The Early Phase of Political Fiqh

The first compilation of the political Fiqh dates back to the invaluable legacy of Imam Ali (a.), that is, Nahj al-Balaghah. It is a very fortunate case that it has passed through many years to reach us.

The efforts of the scholars and traditionalists in collecting the sermons and saying of Imam Ali (a.s) have become blessing for the Muslim 'ummah. They succeeded to compile tens of books 41 and left behind an invaluable legacy.

Among them Sayyid Razi's compiling Nahj al-Balaghah, and collecting the sayings of Imam Ali (a.), has further enrich this great legacy. In his works he has arranged the sermons, saying and speeches of Imam Ali (a.s) in sections. The sermons are remarkable for rhetorical as sublime meanings.

A good deal of political issues is dealt with in Nahj al-Balaghah. In fact this book is recognized as an authentic and authoritative source of political Fiqh and scholars of Fiqh may find many rules of political activities in this great source of paw.

One distinguishing features in Nahj al-Balaghah is its being a theoretical as well as a practical source of paw. Nahj al-Balaghah is a collection of the speeches of an infallible Imam and a source of guidance and Fiqh. In other words, in many cases it translates what has come in the holy Quran in the general form.

Besides the sermons in Nahj al-Balaghah, Imam Ali's (a.) epistle to Malik Ashtar and Muhammad Ibn Abi Bakr are also authentic sources of political Fiqh. The letter of instruction to Malik Ashtar covers a good deal of general political issues, such as internal policy, external policy, and international relations. It also deals with the ways of administrating an Islamic society. The issues of economics, politics, even military, politics and sociology are dealt with in this letter.

It is a reliable source for the scholars of Fiqh to explore political Fiqh and find the rules of political activities to deal with the problems of human rights, and international relations in the Islamic system.

This letter of Imam Ali (a.s) was to establish justice and lead the Egyptians to the right path with the help of the Islamic government. Thus, he appointed a person committed to carry on all his orders. Malik Ashtar was such a person; he had strong faith in the capabilities of Imam Ali (a.s).

The point to note in this letter to Malik Ashtar is that it is not addressed to an infallible Imam to execute its contents. The letter of instruction is addressed to a scholar of Fiqh who possessed the quality of justice and he was not infallible. It is evidence that a non-infallible scholar of Fiqh who possesses the noble quality of justice according to the Islamic definition of justice may carry out the task of the administration of a government and the commands of Imam Ali (a.s).

Malik Ashtar enjoyed the valor and nobility, Ibn Abbas possessed wisdom, Ammar Ibn Yasir kept very records, Sa'sa'ah Ibn Suhan was eloquent other companions of Imam Ali (a.s) had other valuable experience. To sum it up, Malik did not have the entire noble skills and abilities. It is evidence that the ruler of Muslims do not have to have the entire noble skills and abilities 42.

This document is also evidence that a scholar of Fiqh would not have reason not to implement such commandments. The instructions for the most part hold the ruler responsible. The duty of the people is carried out by the successful implementation of the commandments in the letter. This rule is applicable in the case of every scholar of Fiqh who possesses the noble quality of justice and is at the helm of government.

The following are of the objectives for the appointment of Malik Ashtar as the Governor of Egypt.

(a) To collect the funds that legally belong to the government to meet the current expenses. This task is called Jibayah. Looking at the sheds of meanings associated with the word Jibayah and its derivatives one may find interesting relations. In its meaning it contains a sense of choice and freedom. Accordingly, ijtiba' means Istifa (to select) as well. Jiyab is also drawn from this term, which means a big ditch, which attracts the waters of its surrounding areas. Rains also move towards such a big ditch due to its depth. In collecting the funds of government, there should be a degree of freedom of choice on the part of taxpayers to facilitate some form of desirability.

(b) To mobilize a proper degree of force to thwart the plots of the enemies for the security of the territory of a country and deal effectively with hatching conspiracy from within its borders.

Jihad, in fact, brings about security, paves the way for development and removes the tension and chaos in a society.

(c) Improving the educational, economical and other social condition of the people. It is interesting to note that in this letter, instead of Islah (reform), the term Istislah is used which means to urge for reform and accepting reform as well.

Istislah means that the ruler of Egypt, or any other country, should pave the way for people to move voluntarily and improve their conditions.

(d) Construction of the country through the best use of the resources and equitable distribution of goods among the people

The scholars of Fiqh and Hadith have many annotations on this letter. Such annotations are also considered of main sources of political Fiqh 43 in the Shi'ah Muslim school.

Certain statements in the letter of Imam Ali (a.s) to Malik Ashtar are of very general nature and far-reaching from the point of view Fiqh, "Act according to your views, than nothing would be left in this instruction."44 This letter deals with all issues involved necessarily in the constitution of an Islamic government.

The scholars of Fiqh who received their education from the School of Fiqh of Imam Ali (a.) mostly became authorities in Fiqh. Saeed Ibn Musayyab, Qasim Ibn Muhammad Ibn abi Bakr, 'alqamah Ibn Abbas, Saeed Ibn Jabir, abu Rafi', Muhammad Ibn Qays al-Bajali, Sulayman Ibn Mihran Asadi, better known as A'mash, abu al-Aswad Dul'ali, Tawus Yaman, Ibrahim Ibn Yazid Nakha'i were all scholars of Fiqh. Both the Shi'ah and Sunnis accept them as scholars of Fiqh 45. The views of these scholars in Fiqh have intermingled with the Sunni jurisprudence inseparably 46.