Encyclopedia of Contemporary Jurisprudence

Majority Rule

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  • Abstract

Majority rule as a global value refers to the thought and judgment of most people in a group or country who share common characteristics. Today, in many countries, the choice of political system, government officials, as well as legislative and decision-making processes are based on majority rule. The issue of majority rule is a new issue in the Islamic world that has faced many positive or negative reactions from religious thinkers, especially Shiite and Sunni jurists.

Shiite jurists have offered several opinions regarding the validity or non-validity of majority rule, as well as its binding on everyone; the absolute non-validity, absolute validity, and conditional validity of majority rule are the views that Shiite jurists have adopted in this regard, and each of the theorists has tried to document their opinion by relying on rational arguments, verses, and hadiths. According to Masoud Emami, a researcher of political jurisprudence, the difference in views about the legitimacy or illegitimacy of majority rule is due to the difference in the basis.

Clarification of the Issue and Its Position

Referring to public opinion and preferring majority rule in collective decision-making has become a global value today;[1] so that many of the world's political systems benefit from the title of democracy, which is based on the will and vote of the majority, to gain legitimacy.[2] Today, by including the word majority in the definition of democracy (the most common type of government in the world), it is considered a type of government that is organized in accordance with the principles of people's sovereignty, political equality, consultation with all people, and majority rule.[3] And usually democracy is depicted as synonymous with the rule of the majority of the people.[4] In other words, the source of power and law-making in democratic governments is the vote of the majority of the people.[5] In addition, the acceptance of democratic government in Islamic religious societies has further increased the importance of the issue of majority rule.[6]

In many countries, the choice of the type of government, Constitution, executive officials of the government, members of parliament, etc., as well as the process of legislation and decision-making are based on majority rule.[7] Majority rule, along with issues such as political participation, separation of powers (distribution of power), and people's oversight of the performance of government agents, is one of the most important elements of a republican system or a democratic system.[8]

Terminology

Majority rule or majority vote (in English: Majority vote and in Arabic: أغلبية الأصوات) is defined as the opinion, view, thought, idea, belief, and judgment of most people in a group, organization, institution, or people of a country who share common characteristics in terms of language, religion, race, etc.[9] The words majority and minority refer to the number and quantity of groups without considering their quality. In Islamic teachings, the word minority is used to refer to the People of the Book in contrast to the Muslim majority; but today these two words are mostly used in political competitions and legislative processes. Groups and individuals who gain the support of half plus one of the citizens are called the absolute majority, and their rivals are called the absolute minority; of course, gaining an absolute majority is usually difficult, which is why scientists have introduced the word relative majority, which means the largest unit of the group without considering whether it is more than half or not.[10]

Position in Contemporary Jurisprudence

Managing society based on people's votes and considering the opinion of the majority in the administration of public affairs is one of the new topics and issues in the Islamic world, the history of which, especially in Iran, dates back to the victory of the Constitutional Revolution.[11] The entry of new concepts and new phenomena in the Islamic world is usually met with positive or negative reactions from religious thinkers, especially Shiite and Sunni jurists. Concepts and phenomena such as freedom, equality, elections, separation of powers, human rights, and including majority rule are considered challenging issues in the contemporary era.

The issue of majority vote is examined in jurisprudential books under chapters such as ijtihad and imitation,[12] partnership contract,[13] judgment[14] and discussions related to elections or the election of a ruler,[15] appointment of Vali-e-Faqih,[16] and in the process of legislation,[17] has been reviewed.

