Unity in legislation (2)

But the third condition: no one else except God does not originally have this right, as the one who strangles should have a right and what right people have on others? All are equal for God.
By these three-logical reasons, it is proved that lawmaking is a monopoly on God, and man cannot legislate. First, he does not own necessary knowledge for the legislation, because someone can legislate for human’s society that has full knowledge of all aspects of human existence, because all aspects of human existence are intertwined. If someone is specialized in the psychological dimension of man and does not have necessary knowledge in the economic and sociological dimension, cannot impose comprehensive law for human society which covers all aspects of human existence, because Islamic laws that are legislated for human’s evolution and progress are related to each other. “Its economy is related to its policy; its policy is related to its social and urban provisions; its urban provisions are related to its detailed provisions, and all of them are connected to international provisions, and the collection of them have firm relation with spiritual and ethical dimension of human being”. Who has full knowledge of all aspects of human existence is the Creator of man, and he can impose the best law for promotion and development of human and does not have specific group, party or personal orientation in legislation.
He is not influenced by sensual emotions and feelings and demands and can legislate by justice and fairness, and human being has no right to dictate. As originally the right to dictate belongs to God, legislation is just for God, and human does not deserve to legislate, and if he begins to impose laws, these laws do not have legal necessity, because they are not issued by an adequate source, except those who have permission from God in legislation. Allah says in this regard:
Say: Do you not look at what the God has sent down to you and has forbidden some of them and made some lawful? Say: Has God given you permission, or do you forge a lie concerning Allah?
any legislation that is without the permission of Allah will be considered as defamation to God, but those who act in legislation with the permission of God, like the prophet and Imams, are in legislative sovereignty circle, because they have been given the authority to impose and enforce the laws, because the Prophet and Imam explain generalities that were revealed by revelation to the holy Prophet.

Quran and unity in legislation

A bunch of verses exist in the Holy Quran that high Allah emphasizes to Prophet (Peace be upon him and his progeny) that you must legislate according to what I have revealed to you, and lest you follow the whims and desires of others and ignore the command that God has revealed to you. In this concept, we have many verses including:
judge between them according what Allah has revealed and Do not follow their desires.
Judge according to what God has revealed among them (people of book), and do not follow their desires, and beware of them, lest divert you from some of the provisions that God has revealed to you.
Although the great Prophet of Islam was innocent of this issue because of his infallibility, but to emphasize and for others to know that the commandments of God must be carefully respected and that no derogation be done, with the frequently emphasis addresses the Holy Prophet: you shall judge corresponding with what Allah has revealed.
In Surah Al-Ma'idah it says this matter in three repeated verse of number 23, 24, and 25.
Such consecutive emphasis markers legislation in Islam that decrees and laws, which are revealed by God for man’s happiness, must be considered, and the actual law maker is God, who understands perfection and happiness of mankind, and the rule that originates from the source of revelation and God's legislative lordship, should be adapted by pure precautions in society, and if someone violates God's law has been criticized hardly.
A bunch of other verses exist in the Holy Quran which indicates rebuking those who entitled lawful and unlawful for people according to their desire, in contrary to God's law-making, and impose rules and explain forbidden and lawful for people without noticing divine rules:
(say has Allah given permission to you to do such thing or you blemish God?
it is certainly a denial interrogation, which means that they applied defamation on God without a doubt, because God would not allow it to do. So someone who determines lawful and unlawful without permission of Allah and impose the law for people is include in the mentioned verse that has applied defamation on God. Therefore, legislation is a monopoly to God and divine decree must be executed in society and this right is originated of legislative lordship of God. So based on Islamic vision and legislative lordship, it should be noted that legislator in principle has got to be God and no one has the legislation right.
The question is whether any other legislator is not legitimate? ... Neither in width of God’s legislation nor in length of God’s legislation? Or some have the right to legislate and that law is valid and binding if it has the permission of God? Holy Quran says in the field of exclusive right of legislation of Allah:
because of the lies that come to your tongue, do not say: this is lawful and that is unlawful so to apply defamatory to God. Verily, those who invent lies about Allah will not prosper.
"As God's religious sovereignty encompasses legislation’s circle - and therefore, any law that is not attributable to God, leads to dualism in worship and just those have the right to legislate that has God’s permission. Also, religious sovereignty of God includes the territory of execution and affirmation, and any type of dictation and policy in ruling is valid just by God’s attribution and divine support. Therefore, in an Islamic society, religion cannot be omitted from the government in step of adopting the law, and also in the implementation phase his permission is required, and this is the way that noticing base of divine sovereignty, we cannot prove the right to rule for anyone without the permission of God, and in this respect there is no difference between the Prophet's and majority of people and obedience from everyone needs the backing of God”.
sovereignty in religion and legislation has monopoly to God, but interpretation and explanation of the divine laws in society needs those who are in need of human and have received divine laws from the source of revelation, and explain them for human society without low and cartridge, and interpretation and explanation of the divine law is the responsibility of prophet and the imams. Revelation element is involved in legislation at the time of the Prophet and during Imams’ era that revelation element ends, interpretation and explanation of God's revelation by Imams is the basis of legislation.
Third speech: legislation in the absence era.

