مجموعه مقالات دومين همايش مردمسالارى دينى - جمعى از نويسندگان - الصفحة ٣٠٦
that says: ' God certainly likes individuals to be free in the realm of His permissive laws, as He likes them to be committed to His binding laws'.
[١]
Hence, the initial situation outside the reaim Of religious binding laws is freedom of individuals( the idea of the initial situation of freedom ).
A complementary idea here is ' the initial' situation of equality' of all members of society. As an Islamic tradition expresses, ' all people from the era of Adam up until the present time are equal such as the teeth of a comb'.
[٢]
Furthermore, Tabatabai, a prominent Interpreter of the Qur'an, in interpretation of a verse, which indicates that all men were ultimately borne from the same parents,
[٣]
suggests that men are equal with each other in being human, and there is no privilege for any one over others. Thus, no one has any right to expioit or dominate over others.
[٤]
According to another Islamic tradition, the initial situation of equality is reinforced by the fact that all human beings have been created by the same God.
[٥]
Therefore, all human beings initially are equal because they have the same God and ultimately the same parents, The corollary of the idea of the initial situation of equality will be the equality of the preferences of each citizen where there is no binding religious concem( the idea of the initial situation of equality ).
What follows from the above premises in the realm of non- established laws lies in ' the principle of equal right for each citizen in legislation', This right requires that each citizen be able to participate in the procedure for legislation with equal weight in all stages, that is, setting the agenda, arguing for his view and against alternatives, and voting for the outcomes. What they should respect in their equal right to legislation is confined to acting within the framework set by the explication phase, which is intended to safeguard their common concem, as defined by the inherited Islamic basic laws. Therefore, the second phase of religious democracy can be defined as a procedure in which the individual preferences of each member of the community is aggregated through the participation of all adults with
[١] ---،-،!. ١،(:-، ١٩٨٦)،. ١٤٤
[٢] ---،-،. ٨٩.، ١٢
[٣] - ، ١٣، ٤٩.
[٤] -،-- ،!. ٢، ١٨،(:--، ٢٠٠٢)،. ٣٢٩- ٣١
[٥] -،، ١٦،(:--، ١٩٩٩)،. ٢٠١.