The Comparative Analysis оf National Sovereignty аnd Islamic Sovereignty

The title is an article by Hosein Aliahmadi Jeshfaghani published in journal “The American Historical Review”, Issue 5 (2), December 2018. The following is the full article.

Abstract

This research attempts to analyze the contents of Islamic documents, including the verses, traditions, and ideas of Islamic scholars and to reveal the significant differences between national and Islamic sovereignty. This theory suggests the nature of the human caliphate and his appointment by God to administrate and fulfill divine will on people called the appointment of leadership theory. The scope of this theory is beyond the dimensions of national sovereignty based on humanism including all areas of sovereignty over the lives and property of the people. Research shows that Islamic power in the sovereignty is more than the power of the public in national sovereignty, in which the ruler of the lawyer is in the exercise of sovereignty, and his power is limited to those delegated by the people and the law.

Keywords: appointment, humanism, Velayat Faqih, Islamic sovereignty.

Introduction

National sovereignty is accepted in the principles of international relations (United Nations Charter, Art. 2, para. 1), and the principle of equality of national sovereignty of the state dominates the ruling world. (Musa Zadeh, International Organizations, 2010, p. 101). The conflict between this principle and the sovereign's sovereignty over fate has also been investigated (Nawaz Eni and Faraj Zadeh, 2011) And a process of globalization, the concept of national sovereignty has been transformed, but in spite of all the pressures and limitations in freedom and performance of a country is developed, globalization could undermine natio- nal sovereignty. But it has been able to transform the conceptual scope and the realm of national sovereignty. The advancement of communications technology and the development of mass media are among the most influential factors in this regard. (Hosseini , pp. 151-172)

The element of "sovereignty" from the sixteenth century was tangibly defined in Western political thought and was first introduced to the "absolute authority of the ruler and the state", but in the social-political transformations of Western societies and the struggle against absolute sovereignty Autocratic change has undergone a change, and after the eighteenth century, it was recognized by the "national secretary" and was given to the people of the people by the power of the ruling elites, and in the Universal Declaration of Human Rights, "sovereignty" was constituted by the "rights of the nation".

The fundamental changes in the sense of "sovereignty" in the political thought of the West are a clear manifestation of the deep challenges in the identification of sovereignty in the "political thought of the West"; On the one hand, there is a lack of a genuine and consistent criterion in its introduction, as well as the central involvement of the social and political changes of societies in the context of national sovereignty, without a rational basis for such a change. On the other hand, such a rule has not yielded results other than individual self-righteousness or the rise of national sovereignty.

In the current culture of man in the past and present, the origin of the rule of force and authority has been. From the point of view of the rulers and also in terms of the convicts, it was the criterion of government and the source of power and authority. Plato considers the rule of the state to be grace and virtue, the rule of law, but only a role on paper, is a debate at school. In the new world, democracy is the will of the people and the acceptance and acknowledgment of the majority of people is the criterion and origin of government, but in the common human culture, the source of the rule of authority and force. From Ali's point of view, the main source of government is a series of spiritual values; who can rule the people and take the province of the people to possess a certain qualities. See the many letters of Ali (AS) to Mu'awiya and to Talha and Zubair and to his agents and to the people of Kufa and to the Egyptian people. He considers the government and the people of the province to be of a spiritual value. But just this spiritual value is not enough for the human being to be the current and the ruler and the governor, but the people are also involved here, and that is allegiance. (Nahj al-Balaghah, letter: 6) God is pleased with this if the Immigrants and Ansar are gathered together and they know someone as their leader and neck on his imamate. Allegiance incontrovertible right to the caliphate is it worth it now, when you can actually bring someone to the office of guardian that people accept him and accept that the issue of the role of the state is considered open. (Supreme Leader, First Nahj ul Balaghah International Congress, Tehran, 1981)

From the perspective of Islam, the true, powerful, and absolute omnipotent owner of the world is not the only God who, on the one hand, governed man in his actions and attitudes, so that he would not be able to lead any people beyond his control and rule; On the other hand, according to the wisdom of the common sense, the need to use the guides to secure the path to the goal of prosperity, the Divine glory, and has given him the duty of obeying the holy sharia guidelines in individual and social life; What is the difference between the nature and dimensions of divine sovereignty and national sovereignty?

God's rule in Islam

"It must be for the prince and head, whether good or evil to believing in his government work involved and the infidel interest him. Due to restore order and peace, the Lord every individual to its term harm by the prevailing tax Total is a battle with the enemy and roads safe from thieves and outlaws, and the right of the powerful to be impotent. "(Nahj al-Balaghah, sermon 40) In Islamic political thought, divine sovereignty means "the emergence and appearance of the will of God by the prophets and the transformation of the common conscience in human societies and the implementation of it by human beings." (Jafari, 1990: 297)

Despite God's absolute sovereignty over the world and man, God has made the man a caliph and his heir on earth and has given him his sovereignty. Several verses have been mentioned. (Fatter, 39; Nahl, 62; Noor; 55; Baqarah, 30)

The evidence of God's sovereignty over people

1. "Indeed, complete sovereignty belongs to God and commanded you not to worship except Him." (Joseph, 40). For God, in the two domains of Genesis and theology, the ruler is unequivocal and does not allow anyone to interfere and seize them. In the case of the Provincial Development Organization of the Lord, it is clear in the Qur'an that all the creatures, whether they are voluntarily or at the same time, are at the command of God and are in the best of God's will.

