The Legitimacy of the Islamic Governance from the Perspective of Imam Khomeini

Imam Khomeini
The Legitimacy of the Islamic Governance from the Perspective of Imam Khomeini

The Position of Legitimacy in Political Systems

Legitimacy plays an important role in political philosophy and is one of the most controversial issues in the field of political thoughts, especially in the contemporary era. Hence, the great scholars of the social and political sciences in the world have studied and explained this issue in different periods. When it comes to the cases of the legitimate and illegitimate governments, the ancient Greek thinkers such as Plato, Aristotle, the contemporary scholars such as Thomas Hobbes and John Locke, as well as the Muslim scholars such as Farabi, al-Mawardi, ibn Sina and Shaykh Tusi have addressed the issue of legitimacy.

The importance of this issue is that the stability and survival of any political system depend on its legitimacy. In such a way that even the internal opposition parties as well as the external enemies of any government, in order to discredit and destroy that system, undermine the element of legitimacy so that to prove that such a system has come to power only through force, intimidation, and deception and pave the way for the collapse and destruction of that political system by calling people to rise in rebellion.

 

Securing the legitimacy or rightfulness of the political system is directly related to the efficiency and decisiveness of the system, and it can be said that the purpose of all the theories which justify seeking power is to provide a context through which the legitimacy of the ruling power can be accepted so that, in the long-term, the government and power would be more efficient. Therefore, all political systems are trying to consolidate the foundations of their legitimacy, even the governments that come to power through coups, usurpations, and cruelty try to cover their sovereignty with a level of legitimacy.

 The Monotheistic View of Islam

 “Tawhid” or monotheism is one of the most fundamental teachings of Islam such that in the view of the Holy Quran shirk (idolatry or polytheism) is the only unforgivable sin: “Indeed, God does not forgive association with Him, but He forgives what is less than that for whom He wills. And he who associates others with God has certainly fabricated a tremendous sin.” (Quran 4:48)

In this attitude, the basis of the mission of all divine prophets and scriptures is tawhid:

And We sent not before you any messenger except that We revealed to him that, There is no deity except Me, so worship Me.’” (Quran 21:25)

 

And ask those We sent before you of Our messengers; have We made besides the Most Merciful deities to be worshipped?” (Quran 43:45)

Undoubtedly, the “monotheistic thought” is not only a mere belief so that to be ineffective in the practical affairs, behaviour, and livelihoods of followers; rather, on the one hand, it creates the intellectual framework and ethical codes of monotheist man, and on the other hand, it regulates all his social, cultural, legal, and political affairs. In fact, one can say that certainly, the monotheistic vision brings good results for the man either in this world or Hereafter among which its political-social effects are especially significant regarding the issue of sovereignty.

The Doctrine of Tawhid (Monotheism) and Its Levels

In Islamic theology, the word monotheism does not mean uniting. Linguistically, it could be used to mean attributing an origin to an object. Here, too, Tawhid denotes that the concepts of Oneness and Unity are being attributed to God. The idea of ​​monotheism functions both in theoretical and practical contexts. Theoretical monotheism is the definitive belief in the Oneness of God in Nature, Attributes and Actions. Practical Monotheism is reflected in the monotheist behaviour and actions which originate from a belief within the heart of man. Theoretical Monotheism is divided into three categories:

Tawhid of Essence (Tawhid al-Dhati), Tawhid in Attributes (Tawhid al-Sifati), Tawhid in Actions (Tawhid al-Afali). The first category is divided into three subcategories: Tawhid in Creation (Tawhid al-Khaliqyyah), Tawhid in Ownership (Tawhid al-Malikiyyah), and Tawhid in Lordship (Tawhid al-Rububiyyah).

Tawhid in Lordship is also categorized as Tawhid in Sovereignty, Tawhid in Legislation, Tawhid in Obedience and Tawhid in Worship. Also, the Practical Monotheism divines into categories such as Tawhid in Praise, Tawhid in Praying etc.

 

Of course, the peak of monotheism is reached when a believer passes all those stages while having a firm belief in all of them. Without a doubt, a society that believes in the ultimate level of monotheism would express and implement such a view in all aspects of life, including political-social structures, and with the knowledge that the Creator, the Owner and generally the One who is controlling man and the universe is God, will see Him as the only Being that has the absolute sovereignty and authority. As the Holy Quran says:

Or have they taken protectors [or allies] besides him? But God – He is the Protector, and He gives life to the dead, and He is over all things competent. (Quran 42:9)

Achieving the monotheistic basis of the legitimacy in the religious rule requires that two major branches of monotheism, namely Tawhid in “Ownership” and “Sovereignty” or “Authority” are being illustrated.

