The Theory of the Elected Islamic State

  • Abstract

The Theory of the Elected Islamic State is the title of a broad theory concerning the nature of the state in the era of occultation within Shia political jurisprudence. This theory has been derived from the views of Sayyid Muhammad Baqir al-Sadr, Muhammad Jawad Mughniyyah, Muhammad Mahdi Shams al-Din, and Mehdi Ha'iri Yazdi, and stands in contrast to theories of appointed wilayat al-faqih and to views that deny the legitimacy of government in the era of occultation. By accepting the necessity of forming a government during the era of occultation, the Elected Islamic State regards the source of its legitimacy as a combination of divine will and popular will, and entrusts political sovereignty to the people, without granting jurists any privilege or special political guardianship.

In this theory, the condition for a state being Islamic is not that its ruler be a jurist, but rather the government's commitment to implementing Sharia rulings and realizing the goals of religion. The relationship between the people and the government is organized not on the basis of guardianship, but on the basis of agency or the exercise of the collective sovereignty of the ummah; hence, the desirable Islamic state within this framework is a consultative state based on public vote which, while making use of collective reason and human experience, considers itself bound by the fixed Sharia rulings and the public interest.

By accepting universal values such as the legal equality of citizens, political and social freedoms (within the framework of Sharia), the rule of law, and the accountability of rulers, the Elected Islamic State seeks to create compatibility between Sharia and democracy. This theory is an attempt to present a model of an Islamic state that is both faithful to religion and recognizes the central role of the people in the legitimacy and administration of government.

Brief Introduction

The Elected Islamic State is the title of a broad theory that the book Theories of the State in Shia Jurisprudence uses to refer to the views of three Iraqi and Lebanese thinkers on how the state is formed in Shia jurisprudence.[1] The principles of this theory have been derived from the collective views of Sayyid Muhammad Baqir al-Sadr, Muhammad Jawad Mughniyyah, and Muhammad Mahdi Shams al-Din.[2] The theory of the Elected Islamic State also has many affinities with the theory of the agency of joint personal owners, formulated by Mehdi Ha'iri Yazdi;[3] for this reason, the title of the Elected Islamic State has also been used to refer to the theory of the agency of joint personal owners.[4]

The views of Sayyid Muhammad Kazem Shariatmadari, a source of emulation, at the time of the ratification of the Constitution of the Islamic Republic of Iran, have also been classified under this theory.[5] Allamah Tabataba'i likewise considers the matter of Islamic government in the era of occultation to be the responsibility of Muslims, who must select the ruler in light of Quranic criteria, and the ruler, in turn, must decide and act in consultation with the Muslims.[6] He grants no special right to any group, including the jurists, in the selection of the ruler and the government, and makes no mention of the appointment of a wali-ye faqih;[7] for this reason, his theory too may be placed under the Elected Islamic State.

Among the most important features of the theory of the Elected Islamic State is its emphasis on the necessity of forming a government in the era of occultation and the complete entrustment of sovereignty to the people; for this reason, unlike the theories of wilayat al-faqih, it grants no special right to jurists;[8] just as, regarding the type of relationship between sovereignty and the people, the theory of the agency of joint personal owners transforms it from a relationship of guardianship into a relationship of agency, and gives the people the essential role.[9] It has also been said of these theories that they seek to create compatibility between the Islamic state and the models of democratic systems.[10]

The formation of the theory of the Elected Islamic State has been attributed to the political-social developments of the last few decades of the twentieth century, and especially to the victory of the Islamic Revolution of Iran. Accordingly, it has been said that the confrontation of Islamic countries with waves of demand for democracy, and the non-acceptance of secularist and non-Islamic ideologies in Islamic countries, provided the grounds within the Islamic world for the presentation of models of democracy suited to the internal conditions of Islamic countries. The theory of the Elected Islamic State has also been counted among the theories proposed under these very conditions, and it is mostly regarded as a reaction to the proposal of theories of wilayat al-faqih in the Islamic Republic of Iran.[11]