2. The Provincial Council of Allah will also appear to God through the appointment of a legislature. (Joseph, 40) The fundamental right of the sovereignty and authority is absolutely and gracefully under the ultimate power of God, because he is the real owner and dominant ruler of the world (Bokhari, 1986): blessed and unpardonable, the one who is the kingdom of the world in his hands and He is capable of everything. (Malik, 1); and no creature, from wise and inanimate particles to the most complex of the living phenomena of the world of creation, is outside the domain of power and the domain of the influence of divine science (Al-Hawizi, 1991):

"And as much as the weight of an atom in the heavens and earth science, he will not be forgotten nor less than that nor greater, unless it is in a clear record."(Saba 3)

The Prophet (PBUH) said: obey the rulers of God and listen to what you are listening to, because of obedience to the leadership of the system (and the integrity) of Islam. (Mofid, Ameli, Volume 1, p. 14, Hadith 2)

Imam Ali (AS): "Verily, Allah Sultan (government and religious leaders' right) settled a matter of keeping your job, so promptly and with a desire to obey him. I swear to God, or do it, or God Sultan Muhammad (legitimate government of Islam) from you and never give it to you does not transmit to be given to others. "(Nahj al- Balaghah: Sermon 169)

Imam Ali (AS): "People have dominion over it; do good or evil because of their faith in his government one (to obey God) and theirs disbelieve take advantage of government God predestined anyone to death And collecting taxes by him and fighting with the enemy, and the roads will be safe, and the inability of the power will come out of power, and the good-doers will see comfort and protect the guilty." (Majlesi, Bihar al-Anwar: Vol. 75, p. 358)

Imam Ali (AS): "rulers, Iranian Revolutionary Guards ground commandments of God in Him." (Nahj al-Balaghah: al-Hekmeh 332) Imam Baqir (as) by Allah in the Hadith said: "Allah, the Mighty, the Great said: The people in the Islamic community, led by the leader of the tyrant to accept who I approve not caught torment and misery are, however, good people and people the competent leaders and godly leadership and be receptive to attention and they are God's forgiveness, although in individual behavior and malfeasance have been wronged." (Majlesi, Bihar al-Anwar, vol. 65, p. 142).

And the pursuit of all elements of the universe to their proper perfections is, under the will and loyalty of the creator of creation alone. "Said our Lord who that any of the things necessary for his creation of data then has guided." (Taha, 50) and "any beast, unless he mastered it there." (Hood, 56)

The need to obey people from God

The teachings of religion also emphasize the same rationale of obedience to divine commands: (Anfal, 24) (Loqman, 22) (parties, 36) (Noor, 63). Therefore, the Islamic Ummah, based on the rational requirement and the emphasis on religion, strengthens all the pillars of its social and political life based on the rule of law and divine authority.

One can consider the characteristics of such a rule as follows: 1. the result is a surpassing power and God's ultimate knowledge.

2. Original reality show and essentially continuous and permanent.

3. The truth is absolute and irreversible and decomposing.

4. The truth of it is rooted in the reality of the Essence of God.

5. The practical result of the acceptance of divine rule and authority is not individual arbitrariness, but the supremacy of the majority, but the rule of wisdom is to accept the revelation of the rules in all parts of society. (Karimi Valla, 2011)

Islamic monotheism and its variants

The word "tawhid" is used to refer to the root of the word "and h", and in the word means to make something and its unique judgment. The Holy Qur'an, although it does not use the word "monotheism," but in Instead, it is somewhat of a kind of proof of tawhid and negation of the polytheism, to the extent that some of the ultimate goals of the public consider the verses of the Qur'an as proof of monotheism, because the principle of belief in the existence of the God of the Creator of the heavens and the earth is obvious and innate, and does not require proof. (Javadi Amole, thematic commentary on "Tawhid in the Quran", Vol. 2, p. 25- 26)

The Holy Qur'an emphasizes the exclusivity of God in repeated verses explicitly or with reference. (Annam, 57) The commandment is solely from God, separates the right from falsehood, and he is the best separator (right of falsehood). (Tip 62) the judgment of God and he is the fastest calculating. (Ghaffar, 12) the judgment of God is exalted high. This verse of the Shariah clearly implies that the exclusiveness of the sovereignty of God, apart from the essence of the Almighty, has no right to rule other than by installing the Lord.

The Qur'an has addressed many aspects of Tawhid in many respects, the most important of which is the unity of monotheism: in the sense of unity, being united and not singular. (Zumar, 39; salvation; 11; Sincerity; 4; Maedah, 73). Inborn Tawhid means unity, unity, lack of simplicity. (Solemn, 1) Tawhid attributes (Salinity, 11) Tawhid of verbs with all its manifestations: Tawhid in Creation, (Annam, 73 and 102; Raad, 16; Fatter, 3) Tawhid in Lob bat (Aram, 164; Farsi, 182 (Tawhid in the sovereignty) (Annam, 57; Joseph, 40 and 67; Prophet, 70, and 88); Tawhid in the ownership (Baqarah; 107; Ma'idah 18 and 158; and repentance); Tawhid in Razeghiat (Yuns, 31; Hood , 6) Tawhid in the province (Annam, 51 and 70) and Tawhid in intercession, (Annam, 51 and 70; Prophets, 28). Practical Tawhid with its faces and its objects: Tawhid in worship, (Baghareh, 83; Nisa, 36, 56) Tawhid in Hamad, (chapel, 36) Tawhid in prayer (Yuns, 106; Fatter, 13); Tawhid in the sermon (Hamad, 5); and Tawhid in obedience (Annam, 121); and those who truth of monotheism is testified. (Al-Imran, 18-19)

