Praise be to Allah, Lord of the Worlds, and prayers and peace be upon Mohammed the last Prophets of Allah.
Among what the nation witness is that doubt and defamation of the Islamic political system, accusing it with weakness and backwardness, and it doesn't accompany the reality and the time of our age, especially the way which the nation leader, president or the caliph has been chosen by, so I decided to clarify one part of the political system in Islam, that body which is in charge to chose the caliph or the president, which the Islamic jurisprudents call as " The People of Will and Solution" it is a try to show this body, define it and the nature of duties that it acts,
I divided the research paper into three topics: the first topic is: The Definition and the Legality.
While the second topic is about its characteristics. Then the third which is about the duties which they are in charge of, and I conclude my research by some results:
1- That the political system in Islam achieved the first steps on showing the theories and the concepts which dealt with its details, and turned it to a living reality, coming over the problems of the place and time through applying it, because it has the rules which has the power to adjust with the new matters, the conditions changing, but it should be guaranteed that it will stay inside in the Islamic system, without any need to beg the positive systems.
2- The body of "The People of Will and Solution" is in charge of choosing who will be in the highest rank of the authority whether he is a president or a caliph, checking his performance through keeping the people on the Allah's path, and ruling by Allah's legislation, and to fire him if he commits something which recommend him to be fired, by doing so it acts on behalf the people's rights, so they represent the nation.
3- The higher body of "The People of Will and Solution"(legislatures) is in charged of ratifying the caliph recognition act after the negotiation with the rest of The body of "The People of Will and Solution", and also deduction the laws, also the decision and the laws which is registered by the specialist from the rest of the body of "The People of Will and Solution" to be sure that it will achieve what is consider to be good for the nation and not to be against the holy Quran and Sunna, or the general rules, to be applied or refused. So the responsibility of the higher body is the final confirmation on what had been issued by general body of the body of "The People of Will and Solution".
4- The people who involved in this body should have some characteristics which are: Islam, adultness, manhood, freedom, knowledge, justice, wisdom, the good opinion and arrangement, work for the Islam and has the first step for the sacrifice, religious, living in the Islam lands.
5- It has four general duties which are: choosing and ratifying the recognition, watching and dismissing, consultation, jurisprudence and deduction the laws. |