The Meaning of Wilayat al-Faqih

The words “Wali” and “Wilayat” have the same root (w-l-y). From it’s primary meaning of “to be near or close to someone or something”, is derived the general meanings “to be in charge”, “to govern” and “to exercise authority”. In Islamic juristic (fiqh) terminology, the term “Wilayat” has several usages. Some of these are as follow:
1. Wilayat al-Qaraba
This type of authority (Wilayat) is given to a father or paternal grandfather over minors and those who are insane (even after the age of adolescence). This authority to act as a guardian is based on relationship.
2. Wilayat al-qada’
According to Imami Jurisprudence, the infallible Imam originally possessed the sole authority to judge amongst the people based upon God’s law and revelation. At this time, however, a just and capable faqih may undertake this responsibility with the Imam’s permission.
3. Wilayat al-Hakim
In this case, authority is given to a regular administrator of justice (hakim), to supervise the interests of a person who is unable to take care of his own affairs; such as a fool or an insane person. Whoever does not have a guardian (Wali), jurists say: al-hakim is the guardian of those who have no guardian.
4. Wilayat al-Mutlaqa (The Absolute Authority)
According to textual evidences, such as verse 6 of Chapter 33 of the Qur’an, Imami scholars believe that the Prophet and Imams have divine authority over the people. The verse states that the Prophet has more rights over the believers than they have over themselves; thus his discretionary authority is effective amongst the people. This same authority, according to Shi’a beliefs, is also bestowed upon the Imams.
5. Wilayat al-Usuba
According to Sunni jurists, this authority is connected to inheritance; it encompasses a class of inheritors. This category of Wilayat is not accepted by Imami scholars.
According to Imami doctrine, absolute authority (Wilayat al- Mutlaqa al-Elahiya) remains with the Absent Imam, even during his greater occultation. Therefore, in order to exercise authority, every just and capable faqih requires the sanction of the Imam, who is in turn designated by God as the possessor of absolute authority and guardianship.
Although all Imami scholars generally agree upon the doctrine of Vicegerency (Niyabat) that emphasizes the role of capable jurists as deputies of the Absent Imam, who are entrusted with a degree of his authority. However, the crucial issue is the scope and extent of this vicegerency and in which affairs the jurists have authority.
In order to clarify the dimensions of this discussion, it is necessary to examine the traditional roles and functions that qualified jurists undertake as deputies of the Imam.
Author: Ahmed Vaezy
Source: al-islam.org

What is Wilayat al-Faqih?

