The Importance Of Preserving the General Social Order And the Role  Faqeeh

( Islamic Jurist )  

Islamic Fuqaha ( Muslim religious jurists ) frequently mention the concept of “ preserving the general social order ”  and take it as a measuring standard , guideline and testimony  for making jurisprudential ruling . This concept was not mentioned in the noble narratives ( Prophetic Tradition ) , but , rather , by Fuqaha as a collective concept which indicates public interests and existing institutions whose obligation is to preserve public interests . The Holy Lawgiver ( Allah , glorified and exalted be He ) care about these institutions since they regulate the affairs of people, the well-being of their lives, the reconstruction of the country and the extension of security, stability and prosperity.

This interest is evident in many noble narratives and in various sections, such as land and agriculture, gains and the promotion of virtue and the prohibition of vice and the provisions of the common resources such as water , natural resources, roads, land and so on . However , Fuqha did not reflect these narratives in political , social , economic  laws and regulations and in state administration ; they just wrote them down and recorded them , in books ,  as juristic matters . Yet , the basic reason for preserving these matters was what they called “ the preservation of the general social order “ . We hope that this conscious generation will edit these Islamic systems by compiling and revising these miscellaneous matters and issues.

This evidence  , as the evidence of the preservation of human dignity and the evidence of monotheism , governs the rest of evidences ; it is just like the constitution  which governs the other laws ; no law is enacted if it violates the Constitution . For example , if launching a vital project , necessary for the lives of people , like building a public way , requires to possess the land ownership of some private properties and the owner(s) refuses to sell them, the Faqih ( Muslim religious jurist )  will judge that these  properties belong to the state against the will of their owners, depriving them of the right of jurisdiction and giving them the right price of sale ; they will not have the right to refuse as the properties are personal or individual ownership . The Commander of Believers Imam Ali ( peace be upon him ) confiscated all the lands and properties illegally granted by the third Caliph  Othman to his relatives and some of the influential persons ; this was the first step taken by Imam Ali when he became a Caliph . They were public properties and funds which can not be granted to persons unless for one purpose ; namely reclamation and reconstruction .

This principle proves  that Islam is a religion of state, dignity, justice ; a religion of reconstruction , of life , of building a happy and peaceful society and a prosperous country . Islam is not a religion of isolation and seclusion ; therefore , its provisions provide all the requirements of establishing a decent state and a free and good men : “ He brought you from the earth and settled you therein “ ( Hud , 61 ) . Moreover , Islam removes all the barriers which may hinder  the creation of a happy and free society  :  “ And indeed we have honored the children of Adam” (Isra “ The Journey by Night “ : 70) . Accordingly , some of the greatest taboos and sins in Shari’a (Islamic law ) are to disrupt the general social order, to create chaos and sabotage to the institutions of the civil and military services , to cause people to worry or to lose security and stability, because this is an aggression against the will of the Great Creator .

The Imams (peace be upon them) used to teach their followers to differentiate between state and authority. The rejection of an unfair and oppressive authority and the non-recognition of its legitimacy do not mean to attack state institutions that provide public services such as health, education, municipalities, roads, protection of external borders, internal security . Our Imams ( peace be upon them ) had a high level of great sense of responsibility , nobility and moral ethics despite the fact that the authorities practiced , against them , various types of oppression : assassinations , killing , arrest, persecution, displacement and starvation ; yet , they (peace be upon them) were sincere and honest in preserving public interests and the general social order.

I have mentioned many evidences in the book entitled "The Roles Of Imams In Islamic Life" ; for example , Imam Al-Sajjad (peace be upon him) who set up a plan to mint currency for the Islamic state and presented it to King Abdulmalik bin Marwan after the threat received by the king from the king of the Romans whose currency was in circulation . Imam Al-Sajjad , also , had a prayer specifically devoted for the armies stationed on the borders of the Islamic state . Imam Ali ( peace be upon him ) , the Commander of Believers ,  also used to  give advice and consultations to the caliphs who preceded him . Really , there are a lot of evidences in this respect .

Islam considers these provisions extremely important and vital that the Holy lawgiver ( God ) has entrusted the Faqih who meets all the requirements of the guardianship of people with the task of fulfilling these obligations since he has the capacity and ability to assess and judge situations and needs due to the knowledge , insight , high integrity , experience and guidance he has .  We have said earlier that the Faqih who meets all the required conditions is the caretaker  of the outputs of the mechanisms called democracy and he has the veto right against the laws which contradict or violate human rights or values  . He can perform the veto right through objections , demands , advice , and guidance since he is the person who preserves people and country interests .   If the parliament, for example, takes a certain decision that the Faqih sees a violation of public rights, he will veto it and it will not be possible to act on even if it is taken by the majority . Similarly, the Faqih will adopt the same attitude if the parliament decides to overstate privileges for MPs and state officials, since it is illegal .

Sheikh

Mohamed El Yacouby