The Real Ownership of the Almighty Creator

According to the Maqayis al-Lughah, mulk (sovereignty) originally means having power over something, and therefore “ownership” is used to mean strengthening and where man owns something; because man has power over it. In Arabic, the word “malik” is used to refer to a king or ruler since he has power in his country. The word “malakut means dignity and rulership, and “mamlikah” in Arabic means governance, dignity and rulership, then it is used to mean water and soil.

Raghib al-Isfahani says “Malik” is someone who controls people’s affairs in terms of making policies regarding their lives. That is why one may attribute the word “Malik” to people not to the “things.” As we see in the Holy Quran: The Day they come forth nothing concerning them will be concealed from God. To whom belongs [all] sovereignty this Day? To God, the One, the Prevailing (Quran 40:16)

The Real and Unreal Ownership

Human ownership over his properties is an example of unreal and conventional ownership. Allamah Tabatabai defines this type of mastership as follows: “The unreal ownership means that if the owner is assumed to be human, he would have the rational freedom of disposition regarding his property, that is to say, he could act freely within the context of the relationships which the intellectuals establish between him and his property so that to achieve his social goals.”

In other words, ownership refers to the specific relationship between the owner and the property, which is sometimes characterized as being conventional, that is to say, a relation is perceived between the owner and the property which, in fact, is not attached and related to him. Yet, such a conventional mastership has an effect, that is, the owner could use his property in any way he wills and without obtaining the other’s consent, whereas others could not use that property unless they get permission from the owner.

Thus, the “conventional ownership” is the validity of the authority of an individual or a legal person over both of the good and its profits in a way that he or she has control over it and can prevent others from using it. This common perception, though with some limitations, is considered by the shari’ah as well.

 

The Holy Quran has also recognized such concepts for bringing discipline into human life as well as the survival of human society. For example, in the verse which addresses the issue of khums, while accepting human ownership over his assets and properties, the Quran states: “And know that anything you obtain of war booty – then indeed, for God is one-fifth of it and for the Messenger and for [his] near relatives and the orphans, the needy, and the [stranded] traveller, if you have believed in God and in that which We sent down to Our Servant on the day of criterion – the day when the two armies met. And God, over all things, is competent. (Quran 8:41)

The real ownership, however, implies a real relationship between the owner and the property, that is, the owner has real control over the property, such as the mastership of God over the creatures or the human possession of the subjective forms of things. In such ownership, the owner can take any actions regarding his property. In this sense, the relationship between the owner and his real property is a real relationship that cannot be changed at all. 

Being the Essential Creator as the Foundation of Real Mastership 

The basis of the true and real ownership of the Almighty lies in the attribute of being the Essential Creator: “That is God, your Lord, Creator of all things; there is no deity except Him, so how are you deluded?” (Quran 40:62). Even polytheists have often acknowledged this: “And if you asked them, Who created the heavens and the earth? they would surely say, God. Say, Then have you considered what you invoke besides God? If God intended me harm, are they removers of His harm; or if He intended me mercy, are they withholders of His mercy? Say, Sufficient for me is God; upon Him [alone] rely the [wise] reliers.’” (Quran 39:38)

Emphasizing that creating only belongs to and is carried out by God which will result in His exclusive ownership and sovereignty, Imam Khomeini, in his book called “Talab wa Iradah” (literally “Demand and Will”) gives a philosophical explanation and says: “In the whole universe, there is no independent agent except God, and the other beings are not independent in terms of their attributes, influences and actions as their existence are the absolute dependence and need.”

According to the view that the whole universe, by its existence, is in need of God, He is the only Lord and Master of the universe and that it is only He who knows the goodness and evilness among the creatures and can decide for them independently.

 The Dominance of the Oneness of God’s Lordship Over Human Society 

 Considering the fact that God is the real and mere Owner and Master of all the creatures, and given that man is a very noble being who is the essence of creation:

Do you not see that God has made subject to you whatever is in the heavens and whatever is in the earth and amply bestowed upon you His favours, [both] apparent and unapparent? But of the people is he who disputes about God without knowledge or guidance or an enlightening Book [from Him].” (Quran 31:20)

 

And it is He who has made you successors upon the earth and has raised some of you above others in degrees [of rank] that He may try you through what He has given you. Indeed, your Lord is swift in penalty; but indeed, He is Forgiving and Merciful.” (Quran 6:165)

And He has subjected to you whatever is in the heavens and whatever is on the earth – all from Him. Indeed in that are signs for a people who give thought.” (Quran 45:13)

It becomes clear that human society can never attain prosperity and perfection without the Divine Lordship and Will. Accordingly, every faithful and intellectual man acknowledges that God who owns and governs the entire universe, including the human community, is also the sole designer and master of human legal and political systems, and that human society should necessarily be governed by the divine guidance and authority as well as in accordance with divine laws and creeds; otherwise, it cannot attain the ultimate perfection.

