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Majority vote

From Encyclopedia of Contemporary Jurisprudence
  • Abstract

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

Shia jurists have presented several views regarding the validity or invalidity of the majority vote and whether it is binding on everyone. Absolute invalidity, absolute validity, and conditional validity of the majority vote are the viewpoints that Shia jurists have adopted on this matter, and each theorist has substantiated their view by citing rational arguments, verses, and narrations. According to Masoud Emami, a researcher in political jurisprudence, the difference in views regarding the legitimacy or illegitimacy of the majority vote is due to a difference in its foundational basis.

Explanation of the Issue and Its Position

Resorting to public opinion and preferring the majority vote in collective decision-making has become a global value today;[1] to the extent that many political systems in the world use 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 organized according to the principles of popular sovereignty, political equality, consultation with all people, and majority rule.[3] Democracy is usually depicted as synonymous with the rule of the majority of the people.[4] In other words, the source of power and the enactment of laws in democratic governments is the vote of the majority of the people.[5] Furthermore, the acceptance of democratic governance in Islamic religious societies has further increased the importance of the issue of the majority vote.[6]

In many countries, the selection of the type of government, the constitution, government executive officials, members of parliament, etc., as well as the process of legislation and decision-making, are based on the majority vote.[7] The majority vote, alongside items such as political participation, separation of powers (distribution of power), and public oversight of the performance of government officials, is considered one of the most important elements of a republican system or democratic system.[8]

Conceptualization

Majority vote (in English: Majority vote and in Arabic: أغلبية الأصوات) is defined as the opinion, view, thought, idea, belief, and deliberation of most individuals in a group, organization, institution, or the people of a country who share common characteristics in terms of language, religion, race, etc.[9] The terms majority and minority refer to the quantity and number of groups without considering their quality. In Islamic teachings, the term minority has been used to refer to the People of the Book as opposed to the Muslim majority; but today, these two terms 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. However, it is usually difficult to obtain an absolute majority, for which reason scholars have introduced the term relative majority, which means the largest unit of a group, regardless of whether it is more than half or not.[10]

Position in Contemporary Jurisprudence

The management of society based on the people's vote and considering the opinion of the majority in the administration of public affairs are among the emergent 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 phenomena into the Islamic world has usually been met with positive or negative reactions from religious thinkers, especially Shia and Sunni jurists. Concepts and phenomena such as freedom, equality, elections, separation of powers, human rights, and including the majority vote, are considered among these challenging topics in the contemporary era.

The issue of the majority vote has been examined in jurisprudential books under chapters such as ijtihad and taqlid,[12] partnership contract,[13] judiciary,[14] and discussions related to elections or the selection of a ruler,[15] determining the Wali al-Faqih,[16] and in the process of legislation.[17]

Examining religious teachings regarding resorting to public opinion and preferring the majority vote is a serious concern among contemporary jurists today, and numerous studies have been conducted in this field. By examining the views of contemporary jurists regarding the validity or invalidity of the majority vote in the administration of public affairs, as well as the formulation of general and specific laws and regulations, three viewpoints can be extracted: absolute invalidity of the majority vote, absolute validity of the majority vote, and conditional validity of the majority vote based on different foundations.[18]

Shia Jurisprudence

The legitimacy of the position of the people and the majority vote in shaping political systems in the Islamic world, formulating laws, and selecting the ruler of the Islamic society, as well as the binding nature of the majority vote on everyone, has been a point of contention among Shia jurists. Absolute invalidity, absolute validity, and conditional validity of the majority vote are the viewpoints that Shia jurists have adopted on this matter. Each of the theorists has substantiated their view by citing rational arguments, verses, and narrations.

