELATIVITY OF KNOWLEDGE —195

THE ABSOLUTENESS AND INALTERABILITY OF SOME VALUES —198

THE BASIS OF ABSOLUTENESS OF SOME VALUES —200

THE RELATIVITY OF ALL VALUES AND RELIGIOUS NARRATIVES IN WESTERN CULTURE— 200

THE DISTINCTION BETWEEN THE DOMAIN OF RELATIVE INTERPRETATIONS AND THE DOMAIN OF ABSOLUTE INTERPRETATIONS —204

SESSION 40 —207

RELIGIOUS KNOWLEDGE: FICTION OR TRUE REFLECTION? —207

THE STATUS OF REALISTIC AND UNREALISTIC LANGUAGES —207

THE MOTIVE OF INTRODUCING THE LANGUAGE OF RELIGION AS SYMBOLIC AND UNREALISTIC —208

WESTERNIZED INTELLECTUALS, THE PROMOTERS OF THE THEORY OF RELATIVITY OF RELIGION —210

ECLECTIC UNDERSTANDING OF THE STORY OF HĀBĪL AND QĀBĪL —211

THE PRESENTATION OF AN AMBIGUOUS IMAGE OF RELIGION —213

COMPARING THE QUR’AN WITH THE LANGUAGE OF POETRY AS A JUSTIFICATION OF PLURALIST INTERPRETATIONS —214

THE PLURALITY OF INTERPRETATIONS AND TRENDS OF KNOWLEDGE IN HERMENEUTICS —217

WORDS AND THE POSSIBILITY OF THEIR ARRIVING AT DIFFERENT TRUTHS —218

THE POSSIBILITY OF ACQUIRING ABSOLUTE AND REAL KNOWLEDGE OF THE QUR’AN—219

THE RELATIVISTS’ UNFOUNDED CLAIM OF QUR’ANIC LANGUAGE BEING UNREAL —220

IMĀM ‘ALĪ’S (‘A) EXPRESSION OF CONCERN OVER CULTURAL CONFUSION AND THE DISTORTION OF RELIGION —222

THE NECESSITY OF REMOVING PERSONAL PREFERENCES FROM THE DOMAIN OF RELIGION —225

INDEX —227

Preface

بِسْمِ اللَّهِ الرَّحْمَنِ الرَّحِیمِ

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 Muslim ummah 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 of risalah [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 الرَّحْمَنِ الرَّحِیمِ

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

أَلْحَمْدُ للهِ رَبِّ الْعَالَمِیْنَ وَ صَلَّی اللهُ عَلی سَیِّدِنَا وَ نَبِیِّنَا مُحَمَّدٍ وَ آلِهِ الطَّاهِرِیْنَ وَ لَعْنَةُ اللهِ عَلی أَعْدَائِهِمْ أَجْمَعِیْنَ

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 on wilayah 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)⁽¹⁾, 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 of mujtahids,⁽²⁾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, and wilayah 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 this wilayah 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 by Hadhrat 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)

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

The exigency of government

In initial discussions on Islamic political philosophy, I stated that, like any political system, the Islamic government has two basic axes: (1) law and legislation, and (2) management and implementation of law. Previous discussions were essentially about the first axis, dealing with the importance of law, characteristics of ideal law, legislation in Islam and its conditions, while addressing the skepticism regarding the above.

The present topic is management and implementation of law. In order to have a clear understanding of the topic, we will realize that the more transparent and clear the goal and objective of an institution or organization, the easier it will be to understand its structure, working conditions and qualities in the people elected as its members. Therefore, to discuss the executive branch of Islamic government, i.e. its managerial aspect, we must be familiar with the reason for establishing the government including the goal of its management.

Notwithstanding the trend which considers government unnecessary, the majority of political philosophers regard the existence of government in society as necessary. That is, they believe that in society there should be a body which must issue orders, oblige people, implement ordinances acceptable to society and apprehend and punish violators. This premise is accepted by almost all thinkers and its need realized by every society. In Islam this premise is also affirmed, and in the words of the Commander of the Faithful (‘a) recorded in Nahj al-Balaghah: even if a society does not have an upright and meritorious government, a tyrannical government is still

better than the absence of any government.⁽¹⁾It is because in the absence of government or the executive, there will be chaos, the rights of individuals violated and the interests of society trampled upon. So, according to Islam, one of the most important social obligations of people is the establishment of an upright government so as to guarantee the interests of society.

Different approaches on objectives of executive power

We all know that executive power is for implementation of law, and thus, its objective is implementation of laws, but the nature and structure of the law which the state is trying to implement must be seen. The objectives of law are nothing but two: material and spiritual. In general, all those who are involved in debates on political philosophy acknowledge the fact that the state must secure material interests of people, but there is a difference of opinion about guaranteeing spiritual interests of people; whether they should be reflected in law, the government implement such a law and guarantee its implementation.

Since long, many schools of philosophy have believed that the government must also guarantee spiritual values and the law guaranteed by the government must take human virtues into account. Even in non-religious schools of philosophy some ancient Greek philosophers like Plato regarded paving the ground for the flourishing of human virtues as the duty of government. He asserted that the government must be run by men of wisdom and those who are the best in terms of moral virtues. The saying “The men of wisdom must rule” is attributed to him. So, non-Muslim and non-religious philosophers—those who are not followers of the religions with heavenly origin—have also laid stress on spiritual issues and moral virtues. Even the philosophers with no religious beliefs have emphasized the observance of moral virtues in society and the creation of an atmosphere for the moral growth of people.

After the spread of Christianity in Europe, the Roman Emperor Constantine’s conversion to Christianity and his propagation of it in Europe, and adoption of Christianity as the official religion of civilized countries in Europe, religion was attached to government and the goal of government was to secure religious objectives. That is, the statesmen also used to implement what they had accepted as Christianity. Since the Renaissance, the Westerners experienced an intellectual revolution and endeavored to separate moral issues from the realm of government concerns.

After the Renaissance many developments took place in Europe which became the

origin of the new Western civilization, and their hallmark is the separation of religion from the realm of social concerns. It was during that time that philosophers discussed about politics, wrote books, founded schools of thought, and consigned moral virtues and spirituality to oblivion.

Among these philosophers was Thomas Hobbes, the English philosopher, who believed that the only function of government was to prevent anarchy. According to him, like wolves, human beings by nature would be at each other’s throats and destroy one another. Accordingly, a body was needed to curb the wolf’s instinct in them and prevent their aggression against one another. Following him, John Locke, who was the founder of Western liberal thought and whose ideas are still discussed and more or less accepted in all political and academic circles in the world, presented maintenance of security as the purpose of government.

According to him, what human beings need in life is a controlling agent called “government” in the absence of which social order will not come into being, anarchy will prevail, security will be lost, and the life and property of people will be endangered. He says, “We want government to fill this vacuum, other matters have nothing to do with government.”

Of course, the separation of religion from government and social affairs does not mean that none of these theoreticians gave importance to moral virtues and spiritual values. In fact, they said that individuals would have to pursue these matters themselves because they had nothing to do with government. Those who believe in God have to go themselves to the temple, church or anywhere they wish and engage in worshipping God. Similarly, moral virtues such as honesty, good conduct, respecting others, attending to the poor, and others are valuable, but considered personal matters. Individuals themselves have to strive to acquire these pleasant moral virtues, for government has nothing to do with them.

So, the objective of social law, i.e. what government must implement, is only maintenance of security in society so as to protect the life and property of people. Likewise, executive power has no function except maintenance of security and protection of people’s lives and properties. In the words of Locke, apart from protection of life and property, protection of personal freedom is also considered part of security. Regarding moral and spiritual interests, the maximum thing he said was that social law must be such that it does not conflict with morality nor hinder the worship of God.

With respect to preservation of moral values, however, social law and government would not assume the responsibility of preserving religious values and creating an atmosphere for spiritual and religious growth. Nowadays, this statement of Locke is the gospel and constitution of most schools of philosophy. Their principal motto is that the only duty of government is preservation of

security and freedom, and it has no responsibility towards religious and moral affairs. This is the fundamental difference between Western thinkers in the world today and Islam.

Aim of prophets (‘a) in establishing government

The view of prophets (‘a), especially the Great Prophet of Islam (s) is that apart from securing the materials needs and interests, securing the spiritual interests is also part of the duty of a government. In fact, securing spiritual interests takes precedence and is more important than securing material interests. The government must implement the law whose ultimate objective is to secure the spiritual, religious, moral and human interests—the same things regarded by religion as its ultimate purpose, because the perfection of man depends on them. It considers the purpose of the creation of man, endowed with freewill, to know and pursue this lofty objective.

The axis of these matters is nearness to God which is, thanks to God, well entrenched in Islamic culture today. In fact, it has gained currency among Muslims and even those who do not correctly know its meaning are familiar with its expression. Common people who do not know how to read and write, daily use the expression “qurbatan ilallah” [for the sake of nearness to Allah].

Law that is implemented in society must be geared towards the realization of the ultimate goal and purpose behind the creation of man which is nearness to God. The social life of man should progress in this direction and other issues and animal dimensions are valuable provided they are a prelude to his progress, spiritual perfection and proximity to God.

The goal of state can also be identified once it is proved that the purpose behind the codification of social laws is to secure both spiritual and material interests, as a matter of course. The state must consider protecting the life and property of citizens, paving the ground for the spiritual growth of human beings and combating anything that is against the realization of this objective, as part of its duty. This is in reality a preliminary and not the main goal. That is to say, it is a means to achieve a loftier goal. Hence, laws to be recognized officially in Islamic society should be totally concordant with religious foundations and geared toward the spiritual and religious growth of human beings. For them not to be inimical to religion is not enough; they must be attuned to the goals of religion. The Islamic state must also combat religious disbelief and hostility to religion and materialize religious objectives.

In a religious society, it is possible that certain material needs may not be provided temporarily because of the expediency to attend to some spiritual affairs. If the ordinances of Islam are implemented, in the long run material interests of people will also be better secured than in any other system.

However, if to provide for all material interests will undermine religion within a limited period, one should only provide for material interests that will not undermine religion, because spiritual interests take precedence. But in Western countries what we have said is not credible. They are only concerned with material objectives and the state is not responsible for spiritual interests.

Impact of social challenges on conduct of liberal system

Sometimes, people protest that in the West spiritual and religious interests are also attended to. Westerners also offer sacrifices and pay attention to social problems. Of course, this contention is correct and we acknowledge that not all Westerners are individualistic. Prevalence of liberal thought does not mean that all people in the West are influenced by it. What we mean is that liberalism dominates Western societies and because of social necessities they are sometimes compelled to act contrary to the dictates of their philosophy.

That is, because of some exigencies even those who are individualistic and liberal have social considerations, and in order to prevent an uprising and revolt by the majority of people, they have to consider the deprived. In practice, in many countries ruled by socialists and social democrats, a great portion of the taxes levied are spent on social services. Their materialist philosophy does not make such a demand but in order to maintain security, they are compelled to provide these facilities.

The point is that liberalism demands one thing and the action of its proponents exhibit something else. In fact, this criticism is leveled at them— liberalism and individualism does not expect them to take these things into account; so, why do they provide social securities and facilities which are in favor of the deprived? The reply to this question is that these facilities are meant to safeguard the capital of the capitalists and prevent communist uprisings and Marxist revolutions. Before Marxist thought was put into practice in Marxist countries, it was prevalent in Western countries. Karl Marx, a German scholar who lived in the U.K, initially promoted his ideas and books there. Studying his works, the English statesmen realized the perils Marx had brought them and parried them in anticipation.

The Labor Party and socialist tendencies that came into being in Britain and the programs in favor of the deprived implemented there were all meant to counter Marxist tendencies, because it was predicted that the advancement of capitalism would urge the majority of people to stage an uprising. In order to preempt that they attended to the poor and silenced them.

This attitude was beyond the dictates of their capitalist school but it aimed at protecting the interests of the capitalists. In any case, liberalism asserts that the state does not have any responsibility in relation to spiritual affairs.

Possibly, they would complain to us, saying: “In principle, in the Western countries the state levies taxes from people for the church. Why do you accuse them of being heedless to religion and spirituality?” This is the reply: This is also not dictated by liberal thought. In fact, their purpose is to win the hearts of the religious and make use of the power of the church.

Our concern here is their philosophy and their frame of mind. If ever they engage in some religious activities, it is meant to protect their own interests. In a bid to win elections, they strive to win the hearts and votes of the religious. Sometimes, during the presidential elections in the U.S of America, presidential candidates are seen going to church and drawing the attention of people. It does not mean that they are proponents of religion in the affairs of government.

Reason behind individuals’ inclination towards liberalism

According to Islam, protection of spiritual interests which can be realized under the auspices of religion is among the essential and primary objectives of government. This is the key point of difference between Islam and other schools of philosophy dominant in the world today, and we cannot follow the West with respect to the mode of governance and duties of government because of this fundamental and basic difference with them. Once the objective is forgotten, the structure, conditions, duties, and prerogatives will change accordingly.

