The Absolute Authority of the Shi’ah Jurisprudent in the Political Thought of Ayatollah Khamenei

Introduction

 

In light of the experiences of the Islamic Revolution and the establishment of the Islamic Republic of Iran, Imam Khomeini elaborated on various aspects of the theory of Wilayat al-Faqih. Therefore, all jurisprudents who believe in this theory such as Mohaqqeq Karaki, Naraqi and Muhammad-Hasan al-Najafi have considered the jurisprudent to have an absolute guardianship calling it the comprehensive authority.

 

Therefore, there is no difference between the comprehensive authority and the absolute one and the latter had existed long before Imam Khomeini. Even some scholars while addressing the jurisprudents who use the words absolute and comprehensive say that they also believe in absolute guardianship, as Mohammad-Hadi Ma’refat has this view in describing Shaykh Ansari’s theory and believes that Shaykh Ansari and Ayatollah Khoei have acknowledged the concept of the absolute guardianship.

 

It seems that although there is no objection to interpreting the views of scholars such as al-Najafi as acknowledging the idea of absolute or comprehensive authority, more reflections in their views along with an in-depth examination of Imam Khomeini’s theory show that what the old jurisprudents meant by the word “comprehensive” is essentially different from the theory of the absolute authority of the ruling jurisprudent posed by Imam Khomeini. Because the words of these jurisprudents do not indicate an authority that goes beyond the framework of primary and secondary ordinances. 

 

Also, absoluteness in the view of the jurisprudents who accepted the idea of absolute authority is inclusiveness means inclusiveness to all matters that are considered as religious magistrature and not being limited to only one area such as juridical matters or alike.

 

According to the term used by Imam Khomeini in the late years of his life, “absolute guardianship” means exerting the authority in accordance with “expediency”; which is not a secondary ordinance, rather it is one of the primary ordinances which takes precedence over the other ones.

 

Undoubtedly, this meaning was not meant by the jurisprudents of the past, and it may have been an unprecedented view before Imam Khomeini. Because of the importance of the issue and since Ayatollah Khamenei is the Supreme Leader of the Islamic Republic (the system which is founded upon the idea of the authority of the jurisprudent or Wilayat al-Faqih), understanding his views on the limits and authority of the Wilayat al-Faqih, or in other words, the absolute authority of the jurisprudent, is very important. Hence, this study seeks to answer the question of what is the position of the absolute authority of the jurisprudent in Ayatollah Khamenei’s political thought?

In this research, in order to answer the main question of the article, first, the theoretical foundations of the absolute authority of the jurisprudent are being discussed, then in the second part, the position of the absolute authority of the jurisprudent in the political thought of Ayatollah Khamenei is examined based on his statements. Also, the relation of Wilayat al-Faqih with the discussion of religious democracy is briefly examined.

 

Theoretical Foundations of the Absolute Authority of the Shi’ah Jurisprudent, Wilayat al-Faqih

 

At first, it seems necessary to examine the general question of the article and the theoretical foundations of the absolute authority of the Shi’ah jurisprudent.

1- Definition of the Concepts

“-1-1 Guardianship” is an Arabic word derived from the word “wali” meaning continuity and affinity, and many words are derived from it. The word has been used to mean love, affection, friendship, triumph, sultan, obedience, and wardenship all of which share the meaning of spiritual proximity to God. 

 

Actually, “wilayah” means having guardianship and control over a particular person or persons, and in fact, it implies a right to intervene in the affairs related to a particular person. For the jurisprudents, “wilayah” is having authority over the others and/or their properties, which is acknowledged by reason or religion. In Imam Khomeini’s view, wilayah is the rule and administration of the country and the implementation of the sacred laws of Islam.

 

Also, in studying the issue of Wilayat al-Faqih the word ‘ wilayah’ means ‘guardianship’ and in this sense, it includes unconditional as well as religious-legal wilayah. The latter is divided into two parts: the authority regarding those who are under guardianship and authority over the elites and wise. The authority of the Shi’ah jurisprudent also is a governing authority over the Islamic community, which is committed to enforcing religious values ​​and promoting the talents of the members of the community and bringing them to perfection and excellence.

