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Old 09-03-2012, 11:21 PM   #12
UriyVlasov

Join Date
Oct 2005
Posts
511
Senior Member
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1. Can't the first issue that you mentioned about election and selection be solved through ijtihaad?

2. Though it is much far fetched but possible that if people are Islamically educated , they will vote for the Islamic minded person. Secondly , the council , who shall be the chief legislator can set some rules for the candidates such as they can set a minimum level of Islamic studies , him being a pious God fearing person , his character being good etc as the prerequisites for the candidates before going into the elections.
the first issue isn't actually a problem. it is a preferred opinion versus a new thing. so I doubt Ijtihaad is even needed. then again if the Qadhi deems that appropriate because of lack of good options to choose from or too many good options then perhaps that can be accepted.

second thing you mentioned can be done perhaps after 10-15 years of living under shariat. then people might vote for an Islamic minded person. again the chief legislator would eventually have to deem someone worthy of standing for elections based on personal conduct. why can't he just choose the appointment anyway? the need for election here would again arise out of the two situations i mentioned in above paragraphs.
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