In reality, the reason behind the ambiguity and deviation in ideas and thoughts of individuals—even those who are not spiteful—and the ambiguities and deviations they express in their newspapers and books is that they have not paid attention to the objective of law and government from the Islamic viewpoint and the difference between Islam and other schools. They have accepted the essence of Islam. They also really believe in God, say their prayers and observe fasting. They do not deny and reject religion either. Practically, however, they totally follow the West in sociopolitical issues. They no longer enquire whether a certain method is consistent with Islamic thought or not. They say, “Today, the world is administered in this way and we cannot go against the dominant current in the world. Today, the world’s civilization is Western civilization and the dominant culture is the liberal culture. We cannot go against this trend!”

We, however, must first understand what Islam theoretically says; whether it accepts whatever is practiced in the West or not. Secondly, in practice we have to see whether we can implement the commandments of Islam or not. Assuming that we cannot implement them in practice, at least we have to know that Islam does not accept the liberal approach and attitude. So, we should not attempt to present a non-Islamic approach as Islamic. During the time of the taghut, we could not also put into practice the Islamic methods

but we knew that that government was not Islamic and some of its policies were anti-Islamic. Thus, the absence of the ground for implementation of the commandments of Islam does not make us say that Islam has been changed.

Even today, in some cases, we may not be able to implement Islam yet we are not supposed to say that Islam is exactly what we are doing. We have to understand Islam as it really is, and if we cannot practice an aspect of it, we have to beseech the forgiveness of God for our failure to do so, and if ever we have any shortcomings, God forbid, then we have to ask apology from the Muslim nation for our shortcomings in implementing Islam. So, we should not make any change in Islam and we should bear in mind that Islam is the same religion which was propagated by the Prophet of Islam (s) 1,400 years ago.

A perspective on the structure of Islamic government and state

Therefore, the objective of the Islamic government is definitely the realization of Islamic and divine values in society and under its auspices the realization of material interests, and not the opposite. We also need to know the structure of the Islamic government and the qualities of those who should take charge of government.

No doubt, the principal duty of executive power in any political system is the implementation of law, and this point is acknowledged by everybody. The Islamic state guarantees the implementation of Islamic laws and the realization of the objectives of those laws. Now, the question is: In any political system—whether Eastern, Marxist, Western liberal, or any other existing system—what qualities and features should the institution that wants to implement laws have? In reply, it must be stated that law-enforcers in any political system should possess at least two qualities:

“government” has been treated as synonymous with “power” and one of the key concepts in political philosophy is the concept of “power”. In any case, we should bear in mind that the government must have power.

Since time immemorial, along with developments in human society, there existed different concepts of power. In simple and primitive governments—like the tribal governments which existed thousands of years ago in approximately all parts of the world—power basically focused on physical power which existed in the tribal chief or ruler. In those societies, the person who was physically the strongest was recognized as ruler; for, if there were any violator, the ruler used his physical power to punish him. Thus, in those days, power was only physical.

When social conditions became complex and there was further social growth and advancement, the physical power of a person was transformed into the power of an institution. That is, even if the ruler was not physically strong, he could have people at his disposal that had considerable physical strength. He could have a strong army and military force composed of strong men. With the advancement of knowledge, power went beyond the physical realm and was transformed into scientific and technological power. That is, the ruler was supposed to possess instruments that could successfully perform physical tasks.

With progress and development in societies and advancement of various industries and technologies, including the daily qualitative and quantitative advancement of military equipment, the state had no option but to acquire and equip the military with sufficient physical, industrial and technological power, to be able to suppress any uprising, prevent violations and people from embezzling property and endangering lives, by means of the power at its disposal.

The government must be accepted by the people

The power or force we have so far mentioned is confined to bodily or physical power which was considered important in primitive and advanced forms of government and which is still utilized. We can also observe that states strengthen their military and defense structure and stockpile military arms and equipments to make use of them in times of need. It must be noted, however, that the power and capability of a government is not confined to this. In fact, in progressive societies the power and authority of a state largely emanates from social influence and popular acceptability.

Not all demands and programs can be imposed on society by means of violence or brute force. Essentially, the people voluntarily and willingly accept and implement laws. So, the person who is entrusted with implementing laws and is at the helm of affairs must be accepted by people, as in the long run, the mere use of physical force and power will not do anything.

Thus, the executive official must also possess social authority and acceptability. As such, in order to prevent any problem in the domain of management and pursue social interests, the distinctive qualities of executive officials must be determined so that they can guarantee the objectives of the government and law. That is, they really qualify to run the government and guarantee implementation of law. This is discussed in various forms in political philosophy and is usually known as social legitimacy and popular acceptability.

It means that the government must have a rational basis and adopt the correct way of implementing law, and people must consider it legally credible. In addition to the fact that the executive official must enjoy physical power to be able to prevent violations, the people must believe in his credibility and regard him deserving to rule. Thus, we have three types of authority. The first two types have been recognized in all societies. Of course, there are differences in forms of implementation in different schools and forms of government. Yet, what is most important for us is the third form of authority.

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

Government as perpetually needed by human society

In order to theoretically explain the need for government to our people and keep them away from committing certain fallacies, it must be noted that the said theory is based on the reality of human societies. A person who closes his eyes to reality and human nature, and engages in analysis and concludes that humans are angelic, have a pure disposition and are only in pursuit of goodness and virtue, is sadly mistaken.

According to him, if correct education and training is provided to people their moral motive will bind them to abide by the law and never violate it, and, if true laws, individual and social interests, and harms of violating laws are clearly explained to people and they are given the freedom to choose, no one will engage in corruption anymore and everybody will act according to law. It will be as simple as a person who knows that a given food is poisonous refrains from eating it. Similarly, people will accept what is good for them and avoid what is harmful. In this case, there will be no need to impose laws on people by means of brute force and pressure!

Such a notion is both illusive and idle. Those who know the reality of human life and society, are familiar with the history of mankind and can never imagine that in the near future, a time will come when as a result of the spread and promotion of moral values among people, all will spontaneously perform good deeds and not resort to evil—nobody will lie, commit treason, encroach upon the property and honor of people, violate others’ rights and no country invade its neighboring lands.

Need for government according to Islam and the Qur’an

Islam also regards it absurd and unrealistic to say that society is needless of government and brute force even when it possesses sound training, knowledge of law and what is beneficial and harmful. In the verses about the creation of Hadhrat Adam (‘a), the creation of man has been explained in such a manner that his weakness and possibility of going astray is clearly indicated:

وَإِذْ قَالَ رَبُّکَ لِلْمَلاَئِکَةِ إِنِّی جَاعِلٌ فِی الأَرْضِ خَلِیفَةً قَالُواْ أَتَجْعَلُ فِیهَا مَن یُفْسِدُ فِیهَا وَیَسْفِکُ الدِّمَاء وَنَحْنُ نُسَبِّحُ بِحَمْدِکَ وَنُقَدِّسُ لَکَ قَالَ إِنِّی أَعْلَمُ مَا لاَ تَعْلَمُونَ “When your Lord said to the angels, ‘Indeed I am going to set a viceroy on the earth,’ they said, ‘Will you set in it someone who will cause corruption in it, and shed blood, while we celebrate Your praise and proclaim Your sanctity?’ He said, ‘Indeed I know what you do not know’.”⁽¹⁾

When the angels recount the social corruption and bloodshed of human beings, God does not deny it. Instead, He highlights the wisdom beyond the creation of man which is unknown to the angels.

Similarly, in some other verses God mentions some moral weaknesses of man, as in the following verses:

إِنَّ الْإِنسَانَ خُلِقَ هَلُوعًا ٭ إِذَا مَسَّهُ الشَّرُّ جَزُوعًا ٭ وَإِذَا مَسَّهُ الْخَیْرُ مَنُوعًا “Indeed man has been created covetous: anxious when an ill befalls him and grudging when good comes his way.”⁽²⁾

إِنَّ الإِنسَانَ لَظَلُومٌ کَفَّارٌ “Indeed man is most unfair and ungrateful!”⁽³⁾

It is interesting to note that in the latter verse God describes man as “zalum” which is the superlative degree [Sighah al-Mubalighah] and means “most unfair”. This description indicates that inequity, insolence and ungratefulness in human beings is such that it cannot be neglected, and human societies will always be replete with injustice and ingratitude. The notion is unacceptable that through education, training, enlightenment, admonition and counsel, people can build a society whose members are all well-mannered and refined and no one violates laws and moral values, and where there would be no need anymore for government and the police force.

The Qur’an also opposes this notion and indicates that in human societies with different motives there will always be violation. Of course, social scientists are discovering and identifying the factors behind individuals’ violation and commission of crime, and have identified some as ignorance, illiteracy, genetic and environmental factors. This is not our concern at present as we only intend to state that violation of law and commission of crime and sin always existed, and will be the same in future.

Of course, we believe that by the grace and blessing of God, a time will come when through Hadhrat Wali al-‘Asr (may Allah expedite his glorious advent) the ideal Islamic and divine society will be established. It must be noted, however, that even that society will not be totally free from violation of law, in addition to the fact that it will also not persist forever. It is even mentioned in some traditions that some will revolt against the Imam of the Time (may Allah expedite his glorious advent) and cause his martyrdom.

It cannot even be expected therefore that during the rule of Hadhrat Mahdi (‘a) society will become totally ideal and desirable and completely devoid of sin and transgression. Of course, the structure of that government and his exercise of authority will be such that no oppression and corruption will continue unanswered, the implementation of justice will be all-encompassing, and violations in social and public life will diminish, but they will not be uprooted in total. This is because man will not acquire an angelic nature. As in the past, there will always be room for insolence, sin, violation, and transgression in him.

Thus, paying attention to reality prompts us to acknowledge the exigency of state and government. One must mingle with people and observe their conduct and behavior—see how even good and meritorious individuals commit sins and offences sometimes. Naturally, in order to deal with and prevent violations, sound and necessary laws must be implemented (and I dealt with the necessity of codifying and enacting them), for if laws for implementation and execution in society are codified, they must have implementers and executive guarantors. The fundamental reason for having a government is to guarantee the implementation of laws at all levels of society. This is the point we are presently concerned with. God willing, we shall deal with the duties and prerogatives of government, its organizational structure and other related issues in future discussions.

The exigency and source of power

A government possessing brute force and sufficient power must be established so as to manage affairs, implement laws, defend beliefs and values, maintain internal and external security, prevent violations, thwart conspiracy, and hamper external aggression to Islamic society. For this

reason, in political philosophy the concept of power is pivotal. In fact, some have even described “politics” as “the science of power”. Admitting the necessity of a government or executive power possessing power and authority, the question arises: What is power and on what basis do certain people acquire power and authority to implement laws and deal with violations?

Some members of human society always tend to commit crimes due to various reasons such as weakness of intellect, lunacy, bad upbringing, and the like. They set a place on fire, open fire on innocent people, or commit crimes which, thank God, are rarely committed in our Islamic society. But statistics show that that same usually happens in the most advanced Western or European countries. As stated in reliable sources, in the capital of one of those countries, a certain number of murders are committed every minute.

These statistical records are reflected in the official papers of those countries. But if a murder or another crime is committed in a certain part of our country of 60 million people,⁽¹⁾we will be surprised why such a crime is committed in the Islamic republic! In a bid to confront and deal with these crimes, there must be an institution possessing physical and material force to guarantee the implementation of laws.

Thus, the first condition in guaranteeing implementation of laws and dealing with violators is the possession of material, physical, and even bodily force and power. With the advancement in science and technology, sophisticated arms, instruments, tools and electronic devices are at the disposal of law-enforcers to penalize criminals. Keeping in view this necessity, each government—big and small, advanced or not—has a disciplinary force for dealing with crimes and maintenance of internal security.

The quantity and quality as well as the arms and equipment at the disposal of the disciplinary force are concordant with the type and structure of the government employing it. That is, the smaller and not-so-advanced governments tend to have meager forces and simpler military equipment while the more advanced, extensive and complex governments tend to have larger forces and more sophisticated and powerful arms, equipment and arsenal.

Without possession of brute force, implementation of laws cannot materialize. There must be brute force to call criminals to account, punish them and act as a deterrent.

Similarly, in order to protect and defend the frontiers against external enemies, the exigency of a potent deterrent force with sufficient equipment and facilities can be well understood. In the structure of states, the burden of

this responsibility is shouldered by the army and disciplinary forces so as to defend the country’s frontiers.

Administrators must be God-wary and morally sound

However, mere possession of bodily power and physical ability is not enough for assuming an executive post and guaranteeing law. Anyone who wants to achieve this objective must also be God-wary and morally sound; for, if he is impious, he does not deserve the power at his disposal nor will he benefit society but will cause problems and exploit that power and position.

During the period of struggle of the Iranian nation against the regime of the taghut prior to the victory of the Islamic Revolution, the Imam (q) said that arms must be placed at the disposal of righteous and meritorious individuals so that aside from struggling against the regime of the taghut they can pursue the rights of people and the sovereignty of Islam, and not only think of acquiring power. Once arms are at the disposal of undeserving individuals, power is actually at the disposal of powerful devils who bring nothing to society except corruption and destruction.

