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

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

The Concept of Guardianship in Ayatollah Khameneis Political Thought

 

For Ayatollah Khamenei, wilayah (guardianship) is the continuation of prophethood, it is inseparable from prophethood and, in fact, it does complete the issue of prophethood. If there is no wilayah, prophethood will remain incomplete.[1]

 

In many statements, he has defined wilayah as connection, relation, and affection as well as the spiritual connection. As he says: “In Quran term, wilayah requires a firm coherence and comradeship among a group of people who are after a common goal, a single destination and a united, ideological front and consistent cohesion.” Why do they have to respect such peculiarities? The answer is to survive and not be affected by the prevailing circumstances. This is called wilayah in the Holy Quran.[2]

 

Also, in his view, “guardianship means intellectual, spiritual and practical connection. The guardianship of God and the infallible Imams are not two different things. There is no difference between the wilayah of the Imams and that of Prophet (s), and it is all about the connection and interconnection of two things so that those two things cannot be easily separated. As a person who has knowledge in the field of Islamic issues, when I want to understand this connection correctly in Islamic culture, I infer that such a connection is intellectual, spiritual and practical. In these three areas, if communication between us and the Imams, between us and God, between us and the Prophet, is established, then it would be wilayah (1982/04/27).

 

Elsewhere, he states: “The main meaning of the guardianship is the closeness of the two things to one another. For example, when the two strands are tightly knit and cannot be easily separated, it is called wilayah in the Arabic language. Wilayah means connecting two things tangibly and strongly. All the meanings mentioned for wilayah – including love, guardianship, and the other meanings, share one aspect which is a kind of closeness between the two sides of the wilayah. For example, wilayah means love because there is a spiritual connection between two sides of this concept and it is not possible to separate them from one another” (1997/04/26).

 

According to his definitions of wali and wilayah, one can say that Wilayat al-Faqih is not the relationship between the servant and a master rather it is based on love and friendship and a reciprocal tie of hearts. Ayatollah Khamenei has considered wilayah in two aspects of human and society; addressing the first one, he states: “A man, who has a true belief in wilayah, does have a daily-increasing, intellectual and practical dependence on his wali. You must find the wali, God’s wali and try to distinguish the true wali of the Islamic ummah. After you find him, then you do your best to suit and link all your thoughts, your deeds, your spiritual tendencies and your way of life to him only, follow him sincerely, act according to his recommendations A believer in wilayah should ceaselessly think and act as I explained.[3]

 

As Ayatollah Khamenei describes it, wilayah in a society depends on the wali being recognizably ascertained; all should know that such-and-such a person is the wali. Secondly, the person of wali should be the source of inspiration and happiness for all groups, forces and their social activities. All orders and laws should be given by him and he should supervise the satisfactory execution of these laws and regulations. The person of wali should be the engine of all power and energy in that society and all people ought to watch him and follow him in the right direction. Such a society would be a wilayati society, that is, a society enjoying God’s wilayah.[4]

 

In the view of Ayatollah Khamenei, in a society where wilayah has prevailed, humans will also attain perfection. Such a society becomes a society that develops all human talents. All things that God has given to man for the sake of perfection, will be flourished. It makes human seedlings grow. It drives humans to evolution. It empowers humanity. In this society, however, the ruler, the one to whom all people refer, would guide the community towards the way of God. He would distribute the wealth equally. He tries to spread good things and eradicate the bad ones.

 

He points to the efforts of the Imams in this regard and states: “The infallible Imams have tried to revive the notion of wilayah. To revive the Islamic community.” Ayatollah Khamenei, while referring to verses 51 to 54 of Surah al-Ma’idah, not only divides the concept of wilayah into different aspects of positive and negative but also identifies wali as the central point of the orientations and positions and states that: “In these verses, both the positive and negative aspects of wilayah have been mentioned. The first is the internal relationship and the latter is cutting off the external ties. Furthermore, the other aspect of wilayah is the connection with wali – who is the heart, the ruler, and the Imam.”

