Islamic Government: Governance of the Jurist
The Form of Islamic Government
Islamic government does not correspond to any of the existing forms of
government. For example, it is not a tyranny, where the head of state
can deal arbitrarily with the property and lives of the people, making
use of them as he wills, putting to death anyone he wishes, and
enriching anyone he wishes by granting landed estates and distributing
the property and holdings of the people. The Most Noble Messenger (s),
the Commander of the Faithful (‘a), and the other caliphs did not have
such powers. Islamic government is neither tyrannical nor absolute, but
constitutional. It is not constitutional in the current sense of the
word, i.e., based on the approval of laws in accordance with the opinion
of the majority. It is constitutional in the sense that the rulers are
subject to a certain set of conditions in governing and administering
the country, conditions that are set forth in the Noble Qur’an and the
Sunnah of the Most Noble Messenger (s). It is the laws and ordinances of
Islam comprising this set of conditions that must be observed and
practiced. Islamic government may therefore be defined as the rule of
divine law over men.
The fundamental difference between Islamic government, on the one hand,
and constitutional monarchies and republics, on the other, is this:
whereas the representatives of the people or the monarch in such regimes
engage in legislation, in Islam the legislative power and competence to
establish laws belongs exclusively to God Almighty. The Sacred
Legislator of Islam is the sole legislative power. No one has the right
to legislate and no law may be executed except the law of the Divine
Legislator. It is for this reason that in an Islamic government, a
simple planning body takes the place of the legislative assembly that is
one of the three branches of government. This body draws up programs for
the different ministries in the light of the ordinances of Islam and
thereby determines how public services are to be provided across the
country.
The body of Islamic laws that exist in the Qur’an and Sunnah has
been accepted by the Muslims and recognized by them as worthy of
obedience. This consent and acceptance facilitates the task of
government and makes it truly belong to the people. In contrast, in a
republic or a constitutional monarchy, most of those claiming to be
representatives of the majority of people approve anything they wish as
law and then impose it on the entire population.
Islamic government is a government of law. In this form of government,
sovereignty belongs to God alone and law is His decree and command. The
law of Islam, divine command, has absolute authority over all
individuals and the Islamic government. Everyone, including the Most
Noble Messenger (s) and his successors, is subject to law and will
remain so for all eternity—the law that has been revealed by God,
Almighty and Exalted, and expounded by the tongue of the Qur’an and the
Most Noble Messenger (s). If the Prophet (s) assumed the task of
divine viceregency upon earth, it was in accordance with divine command.
God, Almighty and Exalted, appointed him as His viceregent, “the
viceregent of God upon earth”; he did not establish a government on his
own initiative in order to be leader of the Muslims. Similarly, when it
became apparent that disagreements would probably arise among the
Muslims because their acquaintance with the faith was recent and
limited, God Almighty charged the Prophet (s), by way of revelation, to
clarify the question of succession immediately, there in the middle of
the desert. Then the Most Noble Messenger (s), nominated the Commander
of the Faithful (‘a) as his successor, in conformity and obedience to
the law, not because he was his own son-in-law or had performed certain
services, but because, he was acting in obedience to God’s law, as its
executor.[^1]
In Islam, then, government has the sense of adherence to law; it is law
alone that rules over society. Even the limited powers given to the Most
Noble Messenger (s) and those exercising rule after him have been
conferred upon them by God. Whenever the Prophet (s) expounded a
certain matter or promulgated a certain injunction, he did so in
obedience to divine law, a law that everyone without exception must obey
and adhere to. Divine law obtains both for the leader and the led; the
sole law that is valid and imperative to apply is the law of God.
Obedience to the Prophet (s) also takes place in accordance with divine
decree, for God says: “And obey the Messenger”(Qur’an, 4:59). Obedience
to those entrusted with authority is also on the basis of divine decree:
“And obey the holders of authority from among you”(Qur’an, 4:59).
Individual opinion, even if it be that of the Prophet (s) himself,
cannot intervene in matters of divine law; here, all are subject to the
will of God.
Islamic government is not a form of monarchy, especially not an
imperial one. In that type of government, the rulers are empowered over
the property and persons of those they rule and may dispose of them
entirely as they wish. Islam has not the slightest connection with this
form and method of government. For this reason, we find that in Islamic
government, unlike monarchial and imperial regimes, there is not the
slightest trace of vast palaces, opulent buildings, servants and
retainers, private equerries, adjutants to the heir apparent, and all
the other appurtenances of monarchy that consume as much as half of the
national budget. You all know how the Prophet (s) lived, the Prophet
who was the head of the Islamic state and its ruler. The same mode of
life was preserved until the beginning of the Umayyad period. The first
two [caliphs] adhered to the Prophet’s (s) example in the outer conduct
of their personal lives, even though in other affairs they acted to the
contrary, which led to the grave deviations that appeared in the time of
‘Uthmān, the same deviations that have inflicted on us these misfortunes
of the present day.[^2] In the time of the Commander of the Faithful
(‘a), the system of government was corrected and a proper form and
method of rule were followed. Even though that excellent man ruled over
a vast realm that included Iran, Egypt, Hijāz[^3] and the Yemen among
its provinces, he lived more frugally than the most impoverished of our
clergy students. According to tradition, he once bought two tunics, and
finding one of them better than the other, he gave the better one to his
servant Qanbar. The other he kept for himself, and since its sleeves
were too long for him, he tore off the extra portion.[^4] In this torn
garment, the ruler of a great, populous, and prosperous realm clothed
himself.
If this mode of conduct had been preserved, and government had retained
its Islamic form, there would have been no monarchy and no empire, no
usurpation of the lives and property of the people, no oppression and
plunder, no encroachment on the public treasury, no vice and
abomination. Most forms of corruption originate with the ruling class,
the tyrannical ruling family and the libertines that associate with
them. It is these rulers who establish centers of vice and corruption,
who build centers of vice and wine-drinking, and spend the income of the
religious endowments constructing cinemas.[^5]
If it were not for these profligate royal ceremonies,[^6] this reckless
spending, this constant embezzlement, there would never be any deficit
in the national budget forcing us to bow in submission before America
and Britain and request aid or a loan from them. Our country has become
needy on account of this reckless spending, this endless embezzlement,
for are we lacking in oil? Do we have no minerals, no natural resources?
We have everything, but this parasitism, this embezzlement, this
profligacy—all at the expense of the people and the public treasury—have
reduced us to a wretched state. Otherwise he [the Shāh] would not need
to go all the way to America and bow down before that ruffian’s desk,
begging for help.
In addition, superfluous bureaucracies and the system of file-keeping
and paper-shuffling that is enforced in them, all of which are totally
alien to Islam, impose further expenditures on our national budget not
less in quantity than the illicit expenditures of the first category.
This administrative system has nothing to do with Islam. These
superfluous formalities, which cause our people nothing but expense,
trouble, and delay, have no place in Islam. For example, the method
established by Islam for enforcing people’s rights, adjudicating
disputes, and executing judgments is at once simple, practical, and
swift. When the juridical methods of Islam were applied, the sharī‘ah
judge in each town, assisted only by two bailiffs and with only a pen
and inkpot at his disposal, would swiftly resolve disputes among people
and send them about their business. But now the bureaucratic
organization of the Ministry of Justice has attained unimaginable
proportions, and is, in addition, quite incapable of producing
results.
It is things like these that make our country needy and produce nothing
but expense and delay.
The qualifications essential for the ruler drive directly from the
nature and form of Islamic government. In addition to general
qualifications like intelligence and administrative ability, there are
two other essential qualifications: knowledge of the law and
justice.[^7]
After the death of the Prophet (s), difference arose concerning the
identity of the person who was to succeed him, but all the Muslims were
in agreement that his successor should be someone knowledgeable and
accomplished; there was disagreement only about his identity.
Since Islamic government is a government of law, knowledge of the law
is necessary for the ruler, as has been laid down in tradition. Indeed
such knowledge is necessary not only for the ruler, but also for anyone
holding a post or exercising some government function. The ruler,
however, must surpass all others in knowledge. In laying claim to the
Imamate, our Imāms also argued that the ruler must be more learned than
everyone else.[^8] The objections raised by the Shī‘i ‘ulamā are also
to the same effect. A certain person asked the caliph a point of law and
he was unable to answer; he was therefore unfit for the position of
leader and successor to the Prophet (s). Or again, a certain act he
performed was contrary to the laws of Islam; hence he was unworthy for
his high post.[^9]
Knowledge of the law and justice, then, constitute fundamental
qualifications in the view of the Muslims. Other matters have no
importance or relevance in this connection. Knowledge of the nature of
the angels, for example, or of the attributes of the Creator, Exalted
and Almighty, is of no relevance to the question of leadership. In the
same vein, one who knows all the natural sciences, uncovers all the
secrets of nature, or has a good knowledge of music, does not thereby
qualify for leadership or acquire any priority in the matter of
exercising government over those who know the laws of Islam and are
just. The sole matters relevant to rule, those that were mentioned and
discussed in the time of the Most Noble Messenger (s), and our Imāms
(‘a), and were, in addition, unanimously accepted by the Muslims, are:
(1) the knowledgeability of the ruler or caliph, i.e., his knowledge of
the provisions and ordinances of Islam; and (2) his justice, i.e., his
excellence in belief and morals.
Reason also dictates the necessity for these qualities, because Islamic
government is a government of law, not the arbitrary rule of an
individual over the people or the domination of a group of individuals
over the whole people. If the ruler is unacquainted with the contents of
the law, he is not fit to rule; for if he follows the legal
pronouncements of others his power to govern will be impaired, but if,
on the other hand, he does not follow such guidance, he will be unable
to rule correctly and implement the laws of Islam. It is an established
principle that “the faqīh has authority over the ruler.”[^10] If the
ruler adheres to Islam, he must necessarily submit to the faqīh,
asking him about the laws and ordinances of Islam in order to implement
them. This being the case, the true rulers are the fuqahā[^11]
themselves, and rulership ought officially to be theirs, to apply to
them, not to those who are obliged to follow the guidance of the
fuqahā on account of their own ignorance of the law.
Of course, it is not necessary for all officials, provincial governors,
and administrators to know all the laws of Islam and be fuqahā; it is
enough that they should know the laws pertaining to their functions and
duties. Such was the case in the time of the Prophet (s), and the
Commander of the Faithful (‘a). The highest authority must possess the
two qualities mentioned—comprehensive knowledge and justice—but his
assistants, officials and those sent to the provinces need know only the
laws relevant to their own tasks; on other matters they must consult the
ruler.
The ruler must also possess excellence in morals and belief; he must be
just and untainted by major sins. Anyone who wishes to enact the
penalties provided by Islam (i.e., to implement the penal code), to
supervise the public treasury and the income and expenditures of the
state, and to have God assign to him the power to administer the affairs
of His creatures must not be a sinner. God says in the Qur’an: “my vow
does not embrace the wrongdoer” (2:124);[^12] therefore, He will not
assign such functions to an oppressor or sinner.
If the ruler is not just in granting the Muslims their rights, he will
not conduct himself equitably in levying taxes and spending them
correctly and in implementing the penal code. It becomes possible then
for his assistants, helpers, and confidants to impose their will on
society, diverting the public treasury to personal and frivolous use.
Thus, the view of the Shī‘ah concerning government and the nature of
the persons who should assume rule was clear from the time following the
death of the Prophet (s) down to the beginning of the Occultation.[^13]
It is specified that the ruler should be foremost in knowledge of the
laws and ordinances of Islam, and just in their implementation.
Now that we are in the time of the Occultation of the Imām (‘a), it is
still necessary that the ordinances of Islam relating to government be
preserved and maintained, and that anarchy be prevented. Therefore, the
establishment of government is still a necessity.
Reason also dictates that we establish a government in order to be able
to ward off aggression and to defend the honor of the Muslims in case of
attack. The sharī‘ah, for its part, instructs us to be constantly
ready to defend ourselves against those who wish to attack us.
Government, with its judicial and executive organs, is also necessary to
prevent individuals from encroaching on each other’s rights. None of
these purposes can be fulfilled by themselves; it is necessary for a
government to be established. Since the establishment of a government
and the administration of society necessitate, in turn, a budget and
taxation, the Sacred Legislator has specified the nature of the budget
and the taxes that are to be levied, such as kharāj, khums, zakāt,
and so forth.
Now that no particular individual has been appointed by God, Exalted
and Almighty, to assume the function of government in the time of
Occultation, what must be done? Are we to abandon Islam? Do we no longer
need it? Was Islam valid for only two hundred years? Or is it that Islam
has clarified our duties in other respects but not with respect to
government?
Not to have an Islamic government means leaving our boundaries
unguarded. Can we afford to sit nonchalantly on our hands while our
enemies do whatever they want? Even if we do put our signatures to what
they do as an endorsement, still are failing to make an effective
response. Is that the way it should be? Or is it rather that government
is necessary, and that the function of government that existed from the
beginning of Islam down to the time of the Twelfth Imām (‘a) is still
enjoined upon us by God after the Occultation even though He has
appointed no particular individuals to the function?
The two qualities of knowledge of the law and justice are present in
countless fuqahā of the present age. If they come together, they could
establish a government of universal justice in the world.
If a worthy individual possessing these two qualities arises and
establishes a government, he will posses the same authority as the Most
Noble Messenger (‘a) in the administration of society, and it will be
the duty of all people to obey him.
The idea that the governmental power of the Most Noble Messenger (s)
were greater than those of the Commander of the Faithful (‘a), or that
those of the Commander of the Faithful (‘a) were greater than those of
the faqīh, is false and erroneous. Naturally, the virtues of the Most
Noble Messenger (s) were greater than those of the rest of mankind, and
after him, the Commander of the Faithful was the most virtuous person in
the world. But superiority with respect to spiritual virtues does not
confer increased governmental powers. God has conferred upon government
in the present age the same powers and authority that were held by the
Most Noble Messenger and the Imāms (‘a), with respect to equipping and
mobilizing armies, appointing governors and officials, and levying taxes
and expending them for the welfare of the Muslims. Now, however, it is
no longer a question of a particular person; government devolves instead
upon one who possesses the qualities of knowledge and justice.
When we say that after the Occultation, the just faqīh has the same
authority that the Most Noble Messenger and the Imāms (‘a) had, do not
imagine that the status of the faqīh is identical to that of the Imāms
and the Prophet (‘a). For here we are not speaking of status, but rather
of function. By “authority” we mean government, the administration of
the country, and the implementation of the sacred laws of the
sharī‘ah. These constitute a serious, difficult duty but do not earn
anyone extraordinary status or raise him above the level of common
humanity. In other words, authority here has the meaning of government,
administration, and execution of law; contrary to what many people
believe, it is not a privilege, but a grave responsibility. The
governance of the faqīh is a rational and extrinsic[^14] matter; it
exists only as a type of appointment, like the appointment of a guardian
for a minor. With respect to duty and position, there is indeed no
difference between the guardian of a nation and the guardian of a minor.
It is as if the Imām were to appoint someone to the guardianship of a
minor, to the governorship of a province, or to some other post. In
cases like these, it is not reasonable that there would be a difference
between the Prophet and the Imāms (‘a), on the one hand, and the just
faqīh, on the other.
For example, one of the concerns that the faqīh must attend to is the
application of the penal provisions of Islam. Can there be any
distinction in this respect between the Most Noble Messenger (s), the
Imāms, and the faqīh? Will the faqīh inflict fewer lashes because
his rank is lower? Now, the penalty for the fornicator is one hundred
lashes. If the Prophet (s) applies the penalty, is he to inflict one
hundred fifty lashes, the Commander of the Faithful (‘a) one hundred,
and, the faqīh fifty? The ruler supervises the executive power and has
the duty of implementing God’s laws; it makes no difference if he is the
Most Noble Messenger (s), the Commander of the Faithful (‘a) or the
representative or judge he appointed to Basrah or Kūfah, or a faqīh in
the present age.
Another one of the concerns of the Most Noble Messenger (s) and the
Commander of the Faithful (‘a) was the levying of taxes—khums,
zakāt, jizyah and kharāj on taxable lands.[^15] Now when the
Prophet (s) levied zakāt, how much did he levy? One-tenth in one
place and one-twentieth elsewhere? And how did the Commander of the
Faithful (‘a) proceed when he became the ruler? And what now, if one of
us becomes the foremost faqīh of the age and is able to enforce his
authority? In these matters, can there be any difference in the
authority of the Most Noble Messenger (s), that of ‘Ali (‘a), and that
of the faqīh? God Almighty appointed the Prophet (s) in authority over
all the Muslims; as long as he was alive, his authority extended over
even ‘Ali (‘a). Afterwards, the Imām (‘a) had authority over all the
Muslims, even his own successor as Imām (‘a); his commands relating to
government were valid for everyone, and he could appoint and dismiss
judges and governors.
The authority that the Prophet and the Imām (‘a) had in establishing a
government, executing laws, and administering affairs, exists also for
the faqīh. But the fuqahā do not have absolute authority in the
sense of having authority over all other fuqahā of their own time,
being able to appoint or dismiss them. There is no hierarchy ranking one
faqīh higher than another or endowing one with more authority than
another.
Now that this much has been demonstrated, it is necessary that the
fuqahā proceed, collectively or individually, to establish a
government in order to implement the laws of Islam and protect its
territory. If this task falls within the capabilities of a single
person, he has personally incumbent upon him the duty to fulfill it;
otherwise, it is a duty that devolves upon the fuqahā as a whole. Even
if it is impossible to fulfill the task, the authority vested in the
fuqahā is not voided, because it has been vested in them by God. If
they can, they must collect taxes, such as zakāt, khums, and
kharāj, spend them for the welfare of the Muslims, and also enact the
penalties of the law. The fact that we are presently unable to establish
a complete and comprehensive form of government does not mean that we
should sit idle. Instead, we should perform, to whatever extent we can,
the tasks that are needed by the Muslims and that pertain to the
functions an Islamic government must assume.
To prove that government and authority belong to the Imām (‘a) is not
to imply that the Imām (‘a) has no spiritual status. The Imām (‘a) does
indeed possess certain spiritual dimensions that are unconnected with
their function as a ruler. The spiritual status of the Imām (‘a) is a
universal divine viceregency that is sometimes mentioned by the Imāms
(‘a). It is a viceregency pertaining to the whole of creation, by virtue
of which all the atoms in the universe humble themselves before the
holder of authority. It is one of the essential beliefs of our Shī‘i
school that no one can attain the spiritual status of the Imāms, not
even the cherubim or the prophets.[^16] In fact, according to the
traditions that have been handed down to us, the Most Noble Messenger
and the Imāms (‘a) existed before the creation of the world in the form
of lights situated beneath the divine throne; they were superior to
other men even in the sperm from which they grow and in their physical
composition.[^17] Their exalted station is limited only by the divine
will, as indicated by the saying of Jibrā’īl (‘a) recorded in the
traditions on the mi‘rāj: “Were I to draw closer by as much as the
breadth of a finger, surely I would burn.”[^18] The Prophet (s) himself
said: “We have states with God that are beyond the reach of the cherubim
and the prophets.”[^19] It is a part of our belief that the Imāms too
enjoy similar states, before the question of government even arises. For
example, Fātimah (‘a) also possessed these states, even though she was
not a ruler, a judge, or a governor.[^20] These states are quite
distinct from the function of government. So when we say that Fātimah
(‘a) was neither a judge nor a ruler, this does not mean that she was
like you and me, or that she has no spiritual superiority over us.
Similarly, if someone says, in accordance with the Qur’an, that “The
Prophet (s) has higher claims on the believers than their own selves”
(33:6), he has attributed to him something more exalted than his right
to govern the believers. We will not examine these matters further here,
for they belong to the area of another science.
To assume the function of government does not in itself carry any
particular merit or status; rather, it is a means for fulfilling the
duty of implementing the law and establishing the Islamic order of
justice. The Commander of the Faithful (‘a) said to Ibn ‘Abbās[^21]
concerning the nature of government and command: “How much is this shoe
worth?” Ibn ‘Abbās replied: “Nothing”. The Commander of Faithful (‘a)
then said: “Command over you is worth still less in my eyes, except for
this: by means of ruling and commanding you I may be able to establish
the right”—i.e., the laws and institutions of Islam—“and destroy the
wrong”[^22]—i.e., all impermissible and oppressive laws and
institutions.
