Proof that the Nation must assist the scholar

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Proof that the Nation must assist the scholar:

It is possible to prove with four means that the nation must assist the scholar who has the conditions met in him to rule over Muslims in the implementation of Sharia in the life of the nation:

Proof through the noble verses:

(First) The Holy Quran, in numerous verses:

(These include) the verse: {And cooperate in righteousness and piety} (MAEDA:2): This assistance to establish the rules of Allah are part of support for benevolence and piousness. Several scholars used it as proof of necessity as previously mentioned on Mohaqeq Ardabeeli and the writer of al-Jawaher. A group may only perform such social functions. The writer of al-Jawaher said, “It is a must to be part of the religious policies that not only one individual performs, and it is part of the benevolence and piousness that we were ordered to collaborate upon.” The verse indicates necessity even with conceding to the problem raised by Sayyed Khouii to use the verse as evidence on the need to collaborate. The matter is the acknowledgement of using the verse to prove that collaboration is a must, which is one side of committing to the cooperation among the members of a group.

(These also include) the verse: {O you who have believed, respond to Allah and to the Messenger when he calls you to that which gives you life. And know that Allah intervenes between a man and his heart and that to Him you will be gathered.}(Anfal:24). The sharia is implemented through commanding the right and eradicating the wrong, which ensures the survival of the nation and the preservation of the religion as described by Imam Baqer (P), “Through it, the obligations are erected. The faith is secure and the winnings are legal. The injustice is refuted, and Earth is prosperous. The enemies are punished, and matters are straightened.”([1]) These are the marks and features of life in nations and the characteristics of the nation that is alive, materialistically and morally.

There is the letter of the clear and the equivocal on the interpretation of “Al-Nu’mani” that cites the Commander of the Faithful (P). In it, he mentioned the verse and narrated, “Allah said that people only live by ordering [the right] and forbidding [the wrong] as this was one of the causes for the subsistence of creatures, otherwise, there no longer would be a desire and fear. There would be no barrier. The arrangement would have been corrupt. That would be a cause for the doom of people.”([2])

(These also include) the verse:{Establish religion}(Shura:13). Establishing the religion is made possible through the establishment of the commandments, rituals and slogans by commanding the right and eradicating the wrong. Hopefully not, however, the religion would not survive if these were eradicated.

Another example is the verse:{O you who have believed, obey Allah and obey the Messenger and those in authority among you}(Nisaa:59) The scholar tells with his fatwas (rules) what is proven by legal evidence that is the rule of Allah, the Prophet (P) and those in authority. If they are to be obeyed, then he should be obeyed, too.

An additional example is the verse:{But no, by your Lord, they will not [truly] believe until they make you, [O Muhammad], judge concerning that over which they dispute among themselves and then find within themselves no discomfort from what you have judged and submit in [full, willing] submission}(Nisaa:65). It explicitly says that it is necessary to refer to the rule of Allah and to take it as guidance for the various issues of people’s daily lives. This is what the scholar wants by calling to implement the sharia law and commanding the right and eradicating the wrong. People must accept and follow.

Additionally, Allah said in the Holy Qoran, {The only statement of the [true] believers when they are called to Allah and His Messenger to judge between them is that they say, "We hear and we obey." And those are the successful.} (Nur:51). The verse limits the conduct of believers to one choice, which is obedience and acceptance to whomever calls them for the rule of Allah and the Prophet (P). Righteousness is restricted tothis behavior only, and this is what the scholar invites them to do.

Moreover, Allah said {Indeed, Allah commands you to render trusts to whom they are due}(Nisaa:58). Anexampleis given by the narration of Al-Moalla Ibn Khunais. He said, “I told Abi Abdullah (P) the saying of Allah {Indeed, Allah commands you to render trusts to whom they are due}. He said, “The Imam must give what he has to the following Imam. Imams were asked to be just, and people were ordered to follow them.””([3])

In addition, Allah said, {For there should separate from every division of them a group [remaining] to obtain understanding in the religion and warn their people when they return to them that they might be cautious.}(Tawba:122). There is an analogy on the need to know about the religion, warning people and providing them with fatwas in addition to calling them to implement sharia. This requires the need to implement them (fatwas) as there is no meaning to need to warn and give fatwas if it would not be mandatory to implement them.

There are also the verses regarding the previous research in the Qoran on the need to command the right and eradicate the wrong. There is a need to follow the order and the forbiddance. For instance, Allah said, {And let there be [arising] from you a nation inviting to [all that is] good, enjoining what is right and forbidding what is wrong, and those will be the successful.}(Al-Imran:104). Allah also said, {And when they forgot that by which they had been reminded. We saved those who had forbidden evil and seized those who wronged, with a wretched punishment, because they were defiantly disobeying.}(Aaraf:165). Furthermore, Allah said, {They used not to prevent one another from wrongdoing that they did. How wretched was that which they were doing}(MAEDA:79). The verse included a harsh warning for those who do not respond to the command of the right and eradication of the wrong. It is known for sure that those who conduct such a religious obligation are the scholars.