A) Conditions of law interpreter:

But in the absence era that the element of revelation is not there - because of the finality - and there is no element of interpretation of revelation - because of absence - reading the teachings of Revelation is what can be done. In the absence era, those who are in charge of reading the revelation are never comparable to the Infallible Imams (Peace be upon him) in science and purity, because in the absence era neither there is element of revelation nor a united interpretation of the doctrine of revelation, but there are different readings from interpretations of revelation, which will be the basis of divine laws’ explanations, but in any way, we should do things that changing provisions and rules be as close as possible to the God and Imams’ laws which had legislated them in the past. To achieve this goal, inferring of law of revelation must be three key criteria: jurisprudence, knowledge about circumstances of the time, and piety.
1) Jurisprudence: someone who is at the head of the Islamic Community legislature should be aware of tradition and holy book more than everybody else. From the Islamic perspective, the law is legal only when it is approved and signed by the most supreme person of jurists of the time, and if it is done in any other way, it will be in contrary to the teachings of Islam and against the trainings of holy Islam religion, because a person can be a high priest at the helm of affairs of the Muslim community to be more aware in the diagnosis of benefits of the Muslims’ Ummah (society) and analyzes global, political and social situation in a good way. As Imam Khomeini says:
the gate of practice of religious jurisprudence must be always open in the Islamic state, and the nature of the revolution and system always expect the juridical and striving opinions in different fields even in contrast with each other to be expressed openly, and no one has the right and ability to stop it, but what matters here is the true understanding of society and the rule that based on it, Islamic state can plan things in favor of Muslims which is essential. This is where colloquial Ijtehad (practice of religious jurisprudence) in the areas is not enough, but if a person is knowledgeable in the sciences in areas’ sciences, but fails to recognize the good of society or fails to detect righteous, useful people and unrighteous people, and in general lacks the insight and decision-making power in social and political sphere, this person is not priest in public and political issues and cannot take over the reins of society.
2) knowledge of the circumstances of the times: noticing this fact is necessary that legislation of variable laws that provide society’s benefits is not possible only with the full knowledge of the Book and the Sunni, because legislation of such laws depends on two issues: one, having knowledge about the total principles of the book and the Sunni and second, understanding and diagnosis of detailed issues at any event and at any particular time. So the leader of the Islamic community in addition to be Juris consult and knowing general principles and rules of religion, has to the best knower of the present circumstances and materials and individuals detailed issues, otherwise he cannot lead community to the certain goals in facing social problems and issues.
3) Piety and abstemiousness: leader of the Muslim community on behalf of the innocent Imam – that is the caliph of God - is responsible for explaining and enforcing the laws of God. By considering the total principles of religion, he inducts variable rulings and subjects and signatures the laws of a certain subject if is not violation to religion. "He must be the most piety and most abstemious person among people, otherwise people would not be safe from his sensual and personal desires and his prejudice ".
In the absence era, a law is valid and legal and binding that is taken from the Quran and Sunni and it assured by a qualified jurist. If the law is based on an extensive literature and religious texts and is concluded and extracted by a fair Faqih and is run by fair brokers, is influential and violation of it is not permissible, because fair jurists in the position of demonstration, have provincial in execution of divine provisions. When they are faced with the popularity and acceptance of people to form their government, their guardianship changes to actuality from the proof position , because the supreme leader of the ruling has been made on the basis of religion’s law, violation of them is a violation of Islamic law.

