Islamic Political Theory

 Islamic Political Theory

Chapter1

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

Volume 1

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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.

Preface

قَالَ رَسُولُ اللهِ ص:

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

Al Hakim an Nayshaburi, Al Mustadrak ‘ala al-Sahihayn (Beirut) , vol. 3, pp. 109-110, 148, 533.

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

At Tirmidhi, 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;

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vol. 5, pp. 181-182, 189-190.

Ibn al Athir, Jami ‘al Usul, vol. 1, p. 277.

Ibn Kathir, Al Bidayah wa’n Nihayah, vol. 5, p. 209.

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

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

بِسْمِ اللَّهِ الرَّحْمَٰنِ الرَّحِیمِ

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

The invaluable legacy of the Household [Ahl al-Bayt] of the Prophet (may peace be upon them all) , as preserved by their followers, is a comprehensive school of thought that embraces all branches of Islamic knowledge. This school has produced many brilliant scholars who have drawn inspiration from this rich and pure resource. It has given many scholars to the Muslim ummah who, following in the footsteps of Imams of the Prophet’s Household (‘a) , have done their best to clear up the doubts raised by various creeds and currents within and without Muslim society and to answer their questions. Throughout the past centuries, they have given well-reasoned answers and clarifications concerning these questions and doubts.

To meet the responsibilities assigned to it, the Ahl al-Bayt World Assembly (ABWA) has embarked on a defense of the sanctity of the Islamic message and its verities, often obscured by the partisans of various sects and creeds as well as by currents hostile to Islam. The Assembly follows in the footsteps of the Ahl al- Bayt (‘a) and the disciples of their school of thought in its readiness to confront these challenges and tries to be on the frontline in consonance with the demands of every age.

The

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arguments contained in the works of the scholars belonging to the School of the Ahl al-Bayt (‘a) are of unique significance. That is because they are based on genuine scholarship and appeal to reason, and avoid prejudice and bias. These arguments address scholars and thinkers in a manner that appeals to healthy minds and wholesome human nature.

To assist the seekers of truth, the Ahl al-Bayt World Assembly has endeavored to present a new phase of these arguments contained in the studies and translations of the works of contemporary Shi‘ah writers and those who have embraced this sublime school of thought through divine blessing.

The Assembly is also engaged in edition and publication of the valuable works of leading Shi‘ah scholars of earlier ages to assist the seekers of the truth in discovering the truths which the School of the Prophet’s Household (‘a) has offered to the entire world.

The Ahl al-Bayt World Assembly looks forward to benefit from the opinions of the readers and their suggestions and constructive criticism in this area.

We also invite scholars, translators and other institutions to assist us in propagating the genuine Islamic teachings as preached by the Prophet Muhammad (S).

We beseech God, the Most High, to accept our humble efforts and to enable us to enhance them under the auspices of Imam al-Mahdi, His vicegerent on the earth (may Allah expedite his advent).

We express our gratitude to Professor Ayatullah Muhammad Taqi Misbah Yazdi, the author of the present book, [1] and Mansoor Limba, its translator. We also thank

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our colleagues who have participated in producing this work, especially the staff of the Translation Office.

Cultural Affairs Department

The Ahl al-Bayt (‘a) World Assembly

Introduction

بِسْمِ اللَّهِ الرَّحْمَٰنِ الرَّحِیمِ

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

أَلْحَمْدُ للهِ رَبِّ الْعَالَمِیْنَ وَ صَلَّى اللهُ عَلىٰ سَیِّدِنَا وَ نَبِیِّنَا مُحَمَّدٍ وَ آلِهِ الطَّاهِرِیْنَ وَ لَعْنَةُ اللهِ عَلىٰ 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

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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

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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

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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

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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

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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)

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[1]: Muhammad Taqi Misbah Yazdi, Nazariyyeh-ye Siyasi-ye Islam (Qanunguzari) , compiled and edited by Karim Subhani (Qum: Imam Khomeini Educational and Research Institute, Summer 1380 AHS (2001) ) , vol. 1, 335 pp.

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

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

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

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

Introduction

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

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

The subject of our discussions is comprehensive and broad in nature, covering many topics on different levels and in various forms—ranging from the easy and simple to the profound and academic. Of course, from the beginning of the movement of the eminent Imam (q) , i. e. 1341 AHS (1962) , up to now, these discussions

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have been presented in different forms. Articles and books have been written, speeches delivered and talks held. Yet, only a few systematic discussions beneficial for the average person, responsive to the needs of the youth and various strata of people have been undertaken. Thanks to Allah, our nation occupies an eminent cultural position. In recent years especially, it has improved and progressed considerably, understanding many profound and complex issues very well.

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

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

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and the Islamic philosophy of the Islamic government can only be explained and justified according to these principles.

Islam and Political Theorizing

Once we say that Islam has a particular point of view about politics and governance founded on principles acceptable to Islam, this question is posed: Must religion have a particular viewpoint about politics and government for which Islam has to present a political theory? This is the same serious and known question which has been posed for centuries in various countries and societies. In our country this question has also been raised since the time of the Constitutional Movement [1] onward and many discussions have been conducted along with it.

Of course, the statements of the late Imam (‘a) and the famous slogan of the late Martyr Mudarris [2] —“Our religion is our politics and our politics is our religion”—played a role in fortifying our political thought, and this question has already been answered for our people. However, to elucidate the political theory of Islam and the manner of involvement of religion in politics requires in-depth study and discussion.

In Western culture, religion is not comprehensive in nature; it is defined in a manner that does not encompass the domain of sociopolitical issues; it only bespeaks of the relationship between man and God, and depicts the personal and individual communion of the former with the latter. Accordingly, sociopolitical and international issues, state-people relationship and international relations are beyond the domain of the relationship between man and God, and are therefore alien to religion. On the

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contrary, according to Islam, religion is universal in nature; encompassing all individual and social issues of man, including man’s relationship with God and his fellow creatures; and all domains of sociopolitical and international issues.

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

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

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

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

Islamic Political Theory being “founded” by Islam

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

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

We need to know whether men of wisdom have compiled their views on governance and politics which Islam

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

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

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

When it is said that except the governments established by people, dose Islam have a particular theory

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and point of view and when it proposes the divine government, does the Islamic government mean the same “theocratic government” established in the West, and does “divine rule” also mean the same?

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

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

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

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

The Nature and Essentials of Islamic Government

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

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

Among the questions being raised are the following: What are

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

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

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

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

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

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

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

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

In some forms of government, however, the government has vast prerogatives and equally heavy responsibilities. It assumes important responsibilities which it has to discharge. It can neither delegate them to the people nor shirk its duties because it is the people’s right to demand the performance of those responsibilities and duties from the government. It must be clarified that in the political philosophy of Islam, what prerogatives

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and duties dose Islam have set for the government. Undoubtedly, the performance and duties must be proportionate and balanced. It is not correct to delegate a duty to a person without providing him the necessary grounds to discharge the duty. So, the next question is: What duties and prerogatives does the Islamic government have?

The role of people in Islamic government and some other questions

Among the very serious questions which are raised today in society and periodicals is this: What is the role of the people in the Islamic government and what are their duties and prerogatives? Finally: What was the form and structure of the government during the early period of Islam, such as the time of the Holy Prophet (s) , [1] the time of the Commander of the Faithful (‘a) and the initial part of Imam Hasan al-Mujtaba’s (‘a) time? Similarly, to what extent were the governments of the Umayyads and the ‘Abbasids that ruled over Muslim territories Islamic; and, which of the abovementioned governments we can present as the Islamic government? How has the formative course of Islamic governments throughout history led to this form of Islamic government, which finally materialized in Iran by the blessings of the Islamic Revolution?

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

and faithfully observed all values? Finally, what are the defects and deficiencies of this government?

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

Methodology of discussing Islamic political theory

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

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

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

On the contrary, in the evidential method all the preliminary points

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

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

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

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

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

﴿ٱدْعُ إِلِىٰ سَبِیلِ رَبِّکَ بِالْحِکْمَةِ وَالْمَوْعِظَةِ الْحَسَنَةِ وَجَادِلْهُم بِالَّتِی هِیَ أَحْسَنُ﴾

“Invite to the way of your Lord with wisdom and good advice and dispute with them in a manner that is best. ” [1]

Session 2: Importance and Exigency of Discussing Islamic Political Theory

point

During the previous session, I mentioned to the dear listeners the list of topics on the Islamic political theory and the themes chosen for discussion in this regard

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so that they would know what subjects will be tackled in this series of talks. Today, as much as God, the Exalted, will allow, we shall talk about the importance of this discussion and its exigency in the present conditions of our society.

How the East and the West confront the Islamic Revolution

In order to clarify the urgency of this discussion, I have no option but to glance briefly at the history of our country and other Muslim countries during the recent past. As you know, throughout history, the materialist, hegemonic, domineering, and tyrannical minority has always been the cause of most tumults and seditions. The more human life becomes centralized, the more social systems advance on the basis of relevant rules and sciences, the pursuits (of the minority) are undertaken in a more scientific form and based on more precise rules and regulations.

At any rate, after World War II the global powers concluded that there were two power blocs in the world—the capitalist bloc in the West and the Marxist communist bloc in the East—and given the victories they attained during the war, they tried to impose their authority on the rest of the world and resisted the emergence of any other power to assume an air of dignity and rise up against them.

Meanwhile, throughout history, those who stood up against the sedition-mongers and corruptors have only been the prophets (‘a) and their followers. It was these religious ones who did not, at any cost, submit to tyrants and oppressors. For this reason, the tyrants regarded the prophets

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(‘a) and their followers as their enemies. However, after World War II, with the final expulsion of the Church from the political scene (which manifested religious power in Europe) , they did not foresee another power emerging against them until the last three decades, when they unbelievingly faced the astonishing movement in the Middle East and Iran.

Initially, they thought that the movement started in Iran was like the other Islamist movements which sporadically sprouted in some Muslim countries and were easily suppressed. They thought that by means of the specific methods they used and the experience they had acquired, they could successfully thwart it. As they proceeded they observed that this movement was different from others. Finally, thanks to the Islamic movement in Iran, a power emerged in this region, which, without relying on the Western and Eastern blocs, without using force and activities akin to coup d’états and violent harsh military moves, succeeded in toppling a Western puppet (king) and establishing an Islamic government in Iran.

Naturally, given the experiences they had acquired in combating the religious individuals, they resorted to different activities and plots, which you all know, and there is no need to mention them in detail. We shall only mention those plots. At the beginning, they ignited internal conflicts with the hope of paving the ground for the coming to power of a military junta that would protect the interests of the West. However, they observed that the people enjoyed such extensive power that the activities

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of splinter groups could not pose any danger to the Revolution. After experimenting with various plots and conspiracies including economic sanctions, global media propaganda against Iran, and the eight years war imposed on our people, they did not succeed in overthrowing the Islamic state.

The youth and the long-term cultural plot

Since the enemies failed to succeed in any area, they pinned their hope in one thing and that was a long-term cultural program. Along this line, they tried to gradually exert influence inside the country through various means. Having great experience in this area too, they tried to set up a center for the promotion of their ideas and views through which they extended a wave of propaganda to the various strata of society and slowly paved the ground for what they liked. Naturally their actions in this case as in others, were based on scientifically calculated grounds.

They witnessed the generation of the Revolution getting old and the future belonging to the youth—youth, who lacked sufficient information about the Pahlavi regime and its atrocities, and the sacrifices of the people before and after the Revolution; youth, who were only aware of their own demands, some of which were materialistic in nature—so they imagined that it was possible to exert influence on this great stratum which constituted the bulk of society and to whom belonged the future, and after a few decades to gradually pave the way for a protégé government that would protect their interests. In order to pave the ground for such a sinister

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aim, they conducted studies to identify the main factor behind people’s support for the Islamic government, and found that they were willing to endure suffering, adversity, inflation, shortage, bombardment, and sanctions but not relinquish support for this government, which made them rightly conclude that this general support of the people stemmed from their belief and religion.

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

The triple axis of the cultural plot

The people of Iran are followers of the school [maktab] of the Ahl al- Bayt (‘a) , and take as their model the pure Imams (‘a) and the Doyen of the Martyrs (‘a) (in particular). The belief and conviction that they have to sacrifice their lives, properties and all that is dear to them for the sake of realizing the Islamic ideals, are planted in their hearts and have become part of their beings. However, the enemy is striving to weaken this conviction. They want to do something to make this future generation not become a votary of religious government.

They are inculcating in the minds of the young generation ideas that should weaken their belief in this kind of religious government, and in those who rule in the name of religion. This is because the people and the youth believe that religion must govern their lives, and the helm of government must also be in the hands of religious scholars and religious individuals headed by the wali al-faqih. So long as this belief occupies a special place in the hearts of the youth, there will be no chance of overthrowing this Islamic government.

Thus, this

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belief must be uprooted, but how? It is possible to spread ideas by means of a group of intellectuals. So they created a center within the cultural centers and universities to popularize and deceive certain individuals and persuade them to promote such ideas in society. In this manner, through the spread of these ideas, people, especially the young generation will entertain a doubt in their hearts and their firm belief in the Islamic government and the wali al-faqih will be undermined.

The weakening of the young generation’s belief in the Islamic government would be ideal for them, because once there is doubt in the hearts of the youth, a 13-year old youth will no longer be willing to put a hand grenade in his body and go underneath a tank. Such acts are only possible when the youth have indomitable faith in the hereafter, Reckoning and Book (of Account) , and in the correctness of the path and values chosen. Once there is doubt in the hearts of the youth, it will pave the ground for the enemies’ objectives.

It was in line with this goal that they started their multifaceted movement through their disguised agents and scientifically calculated methods. They started their movement based on several axes:

1. Promotion of the Notion of Separation of Religion and Politics

The first axis of their movement and scheme was the separation of politics and religion. Many grounds were paved in order to promote this notion. For centuries this was done in the Western hemisphere and Europe. Many books were written and extensive studies were

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conducted. As a result of those activities in the West, the issue of secularism and the separation of church and state came to the fore. In order to attain that objective here, the ground needed to be paved. Of course, some grounds were also fertile. Such grounds and notions existed among those who played a role in the Revolution and also assumed responsibilities in the Islamic government afterwards. They believed in a boundary between religion and politics, delivered speeches and wrote books. To strengthen this inclination by means of cultural activities done in the West was not that problematic.

Thus, one of the axes of the enemy’s cultural activities is the promotion of this notion of separation of religion and politics. Of course, not all people will be influenced by this thinking. Those who lost their loved ones and property for the sake of the religious government, and endured difficulties will not easily be influenced by this thinking, especially in view of the fact that the Imam’s celestial voice still reverberates in their ears, and the words narrated from the late Mudarris—“Our religion is our politics and our politics is our religion”—will not be forgotten that soon.

2. Denial of Wilayah al-Faqih

The second axis of hostile activity and xenomaniac [gharbzadeh] [1] intellectuals is to propound the idea that even when religion interferes in sociopolitical affairs, implements religious laws in society and observes religious values in politics, the religious government does not mean government of the fuqaha. It is enough that laws to be ratified in

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Parliament should pass through a filter to ensure that they are not against religion. The fact that these laws are not anti-religious means that the government is a religious one, because all the laws consistent with religion are implemented. The religious government is nothing different.

So, the second axis is that if they fail to convince all people that religion and politics are separate from each other, they will accept that religion and politics are joint, but say that religious government means the religious laws must be implemented whether the implementer has anything to do with religion or not. Whoever people elect for the implementation of religious laws will be the religious ruler. So, the religiousness of a government means that the religious laws are implemented, and not that the ruler is religious, knowledgeable and a faqih.

They acknowledge that religion has to interfere in politics, but do not accept that the implementer of religious laws must be a faqih or that the highest government post must be occupied by the wali al-faqih. The separating of religious government from the theory of wilayah al-faqih continues today as in the past. In newspapers, including national dailies and magazines, certain subjects are presented in different ways. The epicenter of this axis is formed in universities and other centers of gatherings, so as to influence those minds that still believe in the inseparability of religion and politics with the idea that a religious government is acceptable but wilayah al-faqih is not a

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corollary of the religious government.

This axis of activity can easily effect the youth who lack sufficient familiarity with Islamic laws and fundamentals of jurisprudence, especially if it is linked with many cultural mechanics and widespread propaganda. Yet, there are many in society who will not be influenced by this thinking and continue to consider the wilayah al-faqih, the bedrock of the Constitution, as the pillar of their thinking and action. They still maintain that this revolution is rightfully recognized in the world as the Revolution of Wilayah al-Faqih and the Government of Wilayah al-Faqih.

3. Concern about the form of Wilayah al-Faqih

In order to influence those who believe in wilayah al-faqih, they suggest the idea that wilayah al-faqih could have different connotations, and that the form of wilayah al-faqih implemented in Iran is alterable and subject to change, insinuating that, this form of wilayah, is not correct because it is inconsistent with principles of democracy and liberalism. Something, they say, must be done in order to make wilayah al-faqih conform to democracy and values accepted by the present world. So, the axis of the third intellectual movement is to alter the form of wilayah al-faqih in the Islamic Republic.