Examining religious teachings about referring to public opinion and preferring majority rule is today a serious concern among contemporary jurists, and many studies have been compiled in this field. By examining the opinions of contemporary jurists about the validity or non-validity of majority rule in the administration of public affairs, as well as the compilation of general and specific laws and regulations, three views can be extracted: the absolute non-validity of majority rule, the absolute validity of majority rule, and the conditional validity of majority rule based on different principles.[18]

Shiite Jurisprudence

The legitimacy of the position of the people and majority rule in shaping political systems in the Islamic world, compiling laws and electing the leader of the Islamic community, as well as the binding of majority rule on everyone, has been disputed by Shiite jurists. The absolute non-validity, absolute validity, and conditional validity of majority rule are the views that Shiite jurists have adopted in this regard. Each of the theorists has tried to document their opinion by relying on rational arguments, verses, and hadiths.

Non-Validity

Template:Main Jurists who believe in the non-validity of majority rule believe that only the government, law, and ruler are legitimate that have been determined by the Sharia, and they consider taking the majority vote as an innovation.[19] According to these theorists, giving preference without reason to the opinion of a group of people, even if they are in the majority, over the opinion of others, even if they are in the minority, is against the rule of reason.[20] Believers in this view have cited several categories of Quranic verses that condemn the majority to reject the position of majority rule in the political system of Islam.[21] Citing some narrations that the Infallibles (AS) are not obliged to act according to consultation with others[22] and sometimes even act against the opinion of advisors,[23] is another reason for those who believe in the non-validity of majority rule in governmental matters.[24]

Validity

Template:Main Jurists who believe in the validity of majority rule in governmental matters consider the acceptance and legitimacy of the government, the ruler, and governmental laws, and even the actualization of the ruler's sovereignty, to be conditional on the consent and vote of the majority.[25] Citing the principal rule of "taking preferences when there is conflict,"[26] the rule of the ugliness of preferring the inferior over the superior (the ugliness of preferring the minority over the majority)[27] and the way of majority rule to achieve the interests of the people[28] are the most important rational reasons cited by this group of thinkers. They believe that in the event of a difference of opinion in typical matters and assuming the equality of legitimacy of both sides, it is necessary to rely on majority rule in order to preserve the system, and the religious reason for the obligation to follow the majority vote is the same reasons for the obligation to preserve the system.[29]

This group of thinkers has cited verses from the Quran, including verses related to the concept of shura, such as verses 159 of Surah Al-Imran and 38 of Surah Shura, as well as verses related to the authority of believers over each other,[30] to prove the legitimacy of majority rule.[31] Citing narrations from Imam Ali (AS) that made the actualization of his authority over the people conditional on the consent and acceptance of everyone,[32] Maqboule Omar Ibn Hanzalah[33] and the narration of the necessity of following the greatest number[34] are other narrative reasons cited by this group of jurists.[35]

Conditional Validity

In contrast to the two views of validity or non-validity of majority rule, Abdullah Javadi Amoli, one of the contemporary jurists and commentators, believes in the conditional validity of majority rule by distinguishing between establishing the right and recognizing the right. According to him, in the Islamic view, the truth originates from God Almighty, and only the word of God is the reference for determining it; for this reason, following the majority in the sense of adopting their moral beliefs and values has been condemned.[36] According to Javadi Amoli, the majority can only be used as a method and rule of decision-making to resolve social conflicts and be effective in recognizing the right, not establishing the right. With this explanation, divine revelation explains and establishes the right, and in the position of implementing the right, when it is difficult to recognize the right and experts disagree with each other, the majority vote will be the criterion.[37]

Seyed Mohammad Sadiq Rouhani, one of the contemporary jurists, also considers the validity of majority rule to be conditional on the ruler's lack of knowledge about the right and wrong of some governmental affairs. According to him, majority rule in the election of the Islamic ruler is by no means valid[38] and the law must also be approved through the Sharia and the process of ijtihad[39] and only where there is no Sharia ruling about public affairs and social and political issues, and the Islamic ruler also has no knowledge of its right or wrong, he must act according to the decision of the majority of experts, and he considers this method to be in accordance with the practice of the wise, which Islam has also confirmed.[40]

Separation of the Views of Supporters and Opponents Based on Differences in Basis