Conceptual model of verbal monotheism

Unity of Divine Acts is that the universe with every minute, ranging from actions that directly relate to God and actions and influences and movements that are usually attributed to others are, in fact, God and His will arise and based on the famous "circle There is no one other than God "and it manifests itself in various ways, and most of them are: 1. Tawhid in creativity; 2. Tawhid in ownership; 3. Tawhid in sovereignty; 4. Tawhid in lordship; 5.Towhid in the province; 6. Tawhid in secret; 7. Tawhid in intercession. According to the verses of the Qur'an, the whole world is a verb and a creature of God: (Raad, 16), and all affairs, movements, influences and influences, and the dynasty of causes and causes of its essence: (Najm, 42) and all creatures in their existence, traits and actions God is dependent: (Aaraf, 54), and they do not own anything even their essence. It is only God that the treasurer is all that is to him, and he shares the essence and effects of things: (Z. 62-63), and at the same time, no creature has been entrusted to himself, because the belief in the assignment of an entity requires a belief in the partner Being that with God is, in fact, an autonomy, and independence in the subject requires independence in essence and inalienable,and according to some verses, pure monotheism is that God is with his eternal will, which is the effect of events. He does what he wants, and all the creatures that are bestowed on his will and guidance and against the tradition and the divine destiny, and one for himself and for others. Lightening nothing, except what Allah has decreed within the toys and cause.

The verses emphasize that all things are in the hands of God. (Al-Imran, 154) and the providence of all on his providence is stopped. (Takwir, 29) Even Khatam and the most prominent apostles (PBUH) do not own or harm anyone and others unless God wants to. (Aaraf, 188) (Gen. 21), and he is not free from the forgiveness of the pagans and the work of the world and the authority of the Providence. (Al- Imran, 128), and he cannot guide anyone, but God is the one who directs anyone. (Shah, 56)

The Effect of Tawhid on Governance

According to the verses of the Qur'an, the scholars have identified various and various branches and manifestations of verbal monotheism, most notably the following:

1. Tawhid in Creation

The Holy Quran introduces God as the Creator, the Creator of All, the Creator of the heavens and the earth, and the Creator of Human Beings and their deeds (Safat, 96), and explicitly excludes Creation from non-God. (Fatter, 3) The result of these verses is that true creation is in the monopoly of God, and others, according to their nature, have nothing of themselves and cannot be the creator of something, and if there are manifestations of creativity in them, then they are the symbol of the name The "creator" of God has been made, and by his permission, creation is limited to their own ends.

2. Tawhid in ownership

According to the verses of the Holy Quran, Allah is the true owner of the earth. (Aaraf, 128) the unseen of the heavens and the earth, (An-Nahl, 77) and the world hereafter. (Najm, 25) and the creatures of the heavens and the earth. (Fatah, 7) (Al-Imran, 109 and 129)

Such property, which is against the proprietary and contractual property, is rooted in creativity. When on the basis of the unity of creativity in the universe there is no creator except God, naturally no one but he can own something. (Almighty,

Sample Interpretation, Vol. 16, p. 409). Therefore, God commands the Prophet (peace be upon him) to tell people that he does not have any profit or loss for himself unless God wants to (Yuns, 49) and also Declaring that he does not own any harm to others. (Gen., 21) In the Holy Qur'an, some believe that the government and sovereignty are exclusive to God, and some other verses abandon the rule of law from non-God. The verses concerning the rule of Allah have several Sahihs;

1. Some of them deny the sovereignty of al-Mutlaq from non-Allah and prove the essence of God. (Joseph, 40)

2. Some verses are only in the statement of the fact that God is ruling.

3. Other verses, some of them deny the rule of non-God.

4. In some verses, he has denied an obstacle and states: "As there is no ruler other than God, there is no objection to his judgment."

5. Also, in other verses, after dispossession of the province of non-right, he has addressed the partner in the command of God. (Kahf, 26)

3. Tawhid in lordship

Monotheism in the sovereignty is one of the effects of monotheistic verbs. Liveness, cultivate, and advance step by step towards perfection, without realization of gentleness and real ownership, which is rooted in creativity, henceforth one is the "beast" of the creatures that are the true creators and rulers, and he Except God the Creator is not the owner and ruler. The Holy Qur'an, in the same vein, has linked loyalty to creativity and has called the Lord of humans a creator of them.(Baghareh, 21), thus limiting the exclusive creation of God to the unity of God, has relied on his unity of education, and, referring to the unity of the Creator, has emphasized the unity of the Thought. (Aaraf, 54)

Government definition

The government has several definitions. According to a definition, the state is a set of institutions that govern in a defined relationship and relationship in one particular land and on the human community residing in it. Sometimes, the government is defined as a coherent and organized political power that decides, rules and forges in various social contexts. (Vaezi, Ahmad, Islamic State, p. 31-32). According to this definition, the government includes all forces, including the executive, legislative, judicial, and military and police forces. (The Universe, the foundations of political science, p. 144-149). Innocent leaders have identified many characteristics of Islamic government officials, some of which are: justice, trust, goodness, and politics, tolerance and knowledge. (Preacher, Islamic State, pp. 189- 191)

The provisions on reason that no one denies it can do, it is in the midst of human law and government is necessary and the family of mankind requires Bound codes and provinces and states is essential, and what divine wisdom commands, it is the establishment of the rule so that the people wisdom is required, compliance and adherence to it, from whom valid and correct to the owner of all people and seized thereof, disposing of his property; and such a person to capture and guardianship of all human wisdom penetrating and true God of the universe is the owner and creator of all life on earth and the heavens. After the verdict now, in our nation now and likes to do, in data itself has seized; and if the God who rules, and his sentence the prophets, be obeyed know, the human need to obey ; and non- judgment of God or that God has set no human decree should not accept and does not admit to it. (Imam Khomeini, Kashf al-Asrar, pp. 181-182)

The concept of government can be understood in several ways: (a) the person or persons who conduct the rule of law. (b) Government means the executive branch in front of the legislature. (c) Government is a group of policy makers who adopt and enforce laws. (d) Government is also close to the concept of an administrative apparatus.

