Guardianship of the Islamic Jurists
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Guardianship of the Islamic Jurists (Arabic: Waliyat al-Faqih; Persian: ولایت فقیه, Velayat-e Faqih) is a concept in Shi'a Islam which holds that Islam gives faqih (Islamic jurists) custodianship or guardianship over those in need of it. While this idea is accepted by Ulema among Ja'fari jurisprudence (fiqh of Twelvers) there is disagreement over how encompassing custodianship should be. One interpretation is limited Guardianship of the Islamic Jurists, holding that guardianship should be limited to religious endowments (اوقاف) (Owaqaf) [1] judicial matters, to "Owghaf" (religious welfare).[2] Another -- "absolute (مطلقه) guardianship of the Islamic Jurists" -- holds that Guardianship should include all issues for which Prophet of Islam and Shi'a Imam had responsibility, including governance of the country. The use of the concept of "absolute guardianship of the Islamic Jurists" is said to be in the Islamic Republic of Iran, where a faqih, or Vali-ye faqih (guardian jurist), serves as the Supreme Leader of the government[3][not in citation given] in accordance with the Iranian constitution. In the context of Iran the concept is often referred to as "rule by the jurisprudent," or "rule of the Islamic jurist".
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[edit] Theory of Velayat Faqih
Wilayat conveys several intricate meanings which are deeply tied to their history. Morphologically, it is derived from the Arabic wilaya the verbal noun of waliyan: to be near and to have power over something. Technically, wilyat means rule, supremacy or sovereignty. In another sense, wilayat means friendship, loyalty, or guardianship (see Wali).[4]
The doctrinal basis of Velayat Faqih comes at least in part from the hadith where the Prophet Muhammad is reputed to have said "The fuqaha are the trustees of the prophets ...".[4]
There is a wide spectrum of ideas about Wilayat-Faqih among Jafari scholars ranging from guardian-less activities (الامور الحسبیه) in Islamic society, such as unattended children, to absolute authority (الولایه المطلقه) in all public matters.
Two types of Wilayah can be understood. The first type of Wilayah is mentioned in various chapters of Fiqh of Shia. It discusses Wilayah over the dead and Wilayah over others in need of guardianship, such as insane (سفيه), absentee (غائب), poor (فقير), etc. For example verse 33 of Sora 17 [5] refers to authority of heir of oppressed slain. This type of Wilayah can not be applied to a society because none of mentioned characteristics apply to human society.
The second type of Wilayah which appears in principles of faith and kalam discusses about Wilayah over sagacious and wise people. The verse 55 of Sora 5 [6] implies the second type of Wilayah in Quran. The guardianship of jurisprudance can be underestood from this second type of Wilayah only. Believing Wilayat-Faqih is not the matter of following a marja but should be underestood by reason and needs intellectual reason. This will guide us toward the concept of Wilayah of Fiqh or guardianship of jurisprudence which is essence of Wilayah of Faqih
[edit] Limited guardianship of the Islamic Jurists
Traditionally Shi'a jurists have tended to this interpretation and leave secular power for Shi'a kings which is called "Sultan" and they should defend the territory against non-Shias.
For example, according to Iranian scholar Ervand Abrahamian, in centuries of debate among Shi'a scholars, none have
- "ever explicitly contended that monarchies per se were illegitimate or that the senior clergy had the authority to control the state."
Most scholars viewed the clergy's main responsibilities (i.e. their guardianship or velayat-e faqih) as being:
- to study the law based on the Koran, the Prophet's traditions, and the teachings of the Twelve Imams. They were also
- to use reason
- to update these laws;
- issue pronouncements on new problems;
- adjudicate in legal disputes; and
- distribute the khoms contributions to worthy widows, orphans, seminary students, and indigent male descendants of the Prophet. [7]
According to one of the leading Ayatullahs, Sayyid Ali Husaini al-Sistani, Velayat Faqih
"means every jurisprudent (Faqih) has wilayah (guardianship) over non-litigious affairs. Non-litigious affairs are technically called `al-omour al-hesbiah`. As for general affairs with which social order is linked, wilayah of a Faqih and enforcement of wilayah depend on certain conditions one of which is popularity of acceptability of Faqih among majority of momeneen." [8]
Grand Ayatollah Ali Sistani has often been identified with the quietist school of thought, which seeks to keep religion out of the political sphere until the return of the Imam of the Age, despite his indirect but decisive role in most major Iraqi political decisions. [5] [6].