 

The Islamic ummah must keep up and preserve its internal, intimate links and it should reject all forms of external dependence. Now, in order for the ummah to carry out these two important duties, it needs to have a strong central authority to administer and lead the society in all its social, political, economic and moral activities. The name of the person invested with such authority is wali which means the governor, the commander and the ruler. This means that all Muslims are inspired by the wali, he is the director and the administrator of the Islamic society in all its ideological and practical affairs.[5]

 

Referring to the verses of the Quran, Ayatollah Khamenei states that wilayah only belongs to God. Accordingly, wilayah can be divided into two types of the wilayah of God and wilayah of other than Him (wilayah of the taghut). Therefore, in Islam and the Islamic system, the wilayah of God has dominance. This wilayah is distinct from the other type of wilayah in that it is accompanied by love, faith and compassion. Hence, he says: “In the Holy Quran, everyone who acknowledges the wilayah other than the wilayah of God is seen as a follower of the wilayah of the taghut. One who is not under the wilayah of God is under the wilayah of the taghut.”

 

The purity and of the Islamic world and the Islamic and spiritual environment all rooted in the wilayah of God. This divine wilayah does not differ from the wilayah of God in a political environment; both have the same essence. Therefore, in the Islamic system, the government is accompanied by love, faith, unity and empathy, as well as people being with the government and the unity within different parts of the government; these would distinguish the true example of wilayah in a world which is full of conflicts and disagreements and would also show that this is an Islamic system (1998/04/16).

 

Ayatollah Khamenei has repeatedly emphasized the ties between wilayah and love, unity and affection. In addition to expressing the characteristics of wilayah as the divine government, he also outlined its limitations. He says: “Wilayah is a divine government in which there is no trace of selfishness, monarchy and authoritarianism. It is a government in which, despite the existence of an authority, the dignity of a ruler as well as his dogma and determination, there is no sign of despotism, selfishness and tyranny” (1999/04/05).

 

The Guardianship of the Jurisprudent in Ayatollah Khameneis Political Thought

 

Before studying the spheres of the authority of the guardian-jurist in Ayatollah Khamenei’s view, it is necessary to understand what he means by the guardian-jurist (wali al-faqih). Ayatollah Khamenei, while addressing a transcendental order, believes that wilayah and governing belong to God and whoever He appoints to do so.

 

Therefore, like other jurisprudents, he believes that governing and ruling over human beings, first of all, belong to God, then to Prophet (s) and infallible Imams and also during the time of Major Occultation it is the responsibility of the just jurisprudent who is appointed by God by explaining his characteristics.

 

Hence, he says: “The only one who has the right to rule is God, and because God has the right to rule, He can give this right to whomever He wills to fulfill the interest of human beings, and we know that the act of God is wise, and it is not dictatorship or bullying. His acts are in line with human interests. Therefore, He appoints the Prophet, Imams, and those who conform to certain criteria and we should accept His will. The one who has special characteristics is appointed by God as the rulers of Islamic society after Imams. Hence, God determines wali; He is wali, His prophet and Imams are walis. Those who conform to certain criteria, they are appointed to rule.”

 

Ayatollah Khamenei refers to the guardian-jurist as the Imam and explains how he would be chosen to take such a position: “If an Islamic society is to move in one direction, to unite all its forces and to prevent all external, harmful influences, it must, according to Quranic wilayah, have a central authority in a pious leader so that all Muslims could be inspired by him, listen to him and be at his command; this Imam is the one who knows all about exigencies of the ummah, the corrupting elements among them and is able to decide upon what’s good for the ummah. The Islamic ummah must have this central authority to lead the affairs of the Islamic society; this leader should not fear anything on the path of God, and if necessary, be ready to give up his life for the interests of the ummah. What do we call such a person?”

 

We call him Imam. Imam is the person who is ordained by God to administer the affairs of the ummah.

 

A person with such pious qualities could be an Imam, that is, a leader of the faithful whom all believers follow because he is himself a firm believer, a fair and just person whose actions and decisions are truly inspired by God’s injunctions. This is what the principle of Quranic wilayah requires.[6]

 

Another aspect of wilayah is the coherent and strong relationship of the ummah with the living heart of the Islamic ummah. An intellectual and practical relation. That is to say, following him as a role model in terms of views, thoughts, actions and behaviours.