Invalidity

Template:Main Jurists who believe in the invalidity of the majority vote maintain that only the government, law, and ruler designated by the Lawgiver are legitimate, and they consider taking the majority vote as a religious innovation (*bid'ah*).[19] According to this group of theorists, giving precedence 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, without a reason, is contrary to the judgment of reason.[20] Believers of this view have cited several categories of Quranic verses that condemn the majority to reject the position of the majority vote in the political system of Islam.[21] Citing some narrations indicating that the Infallibles (a) were not obligated to act according to consultation with others[22] and even sometimes acted contrary to the opinion of their advisors,[23] are other reasons cited by those who believe in the invalidity of the majority vote in governmental matters.[24]

Validity

Template:Main Jurists who believe in the validity of the majority vote 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 dependent on the consent and vote of the majority.[25] Citing the jurisprudential principle of "adopting preferences in case of conflict,"[26] the principle of the ugliness of preferring the inferior over the superior (the ugliness of preferring the minority over the majority),[27] and the majority vote as a means to achieve the people's interest[28] are the most important rational arguments cited by this group of thinkers. By linking the majority vote with the concept of Shura (consultation), whose legitimacy is established by the text of the Quran,[29] and also by resorting to the practice of the Prophet of Islam (s) and Imam Ali (a), they believe that in case of a difference of opinion in public affairs, and assuming the equal legitimacy of the parties, one must rely on the majority vote out of the necessity of preserving the system, and the religious reason for the obligation to follow the majority vote is the same evidence that refers to the obligation to preserve the system.[30]

This group of thinkers, to prove the legitimacy of the majority vote, have cited verses from the Quran, including those referring to the concept of Shura, such as verse 159 of Surah Al-Imran and verse 38 of Surah ash-Shura, as well as verses referring to the guardianship of believers over one another.[31][32] Citing narrations from Imam Ali (a) who made the actualization of his guardianship over the people conditional on their consent and acceptance,[33] the accepted narration of 'Umar ibn Hanzalah,[34] and the narration on the necessity of following the great majority (*al-sawad al-a'zam*)[35] are other textual proofs cited by this group of jurists.[36]

Conditional Validity

In contrast to the two views on the validity or invalidity of the majority vote, Abdollah Javadi-Amoli, a contemporary jurist and exegete, believes in the conditional validity of the majority vote by distinguishing between the establishment of right and the discernment of right. According to him, in the Islamic perspective, truth originates from God Almighty, and only the divine word is the reference for determining it; for this reason, following the majority in the sense of adopting their beliefs and moral values has been condemned.[37] According to Javadi-Amoli, the majority can only be used as a method and a decision-making rule for resolving social conflicts and can be effective in discerning the right, not in establishing the right. He explains that divine revelation explains and establishes the right, and in the implementation of the right, when discerning the right is difficult and experts disagree, the majority vote will be the criterion.[38]

Sayyid Mohammad Sadeq Rouhani, a contemporary jurist, also makes the validity of the majority vote conditional on the ruler's lack of knowledge regarding the goodness or corruption of some governmental affairs. In his view, the majority vote is by no means valid in electing the Islamic ruler[39] and the law must also be approved through the Lawgiver and the process of ijtihad.[40] Only where there is no religious ruling on public affairs and social and political issues, and the Islamic ruler has no knowledge of their goodness or corruption, should he 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 (*sirat al-'uqala*), which Islam has also confirmed.[41]

Differentiating Views of Proponents and Opponents Based on Foundational Differences

According to Masoud Emami, a researcher of religious issues, by carefully examining the views of the proponents and opponents of the validity of public opinion and the majority vote in collective decision-making, it is concluded that the difference in their views has varied based on the difference in their foundations.[42] In several articles on the validity or invalidity of the majority vote,[43] by proposing several foundations such as "the right to self-determination," "the discovery of truth," "religious legitimacy," "expediency," and "acceptability," he believes that the majority vote is valid in all areas of collective decision-making only based on the right to self-determination; but on the basis of the other mentioned foundations, it is invalid or its validity can be proven in a limited scope.[44]