The doctrine of Wilayat al-Faqih forms the central axis of contemporary Shi’a political thought. It advocates a guardianship-based political system, which relies upon a just and capable jurist (faqih) to assume the leadership of the government in the absence of an infallible Imam. However, although the guardianship of a high-ranking religious scholar is universally accepted amongst all Shi’a theories of governance, any disagreement is focused on the details such as the role of the jurist and the scope of his authority.
Because the theory of Wilayat al-Faqih has emerged from Imamate - which constitutes a cornerstone of Shi’ism – it is necessary to understand this political doctrine within the context of this concept of leadership. By comparing it to the tradition political theory of Sunni jurists – the doctrine of caliphate – and characterizing it’s major features, we will be able to better understand and appreciate the doctrine of Wilayat al-Faqih.
In order to overcome the ambiguities surrounding the relationship between Wilayat al-Faqih and the position of an Islamic jurist as a source of guidance and imitation (Marja’a e-taqleed), it is necessary to discuss the various dimensions of guardianship in the absence of the infallible Imam. Also in order to respond to those who suppose that this doctrine is an entirely new thesis, which has only recently appeared in Shi’a jurisprudence, and argue that it opposes the traditional position of scholars and jurists, it is vital to briefly explain the historical background of Wilayat al-Faqih amongst the Imami Shi’a School of Islamic thought.
The Concept of Imamate
The political status of the Imams is an essential component of Imami Shi’ism. They are considered to be the true successors of the most noble Prophet Muhammad (pbuh), and those who subscribe to this Islamic perspective believe that any successor must be appointed by Allah, through his Prophet. However, there are those who attempt to reduce Imamism to a merely political attitude, a party that supports Imam Ali (pbuh) and his family as the sole legitimate successor to the Holy Prophet. Hence many Sunni scholars define Shi’ism as follows:
Shi’a are those who especially follow Ali and maintain his leadership and succession of the Prophet by his appointment (nass) and testament openly (publicly) or privately, and also believe that Ali’s authority (awla) never goes out of his descendants[18].
But the political authority of the Imams does not imply that their role and status are restricted to governance or leadership. For their followers, the Imams represent the highest level of piety and they embody the same qualities as exemplified by the most noble Messenger of God. As Anthony Black describes them:
The twelve Imams themselves, and above all the present twelfth or hidden Imam, were held to be necessary to the constitution of the Universe and of true religion. The Imam is God’s proof (Hujjah: guarantee), he is the pillar of the Universe, the ‘gate’ through whom God is approached. Knowledge of revelation depends upon him[19].
Some of the qualities attributed to the Imams, such as “proof of God” (Hujjah) and “the guardian” (Wali), which are discussed later, refer to their great authority and are essential to understanding Shi’a political thought. Ayatollah Khomeini described “proof of God” as follows:
A ‘proof of God’ is one whom God has designated to conduct affairs, all his deeds, actions, and sayings constitute a proof for the Muslims. If someone commits an offence, will be made to the ‘proof’ for adducing evidence and formulating the charge. If the ‘proof’ commands you to perform a certain act, to implement the penal provisions of the law in a certain way, or to spend the income derived from booty, zakat, and sadaqa in a certain manner and if you fail to obey him in any of these respects, then God Almighty will advance a ‘proof’ against you on the day of Judgment[20].
The Imams are considered to be the successors of the Prophet (pbuh) and the rightful recipients of his authority. This is not because they are from his family; rather, it is because they are pious, obedient to Allah and embody characteristics that are pre-required for this level of religious-political leadership. Equally so, they are not appointed by any popular consensus; Imamate is instituted by divine installation (nasb); only Allah truly knows who possesses the qualities required to fulfil this duty, therefore only He is capable of appointing them. Shi’a considers Imamate, like Prophethood, to be a fundamental belief, and obedience to the authority of their Imam a religious obligation. Other than receiving divine revelation, which is specifically for the prophets, the Imams have all the qualities, duties and authority of the Prophet (pbuh). Political and religious guidance emanate from them and they are guardians over the believers. This is a manifestation of Allah’s guardianship over human beings.
In addition to this, the concept of guardianship is another crucial element of Shi’a political doctrine.
Imam as “Wali”
In many verses of the Qur’an, God introduces himself as “Guardian of the Believers” (Wali ul-Mumineen):
Allah is the Guardian of the believers. [Chapter 3, Verse 68]
Allah is the Guardian of those who believe. [Charter 2, Verse 257]
Allah suffices as a Guardian. [Chapter 4, Verse 45]
And according to several verses of the Qur’an, this guardianship has been delegated to the Prophet, so his authority is rooted in the aforementioned Divine authority:
Only Allah is your Guardian (Wali) and His Apostle. [Chapter 5, Verse 55]
The Prophet has a greater claim on the faithful than they have on themselves. [Chapter 33, Verse 6]
Verses such as these illustrate that the authority and guardianship of the Prophet was originally established and legitimized by Allah’s appointment. Following this interpretation, the followers of the Imams provide a large number of traditions and historical evidence that confirm the delegation of the Imams, by Allah, through the Prophet (the doctrine of appointment) as “guardians of the believers” (Wali ul-Mumineen).
Although the consequences of this doctrine will be considered over the following pages, at this point it would be helpful to discuss the meaning of the terms “Wali” and “Wilayat” and their usage, especially with regards to jurisprudence (fiqh).
Arabic lexicographers have mentioned several meanings for the word “Wali”, such as:
(1) Friend
(2) Supporter
(3) Devoted
(4) Protector.
There are a series of words derived from the root of “Wali”, for instance “Wilayat”, “Mawla” and “Mawala Alayh”. By considering the context to which these are applied, it becomes apparent that they apply to the situation that someone’s affairs have been taken charge of by someone else. Therefore, whoever takes charge of these affairs is the latter’s Wali, and consequently it is often applied to governance as well[21].
When the term “Wilayat” is attributed to the Imams, it carries the implications of “mastership”, “sovereignty” and“lordship”. This is to indicate the authority of the Imam over the believers, who are subject to his guardianship. Imami theologians refer to the Qur’an (especially Chapter 5, Verse 55) and prophetic traditions to support the exclusive authority (Wilayat) of the Imams.
The absolute authority and guardianship of Allah (Wilayat al-mutlaqih) forms a central pillar of Imami political thought, which maintains that whoever wishes to exercise this authority must be appointed by Him. It is this idea that distinguishes Imamism from all other political theories and even other sects of Shi’ism; because although all schools of Shi’a thought agree that the Imam is subject to divine appointment through the Prophet, only Imamism tries to sustain this approach under circumstances when the infallible Imam is absent. In this doctrine, it is Allah alone who holds the absolute authority and He has explicitly appointed the Prophet and a number of believers (his family, i.e. the Ahlul-Bayt) as guardians (Wali), who are entrusted with authority over the Muslims.
Only God is your Wali and His Apostle and those who believe. Who perform prayer and pay alms while they bow. [Al-Qur’an, Chapter 5, Verse 55]
The last phrase, “those who believe”, according to Shi’a commentators refers to the Imams, whose Wilayat was instituted through their appointment by the Prophet[22].
However, what truly distinguishes the Imami political doctrine from all other forms of Shi’a political thought emerges from the Imami concept of leadership during the period of greater occultation; in which the Twelfth Imam is absent. The Imami creed adopts a system of vicegerency, whereby the authority (Wilayat) is entrusted to the just and capable scholar (faqih e-adil), who acts as a deputy to the absent Imam. Thus, the guardianship of a jurist is legitimized and his authority is related to the original and absolute authority of Allah. A clear distinction must be drawn, however, between the authority of Imamate and the guardianship of the scholars. The Imams, whose authority is established upon their explicit designation by the Prophet, delegate and entrust a degree of their authority to those who possess specific qualities (such as justice and jurisprudence in the case of the fuqaha). So whereas the Imams were specifically appointed as guardians of legitimate authority, the jurists (fuqaha) are not explicitly selected by name, but rather implicitly chosen as those who possess the correct qualities for leadership.
The scope of a jurist ‘s authority and the realm of his vicegerency constitute the most essential, while simultaneously controversial element of Imami political thought. However, before entering this crucial debate, it is important to distinguish Imami political doctrine from the political system advocated by the traditional Sunni Jurists, which is the doctrine of Caliphate.
The Theory of Caliphate
Despite the common disagreement amongst their schools of jurisprudence, Sunni jurists have traditionally advocated a specific theory of state known as Caliphate; a doctrine that, both as a political theory and significant historic reality, dominated the Islamic community for a considerable amount of time. In the interests of the present discussion, it is necessary to differentiate between the theory of Caliphate and the doctrine of Imamism.
Caliph essentially means successor, or one who assumes a position previously held by another. However, this word is not confined to the context of political authority, so a caliph may not simply be the successor of a previous governor, but also someone who is definitely appointed as a deputy and entrusted with authority by the person who appoints him, somewhat synonymous with ‘deputy’ or ‘vicegerent’[23].
Historically, the early Muslims are said to have applied the title of Khalifa to the first four rulers after the Prophet (Pbuh). In it’s most basic meaning, the Khalifa is one who exercises governance in place of the Prophet. Abu-Bakr was once approached by a man, who asked him “Are you the deputy of the messenger of Allah?” to which Abu-Bakr replied, “No.” The man asked, “So who are you”? Abu- Bakr answered, “I am the successor of the Prophet”[24].
Montgomery Watt writes:
Since Abu-Bakr was not appointed by the Prophet except to deputize for him in leading the public prayers, the phrase “Khalifa of the messenger of God” cannot have meant ‘deputy’. The primary meaning must have been merely ‘successor’[25].
Although many rulers of the Ummayid dynasty attempted to attach a divine status to the title of successor (Caliph), Sunni Jurists generally consider the Caliph to be a legitimate ruler who governs and directs the state and it’s society. His appointment is dependant upon specific qualities that the ruler must possess, however there is no universal agreement as to what these characteristics must be.
This source of disagreement initiated the first political divergence amongst the Muslims, which precipitated, sustained and continues to sustain a theological debate with focuses on legitimate leadership following the death of the Prophet (pbuh). However, the theory of Caliphate was not enshrined until the reign of the Abbasids, when it was devised and formulated by Sunni Jurists. Black writes:
An articulate community, traditionalist political theory was finally formulated in the first half of the eleventh century. Its doctrine of the vicegerency met the requirements of the emerging religious community by radically scaling down expectations placed on the deputy, while retaining the legitimacy of the ‘Abbasids as leaders of the Muslims. The first four rightly guided (Rashidun) deputies were now placed in a special category. The immediate motive was to safeguard the ‘Abbasids Caliphate against alternatives, Shi’a Imamism or Isma’ilism[26].
The first, and most significant Sunni Jurist who attempted to systemize the doctrine of Caliphate within an Islamic juridical framework was Abu’l Hasan Al-Mawardi (Basra 979 – Baghdad 1058). He was a Shafi’i judge in Nishapur, and later became the chief Justice of Baghdad. In his famous book “al-ahkam as-sultaniyya” (the laws of governance), al- Mawardi attempts to legitimize the authority of the Abbasid government, while striving to justify the use of coercion as an implement of governance. He argued that a caliph is divinely entrusted with authority in political, as well as religious affairs[27].
He writes:
God …ordained for the people a leader through whom he provided for the vicegerency of the Prophet and through whom he protected the religious association; and he entrusted government to him, so that the management of affairs should proceed (on the basis of) right religion…The leadership became the principle upon which the bases of the religious association were established, by which the well-being of the people was regulated[28].
When examining this perspective, it is important to realize that the traditional advocates of Caliphate are often inspired and influenced by the Ash’ari School of Islamic thought. This particular doctrine emphasizes divine predestination (taqdir) and the will of God as a unique agent in the world. Naturally, the fundamental principle of this doctrine brings them to the conclusion that one person, solely by the will of Allah, will succeed to gain political authority.
Abu’l-Fadl Bayhaqi (995-1077) writes:
Know that the Lord most high has given one power to the Prophets and another power to Kings, and he has made it incumbent upon the people of the earth that they should submit themselves to the two powers and should acknowledge the true way laid down by God[29].
Al-Ghazzali in his Advice to kings says:
God has singled out two groups of men and given them preference over others: one group is the Prophets and the other is kings. Prophets he sends to His servants to lead them to Him and Kings to restrain them from (aggression against) each other[30].
This outlook, which assumes that the authority of a Caliph includes everything and that they are naturally predestined according to the eternal will of God, is naturally compatible with the opinion currently adopted by contemporary Sunni Jurists, who argue that Allah and the Prophet did not appoint a particular person or persons as rulers over the Muslims. After all, the logical consequence of this concept of predestination and unique divine agency is that it doesn’t matter who governs or how he obtains authority, for in any case and circumstance it would be subject to the will of God. This is the first distinction between Shi’a political thought and the doctrine of Caliphate. For Imamites the legitimate authority must be designated - directly or indirectly - by God.
The second distinction that must be made, however, concerns the method of appointing a Caliph. Imami political theory maintains that there is only one legitimate means to designate authority; divine installation. Even the guardianship of just and capable jurists (faqih adil) is established upon this basis; they are the vicegerents of the absent Imam, whose divine leadership is established by explicit designation, and who implicitly entrusted them with the guardianship of his followers. All of this authority, of course, is bestowed by Almighty God who has absolute authority and guardianship over all of creation.
In rejecting the explicit appointment of a successor to the Prophet, Sunni Jurists maintain that there are several means by which a caliph may be elected, which means there is no unique way to legitimize political power. Instead, they accept the appointment of the first four caliphs following the Prophet’s death as a religious source to sanction political authority. Consequently, according to Sunni interpretations, a caliph may be elected either by a few of the elites (e.g. some outstanding companions of the Prophet), by the explicit designation of his predecessor, or by an appointed council (shura).
The fact that many of the contemporary political positions of that time had been secured by coercion and military power, created a serious obstacle for the theory of caliphate and many Sunni scholars attempted to find a means to justify these authorities. For example, Al-Mawardi attempted to legitimize the authority of de facto rulers by designating them as government ministers (wazir) and commanders (amir), whom the caliph had to recognize[31].
Finally, the third distinction arises, which is concerned with the qualities that a leader must possess. According to the doctrine of Shi’ism, an Imam is not merely a political leader; rather he is also a religious leader who undertakes the exposition of divine sciences. Like the Prophet, he must embody the highest moral and intellectual qualities, such as immunity from sin and infallible knowledge. However, there is a wide-ranging disagreement amongst Sunni scholars regarding the characteristics of a caliph. Commonly, they do not believe that a candidate must be sinless, or enjoy infallible knowledge. In some cases, justice and fairness are not considered necessary, and obedience is required of even an unjust or oppressive tyrant. Al-Ghazzali says:
An evil doing and barbarous Sultan, so long as he is supported by military force (shawka) so that he can only be deposed with difficulty, and that the attempt to depose him would create unendurable civil strife, must necessarily be left in possession, and obedience must be rendered to him[32].
A general and significant feature of Sunni political thinking is that there is no procedure for the people to depose an unjust ruler. Rather, the grounds on which he may be removed are considerably reduced. For instance, Al- Baghdadi (d. 1037) said that allegiance (Bay’a) might only be revoked on grounds of heresy, incapacitation, imprisonment or serious injustice; although the latter is not accepted as a cause for disobedience by most Sunni scholars[33].
Although Imami political theory does not require a Wali al- faqih to be sinless or infallible, it does mention characteristics such as justice, fairness and expertise in jurisprudence as necessary qualities. This is because the jurists (fuqaha) are not only moral and legal experts they are also representatives of the hidden Imam.
The Meaning of Wilayat al-Faqih
The words “Wali” and “Wilayat” have the same root (w-l-y). From it’s primary meaning of “to be near or close to someone or something”, is derived the general meanings “to be in charge”, “to govern” and “to exercise authority”. In Islamic juristic (fiqh) terminology, the term “Wilayat” has several usages. Some of these are as follow:
1. Wilayat al-Qaraba
This type of authority (Wilayat) is given to a father or paternal grandfather over minors and those who are insane (even after the age of adolescence). This authority to act as a guardian is based on relationship.
2. Wilayat al-qada’
According to Imami Jurisprudence, the infallible Imam originally possessed the sole authority to judge amongst the people based upon God’s law and revelation. At this time, however, a just and capable faqih may undertake this responsibility with the Imam’s permission.
3. Wilayat al-Hakim
In this case, authority is given to a regular administrator of justice (hakim), to supervise the interests of a person who is unable to take care of his own affairs; such as a fool or an insane person. Whoever does not have a guardian (Wali), jurists say: al-hakim is the guardian of those who have no guardian.
4. Wilayat al-Mutlaqa (The Absolute Authority)
According to textual evidences, such as verse 6 of Chapter 33 of the Qur’an, Imami scholars believe that the Prophet and Imams have divine authority over the people. The verse states that the Prophet has more rights over the believers than they have over themselves; thus his discretionary authority is effective amongst the people. This same authority, according to Shi’a beliefs, is also bestowed upon the Imams.
5. Wilayat al-Usuba
According to Sunni jurists, this authority is connected to inheritance; it encompasses a class of inheritors. This category of Wilayat is not accepted by Imami scholars.
According to Imami doctrine, absolute authority (Wilayat al- Mutlaqa al-Elahiya) remains with the Absent Imam, even during his greater occultation. Therefore, in order to exercise authority, every just and capable faqih requires the sanction of the Imam, who is in turn designated by God as the possessor of absolute authority and guardianship.
Although all Imami scholars generally agree upon the doctrine of Vicegerency (Niyabat) that emphasizes the role of capable jurists as deputies of the Absent Imam, who are entrusted with a degree of his authority. However, the crucial issue is the scope and extent of this vicegerency and in which affairs the jurists have authority.
In order to clarify the dimensions of this discussion, it is necessary to examine the traditional roles and functions that qualified jurists undertake as deputies of the Imam.
Making a Decree (Al-Ifta)
With regards to guidance in rulings and religious duties, it is necessary for those who lack sufficient knowledge of Islamic law and the legal system (Shari’ah) to refer to the opinions of a jurist (faqih). The jurist who issues legal and juridical decrees is known as a “Marja’a taqleed”, and the term meaning to follow or imitate their opinion is “taqleed”.
There is no disagreement amongst scholars regarding the application of this function by a well-qualified jurist. After all when a person has questions on a particular topic, it is only natural for them to refer these to an expert in this field, not only in the sphere of religion, but in all aspects of life. For this reason, although the jurist must possess certain qualities to assume this role, there is no need for the express permission of an Imam. In other words this function should not be mentioned as an example of the Imam ‘s authority and a type of Wilayat.
ii) To Judge (Al-Qada)
It is legally established that a just faqih is able to mediate disputes and judge in legal cases. Imamis believe that this function (Wilayat al-qada or al-hukuma) is encompassed within the Imam’s divine authority. Hence, only those who have his permission may assume this role. Imam as-Sadiq (pbuh) referred to the administration of justice (hukuma) as a constitutional right and duty of the Imam:
Beware of the Hukuma (administration of justice). Indeed, al-Hukuma belongs to the Imam who is knowledgeable in matters of judicial decisions (qada) and who is the just one (al-adil) among the Muslims, like the Prophet or his legatee[34].
Imami jurists commonly agree that this responsibility
(Wilayat al-qada) is entrusted to the just faqih as a deputy of the Imam.
Hisbiya Affairs (Al-Umur al-Hisbiya)
The Prophet (pbuh) said:
The sultan is the Wali of the one who does not have a Wali[35].
According to this hadith, the sultan is the guardian (Wali) of those who need a guardian to for a particular reason. For example, when the father of a minor or an insane person dies. Imami jurists extend this role to a set of affairs that require an authorized guardian to oversee them; these are known as al-umur al-hisbiya, and include religious endowments, inheritance and funerals (as well as those mentioned above). Although all Imami jurists accept the legality and necessity of this role, they disagree as to whether or not he is appointed by the Shari’ah or because he is naturally the best suited for the role. Some maintain that there is no expressed permission stemming from Islamic traditions to justify the authority of a jurist in such cases (hisbah). However, though the Shari’ah is silent, this does not mean that issues of hisbah do not need to be attended to. And a faqih who has knowledge of the Shari’ah and is just and pious, logically has priority over all others in these cases.
These three functions only form a fraction of the Imam’s authority; in the history of Imami Shi’ism, marja’aiyya (authorative reference) has largely been restricted to these central roles (especially the first). However, the religious authority and duties of an Imam as a guardian (Wali) extend far beyond the three functions mentioned above. Those who believe in universal vicegerency (Wilayat al-amma) maintain that the role of the faqih is not restricted to merely a few religious duties, but rather he has the same authority as the Imam. He has the right and duty to lead the Shi’a community and undertake the full function and responsibilities of an infallible Imam.
In addition to the administration of justice (Wilayat al-qada) and ‘hisbah’, the Imam also has the right to exercise governmental, juridical and economic duties. The political nature of these duties consequently implies that the Imam is the leader and ruler of Muslim society (Wilayat al-siyasiyya). Those who advocate Wilayat al-amma extend the scope of the faqih’s authority to the following duties:
1- Political- Devotional (Ibady) Orders and Prayers
Imami fuqaha emphasize that performing certain religious ceremonies, such as leading the prayers of Eid al-Adha and Eid al-Fitr, in addition to the prayer of Jum’ah (Friday), can only be lead by an Imam or one who has been designated by Him. This view presupposes that leading the prayers is a political-religious position and a function of the true Imam. For instance, Shaykh al-Mufid[36] says:
It is well established that every imperfect being needs someone who can discipline him so that he will refrain from evil acts…He should also be the one who will protect Islamic territory and will assemble the people in order to convene the Jum'ah and the Eid prayers[37].
In addition, the formal affirmation of the new moon for religiously important occasions (e.g. Shawal for Eid al-Fitr), requires the endorsement of a just and capable Imam (Imam adil).
2-Legal Punishment (Hudud)
It is established in Islamic traditions that the application of legal punishment (hudud) requires the sanction of an Imam. Considering that some categories of legal punishment involve pain, injury or death, whoever is entrusted with this duty, must have the legitimate authority to deal with these issues. The administration of justice and application of legal punishment obviously require political authority, otherwise they are impossible to enforce both legitimately and consistently. Functions that involve the administration of justice, such as determining compensation (diyat), dividing inheritance and affairs such as retaliation (qisas), also belong to the Imam.
3 - Islamic Taxes
The collection and distribution of taxes is one of the most important functions of any government, therefore those who have the right to fulfil this duty also have political authority (Wilayat al-siyasiyya). Sunni jurists generally maintain that a sultan (deputy), who has political power, can receive taxes such as zakat. Imami fuqaha, on the other hand, believe that the Imam has the sole entitlement to receive Islamic taxes (zakat, sadaqa, kharaj) and decide how they should be spent.
4 - Jihad (Holy War) and Defense
Unlike a number of Sunni jurists, who consider fighting unbelievers for the expansion of the Islamic state as a form of “Jihad”. The scope of Jihad is not so broad amongst Imami jurists who, in order to prevent the abuse of this concept by corrupt political authorities, insist that the permission of the Imam is a necessary condition for Jihad. Shaykh Tusi says:
It is imperative that the Imam should be the one to commence Jihad against unbelievers (kuffar)[38].
Sachedina explains why there is no justification for Jihad without permission of the Imam in the Imami point of view:
The original purpose of Jihad, then according to the Imami, was not preserved under the Caliphate. What had caused the Jihad to drift away from the Qur’anic purpose was the coming to power of unjust and unrighteous authority claiming to undertake Jihad in the name of God. Of the two main purposes of Jihad, namely to call upon the people to respond to God’s guidance, and to protect the basic welfare of the community, the first purpose, according to all the Imami Jurists, required the presence of the just Imam or the person deputized by such an authority. This was to guarantee that Jihad against unbelievers was undertaken strictly for the cause of God[39].
These four categories of authority and function introduce an essential issue in determining the scope of a vicegerent’s authority. If an Imam has delegated his authority and duties entirely to a just and capable jurist (faqih) as his deputy during the period of greater occultation, the guardianship (Wilayat) of fuqaha would be universal (amma). Universal guardianship implies that the Islamic society is in need of a Wali to lead and organize it’s affairs, regardless of whether an infallible Imam is present or not.
Wilayat al-Faqih can be defined as an authority entrusted to learned fuqaha so that they may direct and advise the Muslim ummah in the absence of an infallible Imam. This authority is derived from the Imam, who is al-Hujjah (the proof of God), therefore it is incumbent to obey their commands as the only legitimate authority. However, there remains some ambiguity surrounding the scope of the authority (Wilayat) that has been delegated to the fuqaha.
The concept of Wilayat encompasses many degrees of authority. The highest form of authority (Wilayat) bestowed upon the faqih is the universal type (Wilayat al-amma), whereas the most basic form is embodied in the authority to undertake ‘hisbah’ and ‘qada’ (the administration of justice). Some people make the mistake of assuming that Wilayat al-faqih refers only to the universal authority, when in fact it refers to the total scope of the scholar’s vicegerency in the absence of an infallible Imam.
Some Misconceptions
At this point, it is necessary to address two common misconceptions surrounding Wilayat al-Faqih. Many people erroneously assume that it is something new and in essence distinguishable from the traditional status of marja’aiyya. This misunderstanding is caused by a lack of attention to the definitions of and the relationship between ‘Wilayat’ and ‘marja’aiyya’ and the distinction between ‘fatwa’ and ‘hukm’ (the commands of faqih as Wali).
The role of a marja’a taqleed is widely considered to be solely a juridical authority to whom the Muslim community may refer to in the case of religious questions and commandments concerning the practical side of Islam (fiqhi questions). However, this definition is not comprehensive; it concentrates exclusively on one of the legitimized functions of a jurist, while overlooking the others. As we mentioned previously, the faqih has at least three significant functions; as an expert in Islamic law and jurisprudence, he is entitled to undertake ‘ifta’. However, as an appointed deputy of the Imam, he has the authority (Wilayat) to exercise ‘hisbah’ and ‘qada’. Accordingly, every faqih is entitled to issue a decree (fatwa) and, at the same time, to be appointed as ‘Wali’ to undertake specific functions. When the jurist administers justice or acts as a legal guardian to a ‘mawla alayh’ (someone who is without a legal guardian) he is known as a ‘Wali’ or ‘hakim al-shar’ and when he is referred to in religious (fiqh) issues, he is usually called ‘marja’a taqleed’. A necessary distinction must be made between a ‘fatwa’ (decree) issued by a faqih in his capacity as a religious authority (marja’a) and a ‘hukm’ (order) issued by him as a Wali and ‘hakim’ (guardian or ruler).
A ‘fatwa’ is classified as a decree issued by the jurist based on his deductions from Islamic sources. He attempts to determine the position of the Shari’ah and divine commandments with regards to a specific issue, in which his opinion will be adopted by those who submit to his religious authority (muqalid). On the other hand, a ‘hukm’ is an order issued by a Wali regarding a particular set of circumstances, the Islamic legal system and interests of the Muslims. Therefore, it is not merely due to his deduction from a religious source, though he must respect the Shari’ah when issuing a hukm. The hukm is intended to effectively organize and resolve difficulties within Muslim society.
Another key issue concerns the relationship between the first function of the faqih, which is ifta, and the other duties that are subject to his Wilayat (guardianship). Theoretically, these two elements seem independent and entirely separable from one another, but can they really be disassociated?
Suppose that there were one hundred just and capable scholars, who fulfiled the qualities required to assume the role of Wali and marja’a. It is not obligatory upon all of them as an ‘individual duty’ (wajib al-ainy) to assume responsibility for all three functions of a faqih? The answer is negative. Performing these functions is a ‘sufficient necessary’ (wajib al-kefai), which means that if a number of them were to undertake these three duties, then the others would no longer be obliged to issue a ‘fatwa’, to judge or to act as a guardian (if the others are meeting the requirements of the community). In conclusion, although ever faqih potentially could become marja’a and Wali, only a few of them will effectively assume these functions.
At its highest degree, the universal vicegerency of the jurist (Wilayat al-amma) also encompasses political authority (Wilayat al-siyasiyya). Some adversaries of the doctrine maintain that the meaning of ‘Wilayat’ (guardianship) in Imami jurisprudence is essentially incompatible with political authority. They argue that, according to the Islamic legal system, ‘guardianship’ requires the existence of a ‘mawla alayh’ (one who is need of a guardian), which in definition refers to those who are impotent in their affairs, whereas political authority cannot presuppose that the subjects of a government fall into this category. Therefore the guardianship of a faqih is limited in scope and has no connection to political authority[40].
The term ‘Wilayat’ is used in two cases in the Qur’an and Islamic traditions; firstly there are circumstances when a ‘mawla alayh’ is unable to discharge his or her own affairs (in cases of insanity, incapacity or immaturity) – this is umur al-hisbah. The second involves the authority of the Imam to administer justice (Wilayat al-qada) and collect taxes. However this case does not presume any disability on behalf of the ‘mawla alayh’. Although people are generally able to manage their own private affairs, there remain matters in every society that require the existence of a reliable, credible and just authority to undertake and supervise them. The Qur’an introduces Allah, the Prophet and (according to the Shi’a perspective) the Imams as guardians (Wali) over the believers. Clearly these verses consider the believers (mawla alayh) in need of divine guidance and leadership, and not as impotents who need supervision in all of their personal affairs.
The authority and guardianship of the faqih is a social duty, which is delegated to them. Consequently it neither gives them an increased status in humanity, nor decreases the status of people who admit the guardianship of a just and capable faqih. Imam Khomeini says:
By authority we mean governance, the administration of the country and the implementation of the sacred laws of the Shari’ah. This constitutes a serious and difficult duty but does not earn anyone an extraordinary status or raise him above the level of common humanity. In other words, authority here has the meaning of a government, administration and execution of law, contrary to what many people believe, it is not a privilege but a grave responsibility[41].
The Historical Background
Universal guardianship (Wilayat al-amma) is undoubtedly the most fundamental element of Imami political doctrine in the era of occultation (ghaibat). Therefore, it is essential to understand what position the most learned Imami jurists have historically adopted regarding this concept. Moreover, it is often speciously conceived that Wilayat al-amma is a new development in Islamic thought, which has no origins amongst the early Imami jurists. However, a brief survey of its historical background in Imami jurisprudence reveals not only the weakness of this supposition, but it also illustrates that Wilayat al-amma is a concept widely endorsed by many outstanding jurists.
When examining a historical account of scientific studies, it is easy to overlook two important points. Firstly, we often assume that our predecessors approached a problem from the same perspective and with the same clarity as we do. However, this expectation is rarely validated with regards to debates on subjects such as politics, which encompass various dimensions that each constitutes an area of specialized research (such as philosophy and ideology).
Therefore it is hardly correct to suppose that political thinkers in the past necessarily followed the same problem or methodology as contemporary intellectuals. Secondly, although scholars today are freely able to write and express their own ideas, this often leads us to mistakenly expect that the social and political climate was the same for previous scholars, who in fact lived under illegitimate and often oppressive governments. They were thus often forced to practice precautionary dissimulation (taqiyyah) and were unable to explicitly state their opinions.
There are two strands of thought amongst the supporters of Wilayat al-amma. There are those who explicitly and directly insist that the vicegerency of a faqih is universal. While on the other hand, some scholars maintain that a learned jurist may be entrusted to undertake a number of duties in addition to the primary three of ifta, qada and hisbah.
The latter of these two opinions usually occurs in the early period of Shi’a jurisprudence. Until the emergence of the Safawid dynasty in Iran, the Shi’a community existed as a minority, without political power. Hence, the universal authority of a faqih, ruling and political jurisprudence had very little bearing on the circumstances of the Shi’a, which is why the fuqaha devoted less attention to discussing matters of political theory and the duties of a ruler.