In the statements of Ayatollah Khamenei, indicators and components related to the issue of Wilayat al-Faqih can be seen. Accordingly, his views regarding such issues will be clarified. In the following, some of them will be mentioned.

 

The Guardianship of the Jurisprudent in the Continuation of Divine Authority

 

Ayatollah Khamenei, while explicitly referring to the divine nature of Wilayat al-Faqih, considers establishing the government during the time of Major Occultation to be especially the responsibility of the fully qualified jurisprudent or in other words the guardian-jurist.

 

Therefore, he says: during the time of Major Occultation, both according to the definite and explicit order of reason and Islam, this wilayah and sovereignty are specific to a religious, just, insightful person, or the jurisprudent. I said that this is the hierarchy of the divine government and divine wilayah, and while today’s most qualified people are the all qualified jurisprudent, basically all the Islamic denominations agree that under any circumstances when there is no one has been appointed by God, we should refer to the one who is the most qualified, one who is closer to Islamic standards, that is, the all qualified, just, knowledgeable, insightful jurisprudent who is aware of the current situation and avoiding following egos. This is what we have in the constitution of the Islamic Republic as Wilayat al-Faqih (1988/03/17).

 

Wilayat al-Faqih Executes Divine Ordinances and its Features

 

In the view of Ayatollah Khamenei since the guardian-jurist must enforce divine law in Islamic society; he should have enough knowledge of Islamic laws and observe justice.

 

He says: “In a society where people believe in God, the government must be founded on divine and religious principles; that is, the school of Islam and Islamic law and Islamic rules and regulations must govern the lives of the people and the executor of those decrees in society should have two prominent characteristics: first, to know these precepts, the Islamic law, Islamic jurisprudence the most, and to know all about divine commandments and divine laws. The second characteristic is that a person who is aware of divine knowledge and divine jurisprudence should have the power to protect himself from committing sin deliberately, which in Islamic culture is called justice. These two traits relate to the one who in Islamic society wants to execute divine and Islamic rulings. In our constitution, this explicit decree is embodied as Wilayat al-Faqih, and such a notion governs the constitution of our Islamic Republic and the general form of our society; this wilayah influences all parts of the society.”

 

Generally, he mentions three traits for the guardian-jurist: having the knowledge of jurisprudence, observing justice and insightfulness (1998/06/14). Also in the discussion of guardianship, he emphasizes Islamic values and says: Following wilayah is observing the Islamic values.

 

Wilayat al-Faqih is the Most Progressive Theory for Governing

 

In addition to considering “Wilayat al-Faqih” as an indisputable concept within the Shi’ah jurisprudence, Ayatollah Khamenei emphasizes its superiority over other theories of governance and says: “The issue of leadership – that is Wilayat al-Faqih is among the most progressive social and political issues and the theory posed by the Islamic Republic is one of the best ones. Some think that Wilayat al-Faqih is something created by the seminaries! Wilayat al-Faqih is the most progressive and the most modern theory for governing in today’s world. Wilayat al-Faqih means the sovereignty of a person who knows the best the predominant ideology and thinking in society” (1986/07/20).

 

Wilayat al-Faqih Means the Rule of the Scholars of Religion

 

Ayatollah Khamenei, according to the characteristics of the jurisprudent, considers the government in which Wilayat al-Faqih plays a central role, as an alternative to other types of governing introducing it as a system. As he says: “Wilayat al-Faqih is a discipline in society. It is not a thing separated from society; it is a system in society. If we want to present the correct notion of the concept of Wilayat al-Faqih in a simpler way, we should say that it is the rule of ideologues, the rule of the intellectuals in the community; this is the meaning of Wilayat al-Faqih which is in contrast to the rule of the militaries, tyrants, capitalists, workers, and other types of governing. Wilayat al-Faqih is the rule of religious scholars, Islamic scholars. Ruling here does not mean the head of state or the president, rather it means that the one who makes the final decision regarding the affairs of society must be a jurisprudent. Of course, he also authorizes the presidency of the President through which other things will be managed accordingly. Thus, Wilayat al-Faqih is a system” (1983/02/26).