Rule and command, then, are in themselves only a means, and if this
means is not employed for the good and for attaining noble aims, it has
no value in the eyes of the men of God. Thus the Commander of the
Faithful (‘a) says in his sermon in Nahj al- Balāghah: “Were it not
for the obligation imposed on me, forcing me to take up this task of
government, I would abandon it.”[^23] It is evident, then, that to
assume the function of government is to acquire a means, and not a
spiritual station, for if government were spiritual station, nobody
would be able to either usurp it or abandon it. Government and the
exercise of command acquire value only when they become the means for
implementing the law of Islam and establishing the just Islamic order;
then the person in charge of government may also earn some additional
virtue and merit.
Some people, whose eyes have been dazzled by the things of this world,
imagine that leadership and government represented in themselves dignity
and high station for the Imāms, so that if others come to exercise
power, the world will collapse. Now the Soviet ruler, the British Prime
Minister, and the American President all exercise power, and they are
all unbelievers. They are unbelievers, but they have political power and
influence, which they use to execute anti-human laws and policies for
the sake of their own interests.
It is the duty of the Imāms and the just fuqahā to use government
institutions to execute divine law, to establish the just Islamic
system, and serve mankind. Government in itself represents nothing but
pain and trouble for them, but what are they to do? They have been given
a duty, a mission to fulfill; the governance of the faqīh is nothing
but the performance of a duty.
When explaining why he assumed the tasks of government and rule, the
Commander of the Faithful (‘a) declared that he did so for the sake of
certain exalted aims, namely the establishment of justice and the
abolition of injustice. He said, in effect: “O God, You know that it is
not our purpose to acquire position and power, but rather to deliver the
oppressed from the hands of the unjust. What impelled me to accept the
task of command and rule over the people was this: God, Almighty and
Exalted, has exacted a pledge from the scholars of religion and assigned
the duty of not remaining silent in the face of the gluttony and
self-indulgence of the unjust and the oppressor on the one hand, and the
wasting hunger of the oppressed, on the other.”[^24] He also said: “O
God! You know well that the struggle we have waged has not been for the
sake of winning political power, nor for seeking worldly goods and
overflowing wealth.” He went directly on to explain the goal for the
sake of which he and his companions had been struggling and exerting
themselves: “Rather it was our aim to restore and implement the luminous
principles of Your religion and to reform the conduct of affairs in Your
land, so that Your downtrodden servants might gain security and Your
laws, which have remained unfulfilled and in abeyance, might be
established and executed.”[^25]
The ruler who, by means of the organs of government and the power of
command that are at his disposal, desires to attain the exalted aims of
Islam, the same aims set forth by the Commander of the Faithful (‘a),
must possess the essential qualities to which we have already referred;
that is, he must know the law and be just. The Commander of the Faithful
(‘a) mentions next the qualities essential in a ruler immediately after
he has specified the aims of government: “O God! I was the first person
that turned toward You by accepting Your religion as soon as I heard
your Messenger (s) declare it. No one preceded me in prayer except the
Messenger (s) himself. And you, O people! You know well that it is not
fitting that one who is greedy and parsimonious should attain rule and
authority over the honor, lives, and income of the Muslims, and the laws
and ordinances enforced among them, and also leadership of them.
“Furthermore, he should not be ignorant and unaware of the law, lest in
his ignorance he mislead the people. He must not be unjust and harsh,
causing the people to cease all traffic and dealing with him because of
his oppressiveness. Nor must he fear states, so that he seeks the
friendship of some and treats others with enmity. He must refrain from
accepting bribes when he sits in judgment, so that the rights of men are
trampled underfoot and the claimant does not receive his due. He must
not leave the practice of the Prophet (s) and law in abeyance, so that
the community falls into misguidance and peril.”[^26]
Notice how this discourse revolves around two points, knowledge and
justice, and how the Commander of the Faithful (‘a) regards them as
necessary qualities of the ruler. In the expression: “He should not be
ignorant and unaware of the law, lest in his ignorance he mislead the
people,” the emphasis is upon knowledge, while in the remaining
sentences the emphasis is upon justice, in its true sense. The true
sense of justice is that the ruler should conduct himself like the
Commander of the Faithful (‘a) in his dealings with other states, in his
relations and transactions with the people, in passing sentence and
giving judgment, and in distributing the public income. To put it
differently, the ruler should adhere to the program of rule that the
Commander of the Faithful (‘a) assigned to Mālik Ashtar[^27]—in reality,
to all rulers and governors, for it is something like a circular
addressed to all who exercise rule. If the fuqahā become rulers, they
too should consider it as their set of instructions.
Here is a narration totally without ambiguity. The Commander of the
Faithful (‘a) relates that the Most Noble Messenger (s) said: “O God!
Have mercy on those that succeed me.” He repeated this thrice and was
then asked: “O Messenger of God, who are those that succeed you?” He
replied: “They are those that come after me, transmit my traditions and
practice, and teach them to the people after me.”
Shaykh Sadūq[^28] (may God’s mercy be upon him) has related this
narration with five chains of transmission (actually four, since two of
them are similar in certain respects) in the following books:
Jamī‘al-Akhbār, ‘Uyūn Akhbār ar-Ridhā, and Al-Majālis.[^29]
Among the cases where this tradition has been designated as
musnad,[^30] in one instance we find the words “and teach them,” and
in other instances we find, “and teach them to the people.” Whenever the
tradition is designated as mursal,[^31] we find only the beginning of
the sentence, with the phrase “and teach them to the people after me”
completely omitted.
We can make either of two assumptions with respect to this tradition.
First, it is the only instance of the tradition, and the phrase
beginning “and teach them” either was later added to the end, or was
indeed a part of the tradition but was later omitted in certain
versions. The second alternative is more probable. For if the phrase
were added, we could not say that it was as the result of mistake or
error, given that the tradition was handed down by several chain of
transmission and the respective narrators lived at great distances from
each other—one in Balkh, another in Nishābūr, and still another
elsewhere. Nor is it possible that this phrase was deliberately added;
it is highly unlikely that it would have occurred to each of several
people living far apart from each other to add such a sentence to the
tradition. Therefore, if it is a single narration, we can assert with
certainly that either the phrase beginning, “and teach them” was omitted
from one of the versions recorded by Shaykh Sadūq (or overlooked by the
copyists who wrote down his work), or Shaykh Sadūq himself failed to
mention it for some other reason.
The second assumption would be that there are two separate traditions;
one without the phrase “and teach them…” and the other with it. If the
phrase is part of the tradition, it certainly does not apply to those
whose task is simply the narration of tradition and who are not
competent to express an independent juridical opinion or judgment. There
are certain scholars of tradition who do not understand hadīth at all;
as implied in the saying: ”Many a scholar of law falls short of being a
faqīh,” they are merely a vehicle for the recording, collecting and
writing down of traditions and narrations and for placing them at the
disposal of the people. It cannot be said of such scholars that they are
the successors of the Prophet, teaching the sciences of Islam.[^32]
Their efforts on behalf of Islam and the Muslims are of course most
valuable, and many scholars of tradition have indeed also been fuqahā,
competent to express an independent opinion; e.g., Kulayni,[^33] Shaykh
Sadūq,[^34] and his father (God’s mercy on all of them). These three
were fuqahā, and they taught the ordinances and sciences of Islam to
the people. When we say that Shaykh Sadūq differed from Shaykh
Mufīd,[^35] we do not mean that Shaykh Sadūq was unlearned in
fiqh,[^36] or that he was less learned than Shaykh Mufīd. Shaykh Sadūq
was, after all, the person who elucidated all the principles and
secondaries of religion in a single sitting. He differed from Shaykh
Mufīd and others like him in that they were mujtahids who brought
their own reasoning to bear on traditions and narrations, while Shaykh
Sadūq was a faqīh who did not have recourse to his own reasoning, or
did so only rarely.
The phrase we are discussing applies to those who expound the sciences
of Islam, who expound the ordinances of Islam, and who educate the
people in Islam, preparing them to instruct others in turn. In the same
way, the Most Noble Messenger (s), and the Imāms (‘a) proclaimed and
expounded the ordinances of Islam; they had teaching circles where they
gave the benefit of their learning to several thousand people, whose
duty it was, in turn, to teach others. That is the meaning implied in
the phrase “and teach the people…”: disseminating the knowledge of Islam
among the people and conveying to them the ordinances of Islam. If we
believe that Islam is for all the people in the world, it becomes
obvious to every rational mind that the Muslims, and particularly the
scholars among them, have the duty of disseminating knowledge of Islam
and its ordinances and acquainting the people of the world with them.
If we suppose that the phrase “and teach them to the people” does not
belong to the end of the hadīth, then we must see what the Prophet (s)
might have meant in his saying: “O God! Have mercy on those that succeed
me: those that come after me and transmit my traditions and practice.”
The tradition, even in this form, still would not apply to those who
merely relate traditions without being fuqahā. For the divine
practices and norms constituting the totality of the ordinances of Islam
are known as the practice of the Prophet (s) by virtue of the fact that
they were revealed to him. So anyone who wishes to disseminate the
practices of the Most Noble Messenger (s) must know all the ordinances
of God; he must be able to distinguish the authentic from the false,
those of absolute from those of limited application, and the general
from the specific. Further, he must be able to discern rational
categories, distinguish between traditions originating in circumstances
of taqiyyah[^37] and those originating otherwise, and be fully
conversant with all the necessary criteria that have been specified.
Traditionists who have not attained the level of ijtihād[^38] and who
merely transmit hadith know nothing about all this; hence, they are
incapable of discerning the true practice of the Messenger of God (s).
Mere transmission could have no value in the eyes of the Messenger, and
it was certainly not his desire that phrases like: “The Messenger of God
said,” or “It is related on the authority of the Messenger of God”
should gain currency among the people, if the sentences prefaced by
these phrases were counterfeited and not his. What he desired instead
was that his true practice should be disseminated among the people and
the real ordinances of Islam spread among them. The tradition: “Whoever
preserves for my people forty traditions will be resurrected by God as a
faqīh”[^39] and similar traditions praising the dissemination of
hadith do not pertain to traditionists who have no concept of the
nature of tradition. They pertain to those who are able to distinguish
the true narration of the Most Noble Messenger (s) in accordance with
the true ordinances of Islam. Such persons are none other than the
mujtahids and the fuqahā; they are the ones able to assess all
different aspects and implications of a ruling, and to deduce the true
ordinances of Islam on the basis of the criteria they have inherited
from the Imāms (‘a). They are the successors of the Most Noble Messenger
(s), disseminating the divine ordinances and instructing men in the
sciences of Islam. It is for them that the Prophet (s) prayed when he
said, “O God! Have mercy on my successors.”
There is no doubt, therefore, that the tradition: “O God! Have mercy on
my successors” does not relate to the transmitters of tradition who are
mere scribes; a scribe cannot be a successor to the Prophet (s). The
successors are the fuqahā of Islam. Dissemination of the ordinances of
Islam, as well as the teaching and instruction of the people, is the
duty of fuqahā who are just. For if they are not just, they will be
like those who forged traditions harmful to Islam, like Samūrah ibn
Jundab,[^40] who forged traditions hostile to the Commander of the
Faithful (‘a). And if they are not fuqahā, they cannot comprehend the
nature of fiqh and the ordinances of Islam, and they may disseminate
thousands of traditions in praise of kings that have been forged by the
agents of the oppressors and pseudo-scholars attached to royal courts.
It is easy to see what results they obtained on the basis of the two
weak traditions that they set up against the Qur’an, with its insistent
commands to rise up against kings and its injunctions to Moses to rebel
against the Pharaoh.[^41] Quite apart from the Glorious Qur’an, there
are numerous traditions exhorting men to struggle against tyrants and
those who pervert religion.[^42] Lazy people among us have laid these
aside and, relying on these two weak hadīths that may well have been
forged by court preachers, tell us we must make peace with kings and
give our allegiance to the court. If they were truly acquainted with
tradition and knowledgeable about religion, they would act instead in
accordance with the numerous traditions that denounce the oppressors. If
it happens that they are acquainted with tradition, then we must
conclude that, they do not have the quality of justice. For, not being
just and failing to eschew sin, they overlook the Qur’an and all the
narration that condemn the oppressor, and concentrate instead on those
two weak hadith. It is the appetites of their stomachs that cause them
to cling to them, not knowledge. Appetite and ambition make men
subservient to royal courts; true tradition does not.
In any event, the dissemination of the sciences of Islam and the
proclamation of its ordinances are the task of the just *fuqahā—*those
who are able to distinguish the true ordinances from the false, and the
traditions of the Imāms (‘a) arising in conditions of taqiyyah from
those originating otherwise. For we know that our Imāms were sometimes
subjected to conditions that prevented them from pronouncing a true
ordinance; they were exposed to tyrannical and oppressive rulers who
imposed taqiyyah and fear upon them. Naturally, their fear was for
religion not themselves, and if they had not observed taqiyyah in
certain circumstances, oppressive rulers would have entirely rooted out
true religion.
There cannot be the least doubt that the tradition we have been
discussing refers to the governance of the faqih, for to be a
successor means to succeed to all the functions of prophethood. In this
respect what is implied by the sentence: “O God! Have mercy on my
successors” is no less than what is implied by the sentence: “ ‘Ali is
my successor,” since the meaning of successorship is the same in both
cases. The phrase “who come after me and transmit my traditions” serves
to designate the successors, not to define succession, for succession
was a well-known concept in the first age of Islam and did not require
elucidation. Moreover, the person who asked the Prophet (s), whom he
meant by his successors was not enquiring after the meaning of
successorship; he was requesting the Prophet (s) to specify those whom
he meant, as he indeed did in his reply. It is remarkable that nobody
has taken the phrase: “ ‘Ali is my successor,” or “the Imāms are my
successors,” as referring to the simple task of issuing juridical
opinions; instead they derive the tasks of successorship and government
from them, whereas they hesitated to draw the same conclusion from the
words “my successors” in the tradition under consideration. This is
solely because they have imagined that succession to the position of the
Most Noble Messenger (s) has been limited or restricted to certain
people, and that since each of the Imāms was a successor, the religious
scholars cannot act as successors, rulers, and governors. The result is
that Islam must be without any leader to care for it, the ordinances of
Islam must be in abeyance, the frontiers of Islam must be at the mercy
of the enemies of religion, and various kinds of perversion that have
nothing to do with Islam are gaining currency.
Muhammad ibn Yahyā relates, on the authority of Ahmad ibn Muhammad, who
heard it from Ibn Mahbūb, who was informed of it by ‘Ali ibn Abi Hamzah,
that the Imām Abu ‘l-Hasan, son of Ja‘far,[^43] (‘a) said: “whenever a
believer dies, the angels weep, together with the ground where he
engaged in the worship of God and the gates of heaven that he would
enter by means of his good deeds. A crack will appear in the fortress of
Islam, that naught can repair, for believers who are fuqahā are the
fortresses of Islam, like the encircling walls that protect a
city.”[^44]
In the same chapter of Al-Kāfi, is another version of this
tradition, which reads: “Whenever a believer who is a faqih…” instead
of “Whenever a believer…” In contrast, at the beginning of the version
we have cited, the expression “who is a faqih” is missing. Later in
the second version, however, when the cause for the angels’ weeping is
adduced, the expression “believers who are fuqahā” does occur. This
makes it clear that the word faqih was omitted at the beginning of the
tradition, particularly since the concepts “fortress of Islam” and
“encircling walls” and the like are fully appropriate to the faqih.
The saying of the Imām (‘a) that “believers who are fuqaha are the
fortresses of Islam” actually ascribes to the fuqahā the duty of being
guardians of the beliefs, ordinances, and institutions of Islam. It is
clear that these words of the Imām (‘a) are not an expression of
ceremonial courtesy, like the words we sometimes exchange with each
other (I call you “Support of the Sharī‘ah,” and you bestow the same
title on me in return!). Nor do they have any similarity to the titles
we use in addressing a letter to someone: “His Noble Excellency, the
Proof of Islam.”
If a faqīh sits in the corner of his dwelling and does not intervene
in any of the affairs of society, neither preserving the laws of Islam
and disseminating its ordinances, nor in any way participating in the
affairs of the Muslims or having any care for them, can he be called
“the fortress of Islam” or the protector of Islam?
If the leader of a government tells an official or a commander, “Go and
guard such-and–such an area,” will the duty of guarding that he has
assumed permit him to go home and sleep, allowing the enemy to come and
ravage that area? Or should he, on the contrary, strive to protect that
area in whatever way he can?
Now if you say that we are preserving at least some of the ordinances
of Islam, let me ask you this question. Are you implementing the penal
law of Islam and the sanctions it provides? You will have to answer
no.
So a crack has appeared in the protective wall surrounding Islam,
despite your supposedly being its guardians.
Then I ask you: Are you guarding the frontiers of Islam and the
territorial integrity of the Islamic homeland? To this, your answer may
be: “No, our task is only to pray!”
This means that a piece of the wall has collapsed.
Now I ask you: Are you taking from the rich what they owe the poor and
passing it on to them? For that is your Islamic duty, to take from the
rich and give to the poor. Your answer may be, in effect: “No, this is
none of our concern! God willing, others will come and perform this
task.”
Then another part of the wall will have collapsed, and your situation
will be like that of Shāh Sultān Husayn waiting for the fall of
Isfahan.[^45]
What kind of fortress is this? Each of the corners is occupied by some
“pillar of Islam,” but all he can do is offer excuses when put to the
test. Is that what we mean by “fortress”?
The meaning of the statement of the Imām (‘a) that the fuqahā are the
fortresses of Islam is that they have a duty to protect Islam and that
they must do whatever is necessary to fulfill that duty. It is one of
the most important duties and, moreover, an absolute duty, not a
conditional one. It is an issue to which the fuqahā of Islam must pay
particular attention. The religious teaching institution must give due
thought to the matter and equip itself with the means and strength
necessary to protect Islam in the fullest possible sense, just as the
Most Noble Messenger (s) and the Imāms (‘a) were the guardians of Islam,
protecting its beliefs, ordinances and institutions in the most
comprehensive manner.
We have abandoned almost all aspects of our duty, restricting ourselves
to passing on, from one generation to the next; certain parts of Islamic
law and discussing them among ourselves. Many of the ordinances of Islam
have virtually become part of the occult sciences, and Islam itself has
become a stranger;[^46] only its name has survived.
All the penal provisions of Islam, which represent the best penal code
ever devised for humanity, have been completely forgotten; nothing but
their name has survived. As for the Qur’anic verses stipulating
penalties and sanctions, “Nothing remains of them but their
recitation.”[^47] For example, we recite the verse: “Administer to the
adulterer and the adulteress a hundred lashes each”(24:2), but we do not
know what to do when confronted with a case of adultery. We merely
recite the verse in order to improve the quality of our recitation and
to give each sound its full value. The actual situation prevailing in
our society, the present state of the Islamic community, the prevalence
of lewdness and corruption, the protection and support extended by our
governments to adultery—none of this concern us! It is enough that we
understand what penalties have been provided for the adulterer and
adulteress without attempting to secure their implementation or
otherwise struggling against the existence of adultery in our society!
I ask you, is that the way the Most Noble Messenger (s) conduct
himself? Did he content himself with reciting the Qur’an, then lay it
aside and neglect to ensure the implementation of its penal provisions?
Was it the practice of the successors of the Prophet (s) to entrust
matters to the people and tell them, “I have no further concern with
you”? Or, on the contrary, did they decree penalties for various classes
of offender—whippings, stonings, perpetual imprisonment, banishment?
Examine the sections of Islamic law relating to penal law and blood
money: you will see that all of these matters are part of Islam and part
of the reason for the coming of Islam. Islam came in order to establish
order in society; leadership[^48] and government are for the sake of
ordering the affairs of society.
It is our duty to preserve Islam. This duty is one of the most
important obligations incumbent upon us; it is more necessary even than
prayer and fasting. It is for the sake of fulfilling this duty that
blood must sometimes be shed. There is no blood more precious than that
of Imām Husayn (‘a), yet it was shed for the sake of Islam, because of
the precious nature of Islam. We must understand this matter well and
convey it to others. You can be the true successors to the Prophet (s)
as the guardians of Islam only if you teach Islam to the people; do not
say, “We will wait until the coming of the Imām of the Age (‘a).” Would
you consider postponing your prayer until the coming of the Imām? The
preservation of Islam is even more important than prayer. Do not follow
the logic of the governor of Khumayn[^49] who used to say, “We must
promote sin so that the Imām of the Age (‘a) will come. If sin does not
prevail, he will not manifest himself!”[^50] Do not sit here simply
debating among yourselves. Study all the ordinances of Islam and
propagate all aspects of the truth by writing and publishing pamphlets.
