The Ideal Government in the View of Imam Khomeini

The Islamic Republic

We want to explore the Islamic feature of Imam Khomeini’s favourable government; the system of Islamic Republic based on Wilayat al-Faqih (the Guardianship of the Jurisprudent) first appeared in Shi’ah thought, with the victory of the Islamic Revolution and the establishment of the Islamic Republic of Iran (1979) led by Imam Khomeini. Although it has been more than three decades since the theory was developed and implemented, it has had far-reaching influences on the history of Shi’ah political thought and life. For this reason, there is very little work in the post-Islamic writings on the new Islamic political system that has not addressed the relationship between the Wilayat al-Faqih and the model of republican government. Imam Khomeini explains the feature of the government as being Islamic that Islam is a religion of politics and felicity. The government seeks the prosperity and salvation of people; dividing politics into animalistic, human and divine ones, Imam Khomeini defines the politics in Islam and elaborates on the ultimate goal of politics in Islam by stating that:

Such politics (the animalistic ones) is then one dimension of that which has had to do with the prophets and the saints in Islam. This is an imperfect part of the politics that in Islam, has been specified for the prophets and Imams, their aim was to guide people, all the nations, society and individuals, and lead them towards whatever is good for mankind, for society. It is the same as the “straight path.”

He also addresses, on another occasion, the purpose of the Islamic state: The Islamic state seeks to provide man with felicity and prosperity. Elsewhere he says, “All this is a prelude to achieving peace and tranquillity in this world... as well as a path towards God. The basis is the journey to God... All the efforts of the prophets from Adam to Muhammad have been in line with the aim of taking the journey to God.”

Therefore, the ultimate goal of the Islamic state is to lead society towards the right path and helping people attain felicity and perfection which is the attainment of nearness to God. This is because the purpose and philosophy of the creation and sending of the prophets and Imams as well as the scriptures have been the same thing...

The General Structure of the Islamic Republic System

The general structure of the government in the theories dealing with the Islamic Republic systems based on Wilayat al-Faqih, despite the differences of basic principles, is largely based on the experience of constitutional theories in Iran. the theory of Shi’ah Constitutionalism, especially in the works of the Mirza Mohammad-Hoseyn Naini, had been lied upon the negative approaches with respect to the establishing a government and rejecting the political authority of the jurisprudents during the period of the Major Occultation; but the views of Imam Khomeini, which lays the foundations of the Islamic Republic, are clearly based on adopting a favourable approach towards establishing a government and emphasizing on the political authority of the jurisprudent. Today, everyone is aware of the significance and impact of Imam Khomeini’s thoughts. Many of his important ideas in politics and managing the affairs of the country are such that they now become the themes of talks and discussions about the relationship between religion and politics. 

Imam Khomeini’s thought and practice are embedded in a tradition of Shi’ah thinking that openly opposes the foundations of the political jurisprudence of some constitutional leaders. The Shi’ah political jurisprudence in the later period — has been developed on two different bases, of which the ideas based on the political authority of the jurisprudents is the first one. Unlike Naini and the constitutional government, Imam Khomeini and the government of the Islamic Republic follow the first category. Also, if Shaykh Ansari is considered to be the largest representative of the second category, Muhammad-Husayn Kashif al-Ghita and especially Muhammad-Hasan al-Najafi, author of Jawahir al-Kalam fi Sharh Shara’i al-Islam as well as Mulla Ahmad Naraqi are the most important representatives of that first basis in the last two centuries of the history of Shi’ah political jurisprudence. However, despite being committed to the “political authority of the jurists,” Imam Khomeini is gradually expressing distinct differences with Muhammad-Husayn Kashif al-Ghita, Muhammad-Hasan al-Najafi and Mulla Ahmad Naraqi.

In this respect, the theory of Imam Khomeini, now known as the “the system of Islamic Republic based in Wilayat al-Faqih,” has a unique structure and framework that we examine in the following section.