Rival and Aligned Theories

The theory of the Elected Islamic State bears similarities to two other theories concerning the nature of the state in Shia political jurisprudence. The theory of the people's khilafat under the supervision of the marja'iyyat, the final theory of Sayyid Muhammad Baqir al-Sadr on the nature of the state,[12] and the theory of restricted elective wilayat al-faqih, which was proposed by certain jurists influential in the victory of the Islamic Revolution of Iran, including Hussein-Ali Montazeri,[13] Morteza Motahhari,[14] and Ne'matollah Salehi Najafabadi[15] — these two theories bear alignments with the theory of the Elected Islamic State on account of their emphasis on the role of the people in determining the type of government and ruler, their depiction of a divine-popular source for sovereignty, and their limited conception of the powers of the state.[16] Likewise, certain readings of the theories of appointed wilayat al-faqih, which grant the people a more active role and regard them as effective in legitimizing the ruler and the sovereignty, have affinities with the theory of the Elected Islamic State; as, in some of Imam Khomeini's statements, it is pointed out that only the ruling of the elected jurist is valid.[17]

By contrast, the theory of the Elected Islamic State was put forward in opposition to two other theories. First, theories that considered the formation of government in the time of occultation illegitimate and held that no specific duty had been outlined for believers in the public sphere, confining the intervention of jurists in this sphere to hisbiyyah affairs.[18] And second, the theories of appointed wilayat al-faqih, which, although like the theory of the Elected Islamic State they consider the formation of government in the era of occultation legitimate and necessary, entrust it solely to the fully qualified jurist and, in the end, confine the people's role to actualizing the guardianship and sovereignty for the jurist and to following the ruling jurist.[19]

Explanation of the Theory

The theory of the Elected Islamic State has pillars, foundations, and principles that distinguish its boundaries from other views on the nature of the state in Shia thought. In this theory, differing views have been presented regarding the source of the legitimacy of the Islamic state, the form of the state, and the manner of the relationship between religion and the state.

The Source of the Legitimacy of the Islamic State

The theory of the Elected Islamic State holds a dual divine-popular legitimacy for the state. Accordingly, it has been said that an Islamic state based on unmediated divine legitimacy and specific appointment is realizable only during the presence of the Infallibles (peace be upon them), and that in the era of occultation, the management of the political affairs of society has been entrusted to the people.[20] On the other hand, this theory also emphasizes the necessity of observing the fixed Sharia rulings and acting upon the variable rulings on the basis of the interests of citizens; therefore, according to this theory, legislation on the basis of Islamic Sharia is possible, and everyday matters must conform to Sharia rulings. The theorists of this theory believe that the condition for a state being Islamic is secured solely through the sovereignty and implementation of Sharia rulings and the pursuit of the goals of religion, and not that the Islamic ruler must necessarily be a jurist as well.[21] For this reason, this theory emphasizes that jurists, by virtue of their juristic qualification, hold no political privilege over other people and lack religious guardianship in the management of political affairs, and that their duty is confined to deriving Sharia rulings, adjudicating disputes, and calling [people] to what is good.[22]

The Form of the State

The theory of the Elected Islamic State regards the Islamic state as a consultative state according to which the determination of the political destiny of society takes place by recourse to public opinion and on the basis of the interests of society.[23] According to the theorists of this theory, the people organize their social affairs on the basis of the interests of time and place. However, in their view, in the management of political affairs by the people, no decisions should be taken that are incompatible with the fixed divine rulings and the interests of Islam and Muslims. To this end, it has been said that, in order to adapt laws and everyday matters to the fixed Sharia rulings, the principle of ijtihad must also be employed.[24]

Acceptance of Human Values

Since the originators of this theory regard the management of society's affairs and of politics as a rational matter, they place great emphasis on benefiting from human experience. Political and social freedoms, on condition of their not conflicting with the fixed Sharia rulings; the political and legal equality of human beings; the equality of all before the law; the principle of the accountability of rulers; the rule of law; and the negation of special rights for men, Muslims, Shias, and jurists in the public sphere are among the universal principles and values accepted by this theory.[25]

Theorists

The theory of the Elected Islamic State is a broad theory concerning the nature of the state in Shia jurisprudence, derived from the collective thought of several Iranian, Iraqi, and Lebanese Shia jurists. The thought of Muhammad Mahdi Shams al-Din, Mehdi Ha'iri Yazdi, Muhammad Jawad Mughniyyah, and Sayyid Muhammad Baqir al-Sadr has been influential in the formulation of this theory.

