The Principle of Hardship and Pressure Management

The Principle of Hardship and Pressure Management
(May his pure soul be sanctified)
By Ayatollah Mohammadreza Nekounam

Catalogue Details:

• Author: Mohammadreza Nekounam
• Title: The Principle of Hardship and Pressure Management
• Publisher: Sobh Farda Publications, Islamshahr
• Year of Publication: 1399 (Iranian Calendar)
• Pages: 138
• ISBN: 978-600-6435-63-3
• Classification: Fiqh, Jurisprudential Principles

Foreword

It has often been said that Islamic jurisprudence (fiqh) should revolve around the “Noble Quran.” The Quran is the most important source in legal discussions, especially for new issues, particularly emerging social matters. Only the Quran can provide the correct rulings for contemporary issues and lead the jurist to paths free from doubt, unanswered questions, and uncertainty. However, this requires that Quranic jurisprudence be extracted in a structured, rule-based manner, where the principles of Quranic fiqh are organised and understood in their correct form. The richer and clearer these rules are, the more developed Quranic jurisprudence becomes, and its fundamental principles are revealed with greater accuracy.

One crucial topic in Islamic jurisprudence that has gained significance in modern times, particularly in the context of forming an Islamic system and intertwined social structures, is the principle of “hardship” (عسر و حرج) and “unbearable duties.” Understanding the negation of these two concepts in religion is key to solving many societal issues, especially in times of maximum external pressure, such as sanctions and the imposition of limitations by foreign powers or adversaries. This understanding can be a guiding principle in political pressure management.

It is essential to note that the difficulty of an action, which refers to the nature of the act itself, differs from the concept of “unbearable” or “hardship” that pertains to the ability of the individual to bear it. There is rarely an obligation free from some form of difficulty or hardship, yet the issue here is not that type of difficulty. Naturally, difficulty in performing a task is an inseparable part of the actor and cannot be avoided. Thus, a task cannot simply be disregarded due to its hardship. Hardship and difficulty are natural to life, yet what religion rejects is the concept of “unbearable duties” and “hardship” that disturbs the ordinary course of life, especially in modern and systemic societies. None of the plans and programs of the Islamic system should impose such an exhausting burden on the lives of its people.

It should be noted that throughout history, Shia jurisprudence has itself suffered from hardship, with the oppression and tyranny of unjust rulers always dominating it. Shia fiqh has lived under forbidden circumstances, and its legal deductions have been shaped by a climate of oppression and the necessity of precaution (taqiyyah). The policy of repression has not only been severely imposed on the infallible Imams but also on the Shia scholars, especially after the tragedy of Karbala. This led to the recommendation of precaution, isolation, and loneliness for the Shia. In such an environment, Shia scholars never held power and were forced to think from a position of isolation and weakness. This social weakness made Shia jurisprudence poor in terms of its social topics and disconnected it from its original source, thus taking it away from the societal and political dimensions that were once part of its essence. However, it flourished in the realm of individual worship, even though it lacked scientific methodology in studying the wisdom and rationale behind rulings, thus weakening its approach to worship and rituals.

It is natural that such jurisprudence did not center around a civil and systemic society, and its social and political management did not take shape. It always remained in the state of emergency, hardship, and fear of tyrannical rulers.

The Understanding of Fiqh

The commonly accepted definition of fiqh, which refers primarily to tribal societies, is as follows:
“Fiqh is understanding in language and the knowledge of the detailed rulings derived from the evidences of the Shari’ah.” This definition is attributed to the scholar al-Ma’alim. He equates “fiqh” with “understanding,” which, however, is not a perfect synonym. As scientific literature does not generally contain true synonyms, we see that while words can have similar meanings, they are not identical.

One of the scholars who provided a more precise definition of fiqh is Mulla Sadra. In the final section of his al-Asfar al-Arba’a, he clarifies the terms used in the book, stating that these terms are often mistakenly regarded as synonymous, when in fact they are conceptually related. Mulla Sadra explains that fiqh is “the knowledge of the objective of the speaker,” or understanding the purpose behind the words, not merely the literal meaning of the text or its immediate words. Thus, a “faqih” (jurist) is one who understands the intended purpose or goal of the lawgiver from the legal texts and can derive rulings accordingly.

This definition aligns with the understanding of fiqh found in the Quran, which emphasizes understanding the ultimate objective behind divine guidance rather than merely understanding the surface meanings of words. For instance, when it is said that “they do not understand the meaning of it” (Quran 7:185), the focus is on not understanding the deeper purpose of the speech, not merely on the inability to comprehend the words themselves.

Fiqh is thus more than an understanding of detailed rulings; it involves the insight into the purpose and higher objective behind the divine laws, a perspective that is essential for a comprehensive understanding of Shia jurisprudence. This deeper understanding enables jurists to apply the rulings in a way that is relevant to contemporary and systemic societies.

On the Concept of “Fiqh” in Islamic Thought

In this verse, it is stated that the hearts of this group are such that they cannot grasp the purposes, and are deprived of understanding the realities, despite possessing knowledge.

• (بِأَنَّهُمْ قَوْمٌ لاَ يَفْقَهُونَ) [10].
• (قُلْ نَارُ جَهَنَّمَ أَشَدُّ حَرّآ لَوْ كَانُوا يَفْقَهُونَ) [11].

In this verse, the meaning of the severity of the Hellfire refers to “fiqh” rather than general knowledge. The fiqh of Hell and the intensity of the fire of Hell require something beyond knowledge.

• (وَجَعَلْنَا عَلَى قُلُوبِهِمْ أَكِنَّةً أَنْ يَفْقَهُوهُ) [12].
• (ذَلِکَ بِأَنَّهُمْ قَوْمٌ لاَ يَفْقَهُونَ) [13].
• (ذَلِکَ بِأَنَّهُمْ آمَنُوا ثُمَّ كَفَرُوا فَطُبِعَ عَلَى قُلُوبِهِمْ فَهُمْ لاَ يَفْقَهُونَ) [14].

These verses indicate that when the hearts and minds of a group are sealed, they are unable to comprehend truths and objectives. In other words, they cannot understand or engage in “fiqh.”

• (الْمُنَافِقِينَ لاَ يَفْقَهُونَ) [15].

A heart full of hypocrisy, deceit, and darkness can never grasp the subtleties and “fiqh.” The understanding of allusions is a form of aesthetics and requires reflection and the ability to extract meanings.

• (وَجَعَلْنَا عَلَى قُلُوبِهِمْ أَكِنَّةً أَنْ يَفْقَهُوهُ) [16].

If the heart and soul of a person are covered with veils (akin to desires, attachment to the world, sins, or aversions), they will not be able to understand truths, meanings, and objectives.

• (فَلَوْلاَ نَفَرَ مِنْ كُلِّ فِرْقَةٍ مِنْهُمْ طَائِفَةٌ لِيَتَفَقَّهُوا فِي الدِّينِ) [17].