When taking into account the opinions of these learned scholars, it is important to recognize that they not only state their personal opinion (ijtihad) concerning the scope a jurist‘s guardianship, but also maintain that this opinion is in accordance with the general consensus (ijmaa) of the Imami fuqaha. This reinforces the assumption that jurists who were historically silent regarding political issues, such as governance and universal authority, remained so due to the social and political circumstances of the time (taqiyyah).
Regarding the first school of thought regarding Wilayat al- amma, one of the most important Imami jurists, al- Muhaqqiq al-Karaki[42]says:
Imami fuqaha have consensus on the point that the fully qualified faqih, known as a mujtahid, is the deputy (nayib) of the infallible ones (peace be upon them) in all the affairs attendant upon the deputyship. Hence, it is obligatory to refer to him in litigation and accept his verdict. If necessary, he can sell the property of the party who refuses to pay what he is due...rather, if it were not for the Wilayat al-amma many of the Shi’a community’s affairs and needs would remain undone[43].
Shaykh Muhammad Hassan[44], The author of an encyclopedic work in Imami fiqh, ‘Jawahir al-Kalam’ writes:
…carrying out Islamic sentences and implementing religious injunctions is obligatory at the era of occultation. Being the deputy of the Imam (Pbuh) in many cases rests with the fuqaha. The faqih’s social status is the same as the Imam. There is no difference between him and the Imam (Pbuh) in this respect.
[The verdict of] Our fuqaha on this issue [is] unanimous; in their works they frequently underscore the idea of referring to a guardian/governor (hukm) who is the agent and representative of the Absent Imam. If the fuqaha are not to have the general vicegerency, all the affairs of the Shi’a will remain unattended. Those who surprisingly raise objections about the Wilayat al-amma of the faqih, then seem to be ignorant of jurisprudence and the words of the infallible ones; they have not pondered these words and their meanings[45].
Hajj Aqa Reza Hamedani[46] also maintains that Wilayat al- amma is a unanimous concept amongst Shi’a jurists:
In any case, there is no doubt that the fuqaha of integrity (Jame al-Sharayeti), who have all the perfect, necessary qualities to undertake the vicegerency are the deputy of the Imam of the time in such matters. Our fuqaha have testified to this in their works. Their statements indicate that they regard the vicegerency of faqih in all matters as indisputable so much so that some of them have taken consensus (Ijmaa) to be the pivotal proof of the faqih’s general guardianship (neyabat al-amma)[47].
As we discussed earlier, many jurists attribute duties to the faqih that require him to be entrusted with universal authority. The evidences regarding the appointment of a faqih as a deputy of them Imam cover many chapters of fiqh, the explanation of which would require many pages. However, in the interests of our discussion, we will examine only a few of them here. Shaykh al-Mufid (334-413 A.H) asserts that the application of legal punishment (hudud) is one of the key functions of a faqih:
It is the duty of the ruler of Islam (Sultan al-Islam) who is appointed by Almighty God to implement hudud. Sultan al-Islam is the infallible Imams from Muhammad’s (Pbuh) family or the rulers and governors (Hukm) who are designated by them. They have entrusted this duty to the fuqaha where possible.
Early Imami jurists applied titles such as ‘sultan al-Islam’, ‘hukm’ and ‘Wali’ to the Imams. Many of these, such as sultan al-Islam, originally belong to the infallibles (Prophet and Imams) and so seldom apply to others. However, the majority of them also refer to those who are the appointed deputies of the Imam as well. For instance, Fakhr al- Muhaqqiqeen[48] says:
The meaning of ‘hakim’ here is the just ruler (al- Sultan al-adil) or his deputy. When there is no access to the Sultan or his particular deputy, it is the role of a well-qualified faqih…so when the author (Allamah Hilli) says “when there is no hakim” he means by ‘hakim’ all these three [above][49].
Muhaqqiq al-Karaki also endorses the above interpretations of ‘hakim’. He writes:
In the era of occultation, the Imam’s general deputy (al-nayb al-amm) is the well qualified jurist…It should be noted that when the fuqaha use the term (hakim) unconditionally, it exclusively refers to a well qualified faqih[50].
It is important to remember that ‘judge’ is not synonymous with ‘hakim’. This is because the application and enforcement of legal punishments, in the view of Imami scholars, is delegated to the governor (hakim) and not the judge (qada). Hafs ibn Qiyas asked Imam as-Sadiq (pbuh): “Who is in charge of punishment, the ruler or a judge?” To which the Imam replied:
“The application of hudud is due to he whom has hukm (who governs)”[51].
This distinction clearly indicates that the application of legal punishments (hudud) requires full political authority; which in turn necessitates universal guardianship (Wilayat al- amma). A view that is supported by many Imami jurists, such as al-Karaki:
The reliable well qualified Jurist who can issue legal decisions is designated by the Imam. Accordingly his rulings are effective and it is obligatory to assist him in the administration of al-Hudud and al-qada, among the people. It is not proper to say that the Jurist is designated for administration of Justice and for giving legal decisions only, and that the Jum’ah prayer is a matter outside the scope of these two responsibilities. Such an opinion is extremely weak because the jurist has been appointed as al-hakim, by the Imams, which is well documented in the traditions[52].
As we discussed, the Jum’ah prayer is a political function, which, in the view of the Imami jurists, belongs to the Imam. Therefore, every Imami jurist who believes that the fuqaha are able to fulfil this function during the period of occultation (ghaibat), would also have admit to the validity of Wilayat al-amma.
Moreover, if the authority of the faqih is not confined to the role of legal arbitration and guardianship, then the Imami mujtahid may say that the fuqaha have the authority to collect Islamic taxes, which is an obvious indication of universal authority. The first shaheed (martyr)[53] says:
It is said that it is obligatory to give ‘zakat’ to the jurist during the occultation if he asks for it himself or through his agents because he is the deputy of the Imam, just as the collector of the taxes is. Rather, however, it is more appropriate to state that his vicegerency on behalf of the Imam is applicable in all those matters in which the Imam himself has authority; whereas the collector is the agent of the Imam only in a particular function[54].
The second shaheed[55] also believes that the Islamic taxes (zakat) should be delivered to the Imam, or to the trusted Jurist during occultation. He later explains why the zakat should be given to the faqih:
One must bear in mind that he (the faqih) is appointed in the interest of the public, and if he were to be dishonest there would occur harm to those who were entitled to receive the zakat[56].
In concluding the historical background of Wilayat al-amma, it is necessary to re-emphasize that this doctrine is widely supported by later Imami jurists. Who, explicitly and more clearly than their predecessors, support the universal authority of a faqih. A number of these jurists, and their works, are as follows:
(1) Mullah Ahmad al-Naraqi, in his work Awaid al- Ayyam, chapter ‘Wilayat al-fuqaha’, Page 529.
(2) Sayyid Mirfattah al-Maraqi in al-Anavin Page.355. Al-Bahr al-Ulum in Bolqatol al-Faqih, Volume 3, Page.231.
(3) Shaykh Abd al-Allah Mamaqani in Risala al-Anam fi hukm e-amwal al-Imam, Page 14.
(4) Mirza al-Nayyini in ‘Al-Makaseb wa al-Bai’, edited by Shaykh Muhammad Amali, Volume 1, Page 336.
(5) Sayyid Muhammad Hussain Borujerdi in al-Badr al-Zahir fi salat al-Jum’a, Page 71.
(6) Sayyid Muhammad Reza Gulpaayigani in ‘al- Hedaya ela man Lahu al-Wilayat, Page 46.
Multiplicity in Wilayat
Although according to Imami political doctrine, authority (Wilayat) is bestowed upon a deputy (Wali) by the infallible Imam, there is an important distinction between the specific designation of a deputy and the ‘general’ designation of a number of deputies.
While there was an explicit nomination for each of the Imams to undertake leadership, and for the vicegerency of the four deputies during the minor absence, the guardianship of the jurists during the greater absence is a ‘general’ designation. This means that no faqih is exclusively appointed as ‘Wali’ and deputy; all Imami jurists who are just and qualified in fiqh (ijtihad) have the right to exercise the Imam’s authority as his deputies. Accordingly, universal authority has been entrusted to many jurists in every age and generation. Inevitably, this multiplicity means that the Imami theory of leadership could be confronted by the problem of disturbances and conflict, as polarization between various sources of decision-making naturally results in differences and chaos. In the context of the present discussion, it is important to assess how the universal theory of guardianship might address such issues.
In most cases, multiplicity does not present any serious problem regarding the functions of the fuqaha. It is unrealistic to insist that all cases of ‘hisbah’ need to be undertaken by a single jurist. Likewise, there is no reason to expect uniformity in ‘Marja’aiyya’ and the administration of justice. The fundamental difficulty arising from multiplicity, however, is that of political authority and leadership (Wilayat al-siyasiyya).
The best way to approach this concern is to consider the status of the fuqaha who are entitled to political authority. Wilayat al-Faqih defines the criteria required of a ruler, and maintains that anyone who fulfils these qualities has the right to govern. In principal, authority (Wilayat) does not demand any extra conditions. However, to be practically applied such authority requires suitable political circumstances and the recognition of the people. According to Imami doctrine, if Muslims appoint a just and capable jurist as their leader, then other fuqaha are obliged to support him and obey his orders, so long as he fulfils the qualities of Wilayat. This situation is comparable to the relationship between judges; when one is responsible for a specific case, though other judges are entitled in principal to perform the same role, they have no right to interfere in his judgment. Shi’a traditions discuss the appointment of the fuqaha as deputies of the Imam, but they do not endorse or design a particular method to acknowledge or elect one or more jurists who possess the Wilayat. Article 107 of the constitution of the Islamic Republic of Iran, suggests the following process:
The task of appointing the leader shall be vested with the experts elected by the people. The experts will review and consult among themselves concerning all the religious men possessing the qualifications specified in Article 5 and 109. In the event they find one of them better versed in Islamic regulations or in political and social issues or possessing general popularity…they shall elect him as the leader.
The Dominion of the Wali al-Faqih
When considering that Wilayat al-Faqih represents the keystone of Imami political doctrine in the Era of Greater Occultation, it is essential that we assess the scope and domain of its authority. For our present subject, we must take into account the power of other religious authorities amongst the Imamis; the marja’ai. Does the Wali al-Faqih have authority (Wilayat) only over those who accept him as their marja’a, or those who imitate marja’ai that support the idea of Wilayat al-amma?
Aside from the relationship between the Wali al-Faqih as a political leader and other fuqaha as marja’ai, it is also important to gauge the authority of the Wali al-Faqih regarding the Shari’ah. Is he only able to issue orders within the framework of the Islamic legal system, or is he fully authorized to make decisions even if they contradict the Shari’ah? In other words, is his license as a ruler defined by the Shari’ah, or is his authority above the Shari’ah and therefore absolute?
We can structure our analysis around two significant aspects; the people’s respect for his orders, and his respect for the Islamic legal system (Shari’ah). However, before proceeding with this discussion, we should review two important points.
Firstly, unlike Imamate, which is considered as a fundamental aspect of belief (aqueeda) in Shi’ism, Wilayat al-Faqih is a juridical (fiqh) subject matter. What distinguishes a fiqhi discussion from a theological (kalam) one, is that while the latter concerns issues of belief (disagreement upon which would render an individuals belief imperfect), the former is legal and thus subject to divergence of opinion even amongst the scholars of a particular Islamic sect (as disagreement in these issues does not invalidate belief). Hence, there can be disagreement on the universal authority of the jurist, as a juridical (fiqh) discussion and such disputes are not concerned with faith (iman).
Secondly, a necessary distinction must be made between a fatwa (religious decree) and hukm (order). As previously stated, a decree, deduced from Islamic sources and issued by a qualified faqih – fatwa – is valid and reliable for those who refer to him as their marja’a taqleed (religious authority), thus it is binding upon them to obey his fatwa. However, those who refer to other scholars as religious authorities are not obliged to observe this ruling. But an order (hukm) issued by the Wali al-Faqih is binding upon all Muslims, not merely his followers, regardless of how far his political authority might reach. Therefore, a command issued by a jurist as Wali al-qada in the administration of justice is obligatory for everyone, even other fuqaha, because the just and capable jurist is appointed as hakim (Wali). This opinion is supported by a tradition from Imam as-Sadiq (pbuh), in which Umar ibn Hanzala transmits that the Imam prohibited his followers (Shi’a) to recourse to a tyrannical or illegitimate authority (taghut) to resolve their affairs. Instead they are obliged to refer to one who relates the traditions of the Ahlul-Bayt and knows what is lawful and prohibited (i.e. a faqih). Imam as-Sadiq (pbuh) said:
I have appointed him a hakim over you. If such a person orders (judges) according to our ruling and the person concerned does not accept it, then he has shown contempt for the ruling of God and rejects us; and he who rejects us, actually rejects Allah and such a person is close to association [Shirk] with Allah[57].
In this tradition, Imam as-Sadiq (pbuh) addresses the role of a just faqih (hakim) who has been entrusted with authority by the infallible Imam. According to this hadith, the people are not allowed to recourse to an illegitimate or oppressive authority for the resolution of their problems. Instead they are required to refer to the Wali (hakim) and obey his decisions, regardless of whether or not he is their marja’a taqleed.
Such as solution, however, hardly seems convincing for those who do not accept Wilayat al-amma. One might argue that the Wali al-Faqih issues commands (hukm) based upon his own opinion (fatwa) that the authority of the jurist is universal (Wilayat al-amma), while according to the view of another marja’a the scope of a jurists authority is limited and he is not designated to undertake political affairs. According to this view, the tradition of Umar ibn Hanzala and others do not include these kinds of orders.
However, this reasoning presents obvious problems that extend far beyond the governmental orders (hukm) of a jurist. For instance, when administering justice (Wilayat al- qada) a faqih issues an order according to his own religious decree (fatwa), however there is no excuse for people to disregard or disobey his command on the grounds that he is not their marja’a. This is because the authority to judge (al- qada) and the authority to issue decrees (al-ifta) are independent of one another, thus the role of the judge cannot be infringed by the edict of a marja’a (as the marja’a is not the judge of that legal case). Furthermore, although the opponents of Wilayat al-amma maintain that the designation of the faqih as the Imam’s deputy does not extend to political authority (Wilayat al-siyasiyya), this surely cannot imply that if the people elect a just and capable faqih as their leader, instead of an unjust person, that his leadership is some how illegitimate and people are free to disobey. We will return to this point in the next chapter when examining the authority of a faqih endorsed by ‘hisbah’.
We noted earlier that the debate surrounding the authority of the Wali al-Faqih has two significant aspects. The second of these – the relationship between the faqih’s commands and Shari’ah – is a very new discussion in Imami political jurisprudence, whereas the first aspect has been discussed by many fuqaha. Imam Khomeini was perhaps the first Imami faqih who explicitly and publicly discussed the connection between governmental orders (ahkam al-hukmati) and Islamic laws (ahkam al-shari’). He firmly advocated the absolute authority of the faqih (Wilayat al-mutlaqa) and it is essential that we briefly clarify the definition of this term to avoid any misconceptions.
Al-Wilayat al-Mutlaqa
When one first encounters the idea that a jurist has an unlimited and absolute scope of authority (Wilayat al- mutlaqa) in issuing governmental orders, it is easy to dismiss the model of political regime as “absolutism”, which is defined in the Oxford political dictionary as follows:
Originally (1733) a theological concept referring to God's total power to decide about salvation. Extended to politics indicating a regime in which the ruler might legitimately decide anything. Usually applied to monarchical regimes of the early modern period[58].
This misinterpretation often leads to the false assumption that there are no controls, restrictions or limitations upon the powers of the faqih; his authority is unquestionable and he can exert himself without regard to the demands of the Shari’ah or the interests of his people. He has no duty to respect the various kinds criteria and standards for his governance.
This is similar to a dictatorial model of government, which is an absolute rule unrestricted by law, constitution or other political, religious or moral factors within the society and state. Clearly this interpretation of absolute authority is not correct even when considering the Prophet (pbuh) and the Infallible Imams. A faqih as Wali must meet certain criteria, one of which is justice.
The above conception of Wilayat al-mutlaqa obviously contradicts the idea of justice and such a person has no legitimate authority (Wilayat) over believers. The precise and correct understanding of ‘Wilayat al-mutlaqa’ has a close relationship to discussion about the nature and various kinds of ‘command’ (hukm) in Imami Jurisprudence, especially the faqih’s injunction as Wali (al-hukm al-hukmati) and its position among commands of Shari’ah.
i) Divine Laws (Al-Hukm as-Shari’)
This refers to a set of rules and commands legislated by God and expressed to people through the Prophet Muhammad and his successors. Hukm al-Shari’ is usually divided by Muslim Jurists into two divisions. The first part is called ‘al- ahkam al-taklifi’ which is the laws of duty and in turn divides into five divisions (obligation, prohibition, desirability, undesirability and permissibility or ‘mubah’). The second part is called ‘al-ahkam al-waz'i’ which establishes specific relationships and situations (waz') that are subject to particular divine laws. For instance, marriage, ownership, purity and uncleanness are all situations that the Islamic legal system endorses and defines in particular matters and circumstances - usually al-hukm al-waz'i is subject to particular laws of duty. Divine laws also are called the first order laws (al-ahkam al-aWaliya) because deeds and things by themselves - with no regard to temporal and unexpected accidents - are subjects to these laws and legislation of Islam.
ii) The Judge's Command (Al-Hukm al-Qadi)
Even though the legal decision of Judge (faqih) is issued with consideration of the Shari’ah and decrees of Islam, it is not a component of the Shari’ah. The judge’s role is merely the execution (tanfidh) and application of Islamic law to juridical cases. In administration of justice, the faqih as Judge does not deduce Islamic laws rather he attempts to apply the most appropriate laws to the situation.
iii) Governmental Orders (Al-Hukm al-Wilai)
Supporters of universal authority (Wilayat al-amma) do not restrict the orders (hukm) of the faqih to merely the administration of justice. As a hakim, the jurist may issue orders and it is incumbent upon all Muslims, even other fuqaha, to obey them. These include his edicts concerning the beginning of Ramadhan or the application of legal penalties (hudud). The best examples of orders that fall into this category are the governmental commands that the faqih may issue as the political leader of a society. The Wali al- faqih may issue orders regarding situations that he recognizes as affecting the interests of Islam, Muslims and Islamic laws and values. A situation may arise in which the Wali al-Faqih can issue an order based on the interest (maslahat) of the people, even though in principal the action would not otherwise be compulsory in Shari’ah.
Two crucial questions arise regarding these orders. The first concerns the nature of the order; whether the governmental command is categorized as the ‘first order’ of the Shari’ah, or as the ‘second order’ (al-akham as-sanavy). The second question concerns the scope of such orders. A faqih may issue an obligatory or prohibitive order regarding matters that are considered permissible (mubah) and for which there is no prior obligation (for doing or not doing it) in Islamic law. However, a dispute arises about whether or not the faqih may issue orders that disregard the commands of the Shari’ah. Since the answer to the latter of these questions emerges from the former, it is necessary to explain what we mean by ‘second order’ commands (akham as-sanavy).
iv) Al-Hukm al-Awaly and al-Hukm al-Sanavy
The actions that we commit according to our free will are subject to one of the following categories in Shari’ah, namely obligation (wajib), prohibition (haraam), desirability (mustahab), undesirability (makruh) and simple permissibility (mubah). These ‘first order’ laws (al-ahkam al-awaly) are determined by the law giver (hakim) upon considering the essence and natural status of deeds and things. However, in exceptional situations and under circumstances in which people should not or cannot respect previous legislations, new rulings must be issued. These temporal laws are legislated according to the demands made by exceptional situations, and are called laws of 'the second order'(al-ahkam al sanavy).
They are secondary and temporal because people must revert to obeying the first order laws as soon as the exceptional circumstances return to normal. For instance, according to Shari’ah it is not permissible for Muslims to eat “carrion” (dead animals) or the meat of animals not ritually slaughtered. It is a first order command, but in a dire situation when a person has nothing to eat at all, God permits him or her to eat such meat, this permission is a second order law. The Qur’an says:
He has only forbidden you what dies of itself, and blood, and flesh of swine, and that over which any other (name) other than (that of) Allah has been invoked, but whoever is driven to necessity, not desiring, nor exceeding the limit, no sin shall be upon him. [Chapter 2, Verse 173]
Fuqaha usually cite ‘necessity’ (ezterar), damage (zarar), distress and constriction (usr wa haraj), disorder of the Muslim's system (ekhtelal al-nidham) and compulsion (ekrah) as the major exceptional topics that demand and require second order laws, as reasons for reverting to laws of ‘the second order’. The prevailing conception amongst Imami Jurists emphasizes that the governmental orders should be issued by the faqih only in one of the aforementioned exceptional situations because al-hukm al- hukmati is but a second order command.
When we consider this opinion, the answer to the second question – which is the relationship between governmental order and Shari’ah - is very clear. In a normal situation, the faqih has no right to issue orders in opposition to obligatory (either haraam or wajib) first order laws, even if the interests (maslahat) of the Muslims demands thus. In other words, interest as such cannot justify governmental orders when they are on the contrary with Islamic obligatory laws.
However, situations in which the interest (maslahat) becomes so serious that ignorance of it could cause significant damage, distress and constriction or disorder, would allow the Wali al-Faqih to issue these orders.
Ayatollah Khomeini, in a revolutionary view, stated that although the implementation of Shari’ah is very important, it is not the ultimate goal. Islamic laws (Shari’ah) serve as a means to achieve the primary aim embodied in the protection of Islam and the extension of Justice. For him the Islamic State is not merely one part of Islam amongst others, but it is Islam itself. Consequently the significance of Islamic laws is overshadowed by the significance of protecting the Islamic system and the interest (maslahat) of Islam. He expressed the view during his lectures in Iraq - the seminary of Najaf - years before the Islamic Revolution in Iran.
After the Islamic Revolution in Iran he explored this view more explicitly. In his famous letter to Ayatollah Khamenei (the current Wali al-Faqih), he insists that the authority of the Prophet and Imams to govern is not only a first order divine law but also it has priority over others such as praying, fasting, Hajj and so on. He writes:
The government or the absolute guardianship (al- Wilayat al-mutlaqa) that is delegated to the noblest messenger of Allah is the most important divine laws and has priority over all other ordinances of the law. If the powers of the government restricted to the framework of ordinances of the law then the delegation of the authority to the Prophet would be a senseless phenomenon. I have to say that government is a branch of the Prophet's absolute Wilayat and one of the primary (first order) rules of Islam that has priority over all ordinances of the law even praying, fasting and Hajj...The Islamic State could prevent implementation of everything - devotional and non- devotional - that so long as it seems against Islam's interests[59].
Unlike conditional authority (Wilayat al-muqayada) that restricts the right of the faqih for issuing governmental orders solely in permissibility cases (mubahat), Wilayat al- mutlaqa, by definition, is a juridical view concerning the dominion of the just faqih to issue governmental orders even if it is in opposition with some obligatory Islamic laws.
As has become clear from the current discussion, the meaning of Wilayat al-mutlaqa is totally different from ‘absolutism’ and the establishment of a totalitarian and dictatorial government. Some qualifications and conditions are essential for the Wali al-Faqih such as justice, piety and the necessary socio-political perspicacity. So, if he fails to meet one of them, he will be dismissed. In the constitution of Islamic Republic of Iran a group of experts elected by people supervise and control the leader. This constitution in article 111 says:
Whenever the leader becomes incapable of fulfiling his constitutional duties, or loses one of the qualifications mentioned in Article 5 and 109, or it becomes known that he did not possess some of the qualifications initially, he will be dismissed. The authority of determination in this matter with the experts specified in Article 108.
As I indicated before, in Imami Political Jurisprudence ‘Wilayat al-mutlaqa’ is a new term. Imami fuqaha usually use other terms such as ‘Wilayat al-amma’ and ‘neyabat al- Amma’ to refer to the authority of faqih. Imam Khomeini applied the term publicly, then in 1990 it was enshrined in the constitution of Islamic Iran. Article 57 says:
The power of government in the Islamic Republic are vested in the legislature, the judiciary, and the executive powers, functioning under the supervision of the absolute religious leader and the leadership of the ummah.
Wilayat al-Faqih and other Ideas of Guardianship
Perhaps Plato was the first political theorist who presented a comprehensive guardianship model of government. In the ‘Republic’, he states that political knowledge is a supreme art that aims to realize the good of the community. Attaining that knowledge requires serious training. Thus, men and women must be carefully selected and rigorously trained in order to achieve excellence in the art and science of politics. This serious training renders a few of them a class of ‘true philosophers’[60], who deserve to rule the society.
Therefore, the ideal Republic will come into existence if a class of guardians (Philosopher Kings) rules over it.
In the history of political thought, various interpretations of the guardianship model of the State have been suggested, Marxist-Leninism and all the political ideologies which believe in an organized group of revolutionaries, a vanguard, who possess the sufficient knowledge and commitment to overcome capitalism and to lead the working class to establish a socialist and non-class society are samples of the guardianship political theory.
Obviously, Shi’a political doctrine should be categorized as a guardianship model of government because it believes that only those who have specific qualifications (infallible ones or their deputies) have a right to govern the community. For Imamism the problem of leadership is not the question of people’s elections. People have to accept and believe in divinely designated leadership just like the Prophecy in order for it to be practical. Since the fuqaha are generally designated as guardians, the role of the people within the period of occultation increases. They have a duty to acknowledge their governor among the fuqaha directly or through a selected group of fuqaha. Nevertheless, this participation of people does not render Wilayat al-Faqih a purely democratic and non-guardianship theory of State. Robert Dahl is quite right when he states that:
No single interpretation can do justice to the variations among the many different visions of guardianship[61].
However, what he mentions at the beginning of his discussion could be recognized as the central point of the vision of guardianship:
The assumption by democrats that ordinary people are qualified, they, (advocates of guardianship) say ought to be replaced by the opposing proposition that rulership should be entrusted to a minority of persons who are specially qualified to govern by reason of their superior knowledge and virtue[62].
Indeed, the theory of ‘Wilayat al-Faqih’, which is in embodied in the Islamic Republic of Iran, as the first actual experience of Shi’a political ideology, is mixed between guardianship and democracy. While the authority of the faqih and the supervision of Islamic laws and values over all political and social functions of the government emphasise the guardianship dimension of this political system, the approval of representative democracy and the participation of people in electing members of the Assembly of Experts (who choose and can remove the Wilayat al-Faqih’), parliament, president and many parts and local
councils, show the democratic aspect of this political ideology. Article56 of the constitution emphasizes people’s sovereignty:
Absolute sovereignty over the word and man belongs to God, and it is He who has made man master of his own social destiny. No one can deprive man of this Divine right, nor subordinate it to the vested interests of a particular individual or group. The people are to exercise this Divine right in the manner specified in the following Article.
This chapter aimed to clarify the conception of Wilayat al-faqih and its historical background amongst Imami jurists. The next chapter will concentrate on the problem of justification and examine how the advocates of this political theory legitimize it.
Notes:
[18] Abdul-Karim Shahrestany, Al-Melal wal-Nehal, Cairo, 1956, volume 1, p. 131.
[19] Antony Black, The History of Islamic Political Thought, p. 41.
[20] Ruhollah Khomeini, Islam and Revolution, Hamid Algar (tr), Berkeley: Mizan Press, 1981, p. 86.
[21]Lewis writes: ‘vali and vilayat are the Turkish pronunciation of the active participle and verbal noun of the Arabic root w-l-y, ‘to be near’ and hence ‘to take charge of’; they mean respectively, governor, and governorship or province’. Bernard Lewis, The Political Language of Islam, The University of Chicago Press, 1988, no. 22, p. 123.
[22]For more information about the verse and some debates that have arisen by the verse among Shi’a and Sunni scholars refer to: Abdul Husayn Sharafud-Din, Al-Muraja’at, Yasin T. al-Jibouri (tr), World Ahlul Bayt Islamic League (WABIL), pp. 173-180.
[23] Montgomery Watt, Islamic Political Thought, pp. 32-33.
[24] Ibn Assir, Al-Nehaya, Volume 1, p. 315
[25] Montgomery Watt, Islamic Political Thought, p. 33.
[26] Antony Black, The History of Islamic Political Thought, p. 84.
[27] Antony Black, The History of Islamic Political Thought, p. 87.
[28] The paragraph is translated in: Ann K. S Lambton, State and Government in Medieval Islam, Oxford University Press, 1981, p. 85.
[29] Bernard Lewis, The Political Language of Islam, p.134.
[30] Antony Black, The History of Islamic Political Thought, p. 94.
[31] Antony Black, The History of Islamic Political Thought, p.88.
[32] Antony Black, The History of Islamic Political Thought, p.104.
[33] Antony Black, The History of Islamic Political Thought, p.85.
[34] Abdulaziz Sachedina, The Just Ruler, Oxford University Press, 1988, p. 129.
[35] Muhammad Baqer Majlesi, Behar al-Anwar (110 volumes), Tehran, 1985, Kitab al-Elm, Chapter 1, Hadith 29.
[36] Muhammad ibn Muhammad ibn al-Nu’man, known as Mufid is one of the greatest Imami faqih and theologian. He was born in Dujal, some sixty miles from Baghdad, in the year 949 or 950AD. His basic and elementary training and studies was under his father. He went to Baghdad at the age of twelve. Among his books in fiqh is al-Muqni’a, on which Tusi wrote a commentary-Tahdhib al-Ahkam (one of the four major books of Imami Shi°ism).
[37] Shaykh Al-Mufid, Al-Ershad, Tehran, 1972, p. 674.
[38] Muhammad ibn Hassan Tusi, Al-Mabsut fi Fiqh al Imamiya, Tehran, 1958, Volume 2, p. 9.
[39] Abdulaziz Sachedina, The Just Ruler, p. 110.
[40] Mehdi Haery Yazdi, Hekmat wa Hokumat, p. 177.
[41] Islam and Revolution, pp. 62-63.
[42] Ali ibn Abd al-A’l who is better known as Muhaqqiq al-Karaki or even the second Muhaqqiq-researcher- (after Helli who is famous as the first Muhaqqiq in fiqh) died in 937/1530. He was originally from Jabal Amel, south Lebanon. He like the first and the second shahid (martyr) completed his studies in Sham and Iraq and different centers of Sunni learning before coming to Iran during the reign of the Safavid denasty (Shah Tahmasb). In this period of Iran‘s history the authority of Imami scholars had been increased and Karaki had a great status in administration of justice. He established a great seminary (Hawza) in Qazvin and Isfahan consequently Iran once again became center of Imami jurisprudence. One of his famous books in fiqh is ‘Jame ul-Maqasid’ which is a commentary on the book of Allama al Helli-Qawaid.
[43] The articles (al-Rasayel) of Mhaqqiq al-Karaki, edited by Muhammad al-Hassun, the first collection (Al Ressala fi al-Salat ul-Jom’a), Qom, 1409AH, pp, 142, 143.
[44] He was of Arab descent and died in 1849. Shaikh Muhammad spent thirty years to complete his great work (al-Jawahir) which the last print of the book in Iran includes forty three volumes. It is a commentary on the book of Muhaqqiq al-Helli (al-Sharay‘).
[45] Muhammad Hassan, Jawahir al-Kalam, Tehran: Dar al-Kotob al- Islamiya, 1398AH, Volume 21, pp. 396-397.
[46] Died in 1904 the author of some significant books in Imami jurisprudence such as ‘Mesbah al-Faqih.
[47] Hajj Aqa Reza Hamedani, Mesbah al-Faqih, The Chapter of Khums, Volume 14, p. 291.
[48] He is Muhammad the son of Allama Helli. His famous book on fiqh is ‘Eidhah al-Fawaid’ which is a commentary of his father ‘s book (al- Qawaid). He died in 771AH.
[49] Fakhr al-Muhaqqiqeen, Eidhah al-Fawaid, Volume 2, p.624.
[50] Al-Jami ul-Maqasid, Volume 11, Kitab ul-wasaya, pp. 266-267.
[51] Shaikh Hur al-A’meli, Muhammad ibn Hassan, Wasael al-Shi°a, Qom: Ahl ul-Bait Institution, 1412 AH, Volume18, p. 220
[52] The Just Ruler, p. 196.
[53] He is Muhammad ibn Makki who was born in south Lebanon-Jabal Amil- in 734AH. Fakhr ul-Mohaqqeqin was one of his teachers. He was martyred as a result of a fatwa issued by a Maliki jurist, supported by Shafei, in the year 786.He has written some significant books in fiqh such as ‘Luma’h’, ‘Durrus’, ‘Dhikra’ and ‘Bayan’.
[54] Translated in ‘The Just Ruler’ from Jawaher al- Kalam, Volume 15, p. 422.
[55] Shaikh Zain ul-Din is one of greatest Shi°a jurists. He was born in 911 AH and was expert in Sunni jurisprudence as well. One of his important works is a commentary on the first Shaheed’s work (Luma’h) and it is a strange coincidence that the author and the commentator both were executed and martyred.
[56] Translated in ‘The Just Ruler’ from Jawaher al- Kalam, Volume 15, p. 422.
[57] Muhammad ibn Hassan al-Tusi, Tahzib al-Ahkam, Kitab ul-Qad’a, Volume 6, p. 218, Hadith 514
[58] Iain McLean, The Concise Oxford Dictionary of Politics, Oxford University Press, 1996, p. 1.
[59] Sahife’ Noor (letters and lectures of Ayatollah Khomeini), Volume 20, p. 170.
[60] Grube maintains that Plato does not mean by ‘philosopher king’ the professional sense that at present the word ‘philosopher’ purport, he says: ‘Plato does not mean that the world should be ruled by pale metaphysicians from the remoteness of their studies, he is maintaining that a statesman needs to be a thinker, a lover of truth, beauty and the Good, with a highly developed sense of values’. Plato, Plato’s Republic, G.M.A. Grube (tr), Indianapolis, 1974, n 13, p.133.
[61] Robert Dahl, Democracy and its Critics, Yale University Press, 1989, p 55.
[62] Robert Dahl, Democracy and its Critics, Yale University Press, 1989, p. 52.