The Guardianship of the Ummah (The Theory of Muhammad Mahdi Shams al-Din)

The theory of the guardianship of the ummah over itself, put forward by Shaykh Muhammad Mahdi Shams al-Din, the Lebanese Shia jurist, has, on account of its attempt to create harmony between democracy and Sharia, been regarded as one of the theories placed under the broad theory of the Elected Islamic State.[26] It has been said that, in proposing this theory, Shams al-Din pursued two objectives: 1) removing the perpetual conflict between democracy and Sharia, in that Sharia law must be able to adapt itself to the requirements of the time[27] and 2) raising the question of the state beyond the sectarian juristic and theological disputes among Muslims.[28]

After establishing the necessity of forming a government in Islamic teachings,[29] Shams al-Din regards the desirable form of government not as wilayi government (wilayat al-faqih), but as a government with the least possible degree of domination and influence, which too would be possible only within the theory of the guardianship of the ummah over itself.[30] The principal elements of the theory of the guardianship of the ummah over itself are: the ummah (the people), the amirate (the executive branch), the parliament, and the judiciary.[31]

Shams al-Din regards textually-designated guardianship as exclusive to the Infallibles in the era of [their] presence, and holds that this guardianship is not conditioned upon election; but in the era of occultation, guardianship will be transferred to the ummah, and they will exercise this right of theirs through democratic methods;[32] therefore, the jurist has the right to participate only insofar as he is a member of the ummah, and possesses no special right.[33] In his view, the state must be commensurate with the nature of the society from which it has sprung, must have faith in the reason of the people, and must make use of human experience.[34]

In order to explain the theory of the guardianship of the ummah, Shams al-Din, in addition to the traditional sources of Shia jurisprudence, holds to ijtihad in the zone of the vacuum on the basis of social realities and maqasid al-shari'ah.[35] Relying on numerous juristic and theological foundations such as the principle of no guardianship,[36] the flexibility of rulings related to non-devotional matters,[37] the distinction between legislative rulings and administrative rulings,[38] the customary nature of power,[39] and the necessity of shura,[40] he has organized the theory of the guardianship of the ummah.

Majid Moradi, a researcher in political jurisprudence, has attributed Shams al-Din's proposal of the theory of the guardianship of the ummah to his recognition of full rights for the citizens subject to a given state, without regard to sectarian, ethnic, and racial distinctions. In his view, this theory provides great capacity for religious democracy; for it disregards neither the element of the people nor the element of religion, and while it regards guardianship as belonging to the ummah, it preserves a kind of oversight, in the form of judicial guardianship, for the jurist.[41]

The Agency of Joint Personal Owners (The Theory of Mehdi Ha'iri Yazdi)

The second theory placed under the general title of the Elected Islamic State is the theory of the agency of joint personal owners, devised by Mehdi Ha'iri Yazdi.[42] Ha'iri, with a philosophical approach to politics and government, and of course making use of certain juristic and legal-theoretical teachings, sought a new explanation for the legitimacy of government in Islamic thought.[43] Critiquing the theological approach to the question of government, and while separating government from prophethood and imamat, he holds that the government of the Prophet of Islam (peace be upon him) and Imam Ali (peace be upon him) in early Islam had a popular origin, and for this reason critiques the theory of wilayat al-faqih and, like Shams al-Din, grants jurists no privilege in political affairs, entrusting the matter of government entirely to the people.[44]

