The Concept and Need of Wilyah

In the name of Allah the most Merciful Beneficent

Wilayat is the most important issue after Prophethood for Muslims. The righteous Wilaya is sine qua non for a true Islamic state. A lot of problems being faced by Muslims owe their origin to negligence of righteous, just successor of Prophet (SAW). Before we delve into some greater details of Wilaya of Ahle Bait (AS), we will cast a brief look at the concept of Wilaya.

Martyr Ayatullah Murtada Mutahhari explains Wilaya in the following words: “The words, Wala, Walayat, Wilayat, Waly, Mawla, Awlaand the like have been derived from the same root, viz. Waly. The various forms of this root-word and its derivatives are the most oft-recurring words in the Holy Qur'an…The original meaning of this root-word as mentioned by Raghib in his lexicon "Mufradatul Qur'an" is one thing taking place by the side of another in such a way that there is no distance between them i.e. if two things are placed side by side in such a manner that there is no other thing between them the root-word 'Waly' is used… this root-word is naturally used for nearness and proximity also, both physical and figurative. And again for this very reason it has been used in the sense of friendship, love, patronage, guardianship, control etc., because all these conceptions involve some sort of contact and proximity.”

According to Syyed Muhammad Rizvi: “ ‘Wilayat’ derived from Wila means power, authority or a right of certain kind. In Shia’ theology, “Wilayat” is the authority invested in the Prophet (SAW) and the Ahle Bait (AS) as representatives of Al-mighty Allah on this earth.”

When we talk of Wilaya in its particular meaning of authority in Islamic context then Wilaya is faculty of legal and moral authority, which enables a person in whom this authority is invested to exact obedience to fulfill moral vision of Islamic revelation. The Islamic concept of Wilaya implies religious and political authorities are one and the same. Accordingly in the Quranic context of the divine guidance for humanity the Prophet (SAW)’s role should be considered as the head of a state and the founder of a religious order. The sense in which the holy Quran speaks about the Wilaya of the Prophet (SAW) is necessarily in the whole of human life, not just a limited segment of it. As the Muslim Ummah be organized by the context of religious devotion to Allah as explained by Prophet (SAW), but also that it acknowledges his political leadership as well. The Wilaya of the Prophet (SAW) establishes an authoritative precedent regarding the relationship between religion and political leadership in Islam. The Wilaya is concerned with whole life of Muslim Ummah.

In his famous book “The Master and Mastership” Martyr Ayatullah Murtada Mutahhari has presented four dimensions of Wilaya.

1) Wala of love (Wila-e muhabbat) : All Muslims are obliged to love and respect Ahle Bait (AS). A number of verses of holy Quran makes this obligatory for Muslims, and there is no dispute on this kind of Wila of Ahle Bait(AS) between Shias and Sunnis. The Holy Qur'an says "Say: I ask you no reward for my preaching save love and affection toward my progeny" This love is a prelude to all kinds of Wala prescribed by Islam. It binds the people to the Holy Family and gives them an opportunity to be benefited by its teachings, practice and precepts.

Imam Shafi'i, one of the four Imams of the Sunni, in his famous verses says: "Let everybody know that if the love of Muhammad's descendants means to be a Rafizi, I am a Rafizi". Imam Shafi'i also says "O Ahl al-Bayt! Allah has made it obligatory in the Qur'an to love you. It is a matter of pride for you that without invoking blessing on you, prayer is not valid,". Again he says in his verses "After having seen that the people have chosen different ways which have led them to the Ocean of deviation and ignorance. I have, in the name of Allah, embarked the ship, which may lead me to safety. The Ahl al-Bayt of the Holy Prophet are that very ship We have been ordered to hold fast the rope of Allah, and that rope is their love".
Zamakhshari and Fakhruddin al-Razi, who bitterly oppose the Sh'iah on the question of succession to the Holy Prophet, quote him in their commentaries on the Qur'an as having said "He who dies adhering to the progeny of Muhammad dies the death of a martyr; his sins will be forgiven he dies the death of a repentant and his faith will be regarded as perfect".


2) Wala of Imamat (wila-e imamat): Ayatullah Murtada Mutahhari says: “Wala of Imamate signifies religious authority, i.e. a position which makes the Imam a model for others who have to follow him and take instructions from him. Such a position automatically implies the infallibility of the Imam. It is the same position about which the Holy Qur'an, while referring to the Holy Prophet, says:

لَقَدْ كَانَ لَكُمْ فِي رَسُولِ اللَّهِ أُسْوَةٌ حَسَنَةٌ لِمَنْ كَانَ يَرْجُو اللَّهَ وَالْيَوْمَ الآخِرَ وَذَكَرَ اللَّهَ كَثِيراً ً

"The Messenger of Allah is certainly a good example for those of you who have hope in Allah and believe in the Last Day and remember Allah very often". (al-Ahzab, 33: 21)

قُلْ إِنْ كُنْتُمْ تُحِبُّونَ اللَّهَ فَاتَّبِعُونِي يُحْبِبْكُمْ اللَّهُ وَيَغْفِرْ لَكُمْ ذُنُوبَكُمْ وَاللَّهُ غَفُورٌ رَحِيمٌ

" Say: If you love Allah, then follow me, Allah will love you and forgive you your faults, and Allah is Forgiving, Merciful ". (Ale Imran, 03: 31)

These verses of the Holy Qur'an put forward the Holy Prophet as a model for others who are required to mould their conduct according to his and to follow in his footsteps. This in itself is a proof of his infallibility, because if he were liable to commit mistakes and sins Allah would not have introduced him as the leader and the guide.”

