Public Supervision on Performance of Islamic Jurisprudent unlike Despotic Ruler (Part 2)
It is clear that the Islamic jurisprudent is not above law and supervision.[i] The important point is this that the right of supervision on the Islamic leader by the people or Assembly of Experts does not come out of Islamic jurisprudence; rather, the first takes its legitimacy from the sermons of the Divine legislator and the latter from the Constitutional Law.
Therefore, the Islamic leader or jurisprudent has no right to eliminate or violate the authority of public supervision or dissolution or violation of the Assembly of Experts.
An Islamic jurisprudence theorist says: “The members of the Assembly of Experts owe their legitimacy to the public votes, so is the legitimacy of the president and members of the Parliament. The only difference is this that the president must gain leader’s authorization while members of the Assembly of Experts do not need authorization, approval or confirmation of leader at all.”[ii] On the other side, the despotic ruler does not allow any supervision whatsoever on his performance. He shall not be responsive before the public and any objection might lead to severe punishment.
Work Cited
· Soroush, Abdolkarim, Compromise and Management, Serat Cultural Institute, Qom, 1999
· Javadi Amoli, Abdollah, Islamic Jurisprudence, 7th Edition, Asra Publications, 2008
[i] Soroush, Abdolkarim, Compromise and Management, 362
[ii] Javadi Amoli, Islamic Jurisprudence, 446
Translated by: Sadroddin Musawi
Other links:
Islamic Jurisprudence
Differences between a Monarchic and Islamic System of Government