Wilayat al-Faqih

All jurisprudential theories about the Islamic Republic have stemmed from the definition of the Wilayat al-Faqih (Guardianship of the Islamic Jurisprudent), the principles of legitimacy, and the spheres of the authority of the Guardian-Jurisprudent in the Islamic Republic. Imam Khomeini considers the Wilayat al-Faqih as the main pillar of the Shi’ah system of governance during the time of Major Occultation. He states in his work on the matter of Wilayat al-Faqih or the Islamic state:

Wilayat al-Faqih is one of the issues that its perception and understanding would lead to its acknowledgement and does not need much proof. That is to say, anyone who has even come to gain a general view on the Islamic doctrines and beliefs as soon as he understands the issue of “Wilayat al-Faqih,” will acknowledge it and recognize it as essential. The fact that today the idea of Wilayat al-Faqih is not given much attention and needs to be argued and proved, is due to the social conditions of Muslims in general and the seminaries in particular. Wilayat al-Faqih serves as the basic foundation of the political discipline of the time of Major Occultation in Imam Khomeini’s ideology.

The President and Presidency

The theories of the Islamic Republic’s system in the Shi’ah thought, like any other jurisprudential-political theory, have merely analyzed the characteristics of the ruling jurist. However, in the ideas of Imam Khomeini, the feature of the Islamic state of being a “republic” has a special place in the time of Major Occultation and in this sense, the institute of the presidency is considered as the best symbol of Islamic democracy in Imam Khomeini’s view. of course, Imam Khomeini has not provided a clear theoretical analysis which determines the “Islamic Republic” as the only legitimate and desirable form of governance during the time of Major Occultation. He has always referred to two general characteristics of a good government:

1) Relying on people’s votes

2) Abiding by the Islamic rules and regulations.

In short, as Imam Khomeini’s political thought and practice indicate, he, as the theorist of the Islamic Republic’s theory and government, has taken major steps in harmonizing the theory of political authority of the jurisprudent and the order of the republican system in the Shi’ah world; yet, one the other hand he sees the institute of the presidency as the best symbol of “being a republic” and in this regard considers the priority of the vote of the people and the necessity of following the “honourable votes of the people” in signing the presidential decree; on the other hand, relying on the legitimacy of the political authority of the jurisprudent, he sees the legitimacy of the power and decisions of the president revolving around the authorization given by the ruling jurist.

The Islamic Consultative Assembly

Imam Khomeini calls the Majles “the topmost office of the country” and “the fruit of the excruciating efforts of the Muslim nation of Iran.” in his view, “it is the Majles that could lead a country towards prosperity and felicity or corruption.”

In his message to the first members of the Islamic Consultative Assembly, Imam Khomeini described the features of the Islamic Consultative Assembly in the Islamic Republic: “The Islamic Consultative Assembly, which is at the fountainhead of whatever transpires in the Islamic Republic, has certain characteristics, the most important of which is being Islamic — being national. Because it is Islamic, all its efforts are directed towards passing laws that are not contrary to the sacred provisions of Islam, and it is national especially with respect to the existence of the Guardian Council of the Constitution because it has been founded by people and is independent of the East and the West and their dependents. Today, the Majles is the real house of the nation.”

The establishment of the Commission for the Determination of the Interest of Islamic Order is a “governmental ordinance” and since this type of rule in the context of the absolute Guardianship of the Jurisprudent is seen as “the primary ordinances of Islam which are given priority over all secondary ordinances even the prayer, fasting and Hajj, Its decisions supersede the Guardianship Councils’ and also its permanent and variable members are specifically designated by the ruling jurist. Article 112 of the Constitution passed in 1989 addresses this issue.

The Judiciary System 

Contrary to the realm of politics, many of the Shi’ah theories agree upon the issue of the authority of the jurisprudents in terms of “judicial arbitration.” The difference between the theory of the Islamic Republic and that of other Shi’ah theories is that it entirely places the judiciary system in the hands of the ruling jurist. In Imam Khomeini’s thought, “that the office of the judiciary system belongs to the righteous jurists is not a problem, and is almost clear.” Given the fact that the government favoured by Imam Khomeini was a republic, one can find that it is also democratic.