The outcome of the discussion so far is that intellectually and theoretically, all efforts of the enemy and the Global Arrogance are focused on weakening this government in three ways. Practically, they have implemented certain programs, but the long-term program, which they hope the future generation in this country will accept, is an intellectual one. The first axis of

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the said program is the promotion of the notion of separation of religion and politics which will be accepted by a certain group.

The second axis is to argue that religion and politics are inseparable but the religious government is separate from wilayah al-faqih. This theory may also affect a certain stratum of society. The third axis is to suggest to those who are firm and unflinching in their belief in wilayah al-faqih that wilayah al-faqih is acceptable but this form of wilayah al-faqih implemented in Iran must be altered. In sum, they are aiming to create a sort of doubt in the hearts of the youth, in a bid to weaken their belief in this system and its values. In doing so, a door will be opened for the Global Arrogance to penetrate Islamic society and even Islamic government.

Those who will be influenced by any of these three notions—wherever they are, whatever posts they occupy, whatever stratum of society they belong to, and whatever social standings they have—could be of great help to the Global Arrogance in the attainment of its objectives.

Our responsibility vis-à-vis the triple axis of the enemy’s plot

In view of the fact that the enemy is concentrating its efforts around this triple axis, those who are attached to this system—and thanks be to Allah, the absolute majority of people are attached to this system, a manifestation of which is the march demonstrations held occasionally, which astonish the world with the massive participation of the people—should be vigilant so that none of these

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plots succeed. For this they have to be firm in their acceptance of the theory of inseparability of religion and politics. They have to believe, that even if any other religion could be separated from politics, Islam cannot.

Secondly, they should be firm in asserting the fact that the religious government does not only mean the Islamic nature of the laws to be ratified by the Parliament, or their being not inimical to Islam. Instead, the bedrock of religious government is that the implementers of the law must be aware of and devoted to Islam to be the best proponents and implementers of divine laws. If it is not so, what is the benefit of a law written on a piece of paper yet not observed by its implementers?

Was it not written in the Constitution of the past regime that Shi‘ism was the official school of thought [madhhab] of Iran? Yet, to what extent did this law influence the behavior of the government which was totally subservient to the non-believing, atheistic enemy?

As long as there is no authoritative and faithful implementer, anything written on paper will be of no benefit. Thus, if an Islamic law is passed by the Islamic Consultative Assembly, but the one occupying the highest government post is not attached to the law, nor has the intellectual, religious power or inclination to implement it, there is no guarantee that the said law will ever be implemented. So, it is important for us to strengthen our

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belief in the principle of wilayah al-faqih and to explain this theory on the basis of solid proof in order to fortify our faith, and convince our future generations that the Islamic government can survive only under the auspices of wilayah al-faqih.

Thirdly, they must be convinced that the form of wilayah al-faqih implemented in Iran, for the past two decades, the same wilayah al-faqih ordained in the school of the Ahl al-Bayt (‘a) , cannot be altered. The third stage is a secondary issue which must be addressed after explaining the first two stages. Therefore, to attend to the two stages takes precedence, and as such, the subject of our discussion is entitled, “The Political Philosophy of Islam”.

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[1]: Xenomaniacs: those infatuated with foreign and especially Western models of culture. This is the translation of a Persian term, gharbzadegan or gharbzadeh-ha, popularized by Jalal Al Ahmad (d. 1969) who was a writer of great influence in his book Gharbzadegi (“Xenomania” or “Occidentosis”). See its English translation, R. Campbell (trans. ) and Hamid Algar (ed. and anno. ) , Occidentosis: A Plague from the West (Berkeley: Al-Mizan Press, 1984). [Trans. ]

The need to choose suitable methods to foil the enemy’s plot

In view of what has been said about the goals of their cultural activities, the enemies have designed the following three types of plot and conspiracy: the separation of religion and politics, the separation of the religious government and wilayah al-faqih, and casting doubt on the correctness of operation of wilayah al-faqih in Iran. We will, thus, be confronting three groups of people. The first group consists of those who believe in the separation of religion and politics. According to them, the jurisdiction of religion is the temple, mosque and mosque, while the jurisdiction of politics is society at large.

Obviously, in dealing with such people a particular manner of discussion must be adopted. In dealing with those who acknowledge the religious government but has another view about the designation of its head, the

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discussion must be in a different manner. Similarly, if a person does not believe in God at all, the discussion must be started by proving the existence of God and, thereafter, prove the general and particular apostleship. But in dealing with a person who believes in God and some prophets and does not believe in the Prophet of Islam (s) , the discussion must begin with the particular apostleship.

Undoubtedly, whatever discussion we hold must depend upon the different levels and stages of acceptance of people. Some will have accepted certain principles and reached successive stages. Others may not have accepted even the initial stages.

Therefore, in examining and talking about the abovementioned situations, we require different methods of discussion. In other words, if we want to prove the existence of God to a person who does not believe in Him, it is pointless for us to quote a verse of the Qur’an or a saying of Imam as- Sadiq (‘a). That person does not believe in God, let alone believing in the Qur’an and ahadith! In guiding him, one has to use only rational proof and the intellectual method.

Those who accept the religious government have gone a step forward, and in dealing with them one has to present the content of religion acceptable to them. We have to cite a proof from that content of religion. As such, the sources of discussion shall be the Qur’an and Sunnah while the method and type of discussion shall be narrative and

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historical. But once the talk is about the performance of the system, one has to refer to historical documents and accounts, and the narrative and religious argument will be of no use anymore.

The behavioral methods being used must be examined and assessed. Since our discussion has various dimensions, we cannot use only one method. In some of its dimensions we will have to use the rational method while in some others we will have to give religious proof, and yet in some other dimensions we will have to use the historical method and actual field studies. What has been said is for the consumption of those, who in the course of discussion may find fault and question, “Is the discussion rational or narrative? ” For this reason, I shall point out that our discussion has different aspects and each of them have to be examined by its particular method.

The Definition and Jurisdiction of Religion

There is another basic issue here, which is of course, a separate subject for discussion and investigation, so, mentioning it should suffice for the moment.

The question is: What is the extent of religious jurisdiction? Does the jurisdiction of religion encompass all aspects of human life? Or, should some aspects of human life be delegated to the intellect, knowledge and will of the people. Before learning whether government and religion are related or not, and whether the separation of religion and politics is true or not, we need to know religion first.

Those who wish to examine at the outset, through

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an external method, the principle of the need for religion and the extent of its jurisdiction in the life of man will question —Is politics a part of religion in Islam or not? In this context, their arguments deal with the extent of expectations from religion, and whether they should be maximum or minimum— that is, dose the jurisdiction at religion encompasses all arenas of human life or it just encompasses a part of it and most of the human live aspects should be left to the intellect; science and desires of people.

When the advocates of non-interference of religion in government defined religion, they acquired a definition of religion in keeping with the secularist inclination. For example, they said that religion is meant to organize the spiritual relationship between man and God. Or, in a somewhat broader and more extended sense, religion is something which can be influential in the otherworldly life—assuming that the otherworldly life exists—and in organizing the life of man in relation to the hereafter. Naturally, if religion is defined as such, it can easily be said, “What does politics have to do with religion?

Politics has nothing to do with the relationship between man and God, for it only deals with the relationship between human beings, and is, therefore, beyond the jurisdiction of religion. Politics is related to the life in this world and has nothing to do with the other world. ” In addition, if the jurisdiction of religion covers only the things which man is

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incapable of understanding, it follows that wherever the intellect passes judgment, it is no longer within the jurisdiction of religion; jurisdiction of religion lies where there is no place for intellect!

If in presenting the definition of religion, we limit its jurisdiction and scope, confer all matters to the human intellect and understanding, religion will not be needed in areas where our intellect is capable of solving problems. We will need religion only in cases which the intellect is incapable of understanding and solving. With the passage of time and the advancement and divergence of human life, the need for religion will decrease because, religion is meant to meet needs which the intellect is incapable of meeting. In the beginning, man could not benefit much from science and civilization. He was still in need of religion since he could not solve many problems with his intellect.

Gradually, his need for religion decreased and since recent years he seems almost free of its need. Yes, secondary issues which he could not understand with his intellect, and had no hope of solving them soon, he referred to religion. (Regrettably, it must be stated that some so-called Muslims have claimed that at this time when the human intellect has reached perfection, we have no more need for religion, revelation and devotional commandments. )

Given this outlook and explanation, it is concluded that politics has no relation with religion. Once we can solve and settle political issues by relying on the intellect and rational arguments and

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investigations, we are no more in need of religion!

What has been said is among the misgivings expressed in this regard to which we shall answer in brief. It must be stated that the definition they have given to religion, regarding it to be related only to the otherworldly life and relationship between man and God, is false and unacceptable. The claim that political issues of man have no relation with God and are beyond the domain of relationship between man and God is alien to the true nature of religion. Religion means the code of proper human conduct according to the will of God.

If in belief, in the acceptance of values and in his individual and social acts man acts in accordance with the will of God, he is religious. On the contrary, if his beliefs are against the will of God, his accepted values are inconsistent with the values acceptable to God, his individual and social acts are contrary to that which are pleasing to God, and if he has any defect in any of them, his religion will be defective. Religion, therefore, embraces all the above domains.

The need to know religion through its sources

If we want to define religion, we have to see how the One who has revealed it and its followers define it. If we coin a definition that says sociopolitical issues are beyond the domain of religion, this is not the religion sent down by God. In order to know the religion of God, its scope, mission and aim, we

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have to examine its sources and content.

Someone once said: “I do not accept Islam because the arguments being advanced to substantiate its authenticity are weak, or—God forbid—I have proof of its falsity and incorrectness. ” Such a claim is debatable. It is improper and illogical for someone to say with the assumption of accepting Islam that “Islam is that which I say and not what the Qur’an, the Prophet and the Imams have said, and to which the Muslims are attached. ” If a person wants to argue about the correctness or incorrectness of Islam, whether he adheres to it or rejects it, he has to know Islam first, by referring to the commandments of God, its Founder and Revealer, through the Qur’anic order to know religion and present its definition and jurisdiction, we have to refer to the religious sources, viz. the Book and the Sunnah, and we should not define religion according to our ill-founded opinion, or base it on the definition of an American or European orientalists whose words do not constitute a proof for us.

If a person wants to talk about Islam of the Muslims, he has to talk about the Islam which has been elucidated by the Qur’an, the Prophet (s) and the Imams (‘a) , and based on this Islam which originates in the Qur’an and Sunnah, he should define and state its jurisdiction, and not base it on an Islam defined by a certain orientalist, writer or statesman in a certain encyclopedia which is certainly

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of no value to us. Islam confines the jurisdiction of religion to human intellect and understanding as one of the means of knowing Islam.

Meanwhile, once a person who has little knowledge of the Arabic language—though he has no knowledge of the exegesis, nay brief exegesis, of the Qur’an—refers to the Qur’an, he will realize that Islam has not neglected social issues but dealt with them. How can it then be said that religion is separate from politics?!

If religion is that which is revealed in the Qur’an, it embraces sociopolitical issues, deals with civil, penal and international laws as well as devotional matters and personal morality. It has prescriptions for family life, marriage, child-rearing, transactions, and commerce. What then, is outside the jurisdiction of Islam? The longest verse in the Qur’an is about transactions, loan and mortgage. If Islam is really the religion introduced in the Qur’an, who can say that Islam has nothing to do with the social life of people?

If issues pertaining to marriage and divorce are not a part of religion, issues related to trade, mortgage, selling, and usury are not related to religion, and the issue on wilayah and obedience to the one vested with authority [uli’l-amr] is not part of religion, what then is a part of religion, and which religion will we be talking about? As far as the Qur’an is concerned, it has repeatedly talked about these issues.

Some say, “We do not accept the religion which embraces sociopolitical issues! ” Well and

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good! After all, those who did accept Islam were not few. Now, there are still those who do not accept Islam, and we have no hostility with them. If they want, they can come and talk with us so that we can show them this universal Islam, and if they do not want, they are welcome to choose whatever they want:

﴿وَقُلِ الْحَقُّ مِن رَّبِّکُمْ فَمَن شَاء فَلْیُؤْمِن وَمَن شَاء فَلْیَکْفُرْ﴾

“And say, ‘[This is] the truth from your Lord: let anyone who wishes believe it, and let anyone who wishes disbelieve it’. ” [1]

Those who say that they accept Islam, and not regard it as encompassing all these issues, yet express concern about each of its social laws are totally lost. Is that which is in the Qur’an and Sunnah not Islam? They neither accept its prayer and other forms of worship, nor its laws; neither its sociopolitical laws, nor its marriage and divorce laws. What remains of Islam, and which Islam are they talking about? Their words can do no more than deceive a number of ignorant individuals.

Religion means divine baptism in the life of man:

﴿صِبْغَةَ اللّهِ وَمَنْ أَحْسَنُ مِنَ اللّهِ صِبْغَةً﴾

“The baptism of Allah [sibghat Allah], and who baptizes better than Allah? ” [2]

The life of man can have either a divine or a satanic hue. If this life has a divine color, it epitomizes Islam. If we want to discuss the origin and source of divine baptism, we need to know the religious references, and apart from the Qur’an, the

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Sunnah and rational proofs, we do not know of any other Islamic source. Based on these sources, Islam encompasses all devotional and political, social and individual domains, and a cursory and casual glance at the Qur’an is enough to clearly prove that it is impossible for the religion referred to in the Qur’an to set aside sociopolitical matters.

A set of laws and values which do not deal with social and political issues, has nothing to do with Islam, because Islam, which has been explained in the Qur’an and which we are defending, includes the totality of political, social and devotional matters. Politics is considered as one of its essential elements and main domains. We have nothing to do with “Islam” which is presented according to the writings and statements of European and American writers. We regard them as alien to the spirit and substance of pristine Islam.

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[1]: Surah al-Kahf 18: 29.

[2]: Surah al-Baqarah 2: 138.

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

Definition of politics and the three powers in Islam

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

In the sphere of politics and statecraft, since the time of Montesquieu [1] the administrative body has been seen to be composed of three powers, viz. the legislative, executive and

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

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

The social laws include civil, penal, commercial, political and international laws. Once we take a glance at the Qur’an, we discover that all kinds of laws in the world for the administration of society, and the management of international relations can be found therein. Apart from the fact that civil laws; decrees on marriage and divorce; laws on trade, transactions, mortgage, loan and the like can be found in the Qur’an (which proves that issues

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on statecraft, like enactment and presentation of laws for the administration of society are taken into account in Islam) , a special right for the Prophet (s) has been stipulated in the Qur’an to enact laws and decrees on particular cases based on circumstances of time and space, and the faithful are duty-bound to act upon the laws issued by the Messenger of Allah (s):

﴿وَمَا کَانَ لِمُؤْمِنٍ وَلاَ مُؤْمِنَةٍ إِذَا قَضَى اللَّهُ وَرَسُولُهُ أَمْرًا أَن یَکُونَ لَهُمُ الْخِیَرَةُ مِنْ أَمْرِهِمْ﴾

“A faithful man or woman may not, when Allah and His Apostle have decided on a matter, have any option in their matter. ” [1]

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

Thus, apart from the orders of God and fixed divine laws, laws enacted by the Prophet (s) are also binding on all those living within the jurisdiction of the Islamic government. No one has the right to question these laws because whoever opposes them does not regard the Prophet as an emissary of God. We have no business with such a person. He who believes in the Prophet’s (s) right of legislation being delegated to him by God, but disputes about a truth, we will argue with him according to verses of the Qur’an.

Therefore, the Qur’an does not say, “An unbelieving man or woman may not…” but rather “A faithful man or woman may not…”As such, just as every ‘faithful’ living under the Islamic government acknowledges the apostleship

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of the Prophet (s) and regards the laws of God as necessary to follow, he should equally regard the orders of the Prophet (s) as necessary to follow. The necessity to follow God and His wilayah over all the faithful is established by such noble verses as:

﴿النَّبِیُّ أَوْلَى بِالْمُؤْمِنِینَ مِنْ أَنفُسِهِمْ…﴾

“The Prophet is closer to the faithful than their own souls... ” [1]

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

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

[1]: Surah al-Ahzab 33: 36.

[1]: Surah al-Ahzab 33: 6.

Judicial laws in the Qur’an

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

﴿فَلاَ وَرَبِّکَ لاَ یُؤْمِنُونَ حَتَّىَ یُحَکِّمُوکَ فِیمَا شَجَرَ بَیْنَهُمْ ثُمَّ لاَ یَجِدُواْ فِی أَنفُسِهِمْ حَرَجًا مِمَّا قَضَیْتَ وَیُسَلِّمُواْ تَسْلِیمًا﴾

“But no, by your Lord! They will not believe until they make you a judge in their disputes, then do not find within their hearts any dissent to your verdict and submit in full submission. ” [2]

In the above verse, not only is the right of adjudication confirmed for the Messenger of Allah (s) , but the acceptance of and acting upon his adjudication and verdict has been regarded as a requisite of faith. This point is accompanied by a very emphatic oath—“In their disputes the people

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must definitely make you the judge and arbiter, and after you pass a judgment they should not nurse any dissent and dissatisfaction in their hearts but should accept the judgment with full submission and obedience. Otherwise, they will not be truly faithful.