It cannot fail to have an effect, as my own experience testifies.
‘Ali relates, on the authority of his father, from an-Nawfali, who had
it from as-Sukūni, who was told it by Abu ‘Abdullāh (‘a), that the Most
Noble Messenger (s) said, “The fuqahā are the trustees of the prophets
(‘a), as long as they do not concern themselves with the illicit
desires, pleasures, and wealth of the world.” The Prophet (s) was then
asked: “O Messenger of God! How may we know if they do so concern
themselves?” He replied: “By seeing whether they follow the ruling
power. If they do that, fear for your religion and shun them.”[^51]
Examination of the whole of this hadith would involve us in a lengthy
discussion. We will speak only about the phrase: “The fuqahā are the
trustees of the prophets (‘a),” since it is what interests us here
because of its relevance to the topic of the governance of faqīh.
First, we must see what duties, powers, and functions the prophets (‘a)
had in order to discover what the duties of the fuqahā, the trustees
and successors of the prophets (‘a), are in turn.
In accordance with both wisdom and the essential nature of religion,
the purpose in sending the prophets (‘a) and the task of the prophets
(‘a) cannot be simply the delivery of judgments concerning a particular
problem or the expounding of the ordinances of religion. These judgments
and ordinances were not revealed to the Prophet (s) in order for him and
the Imāms (‘a) to convey them truthfully to the people as series of
divinely appointed muftis,[^52] and then to pass this trust on in turn
to the fuqahā, so that they might likewise convey them to the people
without any distortion. The meaning of the expression: “The fuqahā are
the trustees of the prophets (‘a)” is not that the fuqahā are the
trustees simply with respect to the giving of juridical opinions. For in
fact the most important function of the prophets (‘a) is the
establishment of a just social system through the implementation of laws
and ordinances (which is naturally accompanied by the exposition and
dissemination of the divine teachings and beliefs). This emerges clearly
from the following Qur’anic verse: “Verily We have sent Our messengers
with clear signs, and sent down with them the Book and the Balance, in
order that men might live in equity” (57:25). The general purpose for
the sending of prophets (‘a), then, is so that men’s lives may be
ordered and arranged on the basis of just social relations and true
humanity may be established among men. This is possible only by
establishing government and implementing laws, whether this is
accomplished by the prophet himself, as was the case with the Most Noble
Messenger (s), or by the followers who come after him.
God Almighty says concerning the khums: “Know that of whatever booty
you capture, a fifth belongs to God and His Messenger and to your
kinsmen”(8:41). Concerning zak āt He says: “Levy a tax on
their property”(9:103). There are also other divine commands concerning
other forms of taxation. Now the Most Noble Messenger (s) had the duty
not only of expounding these ordinances, but also of implementing them;
just as he was to proclaim them to the people, he was also to put them
into practice. He was to levy taxes, such as khums, zakāt and
kharāj, and spend the resulting income for the benefit of the Muslims;
establish justice among peoples and among the members of the community;
implement the laws and protect the frontiers and independence of the
country; and prevent anyone from misusing or embezzling the finances of
the Islamic state.
Now God Almighty appointed the Most Noble Messenger (s) head of the
community and made it a duty for men to obey him: “Obey God and obey the
Messenger and the holders of authority from among you” (4:59). The
purpose for this was not so that we would accept and conform to whatever
judgment the Prophet (s) delivered. Conformity to the ordinances of
religion is obedience to God; all activities that are conducted in
accordance with divine ordinances, whether or not they are ritual
functions, are a form of obedience to God. Following the Most Noble
Messenger (s), then, is not conforming to divine ordinances; it is
something else. Of course, obeying the Most Noble Messenger (s) is, in a
certain sense, obeying God; we obey the Prophet (s) because God has
commanded us to do so. But if, for example, the Prophet (s), in his
capacity as leader and guide of Islamic society, orders everybody to
join the army of Usāmah,[^53] so that no one has the right to hold back,
it is the command of the Prophet (s), not the command of God. God has
entrusted to him the task of government and command, and accordingly, in
conformity with the interests of the Muslims, he arranges for the
equipping and mobilization of the army, and appoints or dismisses
governors and judges.
This being the case, the principle: “The fuqahā are the trustees of
the prophets (‘a)” means that all of the tasks entrusted to the prophets
(‘a) must also be fulfilled by the just fuqahā as a matter of duty.
Justice, it is true; is a more comprehensive concept than
trustworthiness and it is possible that someone may be trustworthy with
respect to financial affairs, but not just in a more general sense.[^54]
However, those designated in the principle: “The fuqahā are the
trustees of the prophets (‘a)” are those who do not fail to observe any
ordinances of the law, and who are pure and unsullied, as is implied by
the conditional statement: “as long as they do not concern themselves
with the illicit desires, pleasures, and wealth of this world”---that
is, as long as they do not sink into the morass of worldly ambition. If
a faqīh has as his aim the accumulation of worldly wealth, he is
longer just and cannot be the trustee of the Most Noble Messenger (‘a)
and the executor of the ordinances of Islam. It is only the just
fuqahā who may correctly implement the ordinances of Islam and firmly
establish its institutions, executing the penal provisions of Islamic
law and preserving the boundaries and territorial integrity of the
Islamic homeland. In short, implementation of all laws relating to
government devolves upon the fuqahā: the collection of khums,
zakāt, sadaqah, jizyah, and kharāj and the expenditure of the
money thus collected in accordance with the public interest; the
implementation of the penal provisions of the law and the enactment of
retribution (which must take place under the direct supervision of the
ruler, failing which the next-of-kin of the murdered person has no
authority to act); the guarding of the frontiers; and the securing of
public order.
Just as the Most Noble Messenger (s) was entrusted with the
implementation of divine ordinances and the establishment of the
institutions of Islam, and just as God Almighty set him up over the
Muslims as their leader and ruler, making obedience to him obligatory,
so, too, the just fuqahā must be leaders and rulers, implementing
divine ordinances and establishing the institutions of Islam.
Since Islamic government is a government of law, those acquainted with
the law, or more precisely, with religion—i.e., the fuqahā—must
supervise its functioning. It is they who supervise all executive and
administrative affairs of the country, together with all planning.
The fuqahā are the trustees who implement the divine ordinances in
levying taxes, guarding the frontiers, and executing the penal
provisions of the law. They must not allow the laws of Islam to remain
in abeyance, or their operation to be effected by either defect or
excess. If a faqīh wishes to punish an adulterer, he must give him one
hundred lashes in the presence of the people, in the exact manner that
has been specified. He does not have the right to inflict one additional
lash, to curse the offender, to slap him, or to imprison him for a
single day. Similarly, when it comes to the levying of taxes, he must
act in accordance with the criteria and the laws of Islam; he does not
have the right to tax even a shāhi[^55] in excess of what the law
provides. He must not let disorder enter the affairs of the public
treasury or even so much as a shāhi be lost. If a faqīh acts in
contradiction to the criteria of Islam (God forbid!), then he will
automatically be dismissed from his post, since he will have forfeited
his quality of trustee.
Law is actually the ruler; the security for all is guaranteed by law,
and law is their refuge. Muslims and the people in general are free
within the limits laid down by the law; when they are acting in
accordance with the provisions of the law, no one has the right to tell
them, “Sit here,” or “Go there.” An Islamic government does not resemble
states where the people are deprived of all security and everyone sits
at home trembling for fear of a sudden raid or attack by the agents of
the state. It was that way under Mu‘āwiyah[^56] and similar rulers:
people had no security, and they were killed or banished, or imprisoned
for lengthy periods, on the strength of an accusation or a mere
suspicion, because the government was not Islamic. When an Islamic
government is established, all will live with complete security under
the protection of the law, and no ruler will have the right to take any
step contrary to the provisions and laws of the immaculate sharī‘ah.
The meaning of “trustee,” then, is that the fuqahā execute as a trust
all the affairs for which Islam has legislated—not that they simply
offer legal judgments on given questions. Was that the function of the
Imām (‘a)? Did he merely expound the law? Was it the function of the
prophets (‘a) from whom the fuqahā have inherited it as a trust? To
offer judgment on a question of law or to expound the laws in general
is, of course, one of the dimensions of fiqh. But Islam regards law as
a tool, not as an end in itself. Law is a tool and an instrument for the
establishment of justice in society, a means for man’s intellectual and
moral reform and his purification. Law exists to be implemented for the
sake of establishing a just society that will morally and spiritually
nourish refined human beings. The most significant duty of the prophets
(‘a) was the implementation of divine ordinances, and this necessarily
involved supervision and rule.
There is a tradition of Imām Ridā (‘a) in which he says approximately
the following: “An upright, protecting, and trustworthy imām is
necessary for the community in order to preserve it from decline,” and
then reasserts that the fuqahā are the trustees of the prophets (‘a).
Combining the two halves of the tradition, we reach the conclusion that
the fuqahā must be the leaders of the people in order to prevent Islam
from falling into decline and its ordinances from falling into
abeyance.
Indeed it is precisely because the just fuqahā have not had executive
power in the lands inhabited by Muslims and their governance has not
been established that Islam has declined and its ordinances have fallen
into abeyance. The words of Imām Ridā have fulfilled themselves;
experience has demonstrated their truth.
Has Islam not declined? Have the laws of Islam not fallen into disused
in the Islamic countries? The penal provisions of the law are not
implemented; the ordinances of Islam are not enforced; the institutions
of Islam have disappeared; chaos, anarchy, and confusion prevail—does
not all this mean that Islam has declined? Is Islam simply something to
be written down in books like al-Kāfi[^57] and then laid aside? If
the ordinances of Islam are not applied and the penal provisions of the
law are not implemented in the external world—so that the thief, the
plunderer, the oppressor, and the embezzler all go unpunished while we
content ourselves with preserving the books of law, kissing them and
laying them aside (even treating the Qur’an this way), and reciting
Yā-Sin on Thursday nights[^58]—can say that Islam has been
preserved?
Since many of us did not really believe that Islamic society must be
administered and ordered by an Islamic government matters have now
reached such a state that in the Muslim countries, not only does the
Islamic order not obtain, with corrupt and oppressive laws being
implemented instead of the laws of Islam, but the provisions of Islam
appear archaic even to the ‘ulamā. So when the subject is raised, they
say that the tradition: “The fuqahā are trustees of the prophets”
refers only to the issuing of juridical opinions. Ignoring the verses of
the Qur’an, they distort in the same way all the numerous traditions
that the scholars of Islam are to exercise rule during the Occultation.
But can trusteeship be in this manner? Is the trustee not obliged to
prevent the ordinances of Islam from falling into abeyance and criminals
from going unpunished? To prevent the revenue and income of the country
from being squandered, embezzled or misdirected?
It is obvious that all of these tasks require the existence of
trustees, and that it is the duty of the fuqahā to assume the trust
bequeathed to them, to fulfill it in a just and trustworthy manner.
The Commander of the Faithful (‘a) said to Shurayh[^59]: “The seat [of
judge] you are occupying is filled by someone who is a prophet (‘a), the
legatee of a prophet, or else a sinful wretch.”[^60] Now since Shurayh
was neither a prophet nor the legatee of a prophet, it follows that he
was a sinful wretch occupying the position of judge. Shurayh was a
person who occupied the position of judge in Kūfah for about fifty or
sixty years. Closely associated with the party of Mu‘āwiyah, Shurayh
spoke and issued fatwās[^61] in a sense favorable to him, and he ended
up rising in revolt against the Islamic state. The Commander of the
Faithful (‘a) was unable to dismiss Shurayh during his rule, because
certain powerful figures protected him on the grounds that Abu Bakr and
‘Umar had appointed him and that their action was not to be
controverted. Shurayh was thus imposed upon the Commander of the
Faithful (‘a), who did, however, succeed in ensuring that he abided by
the law in his judgment.
It is clear from the foregoing tradition that the position of judgment
may be exercised only by a prophet (‘a) or by the legatee of a prophet.
No one would dispute the fact that the function of judge belongs to the
just fuqahā, in accordance with their appointment by the Imāms (‘a).
This unanimity contrasts with the questions of the governance of the
faqīh: some scholars, such as Narāqi,[^62] or among more recent
figures, Nā’ini,[^63] regard all of the extrinsic functions and tasks of
the Imāms (‘a) as devolving upon the faqih, while other scholars do
not. But there can be no doubt that the function of judging belongs to
the just fuqahā; this is virtually self-evident.
Considering the fact that the fuqahā do not have the rank of
prophethood, and they are indubitably not “wretched sinners,” we
conclude that, in the light of the tradition quoted above, they must be
the legatees or successors of the Most Noble Messenger (s). Since,
however, the expression “legatee of a prophet” is generally assumed to
refer to his immediate successors, this tradition and others similar to
it are only rarely cited as evidence for the successorship of the
fuqahā. The concept “legatee of a prophet” is a broad one, however,
and includes the fuqahā. The immediate legatee of the Most Noble
Messenger (s) was of course the Commander of the Faithful (‘a), who was
followed by the other Imāms (‘a), and the affairs of the people were
entrusted to them. But no one should imagine that the function of
governing or sitting in judgment was a form of privilege for the Imāms.
Rule was entrusted to them only because they were best able to establish
a just government and implement social justice among the people. The
spiritual stations of the Imāms, which far transcend human
comprehension, had no connection with their naming and appointing
officials. If the Most Noble Messenger (s) had not appointed the
Commander of the Faithful to be his successor, he would still have
possessed the same sublime spiritual qualities. It is not that the
exercise and function of government bestow spiritual rank and privilege
on a man; on the contrary, spiritual rank and privilege qualify a man
for the assumption of government and social responsibilities.
In any event, we deduce from the tradition quoted above that the
fuqahā are the legatees, at one remove, of the Most Noble Messenger
(s) and that all the tasks he entrusted to the Imāms (‘a) are also
incumbent on the fuqahā; all the tasks that Messenger (s) performed,
they too must perform, just as the Commander of the Faithful (‘a) did.
There is another tradition that may serve as proof or support for our
thesis, one that is, indeed, preferable with respect to both its chain
of transmission and its meaning. One chain of transmission for it, that
passing through Kulayni, is weak, but the other, mentioned by Sadūq and
passing through Sulaymān ibn Khālid[^64] is authentic and reliable. This
is the text of the tradition. Imām Ja‘far as-Sādiq[^65] (‘a) said:
“Refrain from judging, because judging is reserved for an imām who is
knowledgeable of the law and legal procedures and who behaves justly
toward all the Muslims; it is reserved for a prophet (‘a) or the legatee
of a prophet.”
Notice that the person who wishes to sit in judgment must, first of
all, be an imām. What is meant here by imām is the common lexical
meaning of the word, “leader” or “guide,” not its specific technical
sense. In this context the Prophet (s) himself counts as an imām. If
the technical meaning of imām[^66] were intended, the specification of
the attributes of justice and knowledge in the tradition would be
superfluous. Second, the person who wishes to exercise the function of a
judge must possess the necessary knowledge. If he is an imām, but
unlearned in matters of law and juridical procedure, he does not have
the right to be a judge. Third, he must be just. The position of judge,
then, is reserved for those who posses these three qualifications—being
a leader, and being knowledgeable and just. The tradition proceeds to
clarify that these three qualifications can be found only in a prophet
(‘a) or the trustee of a prophet.
I stated earlier that the function of judge belongs exclusively to the
just faqīh; this is a fundamental aspect of fiqh, which is not a
matter of dispute. Let us now see whether the three-fold qualifications
for exercising the function of judge are present in the faqīh.
Obviously we are concerned here only with the just faqīh, not with any
faqīh. The faqīh is, by definition, learned in matters pertaining to
the function of judge, since the term faqīh is applied to one who is
learned not only in the laws and judicial procedure of Islam, but also
in the doctrines, institutions, and ethics of the faith—the faqīh is,
in short, a religious expert in the full sense of the word. If, in
addition, the faqīh is just, he will be found to have two of the
necessary qualifications. The third qualification is that he should be
an imām, in the sense of leader. Now we have already stated that the
just faqīh occupies a position of guidance and leadership with respect
to judging, in accordance with his appointment by the Imām (‘a).
Further, the Imām has specified that the three necessary qualifications
are not to be found in anyone except a prophet (‘a) or the legatee of a
prophet. Since the fuqahā are not prophets (‘a) they must be legatees
or successors of the prophets (‘a). Therefore, we come to the conclusion
that the faqīh is the legatee of the Most Noble Messenger (s), and in
addition, during the Occultation of the Imām (‘a), he is the leader of
the Muslims and the chief of the community. He alone may exercise the
function of judge and no one else has the right to occupy the position
of judgeship.
To whom should we recourse in social circumstances?
The third tradition relates to a signed decree of the Imām from which
certain conclusions may be deduced, as I propose to do.
It is related in the bookIkmāl ad-DīnwaItmām an-Ni‘mah[^67] that
Ishāq ibn Ya‘qūb wrote a letter to the Imām of the Age[^68] (may God
hasten his renewed manifestation) asking him for guidance in certain
problems that had arisen, and Muhammad ibn ‘Uthmān al-‘Umari,[^69] the
deputy of the Imām (‘a), conveyed the letter to him. A response was
issued, written in the blessed hand of the Imam (‘a), saying: “In case
of newly occurring social circumstances, you should turn for guidance to
those who relate our traditions, for they are my proof to you, as I am
God’s proof.”
What is meant here by the phrase “newly occurring social circumstances”
(hawādith-i wāqi‘ah) is not legal cases and ordinances. The writer of
the letter did not wish to ask what was to be done in the case of legal
issues that were without precedent. For the answer to that question
would have been self-evident according to the Shī‘i school, and
unanimously accepted traditions specify that one should have recourse to
the fuqahā in such cases. Indeed people had recourse to the fuqahā
and made enquiries of them even during the lifetime of the Imāms (‘a). A
person living in the time of the Lesser Occultation and in communication
with the four deputies of the Imam (‘a), who wrote a letter to him and
received an answer, must have known whom to refer to for the solution of
legal cases. What is meant by hawādith-i wāqi‘ah is rather the
newly arising situations and problems that affect the people and the
Muslims. The question Ishāq ibn Ya‘qūb was implicitly posing was this:
“Now that we no longer have access to you, what should we do with
respect to social problems? What is our duty?” Or, he may have mentioned
certain specific events and then asked: “To whom should we have recourse
for guidance in these matters?” But it seems that his question was
general in intent and that the Imām (‘a) responded in correspondingly
general fashion, saying, “With respect to such occurrences and problems,
you should refer to those who narrate our traditions, i.e., the
fuqahā. They are my proofs to you, and I am God’s proof to you.”
What is the meaning of “God’s proof”?[^70] What do you understand by
this term? Can a single tradition count as a proof? If Zurārah[^71]
related a tradition, would that make him a proof? Is the Imām of the Age
(‘a) comparable in authority to Zurārah, whom we follow in the sense
that we act upon a tradition of the Most Noble Messenger (s) that
Zurārah has narrated? When it is said that the holder of authority is
the proof of God, does it mean that he is a “proof” purely with respect
to details of the law, with the duty of giving legal opinions? The Most
Noble Messenger (s) said: “I am now departing, and the Commander of the
Faithful (‘a) will be my proof to you.” Do you deduce from this that
after the Prophet (s) departed all tasks came to an end except
delivering legal opinions, and that this was all that was left for the
Commander of the Faithful (‘a)? Or on the contrary, does the term “proof
of God” mean that just as the Most Noble Messenger (s) was the proof and
authoritative guide of all the people, just as God had appointed him to
guide people in matters, so too the fuqahā are responsible for all
affairs and are the authoritative guides of the people?
A “proof of God” is one whom God has designated to conduct affairs; all
his deeds, actions, and sayings constitute a proof for the Muslims. If
some one commits an offense, reference will be to the “proof” for
adducing evidence and formulating the charge. If the “proof” commands
you to perform a certain act, to implement the penal provisions of the
law in a certain way, or to spend the income derived from booty,
zakāt, and sadaqah[^72] in a certain manner, and you fail to obey
him in any of these respects, then God Almighty will advance a “proof”
against you on the Day of Judgment. If, despite the existence of the
“proof,” you turn to oppressive authorities for the solution of your
affairs, again God Almighty will refer to the “proof” as an argument
against you on the Day of Judgment, saying: “I established a proof for
you; why did you turn instead to the oppressors and the judicial system
of the wrongdoers?” Similarly, God designates the Commander of the
Faithful (‘a) as a “proof” against those who disobeyed him and followed
false paths. Again, against those who assumed the caliphate, against
Mu‘āwiyah and the Umayyad caliphs, against the Abbasid caliphs, and
those who acted in accordance with their desires, a proof and argument
is established: “Why did you illicitly assume rule over the Muslims? Why
did you usurp the caliphate and government, despite your
unworthiness?”