According to Masoud Emami, a researcher of religious issues, by carefully examining the views of supporters and opponents of the validity of public opinion and majority rule in collective decision-making, it is concluded that the difference in their views is based on the difference in basis.[41] During several articles about the validity or non-validity of majority rule[42] By presenting several principles of "the right to self-determination," "discovery of truth," "religious legitimacy," "expediency," and "acceptability," he believes that majority rule is only valid based on the right to self-determination in all areas of collective decision-making; but based on other mentioned principles, it is invalid or its validity can be proved in a limited area.[43]

According to this view, the validity of majority rule based on the right to self-determination is considered equal to the existential freedom of human beings (including all optional actions in individual or collective form),[44] which means that the existential freedom of human beings in collective life is conditional on their acting on the obligatory duties of reason and Sharia; therefore, the establishment and preservation of any government, even the government of the Infallibles, without the will and consent of the people, will lack rational and religious legitimacy[45] and in other words, the consent of the people is one of the reasons for the legitimacy of the government. Now, if the free choice of individuals in collective life leads to conflict of desires and disruption of social order, there is a need for a solution that preserves the two desirable ideals of human beings, namely freedom of choice and social life, and at the time of conflict of these two ideals, due to the necessities of social life, we give up the primary principle of existential freedom for all human beings as much as that necessity, and by preferring the majority vote over the minority vote, only this minority is forced to comply with the laws or a government that they do not believe in, and less damage is done to the freedom of choice.[46]

He has considered the validity of majority rule based on the right to self-determination to be confirmed by numerous verses of the Quran,[47] because God considers the duty of the Prophet to be only to convey the message and seeks to deny any coercion of people to follow the truth and has entrusted the choice of the path of truth or falsehood to the will of the people.[48] In this view, the tradition of the Prophet (PBUH) and the Infallible Imams (AS) is also considered a clear reason for the validity of majority rule; because although they considered themselves chosen and appointed by God, they never imposed this view on the people and did not agree to rule over the people unless they were sure of the support of public consent and majority vote for their rule.[49]

Based on this view, the verses of the Quran that the opponents have cited for the non-validity of majority rule are related to the principle of discovering the truth, not the right to self-determination; which means that the Quran does not consider the majority of its addressees to be on the right in terms of belief, ethics, and behavior, and in the position of recognizing the truth, it considers their opinion to be invalid. Based on this, the verses of the Quran that condemn the majority do not undermine the validity of majority rule based on the right to self-determination, and the majority vote is superior to the minority vote regardless of whether it follows the right or the wrong.[50] Also, based on this view, the verses that emphasize the necessity of believers following God and His Messenger and prevent them from choosing another matter, are intended to express the duty of believers in the position of legislation. In other words, these verses deny the legislative freedom of believers in the face of God, while the validity of majority rule based on the right to self-determination is related to existential freedom, not legislative freedom.[51]

Study Resources

Template:Main In contemporary jurisprudential books, especially books that deal with the issues of governance in Islam and the issue of Wilayat Al-Faqih, sections are devoted to the issue of majority rule. One of the first works that documented the position of majority rule based on religious teachings is the book Tanbih Al-Ummah wa Tanzih Al-Milla by Mohammad Hossein Gharavi Naini. In the first volume of the book Studies in Wilayat Al-Faqih and Jurisprudence of the Islamic State written by Hossein Ali Montazeri, there are also references to this discussion.

Books and articles have also been written independently about the validity and position of majority rule in contemporary Shiite jurisprudence. Among these books, we can mention the book The Rational and Sharia Validity of Majority Vote written by Masoud Emami. Articles such as The Validity of Majority Vote in the Light of the Book and Sunnah written by Masoud Emami, The Validity and Position of Majority Vote in the Political System of Islam by Rouhollah Shakeri and Hossein Rajaei, The Position of Minority and Majority in Islamic Political Thought written by Abolfazl Mousavian, and The Validity of Majority Vote by Kazem Qazizadeh have also examined this issue from the perspective of Shiite jurisprudence.

