Hujjat al-Islam wa al-Muslimin Mohammad Hossein Malekzadeh, a professor of advanced jurisprudential studies at the Qom Islamic Seminary, spoke at the webinar titled “Ijtihadi Governance for the Islamic Regulation of Virtual Life,” held on July 6, 2021, organized by the Office of Islamic Studies and Seminary Communications at the Cyberspace Research Institute. He said: Ijtihadi governance and comprehensive jurisprudence mean that all human beings throughout history are addressed by the Quran and the teachings of the Ahl al-Bayt (peace be upon them), though the nature of the discourse varies depending on the historical periods and geographical contexts.
He noted that life can be divided into five levels—individual, familial, social, governmental, and civilizational—adding: Comprehensive jurisprudence claims to cover all dimensions of these types of life, thus it does not rely solely on textual methods but also utilizes reason and science, and in terms of outcomes, it is comprehensive.
Malekzadeh explained that managing affairs through comprehensive jurisprudence is called ijtihadi governance, emphasizing: The most important aspect of ijtihadi governance is its distinct method of problem-solving. Ijtihadi problem-solving is not possible without knowledge and expertise; ijtihadi governance requires skill. Another component is its systematic and methodical nature, not acting arbitrarily. Additionally, precision and depth at the highest level exist in ijtihadi jurisprudence.
Malekzadeh added: Another aspect of ijtihadi problem-solving is the creativity and independent judgment of the jurist. The jurist has independent, non-imitative reasoning. Moreover, since the philosophy of a religious society is monotheistic and God-centered, aiming to manage society based on religion, the religious validity of solutions is crucial. In ijtihadi governance, beyond the governance method, the characteristics of the ruler are also important, which is precisely contrary to other types of governance worldwide that pay little attention to the ruler’s qualities.
Knowledge, Justice, and Prudence in Islamic Governance
The professor at the Qom Islamic Seminary, noting that knowledge, justice, and prudence are three key characteristics in ideal Islamic governance, added: Law-centeredness is a fundamental principle in Islamic governance, and no one, including the ruler or the supreme jurist (Vali-e Faqih), is exempt. According to narrations, the just supreme jurist, in addition to the roles of issuing fatwas and judging, also holds political and social roles. However, absolute authority does not mean unrestricted freedom; the supreme jurist is more strictly bound to act within the framework of sharia than others.
Malekzadeh stated: Another characteristic of the supreme jurist is knowledge and awareness; they must be the most knowledgeable person regarding divine and Islamic laws. In Islam’s view, an ideal society and individuals are rational, knowledgeable, and understanding, and among them, the supreme jurist must be the most learned. According to Nahj al-Balagha, the most deserving person for governance is the one who is the most capable and the most knowledgeable about God’s commands in governmental matters.
Legitimacy of the Supreme Jurist Is Not Opposed to Acceptance
He explained that in the common political discourse in the country, there is an attempt to present religious legitimacy as opposed to public acceptance, emphasizing: However, in the Islamic perspective, this dichotomy does not exist. Sometimes, influenced by the general atmosphere, we lean toward a kind of intellectualism and fuel this dichotomy, but the intrusion of non-Islamic literature into our texts has caused this separation. In Islam, consulting public opinion is not a ceremonial or contractual matter; there are hundreds of narrations on this, supported by Quranic verses, and jurists have discussed it.
Malekzadeh added: If consultation is recommended for ordinary people, it is obligatory for the Islamic ruler, and failing to do so undermines their divine legitimacy. This is entirely Quranic and supported by religious texts. The phrases “their affairs are determined by consultation among themselves” (Quran, 42:38) and “consult them in affairs; then, when you have decided, rely upon Allah” (Quran, 3:159) confirm this. Some misinterpret the latter part of the verse, thinking it means deciding independently and relying on God, whereas it means that after consulting with the people and making a decision, rely on God.
Citing the Quranic verse “It is He who supported you with His help and with the believers” (Quran, 8:62), the professor stated: If the Quran had not said this, we would hesitate to say it for fear of being accused of polytheism. God says, O Prophet, I support you with the believers. In the Prophet’s (PBUH) practice, he sometimes prioritized the people’s opinions over his own and stood by the consequences. In Imam Ali’s (AS) governance, 17 officials and governors stole public funds, and interestingly, Imam Ali (AS) had mostly chosen them through consultation with the people. Thus, it should not be assumed that such issues would not occur under an infallible imam’s rule.
Characteristics of Liberal Governance in Cyberspace
Malekzadeh continued, noting that cyberspace governance has been a topic since the 20th century and is not entirely new, adding: The governance of cyberspace in the United States is liberal, with both strengths and weaknesses. One weakness is its disregard for ethical values, which has drawn protests from Europeans and Asians. The issue of cultural invasion is not unique to us; it is also raised in Europe, China, and African countries. Africans have specific dances for occasions from weddings to funerals, births, and farewells, and they protest why American dances should dominate their countries.
The professor of advanced studies added: Religiously, American society is far more religious than Europe, but surprisingly, it surpasses Europe in immorality and corruption. In Europe, secularism and indifference to religion are more widespread, yet they adhere more to ethical values and family principles. The worst forms of immorality in Germany and Japan were introduced by the United States after World War II as a form of narcotic influence, to the extent that on Valentine’s Day, many people in these countries participate in related ceremonies in the nude, whereas this is not the case in the United States itself. Incestuous marriages in Japan hold the highest rank globally because they have been heavily promoted. Despite this aggressive cultural imposition, Japan and Germany criticize the United States, arguing that this immorality does not originate from their own societies but is largely imported.
The professor at the Qom Islamic Seminary asserted: The prioritization of profit and markets is another negative aspect of American cyberspace governance. Additionally, viewing humans as subservient to technology is another weakness; they believe humans are, or soon will be, dominated by technology. This is criticized in Europe due to Heideggerian, Gadamerian, and hermeneutic perspectives. Treating people as customers in cyberspace is another negative aspect.
He added: Isolating humans from the external world and leaving them alone in cyberspace is another characteristic of liberal cyberspace governance. In Islamic governance, humans always see themselves in God’s presence, whether in cyberspace or the real world, but in liberal cyberspace governance, the god of cyberspace differs from the god of the real world. In contrast, maintaining family ties, neighborly networks, faithful brotherhood with believers, and participating in real collective worship are ijtihadi governance solutions to prevent immersion in cyberspace and maintain balance between virtual and real life.
Characteristics of Ijtihadi Governance in Cyberspace
The professor continued: In ijtihadi cyberspace governance, the virtual world is not separate from the real world but part of it. God exists in both cyberspace and the real world, and cyberspace is not unregulated. The actors in this space are real, so cyberspace is real enough that many of its sharia rulings align with those of the real world, though it also has specific rulings. Human responsibility is not absolved by being in cyberspace.
He noted that in the jurisprudential perspective, there is no prohibition on transferring functions to cyberspace, and some religious duties, such as enjoining good and paying financial obligations, can be performed there. He added: Religion does not say cyberspace is outside my domain. While the Quran and narrations do not explicitly mention cyberspace, they include anthropology, theology, and ontology. Secular governance models, whether virtual or real, have two interpretations: one neutral toward religion and the other antagonistic. In France, they claim neutrality toward religion, but in Turkey, it is based on opposition.
Malekzadeh asserted: Naturally, since ijtihadi governance is not secular, its problem-solving approach should not be secular either. Unfortunately, some individuals adhere to religion in their personal lives but argue that earthly matters require earthly solutions, questioning ijtihadi solutions.
Source: Iqna