This wala reflects the power and authority of the Ahle Bait (AS) in guiding their followers in spiritual matters. According to a very famous hadith Holy Prophet has said: "I am leaving behind among you two authorities, the Book of Allah and my Ahl al-Bayt. They shall not be separated from each other till they arrive at the Fountain of Kauthar. If you go ahead of them or fall short of expectations, you shall be misled. Do not try to teach them, for they know better than you''.
Hafiz Abu Na'im reports on the authority of Ibn Abbas that the Holy Prophet said "Whoever desires to live like me and to die like me should select Ali after me as his Waly and should follow the Imams of my family who have been endowed with knowledge and intelligence. Unlucky are those who deny their excellence and disregard my kinship to them. Such people shall be deprived of my intercession on their behalf".

That kind of religious leadership, which makes every word and action of the leader authoritative, is called Imamate. It is a sort of wilayat in the sense that it implies a sort of control over the affairs of the people. This kind of Wala when used with reference to an Imam means religious authority and the right of leadership, and when used with reference to the Muslims means the acknowledgement of this right.

3) Wala of Leadership (wila-e ziamat): This kind of Wala is concerned with right of social and political leadership. According to Ayatullah Martyr Mutahhari: “Indeed a society must have a leader. The person qualified to take charge of the social affairs of the Muslims and to control their destinies is called Walyy-u Amr al-Muslimin (Administrator of the affairs of the Muslims). During his lifetime Muhammad, the Prophet of Islam, held this position, which was granted to him by Allah. Following his death, it was attained by the Ahl al-Bayt. There exists undeniable evidence to prove this fact. Besides the Hadith of Ghadir, several verses of the Holy Qur'an point out this kind of Wala.

يَا أَيُّهَا الَّذِينَ آمَنُوا أَطِيعُوا اللَّهَ وَأَطِيعُوا الرَّسُولَ وَأُوْلِي الأَمْرِ مِنْكُمْ فَإِنْ تَنَازَعْتُمْ فِي شَيْءٍ فَرُدُّوهُ إِلَى اللَّهِ وَالرَّسُولِ إِنْ كُنتُمْ تُؤْمِنُونَ بِاللَّهِ وَالْيَوْمِ الآخِرِ ذَلِكَ خَيْرٌ وَأَحْسَنُ تَأْوِيلاً

“O you who believe! obey Allah and obey the Messenger and those in authority from among you; then if you quarrel about anything, refer it to Allah and the Messenger, if you believe in Allah and the last day; this is better and very good in the end”. (al-Nisa, 04:59).


النَّبِيُّ أَوْلَى بِالْمُؤْمِنِينَ مِنْ أَنْفُسِهِمْ

“The Prophet has more authority over the believers than that which they have over their selves”. (al-Ahzab, 33:06)

There is no dispute about the fact that the Prophet held this position which was a right given to him by Allah and not by the people. Our Sunni brethren also agree with us on this point. The only debatable question is regarding the person, who holds this position after him.”

Holy Prophet (SAW) was the Imam, religious leader and the law-giver. Whatever he said or did was authoritative. The Qur'an says:

“If the Messenger orders you to do something, obey it, and if he forbids something abstain from it”. (al-Hashr, 59:07)

His (SAW) decisions with regard to any internal disputes and any lawsuits were binding and valid.

Allah says in the Holy Qur'an (Muhammad)

فَلا وَرَبِّكَ لا يُؤْمِنُونَ حَتَّى يُحَكِّمُوكَ فِيمَا شَجَرَ بَيْنَهُمْ ثُمَّ لا يَجِدُوا فِي أَنفُسِهِمْ حَرَجاً مِمَّا قَضَيْتَ وَيُسَلِّمُوا تَسْلِيماً

“I swear by your Lord, they will not be true believers until they make you judge of what is in dispute between them and find in themselves no dislike of that which you decide, and submit with full submission ". (al-Nisa, 04:65)

He (SAW) held political and social Wilayat. Besides preaching and explaining the commands of Allah and adjudicating the disputes among the Muslims, he administered their social and political affairs. He was Walyy-u Amr al-Muslimin. The following verses envisage this aspect.

“Obey Allah, His Messenger and those of you who are in charge of your affairs”. (al-Nisa, 04:59)

“The Prophet has more authority over the believers than that which they have over their selves”. (al-Ahzab, 33:06)

This position of the Holy Prophet out of the three preceding position, constitutes the basis of the question of Caliphate, and his successor has the same rights and status.

4) Wala of Control (wila-e tasarruf): This dimension reflects universal power over the entire universe that the Prophet (SAW) and Ahle Bait (SAW) have been vested with by the grace of Almighty Allah. This is the highest stage of Wilayat of Ahle Bait (AS). Imama and Wilayat in this sense signify the same position though from different points of view.