The Origin of the Favourable Government

Regarding the origin of the favourable government, different theories were presented, some considered it to be the force while others believe it is a divine source or a social contract, etc. But the origin of Imam Khomeini’s favourable government differs from all these theories because it is rooted in his theological and jurisprudential basic principles. 

People are placed on one side and the shari’ah is seen on the other. Imam Khomeini considers people as one of the foundations of the Islamic government and always in his remarks emphasized the need for the government to rely on the people, not to impose anything on them, people’s satisfaction, and people’s supervision and so on.

Imam Khomeini’s speech is full of the words “people” (1212 times) and “nation” (1523 times). And perhaps one can say that only a few jurists like Imam Khomeini have given such a significant status to people and addressed them and respected them both in theory and action.

The concepts of nation and people in Imam Khomeini’s political thought seek to provide a democratic and popular reading of the Islamic political system. Imam Khomeini considers the main element of the Islamic Republic to be “the people,” not to prove Islam’s compatibility with Western democracy, but to democratize it in the sense of containing a popular political system. Explaining the role of the people in the Islamic Republic system, of course, requires examining the relationship between the concept of the Guardianship of the Jurisprudent and the people, of which three different interpretations have been presented in Imam Khomeini’s views: the divine legitimacy of the Guardian-Jurisprudent and giving efficiency to the government through the people’s vote, the popular legitimacy and legitimizing the government by people’s vote and the divine-popular legitimacy. Here, without touching upon the aforementioned interpretations and their relation to Imam Khomeini’s thought, it is only necessary to point out the essential point that people still hold a high position in Imam Khomeini’s thought. Undoubtedly, such a role and position need appropriate mechanisms. The emergence of the people in the structure of the Islamic Republic is generally reflected in institutions such as the presidency, the legislature, the councils, and the Assembly of Leadership Experts.

Once the majority of people have accepted the set of Islamic laws and principles, the system based on that set will be popular. The “Islamization” of the republic only means that Islamic law prevails in that society; there can also be a collision of ideas within the religious state due to the lack of the notion of imposing religious teachings on people, and the peaceful coexistence of religions in the Islamic society is possible; yet, since democracy cannot be implemented with having all people agreed, when it comes to the interests of the people the view and vote of the majority are taken into consideration. The majority can base their political system on their religion. In that case, that religion has full control over the affairs of the country and all laws and regulations must be based on it.

The Nature of the State in Imam Khomeini’s Thought

In the political thought of Imam Khomeini, the nature of the state has been described with a variety of terms; first, he introduces the state as a constitution, albeit a constitutional one that relies on laws. He calls the government “constitutional” because divine laws rule over it. He argues in this regard: “The Islamic government is neither despotic nor absolutist; it is “constitutional.” it is constitutional in the sense that the rulers are bound by a set of regulations specified in the Holy Quran and the practices of Holy Prophet (peace be upon him).

The “set of regulations” are the laws of Islam that must be observed and implemented. For this reason, the Islamic government is “ruling of the divine law over people.” He also mentions the names such as the serving government, the Islamic government, the legal government, divine government, the trustworthy government, the just government, the government of the oppressed and deprived people and the popular government. However, he has emphasized the first name. From Imam Khomeini’s point of view, we are all serving the people and our country. One may realize his emphasis on these names by looking into his statements and remarks.

The Development of the Structure of the Government (Supervision— Interaction)

As mentioned, there are two theories about the size of government; the governments either interfere in all aspects of the affairs of the society, including economics, politics, private lives of people, etc. (such as what the dictatorial and despotic regimes do), or they only interfere in some affairs of the country. Such structures or interventions are called “maximal.” Moreover, in some systems, the government is adopting a passive approach, or in other words, it has no role. It does not have such a dignified status. This minimal level of efficiency of the state causes it to be deviated and prevented from playing its proper role. This type of government is called minimal government. In the West, the transformation of the structure of the big state into the structure of the small one occurred and hence the absolute stated ended up with the emergence of a neoliberal one.