God calls to account all oppressive rulers and all governments that act
contrary to the criteria of Islam, asking them: “Why did you commit
oppression? Why did you squander the property of the Muslims? Why did
you organize millenary celebrations?[^73] Why did you spend the wealth
of the people on the coronation[^74] and the abominable festivities that
accompanied it?” If one of them should reply: “Given the circumstances
of the day, I was unable to act justly, or to relinquish my pretentious,
luxurious palaces; I had myself crowned to draw attention to my country
and the degree of progress we had achieved,” he will then be answered:
“The Commander of the Faithful (‘a) was also a ruler; he ruled over all
the Muslims and the whole of the broad Islamic realm. Were you more
zealous than he in promoting the glory of Islam, the Muslims and the
lands of Islam? Was your realm more extensive than his? The country over
which you ruled was but a part of his realm; Iraq, Egypt and the Hijāz
all belonged to his realm, as well as Iran. Despite this, his seat of
command was the mosque: the bench of the judge was situated in one
corner of the mosque, while in another, the army would prepare to set
out for battle. That army was composed of people who offered their
prayers regularly, were firm believers in Islam; you know well how
swiftly it advanced and what results it obtained!”
Today, the fuqahā of Islam are proof to the people. Just as the Most
Noble Messenger (‘a) was the proof of God---the conduct of all affairs
was entrusted to him so that whoever disobeyed him had a proof advanced
against him---so, too, the fuqahā are the proof of the Imām (‘a) to
the people. All the affairs of the Muslims have been entrusted to them.
God will advance a proof and argument against anyone who disobeys them
in anything concerning government, the conduct of Muslim affairs, or the
gathering and expenditure of public funds.
There can be no doubt concerning the meaning of the tradition we have
quoted, although it is possible to have certain reservations about its
chain transmission. Nonetheless, even if one does regard the tradition
as being in its own right, a proof of the thesis we have advanced, it
serves to support the other proofs we have mentioned.
Another tradition that supports our thesis is the maqbūlah[^75] of
‘Umar ibn Hanzalah. Since this narration refers to a certain verse of
the Qur’an, we must first discuss the verse in question as well as the
verses that precede it in order to elucidate its meaning, before we go
on to examine the tradition.
Verily God commands you to return trusts to their owners, and to act
with justice when you rule among men. Verily, God counsels you thus, and
God is all hearing, all seeing. O you who believe, obey God and obey the
Messenger and the holders of authority from among you [i.e., those
entrusted with leadership and government]. When you dispute with each
other concerning a thing, refer it to God and His Messenger; if you
believe in God and the Last Day, this will be best for you and the
result, most beneficial. (4: 58-59)
In these verses, God commands us to return trusts to their owners. Some
people believe that what is meant here by “trusts” is twofold: trust
pertaining to men (i.e., their property), and those pertaining to the
Creator (i.e., the ordinances of the sharī‘ah).[^76] The sense of
returning the divine trust would then be implementing the ordinances of
Islam correctly and completely. Another group of exegetes believes
instead that what is intended by “trust” is the imamate.[^77] There is
indeed a tradition that specifies: “We [the Imāms (‘a)] are those
addressed in this verse,” for God Almighty commands the Most Noble
Messenger (s) and the Imāms to entrust governance and leadership to
their rightful possessors. Thus the Most Noble Messenger (s) entrusted
governance to the Commander of the Faithful (‘a), who entrusted it to
his successor, and each of his successors among the Imāms (‘a) handed it
on in turn.
The verse goes on to say: “and to act with justice when you rule among
men.” Those addressed here are the person who holdthe reins of affairs
in their hands and conduct the business of government—not judges, for
the judge exercises only a juridical function, not a governmental one.
The judge is a ruler only in a limited sense; the decrees that he issues
are exclusively judicial, not executive. Indeed, in forms of government
that have emerged in recent centuries, the judges represent one of the
three branches of power, the other two being the executive (consisting
of the council of ministers) and the legislative or planning body (the
assembly or parliament). More generally, the judiciary is one of the
branches of government and it fulfills one of the tasks of government.
We must therefore conclude that the phrase “when you rule among men”
relates to all the affairs of government, and includes both judges and
those belonging to the other branches of power.
Now it has been established that since all the concerns of religion
constitute a divine trust; a trust that must be vested in its rightful
possessors a part of the trust must inevitably be government. Thus, in
accordance with this verse, the conduct of all governmental affairs must
be based on the criteria of justice, or to put it differently, on the
law of Islam and the ordinances of the sharī‘ah. The judge may not
issue an incorrect verdict—i.e., one based on some illegitimate,
non-Islamic code—nor may the judicial procedure he follows or the law on
which he bases his verdict be non-Islamic and therefore invalid. For
example, when those engaged in planning the affairs of the country draw
up a fiscal program for the nation, they must not impose unjust taxes on
peasants working on publicly owned lands, reducing them to wretchedness
and destroying the land and agriculture as a whole through the burden of
excessive taxation. If the executive branch of government wishes to
implement the juridical ordinances of the law and its penal provisions,
they must not go beyond the limits of the law by inflicting extra lashes
upon the offender or abusing him.
After the Commander of the Faithful (‘a) had cut off the hands of two
thieves, he showed such love and concern in treating them and attending
to their needs that they became his enthusiastic supporters. On another
occasion, he heard that the plundering army of Mu‘āwiyah had stolen an
anklet from the foot of a dhimmi[^78] woman. He became so distraught
and his sensibilities were so offended that he said in a speech: “If a
person were to die in circumstances such as mine, no one would reproach
him.” But despite all this sensitivity, the Commander of the Faithful
(‘a) was a man who would draw his sword when it was necessary—to destroy
the workers of corruption—with all the strength he could muster. This is
the true meaning of justice.
The Most Noble Messenger (s) is the foremost example of the just ruler.
When he gave orders for the conquest of a certain area, the burning of a
certain place, or the destruction of a certain group whose existence was
harmful for Islam, the Muslims, and mankind in general, his orders were
just. If he had not given orders such as these, it would have meant
neglecting the welfare of Islam, the Muslims, and human society.
Anyone who rules over the Muslims, or over human society in general,
must always take into consideration, the public welfare and interest,
and ignore personal feelings and interests. For this reason, Islam is
prepared to subordinate individuals to the collective interest of
society and has rooted out numerous groups that were a source of
corruption and harm to human society.
Since the Jews of Bani Qurayza were a troublesome group, causing
corruption in Muslim society and damaging Islam and the Islamic state,
the Most Noble Messenger (‘a) eliminated them.[^79]
Indeed, there are two essential qualities in a believer: he executes
justice whenever necessary, with the utmost force and decisiveness and
without exhibiting the least trace of feeling; and he displays the
utmost love and solicitude whenever they are called for. In these two
ways, the believer comes to serve as a refuge for society. Society, with
both Muslim and non-Muslim members, will achieve security and
tranquility as the result of government exercised by believers, and
everybody will live in ease and without fear. The fact that men in our
age live in fear of their rulers is because existing governments are not
based on law; they are a form of banditry. But in the case of a
government headed by someone like the Commander of the Faithful (‘a),
that is, in the case of an Islamic government, only the traitors and
oppressors—those who transgress and encroach on the rights of their
fellows—suffer fear; for the public at large, fear and anxiety are
nonexistent.
In the second of the two verses we have quoted, God Almighty says: “O
you who believe, obey God and obey the Messenger and the holders of
authority among you” (4:59).
According to a certain tradition, the beginning of the first verse
(“return trusts to their owners”) is addressed to the Imāms (‘a), the
next part of that verse, concerning rule with justice, is addressed to
those who exercise command, and the second verse (“O you who believe…”)
is addressed to the entire Muslim people. God commands them to obey Him
by following his divine ordinances, and to obey His Most Noble Messenger
(s) as well as the holders of authority (i.e., the Imāms) by adhering to
their teachings and following their governmental decrees.
I have already said that obedience to the commands of God Almighty is
different from obedience to the Most Noble Messenger (s). All the
ordinances of divine law, whether or not they relate to worship, are the
commands of God and to implement them is to obey God. The Most Noble
Messenger (s) did not issue any commands concerning prayer, and if he
urged men to pray, it was by way of confirming and implementing God’s
command. When we pray, we too are obeying God; obeying the Messenger is
different from obeying God.
The commands of the Most Noble Messenger (s) are those that he himself
issued in the course of exercising his governmental function, as when,
for example, he commanded the Muslims to follow the army of Usāmah,[^80]
to protect the frontiers of the Islamic state in certain way, to levy
taxes on certain categories of people, and in general to interact with
people in certain prescribed ways. All of these were commands of the
Prophet (s). God has laid upon us the duty of obeying the Messenger (s).
It is also our duty to follow and obey the holders of authority, who,
according to our beliefs, are the Imāms (‘a). Of course, obedience to
their governmental decrees is also a form of obedience to God. Since God
Almighty has commanded us to follow the Messenger (s) and the holders of
authority, our obeying them is actually an expression of obedience to
God.
The verse we have cited continues: “When you dispute with each other
concerning a thing, refer it to God and His Messenger.” Disputes that
arise among people are of two kinds. First, there is the dispute arising
between two groups or two individuals concerning a particular matter or
claim. For example, someone may claim that there is a debt owed him,
while the order party denies it; the truth of the matter must then be
established, in accordance either with the sharī‘ah or with customary
law.[^81] In such cases one must turn to judges, who will examine the
matter and deliver an appropriate verdict. The first kind of dispute
then, is a civil one.
The second kind of dispute does not concern a disagreement of this
type, but relates to oppression and crime. If a robber takes someone’s
property by force, for example, or makes illicit use of people’s
property, or if a burglar inters someone’s house and carries off his
property, the competent authority to whom one should have recourse is
not the judge but the public prosecutor. In such matters as this, which
relates to penal not civil law (apart from some cases, which are
simultaneously civil and penal), it is primarily the public prosecutor
who is the guardian of the law and its ordinances and the protector of
society. He begins his task by issuing an indictment, and then the judge
examines the matter and delivers a verdict. The verdicts issued, whether
civil or penal in nature, are put into effect by another branch of
power, the executive.
The Qur’an says, then, in effect: “Whenever a dispute arises among you
concerning any matter, your point of reference must be God and His
ordinances and the Messenger (s), the executor of those ordinances. The
Messenger (s) must receive the ordinances from God and implement them.
If any dispute arises among you concerning a debt or loan, the Messenger
(s) will intervene in his capacity as judge and deliver a verdict. If
other disputes arise involving unlawful coercion or the usurpation of
rights, again it is to the Prophet (s) that you should have recourse.
Since he is the head of the Islamic state, he is obliged to enact
justice. He must dispatch an official whose duty is to recover the
usurped right and restore it to its owner. Further, in any matter where
people had recourse to the Messenger, recourse must be to the Imāms, and
obedience to the Imāms is, in effect, obedience to the Most Noble
Messenger (s).”
In short, both of these verses with all their components embrace
government in general, as well as judgehood; they are not restricted in
any way to the function of judging, quiet aside from the consideration
that certain verses of the Qur’an explicitly relate to government in the
sense of the executive.
In the next verse, God says: “Have you not looked at those who claim to
believe in what was revealed to you and what was revealed before you?
They wish to seek justice from tāghūt [illegitimate powers], even
though they have been commanded to disbelieve in therein” (4:60). Even
if we do not interpret tāghūt as oppressive governments and all
illicit forms of power that have revolted against divine government in
order to establish monarchy or some other form of rule, we must still
interpret it as including both judges and rulers. For customarily, one
has recourse to the judicial authorities to initiate legal proceedings
and obtain redress and the punishment of the offender, but then, the
juridical verdict that they reach must be implemented by the executive
power, which usually forms a separate branch of the government.
Tyrannical governments—including the judiciary, the executives, and all
other components of the state—comprise what is meant by tāghūt, for
they have rebelled against divine command by instituting evil laws,
implementing them, and then making them the basis of judicial practice.
God has commanded us to disbelieve in them; that is, to revolt against
them and their commands and ordinances. All who wish to disbelieve, in
this sense, in the tāghūt —that is, to rise up in disobedience against
illegitimate ruling powers —have a formidable duty that they must strive
to fulfill as far as they are able.
Now let us examine the tradition known as the maqbūlah of ‘Umar ibn
Hanzalah to establish its meaning and intent. ‘Umar ibn Hanzalah says:
“I asked Imām as-Sādiq (‘a) whether it was permissible for two of the
Shī‘ah who had a disagreement concerning a dept or a legacy to seek the
verdict of the ruler or judge. He replied: ‘Any one who has recourse to
the ruler or judge, whether his case be just or unjust, has in reality
had recourse to tāghūt [i.e. the illegitimate ruling power]. Whatever
he obtains as result of their verdict, he will have obtained by
forbidden means, even if he has a proven right to it, for he will have
obtained it through the verdict and judgment of the tāghūt, that power
which God Almighty has commanded him to disbelieve in.’” (“They wish to
seek justice from illegitimate powers, even though they have been
commanded to disbelieve therein” [4:60].)
‘Umar ibn Hanzalah then asked: “What should these two Shī‘ah do then,
under such circumstances?” Imām as-Sādiq (‘a) answered: “They must seek
out one of you who narrates our tradition, who is versed in what is
permissible and what is forbidden, who is well acquainted with our laws
and ordinances, and accept him as judge and arbiter, for I appoint him
as judge over you.”[^82]
As both the beginning and the conclusion of this tradition make clear,
and also the reference made by the Imām (‘a) to the Qur’anic verse, the
scope of the question put to the Imām was general, and the instructions
he gave in response were also of general validity. I said earlier that
for the adjudication of both civil and penal cases, one must have
recourse to judges, as well as to the executive authorities or general
governmental authorities. One has recourse to judges in order to
establish the truth, reconcile enmities, or determine punishments; and
to the executive authorities, in order to obtain compliance with the
verdict given by the judge and the enactment of his verdict, whether the
case is civil or penal in nature. It is for reason that in the tradition
under discussion the Imām (‘a) was asked whether we may have recourse to
the existing rulers and powers, together with their judicial
apparatus.
In his answer, the Imām (‘a) condemns all recourse to illegitimate
governments, including both their executive and their judicial branches.
He forbids the Muslims to have recourse in any of their affairs to kings
and tyrannical rulers, as well as to the judges who act as their agents,
even if they have some well-established right that they wish to have
enforced. Even if a Muslim’s son has been killed or his house has been
ransacked, he does not have the right of recourse to oppressive rulers
in order to obtain justice. Similarly, if a debt is owed to him and he
has irrefutable evidence to that effect, again he may not have recourse
to judges who are the servants and appointees of oppressors. If a Muslim
does have recourse to them in such cases and obtains his undeniable
rights by means of those illegitimate powers and authorities, the result
he obtains will be harām,[^83] and he will have no right to make use
of it. Certain fuqahā have even gone so far as to say that, in cases
where property is restored, the same rule applies. For example, if your
cloak is stolen from you, and you regain it through the intervention of
an illegitimate authority, you have no right to wear it. This particular
ruling is open to discussion, but there is no doubt in more general
cases. For example, if someone has a debt owed to him, and, in order to
obtain it, has recourse to a body or authority other than that specified
by God, and he subsequently receives his due, he may not legitimately
put it to use. The fundamental criteria of the sharī‘ah make this
necessary.
So this is the political ruling of Islam. It is a ruling that makes
Muslims refrain from having recourse to illegitimate powers and their
appointed judges, so that non-Islamic and oppressive regimes may fall
and the top-heavy judicial systems that produce nothing for the people
but trouble may be abolished. This, in turn would open the way for
having recourse to the Imāms (‘a) and those to whom they have assigned
the right to govern and judge. The main purpose was to prevent kings and
the judges appointed by them from attaining any form of authority, and
people not to follow them. It has been declared to the Islamic nation
that they are not authorities whom to be referred for God Himself had
commanded men to disbelieve in kings and unjust rulers (i.e., to rebel
against them),[^84] and to have recourse to them would conflict with
this duty. If you disbelieve in them and regard them as oppressors who
are unfit to rule you must not have recourse to them.
What then is the duty of the Islamic community in this respect? What
are they to do when new problems occur and dispute arises among them? To
what authority should they have recourse? In the tradition previously
quoted, the Imām (‘a) said: “They must seek out one of you who narrates
our traditions, who is versed in what is permissible and what is
forbidden”—that is, whenever disputes arise among them, they should seek
to have them resolved by those who narrate our hadith, are acquainted
with what God has made permissible or forbidden, and comprehend our
ordinances in accordance with the criteria of reason and the sharī‘ah.
The Imām (‘a) did not leave any room for ambiguity lest someone say:
“So, scholars of traditions are also to act as authorities and judges.”
The Imām (‘a) mentioned all the necessary qualifications and specified
that the person to whom we have recourse must be able to give an opinion
concerning what is permissible and forbidden in accordance with the
well-known rules, must be knowledgeable with the ordinances of Islam,
and must be aware of the criteria needed to identify the traditions
originating in taqiyyah or similar circumstances (which are not to be
taken as valid). It is obvious that such knowledge of the ordinances of
Islam and expertise in the science of tradition is different from mere
ability to narrate tradition.
In the same tradition the Imām (‘a) goes on to say: “I appoint him as
ruler over you”—that is, “I appoint as ruler over you one who possesses
such qualifications; I appoint anyone who possesses them to conduct the
governmental and judicial affairs of the Muslims, and the Muslims do not
have the right to have recourse to anyone other than him.” Therefore, if
a robber steals your property, you should bring your complaint to the
authorities appointed by the Imām (‘a). If you have a dispute with
someone concerning debt or a loan and you need the truth of the matter
to be established, again you should refer the matter to the judge
appointed by the Imām (‘a), and not to anyone else. This is the
universal duty of all Muslims, not simply of ‘Umar ibn Hanzalah, who,
when confronted by a particular problem, obtained the ruling.
This decree issued by the Imām (‘a), then, is general and universal in
scope. For just as the Commander of the Faithful (‘a), while he
exercised rule, appointed governors and judges whom all Muslims were
bound to obey, so, too, Imām as-Sādiq (‘a), holding absolute authority
and empowerment to rule over all the ‘ulamā, the fuqahā, and the
people at large, was able to appoint rulers and judges not only for his
own lifetime, but also for subsequent ages. This indeed he did, naming
the fuqahāas “rulers,” so that no one might presume that their
function was restricted to judicial affairs and divorced from the other
concerns of government.
We may also deduce from the beginning and end of this tradition, as
well as from the Qur’anic verse to which it refers, that the Imām (‘a)
was not concerned simply with the appointing of judges and did not leave
other duties of the Muslims unclarified, for otherwise, one of the two
questions posed to him—that concerned with seeking justice from illicit
executive authorities—would have remained unanswered.
This tradition is perfectly clear; there are no doubts surrounding its
chain of transmission or its meaning. No one can doubt that the Imām
(‘a) designated the fuqahā to exercise the functions of both
government and judgeship. It is the duty of all Muslims to obey this
decree of the Imām (‘a).
In order to clarify the matter still further, I will adduce additional
traditions, beginning with that of Abū Khadījah.
Abū Khadījah, one of the trusted companions of Imām as-Sādiq (‘a),
relates: “I was commanded by the Imām (‘a) to convey the following
message to our friends [i.e., the Shī‘ah]: ‘When enmity and dispute
arise among you, or you disagree concerning the receipt or payment of a
sum of money, be sure not to refer the matter to one of these
malefactors for judgment. Designate as judge and arbiter someone among
you who is acquainted with our injunctions concerning what is permitted
and what is prohibited, for I appoint such a man as judge over you. Let
none of you take your complaint against another of you to the tyrannical
ruling power.’ ”[^85]
The meaning of the phrase “dispute concerning a thing” relates to civil
disputes, so that the first part of the Imām’s decree means that we are
not to have recourse to the malefactors. Concerning part of the
tradition which says “I appoint such a man as judge over you” it becomes
clear that ‘malefactors’ means those judges whom the rulers of the day
and illegitimate governments have allowed to occupy the position of
judge. The Imām (‘a) goes on to say “Let none of you take your complaint
against another of you to the tyrannical ruling power.” That is to say,
“Whatever personal disputes arise among you, do not have recourse to
tyrannical authorities and illegitimate powers; do not seek their aid in
matters relating to the executive.” The expression “tyrannical ruler”
refers, in general, to all illegitimate powers and authorities (that is,
all non-Islamic rulers) and embraces all three branches of
government—judicial, legislative and executive. Considering that earlier
in the tradition, recourse to tyrannical judges is prohibited, however,
it appears that this second prohibition relates to the executive branch.