 

Absolute:

 

Absolute and absoluteness have different meanings:

a) Universal and comprehensive from which the concept of totalitarianism is derived;

b) Free and limitless and have no responsibility regarding the words and conducts;

c) A meaning which is in contrast to restriction and limiting.

The word absoluteness or comprehensiveness seeks to expand the scope of the authority of the Shi’ah jurisprudent and to include the responsibility that encompasses all aspects of the people’s interests in order to provide their interests and ensure the fulfillment of justice. In the past, jurisprudents used the word common rather than the absolute; because there are also other types of wilayah besides this comprehensiveness of wilayah such as the authority of a father with respect to the issue of the marriage of his daughter or the authority that a father or grandfather has regarding the financial issues of an immature child. Therefore, the comprehensiveness of the wilayah of the Shi’ah jurisprudent seeks to extend the sphere of his authority and his executive responsibility to include all Islamic laws and all aspects of the public interest and, unlike other types of guardianships, it will not be one-dimensional. Hence, the word absolute is used to refute the view that the Shi’ah jurisprudent has a limited authority such as having guardianship regarding the affairs related to the religious magistrature. Consequently, absolute guardianship means that the jurisprudent:

 

1) Is required to implement all the precepts of Islam, because the divine ordinances should not be ignored during the time of the Greater Occultation;

2) According to the “principle of important and more important,” he has to deal with the contradictions which occur among the precepts;

3) Contrary to authoritarian governments, the absoluteness of the authority of the Shi’ah jurisprudent is limited to implementing the Islamic laws and the observance of justice and piety for the administration of Islamic society.

 

The most fundamental issue is the concept of absoluteness in the authority of the Shi’ah jurisprudent as well as his sphere of authority because the jurisprudents agree on the necessity of the existence of the ruling jurisprudent during the time of the Greater Occultation; however, they have different opinions regarding the scope of the authority of the ruling jurisprudent. According to Imam Khomeini, the ruling jurisprudent has all the governmental authority of the Prophet (s) and his government is the continuation of the absolute authority of Prophet Muhammad (s) and one of the primary ordinances of Islam that governs all secondary ordinances even the prayer, fasting and Hajj. In other words, the righteous jurisprudent is responsible for dealing with all the affairs that relate to the governing and politics for which Prophet (s) and the Imams are responsible and there is no difference between the two.

 

Jurisprudent

 

In studying the issue of the Wilayat al-Faqih, the jurisprudent is the absolute mujtahid who must have three characteristics:

 

Absolute Ijtihad:

 

Islam is a coherent set of rulings in which politics has the same place as rituals; hence, it will be totally and correctly understood when the jurisprudent becomes aware of all its aspects and so, a real Islamic scholar is the one who is a mujtahid in terms of all principles and practices including the acts of worship, financial issues as well as the political matters. The ruling jurisprudent who is the leader of the Islamic system and seeks to explain and implement Quranic teachings during the time of the Greater Occultation must be aware of all its aspects. In addition to understanding the precepts and teachings of the Quran, he should also thoroughly study the traditions that have come about the man and the Islamic community so that to come to a complete and comprehensive understanding of the precepts of Islam.

 

That is, the jurisprudent should always be in line with the development of the scope of jurisprudence and could deal with the new issues that occurred among the Islamic community in accordance with the Islamic principles and practices.

 

Absolute Justice:

 

The absolute mujtahid is someone who, in addition to having the right knowledge of religion, should apply that knowledge properly in his own life as well as the Islamic society. He should perform all his religious duties, and inform people of the message of religion, and not conceal anything. The righteous jurisprudent must abandon the egos and only follows religious precepts. If the ruling jurisprudent issues a fatwa, he should also act on it, and if he issues a judicial order, he should also accept it, and if he issues governmental ordinances, he should not violate it.

 

Power, Management, and the Capability of Leadership:

 

The absolute jurisprudent, in addition to enjoying the ability to do ijtihad and having absolute justice, should have good insight regarding the political and social affairs of the country as well as other countries and enjoy the art of management. Because practically, management requires having the ability of the administration and dealing with issues properly.

 

It cannot be said, therefore, that every just jurisprudent is qualified to lead the community, but he should possess the special characteristics and ability to govern the Islamic ummah, in addition to the required knowledge.

