The Political Dimension of Religion in Shiism
- the Holders of Authority During the Age of Occultation of Imam Mahdi =======================================================================
After the death of Prophet Mohammad, Ali and his descendents exercised God vice regency on earth. This authority and governance in both religious and political matters was to remain theirs until the end of time. What can we say about authority and legitimacy in the time of occultation of the Mahdi, a time we are now experiencing according to Shia Doctrine?
We are currently living in the age of the Twelve Imam, the Mahdi. He is found in a state of occultation. Does it mean that being in this state of occultation he does not govern the Shia society? Occultation of the Imam is divided according to Shia in the minor and major occultation.
During the time of minor occultation, the Mahdi had appointed public deputies to guide the Shia in his absence. What does Shia Doctrine say about the Great Occultation? Has the deputation stop in the time the Shia community is currently experiencing?
According to Shia political doctrine, authority bestows upon a deputy by the infallible Imam and we can observe there is an important distinction between the specific designation of a deputy, and the 'general' designation of a number of deputies.
As while, there was an explicit nomination for each of the Imams to undertake leadership, and for the vice regency of the four deputies during the minor absence, the guardianship of the jurists during the greater absence is a 'general' designation. This means that no one is exclusively appointed as leader and deputy. Therefore, jurists who are just and qualified in Islamic jurisprudence have the right to exercise the Imam's authority as his deputies.
Regarding the leadership of the Islamic community during the period of greater occultation, the authority as well as leadership is entrusted to the just and capable scholar, who acts as a deputy to the absent Imam, through a system of vice regency. So the guardianship of a jurist is legitimized and his authority is related to the original and absolute authority of God.
In plus the jurist must be accepted by believers. As I mentioned above, a clear distinction should be drawn, however, between the authority of an imam and the guardianship of the scholars.
The Imams, whose authority is established upon their explicit designation by the Prophet, delegate and entrust a degree of their authority to those who possess specific qualities (such as justice and jurisprudence in the case of the scholar). Therefore, whereas the Imams were specifically appointed as guardians of legitimate authority, the jurists are not explicitly selected by name, but rather implicitly chosen as those who possess the correct qualities for leadership.
God has appointed prophets to run humanity in spiritual as well as in social and political matters. The last prophet appointed imams as legitimate holders of authority in religious as well as in political and social matters. Therefore, it is only logic to assume that in an era of occultation, the present Imam appointed his deputies to order in matters religious as well as political and social.
The doctrine of "guidance of the jurisprudent"( wilayat-e-faqih) forms the central axis of contemporary Shia political thought, advocating a guardianship based political system, which relies upon a just and capable jurist to assume the leadership of the government in the absence of an infallible Imam.
Today, in a time of the Hidden Imam, the guidance of the jurisprudent is the authority designated to learned jurist so that they may direct and advise the Muslim community in the absence of an infallible Imam. This authority derives from the Imam; therefore, the believers have the religious duty to obey their commands as the only legitimate authority.
The concept of leadership encompasses many degrees of authority, summing up to the total scope of the scholar's vice regency in the absence of an infallible Imam.
Some erroneously assume that it is something new and in essence distinguishable from the traditional status of marjayat. This misunderstanding is caused by a lack of attention to the definitions of and the relationship between 'wilayat' and 'marjayat' and the distinction between 'fatwa' and 'hukm' (the commands of faqih as wali, leader).
This misunderstanding comes from the wrong conception that the role of a marja'a taqlid is solely a juridical authority to whom the Muslim community may refer to in the case of religious questions and commandments concerning the practical and personal side of Islam. However, this definition is not comprehensives as it concentrates itself exclusively on one of the legitimized functions of a jurist, while overlooking the others.
He is an expert in Islamic Law, a guide and proof of God's existence, a model to follow and a leader as the deputy of the imam. He is wali (leader) when he acts as a leader of someone and a marja'a taqlid when he is referred to in religious matters.
Wilayat al-faqih refers to the all-comprehensive authority of the jurist (faqih) in the absence of the twelfth Imam. "Wilayat al-faqih" may include functions like wilayat al-nizam (the authority to manage public order), wilayat al-qada (the authority to administer justice), wilayat al-siyasa (the authority to administer a government and hold political office and wilayat al-tasarruf (authority for the jurist to act in a way that he judges to be the best in the interest of the community).
A corollary to the wilayat al-faqih may include the duty to declare a jihad. It is to be noted that not all mujtahids accept the concept of the all-embracing and comprehensive view of wilayat al-faqih.
Marja al-taqlid refers to the role of a mujtahid who is competent to derive juridical rulings from the Quran and hadith literature and is able to arrive at solutions that are not explicitly stated in the sources, by having recourse to the principles as stated in usul al-fiqh. Such a mujtahid is qualified to issue juridical verdicts (or fatwa) and is a source of reference for followers, who pursue him by doing his taqlid (which literally means to imitate his acts).