In line with this fact and to prove that none except God has the authority and mastership over others, Imam Khomeini, after referring to the rational necessity of the existence of laws for mankind, states in his book Kashf al-Asrar (The Unveiling of Secrets): “Only the one who owns all the things of people deserves to be obeyed. He has the power of disposition regarding the properties, assets and all the things of creatures which in fact belong to Him and such a Being whose authority over all mankind is acknowledged by the intellect and reason, is God Almighty who owns all creatures and is the Creator of the earth and skies… and if God gives someone the permission to rule over others and, by sending prophets, orders people to obey him, they must obey him and should not accept any ordinance and will except that of God and what He has intended.”

He further states: “No one except God has the right to legislate or rule over anyone. According to wisdom, God must set the rules for people. But the law is the same as the laws of Islam that He has legislated and hence we may say that such laws are for everyone and remain forever.”

He adds: “Except for the divine rulership, all the monarchies are contrary to the interests of the people, and except the divine law, all laws are void and vain.”

Therefore, based on the monotheistic view of Imam Khomeini, undoubtedly the “right to legislate” only belongs to God; because believing in the existence of the Necessary Existent who is the All-Wise Originator of all things, none of the creatures, in his existence and perfection, possesses authority and mastership and all of them are in need of Him both in terms of their existence and their actions and influences; hence, rulership and authority also solely belong to Him: “And do not invoke with God another deity. There is no deity except Him. Everything will be destroyed except His Face. His is the judgement, and to Him you will be returned.” (Quran 28:88)

Therefore, no one can take control of others’ affairs without the permission and command of the Absolute Master and Ruler.

The Absolute Sovereignty and Authority of God are the results of His True Ownership and Lordship

Explaining the issue of the sole ownership and God’s Lordship in Imam Khomeini’s monotheistic view while revealing the truth regarding the sovereignty and the absolute authority of God Almighty over the human society, highlights its importance which illustrates the true authority in Islam. This has been introduced in several traditions as the central pillar of religion: Islam has been built on five [pillars]: Prayer, paying zakat (obligatory charity), fasting, Hajj, and wilayah (divine guardianship) which is the first and foremost issue among others.

In the following, we will discuss the truth of the absolute authority of God Almighty: Allamah Tabatabai writes about the meaning of this concept: “By studying the different usages of the word “wilayah” (guardianship) one may find that it indicates the concept of closeness to God which would permit and authorize a certain type of ownership... The Prophet (peace be upon him) is the ”wali” (guardian) of the faithful because God has given him permission to hold the office of judging and governing people. Also, the rulers whom he would appoint to govern people may have such a guardianship to govern people within the specified spheres of authority which has been set by God.

It should be noted that the word wilayah, which is also understood from the views of Allamah Tabatabai, is that this concept is not just about guardianship and managing the affairs; rather, it is about having the right of guardianship; that is, one may hold this office while not having the right to do so, (such as the tyrants) and also one may hold the office of wilayah while having the right to do so such as Prophet and the infallible Imams. Moreover, it is possible that one has the right of guardianship or wilayah but could not put it into action like most of the infallible Imams; therefore, anyone who has the right of wilayah is called a wali (ruler) but not every ruler necessarily has the right of guardianship or wilayah.

Divine Guardianship is in the two forms of formative and legislative.

The formative wilayah means managing the affairs of the whole universe and its creatures and having the freedom of disposition regarding them; such as the guardianship of the human soul over its own inner powers. Every human being has guardianship over his conceptual faculties such as the estimative faculty as well as his lust and anger; he has guardianship over his healthy organs; if he orders the eyes to see, they would obey, if he orders the ears to hear, they would do so and if he orders the hands to pick up something they would do so.

This can be seen in the Holy Quran which addresses the formative Guardianship and that God Almighty has the right to take any action He wills regarding the creatures:

Or have they taken protectors [or allies] besides him? But God – He is the Protector, and He gives life to the dead, and He is over all things competent.” (Quran 42:9)

The legislative guardianship, however, indicates the freedom of disposition, restraint, and having an influence on human actions and behaviour. Allamah Tabatabai writes in this regard: “The legislative guardianship is the act of legislation, calling people to follow the religion and nurturing the Ummah as well as governing them.”