Of course, the implementer of law must have enough knowledge of law and its different dimensions and aspects. As law enforcer, each of the executive officials, in whatever political echelon, must have enough knowledge of law; otherwise, even if the person does not want to act according to his own desire and is determined to act upon the law, he will commit errors in practice and not apply the law correctly. Although such a person has no bad intentions and is morally sound, his lack of knowledge of law and incorrect interpretation will lead to misguidance and deviation, and in practice, trample upon the interests of society.

Therefore, the one who is in charge of implementing law must have knowledge of it, enjoy executive power and be pious and morally sound. In the religious texts, these three qualifications are described as: expertise in jurisprudence [fiqahah], God-wariness [taqwa] and executive and administrative acumen. Of course, each of these three general qualifications has its own secondary parts and aspects which are not part of our present concern. Presently, we will focus more on the general rather than the particular.

An examination of the legitimacy of government in political philosophy

This is one of the profound topics in political philosophy which has been examined in various forms based on different schools of thought and is expressed diversely. One of these expressions is “social power” which government officials must possess. The question now is: From where does a government acquire “social power” legitimacy, the right to take charge of

government and implement law? On what basis does a person acquire the right to occupy the highest post in government? In a country of 60-million population with many experts, highly educated and meritorious figures, why is it that only one person occupies that highest post? Who grants him this power? Basically, what is the criterion of legitimacy of government and government officials?

The different political and legal schools have given diverse answers to the abovementioned questions, but the answer which is shared by the world today is that power is granted by people to the ruling body and chief executive. This power is granted to a person only through the general will and approval of people, and other ways of transferring power are illegitimate. It is not possible for a person to inherit such power from his father. In monarchical systems the notion is that power or sovereignty is hereditary. When a monarch dies, power is transferred to his son as an inheritance. This hereditary power is transferred from father to son, and people have no role in it.

This form of government still exists in some countries but the dominant culture in the world today and world public opinion does not accept this system and theory. Assuming that a person deserves to rule the people, it does not follow that after him his son is definitely the most competent person to take charge of government. People do not consider it as the most appropriate option. Besides, they clearly witness that there are others far more competent than the person who inherits political power.

It is on account of the unpopularity of the monarchical system that monarchy has become ceremonial in nature and its power delegated to a person elected by the people, for example, the prime minister. In reality, in those countries only the royal title remains for the monarch and actual power lies with the elected representative.

In the dominant democratic system of today, the person who is competent to take charge of government and executive power is the one who is elected by the people, and it is only through their will that the government acquires legitimacy. Of course, there are different forms of elections and the people’s will is manifested in different countries in different ways. In some countries, the chief executive is elected through the direct vote of the majority of people while in other countries the chief executive is chosen by parties and deputies elected by the people. In reality, the parties and members of parliament serve as the medium between the people and the chief executive. In any case, once a person is directly or indirectly elected by the majority of people, the power to rule is granted to him and thereby, as the chief executive he assumes the function of leading and guiding society.

According to this contract, during a temporary period of two years, four

years, eight years or even a lifetime, the people are subject to the command and order of the elected ruler in accordance with the law accepted in various systems and countries.

Under this assumption, the power of the law enforcer or his government is derived from the people. He will not succeed, if the people do not approve of him. This idea or theory has various dimensions; philosophical, anthropological, conventional and empirical. Having experienced and observed the various forms of government, a given form of government has been identified as the best and most efficient form.

Once the legitimate government is formed, the people are bound to accept its laws and agree on following and obeying it. The Islamic system tackled and accepted this matter prior to its discussion in other schools and societies. The participation of people, their election of government officials and public consensus on it has long been theoretically discussed in Islamic society. Besides, it has also been put into practice. Imposing authority on others on the basis of inheritance or by the use of force is not only doomed to failure but also condemned by Islam. Thus, though Islam acknowledges the necessity of public consensus the question is: Is public consensus and people’s acceptance enough for the legitimacy of government according to Islam, or legally speaking, does the Islamic government only do what is approved by the people?

In some newspapers, articles and books, it is written that in the world today acceptability [maqbuliyyah] and legitimacy [mashru‘iyyah] go hand in hand. The basis and proof of a government’s legitimacy and right to rule is that the majority of people vote for it. In other words, legitimacy emanates from acceptability. Once the people accept a person and vote for him, his rule shall be legitimate and legal. This is the democratic viewpoint generally accepted by the world today. Our question is: Does Islam accept this view?

Difference between Islamic and liberal perspectives on legitimacy

In reply, it must be stated that what is discussed in the wilayah al-faqih theory and preferred above all forms of democratic governments is that the basis of a government’s legitimacy and legality in Islam is not the people’s vote. However, the people’s vote is like the body while the soul of legitimacy is the permission of God. A Muslim regards the universe as God’s dominion and believes that all people are His servants, and for this reason, there is no difference among individuals as they are all equal in servitude to God. As the Holy Prophet (s) says,

أَلْمُؤْمِنُونَ کَأَسْنَانِ الْمَشْطِ یَتَسَاوُونَ فِی الْحُقُوقِ بَیْنَهُمْ

“The believers are like the teeth of a comb; they are all equal in rights.”⁽¹⁾

So, as servants of God, all are equal and as such there is no difference and distinction between them. All humans are equal in humanity and none is superior to others. Man and woman, white and black are all equally and essentially human. How, it can be asked, and on what basis does a person acquire power through which he exercises sovereignty over others? We accept that the law enforcer must possess brute force which he can employ in times of need. We stated that executive power without brute force cannot perform its duties and the raison d’être of executive power is nothing but brute force through which it compels people to obey the law.

Now, if brute force is not at work and the government can call on the people to obey the law by means of mere counsel and admonition, the presence of the ‘ulama’ and moral teachers would suffice. The philosophy behind the existence of brute force is that it can be employed in times of need to deter any violation of law, so that anyone who infringes upon the property and honor of another can be apprehended, imprisoned or punished.

The execution of punishments prevalent in the world today and also determined by Islam for violators—one of which and the most known is imprisonment—deprives man of some liberties. A person forcibly confined to an enclosed space has been deprived of his most fundamental freedom. The question is this: On the basis of which right can a person deprive a violator of his freedom? Law enforcers’ power to deprive a violator of law of his liberty and rights must be legitimate and rightful.

It is true that the offender must be punished, but why is this punishment exercised by a certain person and not just anyone? Selection of a given person for implementation of law and bestowing of legitimacy to his action must have some basis, because his action is an exercise of authority over human beings. He who imprisons the criminal actually exercises authority over his being—depriving him of freedom and rights, confining him to a limited space and not allowing him to go wherever he likes. He is like a king who is punishing his own slave.

Since dealing with criminals and violators means deprivation of their freedom and rights and is an exercise of authority over human beings, in the Islamic perspective, the basis of legitimacy of executive power is something more than majority vote. The basis of legitimacy is the permission of God because human beings are all servants of God and He has to grant permission to others to exercise authority over His criminal servants. All people—including criminals—have freedom and this freedom is a divine

grace bestowed on all human beings and no one has the right to deprive others of this freedom. The one who has the right to deprive others of freedom is the Master of them all and that Master is none but God.

As such, in the Islamic perspective and approach, in addition to that which is regarded in all humane and rational systems as necessary for the formation of executive power and in essence government, another basis or criterion is also necessary which is rooted in Islamic beliefs and tenets. According to our beliefs, God is the Lord and Master of the universe and mankind. Such belief demands that exercise of authority over His creatures must definitely be done by His leave. On the other hand, laws that define crooked actions and consequently restrain liberties cannot be implemented by the citizens themselves as it requires an institution to pursue their implementation. Consequently, a government or executive power possessing brute force must be formed.

Undoubtedly, a government or executive power cannot function without exercising authority over God’s creatures and restricting the liberties of individuals. We have stated that exercise of authority over creatures, though only in the form of restriction of freedom of the criminals and offenders, is justifiable for the One who has such a prerogative, and this prerogative or merit is delegated to others by God only because He is the Master and Lord of mankind and He may authorize the government to exercise authority over His creatures.

The advantage of the theory of wilayah al-faqih over other theories about government introduced in political philosophy is that it is rooted in Islamic doctrines and monotheism [tawhid]. Under this theory, the government and the exercise of authority over people must be sanctioned by God. On the contrary, to believe that to exercise legal authority on the action and liberties of others does not require the permission of God is a sort of polytheism [shirk] in the Divine Lordship [rububiyyah].

That is, if the law enforcer believes that he has the right to exercise authority over the servants of God without His permission, he actually claims that just as God has the right to exercise authority over His servants, he also has the same right over them, and this is a form of shirk. Of course, it is a form of shirk which does not render a person as apostate [murtadd]; rather, it is a lower form of shirk which is equivalent to transgression and disobedience, which is a not a minor sin. How can a person consider himself equal to God and claim that just as God exercises authority over His servants, he also has the right to exercise authority over them by relying on their vote? Do the people have any authority that they can delegate to others? The people are all servants of God and the authority over them is in the hands of God.

If we correctly analyze the Islamic perspective and approach on governance, we will arrive at the conclusion that in addition to that which is acceptable to

all rational people in the political systems in the world, there is another thing that must be taken into account, and that is the government’s need for the permission of God to exercise authority over His servants. According to this theory, the legitimacy of government is derived from God while the acceptance and vote of the people is the condition for the formation of government.

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

Exclusive functions of state

Apart from the necessity of guaranteeing implementation of laws, there are also other reasons behind the exigency of government or executive power. It is by means of considering the aggregate of these reasons that it becomes possible to logically explain and justify the government’s set of obligations and prerogatives. If the duty of government were only implementation of laws and ensuring their implementation, such purpose would be met by organizing the armed forces. Yet, governments, including the Islamic government, have other obligations, such as providing for public needs of society, which are beyond the limited domain of individual action.

Sometimes, we study the life of man and examine his needs as an individual. Naturally, the person concerned must meet these needs through hard work by acting within the framework of rules and regulations. However, some needs are related not only to the family or a certain person but to the whole society or a wide section of it. For example, internal and external security is a public need. Designing the necessary means to combat domestic violence, law violation and insecurities and organizing a potent defense force to resist external enemies that threaten the Islamic country are not related to a specific section of society. They are related to all members of society. Since a certain person or a few people are unable to meet such needs, they must be met by the whole society. No doubt, by introducing rules and taking necessary steps, the government on behalf of society can meet such needs.

An organized movement and effective and appropriate military force is needed once there is a threat along the borders. In reality, the all-out participation in a defensive war must be based on law. Here, personal and

subjective operations and activities based on personal preference cannot bring any good result and cannot stop the enemies’ satanic forces and their organized and well-planned military manoeuvres. Through efficient programs and schemes designed by an organization which is comprised of military experts, who are familiar with the dangers posed by the enemy and their level of facilities and capabilities, military forces must be organized for war operations. Such need can be met only by an organ which enjoys full authority over all members of that society.

By designing special programs and rules, it is the government which can mobilize people to participate in the war to thwart the danger to their country. In addition, to be prepared to confront external and internal threats, necessary defensive armaments and facilities must be acquired and efficient military training of individuals must be taken into account so that the country can have sufficient guards for external threats, as well as for internal security. This important task can only be shouldered by the government whose orders are obeyed and regarded as binding by the people.

The examples mentioned in relation to the second reason behind the need for government, i.e. meeting the public needs of society, give importance to defense issues of the country and confronting external enemies. In our country, the armed forces, comprising of the army and the Islamic Revolutionary Guard Corps (IRGC), are discharging this crucial and vital duty. Also, the examples we mentioned in relation to the first reason, i.e. guaranteeing the implementation of law, pertain to the maintenance of internal security and practical ways of compelling offenders to obey the law. This important duty has been placed upon the disciplinary forces.

Among public needs which cannot be met by individuals and must be addressed by the state are the medical needs of society. Society has always been on the verge of succumbing to contagious diseases some of which pose serious threats, and if not prevented can cause heavy human loss. In the past, human societies had been afflicted with contagious and infectious diseases such as cholera, plague, and small pox which caused heavy human losses because of the lack of advanced knowledge in medicine and hygiene and overall programs. Through interstate programs and the use of obtained knowledge and facilities in medicine today, prevention and elimination of those diseases became possible.

For instance, infantile paralysis (poliomyelitis or polio) caused heavy human loss to us, but through planning, grand medical activities and initiation of vaccination programs, our country has obtained valuable results. Undoubtedly, without state planning and public participation, such programs could not have materialized. A power superior to that of individuals, i.e. the government, by planning, providing facilities, issuing required orders, and codifying special rules and regulations must take a step in the scene of action and people must follow

government orders so that society’s health need can be met and the root of diseases that threaten society be eliminated.

