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The Definition and Jurisdiction of Religion
By: Ayatullah Professor Muhammad Taqi Misbah Yazdi
There is another basic issue here, which is of course, a separate subject for discussion and investigation, so, mentioning it should suffice for the moment.
The question is: What is the extent of religious jurisdiction? Does the jurisdiction of religion encompass all aspects of human life? Or, should some aspects of human life be delegated to the intellect, knowledge and will of the people. Before learning whether government and religion are related or not, and whether the separation of religion and politics is true or not, we need to know religion first.
Those who wish to examine at the outset, through an external method, the principle of the need for religion and the extent of its jurisdiction in the life of man will question —Is politics a part of religion in Islam or not? In this context, their arguments deal with the extent of expectations from religion, and whether they should be maximum or minimum— that is, dose the jurisdiction at religion encompasses all arenas of human life or it just encompasses a part of it and most of the human live aspects should be left to the intellect; science and desires of people.
When the advocates of non-interference of religion in government defined religion, they acquired a definition of religion in keeping with the secularist inclination. For example, they said that religion is meant to organize the spiritual relationship between man and God. Or, in a somewhat broader and more extended sense, religion is something which can be influential in the otherworldly life—assuming that the otherworldly life exists—and in organizing the life of man in relation to the hereafter. Naturally, if religion is defined as such, it can easily be said, “What does politics have to do with religion?
Politics has nothing to do with the relationship between man and God, for it only deals with the relationship between human beings, and is, therefore, beyond the jurisdiction of religion. Politics is related to the life in this world and has nothing to do with the other world.” In addition, if the jurisdiction of religion covers only the things which man is incapable of understanding, it follows that wherever the intellect passes judgment, it is no longer within the jurisdiction of religion; jurisdiction of religion lies where there is no place for intellect!
If in presenting the definition of religion, we limit its jurisdiction and scope, confer all matters to the human intellect and understanding, religion will not be needed in areas where our intellect is capable of solving problems. We will need religion only in cases which the intellect is incapable of understanding and solving. With the passage of time and the advancement and divergence of human life, the need for religion will decrease because, religion is meant to meet needs which the intellect is incapable of meeting. In the beginning, man could not benefit much from science and civilization. He was still in need of religion since he could not solve many problems with his intellect. Gradually, his need for religion decreased and since recent years he seems almost free of its need. Yes, secondary issues which he could not understand with his intellect, and had no hope of solving them soon, he referred to religion. (Regrettably, it must be stated that some so-called Muslims have claimed that at this time when the human intellect has reached perfection, we have no more need for religion, revelation and devotional commandments.)
Given this outlook and explanation, it is concluded that politics has no relation with religion. Once we can solve and settle political issues by relying on the intellect and rational arguments and investigations, we are no more in need of religion!
What has been said is among the misgivings expressed in this regard to which we shall answer in brief. It must be stated that the definition they have given to religion, regarding it to be related only to the otherworldly life and relationship between man and God, is false and unacceptable. The claim that political issues of man have no relation with God and are beyond the domain of relationship between man and God is alien to the true nature of religion. Religion means the code of proper human conduct according to the will of God.
If in belief, in the acceptance of values and in his individual and social acts man acts in accordance with the will of God, he is religious. On the contrary, if his beliefs are against the will of God, his accepted values are inconsistent with the values acceptable to God, his individual and social acts are contrary to that which are pleasing to God, and if he has any defect in any of them, his religion will be defective. Religion, therefore, embraces all the above domains.
The need to know religion through its sources
If we want to define religion, we have to see how the One who has revealed it and its followers define it. If we coin a definition that says sociopolitical issues are beyond the domain of religion, this is not the religion sent down by God. In order to know the religion of God, its scope, mission and aim, we have to examine its sources and content.