The true faithful is one who, if the Islamic court issues a decree against him, accepts it with open arms, realizing the possibility that his right is violated because the judge passes the verdict on the basis of external means of rendering justice, which the Messenger of Allah (s) explained thus: “Verily, I judge among you on the basis of proof and testimony. ” [1] The testimony of a witness who is outwardly just is accepted although he might have lied in his testimony or committed an error therein. If everyone does not act upon the verdict of the judge, no progress can be made and the system will collapse.

What can be deduced from the Qur’an on penal matters, such as blood-money [diyah], qisas, [2] ta‘zirat, [3] and the like, testify that Islam is highly involved in politics, administrative affairs and society. Islam has gone to the extent of taking into account hudud [4] for criminals and corruptors in certain cases and of authorizing the judge to implement them even if there is no specific complainant. In such cases divine limits and rights have been violated and sometimes punishments are difficult to endure and accept. For example, the Qur’an says that in an Islamic society if an illegitimate relationship between a man and a

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woman is proved before the judge through the statements of four witnesses, both of them must receive a hundred lashes, and the Qur’an particularly admonishes the judge not to be influenced by emotion and have pity on them:

﴿ٱلزَّانِیَةُ وَالزَّانِی فَاجْلِدُوا کُلَّ وَاحِدٍ مِنْهُمَا مِئَةَ جَلْدَةٍ وَلاَ تَأْخُذْکُم بِهِمَا رَأْفَةٌ فِی دِینِ اللَّهِ... ﴾

“As for the fornicatress and the fornicator, strike each of them a hundred lashes, and let not pity for them overcome you in Allah’s law... ” [1]

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

﴿وَالسَّارِقُ وَالسَّارِقَةُ فَاقْطَعُواْ أَیْدِیَهُمَا جَزَاءً بِمَا کَسَبَا نَکَالاً مِنَ اللّهِ وَاللّهُ عَزِیزٌ حَکِیمٌ﴾

“As for the thief, man and woman, cut off their hands as a requital for what they have earned. [That is] an exemplary punishment from Allah and Allah is All-mighty, All-wise. ” [2]

We conclude that the Noble Qur’an mentions adjudication, enactment of rules and regulations to preserve social order and secure the interests of society, and implement the hudud and ta‘zirat [3] rights of the Messenger of Allah (s). For a fair-minded person there will remain no doubt about Islam’s involvement in sociopolitical issues if he refers to the Qur’an as well as the authentic traditions of the Prophet (s) and the infallible Imams (‘a). Those who stubbornly deny these truths have chosen to do so no matter what the proof.

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[2]: Surah an-Nisa’ 4: 65.

[1]: Wasa’il ash-Shi‘ah, vol. 27, p. 232.

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

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

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

[1]: Surah an-Nur 24: 2.

[2]: Surah al-Ma’idah 5: 38.

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

Universality of Islam and station of Islamic ruler

Apart from clearly explaining major political issues, the rule of statecraft, enactment of laws, their adaptation to particular cases, and their implementation, the Qur’an also clearly

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explains secondary and minor issues such as mentioning the months of the year, for example:

﴿إِنَّ عِدَّةَ الشُّهُورِ عِندَ اللّهِ اثْنَا عَشَرَ شَهْرًا فِی کِتَابِ اللّهِ یَوْمَ خَلَقَ السَّمَاوَات وَالأَرْضَ مِنْهَا أَرْبَعَةٌ حُرُمٌ ذَلِکَ الدِّینُ الْقَیِّمُ... ﴾

“Indeed the number of the months with Allah is twelve months in Allah’s Book, the day when He created the heavens and the earth. Of these, four are sacred. That is the upright religion…” [1]

In the above verse, the division of the year into twelve months has been mentioned as an intrinsic and fixed affair in harmony with the system of creation. Mentioning such affairs in religion has been regarded as a symbol of its firmness, correctness and reliability. Regarding the sighting of the crescent moon, the Qur’an also says:

﴿یَسْأَلُونَکَ عَنِ الأَهِلَّةِ قُلْ هِیَ مَوَاقِیتُ لِلنَّاسِ وَالْحَجِّ... ﴾

“They question you concerning the new moons. Say, ‘They are timekeeping signs for the people and [for the sake of] Hajj’... ” [2]

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

﴿فَأَقِمْ وَجْهَکَ لِلدِّینِ حَنِیفًا فِطْرَةَ اللَّهِ الَّتِی فَطَرَ النَّاسَ عَلَیْهَا لاَ تَبْدِیلَ لِخَلْقِ اللَّهِ…﴾

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

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creation... ” [1]

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

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

If it is not possible to get a receipt and find witnesses, he has to take a retained pledge or mortgage a valuable thing in lieu of the loan. [2] We believe that such a religion has a program concerning politics and statecraft besides meeting the material and spiritual needs of people.

During the previous session, while rejecting that

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

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

﴿وَمَا خَلَقْتُ الْجِنَّ وَالْإِنسَ إِلَّا لِیَعْبُدُونِ﴾

“I did not create the jinn and humans except that they may worship Me. ” [1]

The purport of the verse is that the perfection of man is only possible under the aegis of worship and devotion to God. Therefore, all his movements and pauses must be within this framework. Even his breathing must be according to this program. If the life of a person acquires this divine baptism and color, and is attuned with this program, it means that he is truly religious. On the contrary, if he totally refuses to worship God, he is certainly irreligious and

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an infidel. Between these two frontiers, viz. the frontier of true religiosity and the frontier of infidelity, there are those, a portion of whose lives is not in conformity with the will of God and are, therefore, not truly worshipping God.

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

﴿وَالَّذِینَ اهْتَدَوْا زَادَهُمْ هُدىً وَآتَاهُمْ تَقْواهُمْ﴾

“As for those who are [rightly] guided, He enhances their guidance, and invests them with their God-wariness. ” [1]

Elsewhere, it says:

﴿إِنَّمَا الْمُؤْمِنُونَ الَّذِینَ إِذَا ذُکِرَ اللّهُ وَجِلَتْ قُلُوبُهُمْ وَ إِذَا تُلِیَتْ عَلَیْهِمْ آیَاتُهُ زَادَتْهُمْ إِیمَانًا﴾

“The faithful are only those whose hearts tremble [with awe] when Allah is mentioned, and when His signs are recited to them, they (Allah’s signs) increase their faith. ” [2]

Yes, there are those, whose faith is constantly moving toward perfection and they reach the highest level of faith and come closer to the station of the awliya’ [saints] of Allah, and even be included among the awliya’ of Allah. On the contrary, there are those who are moving backward from the station of religiosity. By listening and paying attention to the doubts spread by the foreigners and their admirers in the cultural domain

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of society, many abandon the religion they learned from their father, mother and teacher. This is because paying attention to the doubts will lead willy-nilly to misguidance of those who do not possess the ability to assess and study matters. In this regard, the Qur’an says:

﴿وَقَدْ نَزَّلَ عَلَیْکُمْ فِی الکِتَابِ إِذَا سَمِعْتُمْ آیَاتِ اللّهِ یُکَْفَرُ بِهَا وَیُسْتَهْزَأُ بِهَا فَلاَ تَقْعُدُوا مَعَهُمْ حَتَّى یَخُوضُواْ فِی حَدِیثٍ غَیْرِهِ إِنَّکُمْ إِذاً مِثْلُهُمْ﴾

“Certainly He has sent down to you in the Book that when you hear Allah’s signs being disbelieved and derided, do not sit with them until they engage in some other discourse, or else you [too] will be like them. ” [1]

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

It rather says that the attention paid to them should commensurate with the extent of your experience, analysis and discernment. First of all, one has to acquire

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divine gnosis [ma‘rifah] and learn the art of responding to doubts. Thereafter, one should discuss religion with others and listen to their statements so that they do not disarm you and impose their opinion on you.

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[1]: Surah at-Tawbah (or, Bara‘ah) 9: 36.

[2]: Surah al-Baqarah 2: 189.

[1]: Surah ar-Rum 30: 30.

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

[1]: Surah adh-Dhariyat 51: 56.

[1]: Surah Muhammad 47: 17.

[2]: Surah al-Anfal 8: 2.

[1]: Surah an-Nisa’ 4: 140.

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

Separation of religion and politics an extra-religious outlook

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

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

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and we should have minimum expectation from it. Obviously, religion has an opinion in all matters needed by man, but no religion ever claims that it provides for all the needs of man.

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

They assume that they have solved the issue concerning the relationship between religion and politics by demarcating them and separating the jurisdiction of religion from that of politics. It has been stated that politics belongs to mundane affairs while religion is only related to the hereafter. Neither should religion interfere in the domain of politics nor should politics interfere in the domain of religion. Only knowledge and human accomplishments should interfere in politics which deals with the jurisdiction of this world and science. Fields such as

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physics, chemistry, biology, medicine, psychology, and sociology belong to the domain of science. Religion has nothing to do with them. Religion is only involved in matters pertaining to the hereafter.

The origin of this issue can be traced back to many centuries in the West. When there was conflict and dispute between the ecclesiastical authorities and the men of science and politics it led to wars and clashes between them, and finally to an unwritten peace. They agreed amongst themselves that religion should deal solely with otherworldly affairs and the relationship between man and God; the sole jurisdiction of mundane affairs i. e. political, social and academic, should be left to statesmen and scientists.

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

Unfortunately, some of those who are engaged in cultural affairs are unconsciously influenced by this notion and other cultural waves of the West. It is gradually being

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accepted that religion is the opposite of politics. Religion solves a part of human problems but worldly problems have nothing to do with religion. Erroneous and deviant ideas of our writers, orators and cultural figures pose serious threats to our religious culture.

Close-knit connection between this world and the hereafter

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

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

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

“Today is the time for action and not for reckoning while tomorrow is the time for reckoning and not for action,” [1]

And

أَلدُّنْیَا مَزْرَعَةُ ٱلأَْخِرَةِ.

“This world is the sowing ground for the hereafter. ” [2]

So, we will reap in the hereafter the fruit and product of whatever we sow in this world. It is not correct to say that our worldly life is alien to our otherworldly life; that a part of our actions are related to the life in this world while another part is related to the hereafter; and that we have two distinct spheres of life for this world and the hereafter. Instead, all our actions in this world such as breathing, blinking, walking, sitting, rising, looking, social intercourse, speaking, listening, eating, marital relationship, and government-people relationship can be such that ensure our felicity in the hereafter, or bring harm to us. It is true that the style of cooking and consumption of food are related to this world but the same act of eating can send us to paradise, or throw us into hellfire:

﴿إِنَّ الَّذِینَ یَأْکُلُونَ أَمْوَالَ الْیَتَامَى ظُلْمًا إِنَّمَا یَأْکُلُونَ فِی بُطُونِهِمْ نَارًا وَسَیَصْلَوْنَ سَعِیرًا﴾

“Indeed those who consume the property of orphans wrongfully only ingest fire into their bellies, and soon they will enter the Blaze. ” [3]

Anyone who fills his stomach with the property of orphans eats food and enjoys doing so, but the food he eats will become chastisement of the hell for him. Similarly, if

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a person eats food for the sake of worshipping God, the same act of eating will have a spiritual reward. The same word that a person utters for the sake of pleasing God will be a tree growing in paradise for him. The Holy Prophet (s) said to his companions: “For anyone who recites tasbihat al-arba‘ah [1] God gives him a tree that grows in paradise. ” Some said: “So, we shall have many trees in paradise because we recite this dhikr [remembrance of God] frequently. ” He said, “Yes, provided that you do not kindle fire to consume them. ”

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

As we have said, this erroneous thinking was prevalent for the past centuries in the West among the followers of certain religions and occupied the minds of many in spite of the fact that neither Islam nor any other revealed religion ever endorsed such a notion. The contention of true religion is that man is created in order to secure his own felicity

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or perdition, and that his eternal felicity or perdition, as the case may be, lies in his behavior in this world. If his behavior is consistent with the command of God, he will attain eternal bliss, and, if otherwise, he will incur everlasting damnation.

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

Ideological baptism of actions in this world

Once we consider the life in this world as linked to the life in the hereafter and believe that the totality of man’s actions and behavior plays a role in his perfection or downfall, it will acquire ideological value and we will give religion the right to judge each action. In simpler terms,

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religion informs us about the lawfulness or unlawfulness of our actions and not the manner of performing them.

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

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

However, it says that you should not build a house on usurped land or you should not build a house in such a way that it overlooks the house of another and invades his privacy. It also says that you should build your house with halal income and not out of money earned through usury [riba’]. In reality, religion mentions the ideological manner of building a house. It also invites us to consume foods

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that are effective in our human and spiritual growth and avoid unlawful foods, alcoholic beverages, and narcotic drugs, which are unhealthy for us:

﴿یَا أَیُّهَا الَّذِینَ آمَنُواْ إِنَّمَا الْخَمْرُ وَالْمَیْسِرُ وَالأَنصَابُ وَالأَزْلاَمُ رِجْسٌ مِنْ عَمَلِ الشَّیْطَانِ فَاجْتَنِبُوهُ لَعَلَّکُمْ تُفْلِحُونَ ٭ إِنَّمَا یُرِیدُ الشَّیْطَانُ أَن یُوقِعَ بَیْنَکُمُ الْعَدَاوَةَ وَالْبَغْضَاء فِی الْخَمْرِ وَالْمَیْسِرِ وَیَصُدَّکُمْ عَن ذِکْرِ اللّهِ... ﴾

“O you who have faith! Indeed wine, gambling, idols and the divining arrows are abominations of Satan’s doing, so avoid them, so that you may be felicitous. Indeed Satan seeks to cast enmity and hatred among you through wine and gambling, and to hinder you from the remembrance of Allah. ” [1]

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

Radiant capability of intellect in discerning value of actions

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

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act; we discern that God is pleased or displeased with a certain act.

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

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[1]: Of course, another part of life prior to the life in this world can also be considered and that is the life in the womb.

[1]: Bihar al-Anwar, vol. 32, p. 354.

[2]: Bihar al-Anwar, vol. 70, p. 225.

[3]: Surah an-Nisa’ 4: 10.

[1]: Tasbihat al-arba‘ah: literally, the four tasbihs; it refers to the recital of “Subhan Allahi wa’l-hamdulillahi wa la ilaha illallahu Allahu akbar” [Glory be to Allah; praise be to Allah; there is no god but Allah; Allah is greater]. [Trans. ]

[1]: Surah al-Ma’idah 5: 90-91.

Jurisdiction of Religion

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

Science mentions the amount and kind of elements needed to form different things and enumerates the physical and chemical properties, but it does not state how to use things in

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order to secure the real success of man. In this case, religion has to judge. Therefore, just as our personal action affects our felicity or wretchedness, our action in sociopolitical affairs has greater effect.

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

In this context, even if there is no pertinent Qur’anic verse or hadith, our intellect will discern that the observance of justice contributes toward the perfection, advancement and exaltation of man. When people do not regard their intellect as sufficient to discern ideological issues in these contexts, they have to resort to the Qur’an and the Sunnah. Of course, we believe that the intellect can understand many of the ideological issues in sociopolitical affairs. This does not mean, however, that whatever the intellect understands is outside the realm of religion.

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

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legislative will.

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

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

Relationship between Religion and Government

In view of the different forms of government existing in the world, especially the so-called Islamic governments formed during the Islamic period, it cannot be said that Islam has neither a positive nor negative view on the forms of government. If we try to compare the corrupt and oppressive government of Mu‘awiyah [1] and Yazid [2] with the just government of the Commander of the Faithful (‘a) , can we claim that the religion of Islam treats the two equally and does not make any distinction between the government of ‘Ali (‘a) and that of Mu‘awiyah?!

Can it be said that everybody is free to choose any form and system of government he likes, and religion cannot interfere; that the performance of neither the government of ‘Ali (‘a) nor

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that of Mu‘awiyah has any effect on the ultimate fate of man because the form of government is related to politics and this world and has nothing to do with religion?! Could any reasonable person accept such a contention? Can it be said that the two types of government are equal in the sight of religion and that religion neither recommends nor discourages any of them?

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

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

Can it be said that these tyrannical rulers are ideologically on the same footing

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

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

Our only point is that separating mundane affairs and temporal issues from the jurisdiction of religion will lead to the denial of Islam and has no other outcome. As we have said, every action contributes to our felicity or

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wretchedness, as the case may be. So, we have to acknowledge that religion can give its opinion on all matters in our lives and state their ideological value. As the Prophet (s) said:

مَا مِنْ شَىءٍ یقرّبکم إلىٰ الْجَنَّة وَ یباعدکم عَنِ النَّار إلاَّ وَقَدْ أمرتکم به و مَا مِنْ شَىءٍ یقرّبکم مِنَ النَّار وَ یباعدکم من الْجَنَّة إلاَّ وَقَدْ نَهَیْتَکُم عَنْهُ.