Similar to the above is the war against the smuggling, distribution and use of narcotic drugs, for this ruinous catastrophe seriously threatens the physical, psychological and emotional wellbeing of society. Without interference of the state, serious steps and well planned programs, it will not be uprooted, nor the limited measures of individuals make considerable difference. As such, because of the multiplicity of those needs and the difference among them, a ministry has been considered for meeting each of them

Of course, individuals can meet many needs of society, but the motive to meet them does not exist in everybody nor is it equally strong. Left to individuals, they cannot be met satisfactorily and sufficiently. Some sections of society will still be deprived of those facilities and needed things. Therefore, meeting those needs has also been delegated to the government so as to avoid any shortcoming. For example, people can be entrusted with the construction of schools, learning centers, academic curricula and provision of the budget needed by those centers throughout the country as done before.

Today, in some advanced countries, the administration and maintenance of many of these centers has been entrusted to the people but, unfortunately, all individuals do not have a strong motive to construct or provide the budget for those educational institutions where children can pursue their studies on different levels. Of course, we do not deny that there have always been philanthropists who shoulder heavy expenses of construction of schools, but their activities are limited and do not cover all levels of society. If the government delegates this need to volunteers, the interests of society will not be ensured.

Therefore, the government must have a pertinent program and policy in order to serve the interests of society. The budget for these needs must be allocated by the people. That is, by levying taxes and other custom duties and considering necessary ways, the government must make people pay the expenses for those needs, or itself provide the budget through national resources. Whatever means are employed, education must be at the disposal of all members of society for its welfare. If circumstances change and some volunteers shoulder the expenses of building and administering academic centers, a heavy burden will be removed from the government’s lot.

Dual structure of functions of state

Certain responsibilities may be delegated to the people. But the government cannot delegate some important duties to the people; for example, the portfolio of defense and war with the enemy cannot be handled by unorganized individuals and groups. Policymaking, planning, budget allocation, and meeting the needs of

this vital and fundamental issue must be entrusted to government alone. Of course, after assuming the responsibility of war and defense, planning, policymaking and facilitating ways, the government can permit people to voluntarily take part in the war as popular mobilizing [basij] forces, and defend the Islamic country and government.

Therefore, there is no need for the government to assume all social responsibilities. In fact, people themselves can shoulder many responsibilities and voluntarily provide the pertinent budget. It is true that the government must play a pivotal role in order to have cohesion and avoid any discordance, make room for public participation and assumption of responsibilities, design overall and long-term programs. The main role of some ministries is policymaking and the rest of the work is done by the people.

For example, the main function of the Ministry of Trade is not to engage in trade, as, in principle, domestic and foreign trade must be carried out by people. Because of abuses committed by those affiliated with the monarchy during the previous regime, in high-level commercial transactions whose benefits the masses were deprived of, it is stipulated in the Constitution that trade and high-level commercial transactions will be carried out by the government.

In principle, business and commercial activities must be carried out by the people and not the government. It is known that the government is not a suitable trading agent. Once it directly engages in commercial activities, it fails because in trade and industry, and in economic affairs in general, personal motivation and group competition play a very important role, and when properly guided, such motivation brings about progress, development and dynamism in trade and industry. Once trade becomes a state affair, motivation no longer exists. As a result, no progress is made.

In totalitarian governments and centralized states such as the socialist and communist regimes in China, Cuba, the erstwhile Soviet Union, and countries of the former Eastern Bloc, the state directly assumes all activities, policymaking and planning, and in all economic, commercial, industrial, and agricultural activities people do not play any role as the state’s executive agents. All affairs are entrusted to the state, and the people, i.e farmers and factory workers, work as public workers and wage-earners. Contrary to this, the Islamic government believes in principle that functions that can benefit by being entrusted to the people should be handed over to them and their ownership and autonomy respected.

Need for organizations dealing with low-income strata of society

As indicated, public centers must be established in society so that the low-income strata that cannot meet some of their needs can benefit from the facilities and services of those centers. For example, there is a need for special medical

centers with free medication to serve those who cannot afford their medication expenses. As such, hospitals have been built for this purpose within the framework of social insurance law. In advanced countries such centers render extensive services to the people by exempting them from paying medical fees, and the state is obliged to provide medical expenses for people through taxes or national resources.

Once the taxation system is formulated for the procurement of a part of the state budget, including social and medical insurance, the people are obliged to pay their taxes according to the low. In advanced countries complex methods are used through which no one can evade taxes. The tax-payers also enjoy the benefits and utilities of taxes, but the low-income and vulnerable strata benefit from the free services of social and medical insurance. But the question is: Is it better to entrust public welfare activities and building medical centers to the people so that patients can benefit from their services, or the state should compel people to pay taxes and itself engage in constructing medical centers so that the low-income strata can benefit from their services?

Indisputably, the first option is better and more desirable. This option is preferred in the philosophy of Islamic laws. In Islam the people have been recommended to spend some of their earnings on public welfare works and let others benefit from them, for in this way, the value of charity will be preserved and the doers will attain self-perfection and otherworldly rewards, while the needs of society will be met. But if people are compelled to give a portion of their earnings, the value of volunteerism will be lost and they will not earn any spiritual reward nor acquire perfection.

The institution of pious endowments is an example of the voluntary work of charity by our benevolent Muslim people throughout history which has brought enormous benefits to our society. It can be said that there is no village in this country which has no pious endowment benefiting people. However, in recent years, unfortunately, this endowment has diminished and fewer people establish pious endowments, notwithstanding the value, nobility and sanctity of this pleasing-to-God work. In addition, we have many pious endowments which are either forgotten or not properly managed.

No doubt, if a pious endowment were revived and its status recognized again, many of the needs of the state would be met, and if many pious endowments were reestablished, a heavy burden would be removed from the state, and thereby, the people would also receive more spiritual rewards. Once the people engage in charity work out of their own freewill and volition with more freedom and autonomy of action, the more rewards they will receive.

However, if people do not take any action and social needs are not

sufficiently addressed, the state becomes duty-bound to compel people to pay their taxes through the enactment and implementation of compulsory laws, and satisfy social needs.

The Islamic paving of ground for public participation

Entrusting affairs to people and paving the ground for public participation in various social arenas, like meeting extensive social needs, is recognized as among the characteristics of civil society. Of course, “civil society” and many other terms that originated in the West have different meanings and are sometimes exploited. However, we consider those terms in accordance with concepts acceptable to us. For instance, different, and at times contradictory, conceptions and interpretations of “civil society” have been presented.

One of the meanings of “civil society” is that as much as possible, social works must be taken from the state and entrusted to the people themselves. As much as possible, the people should voluntarily be ready to engage in social activities and only in times of necessity should the state interfere. Of course, in all countries overall policymaking in social affairs is undertaken by the state and practical programs and various phases of implementation are undertaken by the people.

Undoubtedly, the above conception of civil society is a fundamental Islamic principle in which Islamic society, and the City of the Prophet (s) [madinat ’un-nabi] has been anchored since the beginning. Initially, the Islamic government or state was not undertaking all social activities. It was the people who were undertaking most of the social activities but gradually, with the progress of society and the emergence of new needs, the state of affairs became such that common people could no longer meet their needs and an organized institution like the government had to meet those needs.

For example, the need to illuminate a city before could be met by placing torches in the alleys and streets, and by doing so, the people could pass by at night. Naturally, the said need at such level could be met by people themselves. Nowadays, however, by using electricity to illuminate a city and its residential areas, the people alone cannot meet this need satisfactorily. So, the state has to provide the necessary means to meet that need.

Factors undermining public participation

Generally, two factors undermining public participation in meeting public needs can be mentioned. The first factor is the daily increase of needs and the complexity and specialization of the process of meeting those needs. This condition practically deprives people of meeting those social needs and makes it the government’s responsibility to fill the existing vacuum.

The second factor is the weakening of moral and religious values and the

prevalence of profit-oriented Western culture among people which urges them to help themselves rather than others. Western culture is based upon profiteering, individualism and freedom from responsibility, which prevailed in the West after the Renaissance and gradually permeated Muslim countries and weakened the spiritual and moral motives of Muslims.

It dissuaded man from thinking for others and helping the needy and activated the sense of indifference towards fellowmen. This culture persuades a person to avoid accepting social responsibilities and only pursue his interests. This culture is diametrically opposed to Islamic culture which has been prevalent for centuries among our people, urging them to think about the interests of society and serve the needy.

Heedlessness to Islamic traditions and values and penetration of Western culture in recent years has hindered the thriving of the noble tradition of pious endowment [waqf] and the number of endowed buildings and lands has tremendously decreased compared to the past. Also, other voluntary public welfare works have diminished and the spirit of civility which existed in Islamic society has weakened. As a result, the government’s obligation has multiplied and its burden has become heavier. If by the blessing of the Islamic Revolution, Islamic and human values are revived and people pay heed to their spiritual, moral and religious responsibilities by engaging in charitable work, the government’s burden of responsibility will decrease and it could entrust some of its responsibilities to the people. This state of affairs, in a sense, will be a return to Islamic civil society.

Status of civil society in Islam

I would like to emphasize that civil society in this sense is rooted in Islam and the apostolic invitation of the Prophets (‘a), but having drifted away from Islam, we have drifted away from it. Now, with the blessing of Islam, we need to return to it. The West is not supposed to guide and direct us towards the establishment of civil society. It is actually we who are supposed to hold them under obligation, for during the apex of Islamic civilization most of the Western societies were quasi-barbarians. Islamic culture and civilization gradually civilized them and they acquired the civil society from Islam. Today they claim to be exporting the salient features of Western culture to our country and civilizing us!

Thus, the ideal civil society is rooted in Islam and Islamic civilization, and by returning to Islam this civil society will materialize. Yet, “civil society” has also other meanings which are unacceptable to us. Nowadays, in the West “civil society” is used in opposition to “religious society” and it refers to a society in which religion does not rule and has no role whatsoever in social organizations and activities. In such an irreligious civil society—

which is extensively promoted today—all members of society have equal opportunity to occupy all government and public posts.

If they say that Iranian society must be transformed into a civil society, it implies that a Jew could also become the president of Iran because all human beings are equal in humanity and we have no first or second class human beings. Under the rubric of “civil society” they are striving for the official recognition of an atheistic and deviant sect affiliated with Zionism. Under the pretext that all human beings are equal, they want members of notorious groups inclined towards America and Zionism to also have the chance to occupy important positions, such as the presidency.

If we claim that to some extent distinction among citizens is present and accepted, this is because in occupying certain political posts, some qualifications have been laid down in the Constitution, and God also says, thus:

وَلَن یَجْعَلَ اللّهُ لِلْکَافِرِینَ عَلَی الْمُؤْمِنِینَ سَبِیلاً “And Allah will never provide the faithless any way [to prevail] over the faithful.”⁽¹⁾

Such a view is not inconsistent with civil society. According to Islam, “civil society” in which disbelievers and Muslims have equal rights and opportunities to occupy political posts is not acceptable. We openly announce that Islam does not allow disbelievers to prevail over Muslims in Islamic society. Neither does it allow a Zionist-affiliated atheistic sect and party to obtain official recognition. It makes no difference whether they label this difference in rights and qualifications as “discrimination in citizenship” or any other.

New ways of opposing Islamic criteria for selection

Today, those who are associated with the Global Arrogance inside the country are striving to promote Western liberalism and democracy by raising the slogan of equality among men and citizens. They want to inculcate the belief that there is no difference between human beings as they enjoy equal rights, and their views must receive equal attention while codifying laws of the country. Of course, human beings do not belong to different classes according to Islam. In this regard, God says:

یَا أَیُّهَا النَّاسُ إِنَّا خَلَقْنَاکُم مِن ذَکَرٍ وَأُنثَی وَجَعَلْنَاکُمْ شُعُوبًا وَقَبَائِلَ لِتَعَارَفُوا إِنَّ أَکْرَمَکُمْ عِندَ اللَّهِ أَتْقَاکُمْ... “O mankind! Indeed We created you from a male and a female, and

made you nations and tribes that you may identify with one another. Indeed the noblest of you in the sight of Allah is the most God-wary among you...”⁽¹⁾

In the above verse, human beings have been declared equal in their intrinsic and essential qualities, and thus, difference or classification among them is inconceivable. However, the latter part of the verse points to the contingent [‘aradhi] differences.

That is, some valuably acquired characteristics and attributes make some of them superior to others. As such, the God-wary people have a sublime station in the sight of God, and it cannot be said that all human beings are equal before God. Similarly, in view of differences between individuals due to possession of merits and qualifications, they differ in capability and cannot hold any post that requires specific qualifications. For example, in all parts of the world an illiterate person can not be President. Can it be said that considering the condition of literacy for the assumption of the presidential post is contrary to the equality of men? Does it mean that human beings have two classes the literate and illiterate?

In all parts of the world special conditions are taken into account for key positions such as the Presidency. The Islamic nature of our political system has also laid down certain conditions. The President must have sufficient literacy and education, be a devoted supporter of Islam and not be associated with an enemy of Islam. These are in accordance with Islamic principles. So, if the condition of being Muslim is stipulated for becoming a Majlis deputy or occupying other posts, this does not mean discrimination of human beings according to classes. In Islamic society, commensurate to the rights and obligations that Muslims have in lieu of the khums and zakat they pay, distinct rights and obligations are considered for followers of other religions. This does not signify a discrimination of human beings according to classes, though it can be said that those differences are related to classes of citizenship.