Imam Khomeini, based on his belief system, believes that the Lord of the universe according to the legislative guardianship, through sending prophets, has provided humankind with guidelines by which they could attain felicity and perfection calling people to take the path of prosperity and salvation. Illustrating this ideology based on the monotheistic view, he states: “We believe that legislation solely belongs to God Almighty; as God has specified the laws for creatures, and the happiness and perfection of man and society depend solely on abiding by the divine laws conveyed to man by the prophets.”

by elaborating on the doctrine of Tawhid it became clear that: the absolute guardianship and wilayah over the universe and its creatures solely belong to God, and the interference and involvement of all other than God in this regard will be rejected and illegitimate. Hence, according to the nature of the monotheistic thought of Islam, the right of guardianship and sovereignty essentially belongs to God because he has the formative and legislative guardianship, and it belongs accidentally to those who have been appointed by Him; because it is impossible for God to govern people in the form of a human being so there must be some humans, such as the divine prophets, the infallible Imams and the jurisprudents, who may, by the permission of God, implement His laws and commands.

This is the very essence and nature of Imam Khomeini’s monotheistic view that indicates that the right of guardianship and sovereignty essentially belongs to God and, secondly, to those whom God has chosen. Therefore, in his monotheistic thought, the basis of the legitimacy and authority of the rulers is the direct or indirect appointment of God on which Imam Khomeini repeatedly has emphasized: “The Prophet took the position of ruling the community because God has ordered him to do so. God Almighty has made the Prophet His successive authority, “I will make upon the earth a successive authority.” (Quran 2:30), so by establishing a government he did not seek his personal desires. Also, since divisions were likely to emerge in the Muslim ummah – because they had just converted to Islam – God, through revelation, ordered the Prophet to immediately announce the Imamate and leadership of Imam Ali in the middle of the desert (a place called Ghadir Khumm). Hence, the Holy Prophet (peace and blessings be upon him) appointed Imam Ali as his successor and ruler of the community.

Since, from Imam Khomeini’s point of view, the legitimacy of the wilayah and the ruling over the Islamic society is from God, and obedience to such rulers is considered as obedience to God: Following the commands and teachings of the Prophet is the command of God... Following the rulers or those in authority is also a divine command since God says in the Quran:

Oh you who have believed, obey God and obey the Messenger and among you. And if you disagree over anything, refer it to God and the Messenger, if you should believe in God and the Last Day. That is the best [way] and best in result.” (Quran 4:59)

The personal views and decisions of individuals even the Prophet have no place in the divine ruling and government. All people should follow the Will of God.

It is on the basis of such a view that Imam Khomeini believes that if the ruler is not appointed by God he would be an illegitimate ruler. Therefore, he says: “Without Wilayat al-Faqih (Guardianship of the Jurisprudent) ruling would be illegitimate. It is either God or an illegitimate ruler; If it is not by the Will of God and taking the Presidential office is not authorized by the guardian-jurisprudent, that government would be illegal and hence obeying it is the same as obeying an illegitimate ruler; it is only through divine appointment that the illegitimate ruler would be defeated and annihilated.”

Conclusion

Legitimacy, which encompasses the concepts of rightfulness, legality, eligibility, etc., and is more synonymous with the meaning of “rightfulness” in the political science discourses; has a prominent place in political philosophy, so that stability and the survival of any political system depend on the realization of its legitimacy. Scholars of the social and political sciences, through various definitions, have explored and recognized the issue of legitimacy, for which challenges were mentioned.

In the monotheistic approach of Islam, legitimacy is nothing but recognizing a rational basis for the right of sovereignty, and can only be achieved in the shadow of essential sovereignty originating from a true guardianship that solely belongs to God Almighty.

Since in the sacred religion of Islam, the doctrine of monotheism is not a mere theoretical discourse so that to be ineffective in the social, cultural, moral, economic and political issues of the believers, and the fact that the principle of “guardianship” and “absolute sovereignty” on all the universe, especially human society, solely belong to God, the interference of everyone except God in this field is considered as illegitimate, and this is rooted in the fact that ownership and mastership solely belong to God Almighty; therefore, the right of sovereignty over human society essentially belong to God and accidentally belong to those whom God has given permission. Hence, based on the monotheistic perspective of Islam, divine permission is the sole criterion for recognizing the legitimacy and the rightfulness of political and legal systems.

Being inspired by this view and according to the verses of the Holy Quran and believing in the existence of the necessary existent, Imam Khomeini considers the “right to legislate” and the “right of sovereignty” to solely belong to God so that no one could rule over humanity without obtaining the divine permission. Accordingly, from the point of view of Imam Khomeini, all political systems which lack this backbone would be regarded as illegitimate.

Thus, monotheism or tawhid draw on the epistemic geometry and the foundation of Imam Khomeini’s practical and scientific discourse, especially regarding the source of legitimacy and rightfulness of any legal and political system: “The concept of Wilayat al-Faqih is codified by God not the Assembly of Leadership Experts; it is the wilayah of the Prophet (peace be upon him)...”

Of course, in Imam Khomeini’s view, any legitimate ruler can exert its authority and put it into action only when people accept his ruling and choose to follow his commands.

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