Author: Ahmed Vaezy
Source: al-islam.org

Islam’s capability of meeting all human needs

After proving that Islam has social laws and decrees, certain skeptical questions are raised: Is it rationally possible for all human needs in different eras to be contained in a single set? Can Islam whose sources are the Qur’an and authentic traditions, encompass all the elements needed by mankind throughout the different epochs and periods? The above questions have both theoretical and practical aspects and can be examined in both ways. Of course, it must be acknowledged that these questions are worthy of consideration. At the outset, it seems that answering them is not easy. However, in view of the explanations we have presented before, replying is not that difficult.
1. Examining the theoretical dimension of questions
The reply to the theoretical dimension of the question, “How can a set of laws be responsive to all human needs in all aspects of life?” is this: Certainly, human beings cannot enact a set of perfect laws for mankind in different epochs and periods because on account of their defective knowledge and intellectual limitation, they cannot examine all the facets and dimensions of human life and take into account an appropriate law for every case.
However, the One who has created human beings, knows “what was” [ma kana] and “what will be” [ma yakun], to whom yesterday, today and tomorrow are the same, is Omniscient of thousands of years before and after, it is possible to enact such a code of laws. Thus, it cannot be said that it is impossible to enact a code of perfect laws for all humanity throughout history that encompasses all aspects of human life, because the One who has full knowledge of the past and future and is well informed of all dimensions of man’s existence throughout history can do so.
2. Examining the practical dimension of questions
The practical dimension of the questions is this: “How can the essential elements attributed to God as mentioned in the Qur’an and authentic traditions—given their limited magnitude—meet all human needs throughout these epochs and periods?” The reply is this: It is impossible for us to present a specific law for every case in which all particular conditions of time and space are perfectly observed. This is because legal cases do not need limited laws. They favor laws of a general nature.
We cannot determine all legal cases as special and definite cases. It can thus be said: “Innumerable cases do not have innumerable categories.” Every set of these cases can have a general heading and the said heading can have a specific decree. So, “The general decree is fixed and limited but its cases are innumerable and varied.”
A case at a particular time may consist of a decree and assume a different form in a different time and condition and the ruling for it may change. So, issues and changes that take place in them are diverse and numerous, but the limited general headings are fixed. It is true that the aspects of human life are vast and regularly increasing on a daily basis. With the advancement and progress of human civilization and social living, new issues and concerns emerge all of which are in need of specific laws which address all needs. Yet, all these variable laws can have specific criteria. With the permission of the One who has sent down the general laws and taught their general criteria, those who recognize these criteria in fixed expressions can enact specific laws on specific cases.
By saying that the laws of Islam must be implemented in society, we do not only mean laws directly revealed by God in the Qur’an because these laws in the Qur’an are mentioned in general and absolute terms. What we mean is that the Prophet (s), the infallible Imams (‘a) and those who are acquainted with the spirit of these laws, are well-informed of the criteria and can distinguish the general laws from particular cases and determine the manifestations, ways of application and rulings of these general divine laws.
Author: Muhammad Taqi Misbah Yazdi
Source: Imam reza network

