Legislation and Sovereignty in Islam

Hence, according to the Islamic perspective and legislative Lordship, it accrues that the Legislator in principle must be God and beside Him, no one has the right of legislation. Now, the question here is: Is there no other type of legislation which is legitimate? In reply, it has been stated before that subordinate to God’s legislation and not parallel to Him, there are those who have the right to enact law by God’s leave, and that law is credible and binding with the permission of God.
وَلاَ تَقُولُوا لِمَا تَصِفُ أَلْسِنَتُكُمُ الْكَذِبَ هَـذَا حَلاَلٌ وَهَـذَا حَرَامٌ لِِِتَفْتَرُوا عَلَى اللّهِ الْكَذِبَ إِنَّ الَّذِينَ يَفْتَرُونَ عَلَى اللّهِ الْكَذِبَ لاَ يُفْلِحُونَ
“Do not say, asserting falsely with your tongues, ‘This is lawful, and this is unlawful,’ to fabricate lies against Allah. Indeed those who fabricate lies against Allah will not be felicitous.”[24][150]
As such, one should not say to himself, “This is halal and that is haram” for halal and haram do not depend on your opinion and preference. This is a form of polytheism. You have to see what God has said. In another place, the Qur’an thus states:
قُلْ ءَاَللّهُ أَذِنَ لَكُمْ أَمْ عَلَى اللّهِ تَفْتَرُونَ
“Say, ‘Did Allah give you the sanction [to do so], or do you fabricate a lie against Allah?’”[25][151]
Yes, God gave the Prophet (s) authority to legislate and to bid and forbid the people, saying: “Obey Allah and obey the Apostle”[26][152] and “Whoever obeys the Apostle certainly obeys Allah.”[27][153]
Of course, the Messenger of Allah (s) would not act according to his own desire. Rather, his action was based on divine inspiration and revelation. At times when a verse would not be revealed to him, he used to receive divine inspiration [ilham] and non-Qur’anic revelation [wahy] by the legislative will of God:
وَمَا يَنطِقُ عَنِ الْهَوَى ٭ إِنْ هُوَ إِلَّا وَحْيٌ يُوحَى
“He does not speak out of [his own] desire: it is just a revelation that is revealed [to him].”[28][154]
Therefore, if a person is authorized by God to enact laws, any law he enacts becomes respected and binding. The Shi‘ah believe that such an authority granted to the Holy Prophet (s) is also granted to the infallible Imams (‘a). Of course, in scholastic theology [‘ilm al-kalam] clear proofs substantiating this claim have been presented. One of these proofs is the tradition about the two weighty things [hadith ath-thaqalayn] in which the pure Imams (‘a) are treated as partners [‘idl] of the Qur’an:
إنِّي تَارِكٌ فِيكُمُ الثَّقَلَيْنِ: كِتَابَ اللهِ وَعِتْرَتِي أهْلَ بَيْتِي، مَا إنْ تَمَسَّكْتُمْ بِهِمَا لَنْ تَضِلُّوا بَعْدِي أبَداً
.
“Verily, I am leaving among you two weighty things [thaqalayn]: The Book of Allah and my progeny [‘itrati], the members of my Household [Ahl al-Bayt]. If you hold fast to them, you shall never go astray.”
Here we are not in pursuit of presenting and proving the Shi‘ah doctrines but to point out that those who believe in this principle acceptable to the Shi‘ah regard the infallible Imams (‘a) besides the Holy Prophet (s) to also have such authority. On the contrary, there are also those who say that only the Messenger of Allah (s) was infallible and incumbent upon us to follow. But this difference in opinion does not make such a difference as far as our subject is concerned.
Assuming that we were living at the time of the Holy Prophet (s) who appointed a governor of a city and asked us to obey the governor, was it obligatory to obey the governor under the aegis of obedience to the Holy Prophet (s), or not? Was obedience to him inconsistent with obedience to the Prophet (s) and God and the sovereignty of Allah? The answer is negative because that person was the representative and envoy of a prophet who in turn had been designated by God. Our belief is that the infallible Imams (‘a) also have the same prerogative.