Forms of government in history

1. Classification rule on the basis of the decision-making Classification rule on the basis of the decision is as follows:

A. Classification ruled by dictatorships are Autocracy, despotism, dictatorship, fascism.

B. Classification based on being king are the absolute monarchy, constitutional monarchy: King Doubles, king, empire, the kingdom of federal, Kingdom.

2. Select division on the basis of the ruling parties

A. Classification based on the rule of despotism: despotism, totalitarianism.

B. Classification based on democratic: democracy, direct democracy, liberal democracy, democratic representation, democracy, social, democracy and tota- litarian.

3. Classification based on the distribution of power

A classification based Republic: Republic: Republic based on the constitution, democratic republic, parliamentary republic; The Federal Republic, the Islamic Republic, the Socialist Republic

B. Classification based on federalism: federalism, the Kingdom of federal, Federal Republic.

4. Other categories of government

a. The government classified according to the socio-economic system: capitalism, communism, feudalism, socialism, welfare state.

B. Classification of government due to the political system: elitism, some leadership, centralization, a person-oriented.

Definition the ruling

The ruling meanings judge, judge, referee, leader, performer and curator sentence or part of a state governed by the rule. (Ibn al-Athir, al-Nehayeh Fi Hadith and acting strange: Hakeem) (Firoozabadi, al-Qamvs Ol-MO hit: Hakeem)

In the Quran, the word of the ruling as singular is not used, but the plural of the term "Hokum" (Baqarah, 188; Aaraf, 87, Jonah, 109; Joseph, 80) God is used. Commentators such as: Tuberous Assembly Bayan, Al-Qurtubi in al-Jama Ol-Ahkam and Tabatabai in Al-Mizan, the meaning of the words in the verses of the judge or the judge had. In the Hadith, the word "dominant" in most cases means the judge and the other is used as the governor and ruler. (Wait, an easy-fit province of al- Faqih, vol. 1, pp. 434,436)

The use of this word because of qualifications for some of its manifestations, especially in the Shiite imam, listed, so the term has become, as in Warcraft also has a special technical meaning. The ruling in the so-called Sunni who is said to have the power to sentence composition, the ruling creates in the world of credit. God the basic ruling in Islam is God, and in this case, there is no difference between Muslims. Apart from God, the Prophet and the Imams (AS) and priest are fully qualified to govern, but they are ruling over the sovereignty of God. (Zohyly Osule al- fiqh al-Islami, vole. 1, p. 115) (Abdu-al-Bar Taqnin Osule al-fiqh, p. 28) (Sajjadi, culture and Islamic Teachings, vole. 2, p. 224)

The legal texts ruling the meaning of the word, according to the judge, arbitrator or ruler, for example, in chapters or provisions to resolve disputes or cases people paid them, meaning that the judge and prosecutor. (Alam al-Hoda, Intisar, vol. 1, p. 495) (Esfahani, margins Ktab al-Makasib, Vole. 2, p. 387)

In case of incapacitation or appointing guardians for their province to discuss the possible meaning of the judge's ruling. (Shafi'i, vol. 3, p. 143) also if the legal text has been paid to the issue of arbitration, the arbitrator's ruling and sentence will adapt. (Sabzevari, vole. 25, p 229230)

In cases where the scope of the powers of the judges was considered beyond the scope of responsibility, meaning that the governor or ruler of all Muslims considers the land. (Mohaghegh Karaki, Jama al-Maqased, Vole. 8, P. 193)

In addition, in the context of the ruling safe word is used to mean a person appointed by Khomeini to issue a final ruling on descriptions from Herb for his order. (Tousi, Vole. 2, p. 17) (Mohaghegh Heli, Vole. 1, p. 240)

Sunni jurists noted fewer instances of ruling in their views, but many scholars believe that the imam of the real ruler of the Imam or someone on his behalf to provinces or judgment is put. (Allameh Hilly, Vole. 2, p. 6) (Shahid Sane, Vole. 10, p 228)

A. The oppressor ruler

Sultan oppressive tyrant rulers and scholars say the chapters' crops, charity, Jihad, business and the judiciary have spoken it. In fact, it's true kingdom of God because all things are subdued his power and requires him. God these positions to their parents, i.e., the Prophets and their successors has been granted. Therefore they are also categories Sultan, Justice Sultan has an absolute right. In front of them, oppressing rulers with an angry and pushy and overcome or deception and deceit and without the permission of and on behalf of God the people rule. So, his government has no legal basis that is not permitted by God oppressing rulers are, whether they are Muslims or non-Muslims. Office reception area Quran is forbidden Sultan unjust and oppressive rulers tendency and desire, forbidden, but it is a cardinal sin. (Najafi, Jvahralklam Vol. 13, pp. 310-312) (Culture of religious jurisprudence, according to Ahl Ol-Byt, Vole. 4, pp. 524-527)

