Aspects of Implementation for the Scholar’s Leadership

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Aspects of Implementation for the Scholar’s Leadership:


The general frameworks mentioned earlier may be analyzed to broad lines of the scholar’s leadership, including:

1-  Specific aspects of leadership that scholars have agreed to and these are called the surrogate’s matters such as the custody of the property of the absent, the minor, the divorce of the abstinent and the inheritance of those who have not inheritance.

2-  The duties that we called social such as the Friday prayer, punishments, installation of judges, declaration of Jihad, and the obligatory military service in addition to the funds of the Imam and disbursing them where they should be.

3-  Taking a clear stand on the equivocations around issues and the deducted issues that relate to the religion of people and their worldly issues. This should be to unite people and stop conflicts, including specifying the beginnings of months. There is also the desecration of the holy sites, and assaulting Islam that requires armed defense.

4-  Leadership over benefits with public benefit such as the general endowments, the state institutions and public funds. These may only be disposed of following his permission to guarantee its use as specified to construct the country and for the welfare of people. If the government and parliament decide upon something without obtaining the approval of the scholar leader, then it would not enter into effect.

5-  The matters of preserving the public social system and the functioning of the matters of people’s livelihoods such as legislating laws and forcing the monopolizer to sell and the pricing of the essential goods if the prices were not fair. This also includes the accountability of corrupt and underperforming people through the establishment of state institutions such as the army, police, courts, prisons, and other ministries. Additionally, building hospitals, bridges, schools and other service institutions as well as paving roads. Besides, he grants permission to use arid land for agriculture and the revival of barren land and the extraction of minerals that belong to the public in the manner and conditions that preserve the rights of all people for the contemporary and coming generations. This is either done directly or through granting legitimacy to the ruling authority. Sheikh Kashef Al Ghata said, “If the scholar set by the imam appoints by a public permission a ruler or government for the people of Islam who was not an unjust ruler as was the case with the sons of Israel, the sharia and worldly rulers both are assigned by the rule of sharia.”([1])

6-  Preventing damage and removing it from people in the present and the future such as the expanse of narrow roads and the destruction of dilapidated buildings in addition to stopping the harmful behavior such as in the case of the palm of Samra Ibn Jundub to implement the tradition, “No damage and no harm.”

7-  Taking the priorities and prevention of corruptions into consideration and preserving the absolute supreme interests such as the unity, liberty and dignity of people and the independence of the country and preservation on the rules. This includes the prioritization of the most important over what is important where there is jostle to gain the satisfaction of Allah and to ensure the righteousness of people. An example is Mojadded Shirazi’s banning of tobacco consumption to deprive the foreigner from exploiting the lands and riches of Muslims. This includes taxing imported goods to protect the national product. Also, one example is banning the smuggling of livestock abroad to prevent an unbearable price hike.

8-  Interference to ensure the interpretation and implementation of the laws fairly and mercifully as the strict implementation that might be unjust or harmful. We explained to him an example, which is the deprivation of the children of the dead son during the lifetime of his father from inheritance if this grandfather has children in implementation of the rule (The closer prevents the further) despite it is a fair rule as it is.

9-  Suspending the rights and the general provisions if there is a rationale for it such as suspending punishments and issuing a general pardon for the prisoners and the like.

10-               Using available methods to implement the Islamic sharia law in all the matters of life and seeking to broaden its range under the title of commanding the right and eradicating the wrong and calling to Allah as well as spreading the call of Islam. This includes participation in the political process or through the influence on the government or parliament to legislate beneficial laws and annul the invalid laws. Also, there must be an exhaustion of the effort with the available means. {Moreover, those who strive for Us - We will surely guide them to Our ways. And indeed, Allah is with the doers of good.}(Ankabout:69) This can continue until reaching the establishment of the government of Islam. Sayyed Khomeini said this movement is a must. He said, “Establishing the government and forming the basis of the Islamic state is a duty as much as it is sufficient as seen by the just jurisprudent scholars. If one graciously constituted a government, others must follow. If it were only made possible by their union, then they must do it together.”([2])

He mentioned something similar to this discussion, “Divine rules, whether those relevant to finances, politics, or rights, have not been changed. They actually remain until Judgment Day. As these would remain, this necessarily means the government and leadership should remain to guarantee the preservation of the sovereignty of divine law and ensure its execution. Allah’s rules may not be implemented otherwise. Contrastively, chaos would prevail.”([3])

 

 

 



([1]) Elaboration on the Rules (Sharh al-Qawa’ed): 99.

([2]) Book of Sale: 2/642. Discussion of the Scholar’s Leadership and the Islamic Government.

([3]) Book of Sale: 2/619. Discussion of the Scholar’s Leadership and the Islamic Government.