To claim that the position of the Supreme Leader, Presidency or other key and strategic posts can be held by those opposed to Islam and the Islamic system and who do not accept the Constitution, is equivalent to entrusting Islam to its enemies! Such a thing is neither rational nor possible, and if, God forbid, some would like to do so, Islam will not allow them because God has not given the faithless dominion over the Muslims and does not accept such domination over Muslims. This is our belief and we do not care if they accuse us of classifying citizens.

Need to preserve Islamic values and principles and counter enemy plots

Equality in humanity does not necessarily mean equality in rights. It is true that human beings are all equal in humanity but they are not so in human virtues. In Islamic society, therefore, many posts and positions must be entrusted to people who have the necessary merits and qualifications. As such, the Leader must be a faqih so that he can supervise the implementation of Islamic laws, for he can not successfully supervise if he is not familiar with Islam. Also, the President must be a Muslim. A Jew or a Christian cannot rule over a population of 90% Muslims.

We should not worry if newspapers and pens in the hands of those who are affiliated with the Global Arrogance accuse us of believing in second class citizens. Nothing more than this can be expected from them; they even deny the essentials of Islam. Through the Islamic system, we must strive to present Islam as it is to the world and not as its enemies project it.

If we say or write something which pleases the American hegemonic power newspapers and mass media and makes them applaud us, we should not be glad. In fact, we should be anxious and worried. It is known that when it was said to Aristotle, “So-and-so applauded you,” he started crying. When he was asked why he was crying, he said: “I do not know what foolish act I have done that has pleased that ignorant person!” If we do something for the benefit of our enemies and present Islam in a manner that is pleasant to them, we have served the enemies and not Islam! We have to defend the Islam which has been introduced by the Prophet (s) and the Ahl al-Bayt (‘a) to us, and not the “Islam” which the enemies dictate to us.

We cannot consider Muslims and non-Muslims as equal in holding key national posts. How can Islam allow us to officially recognize a religion which is affiliated with International Zionism, for the sake of “civil society”?

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

Fundamental difference between government in Islamic and secular systems

The special function and duty of government is to meet the needs of society and implement laws.

On legislation, we said that in terms of function and extent, laws in Islamic society are different from secular societies. In secular societies laws are ratified and implemented with the purpose of meeting only the material and worldly needs of people. It is even stipulated in some political systems that the government must not support any religion and no sign of advocacy and profession of religion be seen in government institutions or public activities.

In the Islamic system, however, law is meant to ensure not only material interests but spiritual interests—nay, it gives priority to spiritual interests. This point is also raised in relation to executive power. In the Islamic system, the government must ensure implementation of laws which are related to people’s lives as well as to their spiritual and otherworldly affairs.

For this reason, in the discussion about legislation we said that it is necessary for Islamic laws to ensure spiritual interests; rather, to give priority to them. It is the duty of the Islamic state to also engage in implementing laws related to spiritual interests, divine rights and Islamic rites, and prevent violations and affront to Islamic sanctities. This issue is among the most important duties of the Islamic state.

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

It is often observed in some periodicals and speeches that apart from meeting the material needs of people, maintaining the country’s security and preventing chaos and disorder, the state has no other duty, and addressing spiritual interests and religious affairs is within the realm of responsibilities of the ‘ulama’ and Islamic seminaries! This outlook is a reflection of the influence of Western culture and secular thought. As stated earlier, among the prominent manifestations of Western culture is secularism, which separates religion from politics.

In laic and non-religious governments worldly activities and affairs are related to politics and statesmen, and spiritual affairs intentionally not related to the state. If certain people want to engage in spiritual and religious affairs, they have to spend their own personal time and facilities for that purpose, and government facilities can not be used because the state has no obligation with respect to the religious needs of people. On the contrary, in Islamic culture the most important duty of the Islamic state is to protect Islam, promote Islamic rites in society, avoid their being forgotten, and prevent insolence and affront, God forbid, to Islamic sanctities and rites.

Advancing the notion that “The state should not interfere in religious affairs” by those who do not accept Islamic culture and follow Western culture is not unexpected. Our difference with them is a fundamental one, the bone of contention being whether Islam is the truth or not. This statement is not that of a Muslim who believes in Islamic fundamentals, but someone who does not understand Islamic culture properly.

State’s mission to preserve and promote Islamic mottos

In addition to responsibilities commonly assumed by secular and religious states, the Islamic state is duty-bound to implement Islamic rites. Of course, people can voluntarily engage in some Islamic rites such as observance of congregational prayers, holding of celebrations and mourning ceremonies, administering religious schools, and building national religious centers in charge of holding Islamic rites. Among these centers the Islamic seminaries, as among the most important religious institutions, engage in the preservation, protection and promotion of Islamic rites and culture by spending religious funds paid by the people and without receiving any budget from the state.

But people’s involvement does not mean robbing the state of its obligation, and it is not true that the state does not have any responsibility in these matters. In fact, if the voluntary acts of people are not enough, the state must take necessary steps. For example, Hajj /pilgrimage is a devotional act and must be performed as an obligation by any physically,

mentally and financially capable Muslim [mustati‘].

The fuqaha, by citing traditions [ahadith], in their books on jurisprudence, have written that if the situation is such that in a Muslim society and country Hajj does not become obligatory on anyone because no one can afford the traveling expenses; or those who are physically, mentally and financially capable, on whom Hajj is obligatory, do not voluntarily go to perform it and the House of Allah is devoid of any pilgrim, it becomes obligatory upon the Muslim states to dispatch a group of pilgrims by spending from the public treasury, so that the performance of Islamic rites which preserve the interests of all Muslims should not be suspended.

Thus, it is true that Hajj is a devotional affair and cannot be directly considered a political and mundane affair and people are obliged to perform it and spend their personal money on it, but if people refuse to perform it or cannot afford to do so, the Islamic state is obliged to provide facilities and grounds for the performance of this divine obligation with the aim of preserving Islamic rites and ensuring implementation of laws.

Therefore, the fundamental and basic difference between the Islamic and secular states is that the Islamic state, before anything else, must be concerned with the performance of religious rites and implementation of social laws and ordinances, and give priority to them. Of course, in practice there is usually no contradiction between spiritual and material affairs, but should there be any contradiction, spiritual affairs must be given priority.

Thus, the Islamic state’s foremost obligations are the performance of Islamic rites, preservation of Islamic laws and culture, prevention of any action that weakens Islamic culture and propagates atheistic rites in society.

Methods employed by the state to fulfill its responsibilities

As said earlier, the state must take charge of meeting the needs of society related to war and defense. The burden of planning, policymaking and implementation of such matters is shouldered by the state. But in addition to duties which must be performed only by the state, the Islamic state has to play a role also in meeting some needs of society, and this is done in two ways:

(1) the state takes charge of only planning, policymaking and supervision of implementation, and does not intervene in the implementation directly

(2) in addition to planning, policymaking and supervision, it also engages in implementation.

To elaborate further, let me say that in order to implement and materialize a social project, first of all, the purpose of the project must be explained and thus general policies and basic courses of action be drawn accordingly. Then, for implementation of those policies detailed and minute planning must be done. A project must have a specific timetable, its beginning and

completion must be specified and its budget provided.

Next, the group that is supposed to implement the project must be organized. It must be specified how a given project is to be completed, the hierarchy of implementers and workers provided and their statuses and functions determined.

Consider for example the Imam Khomeini (r) International Airport Project. Initially, there was a debate about the necessity or otherwise of implementing the said project, related to the overall planning and development in the country. After accepting the necessity of the project, its implementation was planned and its scope, facilities, amenities, plan and design was specified. Then, the qualifications of the contractor and implementer of the project, its timetable and budget was determined, and finally, tenders were called for so that it could be awarded to the lowest bidding contractor.

In such cases, the government, after policymaking and planning, also takes charge of implementing the project and commissions a government ministry to implement it and allocates a budget, utilizes facilities, manpower and government services; or after expressing commitment to implement the project it allocates a budget for it and employs a company to implement it. In both cases, the government has committed to implement the project. Yet, it is possible that after policymaking and planning, the government will only supervise the implementation of the project. That is, the government will send inspectors to supervise the process so as to prevent violation of laws and rules, improper implementation of design and misappropriation of public funds to ensure that the project is implemented according to the original policy and within the framework of national interests.

Model of totalitarian and liberal states

With respect to social issues, duties and needs such as those pertaining to war, training and education, health, medical treatment, hygiene and cleanliness of the environment, which in principle are duties of the government, a question is raised: Is policymaking and maximum supervision the only duty of the government? Or, apart from policymaking and supervision, must the government also take charge of implementation? Which one is correct according to the Islamic perspective? Should administration and budget allocation of elementary and secondary schools and universities be delegated to the government?

Or, is it that some of them should be delegated to the government and others to the people? For example, in many countries including ours, elementary education is compulsory and the expenses for it are shouldered by the government, but the tertiary level of education is not shouldered by the government and it is not duty-bound to admit a student without receiving a fee. As such, in some countries higher education services are not offered in gratis to the people.

In some political regimes and administrative systems, social activities are

undertaken by the state to prevent the oppressive actions of capitalists and those who endanger the interests of society to advance individual interests and personal goals. The emergence of this collectivist thought and the formation of socialist and communist countries was a reaction to the cruelty committed in capitalist countries against the masses.

In Western counties the capitalists committed oppression and tyranny against the deprived and downtrodden to such an extent that this extremist tendency emerged, propounding that all activities must be entrusted to the state which would distribute public benefits and earnings equally among people so that all of them could equally enjoy them. Eradication of oppression of people was the bedrock of socialist thought in the realm of social, political and economic issues which considerably flourished in past decades. in powerful countries like the former Soviet Union, China and their satellites states. Since then, they have been recognized as the archrivals of the capitalist bloc.

This reaction and its slogans gained currency in our country as well and supporters rallied behind it. As a result, in past decades socialist and communist parties were formed in our country but collapsed with the rise of the Islamic Revolution. Historical experience showed that the state’s absolute takeover in economic, political and social domains was an incorrect and ineffective way and led to the disintegration and collapse of the communist countries, especially our great northern neighbor (the former Soviet Union). We all witnessed how communist thought destroyed the economic, social and political foundations of a powerful country like the ex-Soviet Union and led to the dismemberment and downfall of that great empire.

At the opposite end of the communist-socialist thought is liberal-capitalist thought which maintains that all affairs are delegated to the people and they are free to do whatever they like. The state interferes in the realms of social life only to the extent necessary and that is to prevent chaos and maintain security. Naturally, in the liberal system in which individuals enjoy much freedom in social, political and economic spheres, those who have more resources, means and capabilities acquire more capital and gain in all spheres.

In the economic sphere in particular, they are ahead of others in the so-called competitive market. As a result, with the expansion of profitable economic activities, they gain enormous capital. The deprived and weak members of society become poorer and more deprived day by day. This wide economic-class gap, taking possession of national and public capital by a small class in society and the spread of poverty and deprivation in other strata of society, led to mounting public protests, revolt and insurrection against politicians, their expulsion from the political scene and the formation of the communist system—a scenario which seemed to have more advantages for the deprived class. In order to avoid and prevent revolution

and public uprising in liberal countries, amenities were provided to the poor and low-income earners.

In many European countries which are adopting the liberal system, socialist parties are active and even some governments are controlled by socialist or social democratic parties. For example, the Labor Party which sometimes succeeds in garnering the majority vote in forming the cabinet in Britain has socialist inclinations. This inclination, preference and provision of facilities for the deprived classes of society are meant to dissuade them from rising up against politicians, because once there is relative welfare for all strata of society, the deprived classes have no more reason to revolt. Among the amenities considered for the general public are insurance for the unemployed and retired, health insurance and construction of many small houses of low rental value intended for the deprived classes by the city mayor’s office.

Thus, in political philosophy there are two dominant and diametrically opposed theories about state. The first theory is socialism which pays more attention to society and gives preference to collective interests over individual interests. By putting this theory into practice, the state’s interference and control increases in the realms of social life to prevent misappropriation of public funds and oppression against the deprived and downtrodden. Opposing socialism is liberalism. Based on their reasons, the proponents of this theory believe that the state should have minimum interference in the affairs of society. The maximum or minimal extent of interference by the state related to the abovementioned theories can be observed in speeches, articles, newspapers, and books.

Western and European governments are liberal governments. They have delegated government institutions to private companies. For example, the Post and Telegraph Department is not government controlled but rather privately undertaken by companies who control the selling, transport and transfer of telephone lines, and provide different services in various cities. The role of the state is confined to planning and supervising private companies. Similarly, providing water and electricity and other public needs of citizens has been entrusted to the private sector. In our country most of the above are undertaken by the government.

