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Shiavault - a Vault of Shia Islamic Books Islamic Political Theory (Legislation): Volume 1 Session 21: Islam and Democracy (Part 1) Law enforcers’ need for the permission of God Some may ask, “Once we accept law, identify the channels and grounds for its implementation and are certain that in a certain case, for instance, a given law must be implemented, what is the difference between Zayd and ‘Amru being the law enforcer?
We accept that divine law must be implemented in society, but why should God authorize the law enforcer? If the above objection is expressed in the area of jurisprudence, it must be addressed through a juristic method and approach.
But if in public, certain people express skepticism without considering the juristic foundations and research methodology in the subjects of Islamic jurisprudence and want to receive a reply which is for the average man, understandable and discernible by common people, we can reply to such people by citing instances from our social life. For example, in family life and environment, there are rules for family members. For instance, one should not encroach upon the property of others.
This rule should be observed even by children in relation to their toys and stationery. If one member of the family encroaches upon the property of another, he or she shall be reproached. Or, in relation to two families or neighbors, if one of your neighbors enters your house without your permission and uses some of your belongings, even if it does not bring about any harm to you, you will complain against his action. Even if he serves you, you still deem it your right to complain against him.
As another example, let us assume that a law or circular is to be implemented in an office, but the decree of the head or manager of the unit supposed to implement it is not yet issued. If a person comes, says he is a trustworthy and good man who knows the law well, takes a seat in the office, and engages in implementing the law, no one will allow him to do so even if he is the same person whose letter of appointment is on its way.
This is because all men of wisdom have accepted the principle that as long as a competent authority does not authorize a person, he has no right to exercise legitimate or legal authority.