ISLAMIC GOVERNMENT
Year:2014 | Volume:19 | Issue:3 (73)|Papers Count:9

The development and the sublimity of human societies is due to the laws governing them and the way these laws are enacted. The Islamic legislative system has made various laws and issued different commands and rules for the persons competent to undertake religious obligations (mukallaf), depending on their different physical and mental states. Therefore, in this legislative system of Islam, there is never a legal impasse or deadlock. Among the Islamic rules which play a significant role in removing the social obstacles and paving the ground for running a government efficiently are the governmental and administrative laws including the decisions or judgments made by the legal guardian in the light of codes of the Law as the exigency of time and interests demands.A governmental law can be studied in many respects. In this article, after an introduction in which the meaning of a governmental law is given, the criteria and the foundations of issuing the governmental law have been studied. The article comes to the conclusion that the observance of general laws of Islam and the objectives, careful consideration for interests and the relationship between the law and the object of the law constitute an important foundation for issuing a governmental law by a Muslim ruler.

The present writing is a review of one of the most remarkable and illuminating speeches delivered by Imam Khomeni (may God’s peace be upon him) on the day of Ghadir (Shahriwar 2, 1365/ Dhu-l- Hijjah 18, 1406). In this speech, Imam Khomeini addresses the question of the false belief in the “separation between religion and politics”. This question is fairly common among all Muslims with various religious tendencies. If an answer is given to this common question, this will serve not only as a rejection of the false belief in the ‘separation between religion and politics’ but also as a cause for creating Islamic unity. Imam Khomeini has sought to find the answer in the event of Ghadir Khumm. Basing his argument on the two forms of guardianship (wilÁyah), i.e. ontological guardianship and legislative (revealed) guardianship, Imam Khomeini has shown that the event of Ghadir means “setting up a government”.That is why it can be set up. However, spiritual stations are not appointable. Thus, Ghadir gives the Islamic government ‘nobility’ and ‘unity’, though the latter is inconsistent with the common belief.

The present article is a research work on the origin of the legitimacy of the guardianship (and rule) of a Muslim Jurist from the viewpoint of Imam Khomeini (may God’s peace be upon him) and that of Ayatollah Khamenei, the Grand Leader of the Islamic revolution. Concerning the idea of the legitimacy of the guardianship and rule of a Muslim jurist in Islam, there have been three claims: 1) popular legitimacy (the “election” thesis); 2) divine-popular legitimacy (the “composite” thesis); and 3) divine legitimacy (the “appointment” thesis). Despite the fact that in the statements made by Imam Khomeini and Ayatollah Khamenei, the Grand Leader, there are some words and expressions which can be used in favor and support of each of the three mentioned theses, as some have done so, thus claiming that what they understood in this regard can be proved to be exactly the case with Imam Khomeini and Ayatollah Khamenei. In other words, they think Imam Khomeini and Ayatollah Khamenei hold the same belief in this regard as they have thought they do.However, a careful study of the issue in question shows that, since both Imam Khomeini and Ayatollah Khamenei’s foundations of political thoughts have originated from this purely Islamic monotheistic thought that the guardianship of the Muslim jurist is actually the continuation of the guardianship and imamate of all the twelve immaculate (infallible) Imams from the first through the last one, who is strongly believed by all ShiÝa Muslims to be the Imam of the [present] age, being hidden behind the veil of occultation , have always held the view that the legitimacy of the guardianship of the Muslim jurist and the Islamic government has its origin in the Divine and hence the proponents of the two theses - popular legitimacy (the “election” thesis) and divine-popular legitimacy (the “composite” thesis) have been on the wrong track.In this research work, an attempt has been made to scrutinize and make a critique of the above-mentioned theses, citing ample evidence from the statements made by Imam Khomeini and Ayatollah Khamenei to back up the idea that these two great religious scholars have only believed in the thesis of “divine legitimacy” or “appointment” thesis and have adopted no other theses in this regard.

