Turning the Collective Obligation into an Individual Obligation in the Arena of the Political System

Collective obligations have been legislated as a part of religious obligations and related to the general interests of the society, for the purpose of achieving the Legislator’s goal in the society. While the fulfillment of these obligations in simple societies or in the time of the jurist’s limited latitude is referred to the mass of the responsible persons, and the "man bihi-l kifāya"[۱] of the believers should comply with the obligation and fulfill the obligation in the external environment, in complex societies and at the time of the jurist’s authority, these obligations cannot be fulfilled except in the light of the systematic, coherent, up-to-date and efficient management of the society, and leaving them to the masses of the obligated persons (mukallafs) does not provide the Legislator’s final goal. This theory believes that the order, in collective obligations, is addressed to the society (as a legal personality), and the chief manager of the society (as the agentive cause of the society) – to whom is documented the address to the society –is responsible for the citizens’ performing their duties; and he ensures the realization of the Legislator’s goals in the society by determining the "man bihi-l kifāya" from the citizens and establishing institutions appropriate for the type of legal goals.

Keywords:

collective obligation , governmental obligation , society , legal personality , "man bihi-l kifāya" , Political System