The theory of the agency of joint personal owners is built upon three pillars: 1) the joint personal ownership of citizens over the sphere of politics, or in other words, the founding of the fundamental rights of the people upon the principle of ownership; 2) the agency of the state on behalf of citizens for conducting matters related to the sphere of public and political affairs; and 3) the exclusion of the subject of civil politics from the ambit of universal divine duties and rulings.[45]

Ha'iri, unlike many Shia jurists who link government to revelation and divine rulings,[46] regards government as a natural and empirical matter that has arisen from cooperation and coexistence among human beings. In his view, the relations between citizens and government are a rational and human matter that does not fall within the category of fixed divine rulings,[47] and the responsibility for the acts of government rests upon the citizens of society, who must, through effective participation in the affairs of society, prevent improper conduct on the part of their own government.[48]

Although Ha'iri regards the legitimacy of government as arising from the vote of the people, he nevertheless emphasizes the observance of the principles of Islamic Sharia in society; thus he recognizes the matter of human rights only to the extent that it does not conflict with Sharia rulings.[49]

Critique of the Absolute Wilayat al-Faqih (The Theory of Muhammad Jawad Mughniyyah)

Muhammad Jawad Mughniyyah is a Lebanese Shia jurist who, on the eve of the victory of the Islamic Revolution of Iran, in writing the book al-Khumayni wa al-Dawlah al-Islamiyyah, critiques the theory of Imam Khomeini in his book The Guardianship of the Jurist, which affirmed all the powers of the Infallible for the jurist. Mughniyyah's theory has been placed among the theories of the Elected Islamic State on account of his restricting the guardianship of jurists to the office of issuing fatwas, adjudication, and the administration of hisbiyyah affairs, his non-belief in political guardianship for jurists, and likewise his entrusting the selection of the head of state to the people.[50]

Mughniyyah regards society's need for government as a natural matter[51] whose headship, in the time of the presence of the Infallible (peace be upon him), will be the responsibility of the Imam,[52] and in the time of occultation, the determination of the head of state has been entrusted to the people. According to him, so long as the head of state governs on the basis of Sharia, obedience to him is obligatory upon all the people.[53]

Mughniyyah regards the purpose of forming government as preparing the ground for the implementation of Islamic rulings. In his view, the criterion for a government being Islamic is that Sharia serve as the basis for the implementation of rulings, and not that a jurist take charge of governing.[54] By restricting the sphere of the duties of jurists to issuing fatwas, adjudication, and the administration of hisbiyyah affairs, he places them on an equal footing with others in the matter of government, and for this reason believes there is no difference between jurists and the rest of the people in discerning and executing political affairs.[55]

Mughniyyah, like the other theorists of the Elected Islamic State, does not confine the duty of the state to the implementation of religious rulings, and believes that in many of the duties of the state no text has been transmitted from the Lawgiver, so that the decision in these matters has been entrusted to rational people, and human experience may be made use of — provided, of course, that it does not result in forbidding what is lawful or permitting what is forbidden.[56]

Consultative Government (The First Theory of Sayyid Muhammad Baqir al-Sadr)

According to researchers on the thought of Sayyid Muhammad Baqir al-Sadr, he initially outlined no specific form for the state in Islam and only critiqued certain theories on the nature of the state; but after a time, citing verses of the Quran, including the shura verses, he had come to the conclusion that the desirable form of the state in Islam is consultative government.[57] It has been said that he put forward this theory in the book al-Usus al-Islamiyyah.[58] According to Mohsen Kadivar, this first theory of Sayyid Muhammad Baqir al-Sadr on the form of the Islamic state tends toward the theory of the Elected Islamic State.[59]

Sadr builds his desired consultative government upon several foundations:

