These regulations interfere in the freedom of the individual...
These regulations interfere in the freedom of the individual and restrict it and deprive the individual of his natural right. No one has the natural right to interfere in the freedom of others anymore than the others have the right to interfere in his freedom. No individual has an exclusive right to use or manage the public property which is owned by a community because people share that right.
Since governing means restricting the freedom of the individuals the government would not be legitimate in the eyes of Islam (under normal conditions) except through one of two ways: Election by the people, or Selection by God Islam Has No Room for Hereditary Rule Rule by inheritance is forbidden in Islam for the heir of the ruler would be imposed on the people without their will. His management of external and internal public affairs would be without authorization from the people whom he rules.
Should the rule of the bequeather come through a public authorization by his contemporary generation and should that generation authorize the bequeather to hand the rule to his heir in order to rule the future generation the rule of his heir would not be legitimate in the eyes of Islam. The future generation has rights equal to those of the contemporary generation. Thus the contemporary generation has no right to restrict the freedom of its children and grandchildren.
The coming generation has the right to abolish what the previous generation decided. If the coming generation accepts the rule of the heir of the previous ruler the government of the heir would become legitimate not because the heir has the right to inherit the rule but because the new generation authorized him to manage their affairs. By this the government of the new ruler would be a government by election not by inheritance.
This is the attitude of Islam and the Muslim scholars towards the hereditary rules. One should never think that the Shi’ite Muslim scholars subscribe to the idea of the rule of the members of the House of the Holy Prophet by interitance. These scholars are the most opposed to the rule by inheritance. They believe that leadership of the members of the House of the Holy Prophet was by a direct or indirect appointment by the Messenger rather than by inheritance from the Messenger.
Yes the legitimacy of the government in the eyes of Islam under normal circumstances would not take place except through election by people or selection by God.