This fourth dimension is the universal authority that the Prophet (SAW) and the Ahle Bait (AS) have been vested with by the Almighty Allah. It is an authority that makes it possible for the Wali to exercise his power over everything that exists. In the words of Ayatullah al-Khumeini: “It is a vicegerency pertaining to the whole of creation, by virtue of which all the atoms in the universe humble themselves before the holder of authority”

The authority and control of Ahle Bait (AS) is vertical with respect to that of Allah.

The Question of Wilayat in Islam
After Prophet (SAW)

The question of Wilayat or leadership of Ummah both in spiritual and temporal affairs after Prophet (SAW) is the cause for division between Shia’s and Sunnis. Both agree on the indispensable need of a Wali, but differ on the method and ways of its selection or appointment. Whether Prophet (SAW) left Muslims without appointing any leader as his successor after him? Whether Muslims have right to elect their own leader as successor of Prophet (SAW)? Whether the right of appointment of Wali or leader of Muslims rests with Allah? Such questions form the basic difference between the two sects of Islam. As regards the successor of Prophet (SAW) we have discussed the issue above under event of Ghadir due to lack of space we cannot delve into details of vicegerency after Prophet (SAW). We will only have a brief look over the issue here.

Ayatullah Muhammad Baqir al-Sadr has discussed three possibilities in his essay entitled “A Study on the Question of Al-Wilaya” namely firstly, Prophet (SAW) left Ummah with out any successor to replace his place as leader after him, secondly, Prophet (SAW) wanted Muslims to choose themselves their leader through as-Saqifa or consultation, and thirdly, Prophet (SAW) appointed Imam Ali (AS) his successor, and Imam of Ummah.

First Approach:

The Prophet (SAW) was assuming the leadership of a revolutionary faith, and inducing radical transformations of the customs, structures, and concepts of society. The path for such transformation was long and the faith which Prophet (SAW) practiced had to begin with the man belonging to the period of Jahiliyyah and raise him to new institutions, thus converting him into an Islamic man who could carry the new light, and uproot the trunk and roots of Jahiliyyah from his heart and mind. The Prophet (SAW) made astonishing headway in the task of transformation in a very short time, but it was necessary for this task of transformation to continue on its way even after the death of Prophet (SAW).

So now to think that Prophet (SAW) adopted a passive approach for leadership after him is to attribute to Prophet (SAW) the lack of insight. To think such a thing is a great sin, besides all logic and reason with many evidences refute such attribution. Prophet (SAW) was well aware with the maturity of faith of Muslims, these Muslims were just out from the dark alleys of pre-Islam jahiliyyah and they were certainly not in a condition to cope up with the vacuum of leadership. There were also many hypocrites present in the garb of Muslims and Prophet (SAW) also knew it well.

So, Prophet (SAW) was were aware with the dangers to Islam after him, and hence claims of any kind of passivity on his level for the Future of Islam is not acceptable. In fact both Shia’ and Sunnis have this tradition in their authentic works that Umar al-Khattab was amongst a group of men in the house when Prophet (SAW), before his death, said: “Bring me parchment and pen so that I may write something for you after which you shall never go astray”

In fact this act of Prophet (SAW) illustrates clearly that he was deeply concerned about the dangers which had to be faced in the future, and recognized the need to plan ahead as to protect the Ummah from deviation, and save it from inattentiveness and disintegration. It is thus totally impossible to substantiate any claim of passivity leveled against the Prophet (SAW).

Second Approach:

The second approach says that Prophet (SAW) adopted a positive policy concerning the future of Ummah and Islam, and he advocated the appointment of a Shura or counsel, which would be entitled to select leader of Muslims.

Had the holy Prophet (SAW) adopted a positive attitude towards shura after him, he would have found it absolutely necessary to educate the Ummah and the faithful concerning the principles of shura with its rules and details, and to give it a form which reflected the divine and holy sanction, while also preparing the Islamic society both mentally and spiritually to accept this system.

But we can easily discover that holy Prophet (SAW) never sought to educate Ummah for any such plan for future. We do not find any ahadiths attributed to holy Prophet (SAW) giving details of principles, legal aspects or theoretical concepts of shura. Therefore, we can conclude that holy Prophet (SAW) did not seek shura for Ummah after his death.

The shura, which was formed after, holy Prophet (SAW) could not survive even a short time. First Caliph neglected it and appointed the second Caliph himself, while the second one formed a six-member group enshrining the right to elect leader amongst them. In this way as-Saqifa collapsed immediately after it was formed.

The first Caliph regretted the fact that he was elected too speedily, while the second one regretted the first one’s election saying it was a slip, he himself on many occasions confessed his inability in handling the affairs of Ummah.

Third Approach:

The third approach is the only possibility, which is consistent with the nature of facts and logical in light of the circumstances surrounding Islam, Muslims and the Prophet (SAW). The holy Prophet (SAW) adopted a positive stance towards the future of Islam after his death and as per the orders of Allah (SWT) chose Imam Ali (AS) who had deep involvement in the formation of Islam, and specifically prepared him religiously in the art of leadership so that he could exemplify the intellectual authority and political leadership of the experience, and maintain the leadership of Ummah and its ideological structure after the holy Prophet (SAW)’s death.