  • God has sent down a set of laws to order all the spheres of human life — spiritual, intellectual, and social (economic, political, and so on).[60]
  • The Islamic state must make these laws the source of its legislation, and the Islamicity of the government will consist in implementing these laws and administering society on their basis.[61]
  • The duties of the Islamic state consist of: 1) stating Sharia rulings; 2) laying down teachings, or laws, in accordance with Sharia rulings; 3) applying Sharia rulings to the ummah; and 4) adjudicating on the basis of fixed rulings and variable teachings.[62]
  • Islamic government and the state are divided into two methods, the divine and the consultative; the divine method is realizable only in the time of the presence of the Infallible (peace be upon him), and in the time of occultation, on the basis of the shura verse, one must proceed toward forming a government by the consultative method.[63]
  • Consultative government is the permissible form of government in the era of occultation, since no text has come down from the Infallible determining the form of government in this era.
  • The ummah determines for the government the boundary that has the greatest compatibility with the interest of Islam and Muslims.
  • The only necessary conditions for forming a consultative government are non-conflict with the fixed divine rulings and conformity with the interests of Muslims.[64]
  • Although the statement of the fixed Sharia rulings and adjudication are necessary requirements of the state, the ummah has no right to intervene in them, and these two duties lie within the authority of the fully qualified mujtahids.[65]

Sources for Further Study

Regarding the broad theory of the Elected Islamic State, in addition to the books of its theorists, a number of books and articles have been written, among the most important of which one may mention the book Theories of the State in Shia Jurisprudence by Mohsen Kadivar and the book The Elected Islamic State and Democracy: A Study of the Views of Shaykh Muhammad Mahdi Shams al-Din and Dr. Mehdi Ha'iri Yazdi by Ali-Akbar Kamali [Ardakani].