According to this view, the validity of the majority vote based on the right to self-determination is considered equivalent to human's existential freedom (including all voluntary actions individually or collectively).[45] This means that the existential freedom of human beings in collective life is conditional on their acting upon the obligatory duties of reason and religion; therefore, the establishment and preservation of any government, even the government of the Infallibles, without the will and consent of the people, lacks rational and religious legitimacy,[46] and in other words, the consent of the people is one of the causes of the legitimacy of the government. Now, if the right of individuals to choose freely in collective life leads to a conflict of desires and the disruption of social order, a solution is needed to preserve both desirable human ideals, namely freedom of choice and social life, together. In times of conflict between these two ideals, due to the necessities of social life, we should abandon the primary principle of existential freedom for all human beings to the extent of that necessity, and by preferring the majority vote over the minority, only this minority is forced to comply with laws or a government they do not believe in, and less harm is done to the freedom of choice.[47]

He considers the validity of the majority vote based on the right to self-determination to be confirmed by numerous verses of the Quran,[48] because God considers the Prophet's duty to be only the delivery of the message and seeks to negate any compulsion of people to follow the truth, and has left the choice of the path of truth or falsehood to the will of the people.[49] In this view, the tradition of the Prophet (s) and the Infallible Imams (a) is also considered a clear proof of the validity of the majority vote; because although they considered themselves chosen and appointed by God, they never imposed this view on the people and did not consent to rule over the people unless they were assured of the backing of public consent and the majority vote for their government.[50]

Based on this view, the verses of the Quran that opponents have cited for the invalidity of the majority vote are related to the foundation of the discovery of truth, not the right to self-determination. This means that the Quran does not consider the majority of the society it addresses to be right in terms of belief, morality, and behavior, and in discerning the truth, it considers their vote to be invalid. Based on this, the verses of the Quran that condemn the majority do not undermine the validity of the majority vote based on the right to self-determination, and the majority vote, regardless of whether it follows truth or falsehood, takes precedence over the minority vote.[51] Also, based on this view, the verses that emphasize the necessity for believers to follow God and His Messenger and forbid them from choosing another matter are seen as stating the duty of believers in the realm of legislation. In other words, these verses negate the legislative freedom of believers before God, whereas the validity of the majority vote based on the right to self-determination is related to existential freedom, not legislative freedom.[52]

Study Resources

Template:Main In contemporary jurisprudential books, especially those that deal with issues of governance in Islam and the issue of Wilayat al-Faqih, sections have been dedicated to the issue of the majority vote. One of the first works that has substantiated the position of the majority vote based on religious teachings is the book Tanbih al-Ummah wa Tanzih al-Millah by Mohammad-Hossein Gharavi Na'ini. In the first volume of the book Dirasat fi Wilayat al-Faqih wa Fiqh al-Dawlah al-Islamiyyah by Hussein-Ali Montazeri, there are also references to this discussion.

Regarding the validity and position of the majority vote in contemporary Shia jurisprudence, books and articles have also been written independently. Among these books is The Rational and Religious Validity of the Majority Vote by Masoud Emami. Articles such as "The Validity of the Majority Vote in Light of the Book and the Sunnah" by Masoud Emami, "The Validity and Position of the Majority Vote in the Political System of Islam" by Ruhollah Shakeri and Hossein Rajaei, "The Position of Minority and Majority in Islamic Political Thought" by Abolfazl Mousavian, and "The Validity of the Majority Vote" by Kazem Qazizadeh have also examined this issue from the perspective of Shia jurisprudence.