This verse is one of the only references in the foundations of fiqh that refers to acquiring knowledge of the detailed rulings. If someone, as a jurist, attributes a ruling to the Shari’ah, is it obligatory for others to accept it, or must they investigate it themselves? This verse points to the necessity of understanding the deeper meanings of religion, not just the detailed rulings (li-yatafaqqahū fī al-dīn), which implies a broader understanding of the religion.

• (لاَ يَكَادُونَ يَفْقَهُونَ قَوْلًا) [18].
• (بِأَنَّهُمْ قَوْمٌ لاَ يَفْقَهُونَ) [19].
• (إِنَّا جَعَلْنَا عَلَى قُلُوبِهِمْ أَكِنَّةً أَنْ يَفْقَهُوهُ) [20].
• (وَطُبِعَ عَلَى قُلُوبِهِمْ فَهُمْ لاَ يَفْقَهُونَ) [21].
• (بَلْ كَانُوا لاَ يَفْقَهُونَ إِلَّا قَلِيلًا) [22].

This noble verse states that only a few individuals possess fiqh. The scholars of religion, who understand the goals of the Shari’ah and the purpose of creation, are a rare few. The concept of fiqh is a rare one, and in the verses mentioned, the affirmative aspect of fiqh and understanding is limited to five verses, while other verses, which are three times more in number, speak of its negation.

Fiqh and Religious Understanding from the Perspective of Hadith

• Imam Baqir (A.S.) said:
  “All perfection is found in three things: active thought in religion, patience in the face of adversity, and moderation in livelihood and expenses.” [23]

This hadith defines the scope of fiqh as being related to religion in its entirety, not just limited to detailed rulings.

• Imam Hasan al-Askari (A.S.) stated:
  “As for those among the jurists who preserve themselves, protect their religion, oppose their desires, and obey the command of their Lord, the common people must follow them. This applies only to some of the jurists, not all of them… they misled and harmed the weak among our Shia more than the army of Yazid harmed Husayn ibn Ali and his companions.” [24]

This narration, quoted in full by Sheikh Ansari in his book Al-Rasa’il, emphasizes the importance of moral integrity and true understanding in a jurist. If unqualified individuals claim religious knowledge, they could harm the followers more than external enemies.

Fiqh and its Three Foundations

In our writings and lessons, we have emphasized that Shi’ite fiqh must be based on a methodology of subject understanding, criteria identification, and legal ruling interpretation.

Fiqh should be approached experimentally, with a laboratory method for understanding the subject matter and the criteria, leading to the legal ruling. One should not engage in legal analysis without first understanding the subject and criteria. Such a method could result in superficial conclusions rather than genuine understanding. A jurist’s ignorance of the subject, particularly in new issues, distances them from reaching religious rulings and risks introducing distortions to the religion.

The first step for a jurist is subject identification. The jurist must have knowledge of the subject of the legal ruling and the criteria that underpin it. The second step involves understanding the underlying wisdom (ma’lāk) behind a ruling. For example, the Qur’an explains the wisdom behind the law of retaliation (qisās), stating: “And in retaliation there is life for you, O people of reason” [25].

The criterion identification requires experience and should be grounded in the Qur’an and authentic hadith to gain authority. A jurist must use this method to find the real ruling and not base their decision on assumptions. Furthermore, a jurist must have a profound understanding of the subject at hand before attempting to apply or give a legal ruling.

The Application of Fiqh in Modern Society

The understanding of fiqh should not only be theoretical but should adapt to the real-world complexities. As the Islamic system becomes more integrated into modern life, the jurist’s role is to anticipate new subjects, understand the underlying criteria, and issue rulings that are consistent with both the letter and spirit of the Shari’ah.

Fiqh must address the emerging needs of society. This requires an interdisciplinary approach, combining modern scientific research with the classical knowledge of fiqh. The jurist should also be aware of the social and technological challenges of their time and adapt their rulings accordingly.

This modern application of fiqh goes beyond personal rulings and includes the governance of societal issues. The Qur’an emphasizes this in Surah Al-Imran: “Say, ‘Come to a word that is equitable between us and you'” [26].

The jurist must possess a deep knowledge of the subject, rather than relying on the general public’s understanding or customary knowledge.

Fiqh, in the Shi’ite tradition, emphasizes the importance of rationality and understanding the underlying wisdom behind religious rulings. This is in contrast to other schools of thought, which may not always prioritize this kind of reasoning.

Fiqh is not merely a set of arbitrary rules but is based on reason, wisdom, and understanding the broader objectives of the Shari’ah. A jurist who comprehends these elements is in a better position to guide the community and adapt religious rulings to the contemporary world.

The Islamic system, being a living phenomenon, requires constant care and attention to prevent it from being subjected to undue pressure and to ensure its continued health. This necessitates a vigilant approach to the social environment, maintaining sensitivity to the feedback, responses, and reactions of the community, ensuring that the principles of tolerance, satisfaction, and the contentment of the majority are preserved. Failing to do so will lead to social discord, dissatisfaction, and the erosion of public trust in the system, resulting in the loss of popular support.

A wise and prudent leader, having considered all necessary rules and regulations, applies the religion in a flexible and fluid manner, ensuring that the community does not fall into a state of negligence or excess, nor into hardship, pressure, or deprivation. The harmony between the laws and the capacity of the people must be maintained.

It is true that the late Ayatollah Naraqi applied this principle to the individual and their personal obligations, but this is because during his time, the concept of the Guardianship of the Jurisprudent (Wilayat al-Faqih), which he himself advocated, had not yet been practically established, nor had an Islamic government come into being. We have presented examples of how the application of laws changes in the context of an empowered Islamic system in the 9-volume book The Heights of Shia Jurisprudence. In this work, we compare our contemporary views with the jurisprudence presented by Ayatollah al-Uzma Golpayegani in his era. This book demonstrates that the element of “time” as part of a legal issue leads to the development and dynamism of societal culture, and, as this growth and awareness occur, the jurist must adapt the laws accordingly. In matters that are novel and emergent, the jurist must uncover the relevant rules and achieve the intended goal of the Lawgiver.

A life of hardship and pressure, especially that of the kind found in hyperactivity, drains psychological security and peace of mind. An unbearable burden, a torturous lifestyle in harsh conditions akin to prison or the strictness imposed by orders and prohibitions, is an example of excessiveness and oppression, neglecting human compassion and kindness. This principle must be applied to both individual and collective obligations. Moving according to the principle of hardship is coercive, leading to a dead-end. Religious laws should always be accompanied by mercy, ease, and leniency, avoiding harshness, intolerance, and compulsion, lest they result in evasion, confusion, and deviation.