Footnotes

  1. ↑ Kadivar, Theories of the State in Shia Jurisprudence, p. 159.
  2. ↑ Kadivar, Theories of the State in Shia Jurisprudence, pp. 159-160.
  3. ↑ Marandi, "Three Theories on the Basis of the Legitimacy of the State...," pp. 16-19.
  4. ↑ Kamali Ardakani, The Elected Islamic State and Democracy (A Study of the Views of Shaykh Muhammad Shams al-Din and Dr. Mehdi Ha'iri Yazdi), pp. 157-203.
  5. ↑ Kamali Ardakani, The Elected Islamic State and Democracy, pp. 135-137.
  6. ↑ Allamah Tabataba'i, al-Mizan, vol. 4, pp. 124-125.
  7. ↑ Rakhshad, In the Presence of Allamah Tabataba'i, p. 186; Pourfard, "The Functions of the Political System of Islam in the Political Thought of Allamah Tabataba'i," pp. 133-135.
  8. ↑ Kamali Ardakani, The Elected Islamic State and Democracy, p. 14; Moradi, "A Critical Examination of the Foundations of the Political Theory of the Guardianship of the Ummah over Itself," p. 167; Khajeh Sarvi, "A Comparative Study of Religious Democracy in the Views of Ayatollah Khamenei and Ayatollah Shams al-Din," p. 33.
  9. ↑ Ha'iri Yazdi, Hikmat va Hukumat, pp. 106-108.
  10. ↑ Kamali Ardakani, The Elected Islamic State and Democracy, p. 14.
  11. ↑ Kamali Ardakani, The Elected Islamic State and Democracy, pp. 230-235.
  12. ↑ al-Sadr, Khilafat al-Insan, pp. 13-22.
  13. ↑ Montazeri, Dirasat fi Wilayat al-Faqih, vol. 1, pp. 405, 407, and 489.
  14. ↑ Motahhari, On the Islamic Republic, p. 80.
  15. ↑ Salehi Najafabadi, Wilayat-e Faqih, Wilayat-e Salehan, pp. 50-51.
  16. ↑ Kadivar, Wilayat-Based Government, p. 135.
  17. ↑ Imam Khomeini, Sahifeh-ye Noor, vol. 21, p. 129.
  18. ↑ Kamali Ardakani and Kadivar, "Democracy in the Views of Shaykh Muhammad Mahdi Shams al-Din and Dr. Mehdi Ha'iri Yazdi ...," p. 62.
  19. ↑ Marandi, "Three Theories on the Basis of the Legitimacy of the State...," pp. 14-15.
  20. ↑ Shams al-Din, Nizam al-Hukm wa al-Idarah, 1995, pp. 209 and 448; Mughniyyah, al-Khumayni wa al-Dawlah al-Islamiyyah, p. 59.
  21. ↑ Mughniyyah, al-Khumayni wa al-Dawlah al-Islamiyyah, p. 71.
  22. ↑ Mughniyyah, al-Khumayni wa al-Dawlah al-Islamiyyah, pp. 59-70.
  23. ↑ al-Husseini, al-Imam al-Shahid al-Sayyid Muhammad Baqir al-Sadr ..., p. 349.
  24. ↑ al-Husseini, al-Imam al-Shahid al-Sayyid Muhammad Baqir al-Sadr ..., pp. 350-354.
  25. ↑ Kadivar, Theories of the State in Shia Jurisprudence, pp. 173-174; Kamali Ardakani, The Elected Islamic State and Democracy, pp. 238-239; Marandi, "Three Juristic Theories on the Basis of the Legitimacy of the State...," p. 18; Kamali Ardakani and Kadivar, "Democracy in the Views of Shaykh Muhammad Mahdi Shams al-Din and Dr. Mehdi Ha'iri Yazdi...," p. 73.
  26. ↑ Kadivar, Theories of the State in Shia Jurisprudence, p. 174.
  27. ↑ Tabatabai-Far, "Shia Constitutionalism: A Theory for Discussion," p. 106.
  28. ↑ Kamali Ardakani, The Elected Islamic State and Democracy, p. 128.
  29. ↑ Shams al-Din, Fi al-Ijtima' al-Siyasi al-Islami, p. 74.
  30. ↑ Shams al-Din, Hiwar Hawl al-Shura wa al-Dimuqratiyyah, p. 23; Moradi, The Political Thought of Muhammad Mahdi Shams al-Din, p. 95.