“There is nothing that would draw you toward paradise and keep you away from hell except that I commanded you and there is nothing that would draw you toward hell and keep you away from paradise except that I prohibited you. ” [1]

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

﴿فَأَمَّا الَّذِینَ شَقُواْ فَفِی النَّارِ... وَأَمَّا الَّذِینَ سُعِدُواْ فَفِی الْجَنَّةِ﴾

“As for the wretched, they shall be in the Fire… And as for the happy, they shall be in Paradise. ” [2]

Universality of Religion

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

This statement means that the Prophet (s) did not

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

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

Session 5: Freedom in Islam (Part 1)

Private realms of Knowledge and Religion

How and from which materials alcohol is formed and how many types of alcohol we have are scientific questions, and it is beyond the function of religion to address such questions. The function of religion is to state whether alcohol should be consumed or not, and whether the consumption of it is harmful to the soul and spiritual station of man or not. In other words, religion states whether it is halal or haram to consume alcohol. As in other cases, religion issues the ideological decree and value, and not the scientific data. Religion does not deal with the relation between different aspects of phenomena. Instead, it examines the relationship of phenomena with the soul of man and human interests.

In connection with

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the management of factory and business enterprises, expounding the correct method of management, presenting the design, program, schedule and control, and examining its outcome and pitfalls are concerns of the management which is the rightful scientific authority to address them. As to what products are produced in the factory according to the principle of halal and haram is linked to the soul of man and thus related to religion.

Skepticism on alleged contradiction between religious rule and freedom

The other fallacious misgiving that has been raised in different forms to deceive people is that if religion wants to interfere in sociopolitical affairs and compel people to observe a certain pattern of behavior and obey a certain person, it is repugnant to freedom; man is a creature possessing freedom and autonomy to do whatever he wants to do and no one should compel him to do a certain thing. For religion to determine his duty and ask him to obey, nay unconditionally obey, is inconsistent with freedom.

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[1]: Mu‘awiyah ibn Abi Sufyan was the first caliph of the Umayyad dynasty (40 AH/662 CE) , which ruled the Muslim world after the martyrdom of the Commander of the Faithful, ‘Ali ibn Abi Talib and the five-month rule of the second Imam, Hasan ibn ‘Ali (‘a). As the founder of the Umayyad dynasty, Mu‘awiyah revived hereditary monarchy and aristocracy in sharp contrast and opposition to the rudimentary precepts of Islam. [Trans. ]

[2]: Yazid ibn Mu‘awiyah (26-62 AH) succeeded his father to occupy the office of the caliphate in the year 60 AH. He was a young man devoid of knowledge and virtues and was well known for his debauchery and other vices. Yazid ruled for three and a half years. During his first year he killed Imam al-Husayn (‘a) and his votaries at Karbala’ and made the latter’s surviving kith and kin captives. In his second year as Caliph, he ransacked Medina (the seat of the Prophet’s rule and his burial site) , and in his third year of rule he invaded Mecca. [Trans. ]

[1]: Bihar al-Anwar, vol. 70, p. 96.

[2]: Surah Hud 11: 106, 108.

Propagating the above skepticism through a religious tune

In order to make this misgiving appealing to religious people, feigning religiosity and presenting oneself as a believer of the Qur’an, makes it appear religiously and Qur’anically based and claims that Islam respects human freedom; the Holy Qur’an negates the ascendancy and domination of others, and even the Messenger of Allah (s) has no dominance over any body and could not compel anyone; thus, by citing verses of the Qur’an, we are made to acknowledge that man is free and is not supposed to obey anyone.

The orientation of these misgivings and fallacies is

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to undermine the theory of wilayah al-faqih. The point it is trying to drive at is that obligatory obedience to the wali al-faqih is against human freedom, and this is contrary to the spirit of Islam which regards man as the noblest of creation and the vicegerent of God on earth. Let us quote below some verses cited by those expressing the misgivings:

While addressing the Prophet (s) , God says:

﴿فَذَکِّرْ إِنَّمَا أَنتَ مُذَکِّرٌ ٭ لَّسْتَ عَلَیْهِم بِمُصَیْطِرٍ﴾

“So admonish—for you are only an admonisher, and not a taskmaster over them. ” [1]

Based on this verse, the Prophet (s) who occupies the highest human station has no dominance over the people; the people are free and not required to obey the Prophet (s) and he has no right at all to express opinion on the lives of people!

﴿وَمَا جَعَلْنَاکَ عَلَیْهِمْ حَفِیظًا وَمَا أَنتَ عَلَیْهِم بِوَکِیلٍ﴾

“We have not made you a caretaker for them, nor is it your duty to watch over them. ” [2]

﴿مَّا عَلَى الرَّسُولِ إِلاَّ الْبَلاَغُ﴾

“The Apostle’s duty is only to communicate. ” [3]

﴿إِنَّا هَدَیْنَاهُ السَّبِیلَ إِمَّا شَاکِرًا وَ إِمَّا کَفُورًا﴾

“Indeed We have guided him to the way, be he grateful or ungrateful. ” [4]

﴿وَقُل الْحَقُّ مِن رَبِّکُمْ فَمَن شَاء فَلْیُؤْمِن و مَن شَاءَ فَلْیَکْفُرْ... ﴾

“And say, ‘[This is] the truth from your Lord: let anyone who wishes believe it, and let anyone who wishes disbelieve it’... ” [5]

Replying to the above skepticism

In contrast to the verses cited by the person expressing misgivings with the aim of negating the authority and supremacy of the Messenger of Allah (s) and the obligatory obedience to him, there

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are verses which are contradictory to the above verses, according to the incorrect understanding of the person expressing misgivings. Let us quote below some of these verses:

﴿وَمَا کَانَ لِمُؤْمِنٍ وَلاَ مُؤْمِنَةٍ إِذَا قَضَى اللَّهُ وَرَسُولُهُ أَمْرًا أَن یَکُونَ لَهُمُ الْخِیَرَةُ مِنْ أَمْرِهِمْ... ﴾

“A faithful man or woman may not, when Allah and His Apostle have decided on a matter, have any option in their matter... ” [1]

The above verse has explicitly mentioned the exigency of obeying and submitting to God and His Messenger (s) , saying that the faithful have no right to disobey and go against the Messenger of Allah (s).

﴿إِنَّمَا وَلِیُّکُمُ اللّهُ وَرَسُولُهُ وَالَّذِینَ آمَنُوا الَّذِینَ یُقِیمُونَ الصَّلاَةَ وَیُؤْتُونَ الزَّکَاةَ وَهُمْ رَاکِعُونَ﴾

“Your guardian is only Allah, His Apostle, and the faithful who maintain the prayer and give the zakat [2] while bowing down. ” [3]

﴿النَّبِیُّ أَوْلَى بِالْمُؤْمِنِینَ مِنْ أَنفُسِهِمْ... ﴾

“The Prophet is closer to the faithful than their own souls... ” [4]

Whether we consider the supremacy mentioned in the verse to mean guardianship [wilayah] or more worthy, the verse proves that the right of the Prophet (s) to decide for the people takes precedence over their right to decide for themselves. All the exegetes [mufassirin] point to this, and as such, the people have to accept the decision of the Prophet (s) over their own and have no right to oppose his decision and view. Of course, the verse states only the essence of wilayah of the Messenger of Allah (s) and not the limits of that wilayah—whether the limit of wilayah

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and preeminence of the Prophet’s decision applies only to social affairs or, in addition, also to personal affairs.

Undoubtedly, the skeptics who have resorted to the first group of verses in order to negate the wilayah of the Messenger of Allah and his successors cannot be expected to resolve the outward contradiction of these two groups of verses. Most of them are unaware of the existence of the second group, or do not accept the content of these verses. However, since we deny the existence of contradictions and inconsistencies in the verses, we should strive to resolve the outward contradiction of the verses. For this we need to pay attention to the particular course of both groups of verses by taking into account their contexts as well as the tone of the verses and their addressees in order to understand the real purpose of the verses.

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[1]: Surah al-Ghashiyah 88: 21-22.

[2]: Surah al-An‘am 6: 107.

[3]: Surah al-Ma’idah 5: 99.

[4]: Surah al-Insan (or, ad-Dahr) 76: 3.

[5]: Surah al-Kahf 18: 29.

[1]: Surah al-Ahzab 33: 36.

[2]: Zakat: the tax levied on various categories of wealth and spent on the purposes specified in Surah at-Tawbah 9: 60. [Trans. ]

[3]: Surah al-Ma’idah 5: 55.

[4]: Surah al-Ahzab 33: 6.

Reason behind the uniqueness of the Qur’anic approach

Once we scrutinize the two groups of verses, we will find that the tone and expression of the verses are different from each other. The first group of verses is in connection with those who had not yet embraced Islam. As such, God enlightens them with the truth of Islam and mentions the benefits of obeying Him.

Since He knows that the Prophet (s) , who is the embodiment of divine mercy and compassion, is worrying about the people who refuse to accept Islam, the path of truth, and obey God, as a result of which they will taste chastisement in hell, God consoles him—Why

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are you endangering your life out of grief and sorrow for the people’s refusal to embrace the faith? We ordained Islam for the people to accept it out of their own freewill and volition. Had We only wished, We could have guided all the people:

﴿وَلَوْ شَاءَ رَبُّکَ لآمَنَ مَن فِی الأَرْضِ کُلُّهُمْ جَمِیعًا أَفَأَنتَ تُکْرِهُ النَّاسَ حَتَّى یَکُونُوا مُؤْمِنِینَ﴾

“And had your Lord wished, all those who are on earth would have believed. Would you then force people until they become faithful? ” [1]

God’s purpose in sending down the apostles (‘a) is to guide the people in recognizing the truth and the path of salvation. They have to accept the religion of truth out of their own freewill, and God does not want to compel and force people to accept the faith. Faith acquired through compulsion is of no value and inconsistent with human guidance, which expects human beings to recognize and accept the truth with awareness and understanding, and not submit to it out of coercion. As such, God says:

﴿لَعَلَّکَ بَاخِعٌ نَّفْسَک أَلَّا یَکُونُوا مُؤْمِنِینَ ٭ إِن نَشَأْ نُنَزِّلْ عَلَیْهِم مِنَ السَّمَاءِ آیَةً فَظَلَّتْ أَعْنَاقُهُمْ لَهَا خَاضِعِینَ﴾

“You might kill yourself [out of distress] that they will not have faith. If We wish We will send down to them a sign from the sky before which their heads will remain bowed in humility. ” [2]

So, acceptance of Islam and faith depends on conviction of the heart. Such a conviction is acquired out of cognition and awareness, certain and solid proofs, and one’s freewill. It is

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not subject to coercion. As such, God says to His prophet (s) , “You did your duty. Your duty was to convey Our message and signs to the people. You are not supposed to worry about the polytheists’ refusal to accept the faith and to think that you did not do your duty. It is not part of your mission to let the people become Muslims by compulsion and force, because We did not make you dominant over the polytheists to make them Muslims by force.

In contrast to the first group of verses, the other group of verses addressed to those who embraced Islam out of recognition, awareness and their own freewill, informing them that they have to act upon the commandments of Islam, to obey the Prophet whom they believe to be from God and whose decrees and orders are all from Him, to submit to his decision, and not to have any right and option vis-à-vis his orders. Before embracing the faith, man has the right to choose, but after embracing the faith he has to submit to all the injunctions of the Islamic law [shari‘ah]. He who has faith in only a part of the divine laws has been strongly condemned by God, thus:

﴿إِنَّ الَّذِینَ یَکْفُرُونَ بِاللّهِ وَرُسُلِهِ وَ یُرِیدُونَ أَن یُفَرِّقُوا بَیْنَ اللّهِ وَرُسُلِهِ وَیقُولُونَ نُؤْمِنُ بِبَعْضٍ وَنَکْفُرُ بِبَعْضٍ وَیُرِیدُونَ أَن یَتَّخِذُوا بَیْنَ ذَلِکَ سَبِیلاً ٭ أُوْلَئِکَ هُمُ الْکَافِرُونَ حَقًّا... ﴾

“Those who disbelieve in Allah and His apostles and seek to separate Allah from His apostles, and

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say, ‘We believe in some and disbelieve in some’ and seek to take a way in between—it is they who are truly faithless... ” [1]

The acceptance of a portion of the decrees and rejection of the rest, the acceptance of a part of the laws and rejection of the rest actually mean the non-acceptance of the essence of religion, because, if the criterion of acceptance of religion is acceptance of the commands of God, one has to act upon the kernel of divine ordinance, and divine ordinance requires acceptance of all decrees and laws. Even if the criterion of acceptance of religion is the benefit and harm embedded in the commandments of God, undoubtedly God is well aware of it. So, why accept only some of the laws?

Only he who has faith in God would believe in the Prophet (s) , submit to his decision, decree and order, be pleased with them and not nurse a grudge in his heart:

﴿فَلاَ وَرَبِّکَ لاَ یُؤْمِنُونَ حَتَّىَ یُحَکِّمُوکَ فِیمَا شَجَرَ بَیْنَهُمْ ثُمَّ لاَ یَجِدُواْ فِی أَنفُسِهِمْ حَرَجًا مِمَّا قَضَیْتَ وَیُسَلِّمُوا تَسْلِیمًا﴾

“But no, by your Lord! They will not believe until they make you a judge in their disputes, then do not find within their hearts any dissent to your verdict and submit in full submission. ” [2]

The truly faithful are sincerely pleased with the order and decision of the Messenger of Allah (s) and do not worry about them because they believe that the Prophet (s) has been appointed by God and his decree is God’s

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decree for he does not speak without Divine guidance:

﴿إِنَّا أَنزَلْنَا إِلَیْکَ الْکِتَابَ بِالْحَقِّ لِتَحْکُمَ بَیْنَ النَّاسِ بِمَا أَرَاکَ اللّهُ﴾

“Indeed We have sent down to you the Book with the truth, so that you may judge between the people by what Allah has shown you. ” [1]

After embracing Islam and expressing belief in it, the person who says, “I am free in acting upon the laws of Islam; I would do so if I like and I would not do so if I don’t,” is like saying that in a country where a democratic and liberal system exists, the people voluntarily participate in the referendum, and through a majority vote, choose their government, deputies and concerned authorities of the social system, but once they install the legitimate government they shrink from following it!

When that government levies taxes from the people, they say, “We will not pay taxes. We were free to elect a government, now, we are equally free to follow its orders, or refuse to discharge our responsibilities. ” Obviously, no reasonable person will ever accept such attitude and behavior.

Yes, at the beginning no one will be compelled to accept Islam because basic acceptance of it is a matter of faith and conviction of the heart. By force no one will believe in Islam, God and the Resurrection. However, once he accepts Islam and is asked to pray and says that he does not want to pray or once he is asked to pay zakat and refuses to do so, no

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reasonable person will believe him (to have really embraced Islam). Is it possible for a person to accept a religion but not submit to its laws and act voluntarily upon them?

He who accepts Islam should be bound by its laws. Similarly, no government will accept a person who votes for it but in practice refuses to accept its laws and regulations. Commitment to contracts and obligations is the most fundamental principle in social life. If there is no commitment to promise, faithfulness to agreement, pact and treaty, and discharging of duties, social life will never be possible.

Therefore, there is no sense in a person saying that he accepts Islam and believes in the Prophet being sent by God, but neither acts upon his orders nor accepts his authority and guardianship. Undoubtedly, there is a blatant contradiction in the acceptance of Islam without following the Messenger of Allah (s).

It is clear that if we examine truly the verses of the Qur’an and consider the tone and style of the two groups of cited verses, we will not find any contradiction in the Qur’an and skepticism on the incompatibility of submission and obedience to others with the principle of human freedom, also endorsed by the Qur’an, will be uprooted. Yet, sick hearts do not look at the Qur’an with sincerity, truthfulness and justice. They refer to the Qur’an for a basis for their deviant opinion, and as such, they tend to be selective without considering the important context of the

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verses. According to the Qur’an, the deviators abandon its definitive verses [muhakkamat] and intentionally emphasize its metaphorical verses [mutashabihat]:

﴿…فَأَمَّا الَّذِینَ فی قُلُوبِهِمْ زَیْغٌ فَیَتَّبِعُونَ مَا تَشَابَهَ مِنْهُ ابْتِغَاء الْفِتْنَةِ وَابْتِغَاء تَأْوِیلِهِ وَمَا یَعْلَمُ تَأْوِیلَهُ إِلاَّ اللّهُ وَالرَّاسِخُونَ فِی الْعِلْمِ…﴾

“…As for those in whose hearts is deviance, they pursue what is metaphorical in it, courting temptation and courting its interpretation. But no one knows its interpretation expect Allah and those firmly grounded in knowledge…” [1]

Apart from looking for the mutashabihat, they quote verses out of context and then imagine that verses of the Qur’an are contradictory! We have said that the verses that speak about the lack of dominance of the Prophet (s) over the people are addressed to the unbelievers prior to their acceptance of Islam. The Messenger of Allah (s) could neither invite them to Islam by means of compulsion nor exert authority over them. Actually, according to those verses, the freedom of action and liberty in accepting the divine orders are prior to the acceptance of Islam.

