Translator: Majid Jamalzadeh
Source: rasekhoon.net







 

Doubt:
Community rule is monopolistic and opinionated.
Reply:
First we examine the roots of the tyranny. Then we compare it with society rule. Then we will hand over the judgment to our dear readers, and we will ask them, whether a community with jurist ruler is equal to the society with a cruel governor?
The main motivation of the tyranny, is lack of piety and legitimacy and following the caprice, depending on the foreign forces and collecting wealth. And mainly we call a person as opinionated, when he does the works by his own ideas without consulting others. In contrast, a jurist has knowledge and piety and does every work away from the caprice. Jurist has to act according to the God`s will and common good and prior to his own will and decision. And acts in the frame work of the God`s orders. And can`t behave like a cruel ruler. Government of jurist is the government of law. But opinionated person knows nothing except the rule of himself. Now there some arrangements and controls for the jurist, to prevent a jurist to become a cruel dictator. And there are at least 4 types of controls to rule out such assumptions as forecast in the constitutions:
1-controling the leader`s character: in this section, law has assumed some conditions and characteristics for ruler jurist, so to control him perfectly.
2-legal control of the leader: which will be done by the assembly of experts. And the said members are elected by the people.
3-finantial control of the leader: by judiciary.
4-controling the leader by consultation. It is predicted in the constitution that, leader has to consult with various experts to take decisions and his decisions should benefit the public. But a cruel ruler thinks only about his own benefits. And there is no such controls over his works. He is free to do whatever he wants to do. And no has right to object over his works. Jurist has no advantage over others. And he is equal to other in front of the law. Orders of the jurist is not like the cruel ruler. And he is not doing any wrong. Jurist`s order will include himself too. Because the real ruler is God and he can`t do whatever he likes. According to what we mentioned, it is clear that, basically in Islam, ruling is a heavy duty. And not a pride over others. And jurist, never thinks, other are under his command. And if he thinks so, his rule will be terminated. And constitution, has also insisted on internal leverage of supervision, and on his virtue and away from financial matters. And if assembly of experts finds a mistake in leader, he will be dismissed. Therefore an investigation committee has been formed in the experts assembly.

/J