In fact the evidence from the lives of the holy Prophet (SAW) and the Imam (AS), which indicate that the holy Prophet (SAW) prepared the Imam (AS) specifically in religious matters is indeed substantial. For the holy Prophet (SAW) chose to explain the concept of Islam and its truths to him, and gave him intellectual answers and sought to cultivate the Imam (AS)’s awareness when he asked numerous questions while also spending long hours with during both the night and the day, opening his eyes to the concepts of Islam and to the problems to be faced during its progress, and to the management of the task until the last day of his noble life.

Imam Ali (AS) - the commander of the faithful himself describes his unique relationship with the holy Prophet (SAW):

“You know of my connection with the Messenger of Allah (SAW), my close kinship to him and my intimate position. He put me on his lap when I was a child, hugged me to his breast, embraced me in his bed, so that his body touched mine and so I smelled his scent, and would also chew things and give, them to me to eat. But he did not find me lying in my speech or pompous in my act. I used to follow him as the small camel follows its mother and every day he showed me part of his moral acts and ordered me to do likewise. Every year he used to take me to Hira and only I could see him, for at that period of time of Islam there was only the Messenger of Allah (SAW), Khadija and myself as the third, as nobody else lived in the house. So I saw the light of revelation and the message and smelled the fragrance of prophecy.”

Similarly, there are a great many indications from the lifetime of Imam Ali (AS) after the death of holy Prophet (SAW), which reveal the Prophet’s private ideological training of Imam Ali (AS) and reflect the effects and results of this private instruction. The Imam (AS) was the man to whom the ruling leadership resorted for consultation and authority when they wished to solve some difficult problems, which they could not solve themselves. But we cannot find a single instance in the history of the Islamic experience during the time of the four khulafah in which the Imam (AS) turned to someone else for an opinion as to the way in which a problem should be dealt with according to Islam, whereas there were tens of instances in which the ruling Islamic leadership felt it necessary to consult the Imam (AS), in spite of their reservations in this matter.

The above arguments along with the event of Ghadir establish fact that successor of Prophet (SAW) was none other than Imam Ali (AS). The holy Prophet (SAW) himself, on the instructions of Allah (SWT), appointed him his successor.

WILAYAT AL-FAQIH
(Supreme Jurist Leadership)

The guidance of Ummah is a continuous process, which is needed even during the occultation of Imam Mahdi (ATF), so who will take the responsibility of leading and guiding the Ummah during this time? The answer to this question lies in the rule of just, pious and virtuous jurists so that we may faithfully follow them and seek guidance in the affairs of life. Our divine religion Islam has rules for every walk of life. There are laws for economic, social, civil, and spiritual affairs. These laws have not been put in suspension during the occultation of Imam (ATF), nor can we be assigned to an ignorant and corrupt ruler for leadership, so naturally there is genuine need for just, pious and learned men to lead Ummah. The obedience to these jurists by the people is as obligatory as it is to the Holy Prophet (SAW) and the Infallible Imam (AS). We must also have in mind that adherence to full Islamic rules is not possible until there is an Islamic government. So the necessity of an Islamic government cannot be ruled out even during the occultation of Imam (ATF).

Now, there are a number of questions, which arise and must be answered:

Do the Muslims need some system of Government? Should an Islamic State be protected and defended or not? Should the lands be safeguarded? Should laws be promulgated in an Islamic State? Should the right of the oppressed be restored to him? Should or should not the voice of Islam reach every nook and corner of the world? Were the teachings of the Prophets and the Imams confined to their time only or were they applicable to all places and all times? If the answers to these, questions lie in affirmative. If we want to safeguard our land, resources, culture, faith from the onslaught of enemies of Islam. If the very structure and essence of Islam is to be protected, then surely we need an Islamic Government, which should be based on the lines of guidance from holy Quran and Sunna.

If the government is necessary then the ruler is also necessary, because the government cannot be run without a ruler. Therefore, since Islam needs a government for enforcing its laws, we should find out the qualifications of the ruler and know whether he has a deep understanding of the Divine commandments, is just and competent, and can appreciate and face difficulties. If it is necessary that the ruler should be a true Muslim, well informed, pious, virtuous and statesman, then that person must be a jurist, and his government will be called the government of the jurist.

Those, who do not believe in the concept of the guardianship of a jurist should study the following viewpoints and accept anyone of them:

(i) Islam is confined only to prayers, fasting, individual worship, moral values only and it does not envisage the solution of social problems, justice, political and economic problems.

(ii) Islam was only meant for the duration of the lifetime of the Holy Prophet only, and it was abandoned after him and now its important social problems are confined only in books.

(iii) Important social laws; should be enforced by the ignorant and wicked persons only.

If none of the above-quoted view-points is acceptable or appeals to reason, then we must accept the guardianship of the jurist, which means that the enforcement of Islamic laws and solution of difficult problems should be solved by eminent Muslim scholars and thus we must not think that the guardianship of the jurist is unjustifiable.

Is it not narrated from Imam Ja'far Sadiq (AS) that: "In the Holy Qur'an all the individual and collective needs of the society have been described".

Hence, are the government, ruler, administration and various fields of human activities not included among the important needs of the society?

The Holy Prophet said, "I am grateful to Allah that I have described all the requirements of the Ummah before my death".

Imam Ali Reza (AS) while dealing with the problem of guardianship says, "There is no nation which is without its leader and the social structure of a society is directly concerned with the leader and that people should manage the public treasury by keeping an account of its income and expenditure, organize the society, fight against the enemies and protect the society from internal dissensions and disunity. If there is not going to be any such leader, then the nation will break up into pieces and the Divine commandments and the teachings of the Holy Prophet will be tampered with at the command of despotic ruler".