The issue of ‘population growth’, as the most challenge-invoking human concerns, has been scrutinized in various historical stages so far. Thus, the present research work seeks to coordinate the mechanisms provided by the Islamic government with the formulated Islamic laws and regulations which have their roots in an effective and operative project that is based on Islamic fiqh. This project will eventually result in making laws and population policies and taking some measures to increase the population growth in a desirable and equilibrial manner. Therefore, in this article, the duties of Islamic government toward making economical, medical and judicial plans for population growth have been studied carefully. As far as the aims of the Law are concerned, all financial support the Islamic government provide for working women should be directed toward promoting their economic situation and welfare in such a way that it can add to the growth of birth rate and human reproduction. Moreover, such measures as making men sexually active by regular medical cares, using contraceptive devices in an appropriate way, decreasing divorce rate, promoting natural child-birth planning and making and enforcing penal laws concerning population issues fall within the domain of the judiciary of the Islamic government to follow in order to stimulate population growth or reproduction process.

According to certain Islamic traditions, it is incumbent upon a Muslim ruler to pave the ground for Muslims to perform their ritual practices, including going on a pilgrimage to Mecca. Accordingly, on the one hand, a Muslim authority has the responsibility to provide facilities for people to go on a pilgrimage to Mecca in case people stop doing it, though he has to pay the cost of this religious expedition from public treasury, no matter the cessation of the pilgrimage is due to some problems such as road safety, or the insecurity of Mecca or some sort of occasional prohibitions by local rulers or even when the pilgrims cannot afford or bear the expense of the pilgrimage or when the pilgrims can afford the pilgrimage but refuse to do it and do not act on the divine commandments. On the other hand, according to what we conclude from the argument for the authority of a Muslim jurist, a Muslim ruler has the authority over all the affairs that can ensure that Islam and Muslim community are preserved. Therefore, if there is an interest more important than that of going on a pilgrimage to Mecca with the intention of not leaving the House of God without pilgrims, the Muslim ruler can order people to suspend their pilgrimage to Mecca or make them cease to go on a pilgrimage. The noticeable contrast between this order with that of the ruler that dictates people to go on a pilgrimage expedition to Mecca can be taken a contrast between a governmental law or decree and primary judicial decree.

A wise support of deprived people and the necessity of giving financial support to them by the political governing system and the wealthy is one of the essential principles in the realm of social justice from the Islamic perspective. Though this principle and its wide scope of application is taken by some advocates of liberalism to be inconsistent with human dignity, but from the Islamic perspective and according to certain philosophical foundations which provide support for justice, taking care of the deprived not only is not against human dignity but also is essential to human dignity and centrality of the truth and justice. Having adopted an analytical approach to the issue in question and citing some religious sources, the article seeks to make a critique of the various views in this regard. The article puts the claim that, according to certain philosophical foundations, all human beings are created by God and all the wealth on the earth belong to all human beings as the objects of all-encompassing mercy of God and so worthy of having the opportunity to enjoy the situation in which they can take the voluntary course of human evolution, that the human destiny is a matter of interdependence since all members of a society are, in fact, the organs of one single body and that, according to the QurÞÁnic texts (verses) and the hadiths transmitted from the Infallible Imams, the deprived have a share in public treasury as well as the wealth and possessions of the rich, and it is incumbent upon the ruling power and the rich to give them their rights. Thus, the just ruling power has to pave the way for all citizens to earn their living and for the deprived to demand and gain their own basic rights. This not only is not in contradiction with human dignity but also is an effort to strengthen it.

The world today is the word of governments (states) whose major constituent is nations, or rather, human agents. The world of Islam, being comprised of about 50 Islamic countries with defined international borders, witnesses small and big states which are overshadowed by the binding rules and regulations of international law which exert impacts on the relations of Muslim nations with each other and with other non-Muslim nations. The main question is that whether or not it is possible to propose the theory of a single religious state and put it into practice with the present age of separate national states. The findings of this research work show that, given the existing realities, international binding rules and regulations, and the present conditions of Islamic countries, it seems almost impossible to realize the idea of a single unified Islamic state before the reappearance of Imam Mahdi (May God’s peace be upon him). However, instead of the existing nation-states which are not recognized by Islam, and of the ideal single Muslim community-state whose realization seems to be impossible under the circumstances, one can suggest one possible alternative; an idea which can be realized, both in theory and in practice, by establishing a limited (small) unified state or a big unified state being comprised of a number of Islamic states or a union of Islamic countries. This can pave the ground to take gradual steps to the ideal Islamic state after having taken some qualitative and quantitative courses of development. The article, enumerating the four obstacles in the way of establishing a united Islamic state, seeks to study the grounds and strategies of promoting greater unity in the world of Islam.