Accordingly, without necessarily accepting any post office, such as judges, governors and deputy governors of the region and city, trustee and tenure collect zakat, tax and other taxes and even friends with him and complacency and satisfaction with things and his policies and tend to survival, even for a short period of examples tend to be ruthless which and is haram (Najafi, jewelry Kalam, vole. 22, p 156) unless the admissions office to the interests of Muslims and the oppressed rise up and right on legs and against the vicious pitfalls, or they have to accept it. Therefore, if not to life and property he or his relatives, such as father and son By Sultan unjust endangered; (Ansari, Almkasb Book Volume 2, p. 85) but to kill the innocent person that is not permitted under any circumstances. (Najafi, jewelry Kalam Volume 22, Page 165)

Accepted province of Sultan unjust to bring about the ability of it to non-Faqih comprehensive, so famous, except if the reservation is not allowed, although the jurisprudent terms, according to celebrity is permissible, some necessity it's unlikely unknowingly have. (Ansari, Almkasb book, Vol. 2, pp. 77-84)

The prohibition of gifts and prizes Sultan unjust knowing the same, as well as acquiring it, is prohibited and possession of it is not true. Otherwise, even with a cursory knowledge of the unlawful property Sultan, catch and acquiring it is permissible. (Najafi, vole. 22, p. 170)

In the first hypothesis, it is obligatory to return the prize, if possible, to the owner and, if the owner does not know it or does not have access to it, to give it on the part of the owner of that charity and return it to a non-owner it is not permissible and warranted.

Of course, if he receives the prize with the knowledge that he has been usurped from the king, he is the guarantor, even if the king or another takes it for granted to him. (Najafi, Vol. 22, p. 170)

The occultation is over land taxes in the oppressive ruler and therefore taking them without permission, he and pays tribute to them, but he is not permissible, or in the hands of the ruling religious and jurisprudent conditions or in none of them does not? The issue is controversial. But they are supposed to pay tribute to the King of unjust extended reservation lack of Imam Conditions, leading to Innocence payer is

permissible; however, seized on King Haram. (Najafi, jewelry Kalam, Volume 22, pp 180-181 and pp. 201)

Pay zakat to the Sultan unjust authority is not permitted and is the guarantor pays his debt is not Barry. Being divorced from the reservation in his zakat to the dispute. (First martyr, vol. 3, p. 143)

Public on all Muslims or Shia or disbelieve will also include him as kings? The issue is controversial. (Imam Khomeini, Tahreer al-Vaseileh, vol. 1, p. 503) contract obligation with the People of the Book and the ransom them from the power of the Imam (AS) and his deputy is, but in case of extended lack of them, closing the contract obligation and get ransom his Muslim oppressor Sultan is correct. (Najafi, jewelry Kalam, Volume 21, pp. 262-263)Grievances and litigation before the tyrant except in case of necessity are prohibited. Traveling with examples of tyrannical sultan's palace where the prayers are not sinful trip, traveling with the king is unjust, providing that with him, with his own hands and help the oppressor in his oppression. (Hakim, vole. 3, p. 438)

B. The Religious ruler

Hakeem commonly used phrase match against the ruling. (Najafi, jewelry Kalam, Volume 17, p. 258 and vole. 22, p. 352)(Khansari, Vole. 2, p. 264)

The judge or ruling religious who say that God for regulation and organization of servants and Public Administrators in the field of power and authority delegated by God, appointed to be, whether directly, as the Prophet or indirectly, like Imam ( peace be upon him) that the Prophet (PBUH), the Imam (AS) is put. The use of the words jurists as judge, jurist comprehensive conditions. (Hadaeq Ol-Nazerieh, Volume 10, Page 58, Volume 13, Page 261)

The law of the use of the word governing common, including the principles fourth, fifty-sixth and fifty-seventh constitution of the Islamic Republic of Iran, the term used is essentially 4 to a higher law, and in the other sense of the ruler. The Penal Code, in all cases, the dominant interpretations and the judge means a judge of the Court (IPC Materials 99, 101, 105, 114, 120, 255, 392, 408, 413, 417, 420,and 461). The meaning of the word Iran's ruling in civil law, in most cases, the judge of the court. (Civil Code, Articles 79, 222, 228, 230, 237 238, 273, 276, 277, 1187, 1276, 1328, 1333) in administrative law in Iran, the Seljuk period until the end of the Qajar period, the dominant term for public office holders , including the governor, were used. (Parsley Langroodi, detailed in the terminology of rights: the ruling Words)

Islamic state during the absence of Imam (AS)

Other contemporary thinkers, citing preliminary velayat-e faqih's proof:

1. Social chaos and restore order to avoid the inevitable.

2. Islam is the eternal social provisions and their implementation is dependent on time and place.

3. The cause of Islam, the rule is that an innocent person.

4. When we were deprived of the grace of the infallible leader, should innocent people closest to adopt for community supervision. This closeness can be determined by three criteria: Introduction to Islamic law (jurisprudence), mental and moral competence (piety) and efficiency in the management of society. Adel scholar and director of resourceful people who gathered these features of the occultation, worthy to rule the Islamic community. (Mesbah Yazdi, the supreme leader abroad, the Islamic State, No. 1 (Fall 1996), pp. 89-90)

Islamic government duets

The idea of authentic Islamic governance, not a means to achieve personal goals or group responsible for the heavy and integrity is priceless, as Imam Ali (as) one from your broker says: "What leads you, the sauce is not your but on the neck trust". (Nahj al-Balaghah, letter 5)

Commander of the Faithful of shoes less precious in the eyes of the government is unless it leads to the realization of the lofty goals of the divine. (Nahj al-Balaghah, Sermon 33) Islamic state to development and prosperity, (Nahj al- Balaghah, Sermon 53, p. 290) fair distribution of wealth, (Nahj al-Balaghah, Sermon 3) security, (Al-Anfal, 60) The spread of education (Nahj , sermon 34) and supporting the oppressed and vulnerable groups (Nahj al-Balaghah, sermon 40) special attention and with them, ignore divine and transcendent ideals of spiritual growth and development in priority placed purposes.