You will note that the, question of leadership and the government has been stated to be the most important problem by Imam Ali Reza (AS). It is obvious that for the benefit of the poor masses management of the public treasury, equitable distribution of wealth, struggle against enemies, administration of social institutions are not such that they are only concerned with the time of the previous infallible Imams and that the Ummah should be left to itself during the occultation of our living Imam Mahdi (ATF) that is to say, there should be no need of a government or a ruler during the period of occultation.

Thus Islam acknowledges the existence of the society and the necessity of the government and its ruler, but what is important is that we should know the conditions and qualifications of the ruler, and what type of the government it should be and how it should carry on the administration.

According to common sense and keeping in view the various Islamic narrations, the responsibility of the government should be laid on the shoulders of the just jurist. We reproduce here excerpts from some narrations:

(i) The Holy Prophet considered the jurists as his caliph.

(ii) The living Imam Mahdi (ATF) with his own hand wrote in reply to a letter: "You should refer to our narrators about your problems and difficulties for they are our argument and proof on you just as we are the argument and proof of Allah".

(iii) When Imam Ja'far Sadiq (AS) was asked about the problems, which are referred to despotic administration for decision he said, "Referring to these departments is very bad because it is referring to the despot and if someone gets back his right from these despotic departments it becomes unlawful. On such occasions however, it is your duty to refer to those people who know our teachings and narrations fully well, because I declare them as the Qazi (Judge) for you. Thus you should remember that if this jurist has given you his decision and you consider it worthless it is as if you have considered the Divine command as worthless. If anyone disobeys these jurists, it is as if he has disobeyed us, and whosoever disobeys us, has in fact disobeyed Allah and this action amounts to polytheism".

(iv) The Holy Prophet (SAW) said, "Scholars are the successors of the Prophets". (Wasa'il, vol. XVIII, chapter 11)

(v) Imam Kazim (AS) said: "Jurists are the fortresses of Islam". (Kitabal Bai', Ayatullah Khumayni)

(vi) Allah (SWT) has taken an assurance from the scholars that they would not pass over the gluttony and oppression of the despots in silence and would not ignore the hunger of the poor. (Nahjul Balagha)

Naturally in a society supporting the oppressed and crushing the tyrant do need a government or its operative agency.

(vii) In the Holy Qur'an we have been taught that in a society we should stick to justice. Can justice in a society be maintained without the existence of a government or a ruler?

(viii) Imam Hussain (AS) says, "Discharging of the duties and the enforcement of laws should be in the hands of the scholars, God-fearing and pious persons. These are the people who do not make any changes in the Divine commands pertaining to lawful and unlawful things, and who are the custodians of trusts". (Tuhaful 'Uqul, p. 242)

(ix) Imam Ali (AS) says, "Scholars are the rulers of the people". (Ghurarul Hikam, quoted from al-Hayat, vol. II, p. 293)

Thus it is deduced that in an Islamic society the head of the government should be a just jurist with all the prescribed qualifications. These very jurists are the authorized representatives of the infallible Imams during the period of the occultation of our living Imam Mahdi (ATF). If the authority and guardianship of the jurist is terminated, the despots would raise their heads and the Divine commandments will be altered.

Now after the above discussion we would like to ask few questions about the intentions and objectives of the persons opposing the concept of government by a just and righteous jurist:

● Do they say that for Muslims no government and no administration are necessary?

● Do they say that some system is necessary but there is no necessity of an administrator, ruler or guardian?

● Do they say that guardians and the rulers of the people should be those who have no concern with Islam?

● Do they say that the ruler should be a jurist and Muslim but it is not necessary that he should be just and pious?

● Do they consider that guardianship of the jurist is some sort of a dominating force? Is the jurist a representative of a particular group or class of people?

● Does the selfishness of the jurist not nullify his sense of justice and fair play by which his guardianship in the society will automatically cease to exist?

We would ask those who oppose the guardianship of the jurist as to whom they want to entrust the affairs of the Ummah? We ask whether the Muslims should not follow someone in their affairs or is their following restricted to worship of Allah only? Is there not the possibility of a lawful or an unlawful thing in matters of social problems such as strikes, rehabilitation, travels, disputes, agreements, pacts, appointments, dismissal etc.? Should we not follow some jurist in all those matters where there is a question of lawfulness and unlawfulness? Should the leadership of the Muslims be entrusted to an un-Islamic leader? Will it not be like handing over the administration of a medical college to a man who is not a physician himself?

Has the time not come when we should protect ourselves from false leadership, unscrupulous politicians and professional opportunists, we should come under the Islamic protection, and accept only that leadership, which is compatible with the standard laid down by Qur'anic revelations.