Quranic Evidence

The Quranic sources supporting the principle of the negation of hardship and difficulty, which are based on rational guidance, emphasize that God does not wish to impose hardship upon His servants and affirms that He has only assigned duties within the capacity of individuals, not tasks that would lead to hardship and difficulty:

• “And He has not laid upon you in the religion any difficulty.” (Quran 22:78)
• “Allah does not intend to make difficulty for you.” (Quran 5:6)
• “Allah intends for you ease and does not intend for you hardship.” (Quran 2:185)
• “Allah does not burden a soul beyond that it can bear.” (Quran 2:286)

Analysis of the Verses

Since the verse “And He has not laid upon you in the religion any difficulty” (Quran 22:78) is general, it applies not only to individual obligations but also to collective responsibilities, rejecting any hardship in the societal and collective aspects of the Islamic system, just as it does in personal duties. This universality is further emphasized in the verse “Allah intends for you ease and does not intend for you hardship” (Quran 2:185), which serves as a fundamental law applicable across all legal matters within the Islamic framework. These verses affirm that all laws and commands of the government must be designed to ease the lives of the people, tailored to their capacity, and avoid unnecessary coercion and hardship.

The concept of “hardship” refers to enduring and unrelenting pressure and difficulty, which only transitions into “ease” when it is alleviated. A religious life for all members of society should be easy, joyful, expansive, and, as the Quran describes, “ease” should prevail. A life marked by hardship, on the other hand, results in chaos and does not require law; it becomes inherently destructive.

Based on these noble verses, economic laws and religious decrees should not impose hardship. To achieve this, laws must be ranked and applied regionally in ways that are easy to accept and implement, aligning with human nature and avoiding conflict with personal desires. Through cultural development, gradual education, and the ability to enforce these laws, the system will reach higher stages where the meaning of religion will be understood as one of dignity, kindness, sweetness, and compatibility, not hardship, bitterness, and violence. The Quran explicitly states:

• “Allah does not burden a soul beyond that it can bear.” (Quran 2:286)

In a society free from hardship, no one is tasked with more than they can bear, as exceeding one’s capacity leads to psychological strain and overburdening. This capacity refers to the general human ability, not the philosophical or crisis-related capacity that can expand in times of emergency.

We have discussed the characteristics of a society free from hardship in our book The Laws of a Healthy Economy and Eradicating Poverty.

The last verse is a reference to the principle of “what is beyond one’s capacity” and affirms that no law imposing unbearable burdens should be legislated for any community. However, laws that are intended for discipline, punishment, and retribution may sometimes be enacted, as was the case with previous communities. But for the final community, which deserves both divine mercy and grace, these laws of hardship and difficulty are removed. The Prophet (PBUH) sought from the believers that heavy burdens be lifted from them, and that difficult duties, which existed in previous religions, be abolished out of His mercy for the Islamic community.

Due to the severity and difficulty of such burdens, they are given priority in removal, and the wise leader will never impose them as an obligation.

Hadith Evidence

Numerous narrations provide evidence for the principle of negating hardship and difficulty in religion. The late Ayatollah Naraqi has included nearly twenty narrations on this in his book ‘Awa’id al-Ayyam’, and we shall present some of these narrations. From these narrations, one can infer the negation of hardship in both individual obligations and in the duties and management of the Islamic system.

The Hadiths that can serve as evidence for the principle of removing difficulty and hardship in religion are numerous. In his book Awā’id al-Ayyām, the late Narāqī has cited nearly twenty Hadiths, and we will present a portion of those here. From these Hadiths, the principle of negating hardship (Harj) can be understood, both in individual duties and in the social and collective duties of the Islamic system and governance.

— In Qurb al-Asnād, from Imam Sadiq (AS) from his father, who reported from the Prophet (PBUH): “God gave My Ummah and preferred them over other nations, granting them three characteristics that He did not give to the prophets. One of these is that when God sends a prophet, He tells him to strive in his religion without hardship upon him. And God gave this to My Ummah when He said: ‘And He did not make hardship upon you in the religion.’ He said, ‘That refers to distress and difficulty.'”[36]

Analysis of the First Hadith:

The wise and just God has not made any distinctions among His servants, as stated in the Qur’an: “You do not see any difference in the creation of the Most Merciful” (Qur’an 67:3). The nations of the past were burdened with arduous and difficult obligations because, without pressure and difficulty, they would not have reached their full potential. Ease would have led them to negligence and ingratitude. That is why they exerted extra effort. The principle of negating hardship was not suitable for those previous nations. However, for the final Ummah, which has a complex, expansive, and enduring nature, the negation of hardship has been granted. Just as a father, considering the best interests of his children, grants some of them special privileges, the Prophet Muhammad (PBUH), as the last prophet, is timeless and leads his community to the ultimate fulfillment. For this Ummah, the excess exertion and imposed hardships do not apply. If difficulty and hardship are in the way of spiritual advancement, they themselves become obstacles. Thought and spiritual realizations, in an environment free from pressure, are the key to the health and happiness of the community, and ease and comfort make progress possible. Therefore, there is no real distinction between the servants in the eyes of God, but the difference lies in the laws and the hardships imposed on the previous nations, which were appropriate for their specific circumstances and spiritual development. This difference is further elucidated in the following verse of prayer and supplication: “Our Lord, do not hold us accountable if we forget or make a mistake; our Lord, do not place upon us a burden as You placed upon those before us” (Qur’an 2:286).

The phrase “And He did not make hardship upon you in the religion” in the Qur’an (Qur’an 22:78) is a specific cause for a general rule that applies to all laws and obligations in Islam. This verse negates any form of pressure, restriction, or difficulty in both individual and social duties. Thus, the management system and laws of an Islamic state must be designed in such a way that unbearable burdens or hardship do not infiltrate the laws and actions, ensuring the mental peace and worldly and spiritual welfare of individuals.

— In Sahih al-Zurārah from Imam Muhammad Baqir (AS), it is mentioned that when the obligation of ablution (wudu) for those who do not find water was established, wiping part of the face was considered instead of washing it. He said: “God does not want to impose hardship upon you” and “hardship is narrowness.” [42]

Analysis of the Second Hadith:

In the obligation of wudu (ablution), water must touch the entire face and hands. If part of these body parts remains dry, the wudu is invalid. However, in the case of tayammum (dry ablution), there is no need to wipe the entire face and hands; only a symbolic act of wiping is sufficient. Even if it is a long time without water or a valid excuse, it is still permissible to perform tayammum in such circumstances.

This hadith, which deals with an individual’s obligation to perform wudu and tayammum, shows the principle of “God does not want hardship for you” (Qur’an 22:78) by illustrating the flexibility allowed in religious rituals to ease burdens on individuals.

This principle is not confined to individual obligations like wudu or fasting but applies to all aspects of religious duties. Even though these examples might seem to refer to specific cases like wudu or tayammum, the general principle applies universally across all aspects of religious duties.

— Sahih al-‘Abaṣīr reports from Abu Abdillah (AS) that a person asked him about a man who is impure and is washing himself, and drops water into a container. He said it is permissible to continue using the water in that container because “God has not made hardship upon you in the religion.” [45]

— Similarly, Sahih al-Fadl ibn Yasār narrates that Imam Sadiq (AS) responded to an inquiry about a person in a state of impurity who drops water into a basin. The Imam clarified that there is no harm, as it is in line with the principle that “God does not want hardship upon you in the religion.”