After the acceptance of Islam, every Muslim has to accept the guardianship and authority of the Prophet (s) and Islamic rulers. He is obliged to observe the Islamic values. The Islamic state does not interfere in the personal and private life of individuals as well as in actions done in secrecy, but in relation to the social life and interaction with others, it requires everybody to observe the divine limits. It deals severely with transgression of chastity and divine values, defamation of

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religious sanctities, and spread of perversion and vices. This is actually a manifestation of the Islamic rulers’ guardianship over society, urging it to comply with the requirements of faith and Islam—Islam which they have accepted out of their own freewill.

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[1]: Surah Yunus 10: 99.

[2]: Surah ash-Shu‘ara’ 26: 3-4.

[1]: Surah an-Nisa’ 4: 150-151.

[2]: Surah an-Nisa’ 4: 65.

[1]: Surah an-Nisa’ 4: 105.

[1]: Surah Al ‘Imran 3: 7.

Propagating the skepticism through an extra-religious approach

We have so far replied to the skepticism raised by someone posing to be a religious Muslim who, by citing the Qur’an, concludes that Islam should neither have mandatory orders nor interfere in the lives of people because it is inconsistent with the accepted principle of freedom in Islam. Now, we shall reply to the skepticism in the meta-religious and extra-religious form and approach.

The non-Muslim skeptic tries to show that mandatory religious orders and the call for the people to follow and obey are inconsistent with the essence and fundamental nature of humanity. Of course, this skepticism has been expressed in different forms and shapes. We shall point out some of them below:

In the parlance of logic, freewill constitutes the essence of humanity. Now, if we deprive man of freewill and liberty and compel him, it means depriving him of humanity and likening him to an animal with a bridle on his neck to be pulled here and there. So, to respect man and protect his humanity requires that the right to choose be given to him. As such, religion should not have mandatory decrees that urge him to obey the Prophet, Imams and the successors and deputies of the infallible Imam (‘a) , for in doing so, he is reduced

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to the level of an animal which is pulled here and there.

Hume’s skepticism and the first reply to the above skepticism

We shall give two replies to the above skepticism and the first reply is linked with Hume’s [1] skepticism which is incidentally accepted by skeptics. Hume’s skepticism holds that the perceiver of “beings” is the theoretical intellect while the perceiver of “dos and don’ts” is the practical intellect. Since the theoretical intellect is alien and has no relation to the practical intellect, one can not regard the objects perceived by the practical intellect—dos and don’ts—on the basis of the theoretical intellect.

This skepticism of Hume drew the attention of Western philosophers and they made it the foundation and basis of many of their theories and scientific ideas. After the victory of the Islamic Revolution in Iran a number of the so-called intellectuals utilized this skepticism. In their discussions they argued that we can never deduce “beings” from “dos and don’ts”. If a person has a distinct character and attribute, we cannot conclude that he should therefore be or not be so-and-so, because the perceiver of the former is the theoretical intellect while that of the latter is the practical intellect and these two are not related to each other.

The same people who accept this skepticism of Hume say that compelling people is inconsistent with their humanity, and religion should not have mandatory orders for people because people are free and autonomous. They say at the outset that man is free, and then conclude that he should be set free

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and not forced. Therefore, from the free nature of man which is among the “beings” that are perceived by the theoretical intellect, they draw “dos and don’ts” which are perceived by the practical intellect, and this is in conflict with their own basis. They themselves do not accept that “dos” should be drawn from “beings”.

Of course, we believe that in cases where “beings” are the sheer cause of a phenomenon, one can arrive at “dos and don’ts”, but such a conclusion cannot be arrived at in our discussion because his freedom is not the sole cause of his being compelled. Rather, freewill paves the ground for duty, and the duty and obligation to do or not to do a certain act is based on the benefit or harm, as the case may be, that actions cause. So, the mandatory order to do a certain act is meant to secure the benefits embedded in it and the reason behind the prohibition of a certain act is the harms it entails.

Second reply—absoluteness and limitlessness of freedom

If we submit to the skepticism—and say that since man is free, a mandatory law should not be imposed on him and no government should have mandatory orders for people; that they should be free to do whatever they like; and that imposition means deprivation of freedom which, in turn, means deprivation of humanity, and thus, no law is credible!! This actually means we accept anarchy and the law of the jungle. Basically, to be mandatory is the eminent feature of

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law.

In every system and structure, once a person accepts certain laws and orders, he has to act upon them under all circumstances. It is not possible for a person to accept the law but when he sees that its implementation is detrimental to him, he does not follow it without considering its benefit and harm. In this case, the system will collapse and no progress can be made. So long as a law is regarded as credible and official by the legislative authorities, all need to follow it even if it is found to be defective, it is not their prerogative but the duty of the concerned authorities to address the matter. Under the pretext of the defect in the law, the rest are not supposed to shrink from following it.

Skepticism on alleged contradiction between government authority and man’s divine vicegerency (khilafah)

The other skepticism they have expressed is that, as stated in the Qur’an, man is the vicegerent of Allah [khalifat Allah]. It means that he is the viceroy of God on earth and acts like God. Just as God has created the universe, man also has to create phenomena. Just as God administers the world as He wills, man also has to do whatever he likes on earth.

Reply to the above skepticism

The reply to the above skepticism is that the meaning of divine vicegerency [khilafat-e ilahi] should be properly understood and it must be noted that the title “khalifat Allah” mentioned in the Qur’an for Hadrat [1] Adam (Adam) (‘a) [2] is not applied to all the Children of Adam because the Qur’an calls some of

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them “devils” when it says:

﴿وَکَذَلِکَ جَعَلْنَا لِکُلِّ نِبِیٍّ عَدُوًّا شَیَاطِینَ الإِنسِ وَالْجِنِّ﴾

“That is how for every prophet We appointed as enemy the devils from among humans and jinn. ” [1]

Undoubtedly, the human devil is neither a viceroy of God nor among those before whom the angels had to prostrate when God said:

﴿وَإِذْ قَالَ رَبُّکَ لِلْمَلاَئِکَةِ إِنِّی خَالِقٌ بَشَرًا مِن صَلْصَالٍ مِن حَمَاءٍ مَسْنُونٍ ٭ فَإِذَا سَوَّیْتُهُ وَنَفَخْتُ فِیهِ مِن رُوحِی فَقَعُوا لَهُ سَاجِدِینَ﴾

“When your Lord said to the angels, ‘Indeed I am going to create a human out of a dry clay [drawn] from an aging mud. So when I have proportioned him and breathed into him of My spirit, then fall down in prostration before him’. ” [2]

The vicegerent of Allah possesses great distinction and qualities such as knowledge of the Names—“And He taught Adam the Names, all of them... ” [3] Also, the viceroy of God must be capable of implementing justice on earth. So, the wicked man who sheds blood in the world and does not refrain from committing any crime, or the one who does not possess any sense of justice cannot be the viceroy of God. Is God an oppressor that His vicegerent is also an oppressor?

The vicegerent of Allah is he who manifests divine qualities in his private and social life, and not just any two-footed being walking on the surface of the earth. Therefore, those who are striving to misguide people and overthrow the Islamic government are not only unqualified to be divine vicegerents but they are

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the same human devils who are regarded by God to be viler than animals, and about whom He says:

﴿إِنَّ شَرَّ الدَّوَابُ عِندَ اللّهِ الصُّمُّ الْبُکْمُ الَّذِینَ لاَ یَعْقِلُونَ﴾

“Indeed the worst of beasts in Allah’s sight are the deaf and the dumb who do not apply reason. ” [1]

To say that human dignity lies in freedom and that anything which limits this freedom is condemnable and unacceptable is a deceptive slogan chanted by the Western world. Without paying attention to its corollaries, some people in other countries have also pursued it and are regularly insisting on it. Undoubtedly, to deal with this slogan and the objectives it tries to attain requires a lengthy discussion on which we shall embark in the future.

But for the meantime, let us briefly pose this question: What does it mean by saying that man should be absolutely free and have no restrictions at all? Does it mean that there should be no mandatory law? This is something which no rational person will ever accept because it implies that everyone is free to do whatever he likes—everyone is free to commit murder, transgress upon the chastity of women, and create havoc in society! Certainly, the first harm and mischief of such an outlook will be tasted by its proponent. Could there possibly be a society where such freedom is prevalent? Obviously there is no concept of unrestrained freedom and man is not free to do whatever he likes.

Clarifying that freedom has limitations and restrictions, the question arises:

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Who should determine the extent and limit of freedom? And, what is the extent of freedom? If every person is supposed to determine the scope and extent of freedom, everyone would do whatever he likes which will manifest the same problems indicated in relation to absolute freedom. So, there is no option but to consider a legal reference in order to describe and determine the scope, limit and boundary of freedom.

In this case, if a person acknowledges the existence of God and believes that He knows better than him what is beneficial and harmful to man, and Who does not acquire any benefit from the lives of people and only wishes what is good for His servants, for him, is there anyone worthier than God in determining the limits of freedom? Thus, there is no contradiction in the intellectual and ideological system of the Muslims because they believe in God who knows best what is beneficial and harmful for human beings. It is He who has stated the limits and boundaries of freedom.

But if we do not believe in God, or believe in monotheism but do not recognize God as the authority determining the limits of freedom and believe that the people themselves should determine the limits of freedom, we will be afflicted with thousands of evils, because people will never arrive at a consensus. Even if the majority determines the limits of freedom, how will the minority that does not accept the limits of freedom determined by the

majority exercise its rights? So, freedom is an elegant and pleasant term but it is not absolute and unrestricted. No one can claim absolute freedom.

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[1]: David Hume (1711-1776) , Scottish historian and philosopher, who influenced the development of skepticism and empiricism, two schools of philosophy, is considered one of the greatest skeptics in the history of philosophy. Hume thought that one can know nothing outside of experience, and experience —based on one’s subjective perceptions— never provides true knowledge of reality. Accordingly, even the law of cause and effect was an unjustified belief. [Trans. ]

[1]: Hadrat: The Arabic word Hadrat is used as a respectful form of address. [Trans. ]

[2]: In this regard, God says:

﴿ وَإِذْ قَالَ رَبُّکَ لِلْمَلاَئِکَةِ إِنِّی جَاعِلٌ فِی الأَرْضِ خَلِیفَةً قَالُوا أَتَجْعَلُ فِیهَا مَن یُفْسِدُ فِیهَا وَ یَسْفِکُ الدِّمَاءَ 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’. ” (Surah al-Baqarah 2: 30)

[1]: Surah al-An‘am 6: 112.

[2]: Surah al-Hijr 15: 29-30.

[3]: Surah al-Baqarah 2: 31.

[1]: Surah al-Anfal 8: 22.

Session 6: Freedom in Islam (Part 2)

Expressing skepticism on the foundation of historical development of man

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

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

Nowadays, man does not feel obedient and subservient. He feels he is his own master. So, he says that we are servants and God is the Master, but regards himself as the vicegerent of Allah. He who is the vicegerent of God has

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no feeling of servitude and is not inclined to receiving orders and obeying God. Rather, he has a feeling of Lordship. God is dismissed and he replaces Him. He does whatever he likes. This is the age of modernism and the dominance of a new civilization over mankind.

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

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

The social system, however, has been transformed, and

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it is no longer relevant to talk about obedience, submission and duty. Instead one needs to talk about human rights. The people have to be informed that they have the right to live in whatever way they like. They have the right to wear whatever style of dress they like, and to appear in public in whatever manner they like.

Reply to the above skepticism

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

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

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wa tashri‘i] of God is also necessary for belief in monotheism [tawhid]).

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

﴿سُبْحَانَ الَّذِی أَسْرَى بِعَبْدِهِ لَیْلاً مِّنَ الْمَسْجِدِ الْحَرَامِ إِلَى الْمَسْجِدِ الأَقْصَا…﴾

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

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

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He says:

﴿یَا أَیَّتُهَا النَّفْسُ الْمُطْمَئِنَّةُ ٭ ارْجِعِی إِلَى رَبِّکِ رَاضِیَةً مَّرْضِیَّةً ٭ فَادْخُلِی فِی عِبَادِی﴾

“O soul at peace! Return to your Lord, pleased, pleasing! Then enter among My servants! ” [1]

From the legislative angle, to say that freedom of man is inconsistent with subservience to law and assumption of responsibility will lead to savagery, barbarity and chaos. This notion that being free man can do whatever he likes and even defy the law he himself approved of is inapplicable even in the jungle because there also are certain laws observed by the animals! We, beating the drum of civilization and civility, have to accept that the first pillar of civility is the acceptance of responsibility and observance of law. Through unconditional non-acceptance of restrictions and responsibility, one can not claim modern civilization. Rather, he should find himself drowned in the lowest firm if barbarity.

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

It follows that the hallmark of humanity is

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

Expressing the above skepticism through a different approach

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

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

As such, modern man has wound up the case of acceptance of duty and responsibility which belonged to the age of barbarity and intransigence, and is striving to reclaim his rights. Nowadays, to talk about duty and discharging of responsibility is retrogression and a return to the pre-modern age. In this age of human rights, when by the blessings of democracy, man was released from the bondage of slavery and colonialism, the time has come

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for us to abandon the ancient religions which were consistent with the age of slavery and turn our attention to new religions that talk about human rights.

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

Reply to the above skepticism

The claim that today’s man is only looking for rights without duties is an idle and false claim. As legal philosophers say, “No right can be established for a person without there being a duty established for others. For example, if the right of using clean and fresh air is established for a citizen, other citizens are duty-bound not to pollute the air. So, if everybody has the right to pollute the air, the right to use clean air loses meaning.

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

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inadmissible.

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

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

[1]: Surah al-Fajr 89: 27-29.

Disobedience to God in the past

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

﴿وَاتْلُ عَلَیْهِمْ نَبَأَ ابْنَیْ آدَمَ بِالْحَقِّ إِذْ قَرَّبَا قُرْبَانًا فَتُقُبِّلَ مِن أَحَدِهِمَا وَلَمْ یُتَقَبَّلَ مَنَ الآخَرِ قَالَ لَأَقْتُلَنَّکَ قَالَ إِنَّمَا یَتَقَبَّلُ اللّهُ مِنَ الْمُتَّقِینَ﴾

“Relate to them truly the account of Adam’s two sons. When the two of them offered an offering, it was accepted from one of them and not accepted from the other. [One of them] said, ‘Surely I

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will kill you. ’ [The other one] said, ‘Allah accepts only from the God-wary’. ” [1]

The historical accounts of the prophets of Allah (‘a) mentioned in the Qur’an indicate that most people used to belie their own prophet. Not only did they reject his prophetic call but also wrongly accused him. They used to ridicule and mock their own prophet and even kill or expel him from their city. If a prophet would say something beneficial for them by prohibiting them from doing wrong, for e. g. , weighing wrongly—“And do not cheat the people of their goods” [2] —they would say to him in return:

﴿قَالُواْ یَا شُعَیْبُ أَصَلاَتُکَ تَأْمُرُکَ أَن نَتْرُکَ مَا یَعْبُدُ آبَاؤُنَا أَوْ أَن نَفْعَلَ فِی أَمْوَالِنَا مَا نَشَاء... ﴾

“They said, ‘O Shu‘ayb (Jethro) , does your worship require that we abandon what our fathers have been worshipping, or that we should not do with our means whatever we wish?... ’” [3]

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

But this statement is unwise from the authentic viewpoint of revelation [wahy], because according to it, man is situated between two ways—servitude to God or servitude to the taghut [4] —and it is impossible not to choose one of them. If a person chants the slogan that “I am nobody’s servant,” in reality

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he is a servant of the taghut and his own carnal desires. As such, the Qur’an says:

﴿اللّهُ وَلِیُّ الَّذِینَ آمَنُواْ یُخْرِجُهُم مِّنَ الظُّلُمَاتِ إِلَى النُّوُرِ وَالَّذِینَ کَفَرُوا أَوْلِیَآؤُهُمُ الطَّاغُوتُ یُخْرِجُونَهُم مِّنَ النُّورِ إِلَى الظُّلُمَاتِ... ﴾

“Allah is the Master of the faithful: He brings them out of darkness into light. As for the faithless, their patrons are the Rebels [taghut], who drive them out of light into darkness…” [1]

In another place, God says:

﴿أَلَمْ أَعْهَدْ إِلَیْکُمْ یَا بَنِی آدَمَ أَنْ لا تَعْبُدُوا الشَّیْطَانَ إِنَّهُ لَکُمْ عَدُوٌّ مُبِینٌ ٭ وَأَنْ اعْبُدُونِی هَذَا صِرَاطٌ مُّسْتَقِیمٌ﴾

“Did I not exhort you, O children of Adam, saying, ‘Do not worship Satan. He is indeed your manifest enemy. Worship Me. This is a straight path’? ” [2]

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

Realizing that refusal to accept the truth,

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

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

Thus, he who refuses to accept the law, duty and responsibility actually advocates a return to savagery and barbarism. Certainly, he who has such an idea and disposition can never be the saintly vicegerent of Allah, who is our model. (It is necessary to note that the slogan of civility and the rule of law prevalent nowadays in our society, means the attainment of the peak of civility and the rule of law in which there is no violation whatsoever. It is a fact that something new has

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happened, and our society since the past 19 years, [1] after the victory of the Islamic Revolution, is now moving toward civility. In fact, our Revolution occurred on the basis of the perennial civility and civilization of Islam, and one of its principal mottos and objectives was the observance of divine law in all affairs. )

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[1]: Surah al-Ma’idah 5: 27.