Islam’s idealistic and realistic perspective on state

The question that one may ask is: Which of the two ways is considered more appropriate in the Islamic system? Which is better, to maximize the state’s interference and assumption of control, or to minimize the state’s interference and delegate affairs to the people? As we have said in the previous session, in reality the promotion of massive public participation in various arenas is one of the meanings of civil society according to which

social activities must be delegated as much as possible to the people.

Islam has a moderate perspective on the state which is an amalgamation of idealism and realism. Many of the theories and views presented in class sessions, both at the university and seminary are fascinating, but in spite of being ideal and desirable cannot be translated into action in the practical world. For example, one supposition is that if the moral growth of people reaches a level where all of them observe laws there would be no need for controlling and deterring agents. It is a very attractive supposition but that level will never be reached.

On the other hand, because there will always be transgression in society, it is not justifiable to say that maximum harshness is desirable so that no one dares to violate laws. In Marxist and fascist countries under martial law, government orders are strictly implemented and the police and disciplinary agents are so harsh in dealing with violators that no one dares to violate laws. An example of those countries was our western neighbor (Iraq under the Ba‘athist regime) which imposed an unsolicited war on us for eight years. A powerful police force which deals harshly with any violation and protest is ruling. A person who commits a minor violation is gunned down or executed without any trial or investigation.

When the deprived and poor members of society see that bribery and overcharging are rampant and subject them to unendurable pressure and difficulty, they wish that these profiteers are dealt with severely and some of them executed so that no one would dare to practice bribery and overcharging anymore! In socialist countries, more or less, such wishes are realized, but it must be seen what Islam says about severity to violators and criminals.

Based on what we can infer from the Qur’anic verses and traditions, Islam has considered a moderate and balanced approach for the Islamic state.

In the penal laws of Islam, severe punishments have been considered for some crimes, violations and licentious acts. On the other hand, however, it has also set certain conditions and limitations for proving and establishing these crimes so that in practice only a few cases can be proved. Consequently, those laws and heavy punishments can be implemented only in very rare cases—for example, one or two cases every year. For instance, the Qur’an thus says regarding the punishment for theft:

وَالسَّارِقُ وَالسَّارِقَةُ فَاقْطَعُواْ أَیْدِیَهُمَا جَزَاءً بِمَا کَسَبَا... “As for the thief, man and woman, cut off their hands as a requital for what they have earned.”⁽¹⁾

And regarding the punishments for those who committed licentious acts, it

says:

ٱلزَّانِیَةُ وَالزَّانِی فَاجْلِدُوا کُلَّ وَاحِدٍ مِنْهُمَا مِئَةَ جَلْدَةٍ وَلاَ تَأْخُذْکُم بِهِمَا رَأْفَةٌ فِی دِینِ اللَّهِ إِن کُنتُمْ تُؤْمِنُونَ بِاللَّهِ وَالْیَوْمِ الآخِرِ وَلْیَشْهَدْ عَذَابَهُمَا طَائِفَةٌ مِّنَ الْمُؤْمِنِینَ “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, if you believe in Allah and the Last Day, and let their punishment be witnessed by a group of the faithful.”⁽¹⁾

Yet, on the other hand, Islam has set very difficult conditions to prove and establish the crime of fornication [zina], stipulating that such a decree shall be executed provided that four just witnesses who personally witnessed the act of fornication give testimony in a court of law. In case less than four witnesses be present in court, not only will the crime not be proved but the complainant will be lashed for calumny.

Islam neither obliges the state to meet all needs of society including unnecessary luxuries nor totally forbids it from interfering in social activities. Instead, the magnitude of the state’s interference is in accordance with the changing circumstances which necessitate interference by the state.

Sometimes the situation is such that civil society must be formed based upon the first Muslim community established by the Prophet (s) in Medina in which the guiding principle was that whatever can be done or assumed by the people must be delegated to them. They must assume the responsibility of meeting the primary needs such as training and education, electricity, water and the sewage system, and not allow certain profiteers and opportunists to take advantage and encroach upon the rights of the underprivileged and deprive them of their basic needs. In such a case, the state must enter the realm of social activities to counter the devious plans of profiteering capitalists. For example, if a private telecommunications company offers expensive services to people, the state has to offer cheaper services or delegate to itself all telecommunications services.

Defects of a state’s centralized system

A state’s centralized system or delegation of the main social activities to the state is improper and inefficient for many reasons. For example, if a state wants to meet all the needs of society, it must create government organizations having a considerable percentage of its employees—say, 20 percent—coming from the people. This approach has three fundamental defects. The first defect is that the expansion of the government sector will

entail a huge budget which will cause further problems for society.

The second and more serious defect is that once an organization of such magnitude is created, irregularities within it are greater and ample grounds for violation and abuse within it are provided. For instance, if the state wants to prevent fleecing, it has to assign elite inspectors to report fleecing cases by conducting surprised inspection of shops. Now, if the government assigns an inspector for every shop, you can imagine how large a work force will be required.

Besides, some of these inspectors will violate the law by getting bribes from some shopkeepers so as not to report their fleecing. As a result, a separate department to investigate the performance of inspectors will have to be created. For whatever reason, experience has shown that such schemes are not practically successful as they do not bring any good result. In fact, they cause further violations and bribes.

The third defect of a centralized system which is notably serious according to Islam is, compelling human beings to mold themselves and do good deeds not through coercion and pressure. Man’s action is valuable only if it stems from his own free choice and will, but once compulsion and force prompt man to act, the spiritual and sublime effect considered by Islam ceases to penetrate the soul of man and the ultimate goal is lost.

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

A glance at the state’s raison d’être

We discussed the need of executive power in order to find out its characteristics, duties, and conditions to be met while discharging its duties. As we have said, one of the elements of the state or executive power’s raison d’être is to guarantee implementation of laws. In the Islamic system laws are directly taken from the sacred code [shari‘ah] or enacted by those who have been authorized by the Sacred Lawgiver. These laws must also be implemented. In the first degree, people themselves have to directly implement the laws, preserve each other’s rights and perform their respective duties. In the collective scene, family sphere and realm of international relations, they have to behave within the framework of Islamic laws.

The performance of duties and observance of social regulations requires strong motivation. Common people primarily think about their personal interests and pay less attention to social interests especially if they cause a loss to them. Only those who acquire profound and noble training and education give priority to public interests over personal interests. As such, the reason behind most of the violations taking place in the realm of social responsibilities is a lack of motivation for social responsibilities. So, an individual or group of individuals needs to take charge of ensuring implementation of laws by persuading people to observe the law and punish them in case of any violation.

So, the existence of executive power which implements law by using force is necessary. Initially laws are made for the administration of its affairs. For example, punishments for aggression and encroachment upon the properties of others are determined. Then, if someone violates the law by encroaching

upon another’s property, the executive power punishes him.

In some cases, an ambiguity creates tension between two groups or individuals and a dispute arises between them. It is even possible that none of the parties intends to violate the law but because of their ignorance of what is right, they do not know their own duty and status. In such cases, the judiciary expounds the cases according to the law and determines the rights of both parties and announces its verdict. If the conflicting parties are not satisfied and do not want to abide by the verdict, it is forcefully implemented by the executive. A legal official will also be necessarily involved and be part and parcel of executive power. According to the categorization of many political philosophies, however, judicial power is a separate branch of government distinct from executive and legislative powers.

Under this categorization, the special function of legislative power or legislature, is the ratification of laws, determining rights of individuals and specifying the type of punishment for every violation. For example, according to a certain law ratified by the same legislative power, it is clear whether a certain transaction is valid or not. If there is doubt whether a certain transaction is according to the relevant statutory law or not; whether it is valid or not; or there is a dispute between two parties; it has to be referred to a court of law because, as an integral part of judicial power, the court’s function is to examine the conformity of statutory laws to actual cases.

If the announcement of the judge’s decision says that Mr. “A” has to give a certain amount of money to Mr. “B” and the two parties accept the judge’s verdict and abide by the law peacefully and willfully, the case will be closed; otherwise, the executive power interferes and uses the police force under its command to get the required amount and give it to its rightful owner.

Although one of the main functions of executive power is to guarantee implementation of laws and social decrees, it must be borne in mind that the implementation of laws is not a monopoly of executive power. Others are also expected to implement laws. Similarly, the function of executive power is not only to implement laws, but also engage in making laws in some cases. It is impossible to separate legislation from execution of laws, and their interrelation is more or less accepted by all forms of government.

It is true that the main function of the government or executive power is implementation of laws but in some cases it also engages in making laws and formulating rules and regulations. On the other hand, legislative power also engages in executive work and certain executive works have to be ratified by parliament; for example, signing of contracts with other states and foreign companies on the exploitation of natural resources such as oil and others. It is true that signing a contract is an executive function but without the ratification of parliament, it will never become binding.

So, it is not true that

there is a redline separating the three powers from one another and one can not interfere in the others’ business, i.e. neither the government issue any executive order nor parliament interfere in executive affairs. Still, each of the three powers has its own special function.

However, the Islamic system is different from others with respect to the issue of legislation. In the laic systems, the basis and pivot of law is material collective interests of people and in addition to their ratification, the execution of laws is also based on those interests. In Islam, however, the material and worldly interests of people must be taken into account in legislation but not at the expense of neglecting their spiritual and otherworldly interests. In fact, in the codification of laws spiritual interests take precedence over material interests.

This is the essential and fundamental point that distinguishes the Islamic system from the materialistic, laic and secular systems. Naturally, in such a system, the burden of responsibility of the executive is heavier than that of other systems. That is, apart from urging the people to observe social rights and not oppress each other and prevent chaos and disorder, the executive must also observe Islamic values and implement them.

First principle of human conduct

An important feature of man is the power of will and choice that makes him distinct from animals and angels. Animals are motivated by their instincts and there is no room for choice and selection in them. The level of choice that sometimes exists in them stems from their instincts and they have no rational choice that emanates from intelligence and thinking. An animal which is trained to behave in a certain way and perform a certain action by the order of its trainer does so because there is a certain amount of choice within the limits of instinctive actions.

Angels, however, have celestial and heavenly attributes and they have no inclination or desire to do evil and deviate from truth. They are among the most holy and nearest ones to God and have exalted, pure and spotless stations, but they have no choice. In reality, their nature is based upon unconditional worship, obedience and submission to God. Man—this vicegerent of God [khalifatullah] and carrier of the divine trust—is a being that possesses the power of choice. There are always two ways in front of him and he has two masters and two sources of attraction, one leads toward God and the other toward Satan. He must have the power to choose and select one of these two ways. Once he is deprived of the power to choose and is coercively drawn to a certain way, it means that he is deprived of his humanity.

Therefore, the guiding principle with respect to man’s training—whether in

individual and family issues or social and international issues—is to pave the ground for choice and selection so that he selects the right path by his own choice and freewill, and not by imposition. Sometimes, however, social interests require that pressure must be exerted on man. In reality, the existence of executive power and naked force is based upon secondary, and not primary, interests.

To say that there must be executive power to implement laws and even compel violators to abide by them, in some cases, is contrary to the primary principle. The primary principle is that law must be at the disposal of people who act upon it willfully and volitionally, and no one violates it. No one cheats another, receives bribery, steals, and violates the lives and properties of people. Yet, violation of law is also committed in society and the existence of brute force to prevent any violation of law becomes necessary; otherwise, corruption will engulf the world and there will be no chance of improvement for those who want to choose the right path.

In order to keep the door of correct choice open for the majority of people in society, violators of law must be checked and punished whenever necessary, and thus, give others a chance to improve and evolve. If this is not done, some bullies will threaten the interests of entire society by using physical strength, intellectual power, or satanic ruses, and this will negatively affect the divine purpose in the creation of man.

It is true that in an atmosphere of freedom and liberty, man himself has to choose the right way, but this freedom is not unlimited. Individuals should not be given so much freedom that others’ freedom of choice is closed—in the words of the Qur’an, to hinder others from treading the way of God.⁽¹⁾

Thus, violators must be dealt with so as to remove the hindrances along the way of God. It must be borne in mind, however, that the prevention of violations and use of brute force in implementing law have certain conditions and limitations and must be carried out with precision. In the same cases in which Islam resorts to the use of force in order to secure social interests, it exerts utmost meticulousness and tries to keep the door of return (repentance) open for violators, except in so heavy a crime or offense that it is necessary to put an end to the life of the criminal so as to preserve collective interests and prevent the spread of corruption.

Islam’s instructive approach in enacting penal and criminal laws

Islam has enacted capital punishments for certain crimes, but in order to establish and prove them, it has also laid down difficult conditions, thus

making it very problematic to prove those crimes. In dealing with the philosophy of divine laws, the considered wisdom behind punishments and penalties is the lesson taken from it which acts as a deterrent and thus prevents the spread of crimes and offenses. In order to reach this goal, there must be penalty commensurate to the crime and for heinous crimes capital punishment must be taken into account.

For example, if a light punishment—an insignificant fine or short-period detention—is taken into account for a criminal act like robbery, robbery in society will not stop and the hidden wisdom behind divine punishments and penalties will not be realized.