[edit] Absolute guardianship of Islamic Jurists
Supporters of absolute guardianship cite verse 62 of sora 24 [9] and believe that collective affairs (امر جامع) are under Wilayah of Faqih at most. Those scholars who believe in necessity of establishing Islamic state say that within the boundary of public affairs the Wilayah must be absolute, otherwise the state can not govern the country. See religious democracy.
The most popular and influential advocate of the idea of the absolute guardianship of the jurist was the Ayatollah Khomeini who exponded on it in his book Hokumat-e Islami: Valiyat-e faqih (Islamic Government: Guardianship of the Jurist) In fact he represented a theory of state for twelvers during the Occultation of Imam. According to it, those most knowledgeable about Islamic law (Shari'ah) should assume a guiding or leading political role in society.
[edit] History
"Limited Guardianship of the Islamic Jurist" has been known since Sheikh Mofid, When Ijtihad among Shi'a emerged in 10th CE (4AH). On the basis of this jurists have judged and take Khoms.
Absolute Velayat-e faqih was probably first introduced in the Fiqh of Jafari in the famous text book Javaher-al-Kalem (جواهر الکلم). Later, Ayatollah Molla Mohammad Mahdee Naraqi[7] of Iran published a paper advocating a modest level of political actions for Islamic leaders — limited velayat-e-faqih.
By the time of Iranian Constitutional Revolution (انقلاب مشروطه), Ayatollah Sheikh Fazlollah Nouri customized this theory to match with Iranian Majles of National Council, which was removed when he was executed by revolutionists. Nevertheless, an extensive "guardianship" was given to clerics. (see: Iranian Constitution of 1906)
Ayatollah Ruhollah Khomeini had originally supported a limited interpretation of Velayat-e faqih in his first political statements:
- We do not say that government must be in the hands of the faqih [10]
and asserting that the practical
- power of the mujtaheds excludes the government and includes only simple matters such as legal rulings, religious judgments, and intervention to protect the property of minors and the weak. Even when rulers are oppressive and against the people, they [the mujtaheds] will not try to destroy the rulers. [11]
He later changed his views and in 1970 gave a series of lectures that became a book Hokumat-e Islami: Valiyat-e faqih arguing that monarchy was unIslamic. In a true Islamic state those holding government posts should have knowledge of Sharia, and the country's ruler should be a faqih[11] who "surpasses all others in knowledge" of Islamic law and justice [12](p.59) -- known as a marja` -- as well as having intelligence and administrative ability.
This theory was put into action as part of Iran's Islamic Revolution. But generally before then, by the time of Ayatollah Naraqi it was first produced and forced into Iran's royal law allowing Iranian ayatollahs to make sure that Islamic laws impacted the general laws of Iran.[citation needed]
[edit] Velayat Faqih in practice
Iran has become the first nation-state in history to apply Velayat Faqih in the government. According to Mahmoud Ahmadinejad, "Today, the [government of] the Iranian people is recognized as a model for all the peoples of the world....politicians, religious scholars, and scientists make requests in various manners, in order to benefit from the Iranian help, guidance, and support..."[13]
[edit] Criticism of political matters in Iran
"Guardianship" of the faqih in the Islamic Republic of Iran is represented not only in the Supreme Leader who must be a cleric but in other leading bodies, particularly the Assembly of Experts whose members must be clerics and the Council of Guardians, half of whom must be clerics.