Further Explanation:

These Hadiths provide clear evidence that religious obligations are meant to be practical and flexible, ensuring that people do not face undue hardships. The core message is that God wants ease, not difficulty, for His followers, and this should be the guiding principle in both individual and societal religious practices.

The expression “وما أمروا إلّا دون سِعتهم” and the phrase “دون ما يطيقون” mean that the obligations placed upon people are not equal to their full capacity or strength. Rather, they are given commands that are less than their ability, and thus, they are tasked with what is within their means, without causing them hardship or difficulty. Anything beyond their capacity is not imposed upon them and does not come to fruition. These expressions not only negate burdensome and overwhelming duties, but also exclude obligations beyond the natural ability of a person. Human beings, by nature, do not utilize all their strength and energy and tend to remain content with ease. Likewise, the Creator has assigned them obligations in proportion to their capacity.

Islamic laws do not chain human beings with burdens or hardship. On the contrary, they are designed to bring peace, tranquility, comfort, and psychological security. Being a Muslim is not about enduring severe, intimidating, or aggressive tasks, and the harsh treatment of zealous and rigid individuals should not be mistaken for the merciful and loving nature of God’s laws. As indicated in the narration “هذا دين الله الذي أنا عليه وآبائي” (This is the religion of Allah, which I follow along with my forefathers), we are not faced with anything other than God and the Infallible Imams: Their religion and approach to life are free of hardship or elements that cause discomfort or aversion, and they emphasize ease, leniency, and flexibility in governing both individual and social life. Anything that causes difficulty, slowness, weakness, or exhaustion is not acceptable in God’s religion. This is the noble characteristic of God, who never places hardship upon His servants. The expression “الله أكرم مِن أن يكلّف النّاس ما لا يطيقون” refers to God’s nobility, which leads Him to guide and nurture His servants, avoiding placing them in difficult or overwhelming situations.

The phrase “ما لا يطيقون” refers to the strength or ability to act, and the capacity to perform a task is inherent to the action, while hardship and suffering are attributes of the soul performing the action. As mentioned earlier, the removal of hardship and the imposition of tasks beyond one’s strength do not refer to tasks simply being difficult. The world is inherently challenging, and every action requires effort. Difficulties and hardships, by their nature, are part of every task. However, religious obligations do not inherently involve hardship or unbearable difficulty, as evidenced by the Quran’s description of prayer as “وَإِنَّهَا لَكَبِيرَةٌ” (Indeed, it is heavy), indicating that while prayer may be challenging, it is not a reason to abandon the command.

Terms like “ما لا يطيقون” refer to one’s ability to act, but hardship and suffering pertain to the individual’s inner self. Religious obligations may be challenging for an individual, but this does not prevent them from performing those duties. A person’s ability may be limited, but their capacity to fulfill the obligation still exists. For those who are immersed in divine love, fulfilling religious duties brings them joy and pleasure, while committing a sin is burdensome and painful for them. For ordinary people, who are generally focused on worldly comfort, fulfilling religious duties may be difficult, and refraining from sin can be a source of distress.

Hardship and suffering are related to the soul’s experience, while power and ability relate to the action itself. Therefore, the condition for fulfilling an obligation is the capacity to perform it, even if the action involves hardship.

The principle of “لا حرج” (no hardship) and the proportionality of obligations to one’s ability state that the difficulty or suffering imposed by the task is not about the personal challenges of the soul, but about the action or obligation itself. This means that difficulty is distinct from capacity, and one should not abandon religious duties merely because they are challenging, nor should obligations be imposed on someone beyond their ability.

The narration “إن الخوارج ضيّقوا على أنفسهم بجهالتهم وأنّ الدين أوسع من ذلك” points out that the ignorance and fanatical beliefs of the Khawarij were not in line with the true nature of Islam. Islam is a religion that embraces openness, inclusivity, and flexibility, unlike the narrow-minded and radical views that distort and introduce violence into the religion. Today, extremist groups, such as ISIS and the Taliban, as well as radical factions within Shia Islam, propagate their own political agendas, imposing oppressive religious laws and generating discord among Muslims. They distort the faith to serve their violent and narrow-minded ideologies, leading to rejection of religion and even hostility toward it.

In contrast, Islam, as a religion of mercy, simplicity, and ease, refrains from imposing laws that cause hardship, and its followers are called to live by principles of kindness, generosity, and balance in both personal and collective matters. Through this approach, Muslims are tasked with obligations that are within their means and free from undue strain, ensuring that their physical and mental well-being is protected, and that they are not burdened with overwhelming tasks.

This mercy and ease in the practice of Islam reflects the underlying principle of avoiding hardship and difficulty in all religious obligations. For example, a sick person is not required to fast, and if they are unable to do so in the following Ramadan, they are only required to offer compensation or a form of atonement. Islam allows for this flexibility, reflecting its broad, compassionate, and accommodating nature.

Ultimately, the core message is that Islam does not impose anything on its followers beyond their ability, ensuring that they can live their lives in comfort and health, without undue hardship or suffering. Islam’s approach is one of balance, where laws are designed to be practical and suitable for everyone, keeping in mind their individual capabilities and circumstances.

The phrase “وما أمروا إلا دون سعَتهم” and the phrase “دون ما يطيقون” indicate that the commandments are not just in proportion to human ability but are also less than their full capacity. Therefore, people are tasked with what is within their ability, without feeling burdened or distressed by the task. In this context, nothing beyond their ability is imposed upon them, and it never becomes actualized in a way that would cause discomfort or distress. These expressions negate not only burdensome and exhausting obligations but also tasks that exceed human capacity. A person, by nature, does not use all of their abilities and often seeks comfort, and God has commanded them to perform tasks that are less than their full potential.

Islamic rulings never chain humans with restrictions, hardship, or difficulty. On the contrary, Islam wishes for a peaceful and secure life that provides comfort and tranquility. Islam is not a religion of hardship or terror, and the actions of extreme or rigid individuals should not be confused with the merciful and kind approach of God. As the hadith “هذا دين الله الذي أنا عليه وآبائي” points out, we are not faced with a rigid or narrow view but with a system that promotes ease, avoiding any hardship or difficulty. It emphasizes ease and tolerance in managing both individual and social lives, making these principles fundamental in the implementation of all divine commandments. Anything that causes hardship, slow progress, weakness, or is exhausting does not align with the divine system. This is a compassionate approach from God, who would never impose difficulties beyond human capability.

