This administrative system has nothing to do with Islam. These superfluous formalities, which cause our people nothing but expense, trouble, and delay, have no place in Islam. For example, the method established by Islam for enforcing people’s rights, adjudicating disputes, and executing judgments is at once simple, practical, and swift. When the juridical methods of Islam were applied, the sharī‘ah judge in each town, assisted only by two bailiffs and with only a pen and inkpot at his disposal, would swiftly resolve disputes among people and send them about their business. But now the bureaucratic organization of the Ministry of Justice has attained unimaginable proportions, and is, in addition, quite incapable of producing results.
It is things like these that make our country needy and produce nothing but expense and delay. The qualifications essential for the ruler drive directly from the nature and form of Islamic government. In addition to general qualifications like intelligence and administrative ability, there are two other essential qualifications: knowledge of the law and justice. After the death of the Prophet (s), difference arose concerning the identity of the person who was to succeed him, but all the Muslims were in agreement that his successor should be someone knowledgeable and accomplished; there was disagreement only about his identity.
Since Islamic government is a government of law, knowledge of the law is necessary for the ruler, as has been laid down in tradition. Indeed such knowledge is necessary not only for the ruler, but also for anyone holding a post or exercising some government function. The ruler, however, must surpass all others in knowledge. In laying claim to the Imamate, our Imāms also argued that the ruler must be more learned than everyone else. The objections raised by the Shī‘i ‘ulamā are also to the same effect. A certain person asked the caliph a point of law and he was unable to answer; he was therefore unfit for the position of leader and successor to the Prophet (s). Or again, a certain act he performed was contrary to the laws of Islam; hence he was unworthy for his high post.
Bureaucratic Makeup of Samanid State: Persianization of Islamic Caliphate
