THE LAWS WHICH HAVE A RIGHT OF VETO
Another aspect of Islam which has given this religion the characteristic of mobility and applicability to varying circumstances, and has kept it as a living and everlasting religion, is that within it there exists a body of laws whose object is to control and modify other laws. They are called by the jurists, 'the governing rules'.
The rule of "No harm" and "No loss", that a law will not apply to those cases in which it may cause hardship or harm the interests of an innocent person, pervades the entire legal system. The object of such rules is to control and modify other laws. In fact Islam has given a veto power to these rules which change other rules.
POWERS OF THE RULER
In addition, there is a further series of checks and balances which has given this religion the characteristic of finality. Ayatullah Na'ini and Allama Tabatabai have, in this respect, mostly relied on the powers delegated by Islam to the righteous Islamic Government.
THE PRINCIPLE OF IJTIHAD
The Pakistani poet and philosopher, Iqbal, says that Ijtihad (the deducing of laws from their original sources) is the motivating force of Islam. He is right in saying so. But what is more important is that Islam has a special quality of being amenable to Ijtihad. No other religion possesses this quality in the same manner. The internal structure of Islam has been so designed that, with the aid of Ijtihad, it can always cope with the ever-changing pattern of the requirements of life.
Abu Ali Sina (Avicenna) in his book, Al-Shifa, has based the need of Ijtihad on this very principle of ever-changing requirements. He says that conditions of life change constantly. New problems frequently crop up, but the fundamentals of Islam are constant and unalterable. Hence, in these circumstances, there should be some people who, with their full knowledge of all the points of law and precepts, may be able to answer all the questions which may arise from time to time, and thus meet the needs of the people.
The constitution of Iran provides that a body consisting of not less than five Mujtahids (eminent scholars of theology, capable of practising Ijtihad) should keep a watch on the laws enacted by the State from time to time.
The idea is that such people, as are neither rigid and opposed to the modern developments, nor uninformed, blindly following others, should keep a watch on the legislative activity of the country.
It is worth mentioning that Ijtihad in the real sense means specialisations and requires a deep insight into the fundamentals of Islam and a thorough knowledge of the principles of Islamic jurisprudence, which naturally cannot be claimed by everyone who might have passed some time in an Islamic academy.
No doubt, it is a lifetime job to specialise in the principles and precepts of Islam, and it requires Divine help besides a taste, a talent and a special aptitude.
Apart from specialisation and Ijtihad, some people may acquire knowledge to the extent that their views may be regarded as authoritative. Such people must be pious and God-fearing to the utmost extent possible. The history of Islam mentions those people who, despite their vast knowledge and high morals, were cautious and fearful when they expressed their opinions, on points of law.