For the present time, they have also designated individuals on the basis of quality and not personality, and the one who is closest to the Infallibles (‘a) and the most righteous is appointed by them to rule. Now, sometimes this belief can be proved through the Maqbulah[29][155] of ‘Umar ibn Hanzalah,[30][156] Marfu‘ah[31][157] of Abu Khadijah[32][158] and other traditions, and at times through rational proofs. Through various statements fuqaha have engaged in proving it.
Thus, the essence of the theory is that just as the Holy Prophet (s) during his lifetime appointed a person to rule and govern a region of the Islamic land and obedience to him was incumbent upon the people of the region, or just as the Commander of the Faithful (‘a) during his caliphate appointed individuals as governors and rulers of Islamic territories such as Bahrain, Ahwaz, Egypt, and others and obedience to them was obligatory, during this period of occultation [ghaybah] those who are like Malik al-Ashtar in political acumen and knowledge of jurisprudence and have the competence, merit and capability to lead and administer the Islamic society are designated to take charge of the government according to the principle of wilayah al-faqih and obedience to them is incumbent upon us.
This is not in conflict with the legislative Lordship of God. In fact, their sovereignty is under the auspices of Divine Lordship. Since God has commanded His Prophet (s), and the Prophet (s) in turn, appointed them as governors, or since the infallible Imam (‘a) designated his specific or general deputies, it is incumbent upon us to obey them. In other words, obedience to the governor is obedience to the Prophet (s) and God. On the contrary, opposition to him is tantamount to opposition to the Prophet (s) and opposition to the Prophet (s), in turn, is tantamount to opposition to God.
In the same vein, obedience to the wali al-faqih is obedience to the infallible Imam (‘a) and the Prophet (s), and thus, to God, and disobedience to him is disobedience to the infallible Imam (‘a) and the Prophet (s), and thus, to God. This point has been categorically stated in the Maqbulah of ‘Umar ibn Hanzalah when Imam as-Sadiq (‘a) says:
يَنْظُرُ إِلىٰ مَنْ كَانَ مِنْكُمْ قَدْ رَوىٰ حَدِيثُنَا وَ نَظَرَ في حَلاَلِنَا وَ حَرَامِنَا وَ عَرَفَ أَحْكَامَنَا فَلْيَرْضُوا بِهِ حَكَمًا فَإِنّي قَدْ جَعَلْتُهُ عَلَيْكُمْ حَاكِمًا. فَإِذَا حَكَمَ بِحُكْمِنَا فَلَمْ يَقْبَلْهُ مِنْهُ فَإِنَّمَا إِسْتَخَفَّ بِحُكْمِ اللهِ وَ عَلَيْنَا رَدَّ وَ الرَّادُّ عَلَيْنَا الرَّادُّ عَلىٰ اللهِ وَ هُوَ عَلىٰ حَدِّ الشِّرْكِ بِاللهِ
.
“They must seek out one of you who narrates our traditions, who is versed in what is permissible and what is forbidden, who is well acquainted with our laws and ordinances, and accept him as judge and arbiter, for I appoint him as judge over you. So, anyone who rejects his judgment is as if he belittles the judgment of Allah and rejects us, and anyone who rejects us is as if he rejects Allah, and rejection of Him is tantamount to associating partners with Him.”[33][159]
The Imam (‘a) said that it “is tantamount to associating partners with Him” because polytheism is the opposite of monotheism, and one of the pillars of monotheism is belief in the legislative Lordship. Now, if we accept the sovereignty of God, and under His auspices, the sovereignty of the Prophet (s) and the Imam (‘a) and those who are designated by God through the Imam (‘a), it follows that we have accepted monotheism in the legislative Lordship.
And if we reject it, it means that we are committing polytheism in the legislative Lordship. Thus, “rejection of them” means that if a person rejects the fuqaha designated to rule over the people it is as if he has rejected the Imams (‘a). That is, if a person says, “I do not recognize wilayah al-faqih,” he is saying, “I do not recognize the infallible Imam” and if a person does not accept the Imam (‘a), he has in a sense associated partners with God because he has rejected an aspect of His legislative Lordship. Of course, this is spiritual and esoteric polytheism and it does not render a person ritually impure [najis].