To run Islamic government we need the guardianship of Wilayat al-Faqih, Imam Khomeini in his book “Islamic Government” discusses the concept in details. According to him: “Wilayah means government, administration and leadership of the country… Wilayat al-faqih is a legal issue established by the Shari'ah. Just as the Shari'ah has made each one of us the guardian of his minor children, the duty of the guardian of the entire people does not differ from the guardianship of minors except in terms of quantity… Two qualifications must obtain in the Islamic ruler: he must be an expert of Islamic law and sciences and must be just. Without these two conditions no one may assume the office of the Imam of the Islamic State… It is not a system where the head of state enjoys absolute power, playing with the people's wealth and lives... It is a constitutional government, not in the ordinary known sense but in the sense that its functionaries adhere to a set of conditions and rules explained in the Qur'an and Sunnah, which make it imperative upon them to obey the system and apply the rules and laws of Islam. Hence the Islamic State is a realm of divine law. The difference between the Islamic government and the constitutional one, be it a monarchy or republic, lies in the fact that representatives of the people or the monarch legislate, while the authority of legislation (in the Islamic State) is confined to Allah alone… None, whosoever, is allowed to legislate and none has the right to govern with laws that do not enjoy Allah's sanction.”

A Brief Account of Imam Khomeini’s Argument on Wilayat-e Faqih

Imam Khomeini’s arguments on the issue are as follows:

- Islam is a comprehensive religion, providing laws on politics, society, economy, etc. It is admitted that the Divine commandments are applicable to all societies in all eras.

- Religious commandments are not useful unless they are applied to form a state on the basis of Divine guardianship.

- Moreover, in order to protect the Islamic system, control the borders of Muslims from any encroachment by the enemy, and prevent chaos in Islamic society, it is necessary to form an Islamic government. Therefore, the reasons underlining the role of an Imam in the society stand for the formation of a government in the absence of infallible Imams (a).

- The leadership of an Islamic government has been specifically entrusted on a particular person in the absence of Imam Mahdi (ATF). But since the government is an Islamic in nature, its ruler should possess at least the following two qualifications: command over religious laws (fiqh); and he should be a just person.

- The scholar must be a just individual, and must be also pure and pious. The Guardian has to be an outstanding candidate, and as a result the most learned of all other candidates in order to be elected to this post. This position makes Him the leader of all the Ummah, not only the Shia, and he has to make decisions and lead on behalf of the Ummah. Of course not all of the Ummah follow the Guardian, however that is what is intended to happen. This position was intended by Imam Khomeini (RA) to be one that can unite and lead the Ummah to glory, until the return of Imam Mahdi (ATF). In no way is this position more powerful than the leadership of Imam Mahdi (ATF), and is not intended to be so. it is simply a temporary position until His return, so that in the time of His occultation the Ummah is not divided and doesn't go astray, because the Muslims of the world always need strong leadership.

Ayatollah Hashemi's Discourse On Wilayat al-Faqih

Notice: This, important discussion was presented by Ayatollah Hashemi Shahroodi in his course of Khariji Fiqh (post advanced jurisprudence) in the holy city of Qom in the autumn, 1997. He is the head of the institute of Islamic Jurisprudence (Fiqh) Encyclopedia and the professor of Islamic sciences in the chief Islamic seminary in Qom and recently has been appointed as the head of Iranian Judiciary.

In the name of God and peace be upon our master & Prophet Muhammad…

…. I come to the main point which includes Wilayat al-Faqih (The authority of a leading jurist as the Leader of society) and Marjaiyyat (the authority of a leading jurist as the people's reference on Islamic practical laws), the latter “Marjaiyyat” was functioning before Islamic revolution but the second (Wilayat al-Faqih) did not function because Maraji (famous leading jurists) were not authorized and also were not on power for ruling and leadership, therefore the principle of Wilayat al-Faqih could not function and just Marjaiyyat which was a part of Wilayat al-Faqih worked.

This authorization as Wilayat al-Faqih started by Imam Komeinei’s great endeavour who made the governing of Fuqaha (leading Jurists) practical and possible. So nowadays we can see Wilayat al-Faqih, which is the most perfect form of Marjaiyyat is functioning. Wilayat al-Faqih not only includes referring to a leading jurist by people for the Islamic practical laws (Marjaiyyat) but also involves the leadership of the society by that leading jurist. This change in our society aims starting the realization of religion in whole society.

Now a Faqih (leading jurist) should not act just in very detailed cases such as managing the orphan’s properties and the matters like this. It is really unreasonable that a Faqih engages himself with very detailed matters and does not feel any responsibility in society for important social problems. What does this belief mean saying a Faqih should just function for the detailed and practical laws such as orphan’s affairs, and a Faqih is not deserved to come to power as Wilayat al-Faqih. This is my question, why is not it possible for a Faqih to have power to execute all Islamic laws in society as a ruler or authorized responsible?

The author of Javahir Al-Kalam says, "Whoever does not accept the principle of Wilayat al-Faqih will not taste the sweet taste of Fiqh". So it is clear that Wilayt al-Faqih is one of the most fundamental principles of Fiqh. The only disagreement comes back to the mentioned thought that a Faqih cannot govern. I think the root of this thought comes back to the periods and eras in which, the governing of a Faqih looked quite impossible, the thought, which was formed gradually.

However this principle “Wilayat al-Faqih” is a clarified and a settled point, which can be inferred from Quran and narrations and also by rational causes and understanding the spirit of Fiqh.

The author of, Javahir profit from his Fiqhi (Jurisprudential) talent and makes some interesting decision about important cases like Judgment. Some jurists doubts the important documents which indicate Wilayat al-Faqih such as Maqboulah or Abi-khadija narrations, even if we put this important document aside, we can infer by a rational method which says that a legislator surely would not be satisfied with not being a Judge, Shiite in a Shia society. So we can infer that there is a kind of appointment for a Shiite Judge who is a well-qualified jurist.

