The Absolute Authority of the Shi’ah Jurisprudent (Wilayah al-Faqih) and Religious Democracy

Ayatollah Khamenei
The Absolute Authority of the Shi’ah Jurisprudent (Wilayah al-Faqih) and Religious Democracy

In Ayatollah Khamenei’s political thought, the theory of religious democracy, along with the theory of the absolute authority of the Shi’ah jurisprudent, is among the ideas put forward regarding the Islamic government during the time of the Major Occultation. According to Ayatollah Khamenei, the Islamic rule in the time of the Major Occultation can be described as a religious-democratic system of governance whose legitimacy is based on three principles: first, religious qualifications; second; satisfaction and choice of people; and third; efficiency. Accordingly, the legitimacy of any Islamic political system depends on these three elements in government being achieved at the same time, otherwise, the government will lose its legitimacy. This theory is at variance with the single-element theories, such as the theory of the immediate legitimacy of the Muslim ruler and the theory of the popular legitimacy of the Islamic system, which emphasize mere religious qualifications and the element of the nation’s vote respectively.

 

Based on these three elements, one can say that the first element, which is the religious qualification, refers to the criteria and attributes that are considered for the Islamic ruler in Islam. These criteria are essential for the Islamic ruler and give him legitimacy.

 

For Ayatollah Khamenei, Wilayah al-Faqih means the guardianship and sovereignty of a person; sovereignty is a criterion, and indeed a personality. Some criteria can be fulfilled everywhere, and the fulfillment of the duties of the guardian-jurisprudent (Wali al-Faqih) can be evaluated through those criteria... unlike other regulations and laws in other governments – in which the rulers have unchallengeable sovereignty – in the Islamic system, the one who is designated as Wali al-Faqih because his responsibility is based on those criteria, he will automatically be dismissed from that position if he does not meet them. The Assembly of Experts must recognize this issue. If they find that these criteria are not met in this person, they understand that they do not have the guardian-jurisprudent; they should go after another guardian-jurisprudent and they do not need to dismiss him; This is a very important point (1998/07/03).

 

This is also emphasized in his remarks. For example, he says: “In Islam, sovereignty over people and governing is not a matter without a criterion. On one can take a position by chance- but he is subject to meeting the criteria, and the most important thing is to meet those criteria. Of course, there is always the possibility of making mistakes... But Islam has set some criteria and conditions for choosing the rulers, and it is up to us to fully comply with these criteria” (2003/03/04).

 

Ayatollah Khamenei’s point in this regard is paying attention to the undermining of these criteria. That is to say, when they are not met, the legitimacy of the Islamic ruler will also be lost. As he says: “When these titles are removed, whether from the leadership or other officials in different sectors, that legitimacy will also be lost” (2004/09/21).

 

But the criteria have been set by religion and the people do not play a role in determining them; but like other religious laws, Muslims must obey.

 

In response to the question of in what stages of the formation of the Islamic state do the people involve? He says: “Regarding the determination of the characteristics of the ruler, it should be said that the principle of the authority of the Shi’ah jurisprudent, which we derive from the Islamic tradition and Quran and the views of the jurisprudents, means that this issue has been illustrated in the shari’ah, and is a religious law. The Holy Quran has explained the criteria. Hence, people to whom the government belongs should deal with this issue as the same as they do regarding other religious laws. The Holy Quran has explained this and set the criteria. Here people have the role of a believer and a contributor to this religious ruling and knowledge. This is the stage of determining the criteria for the ruler who must be knowledgeable, jurisprudent and just” (1998/02/04).

 

He also identifies the three main characteristics of having the knowledge of jurisprudence, observing justice and being insightful as the main criteria according to the Islamic political school. According to Ayatollah Khamenei, in the Islamic political school, the criteria of leadership and Wilayah al-Faqih are religious and spiritual standards. Knowledge brings awareness; piety brings courage; having wisdom and being insightful serve the interests of the nation. If one of the characteristics is lost, he will be dismissed from that position even if all people of the country were in favour of him (1992/06/04).

