The Analysis of the Thesis of Right of People in View of People's Right to Vote and the Process of Vetting (Candidates)

Right of people (haqq al-nÁs) is an important concept referred to in the Qur’Án and traditions as a strong support for preserving the rights of all individuals in a society. It was of such a broad scope in Islamic jurisprudence that extends beyond the boundaries of political jurisprudence to cover ‘election’. The introduction of the doctrine of right of people into the question of election represents the fulfilment of dynamic ‘independent judgment’ (ijtihÁd) in relation to government. The main question of this article looked at in an analytic way is the role of ‘right of people’ in the process of right to vote (suffrage) and the right to be a representative. For the question of right of people in the process of election covers several cases the most important of which can be referred to as the right to vote and the right to be a representative. To be free in voting and the idea of voting open to all people (without any form of restriction) referred to as ‘universal suffrage’ constitute the most important issues relevant to the right of people and the right to vote. To be free in voting consists of the processes before, during and after the election. Vetting the candidates, approving or rejecting a particular candidate as disqualified and people’s vote for their own representatives are instances of right of people. There are two approaches in this regard. One insists on the necessity of qualifying electoral candidates and the other puts emphasis on the necessity of disqualifying electoral candidates. The principle of the ‘rejection of one’s authority over the other(s), and the ‘precautionary principle’ are subjects of discussion in the Science of Principles. The abovementioned principles are appealed to by the first approach and the principle of qualifying electoral candidates is addressed by the second approach. Given the necessity of commitment and expertise on the part of representatives for the good administration of the affairs, the first approach is preferable to the second one.