Both are two theories of western
democracy. They have appeared in Europe after the bloody conflict in the Middle Ages
and went on for several centuries thereafter. This is because Europe was ruled by kings
and it’s political scene was dominated by the theory of “the Divine Right of kings”. This
theory states that the king has the divine right to rule the people. Therefore, he has full
right to control the people. Therefore, he has full right to control legislation, authority
and the administration of the law. The people are his subjects and have no right except the
right to obey. According to the king’s point of view they are slaves who have no opinion
or will of their own and their duty is confined to obey and carryout his word. These kings
oppressed people to the utmost, so people cried out everywhere and revolts broke out, but
kings used to extinguish them by force. True, this force used to get rid of revolutions but
it did so only temporarily, because these revolutions were carried out and backed by the
whole people, especially by scholars and thinkers. Revolutions were primarily intellectual
but they soon turned to be bloody. In the meantime, several theories appeared to get rid
of the theory of Divine Right of Kings, which kings claimed. The most important of these
theories are two: Sovereignty is the nation’s and, the nation is the source of authority.
People found that it is
inevitable to abolish “The Divine Right of kings” entirely and make legislation and
authority the right of the nations solely. So a new point was brought out: the people are
masters, not slaves; it is they who choose the governor they want; consequently two
theories arose: “Sovereignty is the nation’s” and “the nation is the source of authority”.
To realize these theories the republican system was established.
The theory of sovereignty
stated that the individual has a will and the ability of execution. If his will is taken away
and run by someone else he becomes a slave. But if he directs his will by himself he
becomes a master. The people should master their wills by themselves because they are
not slaves of the king but are freemen and as long as they are the masters of their will and
no one has any authority over them, they are the ones who have a right to legislation and
the administration of the law.
Slavery means submission to
the will of others. To liberate the people from slavery, it is inevitable that they should
alone master their will by themselves. They have the right to enact the law which they
want and to cancel the law which they refuse. As a result, the flames of revolutions for
liberation broke out kings were removed and the “Divine Right” turned to be a thing of
the past. The theory of the nation’s sovereignty was set up and applied. The people
became the legislator and parliaments came to represent the people and exercise
sovereignty on their behalf. For this cause, one hears them say: Parliament is the master of
itself because it represents the people who alone possess sovereignty.
Sovereignty means supreme
power over the will and, its direction. But if the people can exercise their sovereignty by
finding representatives who legislate, they cannot practice their authority by themselves
directly, therefore, they have to deputize some persons to do so. So they entrusted
execution to them. Consequently, a theory was established: the nation is the source of
authorities; that is, it is the one which appoints its body of authority, namely, those who
take over the government and are put in charge of the execution of the law. The
difference between sovereignty and authority is that former implies will and execution, that
is, it includes the conduct of the will and executing. In contrast authority is concerned
with execution but does not include the will. Therefore, the legislation of the nation is
done by the nation’s deputies. From this we don’t say the nation is the source of
legislation, but we say legislation is the nation’s because the nation practices it by itself.
As for authority, the nation cannot practice it by itself because it is practically infeasible.
Therefore, it is inevitable to entrust execution to some other body to practice it on its
behalf. Thus, authority is not the nation but it is carried out by the governor and the judge
through the nation’s authorization. So the nation is the source of authority.
This condition of the nation in
the West as the master of itself opposes the condition of the Islamic nation, the latter is
ordered to carry out all its acts in accordance with the Shari’a rulings. The Muslim is a
slave of Allah: he does not conduct his will, nor does he carry out what he wants, but his
will is conducted by Allah’s imperatives and interdictions, and he is the executor.
Therefore sovereignty is not the nation’s but is due to the Shari’a, while the execution,
that is authority and only authority is the nation’s. And because the nation cannot exercise
its authority by itself, it has to entrust it to its deputies, and the Shari’a came to show the
way to exercise authority through the Caliphate system. As a result sovereignty belongs
to the Shari’a and authority the nation’s.