Someone once said: “I do not accept Islam because the arguments being advanced to substantiate its authenticity are weak, or—God forbid—I have proof of its falsity and incorrectness.” Such a claim is debatable. It is improper and illogical for someone to say with the assumption of accepting Islam that “Islam is that which I say and not what the Qur’an, the Prophet and the Imams have said, and to which the Muslims are attached.” If a person wants to argue about the correctness or incorrectness of Islam, whether he adheres to it or rejects it, he has to know Islam first, by referring to the commandments of God, its Founder and Revealer, through the Qur’anic order to know religion and present its definition and jurisdiction, we have to refer to the religious sources, viz. the Book and the Sunnah, and we should not define religion according to our ill-founded opinion, or base it on the definition of an American or European orientalists whose words do not constitute a proof for us.
If a person wants to talk about Islam of the Muslims, he has to talk about the Islam which has been elucidated by the Qur’an, the Prophet (s) and the Imams (‘a), and based on this Islam which originates in the Qur’an and Sunnah, he should define and state its jurisdiction, and not base it on an Islam defined by a certain orientalist, writer or statesman in a certain encyclopedia which is certainly of no value to us. Islam confines the jurisdiction of religion to human intellect and understanding as one of the means of knowing Islam.
Meanwhile, once a person who has little knowledge of the Arabic language—though he has no knowledge of the exegesis, nay brief exegesis, of the Qur’an—refers to the Qur’an, he will realize that Islam has not neglected social issues but dealt with them. How can it then be said that religion is separate from politics?!
If religion is that which is revealed in the Qur’an, it embraces sociopolitical issues, deals with civil, penal and international laws as well as devotional matters and personal morality. It has prescriptions for family life, marriage, child-rearing, transactions, and commerce. What then, is outside the jurisdiction of Islam? The longest verse in the Qur’an is about transactions, loan and mortgage. If Islam is really the religion introduced in the Qur’an, who can say that Islam has nothing to do with the social life of people?
If issues pertaining to marriage and divorce are not a part of religion, issues related to trade, mortgage, selling, and usury are not related to religion, and the issue on wilayah and obedience to the one vested with authority [uli’l-amr] is not part of religion, what then is a part of religion, and which religion will we be talking about? As far as the Qur’an is concerned, it has repeatedly talked about these issues.
Some say, “We do not accept the religion which embraces sociopolitical issues!” Well and good! After all, those who did accept Islam were not few. Now, there are still those who do not accept Islam, and we have no hostility with them. If they want, they can come and talk with us so that we can show them this universal Islam, and if they do not want, they are welcome to choose whatever they want: “And say, ‘[This is] the truth from your Lord: let anyone who wishes believe it, and let anyone who wishes disbelieve it’.”[2][11]
Those who say that they accept Islam, and not regard it as encompassing all these issues, yet express concern about each of its social laws are totally lost. Is that which is in the Qur’an and Sunnah not Islam? They neither accept its prayer and other forms of worship, nor its laws; neither its sociopolitical laws, nor its marriage and divorce laws. What remains of Islam, and which Islam are they talking about? Their words can do no more than deceive a number of ignorant individuals.
Religion means divine baptism in the life of man: “The baptism of Allah [sibghat Allah], and who baptizes better than Allah?”[3][12]
The life of man can have either a divine or a satanic hue. If this life has a divine color, it epitomizes Islam. If we want to discuss the origin and source of divine baptism, we need to know the religious references, and apart from the Qur’an, the Sunnah and rational proofs, we do not know of any other Islamic source. Based on these sources, Islam encompasses all devotional and political, social and individual domains, and a cursory and casual glance at the Qur’an is enough to clearly prove that it is impossible for the religion referred to in the Qur’an to set aside sociopolitical matters.
A set of laws and values which do not deal with social and political issues, has nothing to do with Islam, because Islam, which has been explained in the Qur’an and which we are defending, includes the totality of political, social and devotional matters. Politics is considered as one of its essential elements and main domains. We have nothing to do with “Islam” which is presented according to the writings and statements of European and American writers. We regard them as alien to the spirit and substance of pristine Islam.
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