On the other hand, if it is easy to prove a crime and individuals can easily be punished, execution of punishments and penalties will spread in society because many deserve punishments, and thus the honor and reputation of many families will be tarnished. It is for this reason that Islam has made it difficult to prove a crime. For example, in case of the abominable act of fornication, Islam has considered heavy punishment and even ordered that the fornicators, man and woman, must be punished in public, and social considerations and human feelings must not cast a shadow on the implementation of the divine punishment.

In order to prevent moral corruption in society and family the punishment for fornication must be given in public and one must not shirk executing the punishment under the pretext of a Muslim’s reputation. On the other hand, however, Islam has set difficult conditions for proving such a crime. As a result, very few cases of the crime are actually proven and only a few among the fornicators are punished.

In proving that crime Islamic law has stipulated that four just witnesses must testify that they have personally seen the performance of the immoral act. If only three will testify, even if they are the most just and famous of people in society, not only will the crime not be proven and the accused be exonerated, but the judge will order the punishment of the three and penalty for calumny and false accusation against others will be exerted on them.

The existence of such meticulousness and strictness in the implementation of all laws of Islam, the penal codes in particular, shows that Islam pursues the realization of its lofty goals and aspirations, observes sublime values, but insists on ground realities and is not contented with mere idealism. In fact, the method of Islam in administering society is between idealism and realism and contains elements of both. Islam considers it necessary to observe lofty values and does not allow them to be tarnished in society just as done in non-religious and non-Islamic societies that have brought about widespread corruption and ample ignominy.

With the aim of keeping Islamic society free from this corruption and pollution, Islam has stipulated capital

punishment for corruptors. On the other hand, however, Islam is realistic and accepts the fact that some people engage in corruption and violation of law for more than one reason. As such, it has laid down difficult conditions for proving a crime.

The purpose is the implementation of law by its guarantor using force and compulsion in case of violation, while observing that the action of man is conscious and done out of freewill and choice. On the other hand, the collective interests must be observed and one should not allow individuals to threaten the interests of society by misusing unlimited and unrestrained freedom.

The state’s fixed and alterable duties

Once we take a look at the laws we will find that some pertain to people who are obliged to abide by them, and the role of state in this context is to monitor their activities and present practical policies that invite them to respect law and confront violators. Others pertain to the state which is bound to implement them. These are related to needs of citizens, important economic activities, investment, and services which cannot be rendered by people and even if they are capable, there will be few volunteers to do so, and without them public interests will not be served. Thus, there is need for an organized, cohesive and systematic organization called “government” to render services such as defending the territorial integrity of a country against foreign invasions; administering war and procuring necessary military equipment and armaments; undertaking vaccination programs against contagious and epidemic diseases like polio, which can only be undertaken nationwide and at its opportune time with the government’s management and facilities; maintaining public health and providing medical services and facilities for all citizens; and effectively campaigning against the trafficking, distribution and use of ominous narcotics and drugs and punishing the merchants of death (drug traders).

It is true that by enjoining what is good, forbidding what is bad, not consuming narcotics, and preventing its distribution, people can play a role to a certain extent, but it is beyond their capability to launch an extensive and grand campaign against the ominous phenomenon and their limited facilities are insufficient for this campaign. The same is true in the case of moral corruption which has become rampant. Only the state or government is capable of combating them.

Some laws are concerned with needs that can be met by both government and people, but changing circumstances of time and space as well as social development create different ways of meeting them. Some social activities can be undertaken by people themselves in a simple form and to a limited extent at a given period of time, but with the emergence of new conditions and social development, they become complex and people can no longer

undertake them. It is at this juncture that the state has to interfere and undertake the social activities that become complex. For example, rearing, training and educating children is the duty of all parents or citizens who must strive hard in this connection, but today the situation is such that if there was no strong “Ministry of Training and Education” in the country and laws related to compulsory education were not implemented, the percentage of literacy in our country would fall.

Similarly, in the light of new developments and conditions, issues such as public hygiene of cities and their lighting facilities are assigned to the government. In the past, they were not part of government duties. Some of them like radio and television were never an issue to be assigned to the government. With the emergence of social transformations new duties are assigned to the government—duties which if the government will not discharge will damage social advancement, and as a result, Islamic society will lag behind in the fields of science, technology and industry. Once training and education is weakened, the spiritual dimension of people will also be weakened because spiritual perfection is possible through knowledge and learning, and a society deprived of knowledge is also deprived of spirituality.

In view of what we have said, one can reexamine the status, fixed structure and elements of state.

The elements and constituents of state in the absence of which the state will cease to exist are the following:

But the alterable interests and duties which are not assumed by the government in all situations, and which the people can also assume, and which are assumed by the government with the emergence of new conditions, cannot be considered part of the constitutive elements of state.

Difference in manner of implementing laws between Islamic and other states

After stating the station of the state and its responsibilities, it is appropriate to mention briefly the difference between the Islamic state and other states. In general, the Islamic state is different from secular states in the realm of

laws. The realm of laws is broader in the Islamic state than in other political systems for they also ensure spiritual interests. They also differ with one another in the manner of implementing laws. In playing their roles and discharging their duties, all states are in need of financial resources which are partly procured through taxes collected from the people.

With the permission of wali al-faqih, the Islamic state may also approve and implement a law authorizing collection of taxes from people. The difference between the Islamic state and other states in the implementation of laws that ask for a certain amount of money from the people is that in implementing these laws Islam has taken into account the philosophy behind the creation of man.

In other words, Islam maintains that the actions of man must be done out of his own freewill to contribute to his spiritual growth and advancement. In tax collection the state may possibly resort to the use of force and collect taxes from the people. Of course, in order to minimize the pressure of imposed taxation upon people and avoid their protest, diverse approaches have been adopted in advanced countries of the world through which the people’s sensitivities and complaints are mitigated. One of these approaches is that taxes are to be levied for public needs and primary goods which the people buy on a daily basis. In addition to the original cost of an item which must be given to the seller, a certain amount of tax must also be paid to add to the government’s budget.

Naturally, by paying taxes in the manner mentioned above, no one gets any profit or gain, but even here Islam wants the people to grow spiritually. For this reason, in some cases Islam has not compelled the people to pay taxes and does not dispatch any collector to collect khums⁽¹⁾which is one of the Islamic taxes.⁽²⁾Even in case of zakat which is obligatory upon the Islamic

state to collect, the liberty of people in paying it must be observed. As such, when collectors of zakat refer to people, they neither assess the assets liable for zakat nor determine the amount of zakat.

Rather, the person concerned voluntarily mentions the extent of his yields and the zakat for them is calculated and received. Here pressure, compulsion or investigation is not used to know the truth—whether he is telling the truth or not—except in cases where violations (zakat evasions) are so evident and obvious that the Islamic state would incur heavy losses, or where certain individuals formally declare their defiance in paying zakat. In such cases the Islamic state has to pursue its collection of taxes by all means.

Thus, one of the distinctions of the Islamic political system in comparison to other systems is that even in the manner of implementing laws it has taken Islamic values into account. It is appropriate for advocates of freedom, personal choice and human values, to note that in Islam the utmost rational freedom has been considered for individuals and they are expected to discharge their duties freely to attain nobility, growth, and advancement.

If ever in some cases Islam acts decisively, and in the words of the gentlemen, it acts violently, it is meant to protect the freedom and spiritual perfection of the rest of humanity and keep the way of God open. As a result, society might better be able to tread the path of truth and perfection. In any case, individual liberty is not absolute in Islam. Once this liberty arbitrarily affects material and spiritual interests of society, they shall be restricted. Individuals may receive lashes; a bodily limb of a person may be amputated; or while observing special conditions in very rare situations, a heinous criminal may be executed. These punishments and severe measures must be regarded as a warning to violators of law.

Naturally, once Islam orders the hand of a thief to be amputated, others will see the result of committing theft and the number of robberies will decrease and fewer opportunities for such a disgraceful act will remain. But if lighter punishments for them are stipulated, like imprisonment or monetary fine, the number of thieves will increase. There are even cases where prisoners who are not thieves learn how to steal on account of their interaction and mingling with thieves!

We are not afraid of telling the truth and we declare that in Islam there is severe measure and punishment, and in the words of our opponents, “violence”. There is also harshness vis-à-vis criminals and evildoers as well as the faithless and enemies of Islam. As God says,

محمدٌ رسولُ اللهِ و الذینَ معهُ اشدّاءُ عَلَی الکفّارِ رحماءُ بینهم... “Muhammad, the Apostle of Allah, and those who are with him are hard against the faithless, and merciful among themselves...”⁽¹⁾

In some cases, Islam also regards the humiliation of a criminal as necessary for the people to learn a lesson:

…وَلْیَشْهَدْ عَذَابَهُمَا طَائِفَةٌ مِّنَ الْمُؤْمِنِینَ “…And let their punishment be witnessed by a group of the faithful.”⁽¹⁾

We can see that in some cases Islam and the Qur’an explicitly regard violent actions and even humiliation of a criminal as necessary, and we cannot omit these verses from the Qur’an. Now, if some people consider such actions as repugnant to human dignity, we would like to say that in some cases, acting against the dignity of evildoers and even humiliating them is necessary for the protection of collective interests. In reality, these kinds of severe punishments are not actually violent, rather an arrangement and creation of opportunity for people’s enjoyment of rational social liberty.

Session 29: The Political Hierarchy in the Islamic State

Specific duties of an Islamic government

It would be convenient for our reader to take a quick look at the specific duties of an Islamic government before glancing at its political hierarchy.

Qualifications of Islamic state officials

point

In view of the crucial duties of the Islamic state, the qualifications of officials and workers of the Islamic state in all echelons become clear because the qualifications of officials is commensurate with their duties. Undoubtedly, the heavier and more sensitive the responsibilities, the more qualified the officials must be. The responsibilities of the state in the Islamic political system being heavier compared to other states, the officials of the Islamic state also need to better their qualifications. In every system laws must be implemented but compared to the secular systems, the legal code is broader in the Islamic state.

The objective of law in non-religious systems is to meet material needs of society, maintain social security and prevent chaos and disorder. Such an objective can be realized under easier conditions. Once we add to this objective the protection of spiritual interests and religious values, as stipulated in the [Iranian] Constitution and its implementation entrusted to the Islamic state, the qualifications required for officials in the Islamic political system are more difficult than those of other political systems.

With this introduction, it is now time to state that every implementer of law in all political systems must possess three general qualifications. In addition to religious textual proof for the officials of the Islamic government, the triple qualifications and principles also have a solid rational basis.

1. Knowledge of law

He who wants to implement law must have a thorough knowledge of it and be familiar with the conditions and manner of implementing it. One who is ignorant of the law tends to transgress and fail to implement it, and go beyond the limits of his assumed responsibility. Moreover, in view of the fact that laws of the Islamic system are compatible with the fundamentals of Islam, every employee, official or head must be familiar with the religious laws and statutory laws related to his occupation and responsibility because he is duty-bound to act within the framework of these laws.

For one who assumes a responsibility, acquiring correct knowledge, information and insight of his responsibility is of utmost importance. This knowledge of the type and scope of the responsibility a person assumes is not identical. Sometimes, a person has a small responsibility in a limited and specific unit whose pertinent rules and regulations are not many. In this case, the required knowledge to accept that responsibility is very limited. At times, the scope of responsibility of a person is broader; for example, to be the mayor of a city. In this case, the concerned person must know properly all laws related to administering different sections of the city and the manner of implementing and supervising their implementation.

Similarly, there are

more conditions for assuming more responsibilities, such as ministerial posts and above them the presidential post which is the highest executive position. The person occupying the presidential post must have outstanding knowledge and familiarity with law, and the ideal and best person assuming such a responsibility will be the one with the utmost knowledge of law.

2. Moral excellence

In addition to knowledge of law, the implementer as well as all officials and administrators must also possess distinctive moral excellence so that they do not misuse the posts and facilities at their disposal, with personal and factional motives prompting them to transgress the bounds of their responsibilities. A person may be well-versed in law but once its implementation is inconsistent with his interests, he might be ready to violate it just for the sake of protecting his interests.

There are many examples of such violations by executives and politicians of different countries. It is often read in newspapers around the world that the president of a given country is condemned to some years of imprisonment for financial corruption, or a certain minister or head is convicted by court. The reason is that they do not have enough piety and moral excellence to prefer public interests to their own. Hence, they violate the law.

So, the second qualification of the implementer of law is possession of moral excellence, which is likewise known as a level of God-wariness [taqwa], so that he can resist caprice, desire and personal or factional interests and steadfastly support the truth.

3. Managerial skill and experience

A person may be well-versed in law, pious and of good morality, but not have sufficient skill and the necessary acumen to implement the law, and in practice does not know the actual application of law and manner of implementing it. For this reason, those who are in charge of affairs are religiously forbidden to entrust responsibilities to those who do not have the required skill, experience and efficiency in discharging their duty. So, for an administrator to give a satisfactory and desirable performance, this qualification must be considered in selecting him.