Alternatively, some honorable verses specify the scholars to conduct this obligation, such as, {Why do the rabbis and religious scholars not forbid them from saying what is sinful and devouring what is unlawful? How wretched is what they have been practicing.}(MAEDA:63).

(Second) From the Honorable Sunnah including several narrations:

For instance, there are traditions that indicate they [rulers] must be the source of the rules. They also must be obeyed in what they narrate. It is impermissible to object to them. Omar Ibn Handhala said citing Imam Sadek (P), “I have made him your ruler. If he issues a rule, then that is our judgment. If it were not accepted, then that is undermining of Allah’s rule and disobedience of us. Whomever disobeys us is disobedient to Allah. That is the same as worshiping another god with Allah.”

In a considerable narration by Abi Khadija, he said, “I have made him a judge, so ask for his rule.” The honorable signature [of Imam Mahdi] was added to a narration saying, “As for the incurring incidents, refer in them to the narrators of our hadith. They are my authority on you, and I am the authority of Allah.” There are also other narrations indicating the obligation to follow their religious orders. “What is meant by a ruling is the implementation of the ruling and not just the ruling without implementation.”([4]) We do not now need to prove the evidence herein to the leadership of the scholar and the like. In fact, we are trying to prove the necessity to obey the scholar’s orders relevant to the established rules with a religious legal evidence from Qoran and the Sunnah. He is also to be obeyed when he calls for their implementation. We will not mention obedience for orders of loyalty and rhetoric.

There are also numerousnarrations indicating the need to establish the right and eradicate the wrong and consequently implementing them, they also call for complying with whomever commands them seeking to implement Sharia.

(Third) Logic:

When the scholar endeavors to implement sharia, this is a bliss that brings people closer to obedience taking a distance from the wrong. In fact, it is actually a duty. One can even argue that when the scholars who have met the conditions were made deputies of Imams (P) in the time of the absence is a necessary bliss; consequently, assisting them is a duty as one introduces or coincidences with the other.

There has been logical evidence by a number of scholars that a scholar must establish punishments in addition to the consequent duty on people to assist them. Al Allama said in Al-Mukhtalaf, “Failure to implement punishments leads to wrongdoing and the spread of evil. Sharia requires that should be abandoned.” Al-Shahid Al-Thanisaid in Al-Masalek, “There is an overall benefit and a bliss in leaving the wrongdoing and stopping the spread of evil.”

In my opinion, the evidence is completed by two propositions:

A- The justification is not limited to establishing punishments as all sharia laws entail benefit for people, and when they are not established, this leads to corruption.

B- All of the social duties – in opposition to the individual ones – are a bliss that the scholar may not implement alone unless the nation helps him in that.

(Fourth) Unanimity:

The words of Al-Mohaqeq Al-Ardabeelihave been previously mentioned on this necessity, “Perhaps, it is not to be disputed.” The writer of Al-Jawaher said, “There is no problem as it is not disputed that people must help them in such just like they assist the Imam (P). When he says there is no dispute, this means that there is unanimity in the companions’ discussion of the matter.

If you say, this is specifically about the establishment of the punishments, so it we cannot generalize over the implementation of the sharia as a whole as the title of the proposition stipulates,

I would answer that there is abundant evidence over the generalization:

A.  The issue is not particular as the justification they stressed on is general, which means collaboration to benevolence and piousness, being a bliss, etc.

B.  Some stated that the duty of the scholar that he must perform when the opportunity is available is not restricted to the issue of establishing punishments as in the previous quotation of Salar (P. 290). Mohaqeq Karaki said in what is narrated from his thesis on Friday prayer that it is unanimous that the leadership of the scholar is comprehensive. He will say in (P. 306) that the scholars accepted the leadership of the oppressor if performing such functions is limited to him. Sheikh Tousi said in “Nihaya” as he drew a broader horizon of the matters that he would take from the ruler,

“When the person knows or thinks that if he took the authority from the unjust ruler, he can establish the right and eradicate the wrong, divide AlKhums and alms to those who deserve them, and conjoin the brethren, without entailing a breach of a duty or committing an evil, he is preferred to assume the responsibility from the rulers.”([5])

In my opinion, these are all social duties included in the functions of the scholar. He may not perform them unless people help him.

 

 



([1]) Wasail Shia: Book of Establishing the Rightand Eradicating the Wrong, Chapters of Ordering and Forbidding, Chapter 1, Section 6.

([2]) Bihar Anwar: 93/40.

([3]) Tahthib:6/223; Section: 533.

([4]) Jawaher al-Kalam: 21/395.

([5]) Nihaya: 356.