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Shiavault - a Vault of Shia Islamic Books Islamic Political Theory (Legislation): Volume 2 Session 28: Observance of Values and Legitimate Freedom in an Islamic State A glance at the state’s raison d’être We discussed the need of executive power in order to find out its characteristics, duties, and conditions to be met while discharging its duties. As we have said, one of the elements of the state or executive power’s raison d’être is to guarantee implementation of laws.

In the Islamic system laws are directly taken from the sacred code [ shari‘ah ] or enacted by those who have been authorized by the Sacred Lawgiver. These laws must also be implemented. In the first degree, people themselves have to directly implement the laws, preserve each other’s rights and perform their respective duties. In the collective scene, family sphere and realm of international relations, they have to behave within the framework of Islamic laws.

The performance of duties and observance of social regulations requires strong motivation. Common people primarily think about their personal interests and pay less attention to social interests especially if they cause a loss to them. Only those who acquire profound and noble training and education give priority to public interests over personal interests.

As such, the reason behind most of the violations taking place in the realm of social responsibilities is a lack of motivation for social responsibilities. So, an individual or group of individuals needs to take charge of ensuring implementation of laws by persuading people to observe the law and punish them in case of any violation. So, the existence of executive power which implements law by using force is necessary. Initially laws are made for the administration of its affairs.

For example, punishments for aggression and encroachment upon the properties of others are determined. Then, if someone violates the law by encroaching upon another’s property, the executive power punishes him. In some cases, an ambiguity creates tension between two groups or individuals and a dispute arises between them. It is even possible that none of the parties intends to violate the law but because of their ignorance of what is right, they do not know their own duty and status.

In such cases, the judiciary expounds the cases according to the law and determines the rights of both parties and announces its verdict.