 

According to Ayatollah Khamenei’s comments, after reviewing the element of qualification as the first element of legitimacy and a necessary condition for taking the leadership position, the second element which is the nation’s vote is introduced as a sufficient condition. The second element, namely the satisfaction and desire of the nation, illustrates the link between Wilayah al-Faqih and the issue of religious democracy. In his remarks, Ayatollah Khamenei emphasizes the role of the people in the government and refers to it in various statements. While denying the use of force to achieve power, he states: “Imposing something is not included in the logic of Imam Ali. Even though he knew he was right, he stepped aside, until the people came and asked him... then he came and took over the affairs of the people. He said that if people didn’t come if people didn’t insist, I wouldn’t be interested to take the position of political leadership” (2002/09/21).

 

Accordingly, the ruler who has been acknowledged by religion, even if he is Imam Ali; should take power through the consent of the people. In this regard, Ayatollah Khamenei states: “In the Islamic Republic, all the officials including the leader who are involved in managing the affairs of the people, are elected by people either directly or indirectly. That is to say, in the Islamic system, meeting the criteria is not enough, and people also should choose the person” (1992/02/02).

 

On other occasions, he addresses those criteria and the issue of the vote of the nation and points to the rejection of the rule of force: the opinion of the people is the criterion, but regarding a person who has met the necessary criteria. If he does not have those characteristics, the will of people cannot give him legitimacy. Then it is up to us to accept him or not; if people do not accept a person who has met the criteria, he would not gain legitimacy. We have nothing called the rule of force in Islam. 

 

In numerous statements, he points to the popular vote and acceptance and its importance in gaining power in the country. Ayatollah Khamenei views the nation’s vote as a pillar of the legitimacy of the system stating that: “... The basic principle is piety and justice; but piety and justice do not work without people’s approval and acceptance, so people’s votes are also needed. Islam gives importance to the vote of the people” (2003/12/17).

 

Elsewhere he emphasizes that: “... If two persons were both qualified, the one who is recognized and accepted by people will be the ruler. Hence, the acceptance of the people is the condition of sovereignty... if people do not know such a person, the members of the Assembly of Experts should find someone and introduce him to the people. In this case, the members of the Assembly of Experts are the representatives of the people. Subsequently, people would accept him and he becomes the Imam” (1983/08/05).

 

Likewise, regarding the selection of other officials, he points out the importance of the popular vote: “On the basis of Islamic views, the law has set some criteria for leadership, the presidency, officials of the three branches of government and other positions and even selecting the mayors and officials of cities and villages... it must be recognized that this person has met those criteria, then he can seek people’s vote if the criterion is the vote of the people” (2003/03/04). In his view, if the people do not want a government, it will lose its legitimacy (1999/02/23)

 

Finally, given the broad authority mentioned in the discussion of the absolute authority of the Shi’ah jurisprudent on the one hand and the importance of human dignity in Islam on the other, the question would arise that: “How will people play a role in the system which is based on Wilayah al-Faqih?” The answer to this question seems to be necessary if we want to clarify the minds so that they will not liken tyranny to Wilayah al-Faqih. As mentioned in his statements about the absolute authority of the Shi’ah jurisprudent and the importance of acceptance of people; Wilayah al-Faqih differs from tyranny and absolutism. Therefore, on different occasions, Ayatollah Khamenei emphasizes the role of the people in the system of governance. He has responded to that question by proposing a system based on religious democracy rejecting the similarity of despotism and Wilayah al-Faqih. A part of his remarks refers to the role of the people: “In the executive and legislative powers, and leadership, the presence of the people is tangible” (1992/03/03).

 

Ayatollah Khamenei considers the presence of the people in the affairs related to the governance, as a deep and meaningful presence, meaning that the ruler and the governing body and laws in such a government are based on the people’s faith and belief (1985/04/12). He believes that in Islamic society, three are two ways to select the guardian-jurisprudent, first the will of the overwhelming majority of people, which means “a majority comparing to which the minority is insignificant”; second, “the will of those elected by people, which in our constitution, is the will of the members of Assembly of Experts.” 

 

He also states that people would elect the leader through the Assembly of Experts (1998/02/04). Finally, in the Islamic system which is founded upon guardianship and Imamate; being popular means active participation of the people, both in the intellectual areas as well as other various social matters (1988/09/02).

 

Through posing the idea of religious democracy, Ayatollah Khamenei clearly and precisely outlines the role of the people. He explains the popularity of the government illustrating the role of the people in the government and the popularity of the government: the popularity of a government has two meanings:

1) People play a role in the establishment and management of the country as well as the process of determining the ruler. Also, they probably are involved in determining the political government.