Imam Ali (as) some of the material and the spiritual rule says: Lord, you know what we went, not because of interest in power, rather than the meager want extra amount, but wanted signs of religion place where they do and reform in the cities bring to the oppressed servants to bring safety and waste left over to be executed. (Nahj al-Balaghah, Sermon 131)

The definition of national sovereignty

Sovereignty in the form of short and simple means is the supreme political authority. The fundamental concept of modern international system and the system provides state - the nation legitimizes contemporary. At the primary level, sovereignty means to control and geographic space. Such control is typically applied from within the structure of government and history, reflecting continued growth in sovereignty by national governments and the accumulation of power is concentrated at the same time. Jean body view: the first scientist who gave a precise definition of the rule. And as the ruling body unlimited source of civil rights. After the Shah's rule is not a personal trait, the trait is a rule element of government institutions. The concept of sovereignty in the body of the essential elements of political society called it a major cause of social and political solidarity without which society cannot stand. After the establishment of the new political philosophy of the oldest apart. Grosses view: the rule of the supreme political power is transferred to a person whose actions he could not master do function and not someone else's.

Uniform view: the rule of governance of the state. Will of the people that the government is organized. Blackstone view: the rule of superior authority, irresistible, absolute integral is the highest legal authority is laid to his charge.

Yelling view: The State government is in the light of government can be legally binding. But to his will, or power other than its own limit.

Burgess view: the rule of power, absolute the citizens of every citizen Weber is all complexes.

Divine caliph and its nature in Islam

Arabic root word caliphate is meant to replace the term caliph (plural of word is Kholafa), meaning successor, Lawyer and vice president of the (Aqasoraye, 1983) Khalifa words in the Qur'an, Khalifa is used so literally. Most of the caliphate, and the caliph use of the term is that the political developments in the Muslim community after the death of the Prophet (PBUH) was used and, respectively, in the sense of succession in government and in the absolute sense government and ruling of the Prophet and the successor of the Prophet was used in the government. The use of these terms, these two words are the key concepts of culture Muslims turned political, and even later, groups of Muslims in explaining the legitimacy of the caliphate system to the use of the word Caliph in the Quran Cited. In this sense, two words Imams and Imam also frequently works with the concept of the views Shi'ite Muslim authors first very different. The Spanish Caliphate, on behalf of an individual or on behalf of another person who is to die for being absent of other is pleased with him or her for being unable or bow and formalities Khalifa. (Raghib Esfahani, al-Mofradat, vole. 1, p. 156) In Islam, the rule of men upon own, is recognized (Naraghi, 1998) and the ruling of the people of their fate and her independence in the exercise of their will and their choices, means that the relationship between the people who own behalf and essentially right rule and the good and forbidding to others and ultimately, sovereignty and impose their will on society does not have the (Imam Khomeini, 1994) to capture the determination and selection, responsible for the deeds and actions of man may have been, but the view of Islam, the end product is good and bad of every people and every nation has the will and free choice of their own: " God does people [nation ] Does not change, until they are in their change. " (Raad, 11)

Therefore, the rule of men upon own, in the field of human relations meant nothing to do with man's relationship with God is not based on giving this gift, your man free of any will, to qualify for the good of the individual and the collective, and finally, goal Supreme His creation, the nearness of God to understand; but the wise man beret knowing that the target high in the light of surrounded of the characteristics of physical and mental, individual and collective human being informed of the results of good and bad acts of arbitrary and awareness of how relations man with God, self, fellow human beings, and nature, in order to achieve eternal happiness, are Education is the imperative reason as legislator and finally, integrity a favorable political community, the will of the Almighty Truth is strong and its control over the province and legislative sovereignty of God age.

The so-called Caliphate and Imamate, on behalf of the owner to maintain law and religion in the world, is someone who has such a position Caliph and Imam said. However, conditions such as Quraysh but Imam's condition. (Ibn Khaldun, History, p. 193) For example, Taftazani says: "Spiritual Directorate of the Muslims of the world on behalf of succession to the prophet is." (Taftazani, Sharh Ol-Maqased, vole. 5, p. 287) Sunni Muslims believe that the Prophet Muhammad (PBUH), successor this is not a choice and important to his nation, has left. (Nishapuri, vol. 3, p. 1257)

But this theory is incompatible with the dignity of the Prophet them to this important issue, not trivial! While all the prophets chose their successors. (Yaqubi, history, vol. 1, p. 110) that it is necessary Prophet, his mission well done, but we know that the Prophet (PBUH) did not fail any mission (Jen, 26-28) and his infallible Shiite and Sunni theologians accepted. (Siobhan i, p. 281) Against Shia scholars on this subject believe that the Prophet Muhammad (PBUH) during the life of Imam Ali (AS) to install and set up by God. (Siobhan i, the radiance of eternity, vol. 1, p. 937)