In Islam, as in all political systems these three qualifications are emphasized while choosing administrators and executives, but the second qualification, i.e. God-wariness and moral excellence is particularly emphasized. In other political systems in the world the stress is more on the other two conditions and less on the administrators’ piety and sense of justice. Yes, sometimes this condition is expressed in the form of an absence of criminal records of those who occupy government positions.

Necessity of determining origin of statesmen’s qualifications

A point worth pondering and given attention to in various schools of philosophy is that each of these qualifications has different levels which in turn have different values. For example, God-wariness has various levels and degrees. One of its levels, which is actually the lowest, is the performance of what is obligatory and avoidance of any sin. Another level is that which is possessed by the holy saints [awliya’] and great leaders of religion like Imam Khomeini (r) and those whose stations are near those of the Infallibles. By having this lofty station, they keep their mind or thinking away from insincerities and ungodly thoughts.

Now, which level should be considered as the source and basis of qualifications of those occupying administrative posts? If we consider the highest level of taqwa as the basis, we will face a problem because such people (who have very high level of taqwa) are very few and perhaps only enough to fill in the highest posts in the country but none for low-rank positions. If we regard the lowest level of taqwa as sufficient, we usually find such people violating laws and defeating the purpose of their posts.

This problem has posed as a challenge to those who present practical methods in different realms and domains of human behavior. Concerning the possession of different levels of moral merits, some believe in the principle of “either all or none”.

That is, either a person should have the highest level of moral excellence or the necessity of having moral merit should be neglected. In the different fields of social sciences including moral philosophy, there is a particular group which holds such an idea.

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

Those who are familiar with the epistemological aspect of moral philosophy know that one of the most popular schools of moral philosophy is that of the famous German philosopher, Emmanuel Kant.⁽¹⁾He believed that any action has a moral value once it is done in the best form without any emotional or social secondary intention or motive. That is, if a person wants to do something good and meritorious, he must do so solely because it is good and meritorious, and not for the sake of its perceived beneficial outcome or for emotional satisfaction.

Therefore, Kant does not give any value to the action of a mother who wakes up at midnight by hearing the cry of her baby and

feeds it although according to common people she has done something valuable. According to him, she feeds her baby due to the instinctive emotional relationship between the two. If she does not feed her baby, she will be annoyed, and in reality, by feeding her baby, she satisfies her emotional and psychological needs.

Similarly, if a person does something beneficial for society or tells the truth to gain the confidence of people in social life, his action is devoid of any moral value. Telling the truth has moral value only if a person tells the truth because telling the truth is good. Kant has very high standards of morality. An actual manifestation of his moral philosophy can hardly be found. With the exception of the actions of only a very few individuals, the good deeds of people have no moral value because they are done for emotional contentment, gaining personal, social, and most importantly, spiritual and otherworldly rewards.

So, an action is morally good that possesses all the required conditions and if it lacks even one of the conditions, it has no moral value at all. In other fields including discussions on politics and government, it is also said that a government is rightful when all its officials satisfactorily possess the required qualifications. This reminds us about the establishment of the much awaited government of truth.

Prior to the victory of the Islamic Revolution, some religious yet intransigent and crooked-minded Muslims in our society also had the same notion of government, saying: “We have to think of establishing an Islamic government only when many people like Salman al-Farsi exist in our society so that each of them can be assigned the duties of the mayor of every city or town. So long as righteous and meritorious individuals like Salman are not yet trained, one should not get involved in any revolution or movement.”

This group of narrow-minded individuals believed that prior to the advent of Hadhrat Wali al-‘Asr (may Allah expedite his glorious advent), the right conditions and grounds for an Islamic revolution or movement were not available, so one should not stage a revolution. Accordingly, one should wait for the revolution of the Last Imam (‘a) with the assistance of his 113 distinguished and outstanding supporters to establish the government of justice and equity. They believe that as long as this number of outstanding personalities in terms of morality and piety does not exist, any political movement or step is uncalled for.

Pious and sincere personalities must be available so that all strategic posts and occupations can be assigned to them and no shortcoming or loophole of any kind can take place in administering society. The least objection and criticism that can be raised against this view is that it can never happen in reality. Besides, if, one does not take any step to topple the government in power and establish an Islamic government as

long as the number of righteous, outstanding and distinguished personalities with the highest degree of piety and morality is not reached, then corruption and wickedness in society will increase and prevent positive sociopolitical developments.

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

In contrast to the above single level and one-dimensional value system, in some systems concerning personal and individual actions as well as sociopolitical changes, various levels and diverse schemes have been functioning. In the first place, an ideal scheme is presented and then other schemes with lesser degrees, advantages and conditions, and finally, emergency schemes. In various cases and situations, there is also the “case-to-case basis” permission in Islam.

For example, in Islam it is incumbent upon any person who reaches the age of puberty to perform prayer with utmost concentration and sincerity including all other conditions. But this ruling is not fixed but alterable in emergency and exceptional situations. It is applicable only to the situation when a person is capable of performing prayer with all its conditions and parts, whereas in exceptional and emergency situations some of its conditions and parts are no longer required. In a situation when the person praying must take a bath [ghusl] but there is no water available, or water is harmful for him; or he must perform ablution [wudhu] but cold water (which is the only available) is harmful for him; or he cannot perform ablution, Islam does not accept the notion of “either all or none”.

Islam does not say that one should pray only when all conditions can be fulfilled and do so with utmost concentration and sincerity or not pray. In such cases, instead, Islam has offered man alternatives commensurate with the exceptional and emergent situation he may be in. In the abovementioned example, it has ordained that if a person is incapable of taking a bath or performing ablution, as the case may be, he still has to pray after performing dry ablution [tayammum]; if he cannot stand and pray, he should sit and pray; if he cannot pray while sitting, he should pray lying down. Even in a situation when a person is still conscious but cannot move his body including his tongue, Islam has not exempted him from prayer. Even in such a critical and bad situation he has to pray, but it is commensurate to his condition or situation.

This shows that in the Islamic value system different qualitative and quantitative degrees have been taken into account for sociopolitical and religious obligations, each of which has a value commensurate to its nature. In the first place, the lofty and ideal degree is considered and below it are the second and third degrees until the lowest degree which is related to an emergency or an exceptional situation. The obligation of man in the latter situation is the least that can be expected from him.

Worship has different degrees of value

Another example that can show the fundamental distinction and difference between the Kantian theory and the Islamic viewpoint is the value of worship [‘ibadah] and its different degrees. The highest form of worship is that which is done solely because of love and reverence for God—the same worship the Commander of the Faithful (‘a) described in one of his litanies [munajat]:

اِلهی مَا عَبَدْتُکَ خَوْفاً مِنْ عِقَابِکَ وَ لاَ طَمَعًا فِی ثَوابِکَ وَلکِنْ وَجَدْتُکَ أهْلاً لِلْعِبَادَةِ فَعَبْدتُک.

“My Lord, I have not worshipped You out of fear of Your chastisement or out of greed for Your reward, but I found You worthy of worship so I worshipped You.”⁽¹⁾

In another place, Imam ‘Ali (‘a) divides the worshippers into three groups:

إِنَّ قَوْماً عَبَدُوا اللهَ رَغْبَةً فَتِلْکَ عِبَادَةُ التُّجَّارِ، وَإِنَّ قَوْماً عَبَدُوا اللهَ رَهْبَةً

فَتِلْکَ عِبَادَةُ الْعَبِیدِ، وَإِنَّ قَوْماً عَبَدُوا اللهَ شُکْراً فَتِلْکَ عِبَادَةُ الاَْحْرَارِ.

“A group of people worship Allah out of desire for reward; this is the worship of traders. Another group worship out of fear; this is the worship of slaves. Yet another group worship Allah out of gratefulness. This is the worship of free men.”⁽²⁾

In his statement, Imam ‘Ali (‘a) regards the worship done solely out of gratitude and reverence to God as the highest and most superior, and Islam wants that all believers perform that kind of worship. However, it is clear that not all have the station, capacity and dedication to perform such worship. Such worship can only be done by the sincere awliya’ of Allah whose station is so sublime that they have been annihilated in the Beauty of the Beloved, and even if they are thrown into hellfire, they will not desist from worshipping and calling unto Him. Or, even if they are not admitted to paradise, they will not stop worshipping Him. No doubt, such individuals can hardly be found in millions.

Now, once we accept Kant’s notion of “all or none” and believe that an act is morally good only when it fulfils all necessary conditions and capabilities without even an iota lacking in it, it means that the only acceptable worship is that of the highest degree which is done solely because of gratitude and reverence to God; only the worship of the sincere awliya’ of Allah is accepted, and not the worship of those who desire paradise or are afraid of divine chastisement. Islam does not accept this myopic and bigoted view. In

order to facilitate the servants of God and remove any hardship or difficulty along their way, Islam has considered varying degrees as far as worship and other obligatory acts are concerned—degrees which begin with the least required capabilities and conditions, i.e. possession of the minimum valuable quantities, up to the highest degree or level which has all the required capabilities and conditions and to reach it means attainment of the highest spiritual station of man.

It is like the worship of personages such as the Commander of the Faithful (‘a) and the students of his school [maktab] who have attained the most exalted station and gnosis and reached the highest degree of servitude to God. But the worship of those who are below them and have reached lower stations and worship God out of desire for spiritual rewards and recompense is also acceptable. So is the worship of those who are even lower than them and worship God out of fear of His punishment. Their worship also has some value.

Categorized models of Islamic government

The basis of values in Islam is not “all or none” or of a single level. Values have varying degrees which begin with the lowest degree up to the highest. The same is true of the Islamic political system. Islam presents an ideal form of government which can materialize under particular circumstances by those who have exceptional qualifications, capabilities and merits that cannot be found in others. In reality, that form of Islamic government can be run only by those who possess infallibility [‘ismah] and do not have the least defect and blemish in their thinking, speech or action.

This is the highest form of Islamic government that can be described so far—the government headed by the one who not only refrains from thinking of sin but also does not unconsciously make a mistake. He has no blemish of any sort and completely abides with what is good; he perfectly knows the code of Islamic laws and implements them exactly. This is exactly the ideal form of government which was implemented by the prophets including the Prophet of Islam (s) and during the short reign of the Commander of the Faithful (‘a).

Of course, more ideal than this can also be imagined but it is impossible to implement, and that is the form of government whose chief executive as well as commanders, governors and mayors are all infallible [ma‘sum].

As we have said, this form of government will never be realized because in no period of time will the number of infallible personages be such that all government posts can be occupied by them. The only ideal form which can materialize is that a ma‘sum heads the government hierarchy. Besides, this ideal form will only materialize at the time of the presence of a ma‘sum after removal of all impediments to his rule.

Therefore, in the Islamic political system various stages and degrees have

been considered for the government. After failing to establish the highest form of Islamic government headed by a ma‘sum, (during this period of occultation [ghaybah]) we should not give up trying to establish an Islamic government.

In the case of inaccessibility of an infallible Imam we have to entrust the government to one who in terms of knowledge, God-wariness and management—whose highest degree can be found in a ma‘sum as he has infallibility in knowledge, motive and action—is nearest to an infallible Imam. In the absence of such a person, the government must be entrusted to the one who is lower to him in station, one after the other, until it reaches the turn of the one who has the least qualification to run the government. With a degree lower than that, the government objectives will never materialize. Under no circumstances should this form of government be chosen.

Rational proof of the wilayah al-faqih system

The ideal and highest form of Islamic government which is the sought-after according to Islam is the rule of a ma‘sum. When its ideal form cannot be established due to the absence of a ma‘sum, the one chosen to rule should be one who is nearest to the infallibles in both knowledge and action. He can be no other than a duly competent jurist [faqih] who, on account of merits, capabilities and proximity to the infallibles in terms of knowledge, behavior and managerial skill, is regarded as the successor to the infallible Imam.

So, the justification of the wilayah al-faqih system is that when there is no direct access to the infallible Imam, the duly competent faqih who is superior to the rest in the knowledge of laws, in piety, even in sociopolitical matters, in the observance of social justice and enforcement of laws, in possessing political acumen to manage society and practical skill in ways of implementing laws, in struggling against evil and carnal desires and preferring the interests of Islam to personal and factional interests, has to take charge of government affairs.

In this regard, one may possibly say: Since we do not have direct access to a ma‘sum, the qualifications required for the Islamic ruler are no longer necessary nor credible—neither the expertise in Islamic jurisprudence, God-wariness nor managerial skill. Anyone may file his candidacy to rule over the Muslims, and once the majority of people accept him, his authority should be credible and binding. In reality, this hypothesis is anchored in the principle of “all or none”.

That is, if the highest form of qualifications which only a ma‘sum possesses is unavailable, those qualifications in their lower forms are no longer credible. Once the piety of a ma‘sum is not possessed by anyone, piety is not necessary at all for a ruler. A corrupt person who commits a cardinal sin can also occupy the highest post in an Islamic government. One who does not have a rudimentary knowledge of