But morals...
But morals, or the good and bad discerned by the intellect or conscience of man in relation to his personal life have nothing to do with the domain of politics and government. Another point raised in this connection is that apart from the personal or private spiritual issues, the intellect limits man’s liberty. Can the government apparatus limit liberty? The reply is that in connection with social life, the government is meant to limit liberty.
The government enacts laws and ordinances, permits certain actions, prohibits others, and fines, imprisons or penalizes a violator. In some government systems including the Islamic system, even physical punishments including execution have been considered. So, we have to accept the presumption that government is basically meant to limit social actions, and social liberty.
Taking into account what we have said, it is clear that the notion that “Freedom is above the government and law” is a fallacy. The government must restrict liberty. To say that no institution can limit the sociopolitical liberty of people is like saying that government is not necessary, and the existing government is futile, illegitimate, illegal, and an imposition.
The legitimate source of government and the enigmas of democracy After we accept that society must have a legal or legitimate government that limits sociopolitical liberty, we face two fundamental questions: (1) From whom has the government acquired legitimacy and on the basis of which right does the government restrict liberty? (2) To what extent can the government restrict liberty?
According to our belief, except under the aegis of the Islamic political theory, the legitimacy of a democratic government does not have a lucid, acceptable and convincing justification.
If we say that through the government the people limit their own liberty, apart from the fact that whenever a person wants he can limit his liberty and control his actions without any need for a government to do so for him, this view is paradoxical and self-contradictory because anyone who wants to be free might not limit his action and movement.
The latest and best theory advanced in the world today on the legitimacy of government and accepted by the majority of people is that the people delegate a part of their rights to the government.