The Legitimacy of Cooperation between Muslim Jurisconsults and Secular Governments in the Realm of Legal Proceedings (Lawsuits)

The issue of cooperation between Muslim jurisconsults and despotic rulers and that of taking up governmental offices have been the subject of controversial discussions among the Muslim jurisconsults. Drawing upon the descriptive-analytic method, the present research seeks to find an answer to the basic question that ‘given the critical position of jurisdiction and exceptional status of a Muslim jurisconsult, who, from the Imamite (Imamiyyah) perspective, is regarded as the representative of the Divine Law in the period of Occultation, what decision can be made about the juridical cooperation between a Muslim jurisconsult with secular governments?’ The first thesis or answer to this question is that, on the basis of the preliminary legal decision, any sort of cooperation with the despotic ruler in a secular government is unlawful or forbidden. This decision can be established with recourse to some legal arguments. However, in cases of the appearance of secondary titles and consequently on the ground of secondary decision (rule), cooperation with such governments, including one’s taking up judicial office may become necessary. It is evident that this legal permit is bound to certain regulations of the secondary ruling as well as certain stipulations.