Although the Islamic Republic has an elected lower legislative chamber (Majles) like the earlier constitution of the 1906 Revolution, its power is circumscribed by the Council of Guardians. The Council vetoes any bills from the Majles it (the council), deems to be against the sharia, and any candidates wishing to run for the Majles it believes lacking in Islamic credentials. For example, 145 out of the 356 candidates who filed to run for 17 seats in the special 2001 Majles election were rejected by the Council of Guardians. [14]
Aside from these two bodies, the Islamic Republic has what some call a "parallel layer of power" in "virtually every branch of government." These individuals or institutions are "loyal to, or largely made up of clerics," and are equal to or more powerful than the position or body they parallel.[15]
- the regular military have "shadow counterparts" in the Revolutionary Guards and the Basij;
- the police counterpart for many years were the komitehs, neighborhood committees policing social behavior;
- civil and criminal courts had counterparts in the Revolutionary Courts headed by clerics that tried subversive crimes in closed-door proceedings;
- provincial governors had Friday prayer leaders appointed by the Supreme Leader to watch them; [16]
[edit] Conflicts with other marjas
Unlike another well-known religous authority, the Vatican, where one man, the Pope is the ultimate arbiter of religious matters for Roman Catholics, Shia Muslims may follow, or emulate, one of several different marjas. After the establishment of the velayat-e faqih system in Iran, doctrinal differences between individual marjas and the Supreme Leader faqih have caused conflicts. Certain difference of opinion between the Supreme leader and other Marjas over issues such as the Islamic correctness of chess playing, listening to music, or fighting a war with Iraq has raised difficulties in running a velayat-e faqih system in Iran.
- Grand Ayatollah Sadeq Rouhani was faced with limitation of his civil liberties, after he denounced Grand Ayatollah Montazeri, and his appointment by the Assembly of Experts as the successor of Khomeini. He later wrote an open-letter suing former president Rafsanjani for the government policies he saw unfit and which differed from his fatwas. Some of a difference in fatwas include banning chess and music, which he forbids but is allowed in Iran, and allowing extreme mortification practices during ashura, which he approves of but is banned in Iran.
- When Iraq invaded Iran, Grand Ayatollah Mohammad Shirazi issued a fatwa forbidding any resistance (as he feared Muslim casualties). The Supreme Leader Grand Ayatollah Khomeini saw him as a threat to Iran's defense, and ordered his house-arrest. Another marja, Grand Ayatollah Hassan Tabataba'i-Qomi was also put under house arrest for his opposition to the war.
Other controversies that lead to a marja being put under house arrest or otherwise having their civil liberties limited are:
- Grand Ayatollah Kazem Shariatmadari, for his alleged role in a coup to topple the government in 1982.
- Grand Ayatollah Mohammad Taher Shubayr Khaghani, for his alleged support of Saddam Hussein in 1980.
- Grand Ayatollah Hossein Ali Montazeri, for denouncing the Supreme Leader Ali Khamenei in 1997.
- Grand Ayatollah Ya'sub al-Din Rastgari, for his anti-Sunni book, which resulted in riots in Iran's Sunni areas in 1994.
The Iranian government claims that the marjas were put under surveillance for their own safety, securing them from possible public backlash. As of 2003 there are no longer any marjas under house-arrest.[19][18]
[edit] Criticism
The term "mullahcracy" is sometimes used by detractors to describe the Guardian Council, or the Islamic Republican system in general. [20][citation needed] The word is "mullah," a title given to some scholars of Islam[21], suffixed with "-cracy," denoting a form a government[22].
The level of control of Islamic scholars has even been challenged by some Islamic scholars themselves like Grand Ayatollah Hossein Montazeri and Ayatollah Mohamed Hossein Kazemini Borujerdi.[citation needed]
[edit] Response to criticism
1. There is a wide spectrum of ideas about Wilayat-Faqih among Jafari scholars and it is not limited to two ideas mentioned above. The spectrum starts from guardian-less activities (الامور الحسبیه) in Islamic society, such as unattended children, and ends to absolute authority (الولایه المطلقه) in all public matters.
2. Two types of Wilayah can be understood. The first type of Wilayah which is mensioned in various chapters of Fiqh of Shia discusses about Wilayah over the dead and Wilayah over whom resembles dead, such as insane (سفيه), absentee (غائب), poor (فقير), etc. For example verse 33 of Sora 17 [23] refers to authority of heir of oppressed slain. This type of Wilayah can not be applied to a society because none of mentioned characteristics apply to human society. The second type of Wilayah which appears in principles of faith and kalam discusses about Wilayah over sagacious and wise people. The verse 55 of Sora 5 [24] implies the second type of Wilayah in Quran. The guardianship of jurisprudance can be underestood from this second type of Wilayah only. Believing Wilayat-Faqih is not the matter of following a marja but it should be underestood by reason and needs intellectual reason. This will guide us toward the concept of Wilayah of Fiqh or guardianship of jurisprudence which is essence of Wilayah of Faqih and should be discussed elsewhere.