Caliphate of the Prophet (PBUH)

In addition to the tradition and life of the Prophet (PBUH) was not only to death but also throughout his life and many opportunities of caliph and successor after him, spoken on the validity and evidence of Shia and age there are valid in the book. Sayings such as: Amber warning, (Haskany, Shaw hid ul-Tanzeel, vol. 1, p. 542) hadith of Ghadir (Haskany, Volume 1, Page 249, Hadith 244) tradition, dignity, (Nishapuri, Sahih Muslim, the virtues of Ali ibn Abi Talib (AS), hadith 4, pp. 1870- 1871) hadith of Jabir (Safi Gulpaigani, p. 101) and other hadith proves that the Prophet (PBUH) not only had to think of his successor but his Khalifa installation and determined.

How and to whom God entrusted his rule? Given the emphasis of Islam on the Council and public opinion and principles such as freedom, knowing the inevitable appeal to public opinion, the sovereignty of the people in the constitution is an important issue. The rule in the constitution of the man who has held the teachings of the Islamic religion freely. According to the teachings of Islam and Shiism, the rule as a trust from God to man has been given and the Shia, as the supreme leader and accepted by the people it has been realized to the extent that people not only in the selection of the supreme leader and other government officials, it is also involved in the process of becoming operational functions of government.

The nature of the human caliphate

The words "rule, arbitration, wisdom, wise, rules, governing sovereignty" and the like derivative of "judgment", each with its own meaning, derived from the root meaning "to prohibit and prevent" are; For example, the "judge" and "judgment" because "judgment" means a judge will prevent injustice and oppression, or "knowledge" means "wisdom"; Because it prevents the ignorance and wrong in the world. A political system dominated by the "state" is said; Because of insecurity and confusion and chaos is prevented. Thus, both derived from the same root meaning of derivatives and the principle that "prohibit and prevent" are.

According to some definitions of sovereignty, it must be meant to be considered superior power and supreme authority for the final decision which is above all powers. (Universe, 1994, p. 25)

Rule or ruler, the supreme power of the state in which the government, regulators and law enforcement is not his superior power Assyrian, 1994, p. 128)

The awesome power, decision-making, and implementation of decisions within the territory of the country, which represents independent decision-making is in the community of nations. (Babaei, 2005: 256) First, the country and its people the supreme power, authority and unquestioned superiority are to ensure that everyone in the country to obey it; secondly, other countries, it is recognized and respected. About inks rule, the theories like divine sovereignty, individual sovereignty, the sovereignty of the people and national sovereignty has been proposed.

Based on the theory of divine sovereignty, sovereign power comes from God and God commands rulers to run.

Theory of individual sovereignty, states that a person belongs to a political authority that hereditary and personal reasons, deserve and can afford its exercise of power and domination. This is the absolute ruler of all his authority from God knows and believes that all decisions to the will of his decision.

Theory of popular sovereignty, states that in that case, each of the people on an equal basis and without intermediaries, have a key role in determining their own destiny. Theory of national sovereignty also refers to a condition in which the body as a nation and independent legal personality of its constituent units, a great authority on matters and aspects of society. Accordingly, sovereignty, self-power and governance, factors and means that the power exercised by it. (Hashemi, 2008: P. 31) In other words, sovereignty, freedom and independence, the political community, the government, representative and its manifestation. (Tabatabai Motameni, 2001: 54)

According to some definitions of sovereignty, it must be superior power meant qualification for the final decision to be taken at the peak of its strength (Universe, 1994, p. 25).

Considering the nature of governance in Islam, such properties can be totally rule outlined below:

1. Derived from the power of God's defeat and the end of science.

2. The original reality show and essentially continuous and permanent.

3. The absolute truth and is non-transferable and analysis.

4. The truth of it is rooted in the reality of the Essence of God.

5. Objectification of human society is subject to compliance with the requirements of society and the reason to "servitude" to the Lord and obedience to the commandments of God and redirects.

6. Keep the tradition of God's sovereignty over its own destiny society, if people are willing to accept divine, its application will be available to people under God's special education or have been introduced by them.

7. The result of the operation of God's sovereignty and legislative authority nor the tyranny of the individual, not the supremacy of the majority, but the rule of common wisdom revealed in all elements of society in acceptable conditions.

On the basis of the aforementioned definition of "While the quantity of government in Islamic thought" may be stating the sovereignty of states, the continuation and enforcement of provincial legislative Lord is as absolute authority, legitimacy is rooted in the reality of eternal and absolute God and of Thus, non- transferable and analysis is based on the traditions of divine realization and objectivity outside the sovereignty constitutes acceptance of society that in case of acceptance, by people who are trained divine located or by their order, they applied.

Provincial and installation of Imams (AS)

Infallible Imams (AS) have the right to worship and capture the affairs of the people. "O you who believe, obey Allah and obey the Prophet and Oulu al-Amr." Adding "one" to "affair" and its uses in the Koran, like (Al Imran, 159) and (Shura, 38) The use of the Oulu al-Amr in the Qur'an, such as (Al-Imran, 159) and (Shura,38), indicates that the purpose of this is worldly affairs, and with the repetition of the act of obedience to the verse, it becomes clear that the meaning of "obedience of Oulu al-Amr "Follow the Imams (AS) in government affairs.