Here is a fundamental question, If we are not left in a simple point like appointing of a judge, in the case of appointing a deserved person as the Leader (Wali-e-Amr) this fact is very clear and this appointment and its conditions should be practiced in a society.

Another point, which I want to have a word on it, includes this fact that Wilayat al-Faqih is the continuation of Imamate (Leadership of Twelve Shia Imams). Today we see some spiteful ones who are instilling some doubts into people's mind that the legitimacy of Wilayat al-Faqih is given by people, these ideas are perfectly against the Quranic verses and famous narrations which explicitly express that Wilayat (Leadership) firstly belongs to God then his prophet next the Imams and finally the ones who are appointed by Imams so in this case there is no chance for the people to choose. In the narration, which indicated the appointing the judge it is been told that: "we choose for you a judge, not you".

In here, maybe someone rely on the theory of Al-Showra (Counsil) or the modern ideas such as direct election, which has come from the West. The point is, Shiism has not any background or any record about it. The best reason for not existing this point in Shia culture is that, there is not any narration of our Imams (peace be upon them) about Al-Showra or clarifying the condition of voters. This point “Al-Showra”can be applied nowadays for choosing the responsible of a state but for the case of Wilayat al-Faqih we see all the Quranic verses are against it and there is no way. Some Quran verses like “The ruling is for no one except God" or "There is no authority for them" or "Obey God and his prophet and those among you who have been authorized by the prophet to rule over you". If we care, we'll see there is no expression indicating the election of a ruler by people.

Among narrations we also see some such as “They are my deputies to you and I am God’s deputy“, which was told by the prophet Muhammad (SAW). As we see in the Islam history Imam Ali Ibn Abi Talib (AS) when he was the head of the Islamic State chose all of his governors himself and did not say to people which one you like to choose.

I believe the matter of election has come completely from the West and there is nothing about it in Islamic documents. In sunni culture even the concept of Al-Showra (counsel) is quite different from its today’s concept because the appearance of Showra for sunni was based on political reasons. As we see in the period of Omayyads and Abbasids there is not any institution called Al-Showra and just is defined in the period of four caliphs.

There is another meaning for election and electing in the Fiqh of Shia’ in which the act of electing means knowing and introducing someone by people. This concept is highly different from its western concept, nevertheless in this concept there is a special role for the people to supervise the governors.

Nowadays we see some people who want to make the principle of Wilayat al-Faqih dependent on electing by people so that people can authorize or depose whenever they want. I believe the purpose of such an idea is sweeping Wilayat al-Faqih away and they want to deviate this important principle.

Hereby, I deeply request the young and the learned scholars to study on this case carefully and try not to be influenced by the deviating matters, which are exposed here and there.

The next point, which I want to discuss about, is "A’lamiyyat" (to be the most learned among the famous jurists). In old books on Fiqh this expression has not been mentioned and recently has been used in contemporary texts especially in the case of “Ijtihad” which includes referring to the jurist by people for their practical laws. The root for forming this idea comes back more to a rational cause. It means when there is a disagreement between two Faqihs (Jurist) in their opinion for a practical law, the people can refer to the more learned one (A'lim).

Some contemporary jurists believe in following the A'lim (the most learned jurist) as a obligatory precaution, meanwhile I have to mention some points about definition of A'lamiyyat. I believe the kind and the degree for A'lamiyyat, which can be considered as the base of preference between two learned Jurists is the difference, which is really highly deep and clear between them.

If the difference of two "Learned Jurist is" little but there is a lot of common points, in here we can not say which one is A'lim (more learned) because they have attended in the same seminary, the same school of thinking and also education and the methods are the same. When this differences is really deep so that they belong to two different periods, school or method, in here we can say the one who is more qualified and has attended more famous teachers and more advanced period can be considered as A'lim (more learned).

The other point concerning the concept of A'lamiyyat is that, the theory of A'lamiyyat does not consist of being dominant just on Usul-al-Fiqh (principles of Fiqh) or Rijal (the science of studying narrators' biography and their reliability). We consider these factors effective on A'lamiyyat when they have got a practical and applied use in Fiqh whereas we know these factors have not merely so much effective use in Fiqh by themselves.

So what are the other effective factors except above and also important aspects which are functioning in Fiqhi (Jurisprudential) inference that can make a jurist as the most Learned Jurist (A'lim).

In my opinion these factors can be as follows:

First, Having a deep understanding of the spirit of Islam, which can be very important for an inference. This kind of understanding not only needs having a good knowledge of Quran, traditions and narrations (Hadith), Fiqh and principles of Fiqh but also is in a great need of being familiar to the practice and manner of the Prophet (SAW) and the Imams (AS). It means a Faqih (leading jurist) should accurately know how the prophet and the Imams who had the control of society behaved facing different problems. How did they execute the Islamic laws in the society? I think for having a good knowledge on the prophet and the Imams practice and behaviour, first we should care that what kind of priorities they considered for the good of society paying attention to the circumstances of the society.