[2]: Surah ash-Shu‘ara’ 26: 138.

[3]: Surah Hud 11: 87.

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

[1]: Surah al-Baqarah 2: 257.

[2]: Surah Ya-Sin 36: 60-61.

[1]: It is now almost three decades. [Trans. ]

Following God and freedom

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

﴿وَلَقَدْ بَعَثْنَا فِی کُلِّ أُمَّةٍ رَّسُولاً أَنِ اعْبُدُوا اللّهَ وَاجْتَنِبُوا الطَّاغُوتَ... ﴾

“Certainly We raised an apostle in every nation [to preach: ] ‘Worship Allah, and keep away from the Rebel’…” [2]

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

“Indeed we belong to Allah, and to Him do we indeed return. ” [3]

Now, once we recognize God as the Real Master of the universe and ourselves, how can it be accepted that He has no right to give orders and issue decrees to us? Is ownership other than that the owner can use his property in whatever way he likes? Therefore, it is inadmissible to claim that we have accepted Islam yet we have not subjected ourselves to the bond of servitude to God; for, absolute freedom is condemned by both religion and the intellect.

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Islam and religion are proclaimers of freedom. This is freedom from worship, and obedience of the taghuts and other than God, and not a deliverance from obedience to God. Man is created free and autonomous but he is legislatively and legally bound to follow God. He has the right to freely choose to obey or disobey God. Essentially, in the world of creation the seal of servitude is put on every phenomenon. Intrinsically, no creature exists without the mark of servitude to God:

﴿تُسَبِّحُ لَهُ السَّمَاوَاتُ السَّبْعُ وَالأَرْضُ وَمَن فِیهِنَّ وَإِن مِن شَیْءٍ إِلاَّ یُسَبِّحُ بِحَمْدَهِ وَلَکِن لا تَفْقَهُونَ تَسْبِیحَهُمْ... ﴾

“The seven heavens glorify Him, and the earth [too], and whatever is in them. There is not a thing but celebrates His praise, but you do not understand their glorification. ” [1]

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

﴿أَلَمْ تَرَ أَنَّ اللَّهَ یُسَبِّحُ لَهُ مَن فِی السَّمَاوَاتِ وَالْأَرْضِ وَالطَّیْرُ صَافَّاتٍ کُلٌّ قَدْ عَلِمَ صَلَاتَهُ وَتَسْبِیحَهُ... ﴾

“Have you not regarded that Allah is glorified by everyone in the heavens and the earth, and the birds spreading their wings. Each knows his prayer and glorification. ” [2]

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

﴿إِنَّا هَدَیْنَاهُ السَّبِیلَ إِمَّا شَاکِرًا وَإِمَّا کَفُورًا﴾

“Indeed We have guided him to the way, be he grateful or ungrateful. ” [3]

He has to take into account the purpose and philosophy of his

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

﴿ وَ ما خَلَقْتُ الْجِنَّ وَ الإِْنْسَ إِلاَّ لِیَعْبُدُونِ ﴾

“I did not create the jinn and humans except that they may worship Me. ” [1]

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

﴿ الَّذِی خَلَقَنِی فَهُوَ یَهْدِینِ. وَ الَّذِی هُوَ یُطْعِمُنِی وَ یَسْقِینِ. وَ إِذا مَرِضْتُ فَهُوَ یَشْفِینِ. وَ الَّذِی یُمِیتُنِی ثُمَّ یُحْیِینِ ﴾

“ (It is God) who created me, and it is He who guides me, and provides me with food and drink, and when I get sick, it is He who cures me; who will make me die, then He will bring me to life” [2]

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

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and far from humanity, let alone having an Islamic basis.

Session 7: Freedom, Its Limits and Boundaries

Islamic political theory and skepticism on alleged restriction of freedom

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

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

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

For example, all of us are familiar with the term “culture”. This term has often been used

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

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

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[2]: Surah an-Nahl 16: 36.

[3]: Surah al-Baqarah 2: 156.

[1]: Surah al-Isra’ (or Bani Isra’il) 17: 44.

[2]: Surah an-Nur 24: 41.

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

[1]: Surah adh-Dhariyat 51: 56.

[2]: Surah ash-Shu‘ara’ 26: 78-81.

Different outlook on concept of freedom

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

If we try to examine the set of articles, books and treatises relevant to the concept of freedom, especially works published in recent years, we will find out that there is no common and specific concept about freedom among authorities and writers. A person defines freedom in a certain way and defends

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

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

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

Similar is the case of the term “liberalism” which was formerly translated as “freedom-loving” and like the term “freedom”, possesses distinct attractiveness, sanctity and desirability. As such, during

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the final decades of the Pahlavi rule, parties described as “freedom-loving parties” were formed.

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

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

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

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

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

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

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

Others

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

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

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you, revile you and abuse you. ”

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

Now, if someone wants to write something in the newspaper against a person and besmirch his reputation, there is no physical contact and there is no verbal insult and defamation, will that person allow him? He will certainly not allow him. He will regard this act as a violation of his reputation and integrity. He will not allow others to besmirch his reputation and trample upon his rights. Thus, so far three main conditions of freedom have been confirmed. If these conditions are not observed, the rights of others will be violated.

Need to observe the values and sanctities of every society

Another point which we have to deal with is that values and sanctities are different in every society and considered relatively. For example, in some societies there is no problem if a person wants to have a relationship with the sister or daughter of another person. As, in European and American countries, if a person wants to establish a friendly relationship with any woman there is no restriction if it is with the consent of the two parties. But if the woman is forced she goes to court to say that he had sex with her without her consent, and the court will examine her claim. But there is no

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problem if a man and a woman have a voluntary sexual relationship! If a person tells another, “Your sister is my girlfriend and last night we were together in a certain place,” this statement is not strange in Western culture. In fact, some would even be pleased to hear it. In our society and environment, however, it is uncalled for and treated as an abuse, and no one has the right to say so.

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

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

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dearer to people than their own lives.

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

Illegitimate motives in exercising freedom

What do those who talk about freedom and allege its absence in Iran, want to say? Some of them yearn for the Western lifestyle. In Iran this practice is not allowed. Why? Is it because the Islamic government receives orders from Islam, God and the Prophet (s)? They do not want to accept the decree of God, so they object to the orders of the wali al-faqih, while the wali al-faqih does not say anything from himself:

﴿فَإِنَّهُمْ لاَ یُکَذِّبُونَکَ وَلَکِنَّ الظَّالِمِینَ بِآیَاتِ اللّهِ یَجْحَدُونَ﴾

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

Does the duly competent faqih and marja‘ at-taqlid [source of emulation] say something about himself? Whatever he says is taken from the Qur’an and a hadith, words of God and the Prophet (s) , but they do not want to acknowledge this

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fact. In open spaces at prestigious American universities, male and female students behave in a manner that we are ashamed of mentioning. It is obvious what must be taking place in the places of pleasure of such a society. If a film taken in one of these places of pleasure is placed at the disposal of the youth in this country, you might guess what impact it will have!

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

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

Some people might say that we are indeed Muslims, have voted for this system, believe in the

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Imam and the Leader, and we do not want the kind of freedom prevalent in the West. Rather we want to have the freedom of expression, freedom of the press and freedom of action. Grant this freedom to us and allow us to say whatever we want. This point of request is reasonable.

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

Limits of freedom of expression

If freedom means speaking and writing freely about things that are not permissible in action, it is clearly paradoxical. When somebody utters a single offensive word against you, you are ready to go to a court of law and file a complaint? How come you do not allow somebody to publish certain personal matters about you in a newspaper yet demand the freedom to divulge the secrets of a nation? How come divulging personal secrets of a person is not permissible, but divulging the secrets of a nation is permissible?!

In your opinion, when a person turns into seventy million people, divulging his secrets becomes permissible! Should it not be proper to observe a limit with respect

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to a society both in speech and writing, and realize that everything cannot be uttered and written? Every society has its sanctity, rights and values, which must be preserved, not violated.

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

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

Need to explain concept and manifestation of terms

Instead of using ambiguous and confusing terms, I will focus on their manifestation to decide whether a demand is permissible or not. For example, instead of asking whether Islam is compatible with democracy or not, you have to ask, “What do you want and what do you wish to do? If you want to disregard

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God and His decrees, then this is not permissible in Islam. If democracy means that the people have the right to enact any law even if it is against the law of God, we will not accept such a democracy even if the whole world backs it up.

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

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

However, if by democracy you mean that the people should have free elections, freely elect the members of parliament and the president, and have the right to call to account the members of parliament and other government officials,

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

Session 8: An Elucidation of the Structure and Form of Government

Status of elemental and evidential definition

In this session our discussion is about the structure and form of the Islamic government. Along this line, I deem it proper to narrate a recollection from the Great Leader of the Islamic Revolution in Iran, Hadhrat Imam Khomeini (q). During the beginning of the Revolution foreign reporters asked the Imam, “After overthrowing the monarchical government, what government and regime will you establish? ” He replied, “A government like that of the Commander of the Faithful (‘a) ”.

Defining and describing the Islamic government to reporters with a particular culture and social fabric and no mental preparation to grasp Islamic concepts in view of their fundamental differences with us in this context, required many hours. Yet, the Imam gave them a complete and convincing answer in one sentence, because by knowing the distinctive features of the government of the Commander of the Faithful (‘a) —which is known to both friends and foes, and to know which does not require much extensive study and examination—the model of our government could also be known.

This

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type of explanation and definition, i. e. evidential definition, is the simplest way of describing the nature of a thing to the masses because understanding intricate concepts is difficult for them, so by indicating external manifestations and samples, they understand better. For example, in order to explain electricity, we show them an electric light or an electric device. In this type of definition, the characteristics, properties and salient features of a thing are not mentioned. In the academic and scientific circles, however, the definition must be derived from the principal or secondary features which describe the genus and quality mentioned in logic. In this kind of definition, initially the general and broad meaning is mentioned and then the specific meaning that excludes other types.

Another way of identifying the nature of a thing is to consider the elements. That is, the essentials and features of a thing are examined and their totality serves as the definition of that thing. In view of the number and scope of the essentials and features, any person will conclude that any thing having those features has the nature under consideration.

Islam and theory of separation of powers

point

The macrostructure of the Islamic government and its basic features, or the Islamic theory on politics can be defined in one sentence. The Islamic theory on politics is: all aspects of politics and government are divine, and inspired by the Source of revelation. This point determines the Islamic nature of the system and government.

In describing comprehensively the Islamic government it is necessary to consider

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the theory of separation of powers mentioned in the philosophy of law. During the last centuries there were intense disputes and conflicts among legal philosophers over concentration or separation of powers. These were on whether all powers should be in the hands of an individual or group, or powers should be separated from one another and every person or group should be concerned with only one power.

Finally, after the Renaissance, particularly after Montesquieu—who wrote a major treatise entitled “The Spirit of the Laws” (1748) in which he emphasized separation of powers—legal philosophers arrived at a consensus on separation of powers and their three divisions, viz. the legislative, the judicial and the executive. These were considered as the main branches of democratic and popular governments. [1] For each of the powers a distinct realm and area was taken into account so that none of the powers was authorized to interfere and meddle in another’s domain and their independence officially recognized. After the separation of powers, a definition was presented for each of them. We shall briefly mention their functions below:

1. Legislative power

One of the important pillars of government is the legislative. In view of the continuous change in social life and the need to formulate appropriate laws for every change, a group of individuals sit together, and, after discussion and deliberation, enact laws and regulations for the management of society, which are official and binding.

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[1]: Surah al-An‘am 6: 33.

[1]: Sometimes, in contrast to the common term “government” applied to the three powers, “government” is only applied to the executive power. Of course, this is a specific term which is used in limited cases. Usually, “government” is used in its common and broad meaning.

2. Judicial power

After the codification of laws and their official recognition and accreditation, there is a need to consider a

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branch of government and apparatus to adapt general laws to particular cases, to identify rights and duties, and to remove differences and disputes. In case of a dispute among citizens, or among organs, or between the citizens and the government, as well as in relation to the violation of the rights of people, the only authorized agency to adjudicate, attend to and adapt laws to those cases is the judicial power. Mere ratification of laws in parliament cannot solve any problem, because in times of dispute and discord, everyone deems himself rightful and interprets the law in his favor.

3. Executive power

Undoubtedly, In order to achieve its objectives, society is in need of law, but all people do not observe the laws. In fact, there are various motives to violate them. The law needs an executive power which possesses sufficient clout to implement the rules and regulations. The executive power is expected to implement laws, deter violations and implement judicial decrees passed in judicial courts. Along this line, if naked force is needed to implement laws and punish violators and criminals, disciplinary forces can be employed.

We briefly stated the theory of separation of powers in democratic and popular systems. We do not intend to explain the Islamic viewpoint on the theory of separation of powers but we deem it necessary to note that in the Constitution of the Islamic Republic of Iran, the principle of separation of powers has been accepted, while the principle of wilayah al-faqih, which emanates from the Islamic nature

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of the system, serves as the point of connection between the powers. Legitimacy of powers in the Islamic system lies in the Islamic and divine structure, and in a sense in their connection to the Origin of creation, but wilayah al-faqih is the system’s link to God and its basis of legitimacy.

Once we talk about the enactment and implementation of laws in the realm of Islamic political system and claim that the aggregate of approved laws and rules should be Islamic and religious, we make it clear that Islam is concerned not only with issues pertaining to prayer and fasting, worship and supplication, but it is a comprehensive code of life that embraces social law, corporate law, civil law, commercial law, international law and other laws needed by society.

Thus, as principle and rule, we have accepted that Islam has social laws that bind the government to regard them as credible and strive to implement them. According to Islam if a government neither regards the laws of Islam as credible, nor strives to implement them, it is an illegitimate government.

Skepticism on alleged impotence of Islam in social administration

Here the expressed skepticism is that man is increasingly in need of ample new laws. Indisputably, in the text of the Qur’an, the Sunnah of the Prophet (s) and the sayings of the pure Imams (‘a) not all the laws addressing the needs of the day can be found. Nowadays, man needs a set of laws whose subjects did not exist during the early period of Islam, for which specific

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rulings need to be issued.

For example, let us consider the laws pertaining to airspace and the air jurisdiction of countries. Does an airplane have the right to enter the air jurisdiction of another country with the permission of its authorities or not? Such laws basically do not exist in the Qur’an, the Prophet’s Sunnah and sayings of the Ahl al-Bayt (‘a) because at the time, there was no airplane to be discussed.

The same applies to traffic and driving rules as there was no car at the time as well as laws on seas and outer space and other subjects and there is a need for legal experts and legislators to enact appropriate laws for them after thorough examination and contemplation.

Given the fact that the said laws that address all needs of society do not exist in the Qur’an and the Sunnah, how can it be claimed that Islamic and divine laws must be implemented in society when in fact Islam has no law in so many areas?!

Society is in dire need of such laws, which we cannot find in Islamic sources. What options do we have? How can we consider ourselves as bound by Islamic laws?

What has been mentioned made those who have no faith in Islam express skepticism in religious laws as impractical and insufficient to administer society, and suggest more efforts be exerted on enacting and implementing man-made laws. In order to portray the subject as confusing and complicated, they expressed the above skepticism in various forms,

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and people also exacerbated it for different motives.

Undoubtedly, their goal is to undermine the Islamic government and to inculcate the notion that Islam cannot administer society. Therefore, the plant if the Islamic Revolution and Islamic government and emphasis on it is futile and the idea of “Islamization” of the government should be forgotten, because it is not feasible. Unfortunately, some sympathizers of the Islamic Revolution and followers of Islam have also been influenced by this skepticism. It is necessary to present an appropriate reply so that, they remain faithful to Islamic laws, and find solutions to cases in which society needs a law which has no precedence in Islamic sources.

Types of laws and necessity of enacting variable laws

point

In reply to the above skepticism, it is necessary to explain at the outset that law has a general and broad meaning which also includes natural laws such as laws on physics, Lavoisier’s [1] law on chemistry, Newton’s law of gravity and Einstein’s law of relativity. This group of laws that exist in nature and can be empirically proved are discovered by scientists and are not enacted. These fixed and actual laws are related to natural phenomena, and have nothing to do with legal, political and social laws.

Similarly, we are not referring to rational laws such as laws on logic, philosophy and mathematics. We are referring to enacted laws which are technically called “conventional laws” [qawanin-e i‘tibari]. Of these laws those that are credible and can be implemented, provided they are enacted by a credible authority, can be divided

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into three types:

1. The constitution

Constitution means a set of relatively permanent laws codified by competent authorities for a country in accordance with its culture and traditions. These relatively permanent laws are binding for a long period and considered as the basis and foundation of managing society. In view of their relative permanence and immunity from regular changes, these laws are general and limited; thus, the constitution of every country consists of some basic and important articles.

As such, in the constitution there is no room for detailed and specific laws which cover extensive and diverse needs, and are subject to amendment with the emergence of new circumstances. The Constitution is general and permanent in nature and detailed laws are not included in it except those detailed and limited laws which, on account of their importance and special status, give stability to it.