B) The fixed law and variable life

When the legislation proved to be only for Allah, the problem arises that divine law is fixed and the life of people is variable and how does fixed law adapt with variable life?
On the other hand, this divine law is explained and interpreted by human, so how can we know that it would not change in interpretation and explanation position, and the law that is derived from divine source and God’s religious will, would not change in the influence of sensual demands of people, and the main concept of divine law that is the factor of individual and society’s welfare, would not be executed.

To solve this problem contemporary thinkers write:

"All aspects and dignity of human life requires laws and regulations and among the rules and laws of God, what refers to the immutable aspects of human life is levied directly by God, like such rules that are mentioned in the Quran, the holy book of Islam, because Islam is the last and international Sharia (religion) and what is come inside it, is canonized naturally to all humans - in any society and at any time and any place, therefore, it must be related to permanent existence of unchanging dimensions of human’s life. However, without a doubt, all the issues and aspects of life do not have stability and durability, but many of them are influenced by many factors and are change and transformed; for example, many urban planning regulations varies in different times and places, so for the variable issues we cannot impose centralized and constant rules.
On the other hand, these things cannot be left without rules and regulations, but we need to impose transformative provisions and laws and variable laws cannot be legislated by unit legislators. Therefore, God willed that in addition to universal, timeless laws that are legislated directly and immediately, and says them in Holy Quran, other laws in the case of variable dimensions and aspects of human life should be expressed for people... Therefore the legislation and expression of such provisions and rules is in charge of the Holy Prophet and other Imams (peace be upon him). Of course, the need for presence of a prophet and other Imams is not just for legislation and expression of variable rules, but explaining the details is of their positions as well ".
As a result, the Prophet and the other Imams (Peace be upon him) have two types of legislation; one is legislation of variable rules according to need of time and place and day’s need and the other is describing the general interpretations in the Holy Quran. When an exponent of the divine law has infallibility, the possibility of change and alternation in the content of divine law is abrogated. Prophet and Imam because of having infallibility express the divine law for people as they are received – with no low and high, and this immaculate intermediate (Prophet and Imam) because of having given science imposes laws for changing lives of people. The rules that govern changing human’s society, is imposed according to religious sources by the infallible leader, so distortions and changes do not occur in the legislation.

C) The status of the legislation in religious state:

