Relationship between state and individuals in terms of İslamic Civil Law

The main objective of establishing a state or a government by individuals is to put peoples religious and secular conducts in an order. While government is a direct result of individuals' actions, its establishment is for their benefit. On the other hand, the government coordinates the religious and secular conducts with the authority given by the wali, vekil and şari of people. Government should administrate adhering the Sharia Law. If not, peoples' obedience to the government will be out of question since this renders the government'slegitimacy questionable. This implies that peoples' obedience to the government is limited and conditional. On the other hand, peoples' approval is an effective factor in the legitimacy of the government administration. The influence of the government on peoples' lives and the meaning of its decisions for people may differ depending on the subject of the decision. First of all, the government's ordinance is independent from the content of the verdict, but instead it remains as an external support to the verdict.Therefore, the validity of actions and conducts of an individual is independent of the government. This does not mean that government does not have control over individuals.Peoples' decisions that are dependent on the head of state's or the president's authority of becoming a wali, are contingent on the consent of the government due to the state of the president. On the other hand, people are responsible for the ordinance regarding the licit verdict for the benefit of society. Therefore, the government and the individuals are neither totally dependent on each other, nor are they completely independent. There are two things that shape the political standing of Şafiis. The first one, within the frame of prophet-hood, considers what the Prophet allegedly did or decided as the head of the state. The second one interprets Omer's alleged administrative practices, according to their own method and system.These two points differentiate Şafiis understanding of governmental administration from other schools of thought, and constrict the authorization of the government while giving relatively more space to the individuals. Key Words State, Individual, Right, Authorization, The Şafii Madhab.