Mouood Mouood English Edition
8. Publications:
The writers play an effective role in leading it towards either felicity or wretchedness or any other path relevant in the context of the particular conditions and circumstances in which a society finds itself. Moreover, the reference is not to writers and books alone, but includes all those who influence public opinion on important social issues and control the communication media in a society.
The important fact, from the Islamic viewpoint, is the criteria and norms on which the press and media of communication should be based. The Islamic system requires their use in the service of true religion and the good of the society. It is necessary for the press also to follow the rules that apply to the following matters. The press must observe the criteria for educating the public, the duty of enjoining good and forbidding evil, the duty of guiding the ignorant and disseminating knowledge and science. It is necessary for the press to restrain from such activities as spreading lies, obscenities, engaging in slandering, defamation, disclosing people’s secrets, insulting the believers, and in effect enjoining evil and forbidding good, also apply to the press and the media of communication with the masses.
9. About the selection of personnel for government offices, Malik al-Ashtar received the following advice:
“. . .Then look into the affairs of your officials. Appoint them to their posts after a thorough test and do not appoint them arbitrarily and on account of your personal preferences.
Your selection of them (i.e. secretarial personnel) should not be based on your personal impressions, confidence and favorable opinion alone, You should rather test them by taking into consideration the record of their past service under virtuous people before you”.
Regarding the judges, Imam ‘Ali (a.s) says:
“Check as often as possible his judgements (to ensure that the judge fulfils his judicial duties properly)”
In most of the duties and responsibilities set forth for the Wali al-‘amr, it is neither necessary nor possible for him to carry them out personally ; their nature being such that they must be performed by lower ranking officials. The process of selection of officials by a single individual would be both difficult and unreliable, it is necessary that a group or committee should be set up to oversee the process of selection, and make sure that it is carried out properly.
Other committees and councils must also be set up to oversee other functions of the government. All this is in tune with the general principle that whatever one does, must be done correctly and properly. The Holy Prophet (s.a) says, “God loves a man whom when handling a job does it with precision and firmness. And whenever any of you does something, whatever it may be, he should make sure that it is done perfectly and precisely.” (Safinat al-Bihar, see under ‘ummal).
Imam Ali (a.s) says, “I advise you to be pious before God and to manage your affairs in an orderly manner.”
The councils and administrative bodies are necessary mechanisms for the existence and continuity of the Islamic government. It is based on the Ahadith from both the Shia Muslim and Sunni Muslim sources.
10. The budget, which shall be discussed later:
With a view to the established authority of Faqih, according to the above evidence, during the occultation, of the Wali al-‘Asr (may our souls be taken into service for his cause) the following points should also be examined:
If at any particular time during the occultation of the Wali al-‘Asr there is only one fully qualified Faqih, it is obvious that he should occupy the post of Wilayat. If thisFaqih would have shortcomings in some of the necessary requirements, it must be compensated by the selection of appropriate aids, to continue with the Islamic government. Proof of the necessity of the Islamic government can be inferred from such evidence that directly support it as well as from laws that could only be implemented with the existence of a government.
If, on the other hand, there are a number of qualified Faqih, it is obvious either one of such Fuqaha’ would lead if there is no conflict or the one with greater degrees of priorities would become the leader. Such was the practice of the holy prophets and the Imams (a.s). Whenever aMa’sum occupied the post of Wilayat, the other Ma’sum (s) of his time obeyed his authority. Such was the case of Abraham (a.s) and Lot (a.s) Moses (a.s) and Aaron (a.s) Jesus (a.s) and John (a.s) the Prophet of Islam (a.s.w) and Imam Ali (a.s) al-Imam al-Hassan (a.s) and al-Imam al-Hussayn (a.s) and similarly every Imam and his succeeding Imam.
One Hadith says, “There can be no two Imams at the same time unless one of them is silence.” The rule banning the multiplicity of rulers at the same time begins with Divine Sovereignty itself, as indicated by the following verses,
“Were in them (i.e. the earth and the heavens) any gods besides Allah, verily both would have been destroyed in disorder.” (21:22)
… nor is there any god along with Him; otherwise, each god would have taken away that which he created and some of them would have risen up over others, glory be to God, He is beyond that they describe”…. (23:91)
It is also not acceptable to maintain that each of the qualified Faqih should govern a separate city or province, or that a country should be divided into separate States under each, because this is against the teachings of Islam and contradicts the unity of the Ummah. The only solution is to gather together in councils and decide through consultation such as accepting the vote of the majority or drawing lottery etc. ‘This is due to the Ahadith in favor of Wilayat al-faqih and consultation (shura), reason and experience.
The authority of Faqih is to enforce certain laws and this may also be accomplished through a council. As if when a matter involves different fatawa and ‘opinions of qualified Fuqaha, the problem can still be solved through consultation; but the council referred to would be a fatwa council and not a leadership or Wilayat council.
2. In the constitution of the Islamic Republic of Iran, approved by the overwhelming majority of the of people of Iran in 1980, the Leader or the Leadership Council who has the authority over the office of Wilayat al-faqih, consisting of a single faqih or a council offuqaha‘ – are entrusted with ten duties as follows:
(i) The appointment of the scholar of Fiqh of the Guardian Council, whose duty is to supervise the legislation approved by the Islamic Consultative Assembly;
(ii) The appointment of the members of the Supreme Judicial Council, which is the highest judicial authority of the country;
(iii) The appointment and dismissal of the commander of the joint staff of the army
(iv) The appointment and removal of the commander of the Islamic Revolution Guards Corps;
(v) The formation of the Supreme Defense Council;
(vi) The appointment of the commanders of the Army, Navy and. Airforce
(vii) The declaration of war and peace and the mobilization of the forces
(viii) Signature of a decree officially appointing the President after he has been elected by the people
(ix) The dismissal of the president after a declaration of his incompetence either by the chief of the Supreme Court or the Islamic Consultative Assembly
(x) Pardoning of convicts or reducing of their sentences on the recommendation of the Supreme Court.