As such, it is established that if a person accepts that sovereignty intrinsically belongs to God alone, he has to accept also that at a lower level, it also belongs to the Messenger of Allah (s). It is under the auspices of God’s sovereignty that the sovereignty of the Messenger of Allah (s) and that of the Imams (‘a) and their deputies are realized and acquire legitimacy. If we uphold the legitimacy of rule in a different way, we have actually upheld a form of polytheism in sovereignty.
Therefore, the rational reason why the Islamic system must be based on divine laws and under a ruler designated by God is the legislative Lordship of God. If we try to properly understand tawhid, we will arrive at the same conclusion, and if certain people reject this conclusion, their faith is essentially weak and their [state of belief in] tawhid is impure and tainted with shirk.
One may ask, “Why must laws of society be divine”? If certain people do not believe in God and His law and enact and implement laws by themselves, will the society not be reformed? If so, how have certain societies in the world reached a certain stage of life without acting upon God’s law? This is a skepticism raised by many “intellectuals” who ask, “Why should law be promulgated by God?” They are of the opinion that by using their intellect people can make laws and act upon them, without arising any problem.
Reasons behind God’s legislative monopoly
In order reply to this skepticism, it must be noted that man is a unitary being but he has various organs, senses and dimensions, and these dimensions are linked and knitted together. Man does not have an economic dimension alone. So long as one enacts laws for the economy and administers the economic dimension of his society, his condition shall be in order. His economy is related to his polity. His polity is related to his civil and social laws. His civil laws are related to his criminal laws, and all these are related to the international law. Their totality is firmly connected to man’s spiritual, psychological and moral dimensions.
Man does not constitute ten beings. He does not have ten souls either. Man has a divine spirit which has different dimensions and aspects, all interconnected. So, if there is a defect in one dimension, it will naturally affect the others. God who has created man and ordained social life for him has endowed his natural disposition [fitrah] with elements which naturally and innately draw him toward the establishment of social life. Therefore, God has a purpose in the creation of man which is to attain human perfection under the aegis of social life, and advance all dimensions of his existence which are at the service of the spiritual and religious dimension toward perfection, and finally, achieve the ideal:
وَمَا خَلَقْتُ الْجِنَّ وَالْإِنسَ إِلَّا لِيَعْبُدُونِ
“I did not create the jinn and humans except that they may worship Me.”[34][160]
What is said must take place under the auspices of worship [‘ibadah] which is inextricably interwoven with tawhid and rububiyyah; otherwise, human perfection will not materialize. Of course, through another way, outward order may also be established in society which is worthy of reflection; for example, the “order” which exists today in countries whose symbol is America. It can be observed that in all high schools in the model of “civilized” countries in the world armed policemen must be stationed. Notwithstanding the presence of armed units, killing and crimes take place daily in these high schools. This is the order established by mankind. The same is true in cases of other corruption and crimes.
Even assuming that without acting upon divine laws and paying attention to the spiritual dimension of man, outward civil order can still be established in society, yet the ultimate purpose of his life can not be ensured. Is the life of man that of a termite? Or, is human society similar to bees which can be established through an outward order? All these systems, security measures, advancement, growth, science, industry, and technology are means to evolve the human soul and get closer to God. Who can grasp this relationship?
Who can identify which type of food or manner of living will contribute toward achieving proximity to God? Who ascertains whether eating pork and drinking wine will contribute toward the achievement of happiness? Notwithstanding their progress in the science of medicine, medical scientists of the world conclude that excessive consumption of alcohol may be harmful for the brain cells, but they do not know whether it affects the eternal bliss of man because they have no experience in this regard being beyond empirical observation.
Man’s life must be codified in such a manner that all dimensions are taken into account and the focus is not only on his physical health and wellbeing and political-economic condition. The interrelationship of all dimensions must take place in a cohesive and harmonious system. No one except God the Creator, with his all-embracing knowledge can establish a relationship between these dimensions and guide them toward ultimate perfection. This is the reason why it is God who must enact the law. Furthermore, which legislator will set his personal interests aside at the moment of legislation? It is clear that any group that gains power tries to enact and implement laws which serve its interests. For instance, in Muslim countries, as soon as an administration assumes office, it enacts new rules and regulations which are mostly in favor of the ruling party. It makes no difference whether it is leftist or rightist. This is human nature, and by the way, most human beings are fallible.
