Evaluating the Relationship between the Content of Bey'at in the Political Thought of Shia with the Nature and Function of Vote in Modern Constitutional Law

Abstract

In the political system of Shia, popular participation in establishment and continuity of government is based on the concept of Bey'at, which- in its most prominent model- is concluded in the form of a social contract with political agents. In modern law, election is the most significant element in the realization of the representation system and national sovereignty is exercised through representation system and right to vote by electing ones. There is a disagreement regarding the likeness of Bey'at withvote and election the settlement of which is dependent upon the examination of the nature of Bey'at. From the viewpoint of Shia jurisprudence, Bey'at can be considered as a binding and independent contract which only implies emphasis and does not set up a duty for Muslims. In fact, the right of people to self-determination is exercised in the framework of referring to the Welayatand Ummat (Islamic community) is not allowed to accept the Welayat of another person other than Imam(the competent Islamic ruler). People are obliged to discover the Imam in accordance with the existing indicators and do Bey'at with him. It is unlike election in which people can rule anyone upon their destiny through the right to self-determination, and the vote of the people independently, intrinsically and perfectly is regarded to be legitimatizing, and the will of the people exclusively establishes the required criteria in the representative.

Keywords

• bey'at
• vote
• welayat
• political participation
• election