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General Principles-Part 15

  12/29/2014

Some of Islamic Sources of the Constitution:


Following are some of the Qur'anic verses and ahadith which served as source of inspiration for the makers of the Constitution of the Islamic Republic of Iran.

Chapter III: Rights of the people


(1) ...Allah, glory be to Him, has given me, in my capacity as the guardian of your affairs (wilayat al'amr), a right over you. Similarly, He has given you a right over me. The issue of rights is the vastest of subjects for discussion and description; but the rights themselves are the narrowest of things when it comes to sharing them equally They do not accrue in one's favour without accruing against him, and do not accrue against in without accruing in his favour. (Nahj al-balaghah, Khutab, No. 216)

(2) For me the weak is strong so long as I have not obtained his right for him, and the powerful is weak so long as I have not wrested from him the rights of others. (Nahi al-balaghah, Khutab, No. 37)

(3) Never overlook the rights of your brother on account of your terms (of fraternity) with him; for if you overlook his rights, he is not your brother (i.e., do not weaken the tie of brotherhood by exploiting it). (Nahj al-balaghah, Kutub, No. 31)

 

Article 14: Human rights and treatment of non-Muslims


(1) Cultivate in your heart the feeling of compassion for the people (ra'iyyah) and affection and kindness towards them. Never treat them like a predatory beast intent on devouring its prey; because they are of two kinds: eiher your brethren in faith, or your fellowmen in kind. (Nahj al-balaghah, Khutab, No. 53)

(2) God forbids you not as regards those (non-Muslims) who have not fought you in religion's cause, nor expelled you from your habitation, that you should be kindly to them, and act justly towards them; surely God loves the just .(60:8)

 

Article 19: Equality


(1) O mankind. We have created you male and female, and made you races and made you races and tribes, that you may know one another. Surely, the noblest among you in the sight of God is the most God-fearing of you. (49:13)

(2) O mankind, your Lord is one and you have descended from one ancestor  the Arab, neither a black-skinned man over the red-skinned, nor the red-skinned over the black-skinned - except on account of piety. (The Prophet's hadith, from al-Qurtubi. Tafsir al-Qur'an, vol. 16 p. 342).

 

Articles 20,21: On women


(1) And of His signs is that He created for you spousesof yoyrselves, that you might repose in them, and He has set between you love and mercy... (30:21)

(2) And whoever does a right deed, be it male or female, believing, We shall recompense them their wages according to the beast of what they do.

(3) ... Women have such honourable rights as obligations, but their men have a degree above them... (2:228)

(4) Do not charge women with matters beyond that which personally concerns them; for woman is a flower, not to be burdened with administrative duties. (Nahi al-balaghah, Kutub, No 31

 

Articles 22, 28: Freedom


Do not make yourself a slave of anyone when God has made you free. (Nahi al-balaghah, Kutub, No.31)

 

Article 34: Judicial justice


And spare a part of your time for the complainants, wherein you sit for them at public audience, and bear yourself with humity therin for the sake of God, Who created you. (On such occasions) you should dismiss your troops, assistants, guards, and policemen, so that anyone who wishes to speak may do so without fear. I have heard the Apostle of God (S) say more than once that God would not bless a people among whom the rights of the weak are not wrested from the strong without trepidation. (Nahi al-balaghah, Kutub, No. 53)

 

Article 40: The impermissibility of imposing loss or injury on anyone


...and the Prophet (S) gave his judgement, saying, " inflicting loss or injury (on someone or causing (someone) to endure with an injury or loss are not (legitimate in Islam)". (Wasa'il al-Shi'ah, Shufah, Shufah, Bab 2)

 

Articles 4,72,91,105,170: Obedience


(1) O believers, obey God, and obey the Messenger and those in  Refer it to God and the Messenger, if you believe in God and the Last Day ... (4:59)

(2) ...And whoso judges not according to what God has sent down -- they are the unbelievers. (5:44)

(3) ...And whoso judges not according to what God has sent down - they are the unjust. (5:45)

(4) ...And whoso judges not according to what God has sent down-- they are the corrupt. (5:47)

(5) ...The judgement is God's alone... (6:57)

(6) ...Whosoever transgresses the bounds of God those are the unjust. (2:229)

(7) There is no (legitimacy in) obedience to a creature when it requires disobedience to the Creator. (Nahj al-balaghah, Hikam, No. 165)

 

Article 8: Al.'Amr bi al-maruf wa al-nahy an al-munkar


(1) And the believers, the men and the women, are friends of one another, they bid to honour, and forbid dishonour ...(:71)

(2) Let there be one nation of you, calling to good, and for bidding dish on our ...(3:104)

 

Article: The duty to adopt what is best


...So give you good tidings to My servants, who give ear to the Word and follow the fairest (meaning) of it ... (39:17,18)

 

Article 3: Negation of hardship (usr) and impediment (haraj), and the waiver of constraint (idtirar)


(1)... God desires ease for you, and desires not hardship for you... (2:185)

(2)... and He laid no impediment in your religion... (22:78)

(3)... God does not desire to make any impediment for you... (5:6)

(4)... Yet whoso is constrained, not revolting nor transgressing, no sin shall be upon him... (2:173)





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