2. Laws ratified by parliament

The second type refers to the laws ratified in the Majlis or parliament. Since some countries have another house of legislation called senate or any other term, in addition to parliament, the laws ratified by the said house of legislation are also included in this type of laws. In our country, apart from the Islamic Consultative Assembly (Majlis) which passes bills needed to administer the country, the Council of Guardians, which is similar more or less to the Senate in other countries and to a constitutional court and consists of a group of jurists and legal experts, conforms the bills ratified by the Islamic Consultative Assembly with the Constitution and

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religious law. In case of inconsistency with the Constitution and the religious law, it refers these ratified bills back to the Majlis for review.

3. Laws ratified by cabinet

In addition to the laws ratified by parliament, in every country there are binding rules and regulations ratified by other organs, for example, the executive orders issued by the cabinet (executive branch). The constitution has rested authority to the cabinet to ratify laws in specific cases. Similarly, in certain cases the president can also personally take decisions. These executive orders and presidential decrees need not be submitted to parliament for ratification as they are automatically deemed legally binding. Also, bylaws and circulars approved by concerned authorities and officially communicated to offices and executive offices are also called laws and the government is bound to implement them.

Thus, in our country as in some other countries there are three types of laws: (1) constitutional, (2) legislative; laws ratified by the Islamic Consultative Assembly (Majlis) or parliament, and (3) executive orders, presidential decrees, bylaws and circulars approved by authorities legally authorized to do so.

At no time and nowhere in the world are these laws and bylaws ratified all at once; in view of changing circumstances, statutory laws and executive orders are amended and reviewed. Today, circumstances may require the Islamic Consultative Assembly to enact a law, and tomorrow circumstances may change and the said law might be amended and reviewed. In this manner, executive orders have to be amended and reviewed with change of circumstances. Also, when

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a new president assumes office, it is his prerogative to amend or annul previous executive orders.

Of course, those whose primary concern is the interest of society try their best to codify orders with utmost care to ensure that they are devoid of all possible errors. Naturally, when we say that the laws must be Islamic, it does not mean that all laws ranging from the Constitution to the statutory laws and executive orders must be explicitly derived from the Qur’an.

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[1]: Antoine Laurent Lavoisier (1743-1794): French chemist, who is considered the founder of modern chemistry. [Trans. ]

Meaning of Islamic nature of laws

In explaining the meaning of the Islamic nature of laws and orders, it is important to pay attention to the process of enacting common laws. For example, in codifying and approving bylaws and orders the cabinet or executive power must act within the perimeter determined for it by the Islamic Consultative Assembly and not go beyond it. In other words, the extent of the executive power’s prerogatives has been stipulated by the Constitution and the Majlis’s statutory laws, and the executive orders should be within this framework.

These orders should manifest the generalities reflected in the Constitution and the laws ratified by the Majlis. Thus, initially, generalities are described in the Constitution and statutory laws whose meanings the cabinet or the concerned authority in certain cases has to interpret within the framework of executive orders. The cabinet cannot act unconditionally on its own without any frame of reference. In fact, its executive orders must be within the framework of the Constitution and laws ratified by the Majlis.

The laws

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ratified by the Majlis, in turn, must be approved and endorsed by the Council of Guardians. That is, the Majlis must also act within the framework of the Constitution and in this way, its ratified laws will be considered credible, enjoying executive guarantee. Therefore, the credibility of executive orders and their being binding depend on their conformity with the Majlis’s statutory laws and the credibility of statutory laws means that they are within the framework of the conditional law of the country.

The credibility of the Constitution of the Islamic system is based on its consistency with the legislative will of God the Exalted. As such, the entire laws and decrees have a linear relationship and they are credible, provided that this hierarchy is observed in such a manner that it ends up in Islam and the legislative will of God. It is not in the sense that all the executive orders, circulars and statutory laws can be explicitly found in the Qur’an and the Sunnah.

Since God delegated certain prerogatives to the Holy Prophet (s) to promulgate specific laws and decrees in certain cases, these laws and decrees are credible and binding because they are based on the permission and will of God. It is obligatory to obey and act upon them on account of the decree of God on the necessity of obeying and following him. Under the aegis of this decree of God, the laws and orders promulgated by the Messenger of Allah (s) are credible and, at

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the same time, it is obligatory on others to obey and act upon them; otherwise, merely to obey the orders of the Messenger of Allah (s) without divine sanction is not obligatory.

So, the laws which God, the Exalted, has directly enacted and explicitly mentioned in the Qur’an occupy the foremost degree and are intrinsically credible. The laws enacted by the Holy Prophet (s) in certain cases by God’s leave occupy the next degree and their credibility is equal to that of God’s command. Similarly, the credibility of the laws which the infallible Imam (‘a) enacts and the orders he gives emanate from the decree of God because God and the Prophet (s) consider it obligatory to obey the Imam.

Now, assuming that we were living in an Islamic territory under the reign of the Commander of the Faithful (‘a) , we would have considered it incumbent upon us to obey him. If the Imam (‘a) appointed a person like Malik al-Ashtar as the governor in our region saying, “Act upon his orders and do not defy them, for whoever obeys him actually obeys me,” the mere orders of Malik al-Ashtar would not be binding for the people because he was like other people, but obedience to him would have been obligatory and his orders binding because he was designated as governor by the infallible Imam (‘a) who, in turn, had been designated by God through the Prophet (s) , and to obey him would be wajib.

However, laws and orders issued by a

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governor, designated by an infallible Imam, are considered laws of a third degree. As an analogy, the governor is like an appointed official whom the Islamic Consultative Assembly has granted powers on the basis of which he has authority to issue circulars and instructions, and on account of those delegated powers, his orders are binding. Similarly, the Majlis has acquired its credibility from the Constitution and its statutory laws acquire credibility under the auspices of the Constitution.

The credibility of the constitution in other countries emanates from the will of the people. But we believe in a higher station and reference with respect to the Constitution. We believe that the credibility of the constitution should emanate from the will of God, and the Prophet (s) , an infallible Imam (‘a) or any person like Malik al-Ashtar, designated by one of the infallible Imams (‘a) , has to endorse it. Therefore, the credibility of law should emanate from the words of God, the Prophet (s) , an infallible Imam (‘a) , and then any person designated by an infallible Imam. This is the logic and theory of Islam.

In the time of occultation [ghaybah] of the infallible Imam, since the wali al-faqih has been chosen through a general designation by the infallible Imam, his wilayah is endorsed by the Imam and acquired credibility, thus, his approval is the source of credibility of the constitution; otherwise, the constitution by itself is questionable. It is debatable as to where its credibility emanates from and who has the right

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to amend it. On what basis does a minority that has not voted for a certain law abide by it? And there are many other questions. However, when we say that this law has been declared credible by one formally designated by the infallible Imam, there is no room for any more questions.

Process of legislation in the Islamic government

It is clear in the theory of Islamic government that the original credibility of law comes from God, and the words of anyone, like the Prophet (s) , who is credited by God, become binding. In turn, the words of anyone who is designated by the Prophet (s) , or the Commander of the Faithful (‘a) , are equally binding. Similarly, the laws and decrees issued by anyone who is designated by the infallible Imam (‘a) through a general or specific appointment shall be Islamic and sacred because they have been approved by God.

Of course, as we have said, in the Islamic government this approval may take different intervals. The credibility of approval of the wali al-faqih emanates from the approval of and endorsement by the infallible Imam (‘a) and the credibility of decrees and approval of the infallible Imam, in turn, emanates from the approval of and endorsement by the Prophet (s). Finally, credibility of the Prophet’s approval is confirmed through an explicit text [nass] of the Qur’an where God says:

﴿یَا أَیُّهَا الَّذِینَ آمَنُوا أَطِیعُوا اللّهَ وَأَطِیعُوا الرَّسُولَ وَأُوْلِی الأَمْرِ مِنکُمْ... ﴾

“O you who have faith! Obey Allah and obey the Apostle and those vested with authority among you... ” [1]

and

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in another verse:

﴿النَّبِیُّ أَوْلَى بِالْمُؤْمِنِینَ مِنْ أَنفُسِهِمْ... ﴾

“The Prophet is closer to the faithful than their own souls…. ” [1]

Thus, the aforementioned link has a perfectly logical foundation for the members of an Islamic society and those who believe in the truthfulness of God, the Prophet (s) and the infallible Imams (‘a). As we have expounded earlier, we have to talk on the basis of our audience’s convictions and beliefs and through their language. For this reason, if a person does not believe in God and in the truthfulness of the Messenger of Allah (s) , or is doubtful of the infallible Imam (‘a) , we need to discuss this issue in a different way.

Initially, we have to deal with the fundamental and essential principles of Islam, and then after proving them, tackle other subjects, including political and administrative issues, on the basis of those principles. Of course, this form of legislation, or the other usual forms can also be examined on the basis of their value for the benefit of society.

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[1]: Surah an-Nisa’ 4: 59.

[1]: Surah al-Ahzab 33: 6.

Legal status delegated in the Islamic government

In the Islamic political theory, besides the fact that all principles of law must be enacted by God, all laws and orders be approved by Him, the Messenger of Allah (s) , an infallible Imam, or his general or specific successor, the implementer of the law also has to be designated by God to acquire credibility through this system of guardianship. (The judicial organ also has an executive function; it must be regarded a righteous reference authority in cases of disputes and differences

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and check the law prior to its implementation. Therefore, an independent and special status has been given to it. )

At the time when the Prophet (s) or an infallible Imam was present, he had to personally hold the reigns of government or designate someone to implement the law; for example, Hadrat ‘Ali (‘a) appointed Malik al-Ashtar as the governor of Egypt in order to implement the law there. However, in this period of ghaybah when the people have no access to the infallible Imam (‘a) , the responsibility of implementing the law lies on the shoulders of the one who has been appointed by the infallible Imam through a general designation, and this will lead us to the theory of wilayah al-faqih about which we will discuss later, God willing.

It should now be clear that in Islamic political theory and administrative structure, just as the law should be linked to God, the implementer of the law should also be linked to God and be appointed by God either through a general or specific designation.

The judicial organ should be equally linked to God and the judge should be appointed by God either through direct, or indirect and general designation. In either case, if the judge has no link whatsoever to God, his decree shall have no credit at all. The Holy Qur’an has pointed out God’s direct designation of Hadrat Dawud (David) (‘a) to judge among men:

﴿یَا دَاوُودُ إِنَّا جَعَلْنَاکَ خَلِیفَةً فِی الْأَرْضِ فَاحْکُم بَیْنَ النَّاسِ بِالْحَقِّ... ﴾

“O David! Indeed We have made

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you a vicegerent on the earth. So judge between the people with justice…. ” [1]

And regarding the Prophet of Islam (s) , it says:

﴿إِنَّا أَنزَلْنَا إِلَیْکَ الْکِتَابَ بِالْحَقِّ لِتَحْکُمَ بَیْنَ النَّاسِ بِمَا أَرَاکَ اللّهُ﴾

“Indeed We have sent down to you the Book with the truth, so that you may judge between the people by what Allah has shown you. ” [2]

It also states:

﴿فَلاَ وَرَبِّکَ لاَ یُؤْمِنُونَ حَتَّىَ یُحَکِّمُوکَ فِیمَا شَجَرَ بَیْنَهُمْ... ﴾

“But no, by your Lord! They will not believe until they make you a judge in their disputes. ” [3]

In sum, in the Islamic political theory, sovereignty, legislation and the administration of society in all its dimensions and aspects must emanate from the legislative will of God.

Session 9: An Examination of the Status of Laws in the Religious System

Principles of Islamic political theory

point

In relation to philosophy and the Islamic political theory, it must be borne in mind that there are some people who accept all its principles, some who acknowledge some of them, and, some who accept none of them. Nonetheless, in a bid to elucidate and establish this theory, it is imperative to explain these principles. Since some of these principles are self-explanatory, we shall mention and explain them briefly, and only explain other principles which require more space for discussion and examination.

1. Law

point

One of the principles and presumptions of the discussion is society’s need for law. As it was said earlier, another principle in the Islamic political theory is that law must be sanctioned by God. Its implementer must also have the permission of God. To say that law must be divine is that God Himself enacts

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the law and reveals it in the Qur’an, or the Prophet (s) or an infallible Imam (‘a) is given the authority to enact the law, or those who are vested with authority by the Prophet or an infallible Imam (‘a) enact different orders in diverse circumstances.

Therefore, we shall have three types of divine law:

1. The law which God Himself has enacted; in which the Prophet (s) or any infallible Imam (‘a) does not have any role;

2. The law which the Prophet (s) or an infallible Imam (‘a) has enacted by the authority vested in him by God;

3. The variable orders which certain individuals enact with the permission of an infallible Imam (‘a) and will be binding for the Islamic society because their source can finally be traced to the will of God.

Thus, God Himself directly enacts the law and His decrees are mentioned in the text of the Qur’an. However, with respect to the implementation of the law, God is not the agent or implementer. The implementer must be the one who is present in society and can be seen by the people, bids and forbids, and implements the laws.

It refers first and foremost to the Prophet (s) or an infallible Imam (‘a) , and at the second level, to the person who is granted executive authority by the Prophet (s) or an infallible Imam (‘a) ; i. e. those who at the time of the Prophet (s) or in the presence of an infallible Imam (‘a) were sent as governors

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and rulers to Islamic territories and provinces to implement those laws. During the period of ghaybah, the fuqaha, who are appointed through general designation, are responsible for implementing the laws.

What has been mentioned so far broadly deals with the macrocosm of the Islamic government viz. legislation and implementation. The judicial organ in reality is part of the executive body and because of its special importance it enjoys an independent status.

Status of natural laws and statutory laws

One of the principles and presumptions of our discussion is the need of codifying law for society. The second principle is, according to our view, the binding law is that which is directly or indirectly enacted by God. Those opposing this view say that society is not in need of law whether it is enacted by God or anybody else. This theory has no proponent today because nobody can deny this need of society. Nowadays, even in a village where only a few people live, the existence of laws and orders to be followed by people is regarded imperative.

In the past, however, when living conditions were simple, some believed that they were not in need of statutory laws. According to them, the intellect alone could discern a set of natural laws by knowing the natural law, and there was no need of special people to enact laws. In the past, the theory of natural right and natural law was initially presented to human societies in such a way that if they were asked, “Which law should we abide by? ”

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they would answer, “Look at your self or look at the universe to learn which law is prevailing, and the same law will prevail in society,” proving that even the theory of natural law has clearly accepted the principle of the need for law.

No thinker has ever claimed that mankind is not in need of any law, even natural laws. The bone of contention among philosophers is: which is sufficient—rational, natural, or divine law? That is, are laws which all people can discern by their intellect sufficient for society? Or, do we also need specific statutory laws?

As we have said, if ever it was imagined in the past that natural laws, rational laws, or ‘rational independents’ [mustaqillat-e ‘aqliyyeh] were sufficient to meet the needs of society, today the said assumption is unacceptable. Neither is there any point of raising and examining it. Nowadays, by just looking around, every person realizes that he needs hundreds of social and international laws in his complex domestic, external and international situation.

Among social and domestic laws are laws related to traffic and transportation. If there are no traffic laws what will be the state of transportation and traffic in every city and town? If the speed of a vehicle and its right of way (whether left or right) and all the other traffic and driving rules are not determined, what will happen? In which part of the world are a group of people leading a safe and sound life in spite of

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non-observance of these laws?

It is true that driving rules are not uniformly codified in all countries. In countries like Britain and Japan the driving seat is on the right side while driving on the left side of the road, while in all other countries including Iran, it is the opposite—but driving rules are codified anyway and the drivers are aware of the rules, knowing on which side of the road to drive. The above example is among the cases that shows the indispensability of law in society. Certainly, this necessity can also be felt in other issues such as family and international law.

One of the instances which show the exigency of the enactment of international laws is the issue related to the Caspian Sea, which is a source of dispute on the exploration of its natural resources among littoral states. It cannot be accepted that every state can exploit the Caspian oil, gas and other resources without any law. In fact, there has to be a sort of regime that stipulates the extent of exploitation of Caspian air, sea and underground resources by every littoral state. The problems existing among the littoral states on account of the absence of a governing regime have paved the way for the need to enact laws and rules for the just division of resources.

So, the imperative of enacting laws and rules in the light of human needs is being felt. For example, there had been no conventions, agreements and laws on the

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seas, air space, deserts and others until recently, because mankind was not in need of them yet. However, as a result of more interaction among people, groups, nations, and countries, the need for such laws was felt.

Since law defines the extent of rights of every person and society, the Noble Qur’an has specially mentioned the need of law in social life. It should be noted that existence if law in a general sense is not confined to the social life. In fact, if a person wants to lead a humane life and achieve excellence in it, he needs law.

Moral laws are sufficient for personal life but social, national, international and political issues need laws to ensure justice between conflicting groups. For example, if a state takes more than its share of the Caspian, war and conflict will ensue, so the need to codify socio-political laws becomes clear. The collective need of law is thus axiomatic.