The final sentence is not a repetition of the preceding statement.
First, the Imām prohibits having recourse to impious judges in the
various matters that are their concern (interrogation, the establishment
of proof, and so on), designates those who may act as judge, and
clarifies the duties of his followers. Then he declares that they must
refrain from having recourse to illegitimate rulers. This makes it plain
that the question of judges is separate from that of having recourse to
illegitimate authority; they are two different subjects. Both are
mentioned in the tradition of ‘Umar ibn Hanzalah; there, the seeking of
justice from both illegitimate authorities and judges is forbidden. In
the tradition of Abū Khadijah the Imām (‘a) has appointed only judges,
but in that reported by ‘Umar ibn Hanzalah the Imām (‘a) has designated
both those who are to act as ruler and executive and those who are to
act as judge.
In accordance with the tradition narrated Abu Khadījah, then, the Imām
(‘a) designated the fuqahā as judges in his own lifetime, and
according to that narrated by ‘Umar ibn Hanzalah, he assigned them both
governmental and judicial authority. We must now examine whether the
fuqahā automatically forfeited those functions when the Imām (‘a) left
this world? Were all the judges and rulers appointed by the Imāms (‘a)
somehow dismissed from their functions when the Imāms (‘a) left?
The governance of the Imāms (‘a) differs, of course, from that of all
others; according to the Shi‘ah school, all the commands and
instructions of the Imāms (‘a) must be obeyed, both during their
lifetime and after their death. But, aside from this consideration, let
us see what becomes of the functions and duties they have assigned in
this world to the fuqahā.
In all existing forms of government whether monarchical, republican, or
following some other model, if the head of state dies or circumstances
change so that there is a change in administration, military ranks and
appointments are not affected. For example, a general will not
automatically be deprived of his rank, an ambassador will not be
dismissed from his post, and a minister of finance or a provincial or
local governor will not be removed. The new administration or successor
administration may, of course, dismiss or transfer them from their
posts, but their functions are not automatically withdrawn from them.
Obviously, certain powers do automatically terminate with death of the
person who conferred them. Such is the case with ijāza-yi
hasbiyyah, the authority given to someone by a faqīh to fulfill
certain tasks on his behalf in a given town; when the faqīh dies, this
authority expires. But, in another case, if a faqīh appoints a
guardian for a minor or a trustee for an endowment, the appointments he
makes are not annulled by his death but continue in force.
The judicial and governmental functions assigned by the Imāms to the
fuqahā of Islam are retained permanently. The Imām (‘a) was certainly
aware of all aspects of the matter, and there can be no possibility of
carelessness on his part. He must have known that in all governments of
the world the position and authority of individual officeholders is not
affected by the death or departure of the head of state. If he had
intended that the right to govern and judge should be withdrawn after
his death from the fuqahā whom he had designated, he would have
specified that to be the case, saying: “The fuqahā are to exercise
these functions as long as I live.”
According to this tradition, then, the ‘ulamā of Islam have been
appointed by the Imām (‘a) to the positions of ruler and judge, and
these positions belong to them in perpetuity. The possibility that the
next Imām would have annulled this decree and dismissed the fuqahā
from these twin functions is extremely small. For the Imām forbade the
Muslims to have recourse to kings and their appointed judges for
obtaining their rights, and designated recourse to them as equivalent to
recourse to the tāghūt; then, referring to the verse that ordains
disbelief in tāghūt,[^86] he appointed legitimate judges and rulers
for the people. If his successor as Imām were not to have assigned the
same functions to the fuqahā or to the new ones, what should the
Muslims have done, and how would they have resolved their differences
and disputes? Should they have had recourse to sinners and oppressors,
which would have been equivalent to recourse to the tāghūt and thus a
violation of divine command? Or should they have had recourse to no one
at all, depriving themselves of all authority and refuge, which would
have allowed anarchy to take over, with people freely usurping each
other’s property, transgressing against each other’s rights, and being
completely unrestrained in all they did?
We are certain that if Imām as-Sādiq (‘a) assigned these functions to
the fuqahā, neither his son Mūsā (‘a) nor any of the succeeding Imāms
(‘a) abrogated them. Indeed, it is not possible for them to have
abrogate these functions and said: “Henceforth, do not have recourse to
the just fuqahā for the settlement of your affairs; instead, turn to
kings, or do nothing at all and allow your rights to be trampled
underfoot.”
Naturally, if an Imām appoints a judge to a certain city, his successor
may dismiss that judge and appoint another in his place, but the
positions and functions that have been established cannot themselves be
abolished. That is self-evident.
The tradition that I shall now quote supports the thesis I have been
advancing. If the only proof I had were one of the traditions I have
been citing, I would be unable to substantiate my claim. Its essence,
however, has been proved by the traditions already cited; what follows
now is by way of supplementary evidence. Imām as-Sādiq (‘a) relates that
the Prophet (s) said: “For whomever travels a path in search of
knowledge, God opens up a path to paradise, and the angels lower their
wings before him as a sign of their being well pleased [or God’s being
well pleased]. All that is in the heavens and on earth, even the fish in
the ocean, seeks forgiveness for him. The superiority of the learned man
over the mere worshipper is like that of the full moon over the stars.
Truly the scholars are the heirs of prophets (‘a); the prophets
bequeathed not a single dinār or dirham; instead they bequeathed
knowledge, and whoever acquires it has indeed acquired a generous
portion of their legacy.”[^87]
The links in the chain of transmission of this tradition are all
trustworthy; in fact, Ibrāhīm ibn Hāshim, father of ‘Ali ibn Ibrāhīm, is
not moderately trustworthy but outstandingly so. The same tradition has
been narrated with a slightly different text by another chain of
transmission, one that is sound as far as Abū ’l-Bukhtūri although
Abū’l-Bukhtūri himself is of questionable reliability. Here is the
second version of the tradition: “Muhammad ibn Yahyā relates, on the
authority of Ahmad ibn Muhammad ibn Īsā, who was told it by Muhammad ibn
Khālid, to whom it was narrated by Abū ’l- Bukhtūri, that Imām Ja‘far
as-Sādiq (‘a) said: ‘The scholars are the heirs of the prophets, for
although the prophets bequeathed not a single dinār or dirham, they
bequeathed their sayings and traditions. Whoever, then, acquires a
portion of their traditions has indeed acquired a generous portion of
their legacy. Therefore, see from whom you may acquire this knowledge,
for among us, the Family of the Prophet, there are in each generation
just and honest people who will repel those who distort and exaggerate,
those who initiate false practices, and those who offer foolish
interpretations [that is, they will purify and protect religion from the
influence of such biased and ignorant people and others like them].’
”[^88]
Our purpose in citing this tradition (which has also been referred to
by the late Narāqi) is that it clarifies the meaning of the expression:
“The scholars are the heirs of the prophets.” There are several matters
that must be explained at this point.
First, who are “the scholars”? Is it intended to mean the scholars of
the Muslim community or the Imāms (‘a)? Some people are of the opinion
probably the Imāms are intended. But it would appear that, on the
contrary, the scholars of the community—the ‘ulamā—are intended. The
tradition itself indicates this, for the virtues and qualities of the
Imāms (‘a) that have mentioned elsewhere are quite different from what
this tradition contains. The statement that the prophets (‘a) have
bequeathed traditions and whoever learns those traditions acquires a
generous portion of their legacy cannot serve as a definition of the
Imāms. It must therefore refer to the scholars of the community. In
addition, in the version narrated by Abū ’l-Bukhtūri, after the phrase:
“The scholars are the heirs of the prophets,” we read: “Therefore, see
from whom you may acquire this knowledge.” It seems that what is
intended here is that, indeed, the scholars are the heirs of the
prophets, but one must be careful in the choice of a person from whom to
acquire the knowledge the prophets have bequeathed. It will contradict
the obvious meaning of the tradition, therefore, to maintain that the
Imāms are intended by the expression “heirs of the prophets” and that it
is from them that people must acquire knowledge. Anyone acquainted with
the traditions that relate to the status of the Imāms (‘a) and the rank
accorded them by the Most Noble Messenger (s) will immediately realize
that it is not the Imāms but the scholars of the community who are
intended in this tradition. Similar qualities and epithets have been
used for the scholars in numerous other traditions; e.g., “The scholars
of my community are like the prophets preceding me,” and “The scholars
of my community are like the prophets of the Children of Israel.”
To conclude, then, it is obvious that the ‘ulamā—the scholars—are
intended here.
There is a second objection that might be raised here, which calls for
clarification. It might be said that the expression: “The scholars are
the heirs of the prophets” cannot be used as a proof of our thesis—the
governance of the faqīh—since the prophets (anbiyā) have only one
dimension of prophethood, which is that they derive knowledge from an
exalted source by means of revelation, inspiration, or some other
method, and this does not imply or require rule over the people or the
believers. If God Almighty has not bestowed leadership and rule on the
prophets, they can in no wise possess it; they are only prophets in the
narrow sense of the word. If they have been ordained to communicate the
knowledge they have received, then it will be their duty at most to
communicate it to the people. For in our traditions, a distinction is
made between the prophet (nabī) and the messenger (rasūl): the
latter has the mission of communicating the knowledge he has received,
while the former merely receives it. In addition, the state of
prophethood (nubuwwat) is different from that of governance
(wilāyat), and it is this titular designation of “prophet” (nabī)
that has been used in this tradition. The scholars have been made the
successors of the prophets with respect to this titular designation, and
since this designation does not imply or necessitate governance
(wilāyat), we cannot deduce from the tradition that the scholars are
to possess governance. If the Imām had said that the scholars hold the
rank of Moses or Jesus, we would naturally infer that the scholars
possess all of the aspects and qualities of Moses or Jesus, including
governance, but since he did not say this and did not assign to the
scholars the rank of any particular person among the prophets, we cannot
draw that particular conclusion from the tradition in question.
In answer to this objection, it must first be stated that the criterion
for the understanding of traditions and their wording must be common
usage and current understanding, not precise technical analysis, and we,
too, follow this criterion. Once a faqīh tries to introduce subtle
technical points into the understanding of traditions, many matters
become obscured. So, if we examine the expression: “The scholars are the
heirs of the prophets” in the light of common usage, will it occur to us
that only the titular designation of “prophet” is intended in the
tradition, and that the scholars are heirs only to what is implied in
that designation? Or on the contrary, does this expression provide a
general principle that can be applied to individual prophets? To put it
differently, if we were to ask someone who is aware only of the common
usage of word, “Is such-and-such a faqīh a successor of Moses and
Jesus?” He would answer—in the light of the tradition under
discussion—“Yes, because Moses and Jesus are prophets.” Again, if we
were to ask, “Is the faqīh an heir to the Most Noble Messenger (s)?”
he would answer, “Yes, because the Most Noble Messenger is one of the
prophets.”
We cannot, therefore, take the word “prophets” as a titular
designation, particularly since it is in the plural. If the singular
“prophet” were used in the tradition, then it might be possible that
only the titular designation was intended, but since the plural is used,
it means “every one of the prophets,” not “every one of the prophets
with respect to that by virtue of which they are prophets.” This latter
sense would indeed indicate that the titular designation exclusively was
intended, as distinct from all other designations, so that the
expression would come to mean, “The faqīh enjoys the stature of the
prophet (nabī), but not that of the messenger (rasūl) nor that of
the ruler (wali).” Analyses and interpretations like these, however,
go against both common usage and reason.
For a third objection, let us suppose that the scholars are given the
stature of the prophets with respect to their titular designation, with
respect to that by virtue of which they are prophets. We must then
regard the scholars as possessing all the attributes that God Almighty
has designated the prophets as possessing, in accordance with this same
equation of the scholars with the prophets. If, for example, some one
says that so-and-so enjoys the same rank as the just and says next that
we must honor the just, we infer from the two statements taken together
that we must honor the person in question. This being the case, we can
infer from the Qur’anic verse: “The prophet has higher claims on the
believers than their own selves” (33:6) that the ‘ulamā possess the
function of governance just as the prophet does. For what is implicit in
having “higher claims” is precisely governance and command. In
commenting upon the verse in question, the work Majma‘
al-Bahrayn[^89] cites a tradition of Imām al-Bāqir (‘a): “This verse
was revealed concerning governance and command”. The prophet, then, is
empowered to rule and govern over the believers, and the same rule and
governance that has been established for the Most Noble Messenger (s) is
also established for the scholars for both in the verse quoted and in
the tradition under discussion the titular designation “prophet” has
been used.
We can, moreover, refer to a number of verses that designate the
prophet as possessing various qualities and attributes, as, for example:
“Obey God and obey the Messenger and the holders of authority from among
you” (Qur’an, 4:59). Although a distinction is made in certain
traditions between “prophet” and “messenger” with respect to the mode of
revelation, rationally and in common usage the two words denote the same
meaning. According to common usage, the “prophet” is one who receives
tidings from God, and the “messenger” is one who conveys to mankind what
he has received from God.
A fourth objection might also be raised. The ordinances that the Most
Noble Messenger (s) left are a form of legacy, even though they are not
designated technically as such, and those who take up those ordinances
are his heirs. But what proof is there that the function of governance
that the Prophet (s) exercised could be bequeathed and inherited? It
might be that what could be bequeathed and inherited consisted only of
his ordinances and his traditions, for the tradition states that the
prophets bequeathed knowledge, or, in the version narrated by Abu
’l-Bukhturi, that they bequeathed “a legacy of their sayings and
traditions.” It is apparent, then, that they bequeathed their
traditions, but governance cannot be bequeathed or inherited.
This objection is also unjustified. For governance and command are
extrinsic and rational matters; concerning these matters, we must have
recourse to rational persons. We might ask them whether they regard the
transfer of governance and rule from one person to another by way of
bequest as possible. For example, if a rational person is asked, “Who is
heir to the rule in such-and-such a country?” will he answer that the
position of ruler cannot be inherited, or say instead that such-and-such
a person is the heir to the crown and the throne? “Heir the throne” is a
well-known current expression. There can be no doubt that rationally
speaking governance can be transferred from one person to another just
like property that is inherited. If one considers first the verse: “The
prophet has higher claims on the believers than their own selves,” and
then the tradition: “The scholars are the heirs of the prophets,” he
will realize that both refer to the same thing: extrinsic matters that
are rationally capable of being transferred from one person to
another.
If the phrase: “The scholars are the heirs of the prophets” referred to
the Imāms (‘a)—as does the tradition to the effect that the Imāms are
the heirs of the Prophet (s) in all things—we would not hesitate to say
that the Imāms are indeed the heirs of Prophet in all things, and no one
could say that the legacy intended here refers only to knowledge and
legal questions. So if we had before us only the sentence: “The scholars
are the heirs of the prophets” and could disregard the beginning and end
of the tradition, it would appear that all functions of the Most Noble
Messenger (‘a) that were capable of being transmitted—including rule
over people—and that devolved on the Imāms after him, pertain also to
the fuqahā, with the exception of those functions that must be
excluded for other reasons and which we too exclude wherever there is
reason to do so.
The major problem still remaining is that the sentence: “The scholars
are heirs of the prophets” occurs in a context suggesting that the
traditions of the prophets constitute their legacy. The authentic
tradition narrated by Qaddāh reads: “The prophets bequeathed not a
single dinār or dirham; instead they bequeathed knowledge.” That related
by Abū ’l–Bukhtūri reads: “Although the prophets did not bequeath a
single dinār or dirham; they bequeathed their sayings and traditions.”
These statements provide a context suggesting that the legacy of the
prophets is their traditions, and that nothing else has survived of them
that might be inherited, particularly since the particle “innamā”
occurs in the text of the tradition, indicating exclusivity.
But even this objection is faulty. For if the meaning were indeed that
the Most Noble Messenger (s) had left nothing of himself that might be
inherited except his traditions, this would contradict the very bases of
our Shi’ah school. The Prophet (s) did indeed leave things that could be
inherited, and there is no doubt that among them was his exercise of
rule over the community, which was transmitted by him to the Commander
of the Faithful (‘a), and then to each of the other Imāms (‘a) in
succession. The particle “innamā” does not always indicate
exclusivity, and indeed there are doubts that it ever does; in addition,
“innamā” does not occur in the text narrated by Qaddāh, but only in
that related by Abu ’l- Bukhturi whose chain of transmission is weak, as
I have already said.
Now let us examine in turn each of the sentences in the text narrated
by Qaddāh in order to see whether the context does, in fact, indicate
that the legacy of the prophets consists exclusively of their
traditions.
“For whoever travels a path in search of knowledge, God opens up a path
to paradise.” This is a sentence in praise of scholars, but not in
praise of any scholar, so that we imagine the sentence to be uniformly
praising all types of scholar. Look up the traditions in al-Kāfi
concerning the attributes and duties of scholars, and you will see that
in order to become a scholar and an heir of the prophets, it is not
enough to study a few lines. The scholar also has duties he must
perform, and therein lies the real difficulty of his calling.
“The angels lower their wings before him as a sign of their being well
pleased with him.” The meaning of “lower their wings” is obvious to
those who concern themselves with these matters. It is an act signifying
humility and respect.
“All that is in the heavens and on earth, even the fish in the ocean,
seeks forgiveness for him.” This sentence does not require detailed
explanation because it is not relevant to our present theme.
“The superiority of the learned man over the mere worshipper is like
that of the full moon over the stars.” The meaning of this sentence is
clear.
“Truly the scholars are the heirs of the prophets.” The entire
tradition, from its beginning down to and including this sentence, is in
praise of the scholars and in exposition of their virtues and qualities,
one of these qualities being that they are the heirs of the prophets.
Being the heirs of the prophets becomes a virtue for the scholars when
they exercise governance and rule over people, like the prophets, and
obedience to them is a duty.
The meaning of the next expression in the tradition, “The prophets
bequeathed not a single dinār or dirham,” is not that they bequeathed
nothing but learning and traditions. Rather it is an indication that
although the prophets exercised authority and ruler over people, they
were men of God, not materialistic creatures trying to accumulate
worldly wealth. It also implies that the form of government exercised by
the prophets was different from monarchies and other current forms of
government, which have served as means for the enrichment and
gratification of the rulers.
The way of life of the Most Noble Messenger (s) was extremely simple.
He did not use his authority and position to enrich his material life in
the hope of leaving a legacy. What he did leave behind was knowledge,
the most noble of all things, and in particular, knowledge derived from
God Almighty. Indeed, the singling out of knowledge for mention in this
tradition may have been precisely because of its nobility.
It cannot be said that since the qualities of the scholars are
mentioned in this verse together with their being heirs to knowledge and
not heirs to property, therefore, the scholars are heirs only to
knowledge and traditions.
In certain cases, the phrase: “What we leave behind is charity” has
been added to the tradition, but it does not truly belong there. Found
only in Sunni versions of the traditions, it has been added for
political reasons.[^90]
The most we can say with respect to the context these sentences provide
for the statement: “The scholars are heirs to the prophets” is that the
statement cannot be taken in an absolute sense, which would mean that
everything that pertains to the prophets also pertains to the scholars.
Nor can the statement, because of its context, be taken in the
restricted sense that the scholars are heirs only to the knowledge of
the prophets. If that were sense, the tradition would contradict the
other traditions we quoted earlier in connection with our theme and tend
to neglect them. This restricted sense cannot be derived from this.
For the sake of argument, if it were true that this tradition means
that the Most Noble Messenger (s), left no legacy but knowledge, and
that rulership and governance can be neither bequeathed nor inherited,
and if, too, we did not infer from the Prophet’s saying: “‘Ali is my
heir” that the Commander of the Faithful (‘a) was indeed his successor,
then we would be obliged to have recourse to nass[^91] with respect to
the successorship of the Commander of the Faithful and the remaining
Imāms (‘a). We would then follow the same method with respect to the
exercise of governance by the faqīh, for according to the tradition
cited above, the fuqahā have been appointed to the function of
successorship and rule. Thus, we have reconciled this tradition with
those that indicate appointment.