Establishment of the Faqih for the province of the people

Supervision of fully qualified jurist during the occultation of the province of jurisprudence says. In the era of absence the people of the blessings of Imam (AS) in human society and governance in various fields such as knowledge, and judgment rule deprived, just jurisprudent qualifications provincial fatwa against them. (Imamate; discretion; absence) velayat-e faqih, in fact, a general representation of the Imam (AS) and is meant administration of the Shiites in the age of absence. Velayat-e faqih, deep roots in the Shiite jurisprudence. (Explore the science of jurisprudence and its subsidiaries, Book I, Item: the ruling and sentence early and the provisions of Article velayat-e faqih in the eyes of the jurists)Shia scholars, on various occasions, in religious books, it will have raised (factor, Meftah Al Karama, Volume 10, p. 21) (Naraqi, income-Ayyam, p. 187) (Maraghi, p. 352) (Al Bahr, vol. 3, pp. 233- 234) (Najafi, jewelry Kalam, Volume 15, pp. 421- 422)

Kalam also velayat-e faqih of facts and essentials of jurisprudence in the Shiite jurisprudents knows (Najafi, vol. 16, p 178) and declares: "He who velayat-e faqih doubt, taste jurisprudence tasted and password Imams infallible not understand."(Najafi, Vole. 21, pp. 395- 397)

National sovereignty

Theory of popular sovereignty, states that in that case, each of the people on an equal basis and without intermediaries, have a key role in determining their own destiny. Theory of national sovereignty also refers to a condition in which the body as a nation and independent legal personality of its constituent units, a great authority on matters and aspects of society. Accordingly, sovereignty, self-power and governance, factors and means that the power exercised by it. (Hashemi, 2008: P. 31) In other words, sovereignty, freedom and independence, the political community, the government, representative and its manifestation. (Tabatabai Motameni, 2001: p. 54)

Theory of popular sovereignty indicative of a government organization is that each of those people, equally and without intermediaries, self-determination, play a major role. (Alizada, 2009, p. 191)

This theory was first, at the beginning of the middle Ages, Catholic scholars, such as age and his obeyed persons raised in the West. The opponents of the monarchy, it was developed. In the seventeenth century, the school of natural law and international precision to it and then gave Jean-Jacques Rousseau and the French affected.

Governance, the rule is that the parts belong to one person. Rousseau's "Social Contract" wrote: "Let us assume that the government is composed of ten thousand citizens, the contribution of each member of the government, is one ten- thousandth power."

France's 1793 constitution, under the influence of Rousseau, the doctrine of popular sovereignty was effected. This doctrine, based on the principle of absolute democracy, the masses of citizens, the source and center of power are known. In this doctrine, each citizen has a fundamental right to contribute to the formulation will be dominant.

The doctrine of popular sovereignty, in terms of organizing devices dominant form of government, the selection and the relationship between the forces of the country, principles and norms creates the logical consequence of such thinking, it means the negation of the rule is not absolute, but made to change it is that is, the ruling will instead be a prince or state, is a member of a group of people. The theory of "divided sovereignty" is also known. (Judge, 2004: 187 -185)

Theory of sovereignty, based on a country's system of government in which the people as a single organism and independent legal personality of its constituent members, the supreme authority over the affairs of the society. (Alizada, 2009, p. 191) the theory of events between 1789 and 1791 developed a revolutionary constituent France.

In this theory, the rule is that all state powers belong to the nation as a whole. People, legal entity distinct from those that make it up. In other words, the people, the will of totality - collectively meet the independence and sovereignty of the Premier. The initial idea of the designers of this theory, the deposed king of absolute power to rule and granting this power to the nation. By creating the concept of nation against people, in 1791 the French constitution, sovereignty of the people was such terms: "sovereignty, indivisible and non-transferable unit that belongs to the nation" (Judge, 2004: 187)

The theories of the origin of sovereignty, the sovereignty and the sovereignty of the people, except that the sovereignty of the people, any people the right to self- determination of the individual and societal its own (direct democracy), while the national sovereignty, integrated power individuals, through agencies (indirect democracy) is the self-actualized persons. (Hashemi, 2008: 4)

Conclusion

By comparison of the principles of the rule in Islam and the West were studied. With discretion and extraction of content from documents, the provisions of Islamic texts, including the verses, traditions, and views of some jurists were analyzed and combined with the theory of the Notes on the rule of Islam and the difference it has achieved national sovereignty. Based on the results, the rule of divine sovereignty divine and humanistic two different bases. National sovereignty with the divine rule of the Prophets (AS), the imams and scholars differ eligible.

In Islam, the province appointed persons with certain conditions, including the divine will and the public right of guardianship does not rule. But the province of Virtue and loyalty capture the lives and property of others do not have. According to the Supreme God, the Supreme Prophet absolute rule of the Imams and absolute clerical rule people's lives and property can be installed without the permission of God's people and to spend his capture. Capture that not even one's own self. As the ruler of a lien on the property without the permission of the people directly or indirectly not. But it has a lien on all public with the permission of God, except in cases where the law is prohibited. Religious nature of Islamic rule of the province, not the people but the representation and delegation. But the expansion of the role of the people and comply with iodine. (Aliahmadi, Comparison among the reasons, conditions and rights and duties of leadership and authority, p. 115)

The lack of popular sovereignty and national sovereignty of the divine lordship and absolute property of God. Evil if he wants with the principles of humanism rule, the tenure of the lives and property of others even allow the people because the people have the right to delegate authority to his death or spend money on the earth and not dominated by credit entities as well as about acts of divine sovereignty and not more than that.

References

The references are available on the website of the journal.