Every intelligent, sane person knows that in the absence of law, social life, human comfort, and human prosperity are endangered. In view of the instances we have mentioned, it is evident that natural law is not sufficient. We are in need of statutory laws because reason [‘aql] enjoins the observance of justice and fairness, but, to determine an approach that will guarantee justice and fairness we need another law.

For example, reason dictates that the Caspian natural resources should be justly divided among the littoral states. The question will then be raised: How should one ‘justly

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divide’ them? Does ‘just division’ mean that a country with the largest area, littoral area, or most littoral residents along the Caspian have the lion’s share? The reply to such questions should be given by a legal reference authority. In most cases, the existence of a legislator is necessary. Now, let us see who should be the legislator.

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[1]: Surah Ṣad 38: 26.

[2]: Surah an-Nisa’ 4: 105.

[3]: Surah an-Nisa’ 4: 65.

2. Laws possessing divine and religious source

The claim of Islam is that God has enacted laws and revealed them to the Prophet (s). So, after accepting the first principle which is the need for law, the second principle is to accept religion as the source of legislation. At this stage, there might be people in a Muslim country who do not accept Islam. In the same manner, there might be a person in a non-Muslim country who accepts the same.

A person who doubts the existence of God also does not accept His religion and law. In the first stage, it can not be proved for him that the law should be enacted by God and basically for a person who denies God, the idea that “The law should be divine” is unacceptable. We have to first prove the existence of God through scholastic and philosophical arguments and then the existence of the Prophet (‘a) and true religion theologically. Finally, we need to prove that a law which God directly or indirectly enacts becomes binding on the believer.

We have stated earlier that a person might believe in God and the essence of religion and apostleship [nabuwwah], but might

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not accept that social law has to be enacted by God. According to him, man has to engage in supplication, worship and litany with God and go to the mosque or any house of worship, but his social life has nothing to do with God for which He must himself enact a law. Such a belief is unacceptable in Islam. A person cannot claim that he accepts the basis of religion, viz. the Qur’an, sayings of the Prophet (s) , authentic narrations, and the conduct of the Prophet (s) and the Imams (‘a) , but not the social laws of Islam.

Need to acknowledge essentials of religion

Any set of ideas and beliefs has integral elements which are technically called “essentials” [dharuriyyat]. Anyone who is familiar with this set—whether he accepts it or not—knows that it consists of parts. In other words, hundreds of parts may be added to or taken from a set but its basic parts remain in order to keep it distinct from other sets. As such, whoever accepts religion as a set should accept it as having permanent, definite and fixed parts which distinguish it from other sets.

Regrettably, some people say that they accept Islam but do not accept it has a fixed principle, and regard all its parts as having diverse and different interpretations. They say that they do not oppose Islam but its acceptance does not require that everybody should pray. They believe that prayer exists and some are used to performing it, but every Muslim does not necessarily have to

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pray and regard it a permanent part of Islam!

Regarding fasting and other social decrees, they believe that the Prophet (s) , Imams (‘a) and other pioneering Muslims used to practice them. They do not accept, however, that the existence of Islam depends on them or that without them Islam will cease to exist. At this point, this question comes to the fore: If that is the case, what is Islam founded upon without which it will not exist? Do you accept that monotheism [tawhid] is a principle of Islam, and that whoever does not believe in it is not a Muslim?

In reply, they say that this interpretation, based on their understanding of Islam, is correct. Another person may have a different interpretation of Islam and we cannot say that only our understanding of Islam is correct! Another person may have such an understanding of Islam that there are two or a thousand gods, or that in Islam there is no god at all, and we cannot cite a proof to prove that our understanding of Islam is more correct! Even if we claim that our understanding of Islam is correct, we cannot say that others have no right to interpret Islam. At most, it can be said that “In my opinion, my understanding of Islam is better” and this is also true of the opinion of others.

Undoubtedly, such people have no intention but to deceive and beguile others; for, in no science or field of knowledge can the parts of

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two identical sets be distinguished from each other. Two sets are distinguishable from each other when the constituent parts of one set are different from that of another, or at least, some parts cannot be found in the other set. If all parts of a set can be replaced by that of another set—for example, element A in this set can be replaced by element A of that set; likewise, element B in this set can be replaced by element B of that set, etc. —the two sets cannot be regarded as distinct from each other.

If a set called “Islam” is recognized, it should have some distinctive features in order to distinguish it from other religions. That is, there should be fixed principles in it on which Islam is founded. Now, if we believe in such principles as tawhid, nabuwwah and ma‘ad, and the essence of prayer and worship [‘ibadah], but at the same time, regard all of them changeable and subject to diverse interpretations, we cannot prove any fixed element and claim that it is one of the principles of Islam. Therefore, we have to say that a specific set called Islam does not exist! In this case, what are we defending?

How can we invite others to Islam if we do not teach them how to become a Muslim and act upon Islam in whatever way or form they understand it? If you arrive at the conclusion that one should pray, you have to pray and if you

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arrive at the opposite conclusion, act accordingly. You are free to practice Islam according to your understanding! What is the difference between this kind of understanding of Islam and Christianity, or any other religion? What is the point in inviting people to Islam?

If everyone is supposed to practice Islam according to his or her own understanding and there is no definitive and permanent principle and axis, our invitation to Islam is actually only lip service. From this perspective, it makes no difference if we invite people to Islam, Christianity, or even deny religion!

Islam’s fixed principles and precepts

It is sheer deception and hypocrisy to say that one accepts Islam but believes that there is no specific interpretation of Islam and that all its principles are subject to change and various interpretations. As such, Islam may be interpreted the way Christianity is interpreted and a Muslim cannot be distinguished from a Christian. So, we cannot say so-and-so is a Muslim, or not a Muslim!

Every building is constituted of elements such as foundations, wall and roof, and can be distinguished from a ruined structure. It cannot be claimed that building has no constitutive elements. Neither can it be said that a building will remain a building with or without foundations, wall and roof. It will remain a building whether it is constructed in the ground, air or sea, and it has neither specification nor fixed elements. Similarly, assuming that Islam has no fixed and fundamental principles, we cannot say that a certain set

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is Islam while another set is not Islam.

Therefore, once a person accepts Islam, he ought to accept an array of specific elements as integral parts of the set. Of course, a set may also have suspicious and contingent parts, or an open-ended one to which parts may be added or subtracted. It is nonsense to say that a set has no specific parts, and yet remains a distinct set.

Friends and foes alike know the fundamental and essential elements of Islam. Apart from tawhid, nabuwwah and ma‘ad, Islam has other fundamental elements which are known to all including those who deny God. For instance, ritual prayer and Hajj are recognized as basic elements of Islam. All people of the world know that during a certain period Muslims perform Hajj pilgrimage. Now, could somebody say that the “Islam” he knows has no Hajj? Everyone knows that there are ritual prayers in Islam.

Now, if someone says that he accepts Islam but, according to his understanding of the religion, ritual prayer is not an essential part of it, has he really understood Islam, or is he a deceiver who falsely introduces himself as a Muslim so as not to be deprived of the benefits of being a Muslim or be isolated from Islamic society? It is clear that Hajj, prayer and fasting are integral parts of this set and the essentials of the religion accepted by all Muslims.

If a person claims to know Islam, can he say that Islam has no penal law

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to prevent theft while the Qur’an explicitly affirms it in the verse, “As for the thief, man and woman”? [1] The same is true in the case of others which are affirmed by explicit texts [nass] of the Qur’an. The essentials of Islam are fixed and there is no more need for us to sit together and prove them one by one. As such, if it is proved that the basis of Islam is the Qur’an, truly revealed by God, we have to accept that whatever the Qur’an states is right and that it encompasses an array of fixed, essential and definite elements.

Of course, some verses may have different interpretations but the mere existence of two different interpretations of a verse does not suggest that no fixed and definite element can be inferred and deduced from the Qur’an, and that anyone can interpret it in whatever way he likes.

Once a person who is acquainted with the Arabic language refers to the Qur’an, he will find therein a series of specific themes which have nothing to do with different human interpretations and are not dependent on presumptions, mindsets and laws that we have learned from science. For example, regarding the verse on prayer or the amputation of the thief’s hand, a person who lived at the time of the Aristotelian “four elements” and Ptolemaic “seven spheres” would have interpreted it just as the one who is living in this age of Einstein’s law of relativity. It cannot be said that

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since Einstein’s law of relativity is the order of the day, the meaning of the verse has also changed.

There may be a verse whose words are related to certain sciences due to the lexical development and other factors, but there are some subjects that their understanding has no thing to do with different sciences.

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[1]: Surah al-Ma’idah 5: 38.

Fixed essential laws and decisive concepts of the Qur’an

Both Muslims and non-Muslims know that Islam has a set of fixed essential laws. A set of definite concepts can be deduced from the Qur’an and understood by a person, whether he believes in the Qur’an or not. Understanding those concepts depends on one’s familiarity with the Arabic language and not on his being a Muslim. However, not all subjects of the Qur’an are of this kind. Some Qur’anic verses are such that different meanings can be inferred.

Another salient feature of the Qur’an is that it has many levels of meaning; explicit [zahir], implicit [batin] and esoteric [batin al- batini], but our focus is on the essentials of religion, on elements that never change and in spite of the difference in approach and interpretation, their meanings remain fixed, definite and unchangeable. For example, the passage “And maintain the prayer” [1] indicates the performance of prayer as wajib while this passage points to fasting as wajib: “Prescribed for you is fasting. ” [2]

Regardless of the impending multiplicity of scientific theories and scientific investigations, the import of those verses will never change.

Whenever we talk about the essentials of religion, we regard them fixed, definite and unchangeable because they

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are among the most fundamental and decisive sources of Islam. That is, we consider the Qur’an and the Sunnah as authoritative with clear evidence. Those who deny the essentials of religion, saying that one cannot have a definite and absolute understanding of Islam are ignorant, erroneous, or egocentric, having no faith in Islam and only duping the Muslims.

Undoubtedly, one of the essentials and fundamental principles in Islamic political theory is that the law should be enacted by God. Those who deny divine law actually deny one of the essentials of religion. Just as the obligatory nature of prayer can be deduced from the Qur’an, the decree on the adulterer and the adulteress can also be discerned.

With the same clarity that the ruling about prayer and fasting can be confirmed in the Qur’an, obedience to the Prophet (s) is also made obligatory, and in the religious law of Islam, the station of the Prophet (s) is recognized as a station that requires absolute obedience [muftarad’ut -ta‘ah]. In this regard, God says:

﴿یَا أَیُّهَا الَّذِینَ آمَنُوا أَطِیعُوا اللّهَ وَأَطِیعُوا الرَّسُولَ وَأُوْلِی الأَمْرِ مِنکُمْ﴾

“O you who have faith! Obey Allah and obey the Apostle and those vested with authority among you. ” [1]

God also says, thus:

﴿وَمَا آتَاکُمُ الرَّسُولُ فَخُذُوهُ وَمَا نَهَاکُمْ عَنْهُ فَانتَهُوا... ﴾

“Take whatever the Apostle gives you, and relinquish whatever he forbids you... ” [2]

Islam cannot be accepted without accepting the purport of verses that mention the essential features of Islam, or by acting upon them selectively. Such a superficial acceptance of Islam is

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the practice of those who are referred to by God in this verse:

﴿وَیَقُولُونَ نُؤْمِنُ بِبَعْضٍ وَنَکْفُرُ بِبَعْضٍ﴾

“And they say, ‘We believe in some and disbelieve in some’. ” [1]

Thereafter, regarding such people, God says:

﴿أُوْلَئِکَ هُمُ الْکَافِرُونَ حَقًّا﴾

“It is they who are truly faithless. ” [2]

Thus, whoever has faith in Islam should accept the entire set of Islamic laws and decrees and believe that the essentials of Islam are independent of scientific developments or new scientific theories. As such, whoever regards the verse related to prayer as true also regards as such the verse related to the ruling on theft. In the Qur’an one can find allegorical and contingent cases as variable parts of Islam as well, but one must believe that the Qur’an and Islam must have fixed and definite parts that make it distinct from other religions.

Removing skepticism on the existence of contradictory interpretations of Islam

In Islam there are thousands of definite decrees about which all the Islamic schools of thought [madhahib] have a consensus of opinion. Many of the differences between the Sunni and the Shi‘ah are related to secondary matters that constitute an insignificant part of Islamic laws. There is no difference between the two schools in most subjects of jurisprudence [fiqh].

Similarly, in the Shi‘ah school of thought the difference among the religious edicts of jurists [fuqaha] on some laws does not mean difference of opinion on all cases. In the same vein, the difference of prescription of two doctors for the treatment of a specific ailment does not imply that there are no fixed and

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definite elements in the science of medicine.

Therefore, in Islam we have an array of certainties [yaqiniyyat] in which there is neither dispute nor doubt. The existence of difference in some cases should not make us skeptical about the definite principles, and set Islam aside. Regrettably, nowadays, whenever Islam is talked about, the sick-hearted who, in the language of the Qur’an are “those in whose hearts is deviance,” [1] say: “Which Islam? Islam of the Shi‘ah or Sunni? Islam of the fuqaha or the university-educated intellectuals?

Notwithstanding the existence of one set of unanimously agreed upon moral precepts, personal decrees and social rules in matters of beliefs and fixed principles and commercial and international laws, why do they focus on the disputable and debatable issues? Whenever it is said that the university must be Islamic, why do these sick-hearted and crooked-minded ask, “Which Islam? ”

In reply to them, it is the same Islam which says that God is One; it is the same Islam which enjoins prayer; it is the same Islam which forbids the violation of others’ rights and promotes the implementation of justice. Are these points disputable among Muslims? Implement in the university the same indisputable tenets about which the Sunni and Shi‘ah have consensus of opinion, and you will earn the utmost pleasure of all. It is natural that whenever they do not want to follow the dictates of Islam, they find excuses such as “Who says that the Islam of the fuqaha should be implemented and not

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the Islam of the intellectuals? ”

Questioning Islam’s capability of meeting all human needs

point

After proving that Islam has social laws and decrees, certain skeptical questions are raised: Is it rationally possible for all human needs in different eras to be contained in a single set? Can Islam whose sources are the Qur’an and authentic traditions, encompass all the elements needed by mankind throughout the different epochs and periods? The above questions have both theoretical and practical aspects and can be examined in both ways. Of course, it must be acknowledged that these questions are worthy of consideration. At the outset, it seems that answering them is not easy. However, in view of the explanations we have presented before, replying is not that difficult.

1. Examining the theoretical dimension of questions

The reply to the theoretical dimension of the question, “How can a set of laws be responsive to all human needs in all aspects of life? ” is this: Certainly, human beings cannot enact a set of perfect laws for mankind in different epochs and periods because on account of their defective knowledge and intellectual limitation, they cannot examine all the facets and dimensions of human life and take into account an appropriate law for every case.

However, the One who has created human beings, knows “what was” [ma kana] and “what will be” [ma yakun], to whom yesterday, today and tomorrow are the same, is Omniscient of thousands of years before and after, it is possible to enact such a code of laws. Thus, it cannot be said that it is impossible to enact a code

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of perfect laws for all humanity throughout history that encompasses all aspects of human life, because the One who has full knowledge of the past and future and is well informed of all dimensions of man’s existence throughout history can do so.

2. Examining the practical dimension of questions

The practical dimension of the questions is this: “How can the essential elements attributed to God as mentioned in the Qur’an and authentic traditions—given their limited magnitude—meet all human needs throughout these epochs and periods? ” The reply is this: It is impossible for us to present a specific law for every case in which all particular conditions of time and space are perfectly observed. This is because legal cases do not need limited laws. They favor laws of a general nature.

We cannot determine all legal cases as special and definite cases. It can thus be said: “Innumerable cases do not have innumerable categories. ” Every set of these cases can have a general heading and the said heading can have a specific decree. So, “The general decree is fixed and limited but its cases are innumerable and varied. ”

A case at a particular time may consist of a decree and assume a different form in a different time and condition and the ruling for it may change. So, issues and changes that take place in them are diverse and numerous, but the limited general headings are fixed. It is true that the aspects of human life are vast and regularly increasing on a daily basis. With the advancement

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and progress of human civilization and social living, new issues and concerns emerge all of which are in need of specific laws which address all needs. Yet, all these variable laws can have specific criteria. With the permission of the One who has sent down the general laws and taught their general criteria, those who recognize these criteria in fixed expressions can enact specific laws on specific cases.

By saying that the laws of Islam must be implemented in society, we do not only mean laws directly revealed by God in the Qur’an because these laws in the Qur’an are mentioned in general and absolute terms. What we mean is that the Prophet (s) , the infallible Imams (‘a) and those who are acquainted with the spirit of these laws, are well-informed of the criteria and can distinguish the general laws from particular cases and determine the manifestations, ways of application and rulings of these general divine laws.

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[1]: Surah al-Baqarah 2: 43.

[2]: Surah al-Baqarah 2: 183.

[1]: Surah an-Nisa’ 4: 59.

[2]: Surah al-Hashr 59: 7.

[1]: Surah an-Nisa’ 4: 150.

[2]: Surah an-Nisa’ 4: 150-151.

[1]: Surah Al ‘Imran 3: 7.