Thus, it is possible for a person to be a marja al-taqlid without occupying the position of wilayat al-faqih. In addition, the other way around in also accepted, since in the Iranian constitution the leader is not obligatory a marja, and can be a simple mujtahid having leadership and managerial abilities.
Wilayat is a part of marjayat in the culture of the Shia.
The great marjas not only guided people with respect to the divine Law, but they also led people in the particular problems of society, for example when judging between people in particular matters and domestic disputes. The reason that the jurisprudent is an authority in matters of the law is because of his specialization in jurisprudence and his power to derive the rules of God from their sources. The reason aside from the above-mentioned qualities, for a jurisprudent to become a leader depends on his ability to manage society according to the principles and values of Islam.
It is because of this that it becomes possible for a person to be chosen as a leader due not so much to his aptitude in jurisprudence as much as to his better management skills. The separation of the offices of the marja and the leader becomes a reasonable, and in some instances, a necessary expedient. In principle, leadership is confined to a single person, whereas the marjayat is applicable to numerous individuals, just as does the possibility that the two offices to be combined in a single individual.
Since following the orders of the leader is obligatory upon all people, including other jurisprudents, and it is forbidden to disobey his orders, hence it is not possible for people to follow other than the leader in matters related to the social order and the running of society.
What was said above regarding the authority of the jurisprudent was in reference to the individual order and to matters of a personal nature; it is in these matters that people can follow other than the leader.
When the jurisprudent refers to the religious sources in order to obtain the general rule of God regarding a certain problem and uses the special techniques that exist for obtaining the rules of the Law, it is called giving an edict or "fatwa". When the leader pays attention to the general rules of God, the various systems in Islam, and the conditions of the time, and according to these delineates a person's or a specific group's responsibility with regards to a certain matter, this is called giving an order or a "hukm".
In doing this, he not only pays attention to the general rules of Islam and the lofty aspirations of the religion, but also to the specific conditions that exist in that time. The rules of God and the edicts of the jurisprudent who has all the necessary qualifications are mandatory, just like the rulings of the leader, but with this difference that the jurisprudents rulings are mandatory to him and his followers only, while everyone must follow the orders of the leader.
According to the logic of the "leadership of the jurisprudent" and its proofs, the jurisprudent takes upon himself the management of society and in accordance with the values of Islam, he takes on the responsibility of leadership. Nevertheless, marjayat means simply to issue an edict and is a completely different matter.
The reason that the jurisprudent is an authority in matters of the law is because of his specialization in jurisprudence and his power to derive the rules of God from their sources. On the other hand, the reason that a leader is what he is is because aside from the aforementioned qualities, he has the ability to manage society according to the principles and values of Islam.
It is because of this that it becomes possible for a person to be chosen as a leader due not so much to his aptitude in jurisprudence as much as to his better management skills. It is possible that there be numerous specialists in society. Moreover, this is something that is to be sought after, so that everyone can refer to them with ease and obtain their rulings.
A multiplicity of centers of decision-making would cause disturbance so, it is imperative for the Shia that the leader to be one. It is not however necessary that various jurisprudents issue one edict in order that society remains undisturbed. Leadership is confined to a single person, whereas the marjayat is applicable to numerous individuals.
That the office of Wali-e faqih and the Marja do not have to be one and the same according to the Iranian Islamic Republic, Constitution as I mentioned above. It could be or it could be not. It depends on the person who assumes that position. When it is one and the same, he should be considered a marja when issuing a fatwa and a wali when issuing orders in political as social matters.
Conclusions
The beginning of Islam is not separate from the beginning of the Shia as it started with the Prophet Muhammad (PUBH), and has been preserved in its original form by the succession of Imams.
Prophet Mohammad had the duty to propagate God's message, to teach the laws of religion and guidance, to judge between people and to lead and manage the society. These qualities and functions existed for the imams and exist for the jurisprudents in the time of the occultation of the Last Imam. They too have three functions, to act as judges, to give edicts in law and to expound the general rules of the Divine law for the people and to lead.
A system of government by the jurist is therefore understandable for the Shia. Its legitimacy comes from God himself, throughout history. It is a chain through legitimacy transmits itself. Prophets, then imams, managed God's rule on earth at first and today, the jurist manages it. Jurists are divinely legitimated and are accepted by believers.
Understanding this governance of the jurisprudent as well as the general guidance of a marja is of high importance in understanding the legitimacy of the jurisprudent today when guiding the Shia Community.
This chain of guidance and legitimacy, as well as of authority is confined in the Mahdism Doctrine. Without the believe in the Mahdi's return at the end of time to establish equity and justice, without the believe that during his absence the believer must await positively, by acting rightfully and establishing a close to perfection society, the chain would have been cut dramatically.
While studying in one of the numerous seminaries in Qom, I had the opportunity to ask a great scholar about Mahdism and the guidance of the jurisprudent. His answer…though simple and concise was that Wilayat-e- faqih is an exact replica of Mahdism.
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