| المستخلص: |
In this study, the researcher discusses one of the most sensitive and important issues related to rulership, mainly that of '"azl al-hakem" which means discharg¬ing a ruler from his office to his original position. The researcher has framed the study based on theo¬logical and jurisprudential maxims. The former includes "Taking into consideration the consequences of ac¬tions" while the latter includes "When two evils exist, the greatest evil is avoided by undertaking the lesser of the two", "People are entitled to dispose of their prop¬erty as they see fit" and "A ruler's administration is con¬tingent upon the interests of his people". Jurists have discussed a number of causes for discharg¬ing a ruler of his office and these include: -Oppression. In this regard, the researcher discusses the rulings for appointing a person who is known to be an oppressor and a transgressor as a ruler and for discharging him from his office in less than peaceful means. -Despotism and abandoning the practice of consulta¬tion. Al-wilayat al-'amma (universal guardianship) is a nation's prerogative; it is impermissible to infringe upon this right and forgo consultation. Thereby, a na¬tion's administration rests upon its consent or else en¬mity and tyranny will ensue. -The troubled conditions of Muslims. The reason be¬hind appointing a ruler is to implement religion and manage the people's interests and polities. A ruler who neglects either of these aspects causes religious degen¬eration, violates his nation's vested rights and upsets the conditions of Muslims. Acknowledging and obeying such a ruler or being forced to obey him is a bane while discharging him of his office and appointing another is in the people's best interests. Therefore, it is a duty to achieve and optimize the interests of the people and minimize and check corruption. Scholars have acknowledged a number of peaceful means for discharging a ruler from his office, the most important of which is through the decision of ahl al-hal wa al-'aqd (those qualified to elect or depose a ruler on behalf of the community) though this does not conflict with the general public's right to confirm their decision. Rather, al-mashura al-khasa (special consultation by a specific group) on behalf of the public usually concerns matters which are difficult to decide upon by public vote. - Popular movements. Over the course of history, this has taken different forms, the most prominent of which are demonstrations, strikes, civil disobedience etc... These protests are among the means of express¬ing opinions and pressuring rulers. There is no harm in benefiting from such means provided they are not prohibited in themselves. This is considered a collective practice of enjoining right and forbidding evil included under advising the ruler. Popular movements must not lead to greater harm.
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