See Also

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Footnotes

  1. ↑ Emami, "The Rational Validity of the Majority Vote based on the Right to Self-Determination," p. 105
  2. ↑ Fouladvand, *Kherad dar Siyasat*, 1998, p. 363.
  3. ↑ Ranney, *Hukumat, Ashna'i ba 'Elm-e Siyasat*, 1995, p. 138.
  4. ↑ Ayoubi, *Aksariyat Cheguneh Hukumat Mikonad*, 2000, p. 11.
  5. ↑ Alam, *Tarikh-e Falsafeh-ye Siyasi-ye Gharb*, 1997, p. 12.
  6. ↑ Salehi, *Demokrasi va E'tebar-e Ra'y-e Aksariyat dar Islam*, 2005, p. 60.
  7. ↑ Emami, "The Rational Validity of the Majority Vote based on the Right to Self-Determination," p. 105; Salehi, *Demokrasi va E'tebar-e Ra'y-e Aksariyat dar Islam*, 2005, pp. 63-64.
  8. ↑ Shakeri and Rajaei, "The Validity and Position of the Majority Vote in the Political System of Islam," p. 394; Moradi and Mousazadeh, "The Legitimacy of Republicanism in Islam," p. 98.
  9. ↑ Dehkhoda, *Loghatnameh-ye Dehkhoda*, under "Ra'y" and "Aksariyat"; Amid, *Farhang-e Farsi-ye Amid*, under "Ra'y" and "Aksariyat"; Anvari, *Farhang-e Bozorg-e Sokhan*, under the words "Ra'y" and "Aksariyat".
  10. ↑ Salehi, *Demokrasi va E'tebar-e Ra'y-e Aksariyat dar Islam*, 2005, p. 61.
  11. ↑ Khanmohammadi, "The Position of the Majority Vote in the Quran with Emphasis on the Views of Ayatollah Mousavi Ardebili," pp. 59-60.
  12. ↑ Makarem Shirazi, *Al-Fatawa al-Jadida*, pp. 12-13.
  13. ↑ Fazel Lankarani, *Jami' al-Masa'il*, pp. 276-277.
  14. ↑ Makarem Shirazi, *Al-Fatawa al-Jadida*, p. 133.
  15. ↑ Montazeri, *Dirasat fi Wilayat al-Faqih*, vol. 1, pp. 551-571; Husseini Ha'eri, *Al-Marja'iyya wa al-Qiyada*, pp. 43-44.
  16. ↑ Hosseini Tehrani, *Wilayat al-Faqih fi Hukumat al-Islam*, vol. 3, p. 183; Araki, *Nazariyyat al-Hukm fi al-Islam*, pp. 332-333.
  17. ↑ Na'ini, *Tanbih al-Ummah*, pp. 115-117; Hosseini Shirazi, *Al-Fiqh, al-Qanun*, p. 195.
  18. ↑ Emami, "The Rational Validity of the Majority Vote based on the Right to Self-Determination," p. 106; Shakeri and Rajaei, "The Validity and Position of the Majority Vote in the Political System of Islam," p. 399.
  19. ↑ Nouri, "Risalat Hurmat-i Mashrutah," vol. 1, p. 106; Tabrizi, "Risalat Kashf al-Murad," p. 132.
  20. ↑ Kharqani, "", pp. 226, 240; Hosseini Tehrani, *Wilayat al-Faqih fi Hukumat-i Islami*, 1421 AH, vol. 3, pp. 190-192.
  21. ↑ Allamah Tabataba'i, *Al-Mizan*, 1390 AH, vol. 4, p. 103; Makarem Shirazi, *Tafsir-e Nemuneh*, 1992, vol. 14, p. 281; Mousavi Khalkhali, *Al-Hakimiyyah fi al-Islam*, 1425 AH, p. 111; Hosseini Tehrani, *Wilayat al-Faqih fi Hukumat al-Islamiyyah*, 1418 AH, vol. 3, pp. 183-184; Mesbah Yazdi, *Nazariyeh-ye Siyasi-ye Islam*, 2012, p. 282.
  22. ↑ Barqi, *Al-Mahasin*, 1371 AH, vol. 2, p. 601.
  23. ↑ Nahj al-Balaghah, saying 321, p. 531.
  24. ↑ Moradi and Mousazadeh, "The Legitimacy of Republicanism in Islam," p. 103.
  25. ↑ Imam Khomeini, *Sahifeh-ye Imam*, 2006, vol. 20, p. 459; Montazeri, *Hukumat-i Dini va Huquq-i Insan*, 1429 AH, pp. 37-38.