The phrase “الله أكرم مِن أن يكلّف النّاس ما لا يطيقون” refers to God’s kindness, which fosters love and care for His servants. A generous person does not subject another to hardship and avoids such actions. The text “ما لا يطيقون” refers to what individuals cannot bear. As previously mentioned, what is eliminated is not just the hardship or difficulty, but also obligations that exceed a person’s capacity. The world, being a place of hardship, involves difficulty in any action, and that difficulty, in a relative sense, is inherent in all religious duties. For example, the Qur’an speaks about prayer being “كَبِيرَةٌ” or heavy. While prayer may be heavy, this does not excuse someone from fulfilling this duty. Phrases like “ما لا يطيقون” focus on human capacity to perform actions and abilities, while difficulty and hardship are attributes of the soul engaged in these actions, not of the task itself. Religious duties may be difficult, but they do not hinder one’s ability to perform them.

The essence of religious duties is that the capability to fulfill them lies within the person, even if the action is burdensome and difficult for the soul. Those who are absorbed in divine love find no difficulty in performing their religious duties; instead, they experience joy, delight, and happiness. On the other hand, for ordinary people, who typically seek worldly comfort, religious obligations may be tiresome and burdensome, especially avoiding sins. Hardship and difficulty pertain to the act itself, while capacity and endurance pertain to the person performing the act.

Therefore, the condition for an obligation to become effective is the ability and capacity to carry it out, even if the action involves difficulty or effort. This is the foundation of the principle of “لا حرج” (no hardship) in Islam. It is not the difficulty in carrying out the action itself, but rather the inability to perform it due to circumstances that make it impossible. Thus, the two concepts of “difficulty” and “capacity” should not be confused. Religious obligations might be challenging, but they do not render someone incapable of fulfilling them.

In the hadith “إن الخوارج ضيقوا على أنفسهم بجهالتهم وأن الدين أوسع من ذلك,” the ignorance and misinterpretation of religion by extremists is condemned. The religion of Islam is broad, inclusive, and simple, and it does not support narrow-mindedness or extremism. This is evident today in the violent groups like ISIS, Taliban, and some extremist factions of Shia Islam, who, through their narrow and radical views, distort Islam and impose burdensome and difficult rules on people, pushing them away from the true spirit of the religion. These ideologies have led to religious alienation, even causing some people to abandon Islam altogether.

For example, in modern air travel, many Iranians abandon religious practices such as wearing the hijab, avoiding alcohol, or consuming non-halal meat as soon as they leave the borders of Iran. This reflects the oppression caused by extreme and authoritarian religious views, which have stifled individual freedoms, forcing them to adhere to strict rules in a manner that leads to rebellion against these norms once the opportunity arises.

The narrow-mindedness, extremism, and enforcement of burdensome practices create a society where people conceal their true selves and develop grudges. It cultivates a tense and oppressive environment, leading to disillusionment and even anger towards the religion. Islam, however, is free from this kind of severity and oppression, and it calls for moderation and a rejection of harsh practices. This is why Islam, through its principles, offers a path of ease, freedom, and compassion, where people are commanded only to do what they are capable of and what will not harm their mental or physical health.

This moderate approach in Islam is deeply rooted in the principle of avoiding hardship. The religion encourages people to fulfill their duties and responsibilities without overburdening them. The clarity in the Qur’an and hadith regarding the need for ease is an important aspect of Islamic teachings. The concept of “لا يكلف الله نفساً إلا وسعها” (Allah does not burden a soul beyond its capacity) clearly emphasizes that human limitations are always considered, and the divine law is never meant to be a source of despair or difficulty. The flexibility and compassion inherent in this message reflect the deep wisdom of Islam, which aims to guide people to live harmonious lives with both their inner selves and the society around them.

This balance in Islamic teachings does not mean that one should avoid challenges or self-discipline. Indeed, Islam encourages personal growth, spiritual development, and moral excellence. However, the core principle is that these efforts should always be in line with a person’s ability. The focus is on making improvements in life without forcing oneself into extremes or unnecessary hardships.

Furthermore, Islamic law is built on the understanding that each individual is different, and their capacity to fulfill religious obligations varies. This is why Islam provides allowances for exceptions, such as exemptions for those who are ill, elderly, pregnant, or traveling. The practice of religion is not a rigid set of rules but a flexible system that takes into account the various conditions and circumstances people face.

In the context of extremism and rigid interpretations of Islam, it’s crucial to differentiate between what is prescribed by the religion and what is imposed by individuals or groups acting outside the true spirit of the faith. Extreme views, like those held by terrorist organizations, lead people to believe that the practice of Islam requires harshness and a narrow-minded interpretation of the law. In contrast, the teachings of the Prophet Muhammad (peace be upon him) emphasized tolerance, understanding, and kindness toward others, ensuring that religious practices never become a source of suffering or alienation.

These extremists distort Islamic teachings and create an atmosphere where fear and anxiety replace peace and tranquility. They undermine the very essence of the religion, which is meant to be a source of comfort and guidance. The true practice of Islam, as shown by the Prophet and his companions, is not about forcing others to adhere to strict and inflexible interpretations but about offering guidance in a way that nurtures both individual and collective well-being.

The principle of ease, or “يسر” (ease), is crucial in understanding the nature of Islamic law. It serves as a reminder that religious obligations should be approached with mindfulness of the individual’s abilities, with the ultimate goal being spiritual growth and a balanced, harmonious life. This approach stands in stark contrast to those who impose unnecessary hardship in the name of religion, disregarding the central Islamic values of compassion and understanding.

Islam’s emphasis on ease and the avoidance of hardship reflects a divine wisdom that transcends human understanding. By aligning religious practice with a person’s capabilities and avoiding undue strain, Islam encourages believers to foster a connection with God that is based on sincerity, not burden. This enables individuals to engage in their spiritual journey with joy, peace, and contentment rather than fear and anxiety.

Ultimately, this holistic approach to religious practice fosters a sense of tranquility in the heart and mind. It builds a community that values understanding, flexibility, and compassion, allowing individuals to grow in their faith while maintaining balance in their daily lives. By following the example of the Prophet Muhammad (peace be upon him), who embodied the principles of mercy, tolerance, and ease, Muslims are reminded that true faith is not about imposing impossible burdens but about finding the path that leads to spiritual peace and fulfillment.

Chapter Two:

Classification of Commands

General and Primary Conditions of Obligation

The general and primary conditions of religious obligation include: knowledge, reason, maturity, and ability. Obligation does not become valid without knowledge and awareness, and if there is an obligation, it must be conveyed and communicated. Maturity and reason are other conditions of obligation, and a child or a mentally incapacitated person (madman) has no religious obligations. The ability to carry out the object of the obligation is also a general condition of the obligation. An obligation does not fall on someone who is incapable of performing it. For example, fasting may be burdensome and harmful to the elderly or sick, in which case fasting is not obligatory for them, and moreover, their fast would be invalid; they are not allowed to fast. Similarly, a person who is unable to purify themselves or perform ablution (wudu) with water has the obligation to perform the ablution lifted and must perform tayammum (dry ablution) instead. This condition is a logical necessity and is consistent with the rational and reasonable foundation of religious laws. The Holy Qur’an says:

(لَا يُكَلِّفُ اللَّهُ نَفْسًا إِلَّا وُسْعَهَا)
“God does not burden a soul beyond its capacity.” (Qur’an 2:286)

This verse establishes that obligation is based on the person’s capacity, ensuring that no individual suffers undue hardship or difficulty. Rationally, people do not expect someone who is ignorant, weak, insane, or a child to be obliged to perform an act of duty. Obligation requires maturity, which is an essential factor for growth and development. Forcing a child to act against their capability harms their mental health and leads them to resentment and avoidance of obligations. Children are encouraged to perform religious duties gently and according to their ability. For example, they can be encouraged to fast for a few hours to foster a sense of duty.