 

This case is so significant that in Article 109 of the Constitution of the Islamic Republic of Iran, the following characteristics are stated regarding the leader: 

 

1) Scholarly qualification for issuing religious ruling (fatwa) concerning various discussions in jurisprudence;

2) Required justice and piety in leading the Islamic community;

3) Sound political and social perspective, prudence, courage, sufficient administrative capability, and power for leadership. In case there are a number of candidates who meet these qualifications, the person with a more efficacious political and jurisprudential insight has priority.

 

Now, after examining each of the concepts of the absolute authority of the Shi’ah jurisprudent, we would discuss and study this theory.

 

The Theory of the Absolute Authority of Shi’ah Jurisprudent (Wilayat al-Faqih)

 

In general, there are two basic views regarding the authority of the jurisprudent:

a. The view that considers that the jurisprudent has the same authority as Prophet (s) and infallible Imams believed that the ruling jurisprudent has the right to interfere in all affairs of the country.

 

On the contrary, for some, the sphere of authority of the ruling jurisprudent is so limited: the properties which their owners are unknown, the orphaned children, etc., this means that the jurisprudent cannot extend its sphere of authority and that he has authority only regarding such issues.

 

On the other hand, the issue of the absolute authority of Shi’ah jurisprudent is not a new matter raised by Imam Khomeini. The first steps in this regard have been taken by Shaykh Mufid during the time of Occultation in an attempt to prove the deputyship of the jurisprudent of Imam Mahdi. Following him, other noble Shi’ah jurisprudents acknowledged the wide jurisdiction of the ruling jurisprudent. Many of these scholars have acknowledged the principle of the authority of the Shi’ah jurisprudent and, after explaining the reasons of his authority, have come to the conclusion that the ruling jurisprudent, during the time of the Greater Occultation, is the general delegation of Imam Mahdi and enjoys general guardianship and absolute authority.

 

Although Imam Khomeini did not provide a new perspective on the issue of Wilayat al-Faqih, yet considering the requirements of time, he found it necessary to illustrate the issue by addressing the sphere of the authority of the ruling jurisprudent in his books al-Ba’yah and Wilayat al-Faqih.

 

According to the theory of Wilayat al-Faqih of Imam Khomeini, this type of leadership has some linear stages and enjoys an order which is related to divine authority.

According to this theory, first and foremost, absolute sovereignty belongs to God. Then God’s sovereignty is entrusted to the divine prophets and their successors. Thus, after the demise of the Prophet (s), the infallible Imams and the successors of the Prophet (s) became the rulers. During the time of the Occultation of the last infallible Imam (s), the qualified Shi’ah jurisprudents, as the general deputy of Imam and the ruling jurisprudent, are in charge of the leadership of the Islamic community and ummah and are responsible for the political management of the Islamic community and the Islamic political system. 

 

Imam Khomeini states in this regard: “During the time of the Greater Occultation, although a certain person has not been appointed to rule people, since managing the affairs of the country is a definite need of the Islamic community, certainly, God has not ignored such a significant issue. Therefore, according to the reason and guidance of the Islamic traditions, continuing the Islamic government during the time of the Greater Occultation is necessary. Also, since the Islamic state is founded on observing the laws; that is to say merely divine laws, which is given to humanity for spreading justice throughout the world; the ruler of this government must inevitably have two important attributes of being just and having the knowledge of the law, both of which are the foundations of a divine government, and a law-based state cannot be established unless its leader has these two attributes.”

 

Therefore, the guardianship of the ummah is the responsibility of the just jurisprudent, and he is the one who should take the leadership position of the Muslims; So, it is obligatory for him to maintain justice and have jurisprudential knowledge. Hence, establishing an Islamic state is a general obligation that the just jurisprudents are responsible for.

 

The important point in this discussion is that in all governmental matters, all that is considered to be the authority and duties of the Prophet (s) and the Imams after him, are also the responsibility and authority of the just jurisprudents. Of course, given the same authority of the Prophet (s) and the Imams to the just jurisprudents does not mean that the jurisprudents hold the same position as the Prophet (s) and the Imams. In the books al-Ba’yah and Wilayat al-Faqih, Imam Khomeini has emphasized this point and states that the similarity of the authority of the jurisprudents with that of Prophet and Imams does not mean that they hold the same spiritual position and these two types of leadership are in line with each other.

