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GOVERNMENT AND JUSTICE:

by Murtdha Mutahari



The Nahj al-balaghah on State:

One of the frequently discussed issues in the Nahj al-balaghah is that of government and justice. To anyone who goes through the book, it is evident to what extent 'Ali ('a) is sensitive to the issues related to government and justice. He considers them to be of paramount importance. For those who lack an understanding of Islam but have knowledge of the teachings of other religions, it is astonishing why a religious personage should devote himself to this sort of problems. Don't such problems relate to the world and worldly life'! Shouldn't a sage keep aloof from the matters of the world and society? They wonder.

On the other hand, such a thing is not at all surprising for one acquainted with the teachings of Islam and the details of 'Ali's life; that 'Ali was brought up from childhood by the Holy Prophet of Islam, that the Prophet ('s), having taken him from his father as a child, had reared him in his home under his own care, that the Prophet ('s) had trained 'Ali ('a) and instructed him in his own characteristic way, teaching him the secrets of Islam. 'Ali's spirit had assimilated within itself the doctrines of Islam and the code of its laws. Therefore, it is not strange that 'Ali should have been such; rather it would have been astonishing if he wasn't such as we find him to be. Doesn't the Quran declare:

Indeed, We sent Our messengers with the clear signs, and We sent down with them the Book and the Balance so that men might uphold justice ... (57:25)

In this verse, establishment of justice has been declared as being the objective of the mission of all the prophets. The sanctity of justice is so stressed that it is considered the aim of all prophetic missions. Hence, how were it possible that someone like 'Ali ('a), whose duty was to expound the teachings of the Quran and explain the doctrines and laws of Islam, might have ignored this issue or, at least, accorded it a secondary importance?

Those who neglect these issues in their teachings, or imagine that these problems are only of marginal significance and that the central issues are those of ritual purity and impurity (taharah and najasah), it is essential that they should re-examine their own beliefs and views.

The Importance of Politics:

The first thing which must be examined is the significance and value attached to the issue of government and justice by the Nahj al-balaghah. Indeed, what is essentially the importance of these problems in Islam? A thorough discussion of this question is obviously outside the scope of this book, but a passing reference, however, seems inevitable. The Holy Quran, in the verse where it commands the Prophet ('s) to inform the people that 'Ali ('a) would succeed him as the leader of the Muslims and the Prophet's khalifah, declares with extraordinary insistence

 O Messenger communicate that which has been sent down to thee from thy Lord; for if thou dost not, thou will not have delivered His Message ! (5:67)

Is there any other issue in Islam to which this much importance was attached? What other issue is of such significance that if not communicated to the people should amount to the failure of the prophetic mission itself?

 During the battle of Uhud, when the Muslims were defeated and the rumour spread that the Holy Prophet ('s) had been killed, a group of the Muslims fled from the battlefield. Referring to this incident, the Quran says:

Muhammad is naught but a Messenger; Messengers have passed away before him. Why, if he should die or is slain, will you turn about on your heels? (3:144) '

Allamah Tabataba'i, in an article entitled Wilayat wa-hakumat, derives the following conclusion from the above verse: 'If the Messenger ('s) is killed in battle, it should not in any way stall, even temporarily, your struggle. Immediately afterwards, you should place yourselves under the banner of the successor to the Prophet ('s), and continue your endeavour. In other words, if, supposedly, the Prophet ('s) is killed or if he dies, the social system and military organization of the Muslims should not disintegrate.'

There is a hadith, according to which the Prophet ('s) said: "If (as few as) three persons go on a journey, they must appoint one out of themselves as their leader." From this one may infer to what extent the Prophet regarded as harmful the disorder and absence of an authority that could resolve social conflicts and serve as a unifying bond among individuals.

The Nahj al-balaghah deals with numerous problems concerning the State and social justice, a few of which, God willing, we shall discuss here.

The first problem to be discussed here is that of the necessity and value of a State. 'Ali ('a) has repeatedly stressed the need for a powerful government, and, in his own time, battled against the views propagated by the Khawarij, who, in the beginning, denied the need for a State, considering the Quran as sufficient. The slogan of the Khawarij as is known was "The right of judgement (or authority to rule) is exclusively God's" (la hukm illa li-Allah), a phrase adopted from the holy Quran. Its Quranic meaning is that the prerogative of legislation belongs to God or those whom God has permitted to legislate. But the Khawarij interpreted it differently. According to 'Ali ('a), they had imparted a false sense to a true statement. The essence of their view was that no human being possesses any right to rule others; sovereignty belongs exclusively to God. 'Ali's argument was:

Yes, I also say la hukm illa li-Allah, in the sense that the right of legislation belongs solely to God. But their claim that the prerogative to govern and lead also belongs to God is not reasonable. After all, the laws of God need to be implemented by human beings. Men cannot do without a ruler, good or evil.[1] It is under the protection of a State that the believers strive for God's sake, and the unbelievers derive material benefit from their worldly endeavours, and men attain the fruits of their labours. It is through the authority of State that taxes are collected, aggressors are repelled, the security of highways is maintained, and the weak reclaim their rights (through courts of law) from the strong. (This process continues) until the good citizens are happy and secure from the evils of miscreants. (Nahj al-balaghah, Khutab 40)

'Ali ('a), like other godly men and spiritual leaders, despises temporal power and political office for being lowly and degrading when an instrument of gratification of lust for power and political ambition. He looks down upon it with extreme contempt when it is desired as an end-in-itself and aspired as an ideal of life. He considers such kind of power to be devoid of any value and considers it to be more detestable than 'a pig's bone in a leper's hand.' But the same power and leadership if used as a means for the establishment and execution of social justice and service to society is regarded by him as a thing of paramount sanctity, for which he is willing to fight any opportunist and political adventurer seeking to grab power and illegitimate wealth. In its defence, he does not hesitate to draw his sword against plunderers and usurpers.

During the days of 'Ali's caliphate, 'Abd Allah ibn al-'Abbas once came to him. He found 'Ali mending his old shoes with his own hand. Turning to Ibn al-'Abbas, 'Ali asked him, "How much do you think is this shoe worth?" "Nothing," replied Ibn al-'Abbas. 'Ali said, "But the same shoe is of more worth to me than authority over you if it were not to me a means for establishing justice, recovering the rights of the deprived, and wiping out evil practices." (Khutab 33)

 In the sermon 216, we come across a general discussion about human rights and duties. Here, 'Ali states that every right always involves two parties. Of the various Divine duties the ones which God has ordained are duties of people towards people; they are framed in such a way that each right necessitates a duty towards others; each right which benefits an individual or a group, holds the individual or group responsible to fulfil some duty towards others. Every duty becomes binding when the other party also fulfils his duty. He says further regarding this issue:

But the most important of the reciprocal rights that God has made obligatory is the right of the ruler over the subjects and the rights of the subjects over the ruler. It is a mutual and reciprocal obligation decreed by God for them. He has made it the basis of the strength of their society and their religion. Consequently, the subjects cannot prosper unless the rulers are righteous. The rulers cannot be righteous unless the subjects are firm and steadfast. If the subjects fulfil their duties toward the ruler and the ruler his duty to them, then righteousness prevails amongst them. Only then the objectives of the religion are realized, the pillars of justice become stable and wholesome traditions become established. In this way, better conditions of life and social environment emerge. The people become eager to safeguard the integrity of the State, and thus frustrate the plots of its enemies. (Khutab 126) 

(continued in the next issue)

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