Individual and Collective Obligations

An obligation may be individual, specific to a person, or it may have a collective aspect. The general conditions of obligation apply to all individual obligations, and everyone, even non-believers, becomes liable to questioning and accountability if they neglect it. This is supported by the jurisprudential principle: “Non-believers are punished for the branches (of religion) just as they are punished for the fundamentals.” A non-believer must overcome the obstacles to fulfilling religious duties, such as rejecting disbelief, and become Muslim, just as a person who prays must ensure their ritual purity before performing the prayer to make it valid and acceptable.

However, collective obligations, those that depend on the gathering of individuals or national solidarity and are linked to governmental or legal matters, have three possible scenarios:

1. A person has the ability to perform the obligation with the help of others but refuses to do so, in which case they are sinful and disobedient.
2. The person is unable to perform the obligation due to physical inability or other barriers, and no obligation is imposed on them, so neglecting it does not result in sin.
3. A person intends to fulfill the obligation but is unable to do so because no one accompanies them, leaving them alone without the strength to complete it, in which case no sin is committed.

Collective acts and public duties require the presence of volunteers and cannot be fulfilled without them. If these volunteers are absent, the obligation ceases to exist. However, anyone who intentionally neglects the task will be guilty, and the collective duty remains on them.

Governmental Obligations

If an obligation is imposed on a well-organized group and concerns a collective matter under government jurisdiction, the rulers and officials must possess maturity and reason. No one follows a ruler who is a child or insane. The public expects that the leadership of society is entrusted to the most knowledgeable and rational individuals, and these individuals are placed at the head of affairs.

However, the practical implementation of a religious system and the associated laws requires not only theoretical knowledge of religious rulings but also the practical ability to enforce them. A person who is not proficient in understanding religious rulings is not fit to form an Islamic government. Similarly, even if someone has access to a qualified scholar or possesses religious expertise, they cannot establish an Islamic government unless they have the practical ability to implement these rules. Therefore, the collective obligations of the government and its system depend on two conditions: knowledge and ability. Initially, the structure and content of deriving the laws must be understood, the intended goals of the lawgiver should be known, and then the methodology for implementing these laws practically, with wise planning based on the understanding of society, psychology, and collective behavior, must be developed. In cases where the scholar knows the religious laws and goals of the lawgiver but lacks the practical means or political context to apply the laws, the situation of “hardship and difficulty” prevails, and the scholar cannot resort to force or make the society operate under authoritarian conditions.

Priority of the Islamic System Over Specific Laws

With the establishment of the Islamic system, there may be situations in which the system cannot enforce some specific legal rulings due to the lack of public acceptance. One example of this is the explicit ruling of the jizyah (tax). The Qur’an says:

(قَاتِلُوا الَّذِينَ لَا يُؤْمِنُونَ بِاللَّهِ وَ لَا بِالْيَوْمِ الْآخِرِ وَ لَا يُحَرِّمُونَ مَا حَرَّمَ اللَّهُ وَ رَسُولُهُ وَ لَا يَدِينُونَ دِينَ الْحَقِّ مِنَ الَّذِينَ أُوتُوا الْكِتَابَ حَتَّى يُؤْتُوا الْجِزْيَةَ عَنْ يَدٍ وَ هُمْ صَاغِرُونَ)
“Fight those who do not believe in Allah and the Last Day, and who do not prohibit what Allah and His Messenger have prohibited, and who do not follow the true religion, from those who were given the Book, until they pay the jizyah (tax) with their own hands and feel themselves subdued.” (Qur’an 9:29)

According to this verse, Christians and Jews who wish to live in an Islamic society must pay the jizyah tax to the government, in a way that they feel humiliated by paying it. In modern times, if enforcing this law leads to pressure from other countries on the Islamic system, weakening its resistance and particularly harming the poor, it should be understood that due to the lack of power and resources, such a law is no longer an obligation. Protecting the integrity of the system and taking into consideration the welfare of the weak and vulnerable population becomes the priority for the ruler. A system that cannot apply religious laws is no longer considered an Islamic system, and even small losses may lead to significant ones. It is not necessary for all of religion to be applied in its entirety, but instead, it is possible for peaceful coexistence to allow equal rights for all citizens, irrespective of their religious affiliation, with the same rights to elect representatives and other citizen rights.

Similarly, if laws such as stoning, flogging, or execution, or even the imposition of specific dress codes, face significant opposition from the international community or even from the local population, it may not be feasible to enforce them. Applying such laws against the will of the majority may lead to tyranny, which contradicts the essence of Islamic governance. The principle of mercy and public welfare of Islam is far removed from dictatorship or authoritarianism. Any law that fails to consider natural societal contexts, or that imposes hardship and oppression on the people, loses its practical force.

The Relationship Between Minority and Majority with Laws

The implementation of religious laws requires public acceptance. This acceptance can take three forms: acceptance by the majority with opposition from the minority, acceptance by a minority considered false and opposition from the majority, or acceptance by a minority considered right and opposition from the majority.

If the majority of society accepts religious laws, the minority cannot impose their views or oppose the majority’s decision. The struggle of the minority only removes security from them and, due to the power of the majority, their persistence in defiance will lead to their eventual exclusion. Therefore, the opposing minority should respect the right of the majority, and Islam, where possible, shows mercy to them. This approach is in line with justice and rational, legal processes. Even in non-Muslim societies, no one can oppose the laws passed by the majority.

In the second case, where the majority is wrong and the minority is right, a government that enforces laws contrary to the wishes of the majority will create opposition. This will eventually lead to resentment, and such a regime lacks legitimacy. In the third case, where the minority is right and the majority is wrong, the ruler must decide whether to follow the majority or uphold the law as per the rights of the minority.

Conclusion: The Role of Public Acceptance

The practical application of religious laws depends on public acceptance. Laws, even if correct and legitimate, cannot be implemented without public support. Thus, any system of government that fails to consider this principle will not effectively enforce religious laws and will end up relying on force, leading to a breakdown in the application of justice and societal harmony.

No Compulsion in Religion

There is no compulsion in religion. Prophet Muhammad (PBUH) encountered widespread acceptance, and the majority of the people in Medina embraced him. This provided an opportunity for the guidance and direction of the minority opposition. However, during the time of Imam Ali (AS), the majority of the society did not accept him, and for reasons unknown, he was forced into isolation and withdrew from public life. Yet, twenty-five years later, with the acceptance of the majority, he was able to assume his rightful position.