  31. ↑ Moradi, The Political Thought of Muhammad Mahdi Shams al-Din, p. 117.
  32. ↑ Shams al-Din, Nizam al-Hukm wa al-Idarah, 1995, pp. 209 and 448.
  33. ↑ Moradi, "A Critical Examination of the Foundations of the Political Theory of the Guardianship of the Ummah over Itself," p. 167
  34. ↑ Tabatabai-Far, "Shia Constitutionalism: A Theory for Discussion," p. 107.
  35. ↑ Shams al-Din, al-Ijtihad wa al-Taqlid, pp. 108-113; Moradi, The Political Thought of Muhammad Mahdi Shams al-Din, pp. 79-82.
  36. ↑ Shams al-Din, Wilayat al-Ummah 'ala Nafsiha, p. 35; Moradi, "A Critical Examination of the Foundations of the Political Theory of the Guardianship of the Ummah over Itself," page 172.
  37. ↑ Shams al-Din, Fi al-Ijtima' al-Siyasi al-Islami, p. 97.
  38. ↑ Shams al-Din, Fi al-Ijtima' al-Siyasi al-Islami, p. 87.
  39. ↑ Moradi, The Political Thought of Muhammad Mahdi Shams al-Din, pp. 108-114.
  40. ↑ Shams al-Din, Lubnan al-Kiyan wa al-Ma'na, pp. 124-126: Moradi, The Political Thought of Muhammad Mahdi Shams al-Din, pp. 114-116.
  41. ↑ Moradi, The Political Thought of Muhammad Mahdi Shams al-Din, p. 14.
  42. ↑ Kadivar, Theories of the State in Shia Jurisprudence, p. 175; Kamali Ardakani, The Elected Islamic State and Democracy, pp. 157-203.
  43. ↑ Kamali Ardakani, The Elected Islamic State and Democracy, p. 162.
  44. ↑ Kamali Ardakani, The Elected Islamic State and Democracy, p. 202.
  45. ↑ Kadivar, Theories of the State in Shia Jurisprudence, pp. 175-186.
  46. ↑ Imam Khomeini, Kitab al-Bay', vol. 2, pp. 461-465; Montazeri, Dirasat fi Wilayat al-Faqih, vol. 1, p. 78.
  47. ↑ Ha'iri, Hikmat va Hukumat, pp. 64-65 and 80-81.
  48. ↑ Ha'iri, Hikmat va Hukumat, pp. 73-74.
  49. ↑ Kamali Ardakani, The Elected Islamic State and Democracy, p. 197.
  50. ↑ Kadivar, Theories of the State in Shia Jurisprudence, pp. 167-171.
  51. ↑ Mughniyyah, al-Khumayni wa al-Dawlah al-Islamiyyah, pp. 57-58.
  52. ↑ Mughniyyah, al-Khumayni wa al-Dawlah al-Islamiyyah, p. 59.
  53. ↑ Mughniyyah, al-Khumayni wa al-Dawlah al-Islamiyyah, pp. 66-68.
  54. ↑ Mughniyyah, al-Khumayni wa al-Dawlah al-Islamiyyah, p. 71.
  55. ↑ Mughniyyah, al-Khumayni wa al-Dawlah al-Islamiyyah, pp. 59-70.
  56. ↑ Mughniyyah, al-Khumayni wa al-Dawlah al-Islamiyyah, pp. 65-66.
  57. ↑ Ma'muri, The Political Theory of Martyr Sadr, p. 100.
  58. ↑ Fazeli, The Place of the People in the Political-Religious System in the Views of Ayatollah Na'ini and Martyr Sadr, p. 82.
  59. ↑ Kadivar, Theories of the State in Shia Jurisprudence, p. 159.
  60. ↑ al-Husseini, al-Imam al-Shahid al-Sayyid Muhammad Baqir al-Sadr ..., p. 337.
  61. ↑ al-Husseini, al-Imam al-Shahid al-Sayyid Muhammad Baqir al-Sadr ..., p. 343.
  62. ↑ al-Husseini, al-Imam al-Sayyid Muhammad Baqir al-Sadr ..., pp. 348-351.
  63. ↑ al-Husseini, al-Imam al-Shahid al-Sayyid Muhammad Baqir al-Sadr ..., p. 349.
  64. ↑ al-Husseini, al-Imam al-Shahid al-Sayyid Muhammad Baqir al-Sadr ..., pp. 350-354.
  65. ↑ al-Husseini, al-Imam al-Shahid al-Sayyid Muhammad Baqir al-Sadr ..., pp. 357-359.