In his ‘Awā’id,[^92] Narāqi quotes the following tradition from the
Fiqh-i Razāvi:[^93] “The rank of the faqīh in the present age is
like that of the prophets of the Children of Israel.” Naturally, we
cannot claim that the Fiqh-i Razāvi was actually composed by Imām
Ridā (‘a), but it is permissible to quote it as a further support for
our thesis.
It must be understood that what is meant by “the prophets of the
Children of Israel” is indeed the prophets, not fuqahā who lived in
the time of Moses and may have been called prophets for some reason or
other. The fuqahā who lived in the time of Moses were all subject to
his authority, and exercised their functions in obedience to him. It may
be that when he dispatched them somewhere to convey a message, he would
also appoint them as “holder of authority”—naturally, we are not
precisely informed about these matters—but it is obvious that Moses
himself was one of the prophets of the Children of Israel, and that all
of the functions that existed for the Most Noble Messenger (s) also
existed for Moses, with a difference, of course, in rank, station, and
degree. We deduce from the general scope of the word “rank” in this
tradition, therefore, that the same function of rulership and governance
that Moses exercised exists also for fuqahā.
The Jāmi’ al-Akhbār[^94] contains the following tradition of the Most
Noble Messenger (s): “On the Day of Judgment I will take pride in the
scholars of my community, for the scholars of my community are like the
prophets preceding me.” This tradition also serves to support my
thesis.
In the Mustadrak,[^95] a tradition is quoted from the Ghurār[^96]
to the following effect: “The scholars are rulers over the people.” One
version reads “hukamā” (“wise men”) instead of “hukkām” (“rulers”),
but this appears to be incorrect. According to the Ghurār, the form
“hukkām” is correct. The meaning of this tradition is self-evident,
and if its chain of transmission is valid, it may also serve to support
my thesis.
There are still additional traditions that may be quoted. One of them
is quoted in Tuhāf al-‘Uqūl[^97] under the heading: “The Conduct of
Affairs and the Enforcement of Ordinances by the Scholars.” This
tradition consists of two parts. The first is a tradition transmitted by
the Doyen of the Martyrs (‘a) from the Commander of the Faithful, ‘Ali
(‘a), and concerns the enjoining of the good and the prohibition of the
evil. The second part is the speech of the Doyen of the Martyrs
concerning the governance of the faqīh and the duties that are
incumbent upon the fuqahā, such as the struggle against oppressors and
tyrannical governments in order to establish an Islamic government and
implement the ordinances of Islam. In the course of this celebrated
speech, which he delivered at Mīnah,[^98] he set forth the reasons for
his own jihād against the tyrannical Umayyad state. Two important
themes may be deduced from this tradition. The first is the principle of
the governance of the faqīh, and the second is that the fuqahā, by
means of jihād and enjoying the good and forbidding the evil, must
expose and overthrow tyrannical rulers and rouse the people so that the
universal movement of all alert Muslims can establish Islamic government
in place of tyrannical regimes.
This is the tradition.[^99] The Doyen of the Martyrs (‘a) said: “O
people, take heed of the counsel God gave His friends when he rebuked
the rabbis by saying, ‘Why do their scholars and rabbis not forbid their
sinful talk and consumption of what is forbidden [that is, such talk and
consumption on the part of the Jews]? Truly what they have done is evil’
(Qur’an, 5:63). Again God says: “Cursed by the tongue of David and
Jesus, son of Mary, are those among the Children of Israel who have
failed to believe on account of their rebellion and transgression. They
did not prevent each other from committing vile and corrupt acts; truly
what they did was abominable!” (Qur’an, 5:78). God blamed and reproached
them because they saw with their own eyes the oppressors committing vile
and corrupt acts but did not stop them, out of love for the income they
received from them as well as fear of persecution and injury. However,
God orders us to fear Him, not men, and He says: “And the believing men
and women are friends and protectors of each other; they enjoin the good
and forbid the evil” (Qur’an, 9:71).
“We see that this verse, in the course of enumerating the attributes of
the believers, the attributes that indicate mutual affection, solitude,
and desire to guide each other, God begins with enjoining the good and
forbidding the evil, considering this the prime duty. For He knows that
if this duty is performed and is established within society, performance
of all other duties will follow, from the easiest to the most difficult.
The reason for this is that enjoining the good and forbidding the evil
means summoning people to Islam, which is a struggle to establish
correct belief in the face of external opposition, while at the same
time vindicating the rights of the oppressed; opposing and struggling
against oppressors within the community; and endeavoring to ensure that
public wealth and the income derived from war are distributed in
accordance with the just laws of Islam, and that taxes [zakāt and all
other forms of fiscal income, whether compulsory or voluntary] are
collected, levied, and expended in due and proper form.
“O scholars, you who are celebrated and enjoy good repute on account of
your learning! You have achieved fame in society because of your
devotion, the good counsel you impart, and the guidance you dispense. It
is on account of God that men venerate and stand in awe of you, so that
even the powerful fear you and feel compelled to rise respectfully
before you, and men who are not subject to you and over whom you hold no
authority willingly regard themselves as your subordinates and grant you
favors they deny themselves. When the people do not receive their due
from the public treasury, you intervene and act with the awesomeness and
imperiousness of monarchs and the stature of the great. Have you not
earned all these forms of respect and prestige because of men’s hopes
that you will implement God’s laws, even though in most instances you
have failed to do so?
“You have failed to enforce most of the rights you were entrusted to
preserve. For instance, you have neglected the rights of the oppressed
and the lowly, squandered the rights of the weak and the powerless, but
pursed assiduously what you regard as your personal rights. You have not
spent your money or risked your lives for the sake of the One Who gave
you life, nor have you fought against any group or tribe for the sake of
God. You desire, and regard it as your due, that He should grant you
paradise, the company of the Prophet, and security from hellfire in the
hereafter. You who have such expectations of God, I fear that the full
weight of His wrath will descend upon you, for although it is by his
might and glory that you have achieved high rank, you show no respect to
those who truly know God and wish to disseminate their knowledge while
you yourselves enjoy respect among God’s bondsmen on His account.
“I am also afraid for you for another reason: you see the covenants
enacted with God[^100] being violated and trampled underfoot; yet you
show no anxiety. When it comes to the covenants enacted with your
fathers, you become greatly disturbed and anxious if they are only
violated in part, but the pledges you have given to the Most Noble
Messenger[^101] are a matter of complete indifference to you. The blind,
the dumb, and the poverty-stricken cultivators of the land everywhere
lack protectors and no mercy is shown them. You do not behave in
accordance with your function and rank, nor do you support or pay any
regard to those who do so behave and who strive to promote the standing
of the religious scholars. You purchase your safety from the oppressive
ruling powers with flattery, cajolery and compromise.
“All these activities have been forbidden you by God, and He has,
moreover, commanded you to forbid each other to engage in them, but you
pay no attention. The disaster that has befallen you is greater than
what has befallen others, for the true rank and degree of ‘ulamā has
been taken away from you. The administration of the country, the issuing
of judicial decrees, and the approving of legislative programs should
actually be entrusted to religious scholars who are guardians of the
rights of God and knowledgeable about God’s ordinances concerning what
is permitted and what is forbidden. But your position has been usurped
from you, for no other reason than that you have abandoned the pivot of
truth—the law of Islam and God’s decree—and have disagreed about the
nature of the Sunnah, despite the existence of clear proofs.
“If you were true men, strong in the face of torture and suffering and
prepared to endure hardship for God’s sake, then all proposed
regulations would be brought to you for your approval and for you to
issue; authority would lie in your hands. But you allowed the oppressors
to take away your function, and permitted that the government, which is
supposed to be regulated by the provisions of the sharī‘ah, to fall
into their hands so that they administer it on the shaky basis of their
own conjectures and suppositions and make arbitrariness and the
satisfaction of lust their consistent practice. What enabled them to
gain control of government was your fleeing in panic from being killed,
your attachment to the transitory life of this world. With that
mentality and the conduct it inspires, you have delivered the powerless
masses into the clutches of the oppressors. While some cringe like
slaves under the blows of the oppressors, and others search in misery
and desperation for bread and water, the rulers are entirely absorbed in
the pleasures of kingship, earning shame and disgrace for themselves
with their licentiousness, following evil counselors, and showing
impudence toward God. One of their appointed spokesmen mounts the
minbar[^102] in each city. The soil of the homeland is defenseless
before them, and they grab freely whatever they want of it. The people
are their slaves, and are powerless to defend themselves. One ruler is a
dictator by nature, malevolent and rancorous; another represses his
wretched subjects ruthlessly, plundering by imposing on them all kinds
of burdens; and still another refuses in his absolutism to recognize
either God or the Day of Judgment! Is it not strange—how can one not
think it strange—that society is in the clutches of a cunning oppressor
whose tax collectors are oppressors and whose governors feel no
compassion or mercy toward the believers under their rule?
“It is God Who will judge concerning what is at dispute among us and
deliver a decisive verdict concerning all that occurs among us.
“O God! You know that everything we did [that is, the struggle in which
they had recently engaged against the Umayyads] was not prompted by
rivalry for political power, nor by a search for wealth and abundance;
rather it was done in order to demonstrate to men the shining principles
and values of Your religion, to reform the affairs of Your land, to
protect and secure the indisputable rights of Your oppressed servants,
and to act in accordance with the duties You have established and the
norms, laws, and ordinances You have decreed.
“So, O scholars of religion! You are to help us reach this goal, win
back our rights from those powers who have considered it acceptable to
wrong you and who have attempted to put out the light kindled by your
Prophet. God the One suffices us—upon Him do we rely, to Him do we turn,
in His hands lies our fate, and to Him shall we return.”
When the Doyen of the Martyrs (‘a) said at the beginning of this
sermon: “O people, take heed of the counsel God gave His friends when He
rebuked the rabbis,” his address was not restricted to a particular
group of people—those present in the assembly, the inhabitants of a
certain city, town, or country, or even all people alive in the world at
the time. Rather it embraces all who hear the summons at whatever time,
for it begins with the expression “O people” (yā ayyuha ’n-nās),
which occurs in the Qur’an with the same universal meaning.[^103] When
God rebukes the rabbis—the Jewish scholars—and condemns their behavior,
He is at the same time addressing His friends (awliyā) and advising
them. The word “awliyā” means here those who have set their faces
toward God and hold responsible positions in society, not the Twelve
Imāms.[^104]
God says in the verse we are examining: “Why do their scholars and
rabbis not forbid their sinful talk and consumption of what is
forbidden? Truly what they have done is evil.” Thus He reproaches the
rabbit and Jewish religious scholars for failing to prevent the
oppressors’ sinful talk—a term that includes lying, slander, distorting
the truth, and so forth—and consumption of what is forbidden. It is
obvious that, this reproach and upbraiding is not confined to the
scholars of the Jews, nor for that matter to those of the Christians; it
applies also to the religious scholars in Islamic society, or indeed,
any other society. If the religious scholars of Islamic society are
silent, therefore, in the face of the policies of the oppressors, they
too are reproached and condemned by God; and here there is no
distinction between scholars of the past, present, and future—they are
equal in this regard. The Doyen of the Martyrs (‘a) made reference to
this verse of Qur’an so that the religious scholars of Islamic society
would take heed, awaken, and no longer neglect their duty of enjoining
the good and forbidding the evil or stay silent in the face of the
oppressive and deviant ruling classes.
There are two points to which he draws attention by citing this verse.
First, the religious scholars’ neglect of their duties is more harmful
than the failure of others to perform their normal duties. If a bazaar
merchant, for example, does something wrong, it is only he who suffers
the harm that results. But if the religious scholars fail in fulfilling
their duties, by keeping silent, let us say, in the face of tyranny,
Islam itself suffers as a result. But if, on the contrary, they act in
accordance with their duty and speak out when they should, eschewing
silence, then Islam itself will benefit.
Secondly, although all things contrary to the sharī‘ah must be
forbidden, emphasis has been placed on sinful talk and consumption of
what is forbidden, implying that these two evils are more dangerous than
all the others and must therefore be more diligently combated. Sometimes
the statements and propaganda put forth by oppressive regimes are more
harmful to Islam and the Muslims than their actions and policy,
endangering the whole repute of Islam and the Muslims. God reproaches
the religious scholars, therefore, for failing to prevent the oppressors
from uttering dishonest words and spreading sinful propaganda. He says
in effect: “Why did they not denounce the man who falsely claimed to be
God’s vicegerent on earth and the instrument of His will, who claimed to
be enforcing God’s laws in the right way and to have a correct
understanding and practice of Islamic justice, even though he was
incapable of comprehending what justice is? Claims like these are a form
of sinful talk that is extremely harmful to society. Why did the
religious scholars not prevent them from being made? The tyrants who
uttered this nonsense talk and committed treason and brought evil
innovations[^105] into Islam; why did the religious scholars not stand
in their way and make them desist from these sins?
If someone interprets God’s ordinances in a way displeasing to Him,
thus introducing an evil innovation in Islam, or executes laws that are
anti-Islamic, claiming to be acting in accordance with the requirements
of Islamic justice, it is the duty of the religious scholars to proclaim
their opposition. If they fail to do so, they will be cursed by God, as
is apparent both from the verse under discussion and from this
tradition: “When evil innovations appear, it is the duty of the scholars
to bring forth his knowledge [by condemning them]; otherwise, God’s
curse will be upon him.”
In such cases, the expression of opposition and the expounding of God’s
teachings and ordinances that stand in contradiction to innovation,
oppression, and sin, are also useful in themselves, for they make the
masses aware of the corruption of society and the wrongdoing of the
treacherous, sinful, and irreligious rulers. The people will then rise
up in revolt and refuse to collaborate any longer with the tyrants or to
obey corrupt and treacherous ruling powers. The expression of opposition
by religious scholars is a form of “forbidding the evil” on the part of
the religious leadership, which creates in its wake a wave of broad
opposition and “forbidding the evil” on the part of all religiously
inclined and honorable people. If the oppressive and deviant rulers do
not bow to the wishes of such an oppositional movement by returning to
the straight path of Islam and obedience to God’s laws, but attempt to
silence it by force of arms, they will, in effect, have engaged in armed
aggression against the Muslims and acquired the status of a rebellious
group (fī’a bāghiya). It will then be the duty of the Muslims to
engage in an armed jihād against that ruling group in order to make
the policies of the ruling society and the norms of government conform
to the principles and ordinances of Islam.
It is true that at present, you do not have the power to prevent the
innovative practices of the rulers or to halt the corruption in which
they are engaged. But at least do not stay silent. If they strike you on
head, cry out in protest! Do not submit to oppression; such submission
is worse than oppression itself. In order to counteract their press and
propaganda apparatus, we must create our own apparatus to refuse
whatever lies they issue and to proclaim that Islamic justice is not
what they claim it is, but on the contrary, has a complete and coherent
program for ordering the affairs of the family and all Muslim society.
All these matters must be made clear so that people can come to know the
truth and coming generations will not take the silence of the religious
leaders as proof that the deeds and policies of the oppressors conform
to the sharī‘ah, and that the perspicacious religion of Islam allows
them to “consume what is forbidden,” or in other words, to plunder the
wealth of the people.
Since the range of thought of some people is confined to the mosque we
are now sitting in and is incapable of extending any further, when they
hear the expression “consumption of what is forbidden,” they can only
think of some corner grocer whose is (God forbid) selling his customers
short. They never think of the whole range of more important forms of
“consuming what is forbidden,” of plunder. Huge amounts of capital are
being swallowed up; our public funds are being embezzled; our oil is
being plundered; and our country is turned into a market for expensive,
unnecessary goods by the representatives of foreign companies, which
makes it possible for foreign capitalists and their local agents to
pocket the people’s money. A number of foreign states carry off our oil
after drawing it out of the ground, and the negligible sum they pay to
the regime they have installed returns to their pockets by other routes.
As for the small amount that goes into the treasury, God only knows what
it is spent on. All of this is a form of “consumption of what is
forbidden” that takes place on an enormous scale, in fact on an
international scale. It is not merely an evil, but a hideous and most
dangerous evil. Examine carefully the conditions of society and the
actions of the government and its component organs, and then you will
understand what hideous “consumption of what is forbidden” is taking
place now. If an earthquake occurs in some corners of the country, it
too becomes a means for the ruling profiteers to increase their illegal
income: they fill their pockets with money that is supposed to go to the
victims of the earthquake. Whenever our oppressive, anti-national rulers
enter into agreements with foreign states or companies, they pocket huge
amounts of our people’s money and lavish additional huge sums on their
foreign masters. It is a veritable flood of forbidden consumption that
sweeps past us, right before our eyes. All this is misappropriation of
wealth goes on and on: in our foreign trade and in the contracts made
for the exploitation of our mineral wealth, the utilization of our
forests and other natural resources, construction work, road building,
and the purchase of arms from the imperialists, both Western and
communist.
We must end all this plundering and usurpation of wealth. The people as
a whole have a responsibility in this respect, but the responsibility of
the religious scholars is graver and more critical. We must take the
lead over other Muslims in embarking on this sacred jihād, this heavy
undertaking; because of our rank and position, we must be in the
forefront. If we do not have the power today to prevent these misdeeds
from happening and to punish these embezzlers and traitors, these
powerful thieves that rule over us, then we must work to gain that
power. At the same time, to fulfill our minimum obligation, we must not
fail to expound the truth and expose the thievery and mendacity of our
rulers. When we come to power, we will not only put the country’s
political life, economy, and administration in order, we will also whip
and chastise the thieves and the liars.
They set fire to the Masjid al-Aqsā.[^106] We cry out: “Leave the
Masjid al-Aqsā half-burned to the ground; do not erase all traces of the
crime!” But the Shāh’s regime opens an account, sets up a fund, and
starts collecting money from the people supposedly to rebuilt the Masjid
al-Aqsā, but really to fill the pockets of our rulers while also
covering up the crime committed by Israel.
These are the disasters that are afflicting the nation of Islam, and
that have brought us to our present state. Is it not duty of the
scholars of Islam to speak out about all this? “Why do their rabbis not
forbid their consumption of what is forbidden”? why do our Muslims
scholars not protect? Why do they say nothing about all this
plundering?
To return to the sermon of the Doyen of the Martyrs (‘a), he continues
with a reference to the verse: “Cursed are those among Children of
Israel who have failed to believe” (5:78). This is not relevant to our
present discussion. Then he says: “God reproached and blamed them [the
rabbis] because they saw with their own eyes the oppressors committing
vile and corrupt acts but did not stop them.” According to the Doyen of
the Martyrs, their silence was due to two factors: greed and baseness.
Either they were covetous persons who profited materially from the
oppressors, accepting payment to keep quiet, or they were faint-hearted
cowards who were afraid of them.
Consult the traditions referring to enjoining the good and forbidding
the evil. There the conduct of those who constantly invent excuses in
order to escape from doing their duty is condemned and their silence is
considered shameful. “God says: ‘Do not fear men, but fear Me’ (2:150).
This verse means roughly: ‘Why do you fear men? Our friends (awliyā)
have given up their lives for the sake of Islam; you should be prepared
to do the same.’
“Elsewhere in the Qur’an God also says: “The believers, men and women,
are friends and protectors to each other; they enjoin the good and
forbid the evil;…they establish the prayer, pay the zakāt, and obey
God and His Messenger’ (9:71). In this verse, God mentions the duty of
enjoining the good and forbidding the evil first because He knows that
if this duty is correctly performed, all other duties, whether easy or
difficult, will fall into place. For enjoining the good and forbidding
the evil means summoning men to Islam while at the same time remedying
oppression, opposing the oppressor, making just distribution of the
spoils of war, and levying and spending taxes in just and due form.”
If the duty of enjoining the good and forbidding the evil is properly
performed, all other duties will automatically fall into place. If the
good is enjoined and the evil forbidden, the oppressors and their agents
will be unable to usurp the people’s property and dispose of it
according to their own whims; they will be unable to squander the taxes
taken from the people. For he who enjoins the good and forbids the evil
actively calls men to Islam by remedying injustice and opposing the
oppressor.