The conduct and principles of the prophets and divine saints have never been associated with coercion and force. They gained power and social influence through the voluntary support of the people. They respected the freedom and choice of individuals, allowing everyone to follow their natural path.

It was the oppressive Pharaohs who adopted policies of force and subjugation of the masses. The Qur’an describes Pharaoh’s approach:

“So he made his people low, and they obeyed him.” (Qur’an 43:54)

Respecting the views of the majority is not only an essential aspect of religion, but it is also considered the best approach for governance and country management in the present world. A law is deemed legitimate if it is based on the perspectives of the majority and is ratified accordingly. The authoritative acceptance of a legal ruling, derived from the majority in a free and non-dictatorial environment, grants it legitimacy and the ability to be executed.

However, the nature of society and the majority is inclined towards self-interest, often choosing what benefits them. This requires that the principles of religious rulings be thoroughly researched and presented in a way that fosters their acceptance.

Ranking of Islamic Laws and Regulations

If religious governance enjoys popular support and does not rule with force or tyranny, but society is still not prepared to accept all religious rulings, the only reasonable and legitimate way to implement these laws is to organise and categorise them according to a scientific and natural order. Some rulings are clear and widely accepted, both in their religious basis and in their popularity, and are readily implemented. These rulings should be placed at the forefront of implementation.

Taking into account the religious significance of each ruling and the level of its social acceptance, religious laws are ranked, and their prioritisation is established. The Islamic system, through scientific investigation and cultural development, pursues the specific conditions for the implementation of each ruling, ensuring that enforcement does not become an act of coercion or force, thereby preventing the system from faltering. Only with such an approach can the Islamic system secure its stability, rooted in public cooperation and interaction, thus preserving its legitimacy and identity as both an Islamic and republican system.

Therefore, maintaining the system must be based on awareness, scientific research, and transparent understanding, particularly with regard to the religious foundations of the rulings and the social acceptance of their importance. Moreover, understanding the diversity of rulings—since they vary according to the rank and needs of individuals—helps prevent the imposition of rulings in situations of hardship or extreme difficulty, making the Islamic jurisprudence approach more effective and widespread without leading to social unrest.

The Necessity of Expertise and Public Acceptance in Religious Governance

Thus, religious governance requires scholarly expertise, correct and methodical jurisprudence, and the capacity to implement rulings naturally, without resorting to force or tyranny, and with public acceptance. A social system lacking the ability to implement these rulings naturally, with public consent, will eventually resort to force and oppression, leading to stagnation and resistance. Religious practices that are enforced through coercion, oppression, or hardship will inevitably cease to be followed.

Islamic rulings, when following their natural course, gain popular acceptance and avoid negative reactions from the public. However, if the execution of all religious rulings is enforced without regard to their social acceptance, or if the governance is based on rigid, authoritarian methods, this leads to an inevitable failure and societal harm. Such an approach results in economic struggles, brain drain, anti-religious sentiment, and an atmosphere of hostility towards scholars, all of which are contrary to the spirit of Islam.

The protection of the religious system lies in recognising that a balance must be maintained. This balance involves the careful ranking of religious rulings, consideration of the diverse nature of individuals, and avoiding imposition that leads to hardship. Only through such careful deliberation can the Islamic system achieve social harmony and remain resilient and just.

The Prohibition of Alcohol: A Concrete Example of Ranking Laws

The prohibition of alcohol is a common ruling shared across all Abrahamic religions. At the time of the Prophet Muhammad, alcohol consumption was widespread among the Arabs, to the extent that it could be considered an addiction in their society. Islam, in order to ensure that the prohibition of alcohol was accepted by the public, did not impose it abruptly but used a gradual approach, educating the society and fostering a change in mindset so that by the early years of the Prophet’s mission, alcohol was considered impure, forbidden, and socially unacceptable.

The ruling against alcohol was not enforced through harsh measures, but rather it was implemented through a step-by-step process, taking into account the social situation and the public’s readiness to accept it. The Qur’an revealed five verses regarding alcohol, progressively teaching the community to gradually abstain from it, without causing resistance to the ruling. Despite alcohol being prohibited in all Abrahamic religions, the stages of prohibition, as outlined in the Qur’an, reflect a balanced, gradual approach to societal change.

First Verse

The first verse that mentions alcohol is from Surah An-Nahl (16:67). In this verse, God does not outrightly prohibit alcohol but expresses discontent towards its consumption. Prior to this verse, references to beneficial substances such as water, milk, and honey are made, followed by the mention of alcohol, but without a direct command to forbid it:

“And from the fruits of the date palms and grapes, you take intoxicants and good provision. Indeed, in that is a sign for a people who use reason.” (Qur’an 16:67)

This verse, while not prohibiting alcohol outright, presents it as something for those who think critically and encourages those with wisdom to reflect on the benefits and drawbacks. The intention was not to create resistance but to offer a gentle reminder of the harmful effects of alcohol consumption.

Second Verse

The second verse, from Surah Al-Baqarah (2:219), discusses the benefits and harms of alcohol, acknowledging that there are some benefits, but its harm outweighs its advantages:

“They ask you about wine and gambling. Say, ‘In them is great sin and [yet, some] benefit for people. But their sin is greater than their benefit.’” (Qur’an 2:219)

This verse acknowledges the benefits of alcohol but firmly stresses that its harms are greater. The verse does not directly prohibit alcohol but instead encourages people to consider the negative impact it has on society and individuals.

Third Verse

The third verse from Surah An-Nisa (4:43) instructs believers not to approach prayer while intoxicated:

“O you who have believed, do not approach prayer while you are intoxicated until you know what you are saying…” (Qur’an 4:43)

This verse provides further guidance on how the social change against alcohol consumption was gradually implemented, with a focus on ensuring the clarity of the mind, particularly during moments of worship.

Fourth Verse

The fourth verse from Surah Al-Ma’idah (5:90) is the final and most explicit prohibition of alcohol:

“O you who have believed, indeed, intoxicants, gambling, [sacrificing on] stone alters [to other than Allah], and divining arrows are but defilement from the work of Satan, so avoid it that you may be successful.” (Qur’an 5:90)

This verse definitively prohibits intoxicants and gambling, classifying them as impurities (rijs) from the work of Satan. It urges believers to avoid them in order to attain success. The command is clear and unambiguous, marking the final stage in the gradual prohibition of alcohol in Islamic teachings.

Through these progressive revelations, Islam facilitated a smooth transition for its followers, allowing them time to reflect, understand, and adjust to the prohibition of alcohol. This approach is an example of the Quranic methodology of gradualism, recognizing the societal context and the psychological readiness of the people to embrace the change.

The Gradual Approach in Islamic Governance

The example of alcohol prohibition highlights a central principle in Islamic governance—the gradual implementation of legal rulings in accordance with the readiness of society. Just as alcohol was prohibited over a series of stages to avoid resistance, other laws and principles in Islam should be similarly adapted to the social and cultural context in which they are applied.