List of Sources

  • Fayyaz, Ali, Nazariyyat al-Sultah fi al-Fikr al-Siyasi al-Shi'i al-Mu'asir, Markaz al-Hadarah li-Tanmiyat al-Fikr al-Islami, Beirut, Lebanon, 2008.
  • Fazeli, Mirza Hossein, The Place of the People in the Political-Religious System in the Views of Ayatollah Na'ini and Martyr Sadr, Qom, International Center for Translation and Publication of al-Mustafa, 1390 SH.
  • Ha'iri Yazdi, Mehdi, Hikmat va Hukumat, London, Shadi, 1995.
  • al-Husseini, Muhammad, al-Imam al-Shahid al-Sayyid Muhammad Baqir al-Sadr: Dirasah fi Sirihi wa Manhajihi, Beirut, Dar al-Farar, 1410 AH.
  • Imam Khomeini, Sayyid Ruhollah, Kitab al-Bay', Qom, Ismailian, n.d.
  • Imam Khomeini, Sayyid Ruhollah, Sahifeh-ye Noor, Tehran, Institute for the Compilation and Publication of Imam Khomeini's Works, 1366 SH.
  • Kadivar, Mohsen, Theories of the State in Shia Jurisprudence, Tehran, Ney, 1383 SH.
  • Kamali Ardakani, Ali-Akbar and Mohsen Kadivar, "Democracy in the Views of Shaykh Muhammad Mahdi Shams al-Din and Dr. Mehdi Ha'iri Yazdi and Its Comparison with the Model of Evolutionary Democracy (The Views of Rousseau and Mill)", Hasti va Shenakht Biannual Journal, no. 44, 1383 SH.
  • Kamali Ardakani, Ali-Akbar, The Elected Islamic State and Democracy: A Study of the Views of Shaykh Muhammad Mahdi Shams al-Din and Dr. Mehdi Ha'iri Yazdi, Tehran, Kavir, 1383 SH.
  • Khajeh Sarvi, Gholamreza, "A Comparative Study of Religious Democracy in the Views of Ayatollah Khamenei and Ayatollah Shams al-Din," Strategic Political Research Quarterly, year 5, no. 17, 1395 SH.
  • Ma'muri, Ali, The Political Theory of Martyr Sadr, Qom, Ishraq, 1379 SH.
  • Marandi, Seyyed Mohammad Reza, "Three Juristic Theories on the Basis of the Legitimacy of the State in Shia Political Jurisprudence", Contemporary Political Discourses Quarterly, no. 43, 1401 SH.
  • Montazeri, Hussein-Ali, Dirasat fi Wilayat al-Faqih wa Fiqh al-Dawlah al-Islamiyyah, Qom, al-Markaz al-'Alami lil-Dirasat, 1409 AH.
  • Moradi, Majid, "A Critical Examination of the Foundations of the Political Theory of the Guardianship of the Ummah over Itself", Political Science Quarterly, no. 81, 1397 SH.
  • Moradi, Majid, The Political Thought of Muhammad Mahdi Shams al-Din, Qom, Bustan-e Ketab, 1401 SH.
  • Motahhari, Morteza, On the Islamic Revolution, Tehran, Sadra, 1361 SH.
  • Mughniyyah, Muhammad Jawad, al-Khumayni wa al-Dawlah al-Islamiyyah, Beirut, Dar al-'Ilm lil-Malayin, 1358 SH.
  • Pourfard, Masoud, "The Functions of the Political System of Islam in the Political Thought of Allamah Tabataba'i", Qabasat Quarterly, no. , 1396 SH.
  • Rakhshad, Mohammad Hossein, In the Presence of Allamah Tabataba'i, Qom, Sama Qalam, 1386 SH.
  • Salehi Najafabadi, Ne'matollah, Wilayat-e Faqih, Wilayat-e Salehan, Tehran, Rasa, 1362 SH.
  • Shams al-Din, Muhammad Mahdi, Fi al-Ijtima' al-Siyasi al-Islami, Beirut, al-Mu'assasah al-Dawliyyah lil-Dirasat wa al-Nashr, 1999.
  • Shams al-Din, Muhammad Mahdi, "Hiwar Hawl al-Shura wa al-Dimuqratiyyah," Beirut, Manbar al-Hiwar Journal, no. 34, 1994.
  • Shams al-Din, Muhammad Mahdi, al-Ijtihad wa al-Tajdid fi al-Fiqh al-Islami, Beirut, al-Mu'assasah al-Dawliyyah lil-Dirasat wa al-Nashr, 1991.
  • Shams al-Din, Muhammad Mahdi, Lubnan al-Kiyan wa al-Ma'na, Beirut, Mu'assasat al-Imam Shams al-Din lil-Hiwar, 2005.
  • Shams al-Din, Muhammad Mahdi, Nizam al-Hukm wa al-Idarah fi al-Islam, Beirut, al-Mu'assasah al-Dawliyyah lil-Dirasat wa al-Nashr, 2000.
  • Shams al-Din, Muhammad Mahdi, Wilayat al-Ummah 'ala Nafsiha, Beirut, al-Mu'assasah al-Dawliyyah lil-Dirasat wa al-Nashr, 2019.
  • Tabataba'i, Sayyid Muhammad Hussein, al-Mizan fi Tafsir al-Qur'an, Beirut, Mu'assasat al-A'lami lil-Matbu'at, 1393 AH.
  • Tabatabai-Far, Seyyed Mohsen, "Shia Constitutionalism: A Theory for Discussion", Political Science Quarterly, no. 48, 1388 SH.