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Shiavault - a Vault of Shia Islamic Books Islamic Political Theory (Legislation): Volume 1 Session 14: The West’s Materialistic Approach to Law A review of the previous discussions As stated before, according to Islam, the society is in need of law—law which guarantees man’s prosperity in this world and the hereafter.

Also, the law enforcer must be a person who is totally aware, concerned, pious, just, and capable of adapting laws to specific cases and circumstances—traits which are required of a leader. This is the essence of the Islamic theory on government which our society knows as the theory of wilayah al-faqih .

In elucidating this theory, it is stated that man can possibly live alone in a jungle or cave, but there will never be any material and spiritual advancements except under the aegis of social life. All the emergent sciences, arts and technology are products of social life.

Even those who have been engaged in self-purification and moral refinement, and in constant spiritual wayfaring and mysticism, have attained such stations under the auspices of social life and learning at the feet of spiritual masters and moral teachers. So, had it not been for this relationship among people, there would never have been any material or spiritual advancement. Social life, therefore, is indispensable for man.

For individuals to acquire the maximum benefits from this divine grace, rules and regulations must necessarily be established in their social life. Obviously, if there were no rules and regulations, society would plunge into chaos, degeneration and disorder, and man’s life would turn into that of animals. Of course, some people imagine that human beings are wolves for one another and must be regulated by means of brute force. Such an attribution to man, however, is an exaggeration.

Nevertheless, there are inclinations in man which, if not controlled by the institution of rules and order, will drive society toward corruption. The question consequently is: Which type of rules possessing which qualities can guide human society toward prosperity in this world and the hereafter? In brief, it is said that some believe law should only ensure security and order in society and it has no other function.

Others believe that in addition to order and security, law should also guarantee justice in society. Therefore, in defining law, different views are posed which were stated in brief.