3. Owqaf (اوقاف) is better to be translated as endowments. [25]
4. None of the Jafari scholars believe in unlimitted guardianship but some of them believe absolute (مطلقه) one. They refer to the verse 62 of sora 24 [26] and believe that collective affairs (امر جامع) are under Wilayah of Faqih at most. Those scholars who believe in necessity of establishing Islamic state say that within the boundary of public affairs the Wilayah must be absolute, otherwise the state can not govern the country. See religious democracy.
5. The majority of Shi'a accepted the late grand Ayatollah Hosain Borujerdi (1875 – 1962) as Marja'-e-Taqlid. It was only after his death that Ayatollah Ruhollah Khomeini published his first political and social notice in which he invited all people to rise for Allah. This was due to the fact of his believing on Wilayah of Ayatollah Hosain Borujerdi.
6. Nobody believes that the Constitution of Islamic Republic of Iran is the best implementation in the framework of Wilayat-Faqih. In fact its chapter XIV has been entitled "The Revision of the Constitution" and it revised one time yet. [27] Also it is a good idea to separate the theory and practice and then discuss around them.
[edit] See also
- 1981 failed coup d'état in Bahrain
- Islamic republic
- Da'i al-Mutlaq
- Blasphemy laws of Islamic Republic of Iran
[edit] References and notes
- ^ http://english.awqaf.ir/
- ^ [1]
- ^ Interview with Grand Ayatollah Yusef Saanei Public Broadcasting Station Frontline; Feb. 2002
- ^ Ahmad Moussavi, The Theory of Vilayat-i Faqih
- ^ http://www.usc.edu/dept/MSA/quran/017.qmt.html
- ^ http://www.usc.edu/dept/MSA/quran/005.qmt.html
- ^ Khomeinism : Essays on the Islamic Republic by Ervand Abrahamian c1993. (Professor of History at Baruch College, in the City University of New York
- ^ [2]
- ^ http://www.usc.edu/dept/MSA/quran/024.qmt.html
- ^ Islam and Revolution(p.170)
- ^ Kashf-i Asrar, (Secrets Revealed) (Tehran, n.d.) p.186; quoted in quoted in Abrahamian, Ervand, Iran Between Two Revolutions, p.476
- ^ Islam and Revolution,(p.59)
- ^ Iranian President Mahmoud Ahmadinejad: As Soon as Iran Achieves Advanced Technologies, It Has the Capacity to Become an Invincible Global Power 28 September 2006
- ^ Iranian Leadership http://www.globalsecurity.org/military/world/iran/leadership.htm
- ^ Wright, Robin, The Last Great Revolution : Turmoil And Transformation In Iran, New York : Alfred A. Knopf : Distributed by Random House, 2000, p.15-6
- ^ Wright, The Last Revolution, c2000 p.15-6
- ^ Amnesty International. AI INDEX: MDE 13/24/97
- ^ a b http://www.rohani.ir/home/all_biographi.php
- ^ http://news.bbc.co.uk/2/hi/middle_east/2707513.stm
- ^ [3]
- ^ WordNet - Search for "mullah."
- ^ Australian National Dictionary Center - -cracy.
- ^ http://www.usc.edu/dept/MSA/quran/017.qmt.html
- ^ http://www.usc.edu/dept/MSA/quran/005.qmt.html
- ^ http://english.awqaf.ir/
- ^ http://www.usc.edu/dept/MSA/quran/024.qmt.html
- ^ http://mellat.majlis.ir/archive/CONSTITUTION/ENGLISH.HTM
[edit] Further reading
- Defying the Iranian Revolution: From a Minister to the Shah to a Leader of Resistance, Manouchehr Ganji, ISBN 0-275-97187-2
- Islam and revolution : writings and declarations of Imam Khomeini / translated and annotated by Hamid Algar. Berkeley, [Calif.] : Mizan Press, c1981.