Islam and Theory of Separation of Powers

In this session our discussion is about the structure and form of the Islamic government. Along this line, I deem it proper to narrate a recollection from the Great Leader of the Islamic Revolution in Iran, Hadhrat Imam Khomeini (q). During the beginning of the Revolution foreign reporters asked the Imam, “After overthrowing the monarchical government, what government and regime will you establish?” He replied, “A government like that of the Commander of the Faithful (‘a)”.
Defining and describing the Islamic government to reporters with a particular culture and social fabric and no mental preparation to grasp Islamic concepts in view of their fundamental differences with us in this context, required many hours. Yet, the Imam gave them a complete and convincing answer in one sentence, because by knowing the distinctive features of the government of the Commander of the Faithful (‘a)—which is known to both friends and foes, and to know which does not require much extensive study and examination—the model of our government could also be known.
This type of explanation and definition, i.e. evidential definition, is the simplest way of describing the nature of a thing to the masses because understanding intricate concepts is difficult for them, so by indicating external manifestations and samples, they understand better. For example, in order to explain electricity, we show them an electric light or an electric device. In this type of definition, the characteristics, properties and salient features of a thing are not mentioned. In the academic and scientific circles, however, the definition must be derived from the principal or secondary features which describe the genus and quality mentioned in logic. In this kind of definition, initially the general and broad meaning is mentioned and then the specific meaning that excludes other types.
Another way of identifying the nature of a thing is to consider the elements. That is, the essentials and features of a thing are examined and their totality serves as the definition of that thing. In view of the number and scope of the essentials and features, any person will conclude that any thing having those features has the nature under consideration.
The macrostructure of the Islamic government and its basic features, or the Islamic theory on politics can be defined in one sentence. The Islamic theory on politics is: all aspects of politics and government are divine, and inspired by the Source of revelation. This point determines the Islamic nature of the system and government.
In describing comprehensively the Islamic government it is necessary to consider the theory of separation of powers mentioned in the philosophy of law. During the last centuries there were intense disputes and conflicts among legal philosophers over concentration or separation of powers. These were on whether all powers should be in the hands of an individual or group, or powers should be separated from one another and every person or group should be concerned with only one power.
Finally, after the Renaissance, particularly after Montesquieu—who wrote a major treatise entitled “The Spirit of the Laws” (1748) in which he emphasized separation of powers—legal philosophers arrived at a consensus on separation of powers and their three divisions, viz. the legislative, the judicial and the executive. These were considered as the main branches of democratic and popular governments.[53][81] For each of the powers a distinct realm and area was taken into account so that none of the powers was authorized to interfere and meddle in another’s domain and their independence officially recognized. After the separation of powers, a definition was presented for each of them. We shall briefly mention their functions below:
1. Legislative power
One of the important pillars of government is the legislative. In view of the continuous change in social life and the need to formulate appropriate laws for every change, a group of individuals sit together, and, after discussion and deliberation, enact laws and regulations for the management of society, which are official and binding.
2. Judicial power
After the codification of laws and their official recognition and accreditation, there is a need to consider a branch of government and apparatus to adapt general laws to particular cases, to identify rights and duties, and to remove differences and disputes. In case of a dispute among citizens, or among organs, or between the citizens and the government, as well as in relation to the violation of the rights of people, the only authorized agency to adjudicate, attend to and adapt laws to those cases is the judicial power. Mere ratification of laws in parliament cannot solve any problem, because in times of dispute and discord, everyone deems himself rightful and interprets the law in his favor.
3. Executive power
Undoubtedly, In order to achieve its objectives, society is in need of law, but all people do not observe the laws. In fact, there are various motives to violate them. The law needs an executive power which possesses sufficient clout to implement the rules and regulations. The executive power is expected to implement laws, deter violations and implement judicial decrees passed in judicial courts. Along this line, if naked force is needed to implement laws and punish violators and criminals, disciplinary forces can be employed.
We briefly stated the theory of separation of powers in democratic and popular systems. We do not intend to explain the Islamic viewpoint on the theory of separation of powers but we deem it necessary to note that in the Constitution of the Islamic Republic of Iran, the principle of separation of powers has been accepted, while the principle of wilayah al-faqih, which emanates from the Islamic nature of the system, serves as the point of connection between the powers. Legitimacy of powers in the Islamic system lies in the Islamic and divine structure, and in a sense in their connection to the Origin of creation, but wilayah al-faqih is the system’s link to God and its basis of legitimacy.
Once we talk about the enactment and implementation of laws in the realm of Islamic political system and claim that the aggregate of approved laws and rules should be Islamic and religious, we make it clear that Islam is concerned not only with issues pertaining to prayer and fasting, worship and supplication, but it is a comprehensive code of life that embraces social law, corporate law, civil law, commercial law, international law and other laws needed by society.
Thus, as principle and rule, we have accepted that Islam has social laws that bind the government to regard them as credible and strive to implement them. According to Islam if a government neither regards the laws of Islam as credible, nor strives to implement them, it is an illegitimate government.
Skepticism on alleged impotence of Islam in social administration
Here the expressed skepticism is that man is increasingly in need of ample new laws. Indisputably, in the text of the Qur’an, the Sunnah of the Prophet (s) and the sayings of the pure Imams (‘a) not all the laws addressing the needs of the day can be found. Nowadays, man needs a set of laws whose subjects did not exist during the early period of Islam, for which specific rulings need to be issued.
For example, let us consider the laws pertaining to airspace and the air jurisdiction of countries. Does an airplane have the right to enter the air jurisdiction of another country with the permission of its authorities or not? Such laws basically do not exist in the Qur’an, the Prophet’s Sunnah and sayings of the Ahl al-Bayt (‘a) because at the time, there was no airplane to be discussed.
The same applies to traffic and driving rules as there was no car at the time as well as laws on seas and outer space and other subjects and there is a need for legal experts and legislators to enact appropriate laws for them after thorough examination and contemplation.
Given the fact that the said laws that address all needs of society do not exist in the Qur’an and the Sunnah, how can it be claimed that Islamic and divine laws must be implemented in society when in fact Islam has no law in so many areas?!
Society is in dire need of such laws, which we cannot find in Islamic sources. What options do we have? How can we consider ourselves as bound by Islamic laws?
What has been mentioned made those who have no faith in Islam express skepticism in religious laws as impractical and insufficient to administer society, and suggest more efforts be exerted on enacting and implementing man-made laws. In order to portray the subject as confusing and complicated, they expressed the above skepticism in various forms, and people also exacerbated it for different motives.
Undoubtedly, their goal is to undermine the Islamic government and to inculcate the notion that Islam cannot administer society. Therefore, the plant if the Islamic Revolution and Islamic government and emphasis on it is futile and the idea of “Islamization” of the government should be forgotten, because it is not feasible. Unfortunately, some sympathizers of the Islamic Revolution and followers of Islam have also been influenced by this skepticism. It is necessary to present an appropriate reply so that, they remain faithful to Islamic laws, and find solutions to cases in which society needs a law which has no precedence in Islamic sources.
Types of laws and necessity of enacting variable laws
In reply to the above skepticism, it is necessary to explain at the outset that law has a general and broad meaning which also includes natural laws such as laws on physics, Lavoisier’s[54][82] law on chemistry, Newton’s law of gravity and Einstein’s law of relativity. This group of laws that exist in nature and can be empirically proved are discovered by scientists and are not enacted. These fixed and actual laws are related to natural phenomena, and have nothing to do with legal, political and social laws.
Similarly, we are not referring to rational laws such as laws on logic, philosophy and mathematics. We are referring to enacted laws which are technically called “conventional laws” [qawanin-e i‘tibari]. Of these laws those that are credible and can be implemented, provided they are enacted by a credible authority, can be divided into three types:
1. The constitution
Constitution means a set of relatively permanent laws codified by competent authorities for a country in accordance with its culture and traditions. These relatively permanent laws are binding for a long period and considered as the basis and foundation of managing society. In view of their relative permanence and immunity from regular changes, these laws are general and limited; thus, the constitution of every country consists of some basic and important articles.
As such, in the constitution there is no room for detailed and specific laws which cover extensive and diverse needs, and are subject to amendment with the emergence of new circumstances. The Constitution is general and permanent in nature and detailed laws are not included in it except those detailed and limited laws which, on account of their importance and special status, give stability to it.
2. Laws ratified by parliament
The second type refers to the laws ratified in the Majlis or parliament. Since some countries have another house of legislation called senate or any other term, in addition to parliament, the laws ratified by the said house of legislation are also included in this type of laws. In our country, apart from the Islamic Consultative Assembly (Majlis) which passes bills needed to administer the country, the Council of Guardians, which is similar more or less to the Senate in other countries and to a constitutional court and consists of a group of jurists and legal experts, conforms the bills ratified by the Islamic Consultative Assembly with the Constitution and religious law. In case of inconsistency with the Constitution and the religious law, it refers these ratified bills back to the Majlis for review.
3. Laws ratified by cabinet
In addition to the laws ratified by parliament, in every country there are binding rules and regulations ratified by other organs, for example, the executive orders issued by the cabinet (executive branch). The constitution has rested authority to the cabinet to ratify laws in specific cases. Similarly, in certain cases the president can also personally take decisions. These executive orders and presidential decrees need not be submitted to parliament for ratification as they are automatically deemed legally binding. Also, bylaws and circulars approved by concerned authorities and officially communicated to offices and executive offices are also called laws and the government is bound to implement them.
Thus, in our country as in some other countries there are three types of laws: (1) constitutional, (2) legislative; laws ratified by the Islamic Consultative Assembly (Majlis) or parliament, and (3) executive orders, presidential decrees, bylaws and circulars approved by authorities legally authorized to do so.
At no time and nowhere in the world are these laws and bylaws ratified all at once; in view of changing circumstances, statutory laws and executive orders are amended and reviewed. Today, circumstances may require the Islamic Consultative Assembly to enact a law, and tomorrow circumstances may change and the said law might be amended and reviewed. In this manner, executive orders have to be amended and reviewed with change of circumstances. Also, when a new president assumes office, it is his prerogative to amend or annul previous executive orders.
Of course, those whose primary concern is the interest of society try their best to codify orders with utmost care to ensure that they are devoid of all possible errors. Naturally, when we say that the laws must be Islamic, it does not mean that all laws ranging from the Constitution to the statutory laws and executive orders must be explicitly derived from the Qur’an.
Meaning of Islamic nature of laws
In explaining the meaning of the Islamic nature of laws and orders, it is important to pay attention to the process of enacting common laws. For example, in codifying and approving bylaws and orders the cabinet or executive power must act within the perimeter determined for it by the Islamic Consultative Assembly and not go beyond it. In other words, the extent of the executive power’s prerogatives has been stipulated by the Constitution and the Majlis’s statutory laws, and the executive orders should be within this framework.
These orders should manifest the generalities reflected in the Constitution and the laws ratified by the Majlis. Thus, initially, generalities are described in the Constitution and statutory laws whose meanings the cabinet or the concerned authority in certain cases has to interpret within the framework of executive orders. The cabinet cannot act unconditionally on its own without any frame of reference. In fact, its executive orders must be within the framework of the Constitution and laws ratified by the Majlis.
The laws ratified by the Majlis, in turn, must be approved and endorsed by the Council of Guardians. That is, the Majlis must also act within the framework of the Constitution and in this way, its ratified laws will be considered credible, enjoying executive guarantee. Therefore, the credibility of executive orders and their being binding depend on their conformity with the Majlis’s statutory laws and the credibility of statutory laws means that they are within the framework of the conditional law of the country.
The credibility of the Constitution of the Islamic system is based on its consistency with the legislative will of God the Exalted. As such, the entire laws and decrees have a linear relationship and they are credible, provided that this hierarchy is observed in such a manner that it ends up in Islam and the legislative will of God. It is not in the sense that all the executive orders, circulars and statutory laws can be explicitly found in the Qur’an and the Sunnah.
Since God delegated certain prerogatives to the Holy Prophet (s) to promulgate specific laws and decrees in certain cases, these laws and decrees are credible and binding because they are based on the permission and will of God. It is obligatory to obey and act upon them on account of the decree of God on the necessity of obeying and following him. Under the aegis of this decree of God, the laws and orders promulgated by the Messenger of Allah (s) are credible and, at the same time, it is obligatory on others to obey and act upon them; otherwise, merely to obey the orders of the Messenger of Allah (s) without divine sanction is not obligatory.
So, the laws which God, the Exalted, has directly enacted and explicitly mentioned in the Qur’an occupy the foremost degree and are intrinsically credible. The laws enacted by the Holy Prophet (s) in certain cases by God’s leave occupy the next degree and their credibility is equal to that of God’s command. Similarly, the credibility of the laws which the infallible Imam (‘a) enacts and the orders he gives emanate from the decree of God because God and the Prophet (s) consider it obligatory to obey the Imam.
Now, assuming that we were living in an Islamic territory under the reign of the Commander of the Faithful (‘a), we would have considered it incumbent upon us to obey him. If the Imam (‘a) appointed a person like Malik al-Ashtar as the governor in our region saying, “Act upon his orders and do not defy them, for whoever obeys him actually obeys me,” the mere orders of Malik al-Ashtar would not be binding for the people because he was like other people, but obedience to him would have been obligatory and his orders binding because he was designated as governor by the infallible Imam (‘a) who, in turn, had been designated by God through the Prophet (s), and to obey him would be wajib.
However, laws and orders issued by a governor, designated by an infallible Imam, are considered laws of a third degree. As an analogy, the governor is like an appointed official whom the Islamic Consultative Assembly has granted powers on the basis of which he has authority to issue circulars and instructions, and on account of those delegated powers, his orders are binding. Similarly, the Majlis has acquired its credibility from the Constitution and its statutory laws acquire credibility under the auspices of the Constitution.
The credibility of the constitution in other countries emanates from the will of the people. But we believe in a higher station and reference with respect to the Constitution. We believe that the credibility of the constitution should emanate from the will of God, and the Prophet (s), an infallible Imam (‘a) or any person like Malik al-Ashtar, designated by one of the infallible Imams (‘a), has to endorse it. Therefore, the credibility of law should emanate from the words of God, the Prophet (s), an infallible Imam (‘a), and then any person designated by an infallible Imam. This is the logic and theory of Islam.
In the time of occultation [ghaybah] of the infallible Imam, since the wali al-faqih has been chosen through a general designation by the infallible Imam, his wilayah is endorsed by the Imam and acquired credibility, thus, his approval is the source of credibility of the constitution; otherwise, the constitution by itself is questionable. It is debatable as to where its credibility emanates from and who has the right to amend it. On what basis does a minority that has not voted for a certain law abide by it? And there are many other questions. However, when we say that this law has been declared credible by one formally designated by the infallible Imam, there is no room for any more questions.
Process of legislation in the Islamic government
It is clear in the theory of Islamic government that the original credibility of law comes from God, and the words of anyone, like the Prophet (s), who is credited by God, become binding. In turn, the words of anyone who is designated by the Prophet (s), or the Commander of the Faithful (‘a), are equally binding. Similarly, the laws and decrees issued by anyone who is designated by the infallible Imam (‘a) through a general or specific appointment shall be Islamic and sacred because they have been approved by God.
Of course, as we have said, in the Islamic government this approval may take different intervals. The credibility of approval of the wali al-faqih emanates from the approval of and endorsement by the infallible Imam (‘a) and the credibility of decrees and approval of the infallible Imam, in turn, emanates from the approval of and endorsement by the Prophet (s). Finally, credibility of the Prophet’s approval is confirmed through an explicit text [nass] of the Qur’an where God says:
يَا أَيُّهَا الَّذِينَ آمَنُوا أَطِيعُوا اللّهَ وَأَطِيعُوا الرَّسُولَ وَأُوْلِي الأَمْرِ مِنكُمْ...
“O you who have faith! Obey Allah and obey the Apostle and those vested with authority among you...”[55][83]
and in another verse:
النَّبِيُّ أَوْلَى بِالْمُؤْمِنِينَ مِنْ أَنفُسِهِمْ...
“The Prophet is closer to the faithful than their own souls….”[56][84]
Thus, the aforementioned link has a perfectly logical foundation for the members of an Islamic society and those who believe in the truthfulness of God, the Prophet (s) and the infallible Imams (‘a). As we have expounded earlier, we have to talk on the basis of our audience’s convictions and beliefs and through their language. For this reason, if a person does not believe in God and in the truthfulness of the Messenger of Allah (s), or is doubtful of the infallible Imam (‘a), we need to discuss this issue in a different way.
Initially, we have to deal with the fundamental and essential principles of Islam, and then after proving them, tackle other subjects, including political and administrative issues, on the basis of those principles. Of course, this form of legislation, or the other usual forms can also be examined on the basis of their value for the benefit of society.
Legal status delegated in the Islamic government
In the Islamic political theory, besides the fact that all principles of law must be enacted by God, all laws and orders be approved by Him, the Messenger of Allah (s), an infallible Imam, or his general or specific successor, the implementer of the law also has to be designated by God to acquire credibility through this system of guardianship. (The judicial organ also has an executive function; it must be regarded a righteous reference authority in cases of disputes and differences and check the law prior to its implementation. Therefore, an independent and special status has been given to it.)
At the time when the Prophet (s) or an infallible Imam was present, he had to personally hold the reigns of government or designate someone to implement the law; for example, Hadrat ‘Ali (‘a) appointed Malik al-Ashtar as the governor of Egypt in order to implement the law there. However, in this period of ghaybah when the people have no access to the infallible Imam (‘a), the responsibility of implementing the law lies on the shoulders of the one who has been appointed by the infallible Imam through a general designation, and this will lead us to the theory of wilayah al-faqih about which we will discuss later, God willing.
It should now be clear that in Islamic political theory and administrative structure, just as the law should be linked to God, the implementer of the law should also be linked to God and be appointed by God either through a general or specific designation.
The judicial organ should be equally linked to God and the judge should be appointed by God either through direct, or indirect and general designation. In either case, if the judge has no link whatsoever to God, his decree shall have no credit at all. The Holy Qur’an has pointed out God’s direct designation of Hadrat Dawud (David) (‘a) to judge among men:
يَا دَاوُودُ إِنَّا جَعَلْنَاكَ خَلِيفَةً فِي الْأَرْضِ فَاحْكُم بَيْنَ النَّاسِ بِالْحَقِّ...
“O David! Indeed We have made you a vicegerent on the earth. So judge between the people with justice….”[57][85]
And regarding the Prophet of Islam (s), it says:
إِنَّا أَنزَلْنَا إِلَيْكَ الْكِتَابَ بِالْحَقِّ لِتَحْكُمَ بَيْنَ النَّاسِ بِمَا أَرَاكَ اللّهُ
“Indeed We have sent down to you the Book with the truth, so that you may judge between the people by what Allah has shown you.” [58][86]
It also states:
فَلاَ وَرَبِّكَ لاَ يُؤْمِنُونَ حَتَّىَ يُحَكِّمُوكَ فِيمَا شَجَرَ بَيْنَهُمْ...
“But no, by your Lord! They will not believe until they make you a judge in their disputes.”[59][87]
In sum, in the Islamic political theory, sovereignty, legislation and the administration of society in all its dimensions and aspects must emanate from the legislative will of God.
Notes:
[60][81] Sometimes, in contrast to the common term “government” applied to the three powers, “government” is only applied to the executive power. Of course, this is a specific term which is used in limited cases. Usually, “government” is used in its common and broad meaning.