Related Topics

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Footnotes

  1. ↑ Emami, “The Rational Validity of Majority Vote Based on the Right to Self-Determination,” p. 105
  2. ↑ Fooladvand, Wisdom in Politics, 1998, p. 363.
  3. ↑ Reni, Government, Introduction to Political Science, 1995, p. 138.
  4. ↑ Ayoubi, How the Majority Rules, 2000, p. 11.
  5. ↑ Alem, History of Western Political Philosophy, 1997, p. 12.
  6. ↑ Salehi, Democracy and the Validity of Majority Vote in Islam, 2005, p. 60.
  7. ↑ Emami, “The Rational Validity of Majority Vote Based on the Right to Self-Determination,” p. 105; Salehi, Democracy and the Validity of Majority Vote in Islam, 2005, pp. 63-64.
  8. ↑ Shakeri and Rajaei, “The Validity and Position of Majority Vote in the Political System of Islam,” p. 394; Moradi and Mousazadeh, “The Legitimacy of Republicanism in Islam,” p. 98.
  9. ↑ Dehkhoda, Dehkhoda Dictionary, under Vote and Majority; Amid, Amid Persian Dictionary, under Vote and Majority; Anvari, Great Dictionary of Speech, under the word Vote and Majority.
  10. ↑ Salehi, Democracy and the Validity of Majority Vote in Islam, 2005, p. 61.
  11. ↑ Khan-Mohammadi, “The Position of Majority Vote in the Quran with Emphasis on the Views of Ayatollah Mousavi Ardabili,” pp. 59-60.
  12. ↑ Makarem Shirazi, Al-Fatawa Al-Jadida, pp. 12-13.
  13. ↑ Fazel Lankarani, Jameh Al-Masael, pp. 276-277.
  14. ↑ Makarem Shirazi, Al-Fatawa Al-Jadida, p. 133.
  15. ↑ Montazeri, Studies in Wilayat Al-Faqih, vol. 1, pp. 551-571; Hosseini Haeri, Al-Marja’iya and Al-Qiyada, pp. 43-44.
  16. ↑ Hosseini Tehrani, Wilayat Al-Faqih in the Government of Islam, vol. 3, p. 183; Araki, Theory of Government in Islam, pp. 332-333.
  17. ↑ Naini, Tanbih Al-Ummah, pp. 115-117; Hosseini Shirazi, Al-Fiqh, Al-Qanun, p. 195.
  18. ↑ Emami, “The Rational Validity of Majority Vote Based on the Right to Self-Determination,” p. 106; Shakeri, and Rajaei, “The Validity and Position of Majority Vote in the Political System of Islam,” p. 399.
  19. ↑ Nouri, “Treatise on the Prohibition of the Constitution,” vol. 1, p. 106; Tabrizi, “Treatise on Kashf Al-Murad,” p. 132.
  20. ↑ Kharghani, “”, pp. 226 and 240; Hosseini Tehrani, Wilayat Al-Faqih in the Islamic Government, 2000, vol. 3, pp. 190-192.
  21. ↑ Allameh Tabatabai, Al-Mizan, 1970, vol. 4, p. 103; Makarem Shirazi, Tafsir Nemooneh, 1992, vol. 14, p. 281; Mousavi Khalkhali, Al-Hakimiya in Islam, 2004, p. 111; Hosseini Tehrani, Wilayat Al-Faqih in the Islamic Government, 1997, vol. 3, pp. 183-184; Mesbah Yazdi, Political Theory of Islam, 2012, p. 282.
  22. ↑ Barghi, Al-Mahasen, 1992, vol. 2, p. 601.
  23. ↑ Nahj al-Balagha, Short Saying 321, p. 531.
  24. ↑ Moradi and Mousazadeh, “The Legitimacy of Republicanism in Islam,” p. 103.