  26. ↑ Na'ini, *Tanbih al-Ummah*, 2003, p. 115.
  27. ↑ Montazeri, *Dirasat fi Wilayat al-Faqih*, 1409 AH, vol. 1, p. 554; vol. 1, p. 564.
  28. ↑ Dehkhwareqani, "Risalat Tawdih al-Maram," p. 667.
  29. ↑ Na'ini, *Tanbih al-Ummah*, 2003, p. 116.
  30. ↑ Na'ini, *Tanbih al-Ummah*, 2003, pp. 116-117; Montazeri, *Dirasat fi Wilayat al-Faqih*, 1409 AH, vol. 1, pp. 553-554; Firahi, *Fiqh va Siyasat dar Iran-e Mo'aser*, 2011.
  31. ↑ Quran 9:71.
  32. ↑ Ma'refat, *Jame'eh-ye Madani*, 1999, pp. 73-75; Salehi Najafabadi, *Wilayat-e Faqih, Hukumat-e Salehan*, 2001, p. 278; Ardebili, *Hampay-e Enqelab*, 2006, pp. 464-465.
  33. ↑ Ibn Shahr Ashub, *Manaqib*, 1379 AH, vol. 1, p. 225; Emami, "The Validity of the Majority Vote in Light of the Book and the Sunnah," pp. 71-73.
  34. ↑ Kulayni, *Al-Kafi*, 1429 AH, vol. 1, pp. 168-171.
  35. ↑ Nahj al-Balaghah, sermon 127, p. 184.
  36. ↑ Moradi and Mousazadeh, "The Legitimacy of Republicanism in Islam," p. 108; Shakeri and Rajaei, "The Validity and Position of the Majority Vote in the Political System of Islam," p. 400.
  37. ↑ Javadi-Amoli, *Wilayat-e Faqih*, 2000, p. 90.
  38. ↑ Javadi-Amoli, *Wilayat-e Faqih*, 2000, p. 92.
  39. ↑ Rouhani, *Nizam-e Hukumat dar Islam*, 1978, pp. 28-31.
  40. ↑ Rouhani, *Nizam-e Hukumat dar Islam*, 1978, pp. 69-70.
  41. ↑ Rouhani, *Nizam-e Hukumat dar Islam*, 1978, pp. 70-72.
  42. ↑ Emami, "The Validity of the Majority Vote based on the Discovery of Truth and Other Foundations," p. 74.
  43. ↑ ["The Validity of the Majority Vote based on the Right to Self-Determination"](https://jf.isca.ac.ir/article_3008.html) in Fiqh Journal 72; ["The Validity of the Majority Vote in Light of the Book and the Sunnah"](http://jf.isca.ac.ir/article_178_5ac91f57ec3e90ffe7ef6eca3bec1041.pdf) in Fiqh Journal 77; ["The Validity of the Majority Vote based on the Discovery of Truth and Other Foundations"](https://jf.isca.ac.ir/article_2981_9e52e886c4529a1797a033ab76905d27.pdf) in Fiqh Journal 75.
  44. ↑ Emami, "The Validity of the Majority Vote based on the Discovery of Truth and Other Foundations," p. 73.
  45. ↑ Emami, "The Rational Validity of the Majority Vote based on the Right to Self-Determination."
  46. ↑ Emami, "The Validity of the Majority Vote in Light of the Book and the Sunnah," p. 54.
  47. ↑ Emami, "The Rational Validity of the Majority Vote based on the Right to Self-Determination."
  48. ↑ Quran 3:20; 5:92, 99; 13:40; 42:48; 16:35, 82; 24:54; 29:18; 36:17; 64:12.
  49. ↑ Emami, "The Validity of the Majority Vote in Light of the Book and the Sunnah," pp. 54-56.
  50. ↑ Emami, "The Validity of the Majority Vote in Light of the Book and the Sunnah," p. 62.
  51. ↑ Emami, "The Validity of the Majority Vote in Light of the Book and the Sunnah," p. 58.
  52. ↑ Emami, "The Validity of the Majority Vote in Light of the Book and the Sunnah," p. 60.

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