2) The Islamic government is serving people. What is important for the Islamic ruler is the general interest of the people, not the interests of individuals or a particular class of society. Unless popular governance according to the first definition is not achieved, it cannot be said that people have a role in government and it is serving them. In sum, it can be said that, from the perspective of Ayatollah Khamenei, a government which is based on religious democracy, should enjoy the following characteristics in addition to the above-mentioned features: the government should use the views and ideas of people for gaining prosperity and successfulness; it should always make people aware and enlighten them (1983/08/05). He also states that the government is the servant and representative of people; people are always the master (2004/07/28).

 

But the important point is that he emphasizes: “The true religious governance is that a system must be governed by divine guidance and the will of the people” (2001/11/11).

Accordingly, the legitimacy of the religious democratic system is based on divine will. According to his statements, in the system which is based on Wilayat al-Faqih, people are not only ignored but also, have the right to determine their own destiny. The position of the right and vote of the people is in accordance with their human dignity. In a speech, he says: “... in accordance with human dignity, the vote of people is valid in the eyes of God. In Islam, no governance or sovereignty over human beings is accepted unless it is determined by the God Almighty…” (2003/12/17). Elsewhere he says: “... the result of being worthy and having dignity is that the will and vote of the people must play a central role in the management of human destiny and society” (2004/06/03).

 

Also, based on the definition given by Ayatollah Khamenei regarding the concept of wilayah, it can be said that in explaining the meaning of wilayah, his emphasis lies on the links between the people, the Imam and the Wali. In the discussion of wilayah, many of his statements were mentioned in this regard, such as two things that are close to each other, affection because the two sides of the love have a spiritual connection and cannot be separated… (1997/04/27). On the occasion of Eid al-Ghadir, Ayatollah Khamenei after talking about wilayah, the Wali, and the governor in Islam, makes it clear that the truth of divine wilayah is: communication with people (1997/04/27).

 

The third element, namely efficiency, also illustrates the link between Wilayah al-Faqih with religious democracy.

 

As discussed in studying the issue of the popular vote, which was the second element, each of the officials of the Islamic system has been chosen to perform the tasks of achieving the goals of the Islamic state. Therefore, the efficiency of the authorities makes people believe in the Islamic system and Islam. Ayatollah Khamenei has also made some remarks in this regard: “... people expect the officials in any section of the government to carry out their responsibilities and to do what they are responsible for. This means that the government is efficient. If people see this efficiency in the works of the authorities of the country, their belief in them and the Islamic system and Islam will increase day by day” (2003/03/04). The role of people in identifying the inefficiency of the authorities and the system is significant. As inefficiency leads to popular disapproval and ultimately the loss of legitimacy.

 

It can even be said that raising the idea of Wilayah al-Faqih by Imam Khomeini, can be understood through the factor of efficiency. This theory came about in a situation where a legal deadlock had occurred and made the Islamic government ineffective at the critical time of the war. Therefore, according to Imam Khomeini’s statements, his efforts to prevent the occurrence of a crisis of efficiency can be observed. On this basis, it can be said that regarding the legitimacy of the system, like Imam Khomeini, Ayatollah Khamenei is also concerned about the efficiency and preventing the occurrence of the efficiency crisis; in so far as he states that it is one of the legitimizing elements. Finally, in the chart below, the sphere of the authority of the guardian-jurisprudent in the political thought of Ayatollah Khamenei is presented.

 

The areas in which the guardian-jurisprudent has the absolute authority in the political views of Ayatollah Khamenei:

  • Being subject to the sovereignty of the jurisprudence and the divine law 
  • Exercising the wilayah in accordance with the general interest of the people 
  • Recognizing the cases in which a conflict is occurred between the Islamic precepts and using the principle of “important and more important” to resolve the issue 
  • Managing the whole system of governance based on values and determining the general policies 
  • Issuing a governmental ordinance and acting upon it
  • Guiding and supervising different branches of power in the country without interfering in their actions 
  • Preventing the country from deviation and confronting the division within the country
  • The legitimacy depends on three elements of religious qualification, popular acceptance, and efficiency

 

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