Imam Khomeini talks about a government that has neither the characteristics of a maximal state nor the characteristics of a minimal one in the Western sense. He rejects the policies of both of the governments for excessing and neglecting and disregarding the spiritual dimension of man. But at the same time, it is a state that both monitors and directs the society, does not peruse the interventionist policies and established interaction with people. An example of this is evident in the eight-articled message of Imam Khomeini.

In Article 4, he states:

“No one has the right to prosecute any person or summon him without the order of the judge that must be based on the religious norms however less the period of his arrest. Arrest or summon by coercion is a crime and contravention of the religious law.”

 

In Article 5, he states:

“No one has the right to take ownership of possession of the property of any person whether movable or immovable or to usurp the right of any person, or confiscate and take custody except with the order of the religious magistrate that, too, after meticulous investigation and proof of verdict from the religious viewpoint.”

Also, in Article 6, he says:

“No one has the right to enter the house or shop or workplace of a person without the permission of their owners or arrest any person or in the name of the discovery of crime or committing of sin. No one has the right to pursue and follow somebody or insult an individual and commit inhuman and un-Islamic acts or eavesdrop over the telephone, or make a recording on a cassette recorder on the pretext of locating a center of vice or in order to prove a crime and sin — however major the sin be. No one has the right to place listening devices or unearth the secrets of the people or work undercover to discover the sins of others or to disclose the secrets of others even if it is to a single person. All of these are crimes and sins and some of them spread immorality and sins are among the cardinal sins. Those who commit any of the previously mentioned transgressions are criminals and merit religious compensations while some of them are liable for the religious verdict.”

Also, he points out that the government should let people manage some affairs of the country. One can find the characteristics through the speeches and remarks of Imam Khomeini. Therefore, he believes that in some cases the intervention of the government is necessary while in others it is not.

Imam Khomeini believed that the state belongs to the whole nation and vice versa saying that: “What I have to say is that nothing in this country would be done well unless through cooperation. If the Iranian people wait for the government to do something or vice versa, nothing will happen. There are no such concepts as nation and state today, we are all the nation and the state. More importantly, we should have a sense of responsibility regarding the affairs of the country and that we have to help whenever is needed.”

Imam Khomeini, while addressing the people, says that the issues of society and country are your own and are not related to others: People, including men and women, should be involved in all matters of the country, especially political and social issues.

Imam Khomeini considers the engagement of people in the affairs of the country as the same as their engagement in their destiny. Since individuals naturally seek a good fate for themselves and their country, not only the engagement in the affairs of the country should be considered necessary by individuals, both men and women, but also the government and statesmen should facilitate the implementation of this reality.

According to Imam Khomeini, one of the areas of people’s involvement in managing the affairs of the country is demanding fundamental issues from the government. In his view, criticizing the acts of the government and statesmen is another area for people’s involvement in managing the affairs of the country. People can and should — without any restrictions — criticize the improper acts of the government and make demands in this regard.

Participation in policy-making and law-making either directly (participating in elections) or indirectly (electing representatives and lawyers to pursue matters such as the election of Members of Majles) on the one hand is a right, and on the other hand, is a duty of all people. Yet, it is the responsibility of the government to pave the way for such an engagement and the implementation of those policies and laws.

While asking the government and statesmen not to have a monopoly on state affairs, Imam Khomeini states that the state ownership in terms of the affairs of the country, monopolizing them by the government, and laying aside the nation in running the country are the deadly diseases. 

Imam Khomeini believes that after policymaking and the ending of the legislative process the quality and the way things are done have to be left to the people, and that should be taken seriously by the statesmen.

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