those who at the time of the Prophet ( s ) or in the...

those who at the time of the Prophet ( s ) or in the presence of an infallible Imam ( ‘a ) were sent as governors and rulers to Islamic territories and provinces to implement those laws. During the period of ghaybah , the fuqaha , who are appointed through general designation, are responsible for implementing the laws. What has been mentioned so far broadly deals with the macrocosm of the Islamic government viz. legislation and implementation.

The judicial organ in reality is part of the executive body and because of its special importance it enjoys an independent status. Status of natural laws and statutory laws One of the principles and presumptions of our discussion is the need of codifying law for society. The second principle is, according to our view, the binding law is that which is directly or indirectly enacted by God. Those opposing this view say that society is not in need of law whether it is enacted by God or anybody else.

This theory has no proponent today because nobody can deny this need of society. Nowadays, even in a village where only a few people live, the existence of laws and orders to be followed by people is regarded imperative. In the past, however, when living conditions were simple, some believed that they were not in need of statutory laws. According to them, the intellect alone could discern a set of natural laws by knowing the natural law, and there was no need of special people to enact laws.

In the past, the theory of natural right and natural law was initially presented to human societies in such a way that if they were asked, “Which law should we abide by?” they would answer, “Look at your self or look at the universe to learn which law is prevailing, and the same law will prevail in society,” proving that even the theory of natural law has clearly accepted the principle of the need for law. No thinker has ever claimed that mankind is not in need of any law, even natural laws.

The bone of contention among philosophers is: which is sufficient—rational, natural, or divine law? That is, are laws which all people can discern by their intellect sufficient for society? Or, do we also need specific statutory laws? As we have said, if ever it was imagined in the past that natural laws, rational laws, or ‘rational independents’ [ mustaqillat-e ‘aqliyyeh ] were sufficient to meet the needs of society, today the said assumption is unacceptable.

Neither is there any point of raising and examining it.