Enjoining the good and forbidding the evil has been made a duty
primarily for the sake of accomplishing these high aims. We have
restricted it, however, to a narrow category of affairs where harm is
suffered chiefly by the individual who is guilty of a sin by deed or by
omission. We have the idea firmly in our heads that the instances of
evil we are called upon to combat (munkarāt) are only the things we
encounter or hear about in everyday life. For example, if someone plays
music while we are riding on the bus,[^107] or the owner of a coffee
house does something wrong, or someone eats in the middle of the bazaar
during Ramadān,[^108] we regard all these things as instances of evil we
must denounce. Meanwhile, we remain totally oblivious to far greater
evils. Those who are destroying the welfare of Islam and trampling on
the rights of the weak---it is they whom we must force to desist from
evil.
If a collective protest were made against the oppressors who commit an
improper act or crime, if several thousand telegrams were sent to them
from all the Islamic countries telling them to desist, to relinquish
their errors, they certainly would desist. If every time a step were
taken or a speech given against the interests of Islam and the welfare
of the people, those responsible were condemned throughout the country,
in every single village and hamlet, they would be obliged to retreat.
Could they possibly do otherwise? Never! I know them; I know what kind
of people they are. They are very cowardly and would retreat very
quickly. But if they see that we are more gutless than they are, they
will give themselves airs and do whatever they want.
When the ‘ulamā of Qum met and banded together on one occasion, and
the provinces supported them by sending delegations and delivering
speeches to show their solidarity, the regime retreated and canceled the
measures we were objecting to.[^109] Afterwards, they were able to cool
our enthusiasm and weaken us; they divided us up and invented a separate
“religious duty” for each of us. As a result of the differing opinions
that appeared among us, they grew bold again, and now they do whatever
they want with the Muslims and this Islamic country of ours.
The Doyen of the Martyrs (‘a) speaks of “summoning men to Islam while
at the same time remedying oppression and opposing the oppressors”; it
is for the sake of these great aims that enjoining the good and
forbidding the evil has been made a duty. If some poor grocer does
something wrong, he has not harmed Islam, but only himself. In
performing our duty of enjoining the good and forbidding the evil, we
must pay closest attention to those who harm Islam and those who, under
various pretexts, plunder the people’s means of livelihood.
On occasion we read in the paper—sometimes it is stated humorously,
sometimes seriously—that many of the items collected for the victims of
floods or earthquakes are picked up by our rulers for their own use. One
of the ‘ulamā of Malāyer told me that the people had wanted to send a
truckload of shrouds for the victims of some disaster, but the police
refused to let them through, and even tried to confiscate the load!
“Enjoining the good and forbidding the evil” is more imperative in such
cases.
Now let me ask you, were the subjects mentioned by the Doyen of the
Martyrs (‘a) in his sermon addressed only to his companions who were
gathered around him listening to his words? Does not the phrase “O
people, take heed” address us too? Are we not included in “people”?
Should we not profit from this address of the Doyen of the Martyrs
(‘a)?
As I stated at the beginning of this discussion, the subjects contained
in the sermon of the Doyen of the Martyrs (‘a) were not intended for a
single group or class. His address was more in the nature of a circular
directed to all commanders, ministers, rulers, fuqahā—and in short, to
the whole world, particularly those who are alive and fully conscious.
The circulars he issued belong together with the Qur’an in the sense
that they demand our obedience until the Day of Resurrection. The verse
referred to in the address speaks only of the Jewish scholars and
rabbis, but its purport is universal. The Jewish scholars and rabbis
were condemned by God because fear or covetousness made them keep silent
in the face of the misdeeds of the oppressors, whereas if they had
spoken or cried out in protest, they could have prevented oppression
from occurring. If the ‘ulamā of Islam likewise fail to rise up
against the oppressors and remain silent instead, they too will be
condemned.
After addressing the people in general, the Doyen of the Martyrs (‘a)
then turns to a particular group, the ‘ulamā of Islam, and tells them:
“You enjoy prestige and standing in society; the nation of Islam
respects and venerates you. You are held in awe and have high standing
in society because you are expected to rise up against the oppressors in
defense of the truth and to compel the oppressor to enforce the rights
of the oppressed. Men have placed their hopes in you for the
establishment of justice and the prevention of transgression by the
oppressors.
“Thus you have reached a certain station and rank. But you have failed
to perform the duties of your station. If some harm were to befall the
father of one of you, or if—God forbid—someone were to insult him, you
would be greatly distressed and would cry out in protest. But now that
God’s covenants are being violated before your very eyes and Islam is
being dishonored, you keep silent and are not distressed even in your
hearts for if you were distressed, you would be bound to raise your
voices in protest. The blind, the dumb, and the poverty-stricken
cultivators of the land are being destroyed and nobody shows any
concern; no one is concerned for the wretched, barefooted people.”
Do you imagine all that bombastic propaganda being broadcast on the
radio is true? Go and see for yourselves at first hand what state our
people are living in. Not even one, out of two hundred villages has a
clinic. No one is concerned about the poor and the hungry, and they do
not allow the measures Islam has devised for the sake of the poor to be
implemented. Islam has solved the problem of poverty and inscribed it at
the very top of its program: “Sadaqāt is for the poor.”[^110] Islam is
aware that first, the conditions of the poor must be remedied; the
conditions of the deprived must be remedied. But they do not allow the
plans of Islam to be implemented.
Our wretched people subsist in conditions of poverty and hunger, while
the taxes that the ruling class extorts from them are squandered. They
buy Phantom jets so that pilots from Israel and its agents can come and
train in them in our country.[^111] So extensive is the influence of
Israel in our country—Israel, which is in a state of war with the
Muslims, so that those who support it are likewise in a state of war
with the Muslims—and so great is the support the regime gives it, that
Israeli soldiers come to our country for training! Our country has
become a base for them! The markets of our country are also in their
hands. If matters go on this way, and the Muslims continue to be
apathetic, the Muslims will lose all say in the commercial life of the
country.
To return to the address of the Doyen of the Martyrs (‘a): “You have
not made proper use of your station. Not only you do nothing yourselves;
you fail to support the person who does want to do his duty. The only
source of concern and satisfaction for you is that you have the support
and respect of the oppressor, that he addresses you as ‘Noble Shaykh’!
What the nation suffers at the hands of the government is of no concern
to you. The disaster that has befallen you is greater than what has
befallen others for the true rank and degree of ‘ulamā has been taken
away from you. The administration of affairs and the implementation of
law ought to be undertaken by those who are knowledgeable concerning God
and are trustees of God’s ordinances concerning what is permitted and
what is forbidden. But that rank has been taken away from you.”
The Imām (‘a) could have said at this point: “What is my right has been
taken away from me, but you have not come to my aid,” or, “The rights of
Imāms have been taken away, but you have kept silent.” Instead, he spoke
of those “knowledgeable concerning God” (al-‘ulamā bi-’llāh), meaning
the religious scholars (rabbāniyūn) or leaders. Here he is not
referring to the philosophers or mystics, for the person knowledgeable
concerning God is the one who is learned in God’s ordinances. It is such
a person who is designated as a religious scholar (rūhāni or
rabbāni), naturally on condition that spirituality (rūhāniyyat) and
orientation to God Almighty be fully apparent in him.
The Imām went on: “But your position has been usurped from you, for no
other reason but that you have abandoned the pivot of truth and have
disagreed about the nature of the Sunnah, despite the existence of clear
proofs. But if you were to show strength in the face of hardship and
suffering for God’s sake, then the conduct of affairs, as willed by God,
would be restored to you; command and authority would be yours.”
If you were to act correctly and perform your duty, you would see that
the conduct of affairs would be bound over to you. If the form of
government willed by Islam were to come into being, none of the
governments now existing in the world would be able to resist it; they
would all capitulate. But unfortunately, we have failed to establish
such a government. Even in the earliest age of Islam, its opponents
hindered its establishment and prevented governments from being
entrusted to the person chosen by God and His Messenger precisely in
order to prevent what has happened.
“You allowed the oppressors to take away your functions.” When you
failed to perform your duties and abandoned the task of government, it
became possible for the oppressors to take over the position that was
legitimately yours. “You allowed the affairs of God to fall into their
hands, so they came to conduct them on the basis of their suppositions
and arbitrary desires. What enabled them to win this control was your
panic-stricken flight from being killed, and your attachment to the life
of this world. You have delivered the powerless into their clutches, so
that some of the people are now subjugated like slaves and others are
deprived of even their livelihood.” All of this applies to the age we
live in; in fact, it applies more fully to the present than to the time
of the Imām (‘a). “The rulers are entirely absorbed in the pleasures of
kingship, earning shame and disgrace for themselves with their
licentiousness, following evil counselors, and showing impudence toward
God. One of their appointed spokesmen mounts the minbar in each
city to tell lies.” In those days preachers would praise the oppressors
from the minbar. Today, radio stations fill the air with propaganda on
their behalf and maliciously misrepresent the ordinances of Islam.
“The earth is defenseless against them.” Now, too, the oppressors can
freely exploit the earth, without any obstruction; there is no one to
stand in their way. “They grab freely whatever they want [of the earth].
The people are their slaves and are powerless to defend themselves. One
ruler is an obstinate tyrant, while another represses his wretched
subjects ruthlessly, and still another refuses in his absolutism to
recognize God as the beginning and end of all things. Is it not
strange—how could one not think it strange—that the world is in the
clutches of cunning tyrants, oppressive tax collectors, and governors
who have no compassion for the believers under their rule?
“It is God Who will judge concerning what is at dispute among us, and
deliver a decisive verdict concerning all that occurs among us.
“O God! You know that everything we did was not prompted by rivalry for
political power, nor by desire for the chattels of this world. Rather,
it was done in order to demonstrate the signs of Your religion, to
reform the affairs of your land, to protect the oppressed among Your
servants, and to act in accordance with the duties, norms, and
ordinances You have established.
“So, O scholars of religion! Help us reach our goal and obtain our
rights. The oppressors will wax strong in their efforts against you and
will attempt to put out the light kindled by your Beloved [the Prophet].
But God suffices us; upon Him do we rely, to Him we do turn, and to Him
is our journeying.”
As we said, the entire address from beginning to end is addressed to
the ‘ulamā. There is no indication that the person intended by the
expression “those knowledgeable about God” are the Imāms (‘a). They are
the scholars of Islam, the rabbāniyyūn. The designation rabbāni
refers to one who believes in God, fulfills God’s ordinances, and is
knowledgeable concerning those ordinances, as a trustee of God’s decrees
concerning what is permitted and what is forbidden.
When the Imām (‘a) said that the conduct of affairs belongs to the
‘ulamā,he did not mean to restrict this function to a period of ten or
twenty years, or simply to the city and people of Medina. It is apparent
from the whole speech that his meaning was more universal, that he had
in mind a vast community that would undertake the establishment of
justice.
If the ‘ulamā who are the trustees of God’s decrees concerning what
is permitted and what is forbidden, and who possess the two
characteristics of knowledge and justice as set forth above—if they were
to implement God’s ordinances, to execute the penal provisions of the
law, and generally to conduct and administer the affairs of the Muslims,
the people would no longer be hungry and wretched and the laws of Islam
would no longer be in abeyance.
The tradition containing this noble speech, then, is part of the
evidence supporting our thesis, the governance of the faqīh. Were its
chain of transmission not weak, we could cite it as a direct proof.
Even as it stands, we might say that the content of the tradition, being
veracious, bears witness that it was uttered by one of the
ma‘sūmīn.[^112]
We have now completed our discussion of the governance of the faqīh;
we have nothing further to say on the subject. There is no need to go
into details such as the manner in which zakāt is to be collected or
spent, or how the penal provisions of the law are to be implemented. We
have set forth the main principles of the subject and shown that the
same governance that was exercised by the Most Noble Messenger (s), and
by the Imāms (‘a), is also the prerogative of the fuqahā. There can be
no doubt about this. If there is any evidence, however, that in certain
specific cases the faqīh does not possess the same right of
governance, we naturally exclude such cases from the operation of the
general rule.
As I stated previously, the subject of the governance of faqīh is not
something new that I have invented; since the very beginning, it has
been mentioned continually.
The ruling given by the late Mīrzā Hasan Shirāzi[^113] prohibiting the
use of tobacco was in effect a governmental ruling; hence all other
fuqahā were obliged to follow it, and indeed the great ‘ulamā of
Iran did follow it, with only a few exceptions. It was not a judicial
ruling on a matter being disputed by a few individuals, based purely on
his own determination. It was instead a governmental ruling based on the
interests of Islam and the Muslims and his determination of a secondary
consideration (‘unvān-i-sanavi).[^114] As long as this secondary
consideration obtained, the ruling retained its validity, and when the
consideration no longer applied, the decree also ceased to apply.
Again, when Mīrzā Muhammad Taqi Shirāzi[^115] gave orders for
jihād—or “defense,” they called it—all the ‘ulamā obeyed, because
his order was a governmental ruling.
It is related that the late Kāshif al-Ghitā[^116] also used to expound
much of what I have said. Among other modern scholars, the late Narāqi
also was of the opinion that the fuqahā are entitled to exercise all
the worldly functions of the Most Noble Messenger (s). The late Nā’ini
also believed that the doctrine of the governance of the faqīh may be
deduced from the maqbūla of ‘Umar ibn Hanzalah.[^117]
In any case, this subject is by no means new. I have simply examined it
at greater length with reference to the different branches of
government, to give the subject greater clarity for my listeners. In
accordance with the commands of God Almighty, as expressed in His Book
and by the tongue of His Most Noble Messenger (s), I have also set forth
certain matters of importance to the present age.
We have stressed the main principles of the subject. Now it is up to
the present and future generation to discuss it further and reflect upon
it, and to find a way to translate it into reality, eschewing all forms
of apathy, weakness and despair. God Almighty willing, by means of
mutual consultation and the exchange of views, they will develop a
method for establishing an Islamic government with all its various
branches and departments. They will entrust the affairs of government to
persons who are honest, intelligent, believing, and competent and remove
traitors from the control of the government, the homeland, and the
treasury of the Muslims. Let them be assured that God Almighty is with
them.
[^1]: It is referring to the Prophet’s appointment of Imām ‘Ali as his successor at a gathering near the pool of Khumm during his return to Medina from Mecca, after having performed the last pilgrimage in his life. See Muhammad Bāqir as-Sadr, Ghadīr (Qum: Ansariyan Publications); Ahlul Bayt Digital Islamic Library Project, The Event of Ghadīr Khumm in the Qur’ān, Hadīth, History, http://www.al-islam.org/ghadir. An article entitled, Did the Prophet (s) Appointed a Successor translated in various languages of the world is available at: http://www.al-islam.org/nutshell. (Pub.)
[^2]: The attribution of errors to Abū Bakr and ‘Umar and deviations to ‘Uthmān is a part of Shī‘i belief and is entirely to be expected in this context. See Ibn Abil Hadīd, Sharh-i Nahj al-Balāghah, vol. 2, commentary on Sermon 30, pp. 126-161 and pp. 324-333; vol. 3, commentary on Sermon 43, 3-69; vol. 9, commentary on Sermon 135, pp. 3-30; and Al-Ghadīr, vol. 8, pp. 97-323. Worthy of note, however, is the statement here that Abū Bakr and ‘Umar adhered to the example of the Prophet in their personal lives. See also the statement on p. 37. (Pub.)
[^3]: Hijāz: the region in Western Arabia that includes Mecca and Medina.
[^4]: Bihār al-Anwār, vol. 40, p. 324.
[^5]: After the Revolution, extensive evidence came to light of misappropriation of the religious endowment. Land was being given to cabaret singers and members of the royal family by the state-controlled administration of the endowments. See the articles on this subject in the Tehran daily Kayhān, Isfand 27, 1357/March 18, 1979. Concerning attempts by the regime to build a cinema in Qum, see S.H.R., Barrasī va Tahlīlī az Nihzat-i Imām Khumaynī (Najaf? 1356 Sh./1977), pp. 103-104.
[^6]: A reference to the coronation ceremonies of 1967.
[^7]: Concerning the precise meaning of “justice,” see n. 21 above.
[^8]: Imām ‘Ali (‘a) said: “O men! The most qualified among men for the caliphate is he who is most capable and knowledgeable of Allah’s commands.” Nahj al-Balāghah, Sermon 172. See Al-Ihtijāj, vol. 1, p. 229; Bihār al-Anwār, vol. 25, “Kitāb al-Imāmah,” “Bāb Jamī‘ fī Sifāt al-Imām,” p. 116. (Pub.)
[^9]: The reference here is to certain shortcomings Shī‘ah traditionally perceived in the exercise of rule by Abū Bakr. See ‘Allāmah Hilli, Kashf al-Murād fī Sharh Tajrīd al-I’tiqād, ‘Destination’ (Maqsad) 5, ‘Issue’ (Mas’alah) 6. (Pub.)
[^10]: Imām Ja‘far as-Sādiq (‘a) said: “The king is sovereign over the people while the scholar is the authority over the king.” Bihār al-Anwār, vol. 1, “Kitāb al-‘Ilm,” sec. 1, hadīth 92, p. 183. (Pub.)
[^11]: Fuqahā: the plural of faqīh (see n. 1 above).
[^12]: The words of God’s since they are Qur’anic, but in the context in which they appear, the speaker is Abraham. After asking God that prophethood be vested in his progeny, Abraham excludes any of his descendants who might be wrongdoers from exercising the prophetic function. For an elaborate commentary on this verse (Q 2:124), see Mīr Ahmad ‘Ali, Text, Translation and Commentary of the Holy Qur’an (Elmhurst, NY: Tahrike Tarsile Qur’an, Inc., 1988), pp. 146-154, http://www.al-islam.org/quran. (Pub.)
[^13]: Occultation: see n. 27 above.
[^14]: The “governance” (vilāyat) of the faqīh is extrinsic (i‘tibārī) to his person; he exercises it only by virtue of the acquired attribute of just faqīh.
[^15]: Taxable lands: those acquired by the Muslims under the Prophet (s) or the Islamic ruler. These lands belong to all Muslims and therefore non-sellable. The Islamic government leases them and their accrued income is called kharāj. (Pub.)
[^16]: The “governance” (vilāyat) of the Imāms is intrinsic to their persons, unlike that of the fuqahā; moreover, its scope is not limited to men but embraces the whole of creation. They therefore exercise “cosmic governance” (vilāyat-i takvīnī), in part through the performance of miracles. This form of vilāyat is common to the Imāms and to the foremost of the prophets, who exercised a governmental function while also propagating a divine message. The statement here that “no one can attain the spiritual status of the Imāms, not even the cherubim or the prophets” thus carries the strict sense that the Imāms are superior to those prophets whose mission lacked the dimension of governmental leadership. Concerning the different types of vilāyat, see Murtazā Mutahhari, Valīhā va Vilāyat-hā (Qum, 1355 Sh./1975), which was translated into English by Mustajab Ansāri under the title Master and Mastership (Karachi: Islamic Seminary Publication, 1980) and by Yahyā Cooper as Wilāyat: The Station of the Master (Tehran: World Organization for Islamic Services, 1982); http://www.al-islam.org/mastership. (Pub.)
[^17]: Concerning these attributes of the Imāms, see Henri Corbin, Histoire de la philosophie islamique (Paris, 1964), pp. 74 ff; Sayyid Saeed Akhtar Rizvi, Imamate: Vicegerency of the Prophet, anno. Sayyid Muhammad Akhtar Rizvi (Tehran: WOFIS, 1986);Sayyid Mujtabā Mūsāwi Lāri, Imamate and Leadership, trans. Hamid Algar (Qum: Foundation for Cultural Propagation in the World);Sayyid Muhammad Rizvi, Shī‘ism Imamate and Wilāyat (Qum: Ansariyan Publications, 2000). (Pub.)
[^18]: The archangel Jibrā’īl (Gabriel) accompanied the Most Noble Messenger on his mi‘rāj (ascension to the divine presence), but being of lowlier station than the Messenger, he was unable to endure the splendor of the divine presence. See Bihār al-Anwār, vol. 18, “bāb ithbāt al-mi‘rāj wa ma‘nāhu wa kayfiyyatah,” p. 382. (Pub.)
[^19]: A well-known tradition relating to the mi‘rāj.
[^20]: Fātimah, the daughter of the Prophet, shared in the exalted states of the Prophet and the Twelve Imāms in that she possessed the same quality of ‘ismat (divinely bestowed freedom from error and sin) that they did. As daughter of the Prophet and wife of the first Imām, she served, moreover, as a link between the Prophet and his successors. See Ibrāhīm Amīni and Sayyid Kāzim Qazvīni, Fatima the Gracious, trans. Abū Muhammad Ordoni (Qum: Ansariyan Publications). (Pub.)