With religious and rational reasons, it was proved that the legislation only belongs to God and any law that does not comes from God's legislative will, in the religious state does not have influence and prestige, because religious state is the divine rule of law, and human does not have the qualification to make law in the system. Now the question is that in religious democracy what is the Islamic Consultative Assembly's position? Do not representatives and legislation institution legislate?
"First, the Parliament in the Islamic Republic is not only for legislation, as the House observes the qualification of law executors that is the government. It also oversees the correct implementation of law and gives opinions about the international treaties’ signing and such issues...
Secondly, besides the fact that Islam is a comprehensive religion and its rules and regulations include governing the six directions and all aspects of individual and collective, resurrection and livelihood, physical and mental, and spiritual or material life of human, but still it should not be assumed that the verdict of all the complex social relations exist in there. If it was in this way, reasoning and inference of the rules no longer had no meaning and there was no feeling of the need for that reason and consensus to be among inferred resources. In Quran and Sonnat (religion) the general principles of guiding in life exist, but the implementation of theses general principles finds a new color every day...
We all know that applying electricity and cars and different industries and technology changes lifestyle, and new life needs new rules. Islam does not deny the need for such rules and obligations to the presence of Government of the Islamic Republic means that Parliament must take care of them and adjust necessary rules in the context of human and spiritual interests, so that the dignity of man and his high goals be maintained.
Thus, in the Islamic Republic, it is necessary to achieve a legislative body of laws to legislate in the fields of secondary concepts, and emerging issues of the day, and the quality of the general provisions of the law. In fact, in a word, there is philosophy behind this branch which is deduction of the laws and discovery of commandments and compliance of daily issues with them”.
Islamic law or commandment of God has an absolute rule to all the people and the Government of the Islamic state. All people from the Prophet (Peace be upon him) to his caliphs and others are subject to the law forever, the very law that was revealed by God and is stated in the language of Quran and the Prophet (Peace be upon him). So the Prophet (Peace be upon him) by the command of the rule and adherence to the law, determined Imam Ali (Peace be upon him) to rule ... because, he was executive officer and subject to the judgment of God and the commandments of God.
Well, government in Islam means adherence to the concept of the law and only a law can rule over the society. There also has given limited authority to the Prophet (Peace be upon him) by God. Prophet Muhammad (Peace be upon him) whenever expressed something or issued warrants, has been to follow the law of God. In a law that should be followed and obeyed by everyone without exception, and divine mandate is respectable for bosses. The only legislation and law that is binding for respectable people is the verdict and the law of God... votes of individuals, even the vote of the Prophet (Peace be upon him) do not interfere in the Divine law and government: all are subject to the divine will.
Accordingly, a law will be valid in Islamic society that satisfies God and if God forbids this law, that law is invalid, because it violated the right of God, and in the light of God's right violation, human’s right will be violated as well, because according to Islamic vision and legislative lordship it must be said that the legislator must be in fact God. The divine requirements, which are legislated in the form of halal and haram is due to presence of interests and corruption that lies at its facilities.
Implementer institution in religious state is collation of general religious provisions on examples. Legal rulings reconcile with subjects by considering position of time and place and monitor the performance of government. Council and Parliament in a religious state is a supervisory body rather than a legislative body.

Fourth Speech: Legislation in Imam Khomeini’s sight

Imam Khomeini has a deep vision of religious sources and texts and his thoughts are based on united worldview and religious lordship and says about human being not being qualified for legislation and the exclusive right of legislation of God:
Here, we also say that the purpose of human setting rules is that a person or several people legislate something from their sight and then this law becomes a must for the people of that society to obey it and if they do not follow the rule, rule will criticize their wisdom and ask them to be punished as the rules and laws of world’s countries are the same as said. No one can say that the law of a person or several individuals become indispensable for a country for no reason; so that by intelligence’s provision, the offender will be recognized as guilty person.
You ignore the habits of all those insipient countries that are all built on the basis of the dictatorship, although they have other names such as constitutionalism and democracy and communist and socialist, and then eject to the empty wisdom of habits.
See what is a human being’s will scope? Could it be more than what he has seized and earned legitimately?
Does man have such authority to interfere in the property and lives of the masses? ...
the gist is that human does not have such a right and any legislation that he sets and by the provision of wisdom, no one is dominant over any body, unless the world’s God’s provision that because all the world is his creature and has been made by him and he owns it, the wisdom knows his provision dominant and necessary to obey for everyone.
The legislator should not be other than God, and as the wisdom legislates that law making is God’s duty and no one has such a task, must rule that the fair God has accomplished his obligation.
Elsewhere, besides the arguments of the Holy Qur'an for exclusive right of legislation to Allah, he says:
If we want to count the number of verses that generally has that one by one of provisions has been right to God, our speech will be so long and wide. Here, we will pass from all these things again and ask the wisdom that does a God, who has created this world with order from his vision and awareness and knew human beings that are weird creatures who all have the wish of ruling over the world, and all of them have invasion willing in themselves, leave his creatures in foggy situation and does not have a fair rule over them? Inevitably, this matter that is out of wisdom’s provision should not be attributed to world’s God whose all actions are based on wisdom. So the establishment of state and legislation of rules in countries is in his own charge and all of his laws must have been based on justice and maintaining system and laws inevitably and off course, individual’s interests and private visions and different factors of this world do not interfere in divine laws at all, because God is holy and sacred of all these. This law that from general aspects of countries to special features of individuals and from collective lives of human to personal lives of them that lives in a cave lonely that has set thousands of laws from placement of semen in human’s womb till going to the tight grave, is God’s religion that is Islam…no one except God has the right for ruling over others and they do not have legislation right and God, by the provision of wisdom, should set government for people and legislate the laws.