This gradual approach ensures that the laws are not only accepted by the public but are also more likely to lead to lasting social change. By avoiding sudden, drastic measures, the system allows for a more organic and sustainable transition towards the desired societal values and behaviors.

Islamic governance, therefore, is not about imposing a rigid set of rules but about understanding the dynamics of human behavior and implementing laws in a manner that respects the natural progression of society. This method fosters cooperation, reduces resistance, and promotes the well-being of the people.

The Role of Religious Leadership and Public Participation

For the implementation of Islamic laws to be effective, religious leadership must work closely with the public to ensure that their needs and concerns are addressed. This collaboration between the leaders and the people ensures that the laws are in harmony with the values and realities of society, creating a system of governance that is not only just but also widely supported.

Religious leaders, scholars, and policymakers must be attuned to the evolving needs of the community, adapting their approaches to the changing circumstances while maintaining a strong foundation in Islamic principles. In this way, the Islamic system of governance remains relevant, flexible, and in tune with the people it serves.

Conclusion: The Importance of Contextual Understanding in Islamic Law

In conclusion, the practice of Islamic governance is based on a deep understanding of the context in which it is applied. By respecting the readiness of society, the natural progression of social change, and the importance of public support, Islam provides a comprehensive framework for establishing a just and equitable system of governance.

The teachings of the Qur’an, exemplified by the gradual prohibition of alcohol, demonstrate the wisdom in implementing laws and rulings in a way that respects human nature, promotes social harmony, and avoids the pitfalls of forced implementation. This approach ensures that Islamic governance remains both practical and deeply rooted in the principles of justice, fairness, and respect for individual freedom.

Through careful, thoughtful application, religious leaders can foster a society that not only adheres to Islamic values but also thrives in a climate of mutual respect, understanding, and cooperation.

The establishment of the Fourth Power and the intellectual and deliberative pillar of the system, alongside the creation of a comprehensive and advanced scientific database for Islamic scholars and intellectuals in both Islamic and human sciences, as discussed in the “Basic Laws of the Religious Seminaries” and “Sociology of Religious Scholars,” evaluates, discusses, critiques, and analyses the opinions and ideas of scholars, jurists, philosophers, and scientists. These ideas are then observed under a system that actively monitors them across all aspects of implementation, so that they can be coordinated with the capacity and endurance of the people.

The structure and function of this vital pillar are outlined in the book “Laws of the Management of the Islamic System.” It is the only pillar that can realistically understand the future and create progressive plans and programs for it, while also safeguarding and protecting them.

The forces of this pillar draw from all distinguished branches and fields of scientific knowledge. Its central council is composed of individuals who have attained the pinnacle of knowledge, virtue, and justice, and who do not seek personal gain, fame, or authority. They willingly embrace the rigorous work of scientific research. These individuals neither hold parliamentary positions nor occupy executive roles in the government; rather, they are knowledgeable thinkers, researchers, and scholars who dedicate their days and nights to identifying problems and finding religious and legal solutions. This intellectual power, backed by well-equipped laboratories and the capacity to measure and assess any issue and its immediate social impact, allows for the systematic investigation of ideas that could potentially become law. This process ensures that the legal solutions are aligned with the people’s capabilities.

The function of this important pillar is described in the book “Laws of the Management of the Islamic System.” It is the only power capable of truly understanding the future and developing plans and programs to address it, ensuring that the outcome is coherent and realistic.

The forces of this pillar are composed of individuals from various scientific disciplines, and its central council is selected from individuals who have achieved the highest level of knowledge and virtue, and who are free from personal interests and political ambitions. These individuals dedicate themselves to scientific research and work to identify societal problems and propose religious and legal solutions. Through their scientific expertise, backed by research labs and advanced assessment techniques, these individuals help guide the system by offering legal solutions grounded in intellectual rigor. They are independent thinkers who offer solutions based on evidence, avoiding self-interest or political manipulation.

This intellectual power, through its rigorous scientific research and evaluation, stands in stark contrast to individual juristic authorities who work in isolation, often leading to divisions and conflicting views within society. The unity of thought among the intellectuals, thinkers, and jurists within the Fourth Power leads to a unified, coherent, and legal outcome that can be applied to the society, thereby reducing division and discord. This body of scholars ensures that legal rulings are based on scientific knowledge, practical evidence, and systematic analysis, which provides the credibility and legitimacy necessary for effective governance.

The absence of this intellectual power has resulted in a system where unqualified individuals, with no scientific or specialized knowledge, take on roles far beyond their capacity, leading to a crisis of governance. This situation is evident in the current state of Islamic jurisprudence, where those with limited knowledge or expertise dominate the field, while real scholars remain isolated, with little room for their ideas and contributions. This leads to an unhealthy situation, where individuals without proper training make decisions that affect the fate of society.

If this system is not rectified, the society risks the fall into weakness, decline, and eventual collapse, with the true teachings of Islamic governance being distorted into authoritarianism and dictatorship. The Fourth Power ensures that such distortion does not occur by continuously monitoring the actions of the ruling jurist and his decisions, ensuring that the structure and content of Islamic governance remain aligned with the true teachings of Islam, free from any claims of despotism or oppression. The intellectual forces within the Fourth Power maintain their independence from executive powers, providing unbiased and objective oversight of the policies and decisions being made. They operate within a system of free thought, immune from the pressures of political influence.

The intellectuals within this pillar are distinguished not only by their deep expertise but also by their commitment to justice. They are not driven by personal or institutional interests but are solely concerned with finding the most scientifically valid and just legal solutions. Unlike those involved in governmental or research institutions who may be motivated by personal interests, the Fourth Power is dedicated to a higher level of intellectual collaboration, involving jurists, scholars, and researchers who engage in collective thinking and produce well-reasoned, scientific rulings on contemporary societal issues.

This collaborative intellectual body ensures that legal rulings are not arbitrary or based on personal biases. Instead, they reflect the principles of justice, scientific rigor, and societal welfare. The individuals within this system do not engage in policy-making directly but influence the decision-making process through their expertise and analysis, ensuring that all rulings are based on sound evidence and consideration of the common good.

Moreover, the members of this intellectual body are provided with sufficient material support to avoid concerns over their livelihood, allowing them to focus on their research and thinking without distraction. In contrast to scholars burdened by financial worries, these intellectuals can dedicate their energy to providing sound legal opinions, free from any external pressures.

This focus on intellectual rigor and the proper separation of executive power from the intellectual pillar ensures that legal decisions are based on the needs and capacities of society, while maintaining a clear focus on the principles of justice and human dignity.

The Fourth Power thus plays a pivotal role in shaping the future of Islamic governance, ensuring that laws and policies are both just and aligned with the long-term welfare of the people. Through its careful monitoring and analysis, this power prevents the rise of authoritarianism and guarantees that legal rulings are grounded in solid intellectual foundations, ensuring the stability and health of the system.