Author: Muhammad Taqi Misbah Yazdi
Source: al-islam.org

Station of Politics in Islam

In order to make clear whether or not the Qur’an talks about politics, we present an unequivocal definition of politics. Politics means the method of administering or organizing the society in such a manner that its interests and desires are realized. In simpler terms, politics means the rule of statecraft. What we mean by politics is not ‘real politic’, the concept with negative connotations, which is linked with chicanery, trickery, scam, and deception.
In the sphere of politics and statecraft, since the time of Montesquieu[4][13] the administrative body has been seen to be composed of three powers, viz. the legislative, executive and judicial. The function of the legislative body is the enactment of laws and decrees for the administration of society and formulation of rules of behavior for the people under different circumstances, in such a manner that justice is implemented, order prevails in society, and the rights of individual is not trampled upon. In general, society moves toward reform. The function of the executive body, the cabinet, is the implementation of laws and regulations enacted by the legislative body. The function of the judicial body is to adapt general laws and cases to particular and special cases and adjudicate and pass judgment on the disputes and differences among people.
Considering the above classification and functions mentioned for each of the powers, the opinion of Islam and the Qur’an about the station and legitimacy of the three powers must be examined. Do the Qur’an and Islam have specific orders and laws in these domains? It must, however, be noted that by “laws” we mean social laws and decrees, (not personal laws) whose existence in religion no one doubts.
The social laws include civil, penal, commercial, political and international laws. Once we take a glance at the Qur’an, we discover that all kinds of laws in the world for the administration of society, and the management of international relations can be found therein. Apart from the fact that civil laws; decrees on marriage and divorce; laws on trade, transactions, mortgage, loan and the like can be found in the Qur’an (which proves that issues on statecraft, like enactment and presentation of laws for the administration of society are taken into account in Islam), a special right for the Prophet (s) has been stipulated in the Qur’an to enact laws and decrees on particular cases based on circumstances of time and space, and the faithful are duty-bound to act upon the laws issued by the Messenger of Allah (s): “A faithful man or woman may not, when Allah and His Apostle have decided on a matter, have any option in their matter.”[5][14]
In this noble verse, the faithful have been deprived of the option to violate the decision of God and His Prophet (s).
Thus, apart from the orders of God and fixed divine laws, laws enacted by the Prophet (s) are also binding on all those living within the jurisdiction of the Islamic government. No one has the right to question these laws because whoever opposes them does not regard the Prophet as an emissary of God. We have no business with such a person. He who believes in the Prophet’s (s) right of legislation being delegated to him by God, but disputes about a truth, we will argue with him according to verses of the Qur’an.
Therefore, the Qur’an does not say, “An unbelieving man or woman may not…” but rather “A faithful man or woman may not…”As such, just as every ‘faithful’ living under the Islamic government acknowledges the apostleship of the Prophet (s) and regards the laws of God as necessary to follow, he should equally regard the orders of the Prophet (s) as necessary to follow. The necessity to follow God and His wilayah over all the faithful is established by such noble verses as: “The Prophet is closer to the faithful than their own souls...”[6][15]
According to the Qur’an, therefore, both the highest level of implementation of law and the right of legislation have been delegated to the Messenger of Allah (s). Whether or not such a right and station is also established for anyone other than the Messenger of Allah must be dealt with elsewhere. Presently, our concern is whether Islam has an opinion about politics or not.
Judicial laws in the Qur’an
Meanwhile, concerning the issue of judging after adapting general divine laws to cases where there is a dispute and discord among people, God says: “But no, by your Lord! They will not believe until they make you a judge in their disputes, then do not find within their hearts any dissent to your verdict and submit in full submission.”[7][16]
In the above verse, not only is the right of adjudication confirmed for the Messenger of Allah (s), but the acceptance of and acting upon his adjudication and verdict has been regarded as a requisite of faith. This point is accompanied by a very emphatic oath—“In their disputes the people must definitely make you the judge and arbiter, and after you pass a judgment they should not nurse any dissent and dissatisfaction in their hearts but should accept the judgment with full submission and obedience. Otherwise, they will not be truly faithful.
The true faithful is one who, if the Islamic court issues a decree against him, accepts it with open arms, realizing the possibility that his right is violated because the judge passes the verdict on the basis of external means of rendering justice, which the Messenger of Allah (s) explained thus: “Verily, I judge among you on the basis of proof and testimony.”[8][17] The testimony of a witness who is outwardly just is accepted although he might have lied in his testimony or committed an error therein. If everyone does not act upon the verdict of the judge, no progress can be made and the system will collapse.
What can be deduced from the Qur’an on penal matters, such as blood-money [diyah], qisas,[9][18] ta‘zirat,[10][19] and the like, testify that Islam is highly involved in politics, administrative affairs and society. Islam has gone to the extent of taking into account hudud[11][20] for criminals and corruptors in certain cases and of authorizing the judge to implement them even if there is no specific complainant. In such cases divine limits and rights have been violated and sometimes punishments are difficult to endure and accept. For example, the Qur’an says that in an Islamic society if an illegitimate relationship between a man and a woman is proved before the judge through the statements of four witnesses, both of them must receive a hundred lashes, and the Qur’an particularly admonishes the judge not to be influenced by emotion and have pity on them: “As for the fornicatress and the fornicator, strike each of them a hundred lashes, and let not pity for them overcome you in Allah’s law...”[12][21]
Undoubtedly, by implementing such a punishment the person will be disgraced, but society will acquire immunity. Regarding theft the Qur’an says: “As for the thief, man and woman, cut off their hands as a requital for what they have earned. [That is] an exemplary punishment from Allah and Allah is All-mighty, All-wise.”[13][22]
We conclude that the Noble Qur’an mentions adjudication, enactment of rules and regulations to preserve social order and secure the interests of society, and implement the hudud and ta‘zirat[14][23] rights of the Messenger of Allah (s). For a fair-minded person there will remain no doubt about Islam’s involvement in sociopolitical issues if he refers to the Qur’an as well as the authentic traditions of the Prophet (s) and the infallible Imams (‘a). Those who stubbornly deny these truths have chosen to do so no matter what the proof.
Universality of Islam and station of Islamic ruler
Apart from clearly explaining major political issues, the rule of statecraft, enactment of laws, their adaptation to particular cases, and their implementation, the Qur’an also clearly explains secondary and minor issues such as mentioning the months of the year, for example: “Indeed the number of the months with Allah is twelve months in Allah’s Book, the day when He created the heavens and the earth. Of these, four are sacred. That is the upright religion…”[15][24]
In the above verse, the division of the year into twelve months has been mentioned as an intrinsic and fixed affair in harmony with the system of creation. Mentioning such affairs in religion has been regarded as a symbol of its firmness, correctness and reliability. Regarding the sighting of the crescent moon, the Qur’an also says: “They question you concerning the new moons. Say, ‘They are timekeeping signs for the people and [for the sake of] Hajj’...”[16][25]
Social and devotional laws are in harmony with the system of creation. In addition, many legal laws have connected the beginning of the lunar month of Ramadhan, commencement of the Hajj season and other devotional laws with the sighting of the new moon. These are because the Qur’an basically presents religion as concordant with the nature [fitrah] and system of creation: “So set your heart on the religion as a people of pure faith, the origination of Allah according to which He originated mankind. There is no altering Allah’s creation...”[17][26]
Once the divine and religious laws are divinely codified, they are unchangeable. There are also changeable laws that depend on particular circumstances of time and space. To identify and deal with these laws has been delegated to the duly competent jurist who has acquired his legitimacy and authority from God. In the Qur’an this privilege and designation has been considered for the Messenger of Allah (s).
According to the Shi‘ah creed, the pure Imams (‘a) who have also been indicated in the Qur’an, have the same designation, which has been passed on to the wali al-faqih, which issue will be tackled at its appropriate time. Of course, a religion may exist in the world which is concordant with the above notion and outlook, but it is not within the scope of our discussion. We are talking about a religion which is even expected to state and determine the months of the year. In the area of transactions and financial relations among people, it clearly states that if a person gives a loan to another, he must ask for a receipt from him and give the loan in the presence of two witnesses.
If it is not possible to get a receipt and find witnesses, he has to take a retained pledge or mortgage a valuable thing in lieu of the loan.[18][27] We believe that such a religion has a program concerning politics and statecraft besides meeting the material and spiritual needs of people.
During the previous session, while rejecting that religion is only concerned with organizing the relationship between man and God, we said that religion, in its true sense, means the divine manifestation of human life. Such religion encompasses not only a portion of human life and behavior such as worship and the performance of devotional rites, but it embraces the totality of human life and the entire aspect of his existence.
He is created to organize his life in such a way that he attains eternal felicity by conforming all aspects of his life to the Divine will and commands. Thus, direct worship of God and conventional devotion are only a part of our religious duties. Our other mental and behavioral aspects of life must be in line with the will of God and they must somehow assume a form of worship [‘ibadah] so that the sublime and lofty goal of human creation can be realized: “I did not create the jinn and humans except that they may worship Me.”[19][28]
The purport of the verse is that the perfection of man is only possible under the aegis of worship and devotion to God. Therefore, all his movements and pauses must be within this framework. Even his breathing must be according to this program. If the life of a person acquires this divine baptism and color, and is attuned with this program, it means that he is truly religious. On the contrary, if he totally refuses to worship God, he is certainly irreligious and an infidel. Between these two frontiers, viz. the frontier of true religiosity and the frontier of infidelity, there are those, a portion of whose lives is not in conformity with the will of God and are, therefore, not truly worshipping God.
The religion of this group is surely defective. In view of the variety of religious deficiencies, it must be acknowledged that those who are truly religious and observe the divine laws in all facets of their lives, and those who observe only a portion of the laws are not on equal footing. Also, religiosity and faith has basically different levels and can grow and be perfect. As the Qur’an says: “As for those who are [rightly] guided, He enhances their guidance, and invests them with their God-wariness.”[20][29]
Elsewhere, it says: “The faithful are only those whose hearts tremble [with awe] when Allah is mentioned, and when His signs are recited to them, they (Allah’s signs) increase their faith.”[21][30]
Yes, there are those, whose faith is constantly moving toward perfection and they reach the highest level of faith and come closer to the station of the awliya’ [saints] of Allah, and even be included among the awliya’ of Allah. On the contrary, there are those who are moving backward from the station of religiosity. By listening and paying attention to the doubts spread by the foreigners and their admirers in the cultural domain of society, many abandon the religion they learned from their father, mother and teacher. This is because paying attention to the doubts will lead willy-nilly to misguidance of those who do not possess the ability to assess and study matters. In this regard, the Qur’an says: “Certainly He has sent down to you in the Book that when you hear Allah’s signs being disbelieved and derided, do not sit with them until they engage in some other discourse, or else you [too] will be like them.”[22][31]
Man has to first increase his learning as well as intellectual and rational foundation and empower himself with experience, analysis and response. He may then listen to doubt and skepticism. But the person who does not have the power to deal with the doubts should not place himself in the danger of misguidance by listening to doubts. Islam does not say that you should not enter the arena of wrestling. It says that you should wrestle with an opponent of equal weight and if you want to wrestle with a heavyweight opponent, you should first increase your weight and extend your training. Islam does not say that you should not listen to others’ words and misgivings.
It rather says that the attention paid to them should commensurate with the extent of your experience, analysis and discernment. First of all, one has to acquire divine gnosis [ma‘rifah] and learn the art of responding to doubts. Thereafter, one should discuss religion with others and listen to their statements so that they do not disarm you and impose their opinion on you.
Separation of religion and politics an extra-religious outlook
In propounding the separation of religion and politics, they say that they have consulted the Qur’an and are examining it through extra-religious lens. Before examining the sources of Islam and considering what the Qur’an says about politics, they pose this question: In essence, what is man’s need for religion? In what issues does he need religion to guide him? Regarding this matter, they have considered two hypotheses. The first hypothesis is that in everything and in all aspects of life man is in need of religion. Things such as the way of preparing and consuming food, the way of acquiring and building a house, the way of contracting marriage, and forming a society and government are all the same.
They ask: Should religion solve all these problems and man no longer engage in scientific research? Should we have maximum expectation from religion and consult it for all information? Whenever we want to buy clothes, we need to see what Islam says about it. Whenever we want to eat food, we have to check which food Islam suggests. Whenever we want to consult a doctor, we need to know what Islam advises. Also, we have to find out what religion says about forming a government. Their other hypothesis is that religion has limited jurisdiction and we should have minimum expectation from it. Obviously, religion has an opinion in all matters needed by man, but no religion ever claims that it provides for all the needs of man.
After finding out that religion does not teach us the methods of cooking, curing diseases, engineering, and building airplanes and ships, the distinction between the issues dealt by and not dealt by religion must be examined, and in which areas and spheres religion has been involved. They arrive at the conclusion that religion is concerned only with affairs related to the hereafter and has nothing to do with worldly affairs, and that we should have the least expectation from religion. From religion we should only search for the path of eternal salvation and the means and ways that will make us enter paradise and save us from hell. We should learn from religion how to pray, how to fast, how to perform the Hajj pilgrimage, and other matters related to the hereafter.
They assume that they have solved the issue concerning the relationship between religion and politics by demarcating them and separating the jurisdiction of religion from that of politics. It has been stated that politics belongs to mundane affairs while religion is only related to the hereafter. Neither should religion interfere in the domain of politics nor should politics interfere in the domain of religion. Only knowledge and human accomplishments should interfere in politics which deals with the jurisdiction of this world and science. Fields such as physics, chemistry, biology, medicine, psychology, and sociology belong to the domain of science. Religion has nothing to do with them. Religion is only involved in matters pertaining to the hereafter.
The origin of this issue can be traced back to many centuries in the West. When there was conflict and dispute between the ecclesiastical authorities and the men of science and politics it led to wars and clashes between them, and finally to an unwritten peace. They agreed amongst themselves that religion should deal solely with otherworldly affairs and the relationship between man and God; the sole jurisdiction of mundane affairs i.e. political, social and academic, should be left to statesmen and scientists.
This happened in the West. Those who are impressed with the West suggest that such a division of labor also be done in our Islamic country. Religion should only be in the hands of religious scholars and interfere in otherworldly affairs only. Religion and the religious scholars should not meddle in worldly affairs. Politics should, therefore, be entrusted to the political scientists and statesmen, and not to the fuqaha and ‘ulama’. In this regard, many speeches are being delivered and lots of articles being written. In proving their theory, they leave no stone unturned in inculcating this notion in the minds of our youth, that the religion and politics are apart.
Unfortunately, some of those who are engaged in cultural affairs are unconsciously influenced by this notion and other cultural waves of the West. It is gradually being accepted that religion is the opposite of politics. Religion solves a part of human problems but worldly problems have nothing to do with religion. Erroneous and deviant ideas of our writers, orators and cultural figures pose serious threats to our religious culture.
Close-knit connection between this world and the hereafter
The fact of the matter is that our life is divided into this world and the hereafter. That is, we have a period of life which commences at our birth and ends at our death. Then, the second part of our life begins on entering purgatory [‘alam al-barzakh] and facing resurrection.[23][32] This division of life does not necessarily mean that our actions and behavior in this world shall be divided into two and viewed from two perspectives. At any rate, we are in the world of action. Religion is revealed to guide our actions in the world, through a series of commandments and ordinances.
Thus, the religious commandments are not only for after death. It is not correct to say that a portion of our fifty or sixty year-long lives is related to the hereafter while another portion is related to this world. Rather, we have nothing in this world which is not related to the hereafter. All our actions in this world automatically assume an otherworldly form. That is, our actions here may be beneficial or harmful for us in the hereafter. Since our actions affect our otherworldly lives, the religious and Islamic view is that life in the hereafter is settled in this very world: “Today is the time for action and not for reckoning while tomorrow is the time for reckoning and not for action,”[24][33] and “This world is the sowing ground for the hereafter.”[25][34]
So, we will reap in the hereafter the fruit and product of whatever we sow in this world. It is not correct to say that our worldly life is alien to our otherworldly life; that a part of our actions are related to the life in this world while another part is related to the hereafter; and that we have two distinct spheres of life for this world and the hereafter. Instead, all our actions in this world such as breathing, blinking, walking, sitting, rising, looking, social intercourse, speaking, listening, eating, marital relationship, and government-people relationship can be such that ensure our felicity in the hereafter, or bring harm to us. It is true that the style of cooking and consumption of food are related to this world but the same act of eating can send us to paradise, or throw us into hellfire: “Indeed those who consume the property of orphans wrongfully only ingest fire into their bellies, and soon they will enter the Blaze.”[26][35]
Anyone who fills his stomach with the property of orphans eats food and enjoys doing so, but the food he eats will become chastisement of the hell for him. Similarly, if a person eats food for the sake of worshipping God, the same act of eating will have a spiritual reward. The same word that a person utters for the sake of pleasing God will be a tree growing in paradise for him. The Holy Prophet (s) said to his companions: “For anyone who recites tasbihat al-arba‘ah[27][36] God gives him a tree that grows in paradise.” Some said: “So, we shall have many trees in paradise because we recite this dhikr [remembrance of God] frequently.” He said, “Yes, provided that you do not kindle fire to consume them.”
Thus, once our actions are done for the sake of pleasing God, they will bring about eternal felicity and rewards, and if they are done against the order of God, they will be the cause of perdition and chastisement in hell. It is not correct to say that our lives have two distinct divisions; one of which is related to the hereafter and is spent in the mosque, church, synagogue, and temple, while another part is related to this world and to ourselves and has nothing to do with the hereafter.
As we have said, this erroneous thinking was prevalent for the past centuries in the West among the followers of certain religions and occupied the minds of many in spite of the fact that neither Islam nor any other revealed religion ever endorsed such a notion. The contention of true religion is that man is created in order to secure his own felicity or perdition, and that his eternal felicity or perdition, as the case may be, lies in his behavior in this world. If his behavior is consistent with the command of God, he will attain eternal bliss, and, if otherwise, he will incur everlasting damnation.
The “minimalist” view on the question of expectation from religion is the result of a fallacy they committed. They imagined that expecting the maximum from religion meant they would have to seek all the information about everything from religion, including the style of cooking food and building a house, which information religion could not provide, so they said that they should not expect the maximum from religion. This is fallacious because the above issue does not have only two options. It has a third option which is the correct one, and that is, we do not expect that religion to say something about everything, including the manner of eating food, wearing clothes and building a house. No one has such a claim. However, since religion has left many issues to the realm of non-religious sciences, the same issues actually belong to the jurisdiction of religion. In this way, they acquire ideological value.
Ideological baptism of actions in this world
Once we consider the life in this world as linked to the life in the hereafter and believe that the totality of man’s actions and behavior plays a role in his perfection or downfall, it will acquire ideological value and we will give religion the right to judge each action. In simpler terms, religion informs us about the lawfulness or unlawfulness of our actions and not the manner of performing them.
Religion says that eating certain foods is unlawful [haram] and sinful. For example, eating pork and drinking wine are haram, but to say something about the manner of making wine and breeding pig is none of the business of religion. The reason behind religious permissions and prohibitions is their positive or negative effects in the otherworldly life of man, and it states the moral value of every action.
In other words, the path of man toward perfection begins from a point toward infinity. That which is useful for our perfection and provides the ground for the spiritual advancement of man is proportionate to the degree of wajib, mustahabb [recommended] or at least mubah [permissible] acts performed. The performance of haram and, to a lower degree, makruh [abominable] acts will keep him away from his true perfection and God. So, religion does not say what food to eat or how to cook it and how to build a house.
However, it says that you should not build a house on usurped land or you should not build a house in such a way that it overlooks the house of another and invades his privacy. It also says that you should build your house with halal income and not out of money earned through usury [riba’]. In reality, religion mentions the ideological manner of building a house. It also invites us to consume foods that are effective in our human and spiritual growth and avoid unlawful foods, alcoholic beverages, and narcotic drugs, which are unhealthy for us: “O you who have faith! Indeed wine, gambling, idols and the divining arrows are abominations of Satan’s doing, so avoid them, so that you may be felicitous. Indeed Satan seeks to cast enmity and hatred among you through wine and gambling, and to hinder you from the remembrance of Allah.”[28][37]
Hence, the permission and prohibition of religion is meant to expound the ideological value of all actions. To sum up apart from the worldly outcome of actions, religion also speaks about every action’s contribution to the doer’s admission to paradise or entrance to hell.
Radiant capability of intellect in discerning value of actions
The ideological value of action from the perspective of permissibility or prohibition is sometimes so clear and unambiguous that the human intellect can discern it well and there is no longer need for religion to state its ruling about it. In fact, the intellect alone can identify the decree of God. As such, concerning “rational independence” [mustaqillat al-‘aqliyyah], the fuqaha have said that in some cases the intellect can independently give a judgment and know the goodness [husn] or badness [qubh] of actions. Through the use of the intellect, we discern that the will of God is in the performance or abandonment of an act; we discern that God is pleased or displeased with a certain act.
Our intellect understands that taking out a slice of bread from the mouth of an orphan is an abhorrent act. In this regard, there is no need to state the religious ruling of law, though sometimes, in addition to the discernment of the intellect, the Qur’an and ahadith have also mentioned the religious rulings which actually confirm the judgment of the intellect. In most cases, nonetheless, the intellect does not possess the capability to understand that a certain action (depending on its being positive or negative, and how valuable) is obligatory [wajib], prohibited [haram], recommended [mustahabb], abominable [makruh], or permissible [mubah]. It is at this point that religion has to state the type and degree of impact of a certain act on our ultimate perfection.
Jurisdiction of Religion
Once we observe the commandments of religion, we will realize that the jurisdiction of religion is not restricted to personal matters. It rather deals with social issues such as those related to family, marriage, divorce, and commerce, and states the scope of halal and haram and their ideological values. By stating the ideological value of those things, religion actually explains their orientation—which form will lead toward God and which will incline toward Satan. This is something which science is incapable of dealing with.
Science mentions the amount and kind of elements needed to form different things and enumerates the physical and chemical properties, but it does not state how to use things in order to secure the real success of man. In this case, religion has to judge. Therefore, just as our personal action affects our felicity or wretchedness, our action in sociopolitical affairs has greater effect.
Meanwhile, in connection with the main axis of our discussion, which is social administration, can it be said that the mode of managing society has no relation with the ultimate success or failure of man and that the people in society are free to choose whatever form and method of administering their society, and religion has nothing to do with it? Who does not know that observance of justice in society gives success to man and that justice has a very strong positive value?
In this context, even if there is no pertinent Qur’anic verse or hadith, our intellect will discern that the observance of justice contributes toward the perfection, advancement and exaltation of man. When people do not regard their intellect as sufficient to discern ideological issues in these contexts, they have to resort to the Qur’an and the Sunnah. Of course, we believe that the intellect can understand many of the ideological issues in sociopolitical affairs. This does not mean, however, that whatever the intellect understands is outside the realm of religion.
We have mentioned earlier the “discoverer” of the will of God, which expresses the divine will and wisdom and conveys to us what is pleasing to God. It makes no difference how we discover this thing. What matters is that we discovered the divine legislative will.
Sometimes, this discovery is through the agency of the Qur’an and the Sunnah while, at other times, through the intellect, for these three are the proofs and discoverers of divine decrees and religious laws. As such, the intellect [‘aql] is considered as a source of divine law. The fuqaha regard the intellect as among the proofs in proving religious decrees and settling religious issues.
So, there is no demarcation between the intellect and religious law [shar‘]—some matters belong to the intellect while some others belong to religious law. Rather, the intellect is a light which, owing to its luminosity, can also discover the will and pleasure of God, and whatever can be discovered by the intellect in this regard is a religious matter.
Relationship between Religion and Government
In view of the different forms of government existing in the world, especially the so-called Islamic governments formed during the Islamic period, it cannot be said that Islam has neither a positive nor negative view on the forms of government. If we try to compare the corrupt and oppressive government of Mu‘awiyah[29][38] and Yazid[30][39] with the just government of the Commander of the Faithful (‘a), can we claim that the religion of Islam treats the two equally and does not make any distinction between the government of ‘Ali (‘a) and that of Mu‘awiyah?!
Can it be said that everybody is free to choose any form and system of government he likes, and religion cannot interfere; that the performance of neither the government of ‘Ali (‘a) nor that of Mu‘awiyah has any effect on the ultimate fate of man because the form of government is related to politics and this world and has nothing to do with religion?! Could any reasonable person accept such a contention? Can it be said that the two types of government are equal in the sight of religion and that religion neither recommends nor discourages any of them?
The fact of the matter is that involvement in sociopolitical affairs is among the most evident areas in which religion must get involved. Religion has to explain the appropriate structure of government. Religion has to explain that the ruler has to think about the deprived and the downtrodden as well as about the consolidation of the pillars of his rule from the very beginning of his assumption of office.
Thus, the station of sociopolitical issues in religion, especially in Islam, is clear and eminent. One cannot consider them outside the jurisdiction of religion and believe that they have no effect in the felicity and wretchedness of people. Assuming that the hereafter, the Reckoning, the book of account, reward and punishment really exist, can it be said that the behavior of Mu‘awiyah, Yazid and the like has no effect on them?! Of course, even if some of our Sunni brothers have not yet resolved the issue of Mu‘awiyah’s uprightness, there are many tyrants and oppressors who have blackened the pages of history.
Can it be said that these tyrannical rulers are ideologically on the same footing as the just rulers? Today, are those who are butchering and bombing innocent women and children equal to those who are totally in the service of the deprived and the oppressed, and will live together in paradise? Which religion or nation supports this view? How then can sociopolitical issues be considered as outside the realm of religion? If religion were supposed to give its opinion about reward and punishment, halal and haram, positive and negative values, then sociopolitical issues are the most important issues about which religion must give its opinion.
Based on what has been stated, the scheme on the basis of which religious issues are separate from that of the world and religious issues are just related to God and the hereafter and are outside the realm of worldly affairs, is totally erroneous and inadmissible, and in no way consistent with Islam. The worldview presented by Islam and the life to which it invites us are repugnant to this way of thinking. This is not to mention the fact that those who are uttering such words essentially believe in neither God nor the Day of Resurrection. They are doing so with the aim of expelling religion from the scene. But we have nothing to do with their personal conviction.
Our only point is that separating mundane affairs and temporal issues from the jurisdiction of religion will lead to the denial of Islam and has no other outcome. As we have said, every action contributes to our felicity or wretchedness, as the case may be. So, we have to acknowledge that religion can give its opinion on all matters in our lives and state their ideological value. As the Prophet (s) said: “There is nothing that would draw you toward paradise and keep you away from hell except that I commanded you and there is nothing that would draw you toward hell and keep you away from paradise except that I prohibited you.”[31][40]
In the Islamic perspective, felicity without paradise has no meaning and wretchedness without being thrown into hellfire simply does not exist: “As for the wretched, they shall be in the Fire… And as for the happy, they shall be in Paradise.”[32][41]
Universality of Religion
In view of the statement of the Prophet (s), the other assumption is refuted, and to say that it is true that religion can state the value of actions and say what is halal and haram but it was the Prophet (s) himself who stated the values of some actions while some were delegated to the people, i.e., he stated whatever was related to his own time, delegating the rest to the people to identify what is halal and what is haram according to the circumstances of their time.
This statement means that the Prophet (s) did not state all that would give us felicity. This is what he said: “There is nothing that will ensure your felicity except that I have stated it.” Of course, this statement does not mean that he has stated all the minute details. He has rather stated the general rulings, so that, in all times after him, those who have authority can deduce from them specific laws; what is halal and haram according to the evidence, and present them as primary and secondary rulings or government decrees.
Undoubtedly, to identify the specific laws and evidence, which is called religious edict [fatwa’], is in accordance with the general principles mentioned in the Qur’an, the Sunnah of the Messenger of Allah (s) and sayings of the infallible Imams (‘a).
Notes:
[33][13] Charles Louis de Secondat Baron de la Brede et de Montesquieu (1689-1755): French writer and jurist, who explored in depth in his The Spirit of the Laws (1748; trans. 1750) the modern idea of the separation of powers as well as the checks and balances to guarantee individual rights and freedoms. Albeit not using the term “separation”, Montesquieu outlined a three-way division of powers in England among the Parliament, the king, and the courts, though such a division did not in fact exist at the time. [Trans.]
[34][32] Of course, another part of life prior to the life in this world can also be considered and that is the life in the womb.
Author: Muhammad Taqi Misbah Yazdi
Source: al-islam.org