[^21]: Ibn ‘Abbās: more fully, ‘Abdullāh ibn ‘Abbās ibn ‘Abdul Muttalib (3 B.H.-68 A.H.) was a cousin of the Prophet and ‘Ali, who learned the science of Qur’anic exegesis from the latter and known as “chief of the exegetes” and “scholar of the community”. He had been one of Imām ‘Ali’s commanders in the Battles of Jamal, Siffīn and Nahrawan. (Pub.)
[^22]: Nahj al-Balāghah, Sermon 33, p. 76. (Pub.)
[^23]: Nahj al-Balāghah, p. 50.
[^24]: Nahj al-Balāghah, Sermon 3 (Shaqshaqiyyah Sermon). (Pub.)
[^25]: Nahj al-Balāghah, pp. 188-189.
[^26]: Nahj al-Balāghah, Sermon 131 on p. 31 of the present volume. (Pub.)
[^27]: Mālik Ashtar: more fully, Mālik ibn Hārith from Nakha’a and famous as al-Ashtar, was among the prominent commanders of Imām ‘Ali’s army and the governor appointed to Egypt by Imām ‘Ali. He accompanied the Imām in the Battles of Jamal and Siffīn. On his way to Egypt, he was killed through the conspiracy of Mu‘āwiyah. For the text of the Imām’s famous instructions to him before setting forth to Egypt, see Nahj al-Balāghah, Letter 53, pp. 426-445. A complete translation is contained in William C. Chittick, A Shī‘ite Anthology (Albany, N.Y., 1980), pp. 68-82. (Pub.)
[^28]: Shaykh Sadūq: also known as Ibn Babūyah, one of the most important of the early Shī‘i scholars. He died in 381/991. For his short biography and works, see the introduction of Shaykh as-Sadūq, I’tiqādātu ’l-Imāmiyyah: A Shī‘ite Creed, 3rd Ed., trans. Asaf A. A. Fyzee (Tehran: World Organization for Islamic Services, 1999), pp. 6-23. (Pub.)
[^29]: Jamī‘ al-Akhbār: a collection of Shī‘I traditions. ‘Uyūn Akhbār ar-Ridhā: a collection of traditions relating to Imām Ridā, compiled by Shaykh Sadūq for Sāhib ibn ‘Abbād, celebrated minister of the Buwayhid dynasty and patron of learning. Al-Majālis: also known as al-Amali, the record of a series of discourses given by Shaykh Sadūq concerning all aspects of Shī‘i Islam.
[^30]: Musnad: a hadīth that goes back to the Prophet by an unbroken chain of transmission.
[^31]: Mursal: a hadīth whose chain of transmission goes only as far back as a “follower” (member of the second generation of Islam) who does not mention the name of the companion of the Prophet from whom he heard it.
[^32]: That is, there is a functional distinction between the scholar of hadīth and the faqīh, although it is possible for a single individual to embody the two functions.
[^33]: Kulayni: see n. 30 above.
[^34]: Shaykh Sadūq: see n. 73 above.
[^35]: Shaykh Mufīd: the common designation of Abū ‘Abdullāh Muhammad ibn Muhammad ibn Nu‘mān al-Hārithi (d. 413/1022) who was a great Shī‘ah jurist, traditionist and scholar of scholasticism. Notable among his disciples were Sayyid Murtadā ‘Allama al-Hudā, Sayyid Rāzi, Shaykh Tūsi, and Najashi. Aroung 200 works are attributed to him, from which we can cite Kitāb al-Irshad, Ikhtisās, Awā’il al-Maqālāt, ‘Amali, and Maqna‘ah.See Shaykh Mufīd, Kitāb al-Irshād: The Book of Guidance into the Lives of the Twelve Imāms, trans. I.K.A. Howard (Karachi: Islamic Seminary Publications), introduction, pp. xxi-xxvii; Martin J. McDermott, The Theology of al-Shaikh al-Mufīd (Beirut: Dar al-Mashreq, 1978), introduction, pp. 8-45.(Pub.)
[^36]: Fiqh: jurisprudence; the discipline devoted to the study of the principles and ordinances of Islamic law.
[^37]: Taqiyyah: see n. 16 above.
[^38]: Ijtihād: see n. 4 above.
[^39]: A well-known tradition that has led to the compilation of anthologies of forty hadīth intended for memorization by those who wish to attain the promised reward.
[^40]: Samūrah ibn Jundab: more fully, Abū Sa‘īd Samūrah ibn Jundab al-Qazāri, a companion of the Prophet who accompanied him in numerous battles. He later settled in Basrah, where he temporarily acted as governor on a number of occasions during the rule of Mu‘āwiyah, first Umayyad caliph.
[^41]: One of the two weak traditions referred to here is probably: “The sultan is the shadow of God upon earth; whoever respects him, respects God, and whoever affronts him, affronts God.” For a critique of this alleged tradition, see Nāsir ad-Dīn al-Albāni, Silsilat al-Āhādīth ad-Da‘īfa wa’l-Maudū‘a (Damascus, 1384/ 1964), I, i, 98. The other weak tradition may be that says: ‘Whoever wishes long life for a king will be resurrected together with him’. See Islam and Revolution, p. 220.
[^42]: For example, there is a tradition that says: “A word of truth spoken in the presence of an unjust ruler is a meritorious form of jihād,” and two others close with the phrase “there is no obeying the one who disobeys God.” For these and similar traditions, see ‘Abdullāh Fahd an-Nafīsi, ‘Indamā yahkum al-Islām (London, n.d.), pp. 142-146.
[^43]: Imām Abū ’l-Hasan Mūsā, son of Ja‘far: seventh of the Twelve Imāms, and generally known as Imām Mūsā al-Kāzim. He was born in Medina in 128/744 and died in prison in Baghdad in 183/799.
[^44]: See Shaykh Abū Ja‘far al-Kulayni, al-Kāfi, Eng. trans. Sayyid Muhammad Hasan Rizvi (Tehran: WOFIS, 1398/1978), I, ii, 94-95.
[^45]: Shāh Sultān Husayn was the last monarch of the Safavid dynasty, which ruled over Iran from the beginning of the sixteenth century until the second decade of the eighteenth. Among the least competent of the Safavid rulers, he devoted his energies to debauchery and failed to organize the defense of his capital city, Isfahan, against Afghan invaders, to whom it fell in 1722 after a six-month siege. See L. Lockhart, The Fall of the Safavid Dynasty (Cambridge, 1958), pp. 144-170.
[^46]: See n. 2 above.
[^47]: Part of a long hadīth concerning a dream in which the Messenger foresaw the misdeeds of the Umayyads.
[^48]: The expression translated here as “leadership” is imāmat-i i‘tibāri; see n. 62 above.
[^49]: Khumayn: the native town of Imām Khomeini.
[^50]: Since the Imām of the Age—i.e., the Twelfth Imām—will emerge from his occultation at the time when injustice fills the earth, it has sometimes been thought that all positive action to remedy injustice must be postponed until his coming.
[^51]: See Kulayni, al-Kāfi, I, ii, 188-119.
[^52]: Mufti: a scholar who pronounces an authoritative opinion (fatwā) on a point of law.
[^53]: Usāmah: that is, Usāmah ibn Zayd, a beloved companion of the Prophet who was placed in charge of a military expedition when he was only eighteen. He died in 59/679.
[^54]: See n. 21 above.
[^55]: Shāhi: now obsolete, formerly the smallest unit of Iranian currency, worth one-twentieth of a rial.
[^56]: Mu‘āwiyah: first of the Umayyad caliphs and an adversary of Imām ‘Ali. He ruled from 41/661 to 60/680.
[^57]: See n. 30 above.
[^58]: Yā-Sīn is the thirty-sixth chapter of the Qur’an. Its recitation is recommended as particularly meritorious on certain occasions, among them Thursday night, because it leads into Friday, the best of all days.
[^59]: Shurayh: more fully, Abū Umayyah Shurayh ibn al-Hārith al-Kindi, judge of Kūfah appointed by ‘Umar. He retained this position under ‘Uthmān, ‘Ali, and the Umayyads and died a centenarian in 87/706. It is said that he sided with Ibn Ziyād and instigated the people against Imam Husayn in the ‘Āshūrā uprising. (Pub.)
[^60]: From Wasā’il ash-Shī‘ah, a Shī‘i collection of traditions by Muhammad Hasan al-Hurr al-‘Āmili (d. 1104/1693).
[^61]: Fatwā: the plural of fatwā (an authoritative opinion on a point of law).
[^62]: Narāqi: that is, Hājj Mullāh Ahmad Narāqi, a scholar of importance in the early nineteenth century, d. 1244/1829. He not only was a prolific author, but also clashed repeatedly with the monarch of his day, Fath ‘Ali Shāh. See Hamid Algar, Religion and State in Iran, 1785-1906 (Berkeley, 1969), pp. 57, 89.
[^63]: Nā’ini: that is, Mīrzā Muhammad Husayn Nā’ini, an important scholar of the early twentieth century, 1277/1860-1354/1936. Concerning his book on Shī‘i political theory, Tanbīh al-Ummah wa Tanzīh al-Millah, see ‘Abdul-Hādi Hā’iri, Shi‘ism and Constitutionalism in Iran (Leiden, Netherlands, 1977), pp. 165-220.
[^64]: Sulaymān ibn Khālid: more fully, Sulaymān ibn Khālid ibn Dehqān ibn Nāfilah, was a reciter, jurist, traditionist, and a trustee and confidant of Imāms al-Bāqir and as-Sāqid (‘a). (Pub.)
[^65]: Imām Ja‘far as-Sādiq: sixth of the Twelve Imāms, 83/702-140/757. Also referred to as Imām Sādiq, he was particularly important for his role in developing the religious sciences. See Shaykh Mohammed al-Husayn al-Muzaffar, Imām Al-Sādiq, trans. Jāsim al-Rasheed (Qum: Ansariyan Publications, 1998). (Pub.)
[^66]: The technical sense of the word imām is that which it requires when applied to the Twelve Imāms, who were not only successors to the Prophet but also endowed with lofty spiritual virtues.
[^67]: Ikmāl ad-Dīn wa Itmām an-Ni‘mah: a work by Shaykh Sadūq on the occultation of the Imām.
[^68]: Imām of the Age: the Twelfth Imām. See n. 95 above.
[^69]: Muhammad ibn ‘Uthmān al-‘Umari: the second deputy of the Imām during the Lesser Occultation. See n. 27 above.
[^70]: The designation hujjat (“proof”) given to the Imāms has a two-fold sense. First, through the qualities they manifest, they are proofs of the existence of God and of the veracity of the religion He has revealed. Second, they constitute proofs to be advanced on the Day of Judgment against those who claim they were uninformed of God’s law. See ‘Abdul ‘Azīz ‘Abdulhussein Sachedina, Islamic Messianism (Albany, N.Y., 1980), pp. 66-67.
[^71]: Zurārah: more fully, ‘Abd Rabbih ibn A‘yan Shaybāni al-Kufi al-Zurārah, an authority on the traditions of the fourth, fifth, and sixth Imāms, d. 150/767. Scholars of ‘ilm ar-rijāl (science of hadīth transmitters’ biographies) have affirmed his reliability. He was known to have authored the books Al-Istitā‘ah and Al-Jabr. (Pub.)
[^72]: Sadaqah: voluntary payments collected by the Muslim state to be spent for purposes of charity.
[^73]: The Shāh organized his vulgar and criminally extravagant celebration of two-and-a-half millennia of monarchical rule in October 1971, some two years after these lectures were given in Najaf. Preparations for the event, however, were begun in the late 1960’s. See also Islam and Revolution, pp. 200-208.
[^74]: In 1967 the Shāh had himself and his wife crowned.
[^75]: Maqbūlah: a hadīth to which one may make acceptable reference.
[^76]: See, for example, Ismā‘īl Haqqi al-Burūsawi, Ruh al-Bayān (Istanbul, 1390/1970), II, 227-228.
[^77]: See, for example, Tabātabā’i, al-Mīzān, IV, 385.
[^78]: Dhimmi: one of the ahl adh-dhimmi, concerning whom see n. 35 above.
[^79]: The Bani Qurayza was a Jewish tribe inhabiting Medina. During the Battle of the Ditch (Ghazwat al-Khandaq) in the fifth year of Islam, they collaborated with a Meccan force that came to attack the city. The menfolk of the tribe were put to death for their treachery. See chapter 38, “The Last Stage of Mischief,” of Āyatullāh Ja‘far Subhāni’s The Message (Karachi: Islamic Seminary Publications), http://al-islam.org/message/index.htm. (Pub.)
[^80]: Usāmah: see n. 98 above.
[^81]: The reference to customary law (‘urf) is not intended to sanction, but merely to clarify, existing judicial practice.
[^82]: This tradition is contained in al-‘Āmili, Wasā’il ash-Shī‘ah, XVII, 98.
[^83]: Harām: categorically forbidden by religious law.
[^84]: See Qur’an, 2:256.
[^85]: See al-‘Āmili, Wasā’il ash-Shī‘ah, XVIII, 100.
[^86]: Here, “disbelief” implies disobedience. See p. 92.
[^87]: This tradition is quoted in Kulayni, al-Kāfi, I, ii, 85-86.
[^88]: Kulayni, al-Kāfi, I, 78-79.
[^89]: There are a number of works by this title. The reference here may be to the Qur’an commentary written in the eleventh/seventh century by Ziyā ad-Dīn Yūsuf Qazvīni. See Āqā Buzurg Tehrāni, Adh-Dhāri‘ah ilā Tasānif ash-Shī‘ah (Tehran, 1390/1970), XX, 23.
[^90]: After the death of the Prophet (s), his daughter Fātimah asked for the arable lands near Fadak (a small town near Medina) to be assigned to her as a legacy from her father, since in his lifetime the Prophet had used the produce of the land for the upkeep of his wives. Abū Bakr refused, citing the alleged words of the Prophet: “We prophets bequeath no legacies; what we leave behind is charity (sadaqah).” See al-Balādhūri, al-Futūh, ed. de Goeje (Leiden, Netherlands, 1886), pp. 29-33. For Shī‘i tradition, Fadak became a symbol of unjust denial. “The Shī‘ah traditionists and exegetes and some Sunni scholars write: “When the verse: Give the kinsmen his due, and the needy, and the wayfarer…(Sūrah Isrā, 17:26) was revealed the Prophet called her daughter Fātimah and made over Fadak to her” [Majma‘ al-Bayān, vol. III, p. 411; Sharh-i Ibn Abi ’l-Hadīd, vol. XVI, p. 248]. And the narrator of this incident is Abū Sa‘īd al-Khudri who was one of the distinguished companions of the Prophet.” Subhāni, The Message, chap. 44, “The Story of Fadak,” http://www.al-islam.org/message/45.htm.
[^91]: Nass: a clear and authoritative text, unequivocal in its meaning.
[^92]: Narāqi (n. 107 above) wrote a comprehensive book on the principles of fiqh entitled ‘Awā’id al-Ayyām min Qawā‘id al-Fuqahā al-A‘lam.
[^93]: Fiqh-i Razāvi: a work purporting to contain the legal pronouncements of Imām Ridā, of disputed authenticity. See Tehrāni, adh-Dhāri‘ah, XVI, 292-293.
[^94]: See n. 74 above.
[^95]: Mustadrak: that is, Mustadrak al-Wasā’il, a supplement to Wasā’il ash-Shī‘ah (see n. 105) composed by Mīrzā Husayn Nūri (d. 1320/1902).
[^96]: Possibly Ghurār al-Farā’id was Durār al-Qalā’id, a work on the principles of fiqh by Muhsīn ibn Hasan al-A’raji (d.1227/1812). See Tehrāni, Adh-Dhāri‘ah, XVI, 41-42.
[^97]: Tuhāf al-‘Uqūl: a collection of sermons and aphorisms of the Imāms compiled by Shaykh Muhammad al-Halabi, a contemporary of Shaykh Sadūq and teacher of Shaykh Mufīd.
[^98]: Mīnah: a small town near Mecca.
[^99]: Imām Khomeini quotes the Arabic text of the tradition before giving his own translation in Persian. We have rendered into English only the Persian translation, which is slightly fuller in parts than the Arabic original.
[^100]: That is, the social contracts that establish the institutions of society and determine social relations in Islam. (Kh.)
[^101]: That is, Islamic relationships based upon the oath of loyalty sworn to the Prophet and similar pledge to obey and follow his successors, ‘Ali and his descendants, given to the Prophet at the pool of Khum. (Kh).
[^102]: Minbar: the pulpit in the mosque.
[^103]: See, for example, 2:168, 4:170, 7:150, 10:57, and many other verses.
[^104]: The word awliyā—like the cognate wilāyat—has numerous different meanings. It is used here in the general sense that can be deduced from Qur’an, 10:62-63: “Verily the friends (awliyā) of God—those who believe and guard against evil—shall suffer no fear nor shall they grieve.”
[^105]: Evil innovation: bid‘at, a belief or practice not compatible with either the Qur’an or the Sunnah.
[^106]: Masjid al-Aqsā: see n. 37 above.
[^107]: Among the different schools of Islamic law, the Shī‘I school manifests the greatest disapproval of music. Music in a public place is doubly reprehensible since it is an imposition on the unwilling listener.
[^108]: There are certain circumstances that may dispense one from fasting during Ramadān, notably illness, but out of respect for the sanctity of the month and the fasting of others, one must refrain from eating in public.
[^109]: A reference to the agitation against the new laws on the election of local councils promulgated by the Shāh’s regime on October 6, 1962. These laws no longer specified that candidates were to be Muslim, and they were seen as a prelude to increased participation in public life by the Bahā’is and eventual abolition of the Constitution of 1906. After a prolonged campaign against the laws, in which Imām Khomeini took a prominent part, they were annulled by the government on November 28, 1962. See S.H.R., Barrasī va Tahlīlī, pp. 142-187.
[^110]: Qur’an, 9:60.
[^111]: One indication of the close ties existing with Israel was the regular contacts that took place between Iranian generals and high-ranking members of the Zionist armed forces. For example, General Palizban met in Occupied Palestine with Moshe Dayan and Arik Sharon, most probably in 1974. Photographs of the meeting, showing all participants with cordial smiles, were discovered after the Revolution and published in the newspaper Jumhūrī-yi Islāmī on Shahrīvar 26, 1359/September 17, 1980.
[^112]: Ma‘sūmīn: those possessing the quality of ‘ismat (see n. 67 above); i.e., the Prophet, Fātimah, and the Twelve Imāms. See A Brief History of the Fourteen Infallibles (Tehran: WOFIS); Sayyid Murtadā al-‘Askari, The Twelve Successors of the Holy Prophet (s), http://www.al-islam.org/twelve. (Pub.)
[^113]: Mīrzā Hasan Shirāzi: a mujtahid, d. 1312/1894. After the production and marketing of tobacco in Iran had been made the monopoly of a British company, he declared in December 1891 that “the use of tobacco is tantamount to war against the Imām of the Age.” In obedience to his declaration, all of Iran boycotted tobacco, forcing the cancellation of the concession in early 1892. See Algar, Religion and State, pp. 205-215.
[^114]: “Secondary consideration”: ‘unvān-i sanavi, a contingent circumstance of legal significance. Tobacco as a substance was religiously unobjectionable; it was the circumstance of the British monopoly that furnished the legal grounds for its prohibition.
[^115]: Mīrzā Muhammad Taqi Shirāzi: a pupil of Mīrzā Hasan and an important Shī‘ah scholar, d. 1338/1921. He was a leading force in the resistance by the Shī‘ah ‘ulamā opposed to the imposition of British rule on Iraq at the end of World War I. See Muhammad Hirz ad-Dīn, Ma‘ārif ar-Rijāl (Najaf, 1384/1964), II, 215-218.
[^116]: Kāshif al-Ghitā: more fully, Muhammad Husayn Kāshif al-Ghitā, a leading Shī‘ah scholar of Iraq, 1295/1876-1373-1954. He was active politically as well as academically throughout his life. See the biographical introduction to his Asl ash-Shī‘ah wa Usūluhā, 7th ed. (Beirut, 1377/1957), pp. 7-21. The book is translated into English as The Origin of Shī‘ite Islam and Its Principles (Qum: Ansariyan Publications). (Pub.)
[^117]: See p. 79.