 

Wilayat al-Faqih: Popular Islamic Rule

 

According to Ayatollah Khamenei, the most important principle of the Islamic popular government is Wilayat al-Faqih. He says: “If we want to have a popular and Islamic government, the concept of Wilayat al-Faqih should be implemented within that government. otherwise, it will not be popular and Islamic” (1982/03/28).

 

Today, the people of this country have accepted and acted upon the constitution and the foundation of Wilayat al-Faqih as the most important principle (1996/02/03).

 

The Principle of Wilayat al-Faqih is Among the Most Vivid Teachings of Islam

 

As Imam Khomeini at the beginning of his book, Wilayah, states, “Wilayat al-Faqih is one of the issues that its perception would lead to its acknowledgement and does not require much proof “...also, while addressing the agreement of the scholars on the issue of Wilayat al-Faqih, though there may be disagreements among them regarding the sphere of the authority of the guardian-jurist, Ayatollah Khamenei believes that it is among the most vivid teachings of Islam” (2000/02/03).

 

Hence, nothing will be more urgent and more useful for humanity than establishing a government that is led by a person who is a religious scholar, aware of the spiritual aspect of life, avoiding committing sin and obedient to God. Therefore, Wilayat al-Faqih is not something we have a problem with its essence and want to prove its legitimacy; because it is one of the obvious teachings of Islam. Since the early days of Islam, Wilayat al-Faqih has not been denied by any Islamic jurisprudent. Of course, there are different opinions regarding the scope of this guardianship. It is clear that those who do not think about the issue of government, those who are not familiar with the political issues in human societies, those who do not know that practicing religion depends on religion rules over people and without it no one can act upon religious teachings, clearly they do not consider Wilayat al-Faqih to have such a wide sphere of influence (1997/02/13).

 

Wilayat al-Faqih: A New Theory in the World

 

Based on Ayatollah Khamenei’s viewpoint, the concept of Wilayat al-Faqih posed by Imam Khomeini is a unique, new and innovative idea present to the world. In his view, what is presented in the constitution, in the words of Imam Khomeini and the revolution as Wilayat al-Faqih, is a completely new thing? The basis of Islamic rule was a new word in the world. In fact, in this case, Revolution brought a new thing that astonished the opponents. This was not at all like what later they tried to explain; it was not similar to anything else. What is in the constitution and in the remarks of Imam Khomeini and the revolution as Wilayat al-Faqih is a completely new word in the world.

 

Of course, it may be said that Wilayat al-Faqih is an Arabic term that should be dealt with in seminaries; rather, it is a very new concept, meaning that we put someone at the head of the government whom we know will not violate the rules. This is a very important thing. You see now what is the cause of all the miseries and troubles in the world. We want to put someone at the head of the government whom we know does not violate the rules. We may have made a mistake and he will violate them. Whenever we find out that he did something wrong, we realize that he no longer deserves to be in this position; all agree and accept this method. This is a very novel idea regarding the issue of governance (2000/01/24).

 

Wilayat al-Faqih and the Legitimacy of Three Powers in the Country

 

In the opinion of Ayatollah Khamenei, the legitimacy of the executive and even the judicial powers in the country come from Wilayat al-Faqih. Carrying out any action does not have legitimacy unless approved by the guardian-jurist. For him, Wilayat al-Faqih has a very strong basis (2000/01/24).

 

Therefore, according to Islamic jurisprudential principles and according to the principle of Wilayat al-Faqih, making laws is not permissible for anyone and no one has the legitimacy to do so except through Wilayat al-Faqih. That is to say, the legislature is also obtaining legitimacy from Wilayat al-Faqih. The executive power also gains legitimacy from the authorization of the guardian-jurist, which if he does not give legitimacy, all the actions of these agencies working in the country, whether legislators or executives will be invalid and people have no obligation to follow their orders and methods. It is because of the connection with Wilayat al-Faqih that they all find legitimacy. In fact, Wilayat al-Faqih is like a spirit in the body of the system which governs the country.

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