Observance of Values and Legitimate Freedom in an Islamic State

We discussed the need of executive power in order to find out its characteristics, duties, and conditions to be met while discharging its duties. As we have said, one of the elements of the state or executive power’s raison d’être is to guarantee implementation of laws. In the Islamic system laws are directly taken from the sacred code [shari‘ah] or enacted by those who have been authorized by the Sacred Lawgiver. These laws must also be implemented. In the first degree, people themselves have to directly implement the laws, preserve each other’s rights and perform their respective duties. In the collective scene, family sphere and realm of international relations, they have to behave within the framework of Islamic laws.
The performance of duties and observance of social regulations requires strong motivation. Common people primarily think about their personal interests and pay less attention to social interests especially if they cause a loss to them. Only those who acquire profound and noble training and education give priority to public interests over personal interests. As such, the reason behind most of the violations taking place in the realm of social responsibilities is a lack of motivation for social responsibilities. So, an individual or group of individuals needs to take charge of ensuring implementation of laws by persuading people to observe the law and punish them in case of any violation.
So, the existence of executive power which implements law by using force is necessary. Initially laws are made for the administration of its affairs. For example, punishments for aggression and encroachment upon the properties of others are determined. Then, if someone violates the law by encroaching upon another’s property, the executive power punishes him.
In some cases, an ambiguity creates tension between two groups or individuals and a dispute arises between them. It is even possible that none of the parties intends to violate the law but because of their ignorance of what is right, they do not know their own duty and status. In such cases, the judiciary expounds the cases according to the law and determines the rights of both parties and announces its verdict. If the conflicting parties are not satisfied and do not want to abide by the verdict, it is forcefully implemented by the executive. A legal official will also be necessarily involved and be part and parcel of executive power. According to the categorization of many political philosophies, however, judicial power is a separate branch of government distinct from executive and legislative powers.
Under this categorization, the special function of legislative power or legislature, is the ratification of laws, determining rights of individuals and specifying the type of punishment for every violation. For example, according to a certain law ratified by the same legislative power, it is clear whether a certain transaction is valid or not. If there is doubt whether a certain transaction is according to the relevant statutory law or not; whether it is valid or not; or there is a dispute between two parties; it has to be referred to a court of law because, as an integral part of judicial power, the court’s function is to examine the conformity of statutory laws to actual cases.
If the announcement of the judge’s decision says that Mr. “A” has to give a certain amount of money to Mr. “B” and the two parties accept the judge’s verdict and abide by the law peacefully and willfully, the case will be closed; otherwise, the executive power interferes and uses the police force under its command to get the required amount and give it to its rightful owner.
Although one of the main functions of executive power is to guarantee implementation of laws and social decrees, it must be borne in mind that the implementation of laws is not a monopoly of executive power. Others are also expected to implement laws. Similarly, the function of executive power is not only to implement laws, but also engage in making laws in some cases. It is impossible to separate legislation from execution of laws, and their interrelation is more or less accepted by all forms of government.
It is true that the main function of the government or executive power is implementation of laws but in some cases it also engages in making laws and formulating rules and regulations. On the other hand, legislative power also engages in executive work and certain executive works have to be ratified by parliament; for example, signing of contracts with other states and foreign companies on the exploitation of natural resources such as oil and others. It is true that signing a contract is an executive function but without the ratification of parliament, it will never become binding.
So, it is not true that there is a redline separating the three powers from one another and one can not interfere in the others’ business, i.e. neither the government issue any executive order nor parliament interfere in executive affairs. Still, each of the three powers has its own special function.
However, the Islamic system is different from others with respect to the issue of legislation. In the laic systems, the basis and pivot of law is material collective interests of people and in addition to their ratification, the execution of laws is also based on those interests. In Islam, however, the material and worldly interests of people must be taken into account in legislation but not at the expense of neglecting their spiritual and otherworldly interests. In fact, in the codification of laws spiritual interests take precedence over material interests.
This is the essential and fundamental point that distinguishes the Islamic system from the materialistic, laic and secular systems. Naturally, in such a system, the burden of responsibility of the executive is heavier than that of other systems. That is, apart from urging the people to observe social rights and not oppress each other and prevent chaos and disorder, the executive must also observe Islamic values and implement them.
First principle of human conduct
An important feature of man is the power of will and choice that makes him distinct from animals and angels. Animals are motivated by their instincts and there is no room for choice and selection in them. The level of choice that sometimes exists in them stems from their instincts and they have no rational choice that emanates from intelligence and thinking. An animal which is trained to behave in a certain way and perform a certain action by the order of its trainer does so because there is a certain amount of choice within the limits of instinctive actions.
Angels, however, have celestial and heavenly attributes and they have no inclination or desire to do evil and deviate from truth. They are among the most holy and nearest ones to God and have exalted, pure and spotless stations, but they have no choice. In reality, their nature is based upon unconditional worship, obedience and submission to God. Man—this vicegerent of God [khalifatullah] and carrier of the divine trust—is a being that possesses the power of choice. There are always two ways in front of him and he has two masters and two sources of attraction, one leads toward God and the other toward Satan. He must have the power to choose and select one of these two ways. Once he is deprived of the power to choose and is coercively drawn to a certain way, it means that he is deprived of his humanity.
Therefore, the guiding principle with respect to man’s training—whether in individual and family issues or social and international issues—is to pave the ground for choice and selection so that he selects the right path by his own choice and freewill, and not by imposition. Sometimes, however, social interests require that pressure must be exerted on man. In reality, the existence of executive power and naked force is based upon secondary, and not primary, interests.
To say that there must be executive power to implement laws and even compel violators to abide by them, in some cases, is contrary to the primary principle. The primary principle is that law must be at the disposal of people who act upon it willfully and volitionally, and no one violates it. No one cheats another, receives bribery, steals, and violates the lives and properties of people. Yet, violation of law is also committed in society and the existence of brute force to prevent any violation of law becomes necessary; otherwise, corruption will engulf the world and there will be no chance of improvement for those who want to choose the right path.
In order to keep the door of correct choice open for the majority of people in society, violators of law must be checked and punished whenever necessary, and thus, give others a chance to improve and evolve. If this is not done, some bullies will threaten the interests of entire society by using physical strength, intellectual power, or satanic ruses, and this will negatively affect the divine purpose in the creation of man.
It is true that in an atmosphere of freedom and liberty, man himself has to choose the right way, but this freedom is not unlimited. Individuals should not be given so much freedom that others’ freedom of choice is closed—in the words of the Qur’an, to hinder others from treading the way of God.[14]
Thus, violators must be dealt with so as to remove the hindrances along the way of God. It must be borne in mind, however, that the prevention of violations and use of brute force in implementing law have certain conditions and limitations and must be carried out with precision. In the same cases in which Islam resorts to the use of force in order to secure social interests, it exerts utmost meticulousness and tries to keep the door of return (repentance) open for violators, except in so heavy a crime or offense that it is necessary to put an end to the life of the criminal so as to preserve collective interests and prevent the spread of corruption.
Islam’s instructive approach in enacting penal and criminal laws
Islam has enacted capital punishments for certain crimes, but in order to establish and prove them, it has also laid down difficult conditions, thus making it very problematic to prove those crimes. In dealing with the philosophy of divine laws, the considered wisdom behind punishments and penalties is the lesson taken from it which acts as a deterrent and thus prevents the spread of crimes and offenses. In order to reach this goal, there must be penalty commensurate to the crime and for heinous crimes capital punishment must be taken into account.
For example, if a light punishment—an insignificant fine or short-period detention—is taken into account for a criminal act like robbery, robbery in society will not stop and the hidden wisdom behind divine punishments and penalties will not be realized.
On the other hand, if it is easy to prove a crime and individuals can easily be punished, execution of punishments and penalties will spread in society because many deserve punishments, and thus the honor and reputation of many families will be tarnished. It is for this reason that Islam has made it difficult to prove a crime. For example, in case of the abominable act of fornication, Islam has considered heavy punishment and even ordered that the fornicators, man and woman, must be punished in public, and social considerations and human feelings must not cast a shadow on the implementation of the divine punishment.
In order to prevent moral corruption in society and family the punishment for fornication must be given in public and one must not shirk executing the punishment under the pretext of a Muslim’s reputation. On the other hand, however, Islam has set difficult conditions for proving such a crime. As a result, very few cases of the crime are actually proven and only a few among the fornicators are punished.
In proving that crime Islamic law has stipulated that four just witnesses must testify that they have personally seen the performance of the immoral act. If only three will testify, even if they are the most just and famous of people in society, not only will the crime not be proven and the accused be exonerated, but the judge will order the punishment of the three and penalty for calumny and false accusation against others will be exerted on them.
The existence of such meticulousness and strictness in the implementation of all laws of Islam, the penal codes in particular, shows that Islam pursues the realization of its lofty goals and aspirations, observes sublime values, but insists on ground realities and is not contented with mere idealism. In fact, the method of Islam in administering society is between idealism and realism and contains elements of both. Islam considers it necessary to observe lofty values and does not allow them to be tarnished in society just as done in non-religious and non-Islamic societies that have brought about widespread corruption and ample ignominy.
With the aim of keeping Islamic society free from this corruption and pollution, Islam has stipulated capital punishment for corruptors. On the other hand, however, Islam is realistic and accepts the fact that some people engage in corruption and violation of law for more than one reason. As such, it has laid down difficult conditions for proving a crime.
The purpose is the implementation of law by its guarantor using force and compulsion in case of violation, while observing that the action of man is conscious and done out of freewill and choice. On the other hand, the collective interests must be observed and one should not allow individuals to threaten the interests of society by misusing unlimited and unrestrained freedom.
The state’s fixed and alterable duties
Once we take a look at the laws we will find that some pertain to people who are obliged to abide by them, and the role of state in this context is to monitor their activities and present practical policies that invite them to respect law and confront violators. Others pertain to the state which is bound to implement them. These are related to needs of citizens, important economic activities, investment, and services which cannot be rendered by people and even if they are capable, there will be few volunteers to do so, and without them public interests will not be served. Thus, there is need for an organized, cohesive and systematic organization called “government” to render services such as defending the territorial integrity of a country against foreign invasions; administering war and procuring necessary military equipment and armaments; undertaking vaccination programs against contagious and epidemic diseases like polio, which can only be undertaken nationwide and at its opportune time with the government’s management and facilities; maintaining public health and providing medical services and facilities for all citizens; and effectively campaigning against the trafficking, distribution and use of ominous narcotics and drugs and punishing the merchants of death (drug traders).
It is true that by enjoining what is good, forbidding what is bad, not consuming narcotics, and preventing its distribution, people can play a role to a certain extent, but it is beyond their capability to launch an extensive and grand campaign against the ominous phenomenon and their limited facilities are insufficient for this campaign. The same is true in the case of moral corruption which has become rampant. Only the state or government is capable of combating them.
Some laws are concerned with needs that can be met by both government and people, but changing circumstances of time and space as well as social development create different ways of meeting them. Some social activities can be undertaken by people themselves in a simple form and to a limited extent at a given period of time, but with the emergence of new conditions and social development, they become complex and people can no longer undertake them. It is at this juncture that the state has to interfere and undertake the social activities that become complex. For example, rearing, training and educating children is the duty of all parents or citizens who must strive hard in this connection, but today the situation is such that if there was no strong “Ministry of Training and Education” in the country and laws related to compulsory education were not implemented, the percentage of literacy in our country would fall.
Similarly, in the light of new developments and conditions, issues such as public hygiene of cities and their lighting facilities are assigned to the government. In the past, they were not part of government duties. Some of them like radio and television were never an issue to be assigned to the government. With the emergence of social transformations new duties are assigned to the government—duties which if the government will not discharge will damage social advancement, and as a result, Islamic society will lag behind in the fields of science, technology and industry. Once training and education is weakened, the spiritual dimension of people will also be weakened because spiritual perfection is possible through knowledge and learning, and a society deprived of knowledge is also deprived of spirituality.
In view of what we have said, one can reexamine the status, fixed structure and elements of state. The elements and constituents of state in the absence of which the state will cease to exist are the following:
1. Guaranteeing the implementation of civil and legal laws in society such that in case of violation, they are imposed upon the people by use of force and violators are punished.
2. Securing permanent interests of society under all circumstances which remain unchanged by change in social conditions, and can be secured only by the state. For example, establishment of peace and order in society is the responsibility of government. Whether small or big, the government of a country must assume this important responsibility.
But the alterable interests and duties which are not assumed by the government in all situations, and which the people can also assume, and which are assumed by the government with the emergence of new conditions, cannot be considered part of the constitutive elements of state.
Difference in manner of implementing laws between Islamic and other states
After stating the station of the state and its responsibilities, it is appropriate to mention briefly the difference between the Islamic state and other states. In general, the Islamic state is different from secular states in the realm of laws. The realm of laws is broader in the Islamic state than in other political systems for they also ensure spiritual interests. They also differ with one another in the manner of implementing laws. In playing their roles and discharging their duties, all states are in need of financial resources which are partly procured through taxes collected from the people.
With the permission of wali al-faqih, the Islamic state may also approve and implement a law authorizing collection of taxes from people. The difference between the Islamic state and other states in the implementation of laws that ask for a certain amount of money from the people is that in implementing these laws Islam has taken into account the philosophy behind the creation of man.
In other words, Islam maintains that the actions of man must be done out of his own freewill to contribute to his spiritual growth and advancement. In tax collection the state may possibly resort to the use of force and collect taxes from the people. Of course, in order to minimize the pressure of imposed taxation upon people and avoid their protest, diverse approaches have been adopted in advanced countries of the world through which the people’s sensitivities and complaints are mitigated. One of these approaches is that taxes are to be levied for public needs and primary goods which the people buy on a daily basis. In addition to the original cost of an item which must be given to the seller, a certain amount of tax must also be paid to add to the government’s budget.
Naturally, by paying taxes in the manner mentioned above, no one gets any profit or gain, but even here Islam wants the people to grow spiritually. For this reason, in some cases Islam has not compelled the people to pay taxes and does not dispatch any collector to collect khums[15] which is one of the Islamic taxes.[16] Even in case of zakat which is obligatory upon the Islamic state to collect, the liberty of people in paying it must be observed. As such, when collectors of zakat refer to people, they neither assess the assets liable for zakat nor determine the amount of zakat.
Rather, the person concerned voluntarily mentions the extent of his yields and the zakat for them is calculated and received. Here pressure, compulsion or investigation is not used to know the truth—whether he is telling the truth or not—except in cases where violations (zakat evasions) are so evident and obvious that the Islamic state would incur heavy losses, or where certain individuals formally declare their defiance in paying zakat. In such cases the Islamic state has to pursue its collection of taxes by all means.
Thus, one of the distinctions of the Islamic political system in comparison to other systems is that even in the manner of implementing laws it has taken Islamic values into account. It is appropriate for advocates of freedom, personal choice and human values, to note that in Islam the utmost rational freedom has been considered for individuals and they are expected to discharge their duties freely to attain nobility, growth, and advancement.
If ever in some cases Islam acts decisively, and in the words of the gentlemen, it acts violently, it is meant to protect the freedom and spiritual perfection of the rest of humanity and keep the way of God open. As a result, society might better be able to tread the path of truth and perfection. In any case, individual liberty is not absolute in Islam. Once this liberty arbitrarily affects material and spiritual interests of society, they shall be restricted. Individuals may receive lashes; a bodily limb of a person may be amputated; or while observing special conditions in very rare situations, a heinous criminal may be executed. These punishments and severe measures must be regarded as a warning to violators of law.
Naturally, once Islam orders the hand of a thief to be amputated, others will see the result of committing theft and the number of robberies will decrease and fewer opportunities for such a disgraceful act will remain. But if lighter punishments for them are stipulated, like imprisonment or monetary fine, the number of thieves will increase. There are even cases where prisoners who are not thieves learn how to steal on account of their interaction and mingling with thieves!
We are not afraid of telling the truth and we declare that in Islam there is severe measure and punishment, and in the words of our opponents, “violence”. There is also harshness vis-à-vis criminals and evildoers as well as the faithless and enemies of Islam. As God says,
محمدٌ رسولُ اللهِ و الذينَ معهُ اشدّاءُ عَلَی الکفّارِ رحماءُ بينهم...
“Muhammad, the Apostle of Allah, and those who are with him are hard against the faithless, and merciful among themselves...”[17]
In some cases, Islam also regards the humiliation of a criminal as necessary for the people to learn a lesson:
…وَلْيَشْهَدْ عَذَابَهُمَا طَائِفَةٌ مِّنَ الْمُؤْمِنِينَ
“…And let their punishment be witnessed by a group of the faithful.”[18]
We can see that in some cases Islam and the Qur’an explicitly regard violent actions and even humiliation of a criminal as necessary, and we cannot omit these verses from the Qur’an. Now, if some people consider such actions as repugnant to human dignity, we would like to say that in some cases, acting against the dignity of evildoers and even humiliating them is necessary for the protection of collective interests. In reality, these kinds of severe punishments are not actually violent, rather an arrangement and creation of opportunity for people’s enjoyment of rational social liberty.
Notes:
[14] “Those who are [themselves] faithless and bar [others] from the way of Allah—He has made their works go awry” (Surah Muhammad 47:1). ﴿ الَّذِينَ كَفَرُوا وَصَدُّوا عَن سَبِيلِ اللَّهِ أَضَلَّ أَعْمَالَهُمْ ﴾
15] Khums: literally means one-fifth. According to the Shi‘ah school of jurisprudence [fiqh], this one-fifth tax is obligatorily levied on every adult Muslim who is financially secure and has surplus in his income out of annual savings, net commercial profits, and all movable and immovable properties which are not commensurable with the needs and social standing of the person. Khums is divided into two equal parts: the Share of the Imam [sahm al-Imam] and the Share of the Sayyids/Sadat (descendants of the Prophet) [sahm as-Sadat]. Accordingly, the Share of the Imam is to be paid to the living Imam, and in the period of occultation [asr al-ghaybah], to the most learned living mujtahid who is the giver’s marja‘ at-taqlid [source of emulation]. The other half of the khums, the Share of the Sayyids/Sadat, is to be given to needy pious Sayyids who lack the resources for one’s year respectable living in consonance with their various statuses. For more information, see Sayyid Muhammad Rizvi, Khums: An Islamic Tax (Toronto: Islamic Education and Information Center, 1992), http://www.al-islam.org/beliefs/practices/khums.html. [Trans.]
[16] As stated in Shi‘i jurisprudence, the Islamic state is not supposed to forcibly collect khums from the people, particularly khums of legitimate wealth mixed with illegitimate wealth [arbah makasib]. In such cases, khums is obligatory but individuals have to voluntarily and willfully assess their own annual financial accounts and pay the required khums.
[17] Surah al-Fath 48:29.
[18] Surah an-Nur 24:2.