In here I should fire to this point that one of the reasons, which made Imam Khomeini as the most learned jurist was this character, I mean understanding the priorities. The time he presented the theory of Wilayat al-Faqih really shows his genius of understanding the situations and priorities. He felt a kind of suitability for exposing this theory and finally succeeded. Before Imam Khomeini this theory “Wilayat al-Faqih” just consisted of supervision of a jurist on the matters like appointing the judge, caring orphan’s affairs and the subjects like these. If Imam Khomeini had not gained such a deep understanding of the reality of Islam, the Prophet’s and the Imams' practice and especially a good understanding of social situations, he could not infer the theory of Wilayat al-Fiqh through the Islamic laws and Fiqh.

Paying attention to this point shows the character of A'lamiyyat in Imam Khomeini made a practical and applied benefit for the society, not just trying fruitlessly doing some theoretical work without any effects.

There is a narration which Wilayat al-Faqih can be inferred from it which is called “Ibn Issac Correspandence”. Imam Khomeini with well-justified and persuading reasons inferred the theory of Wilayat al-Faqih from it. The mentioned reasons were literal and verbal or nonverbal.

Another factor which is effective on A'lamiyyat is having a good understanding of cultural, intellectual and legal matters which is very influential on inferring the new and old matters, some new subjects like banking and banking systems, economy and Islamic economy, Judgment and etc., although such matters like prayer and cleanness are basically important but are not very effective on governing a country as a leader.

The other point which is really necessary for a Leading Faqih is being dominant on Ahlulbait`s (the shia Imams) knowledge, theological matters, moral and historical points. If we suppose two Leading Faqih and the first one has limited himself just in a special Hadith book like Wasil al-Shia (one of the biggest hadith book of Shia) and the second Faqih has got a perfect knowledge of shia Imams' narrations, surely I consider the second one as a dominant person on public culture and Islamic knowledge. The mentioned skill can be very useful for understanding the Quran verses and narrations more deeply. In above example the first Faqih who lacks this knowledge is unable to infer perfectly and his reasoning are incomplete. We can conclude of what I told above, that it is not enough for a scholar to study just some years in a Islamic seminary studying only Fiqh or Usul al-Fiqh very well and then say now I am a Learned Faqih or the most Learned (A'lim). This is just a small point of A'lamiyyat as I enumerated some factors already.

The characteristics, which I told for being A'lim are really existing in Ayatollah Khamenei. He believes that Fiqh should be gotten from the Fiqh itself and it should not be influenced by outer factors. This advantage is one of his high characters. In the case of inferring and making jurisprudential (Fiqhi) decisions, his decisions are really close to the famous decisions. He respects the great scholars' ideas very much and tries to get all of the good point of them and then expose his own opinion. This character is also one of the brilliant characters of Ayatullah Khamenei for being A'lim.

To summarize what I told about the case of A'lamiyyat, I believe, for this case we should consider a full dimensional definition as I explained in details.

Now as the final subject I pay a little attention to Marjaiyyat (the state of being as a Leading Jurist as people’s reference for their practical Laws and needs). Here is a question, which expresses that A'lamiyyat is not the only condition for Marjaiyyat. If we care, we'll see Marjaiyyat is a kind of leadership of the people for their religious and practical laws needs in other words it is a kind of religious and legal legislation. For this reason there are some other conditions for Marjaiyyat such as justice, righteousness and legitimate birth. For some of these conditions we cannot find an important reason but we can just say because it is an important position in the society therefore, the owner of this responsibilities should qualify these conditions.

Ayatollah Sadr in his epistle of the practical laws called "Al-Fatawa Al-Waziha" enumerates another conditions as well as the other conditions mentioned by other jurists for the case of Marjaiyyat. Theses conditions are efficiency and adequacy of a jurist. I have not seen this point in other jurist’s epistles and books.

I think it is a good topic to be discussed and analyzed in Islamic studies centers and seminaries. Now the point is that, the justice and righteousness, which are necessary for Marjaiyyat, how should be their degree? I believe it should have a high degree, even higher than the righteousness and justice, which were mentioned through narrations and former jurists' tales. But on the whole, I believe among the conditions enumerated for Marjaiyyat the most important is efficiency and the merit, because lots of people follow a Jurist who has the title of "Marjayyat" and they practice his decisions.

It is nice to say that this institution I mean Marjaiyyat didn’t exist in Shia culture until Muhammad Ibn-Makki Al-Amili (13-14th century) known as Shahid-e-Awwal founded it, expressing that in a Shia society should exist a Leading Jurist for referring people to him for their religious needs and Islamic practical laws.

As I already mentioned the qualifications of A'lamiyyat, Muhammad Ibn-Makki as a brilliant Jurist and A'lim (the most learned) who had understood the spirit of Islam and Fiqh, founded one of the most important and fundamental principles of Fiqh which is Marjaiyyat and in our era the late Imam Khomeini as a unique jurist could expand the limits of Marjaiyyat having a perfect understanding of the spirit of Fiqh and Islam he presented the theory of "Wilayat al-Faqih" giving the persuading reasons and well justified causes and discussions so that, Marjaiyyat with all its importance is considered only as a part of Wilayat al-Faqih.

At the end, I thank God that our present leader Ayatollah Khamenei possesses the necessary qualifications for Marjaiyyat and Wilayat al-Faqih.

I pray the Almighty God for you all to be succeeded.