 

Elaborating on the concept of the absolute authority of Shi’ah jurisprudent, Imam Khomeini stated:

 

“The government, which is a branch of the absolute guardianship of the Messenger of God (s), is one of the primary laws of Islam, and it takes precedence over all secondary laws including prayer, fasting and Hajj. He can prevent any affair—devotional or else—whose occurrence is against the interests of Islam as long as it is so. On what has been said, which is prevalent, that farm leasing, limited partnership and the like will be eliminated by those discretions, I categorically state that granting that it is true, that is among the discretions of the government. There are also issues more serious than these…”

 

Also, from Imam Khomeini’s point of view, the absolute authority of the Shi’ah jurisprudent is bound by the divine laws. In 1980, after the constitution of the country and the principle of Wilayat al-Faqih were approved, he stated that all people including the Prophet (s), the jurisprudents should act in accordance with the rule of law. For him, Islam has founded a state in which neither the authoritarian methods nor the constitutional or republican ones govern the country, rather it is a government inspired by divine revelation that uses the divine laws in all areas. 

 

Moreover, in the view of Imam Khomeini, the absolute authority of the Shi’ah jurisprudent is bound to the public interest as stated: One who leads and governs Muslims and human society, should always take into account the public interest and ignore the personal interests of the individuals. Hence, Islam has ignored or killed many people for the sake of the interests of society and humanity. Elsewhere, he also states that the Islamic ruler can act in accordance with the general interest of the Muslims or the interests of the people of his country. This is not a tyrannical rule. Rather, it is observing the interest of Islam and Muslims. Another point which one can see in the theory of the Wilayat al-Faqih posed by Imam Khomeini is that, in his view, Wilayat al-Faqih means active supervision and control, not the absolute ruling of the ruler. He says: We must value people and try to just monitor the good and evil of things.

Generally, adding the word absolute to the word authority is in contrast to other theories about the sphere of the authority of the ruling jurisprudent, because there are three important theories among the Shi’ah jurisprudents in this regard:

 

A) The theory which gives the jurisprudent permission to take responsibility for the affairs related to the religious magistrature but does not regard him as having authority in this regard. Accordingly, the one who has been appointed by the jurisprudent to deal with the issues would be dismissed after the death of the jurisprudent whereas if the jurisprudent had the authority in those affairs his appointees would not have been dismissed after his death.

 

B) The idea that the jurisprudent has authority regarding the affairs related to the religious magistrature, but believes that he does not enjoy the general authority of which defending the country’s borders, the order of the country, and enforcing the Islamic laws such as khums and zakat as well as performing the Friday prayer are prominent examples.

 

C) A theory that holds that the qualified jurisprudent has the authority in all the affairs of the ummah and all matters of government. According to this theory, accepted by Imam Khomeini and many other jurisprudents, there is no difference between the jurisprudent and the Prophet (s) and the Imams in this regard, and they all have the same authority in that field. As a result, the ruling jurisprudent, like the Prophet (s) and infallible Imams, has the authority to perform Friday prayers, implement and enforce Islamic precepts, manage the affairs related to the Islamic taxes, oversee the affairs of the public and endowments and, in short, to establish an Islamic state. This theory holds that all qualified jurisprudents have the authority in all governmental affairs. Therefore, this theory has been called the absolute authority which sometimes is also referred to as the general authority.

 

The areas in which the ruling jurisprudent has absolute authority according to the theory of the absolute authority of the Shi’ah jurisprudent:

 

• • • • He has the same authority which Prophet and infallible Imams have regarding the governmental affairs 
      • He has to observe all the rules and laws without changing them
      • He may bring a change in laws provided that not to transgress the divine laws 
      • He may use his authority in case the public interested requires him to do so
      • Discovering the cases in which the Islamic precepts are contradicting each other and deciding which one should take precedence
      • Monitoring and supervising the affairs of the country and determining the general policies for the country
      • Issuing the governmental ordinances and acting upon them
      • The legitimacy of the government, as well as the laws of the country, depends on his acknowledgement.

 

 

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