Only God is immune from individual or group favoritism and His interest is not served in any way. The laws of God are neither favorable nor unfavorable to Him. His only concern is what is good or bad for human beings. Thus, on one hand, His knowledge is boundless, and on the other hand, He has no personal interest in enacting laws. Moreover, He has the right of Lordship over His creatures. If man wants to attain perfection, he has to observe the right of Divine Lordship. This is another subject that requires explanation which is not possible in this limited time.
Human beings have rights over one another and they know of latitudinal rights [huquq al-‘Ardht] like the right of the farmer over the worker and vice versa, or the right of the ruler over the people and vice versa. The people know these rights, yet do they know the right of God over the people and the manner of granting it? The hallmark of the Islamic outlook is that above all rights is the right of Allah [haqq Allah]. Therefore, it must first be granted so that the rights of people can be given under the aegis of God’s right. Can the rights of men be considered in statutory laws without taking the right of God into account? It is certainly unjust if not cruel, to deny the rights of God! With this ingratitude, can one attain human perfection?
Which ingratitude is greater than ingratitude to God which the Qur’an points out: “Polytheism is indeed a great injustice”?[35][161]
The greatest of injustices is injustice toward Divine Lordship. As such, if we do not take into account the right of God, we will commit a great injustice. How then will we be just to others? How can a person be just who is unjust to his Creator? As we have said, one of the forms of shirk is the belief in other than God’s having the right of legislation.
Since God is perfectly aware of our interests, gains no benefit in legislation and has the right of legislative Lordship over man, the law of God must be observed, and rules obeyed which have been introduced by those who are designated by God as far as they are authorized, so that man is not guilty of what the following verse describes:
قُلْ أَرَأَيْتُم مََا أَنزَلَ اللّهُ لَكُم مِّن رِزْقٍ فَجَعَلْتُم مِنْهُ حَرَامًا وَحَلاَلاً قُلْ ءَاَللّهُ أَذِنَ لَكُمْ أَمْ عَلَى اللّهِ تَفْتَرُونَ
“Say, ‘Have you regarded what Allah has sent down for you of [His] provision, whereupon you made some of it unlawful and [some] lawful?’ Say, ‘Did Allah give you the sanction [to do so], or do you fabricate a lie against Allah?’”[36][162]
And in another verse, it is stated:
وَلاَ تَقُولُوا لِمَا تَصِفُ أَلْسِنَتُكُمُ الْكَذِبَ هَـذَا حَلاَلٌ وَهَـذَا حَرَامٌ لِتَفْتَرُوا عَلَى اللّهِ الْكَذِبَ إِنَّ الَّذِينَ يَفْتَرُونَ عَلَى اللّهِ الْكَذِبَ لاَ يُفْلِحُونَ
“Do not say, asserting falsely with your tongues, ‘This is lawful, and this is unlawful,’ to fabricate lies against Allah. Indeed those who fabricate lies against Allah will not be felicitous.”[37][163]
Therefore, in order to observe the right of legislative Lordship of God, one should first refer to the law of God and then examine whom He has granted the authority to enact laws or whom He has granted the authority to implement them. The reason for this is that if the implementation of those laws is beyond His command, exercise of authority [tasarruf] over the servants of God without the permission of their Master will again take place.
In the divine perspective, exercise of authority even on oneself is not permissible if it is against the pleasure of God, let alone exercise of authority over others. As such, man has no right to commit suicide. In Western liberalism, it may possibly be said that since man owns himself, he has the right to commit suicide if he wants to, but in the divine system it is not so. Man has no ownership of himself as he belongs to God. Thus, he has no right to commit suicide because God has not permitted him to do so. The authority over the life and soul of man is with Him and with none else. Hence, how can one who has no right to kill himself, grant permission to others to kill him?
None has the right to amputate his hands or blind his eyes because the Owner of these body limbs is God who has not given him that permission. How can a person give authority to another to amputate the hand of a thief or imprison a person? No one has such a right because others are also servants of God and without the permission of God, one cannot exercise authority over them. Thus, in legislation as well as in the implementation of laws, the permission of God is binding. In a nutshell, the Islamic political theory in this regard stands on the proposition that God’s legislative Lordship is a pillar of tawhid and he who does not observe this pillar commits kufr similar to that which is committed by Iblis.
Author: Muhammad Taqi Misbah Yazdi
Source: Imam reza network