Legislation in Islam and Democracy

By: Ayatullah Professor Muhammad Taqi Misbah Yazdi
We mentioned in the last session that conciliation between Islam and democracy in legislation cannot be established. Democracy means populism or government of the people. In other words, it means upholding the people’s will and view. Now, the question is: Is credibility based on the will of people limited or not? When we say that the criterion and basis is the people’s will, is it so even if it is against the will of God? Or, is the credibility of the will of people so perfect that it is not in conflict with the law and will of God? What is intended by this concept and terminology in the West is that the people’s view is the main criterion and no other power in heaven and earth has the right to interfere in people’s destiny and legislation for them. The law is what the people want.
At this point, this question is relevant: Is the consensus of opinion of all people the criterion of the law’s credibility, or is majority vote enough? The consensus of opinion of all people is impossible in actuality, and if the majority vote is enough, what will be the duty of the rest, and should the majority vote be binding on them? In reality, today’s democracy is a mixture of democracy and elitism. That is, the people elect an elite group to enact laws for them.
Now, if there is a conflict between the view of the majority of people and their elected representatives, which view shall prevail? Of course, the representatives usually enact laws in accordance with the will of the people; otherwise, they will not be elected in the next round of elections. Since they have to fulfill the wish of the people, they enact laws as per the desire of the people. There are also cases, nevertheless, when the people’s view differs with that of the majority of representatives.
There are those who have explained that their aim is to replace the Islamic government—the government of the clergy and wilayah al-faqih—with a democratic government in Iran. “Democratic” implies that apart from the will of the people, nothing has a say in determining the law. Can the Muslims accept it or not?
Meanwhile, to those who claim that Islam is harmonious with democracy, this question is posed: Is the vote of the people binding even if it were against the definite decree of God, or not? If it is not binding, it follows that democracy has not been established. If the criterion of the law’s credibility is the vote of the people even if it were contrary to the definite decree of God, in this case democracy is not harmonious with Islam. Is Islam other than obeying God and the Apostle (s)? Do we have another Islam?
Nowadays, it is said that there are many interpretations of Islam but the interpretation on the basis of which this Revolution has come into being is that the decree of God and divine values must prevail in society. The interpretation of those who staged this Revolution, have defended it up to the last drop of their blood and will do the same in future.
Thus, if democracy in the legislative dimension means giving precedence to the will of people even if the enacted laws were against the decree of God, such a democracy from the viewpoint of Islam and the Muslims is unacceptable. However, if democracy has another meaning such that while preserving the Islamic foundations, principles and values, the people could get involved in the legal and social issues of their society by electing their representatives and enact specific laws for certain circumstances of time and space. This is something which exists in our country. That is, the people elect their deputies in the Majlis.
The Majlis’ deputies engage in a debate and deliberate about a bill and afterwards ratify it. However, the ratified bills are credible provided that they are not against the laws of Islam.
In any case, for the people to elect their representatives to determine the variable laws according to specific circumstances of time and space is something existing in our country. The Imam endorsed the same process and our Constitution also approved it. If democracy in legislation refers to it, such a democracy exists and nobody opposes it.

The binding law in the Islamic government
An important question is that when the people’s representatives ratify a bill in the Islamic Consultative Assembly, is this ratified bill credible because the people’s representatives have ratified it and in principle the people have elected their representatives for this purpose, or is it because the ratified bill is in a sense confirmed by the wali al-faqih? Theoretically, we believe that the foremost right that man should observe in his life is the right of Allah [haqq Allah].
If we are supposed to observe certain rights, the right of Allah takes precedence and the foremost right of Allah over the people is the right of Lordship [haqq-e rububiyyat] which has two types, viz. cosmic Lordship [rububiyyat-e takwini] and legislative Lordship [rububiyyat-e tashri‘i]. Legislative Lordship denotes that whatever God commands is obligatory upon man. So, if God prohibits a thing, it must not be done, and violation of the divine laws and decrees is an infringement upon the divine right of Lordship, and denying and regarding it as non-binding is a form of shirk.
As such, the law which is pleasant to God will be credible in Islamic society. If God prohibited a law, it shall not be binding because the right of Allah is violated and by violating the right of Allah, the rights of men will also be violated. Does God acquire any benefit from legislation? In bidding and forbidding us and enjoining a decree, does God want anything other than the welfare of man? So, whenever an act is against the dictum of God, it is also against the welfare of man. In conclusion, the main pillar of the law’s credibility is that once the preservation of the interests of man is endangered, the right of Allah is also violated.
As such, such a law shall not be binding. It is on this basis that after the ratification of the bill by the people’s representatives, there is another filter, and that is, certain lawyers and fuqaha have to adapt a bill to the religious standards and check whether it is against the law of God or not. This is the function of the Council of Guardians.
If the credibility of law depends only on the people’s vote, what are the fuqaha of the Council of Guardians then supposed to do? The people have cast their vote. Their representatives have ratified and enacted the law they requested and the said law has become binding! In the Islamic Republic system, the first and foremost function of the Council of Guardians (and of course, they have other duties) is to check the conformity of the statutory laws of the Majlis with Islam; that is, what the people have voted for through their representatives.
One reason why you see the Westernized elements, and those who pour water into the enemy’s watermill, talk about the abolition of the Council of Guardians is that they want the absence of a filter that checks the conformity of laws with Islam. Today, I am making this statement for you to be informed—perhaps you cannot believe, and God willing, it will not happen—that the liberals and Westernized elements are trying to remove Islam and wilayah al-faqih from the Constitution. By His will, God will not give such a chance to the enemies of Islam and the Islamic system.
Note:
[2][107] Surah Al ‘Imran 3:64.
[3][108] Surah al-‘Ankabut 29:46.
[4][109] Surah an-Nisa’ 4:171.
[5][110] Surah Maryam 19:90.
[6][111] Surah an-Nahl 16:36.
[7][112] Surah al-Bayyinah 98:5.
[8][113] Surah az-Zumar 39:3.
[9][114] Surah Luqman 31:22.
[10][115] Surah al-Ma’idah 5:38.
[11][116] Surah al-Baqarah 2:4.
[12][117] Surah adh-Dhariyat 51:20.
[13][118] Surah at-Tawbah (or, Bara‘ah) 9:45.
[14][119] Surah ?ad 38:8.
[15][120] Surah al-‘Ankabut 29:65.
[16][121] Surah Al ‘Imran 3:185.
[18][115] Surah al-Ma’idah 5:38.
[19][116] Surah al-Baqarah 2:4.
[20][117] Surah adh-Dhariyat 51:20.
[21][118] Surah at-Tawbah (or, Bara‘ah) 9:45.
[22][119] Surah ?ad 38:8.
[23][120] Surah al-‘Ankabut 29:65.
[24][121] Surah Al ‘Imran 3:185.
[26][123] Surah al-Baqarah 2:159.
[27][124] Surah al-Kahf 18:29.