Muhammad Taqi Misbah Yazdi
Source: al-islam.org

Islam’s Idealistic and Realistic Perspective on State

The question that one may ask is: Which of the two ways is considered more appropriate in the Islamic system? Which is better, to maximize the state’s interference and assumption of control, or to minimize the state’s interference and delegate affairs to the people? As we have said in the previous session, in reality the promotion of massive public participation in various arenas is one of the meanings of civil society according to which social activities must be delegated as much as possible to the people.
Islam has a moderate perspective on the state which is an amalgamation of idealism and realism. Many of the theories and views presented in class sessions, both at the university and seminary are fascinating, but in spite of being ideal and desirable cannot be translated into action in the practical world. For example, one supposition is that if the moral growth of people reaches a level where all of them observe laws there would be no need for controlling and deterring agents. It is a very attractive supposition but that level will never be reached.
On the other hand, because there will always be transgression in society, it is not justifiable to say that maximum harshness is desirable so that no one dares to violate laws. In Marxist and fascist countries under martial law, government orders are strictly implemented and the police and disciplinary agents are so harsh in dealing with violators that no one dares to violate laws. An example of those countries was our western neighbor (Iraq under the Ba‘athist regime) which imposed an unsolicited war on us for eight years. A powerful police force which deals harshly with any violation and protest is ruling. A person who commits a minor violation is gunned down or executed without any trial or investigation.
When the deprived and poor members of society see that bribery and overcharging are rampant and subject them to unendurable pressure and difficulty, they wish that these profiteers are dealt with severely and some of them executed so that no one would dare to practice bribery and overcharging anymore! In socialist countries, more or less, such wishes are realized, but it must be seen what Islam says about severity to violators and criminals.
Based on what we can infer from the Qur’anic verses and traditions, Islam has considered a moderate and balanced approach for the Islamic state.
In the penal laws of Islam, severe punishments have been considered for some crimes, violations and licentious acts. On the other hand, however, it has also set certain conditions and limitations for proving and establishing these crimes so that in practice only a few cases can be proved. Consequently, those laws and heavy punishments can be implemented only in very rare cases—for example, one or two cases every year. For instance, the Qur’an thus says regarding the punishment for theft:
وَالسَّارِقُ وَالسَّارِقَةُ فَاقْطَعُواْ أَيْدِيَهُمَا جَزَاءً بِمَا كَسَبَا...
“As for the thief, man and woman, cut off their hands as a requital for what they have earned.”[12]
And regarding the punishments for those who committed licentious acts, it says:
ٱلزَّانِيَةُ وَالزَّانِي فَاجْلِدُوا كُلَّ وَاحِدٍ مِنْهُمَا مِئَةَ جَلْدَةٍ وَلاَ تَأْخُذْكُم بِهِمَا رَأْفَةٌ فِي دِينِ اللَّهِ إِن كُنتُمْ تُؤْمِنُونَ بِاللَّهِ وَالْيَوْمِ الآخِرِ وَلْيَشْهَدْ عَذَابَهُمَا طَائِفَةٌ مِّنَ الْمُؤْمِنِينَ
“As for the fornicatress and the fornicator, strike each of them a hundred lashes, and let not pity for them overcome you in Allah’s law, if you believe in Allah and the Last Day, and let their punishment be witnessed by a group of the faithful.”[13]
Yet, on the other hand, Islam has set very difficult conditions to prove and establish the crime of fornication [zina], stipulating that such a decree shall be executed provided that four just witnesses who personally witnessed the act of fornication give testimony in a court of law. In case less than four witnesses be present in court, not only will the crime not be proved but the complainant will be lashed for calumny.
Islam neither obliges the state to meet all needs of society including unnecessary luxuries nor totally forbids it from interfering in social activities. Instead, the magnitude of the state’s interference is in accordance with the changing circumstances which necessitate interference by the state.
Sometimes the situation is such that civil society must be formed based upon the first Muslim community established by the Prophet (s) in Medina in which the guiding principle was that whatever can be done or assumed by the people must be delegated to them. They must assume the responsibility of meeting the primary needs such as training and education, electricity, water and the sewage system, and not allow certain profiteers and opportunists to take advantage and encroach upon the rights of the underprivileged and deprive them of their basic needs. In such a case, the state must enter the realm of social activities to counter the devious plans of profiteering capitalists. For example, if a private telecommunications company offers expensive services to people, the state has to offer cheaper services or delegate to itself all telecommunications services.
Defects of a state’s centralized system
A state’s centralized system or delegation of the main social activities to the state is improper and inefficient for many reasons. For example, if a state wants to meet all the needs of society, it must create government organizations having a considerable percentage of its employees—say, 20 percent—coming from the people. This approach has three fundamental defects. The first defect is that the expansion of the government sector will entail a huge budget which will cause further problems for society.
The second and more serious defect is that once an organization of such magnitude is created, irregularities within it are greater and ample grounds for violation and abuse within it are provided. For instance, if the state wants to prevent fleecing, it has to assign elite inspectors to report fleecing cases by conducting surprised inspection of shops. Now, if the government assigns an inspector for every shop, you can imagine how large a work force will be required.
Besides, some of these inspectors will violate the law by getting bribes from some shopkeepers so as not to report their fleecing. As a result, a separate department to investigate the performance of inspectors will have to be created. For whatever reason, experience has shown that such schemes are not practically successful as they do not bring any good result. In fact, they cause further violations and bribes.
The third defect of a centralized system which is notably serious according to Islam is, compelling human beings to mold themselves and do good deeds not through coercion and pressure. Man’s action is valuable only if it stems from his own free choice and will, but once compulsion and force prompt man to act, the spiritual and sublime effect considered by Islam ceases to penetrate the soul of man and the ultimate goal is lost.
Author: Muhammad Taqi Misbah Yazdi
Source: al-islam.org

State’s Mission to Preserve and Promote Islamic Mottos

In addition to responsibilities commonly assumed by secular and religious states, the Islamic state is duty-bound to implement Islamic rites. Of course, people can voluntarily engage in some Islamic rites such as observance of congregational prayers, holding of celebrations and mourning ceremonies, administering religious schools, and building national religious centers in charge of holding Islamic rites. Among these centers the Islamic seminaries, as among the most important religious institutions, engage in the preservation, protection and promotion of Islamic rites and culture by spending religious funds paid by the people and without receiving any budget from the state.
But people’s involvement does not mean robbing the state of its obligation, and it is not true that the state does not have any responsibility in these matters. In fact, if the voluntary acts of people are not enough, the state must take necessary steps. For example, Hajj /pilgrimage is a devotional act and must be performed as an obligation by any physically, mentally and financially capable Muslim [mustati‘].
The fuqaha, by citing traditions [ahadith], in their books on jurisprudence, have written that if the situation is such that in a Muslim society and country Hajj does not become obligatory on anyone because no one can afford the traveling expenses; or those who are physically, mentally and financially capable, on whom Hajj is obligatory, do not voluntarily go to perform it and the House of Allah is devoid of any pilgrim, it becomes obligatory upon the Muslim states to dispatch a group of pilgrims by spending from the public treasury, so that the performance of Islamic rites which preserve the interests of all Muslims should not be suspended.
Thus, it is true that Hajj is a devotional affair and cannot be directly considered a political and mundane affair and people are obliged to perform it and spend their personal money on it, but if people refuse to perform it or cannot afford to do so, the Islamic state is obliged to provide facilities and grounds for the performance of this divine obligation with the aim of preserving Islamic rites and ensuring implementation of laws.
Therefore, the fundamental and basic difference between the Islamic and secular states is that the Islamic state, before anything else, must be concerned with the performance of religious rites and implementation of social laws and ordinances, and give priority to them. Of course, in practice there is usually no contradiction between spiritual and material affairs, but should there be any contradiction, spiritual affairs must be given priority.
Thus, the Islamic state’s foremost obligations are the performance of Islamic rites, preservation of Islamic laws and culture, prevention of any action that weakens Islamic culture and propagates atheistic rites in society.
Methods employed by the state to fulfill its responsibilities
As said earlier, the state must take charge of meeting the needs of society related to war and defense. The burden of planning, policymaking and implementation of such matters is shouldered by the state. But in addition to duties which must be performed only by the state, the Islamic state has to play a role also in meeting some needs of society, and this is done in two ways:
(1) the state takes charge of only planning, policymaking and supervision of implementation, and does not intervene in the implementation directly
(2) in addition to planning, policymaking and supervision, it also engages in implementation.
To elaborate further, let me say that in order to implement and materialize a social project, first of all, the purpose of the project must be explained and thus general policies and basic courses of action be drawn accordingly. Then, for implementation of those policies detailed and minute planning must be done. A project must have a specific timetable, its beginning and completion must be specified and its budget provided. Next, the group that is supposed to implement the project must be organized. It must be specified how a given project is to be completed, the hierarchy of implementers and workers provided and their statuses and functions determined.
Consider for example the Imam Khomeini (r) International Airport Project. Initially, there was a debate about the necessity or otherwise of implementing the said project, related to the overall planning and development in the country. After accepting the necessity of the project, its implementation was planned and its scope, facilities, amenities, plan and design was specified. Then, the qualifications of the contractor and implementer of the project, its timetable and budget was determined, and finally, tenders were called for so that it could be awarded to the lowest bidding contractor.
In such cases, the government, after policymaking and planning, also takes charge of implementing the project and commissions a government ministry to implement it and allocates a budget, utilizes facilities, manpower and government services; or after expressing commitment to implement the project it allocates a budget for it and employs a company to implement it. In both cases, the government has committed to implement the project. Yet, it is possible that after policymaking and planning, the government will only supervise the implementation of the project. That is, the government will send inspectors to supervise the process so as to prevent violation of laws and rules, improper implementation of design and misappropriation of public funds to ensure that the project is implemented according to the original policy and within the framework of national interests.
Author: Muhammad Taqi Misbah Yazdi
Source: al-islam.org

Islamic Law of Succession

We have been given to understand that the Government intends to make changes in the Islamic Law of Succession. We are extremely perturbed by this news. As we have submitted earlier, the Qur'an has laid down with utmost precision the rules concerning succession, very elaborately allotting to various heirs their shares in a deceased Muslim's estate. The Islamic Law is a well-knit entity. We cannot change or amend one or two aspect of it without destroying the entire fabric. For example, in Islamic law a person cannot use anything which is obtained unlawfully (in religious sense), either for worldly or religious purpose. If therefore a change is made in Law of Succession, someone will naturally get thereby more than his or her due share (that was allotted to him or her by the Qur'an). That unlawful gain would render his or her whole life miserable. His/Her daily life would become a long list of sins and transgressions. His/Her prayer will be invalid; his/her pilgrimage, null and void; even his food and clothing would become, in religious sense, unlawful. Such a person can never expect peace in the life hereafter.
14. We do not know what the main idea behind this exercise is. Therefore, we cannot say any more at present. But we reiterate that these laws are based on the Qur'an, and it is not possible to draw a fine line between these laws and the Qur'an. Any attempt to change the Qur’anic allocations would be tantamount to change the Qur'an.
15. However, in this connection, we would like to draw Your Excellency's attention to the Tanzania Govt.'s Restatement of Islamic Law Act (No. 56 of 1964), under which work was started to codify the Islamic laws, giving due recognition to various schools of thoughts. Four chapters related to Marriage, Guardianship of children etc. were even published as a Subsidiary Legislation under that Law in The Gazette Supplement No. 34 of 27th June, 1967. It was a move which had pleased the whole Muslim population of the country. Unfortunately that scheme was abandoned. Yet, if that plan is revived by which rules of every school of thought are recognized as the law applicable to that community, and those laws codified in one volume for easy reference by the courts of law, it will be a highly commendable step for which the entire Muslim population of Tanzania will ever remain grateful to Your Excellency.
Author: Sayyid Saeed Akhtar Rizvy
Source: Imam reza network

Islam is a Political Religion

The message of Imam Khomeini upon the occasion of Eid-i-fitr (the festival which marks the end of the month of fasting).
In the Name of God the Merciful, the Compassionate
I send greetings to all Muslims of the East and the West for the blessed festival of fitr. I hope that God the Most High accepts the prayers you have given throughout the month and blesses this Festival.
Islam is a political religion. It is a religion in which politics can clearly be seen in the instructions and rituals. The purpose of the gathering daily in mosques in Islamic countries, in all the provinces, villages and remote districts is so that Muslims can become aware of their own problems as well as the problems of deprived and abased peoples.
On the other hand, one day a week there is a gathering at the Friday prayers which includes two sermons and by which means all routine problems and questions facing the country, whether political, social or economic are discussed.
There are also two Festivals in which all of the people gather together and by means of the two sermons given after the Festival prayer and after sending greetings to the Prophet of Islam and his successors, the political, social, economic and all pending problems and the needs of the country and of each district are discussed there. In this way, people become acquainted with current affairs.
Above and beyond all of this, Muslims each year make the haj or pilgrimage to Mecca. The people who have the possibility are obliged to gather together at the haj. They come from all Islamic countries to speak about and discuss their problems during this time, especially in Mecca, Mina, and the Mosque of the Prophet. In this way, they survey the circumstances of all of the Islamic countries:
Thus, the daily gathering, the Friday gathering, the Festival gatherings and the pilgrimage is for this purpose so that the problems of the districts, towns, provinces and Islamic countries can be studied accurately and in detail. All of these are political concerns. Muslims should note these occasions with care. Unfortunately, the advantages have been overlooked and the proper results have not been achieved from these meetings and gatherings. Muslims gather in Mecca and other places but they seem to be separate from each other. They perform the Friday prayers and the Festival prayers but they are not united together as they should be.
Islam has called people to these gatherings in order that important goals be achieved. Two particular verses of the Qur’an have been particularly selected to be recited by the leader of the prayer for the people.
The Chapter on Congregation (Jum’a)
The first part of the Congregational Chapter and the second part of the Chapter on the Hypocrites should be noted. The Congregational Chapter discusses the mission of the Prophet of Islam. It has been selected to purify the people and teach them the Qur’an and wisdom. Priority has been given to the purification of the people over the teaching of the book and wisdom. People should first be purified in order to be prepared to accept training and wisdom. The Congregational Chapter mentions that the secret of the mission of the Prophet is purification and the training of the community. It includes all aspects of teaching and training.
Following this, the chapter shows the position of religious leaders who have learned the science but do not act according to it. They have been given the worst of names, 'Those who carry the Book, but who do not act according to it, are like donkeys who carry books.' If knowledge does not influence a person and does not lead him towards humanity, what is its use? It makes no difference whatsoever if the book is carried inside his heart or outside. It is just like an animal that carries books. As the books have no use for that animal, knowledge, which is uncommitted to social action, which is not used for the mental development and guidance of the people, also has no use.
God mentions this point here so that people may distinguish between right and wrong scholars. It also serves as a reminder to religious leaders of their duties. There are many other important points in this chapter which I have not mentioned.
The Chapter of the Hypocrites (Munafiqun)
In the Chapter of the Hypocrites, God explains the characteristics of hypocrites, people who claim to be Muslims in your presence but they are liars. They are not Muslims. The hypocrites are called the worst of names so that people come to know them. Do not believe everyone who says, 'I am a Muslim,,' or 'I accept the Islamic Republic.' Study his or her actions. How 'engaged' or 'committed' is this person? What has this person done for the country? What is this person's idea about it? They pretend to be Muslims and then open fire on the people in the provinces. They set the harvests of the people on fire. They kill our young people here and there. In Kurdistan, they have killed many of our young people and many Kurds. In the meantime, they say they, are Muslims. No one believes them. The Qur’an says, in this case, 'You are hypocrites.' You whose words differ from your deeds are not realistic, you are not Muslims, but you are hypocrites. You intend to deceive the people. You who are causing corruption in Kurdistan and say you are Sunnis, if you were really Sunnis, you would be obliged to obey the command of the Islamic leader according to the religious decrees of the great Sunni religious leaders. Today, the commander of Islam is the Islamic government of the country. Therefore, you should obey Islamic and Qur’anic jurisprudence and the words of your religious leaders. If you are Muslims, why do you not obey the Qur’an. As the Qur’an says, 'Obey God, obey the Prophet and obey your leaders.' Why do you not listen? You claim to be a Muslim but, in fact, you are not.
Dear people of Kurdistan, our young people of Kurdistan, this is a time for you to recognize hypocrites from the non-hypocrites. Those who claim to be Muslims but set fire to the harvests of the people, those who pretend to be Muslims but put people under pressure and cause them to suffer, those who claim to be Muslims but set fire to the hospitals, kill people, recognize them. They are the hypocrites. They say today, in order to deceive you, that they are Muslims. But you must recognize who they really are. Those who did not vote for the Islamic Republic liked the oppressive regime. If they are Muslims, they should vote for an Islamic Republic and approve of a just Islamic government. Those who reject voting for an Islamic Republic are hypocrites. Those who set fife to the harvest of the people and prevent people from voting are not Muslims. We will treat them as we treat non-Muslims. We will treat them as hypocrites. We will defeat them.
So that the people of the world may come to know our policy and know the type of persons we are confronting, we give freedom to them. Under this freedom more than two hundred different parties have been formed. Many newspapers, magazines and journals have been published. No one prevented these. While they were insulting to our pieties, they acted against our government and Islam, nevertheless, no one prevented them until we saw the conspiracies and understood them to be conspirators.
You are hypocrites who bring about conspiracies against Islam, the nation and the people. You have contacts with foreigners. We control your movements. We are informed that you are in contact and have connections with the agents of the previous regime. After your conspiracies have been proven and the people have realized your true features, we cannot permit you to freely do anything you want to do. We will defeat you.
I give notice to my dear nation and the great people of Kurdistan that Islam is a refuge for all of us and will supply us with all things. They are following foreigners. They must be captured and the traitorous leaders must be delivered. Our young people must know that they are people God has called hypocrites. He has explained their character in the Qur’an.
The Nation Must Be Aware
I give notice to all groups of the nation to avoid such persons at all costs. If they do not put aside their satanic deeds, I will arm the entire nation and we will destroy them. The nation must be aware. The nation must be prepared. You must not allow those corrupt statues to alter the country and take it back to what it was and allow them to impose a monarchy upon us.
I ask Almighty God to bless this Festival and all Islamic Festivals and to awaken all Muslims to arise together and protect the interests of Muslims all over the world. I pray for our Muslim brothers in Afghanistan to be able to solve their problems. They are confronting the same hypocrites who pretend to be Muslims. In Jerusalem, in Lebanon, in Palestine and other places, our Muslim brothers are confronted by the super-powers and Zionists who are opening fire upon them. All Muslims must become aware of these points. They must pray when it is time for prayer and act when it is time to act. I hope that the banner of Islam will be raised throughout the world. Islam is God's religion and thus all people should follow it. I also mention that having a Party of the Deprived and Abased formed in all parts of the world does not mean that the other sound parties which have been formed in Iran and elsewhere should be abolished, but I hope that the Party of the Deprived and Abased will be established in addition to local parties.
Peace be upon you, and the Mercy and Blessings of God.

Source: Imam reza network