Presenting Some Questions Regarding Islamic Government

There are other questions regarding Islamic government which must also be addressed. Has Islam, only laid down the conditions and qualifications of the person who heads the government and not specified the form of government? That is, does Islam only recommend who must head the government and leave other things including the form of government to the whims of people and change according to the changes in social circumstances?
A more technical question which is comprehendible and understandable to those who are acquainted with juristic and legal discourses is this: Is the government a foundational [ta’sisi] or conventional [imdha’i] matter? A set of Islamic laws or juristic rulings is foundational. Before their actual forms are shown to the people, the sacred religion mentions these laws as well as describes their actual manifestations. For example, the ritual prayer [salah] is a foundational form of worship.
The religion of Islam has mentioned it and the manner of performing it has also been demonstrated to the people by God through the Prophet (s). Besides, before this obligatory act and the manner of its performance were conveyed to the people, no one had been aware of it. In general, the forms and manners of all ritual acts of worship are foundational as the people learned them from the Prophet (s).
For example, obligatory acts like fasting, Hajj pilgrimage and other devotional laws are all foundational.
In contrast to these foundational laws of Islam, there is a set of Islamic laws which in the parlance of jurisprudence [fiqh] is called ‘conventional’. That is, in their social interactions and intercourses, people have formulated a series of rules, regulations, contracts, and agreements, some of which are unwritten but people are bound to them; for example, trade and barter.
At the beginning the sacred religion had not ordered the people to engage in trade or barter whenever they needed a commodity. The people of wisdom knew of the necessity of this affair and they formulated the ways and manners of engaging in them. Then, religion approved this wise practice and gave it a religious credence, stating, for example:
وَأَحَلَّ اللّهُ الْبَيْعَ...
“Allah has allowed trade.”[34]
God allowed and made permissible [halal] the same trading and transactions practiced by people. This approval and permission of trade is a conventional [imdha’i] and not a foundational [ta’sisi] religious ruling. It is like the acceptance of a system formulated by people of wisdom on how to conduct their mutual transactions.
Now, this question is raised concerning government: Before God ordered people through the prophets (‘a) to abide by the divine government, had the people themselves founded a particular form of government which was later endorsed by religion? Or, did people also acquire knowledge of the form of government from God, and that if the prophets (‘a) had not ruled over people by God’s leave and permission and people were not obliged to follow and obey them, they would not have known the form of government?
In sum, once we say that the Islamic government is a well defined system with a religious legal standing and God has made it incumbent upon people to submit to it, the question asked is whether this government has been ordained and founded by God? Or, did the people themselves choose this form of government and found it on the basis of a social contract and God only endorsed and approved it, and therefore, this government has been considered Islamic as it has been endorsed, approved and sanctioned by God?
Author: Muhammad Taqi Misbah Yazdi
Source: Imam reza network