  25. ↑ Imam Khomeini, Sahifa Imam, 2006, vol. 20, p. 459; Montazeri, Religious Government and Human Rights, 2008, pp. 37-38.
  26. ↑ Naini, Tanbih Al-Ummah, 2003, p. 115.
  27. ↑ Montazeri, Studies in Wilayat Al-Faqih, 1988, vol. 1, p. 554; vol. 1, p. 564.
  28. ↑ Dehkharkhani, “Treatise on Explaining the Purpose,” p. 667.
  29. ↑ Naini, Tanbih Al-Ummah, 2003, pp. 116-117; Montazeri, Studies in Wilayat Al-Faqih, 1988, vol. 1, pp. 553-554; Firhi, Jurisprudence and Politics in Contemporary Iran, 2011.
  30. ↑ Tawba, 71.
  31. ↑ Marefat, Civil Society, 1999, pp. 73-75; Salehi Najafabadi, Wilayat Al-Faqih, the Government of the Righteous, 2001, p. 278; Ardabili, Along with the Revolution, 2006, pp. 464-465.
  32. ↑ Ibn Shahr Ashob, Manaqib, 1959, vol. 1, p. 225; Emami, “The Validity of Majority Vote in the Light of the Book and Sunnah,” pp. 71-73.
  33. ↑ Kulayni, Al-Kafi, 2008, vol. 1, pp. 168-171.
  34. ↑ Nahj al-Balagha, Sermon 127, p. 184.
  35. ↑ Moradi and Mousazadeh, “The Legitimacy of Republicanism in Islam,” p. 108; Shakeri and Rajaei, “The Validity and Position of Majority Vote in the Political System of Islam,” p. 400.
  36. ↑ Javadi Amoli, Wilayat Al-Faqih, 2000, p. 90.
  37. ↑ Javadi Amoli, Wilayat Al-Faqih, 2000, p. 92.
  38. ↑ Rouhani, The System of Government in Islam, 1978, pp. 28-31.
  39. ↑ Rouhani, The System of Government in Islam, 1978, pp. 69-70.
  40. ↑ Rouhani, The System of Government in Islam, 1978, pp. 70-72.
  41. ↑ Emami, “The Validity of Majority Vote Based on the Discovery of Truth and Other Principles,” p. 74.
  42. ↑ The Validity of Majority Vote Based on the Right to Self-Determination in the Journal of Jurisprudence 72; The Validity of Majority Vote in the Light of the Book and Sunnah in the Journal of Jurisprudence 77; The Validity of Majority Vote Based on the Discovery of Truth and Other Principles in the Journal of Jurisprudence 75.
  43. ↑ Emami, “The Validity of Majority Vote Based on the Discovery of Truth and Other Principles,” p. 73.
  44. ↑ Emami, “The Validity of Majority Vote Based on the Right to Self-Determination.”
  45. ↑ Emami, The Validity of Majority Vote in the Light of the Book and Sunnah,” p. 54.
  46. ↑ Emami, “The Validity of Majority Vote Based on the Right to Self-Determination.”
  47. ↑ Al-Imran, 20; Al-Ma'idah, 92 and 99; Al-Ra'd, 40; Al-Shura, 48; Al-Nahl, 35 and 82; Al-Nur, 54; Al-Ankabut, 18; Al-Yasin, 17; Al-Taghabun, 12.
  48. ↑ Emami, The Validity of Majority Vote in the Light of the Book and Sunnah,” pp. 54-56.
  49. ↑ Emami, The Validity of Majority Vote in the Light of the Book and Sunnah,” p. 62.
  50. ↑ Emami, The Validity of Majority Vote in the Light of the Book and Sunnah,” p. 58.
  51. ↑ Emami, The Validity of Majority Vote in the Light of the Book and Sunnah,” p. 60.

Resources

Template:Resources

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