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the nation (Ummah)?
This is a theological discussion.
If the Islamic thinkers have propounded wilayat-e faqih doctrine as a theological
discussions, is based on this fact and not because they believe it as the rank
of prophecy or Oneness of Allah. Then, every discussion object of which is
Allah's Act, is theological but the reverse is not
true (It is not true that each theological discussion is a part of the
principles of the religion.
Guardianship in the
Traditions (hadiths)
One of the definitions of wilayah is to supervise (as a
guardian) and administrate the society. In addition to the Holy Quran, in the traditions transmitted to us from the
Infallible the very same meaning has been applied. We mention some of these
traditions below as examples:
1. Imam Ali has used this
meaning for wilayah
(that is guardianship and administration) in different phrases of Nahj al-Balaghah, for instance:
A. In Sermon 2 after describing
the members of the Prophet's household (Ahl al-Bayt) as: " They are the trustees of His secrets, shelter for His
affairs, source of knowledge about Him, center of His wisdom, valleys for His
books and mountains of His religion. With them Allah straightened the bend of
His religion's back and removed the trembling of its limbs." then
says that by the Ahl al-Bayt
-that are the basis of the religion- many problems are solved.
possess the chief characteristics for vicegerency (khalafah). In
their favor exists the will and succession (of the Prophet)."
Exclusion of the wilayah is due to these facts.
This statement is frequently used by Imam Ali in the sermons
of Nahj al-Balaghah
whenever he introduces himself to the public as waali and wali, and states that he has the
right of wilayah upon them and they are under his wilayah. This
does not mean that Imam is the guardian of the people and the people are
interdicted.
B. In Sermon 216 delivered at
the Battle of Siffin,
Imam said: "So
now, Allah the Glorified, has, by placing me over your affairs, created my
rights over you," In the same sermon in the paragraphs 6 and 7
is mentioned: "The
greatest of these rights that Allah, the Glorified, has made it obligatory, is
the right of the ruler over the ruled and the right of the ruled over the ruler
Consequently, the ruled cannot prosper unless the rulers are sound, while the
rulers cannot be sound unless the ruled are steadfast." . Here
the walis and the wilayah or the waalis
(rulers) regarding guardianship (administrating) the society is intended.
C. (Nahj
al-Balaghah, letter 42)
When Imam Ali decided to set out towards the enemies, wrote
a letter addressing Umar ibn
Abu Salamah Makhzoumi, the
governor of Bahrain
and summoned him to the capital. Replacing him with another person Imam
explained: "The
reason that I have recalled you and sent another person instead of you is not
because you managed there improperly, rather since I am in an important travel,
you can assist me in the military tasks. As long as you were the ruler of
performed the right of the wilayah properly
and perfectly." "... Therefore, proceed to me when you are neither
suspected nor rebuked, neither blamed nor guilty. I have just intended to
proceed towards the recalcitrant of
that you should be with me because you are among those on whom I rely in
fighting the enemy and erecting the pillars of religion, if Allah wills"
In the Treaty of Malik Ashtar the Imam has
frequently used the term wilayah in this definition (guardianship):
III. A. "... Because you are over them and your
responsible Commander (Imam) is over you, while Allah is over him who has
appointed you." (Nahj al-Balaghah, Letter 53, paragraph 4)
III. B. "... Because people do have shortcomings and the ruler
is the most appropriate person to cover them. Do not disclose whatever of it is
hidden from you..." (Nahj al-Balaghah, Letter 53, paragraph 8)
III.
C. " their good wishes prove correct
only when they surround their commanders (to protect them). Do not regard their
positions to be a burden over them."
(Nahj al-Balaghah, Letter 53,
paragraph 20)
3. Imam Muhammad Baqir said:
founded on five pillars: prayers (salat), zakat, hajj, fasting (sawm), and wilayah" (See: Wasa'il al-Shiah, volume one,
p...).
This wilayah has three discussions two of which are
jurisprudential that are located at the same level of fasting and hajj. But the
third discussion is a theological one that may not lay
at the level of these two.
If we observe that the Holy Prophet has allocated the wilayah for Imam Ali and has appointed him Imam
and the Commander of the Faithful, just because Allah ordered him to do so (and
to address people whosoever I am his Mawla, Ali is his mawla too), then
this is a theological issue.
Now that the Prophet has announced this
command in accordance with the holy verse "(O Our Apostle Muhammad!) Deliver thou what hath been sent down unto thee from thy Lord ... " Quran: V, 67), then it is obligatory for the
Prophet, Imam Ali, the companions and other individuals to act accordingly. The
Prophet cannot refrain to recognize Imam Ali as caliph, can he? He is also
responsible, and therefore, it is obligatory for him, too. The holy verse " The
from his Lord" (Quran: II, 285) indicates
that the Prophet recognizes Ali as the caliph. This is a jurisprudential issue
in which there is no difference between the Prophet and others, also between
the Imam and his followers.
As a conclusion two aspects of the wilayah mentioned in this hadith are jurisprudential: firstly, it is obligatory for
Imam Ali himself to accept this position, and secondly, it is obligatory for
the community to accept Ali as their waali. The reason is that the subject of such issues is the
act of the responsible (person).
But considering that Allah commanded His
Prophet to announce the caliphate of Imam Ali, so its subject is the Act of
Allah, and consequently is a theological issue.
4. Another tradition similar to this hadith
was narrated by Hurayz from Zurarah, that Imam Muhammad Baqir said:
"Islam is founded on five pillars: prayers (salat), zakat, hajj,
fasting (sawm),
and wilayah."
Zurarah asked the Imam: "Which one is
the predominant?" The Imam answered: " Wilayah
is." (Wasa'il al-Shiah, volume one, p.
40; Usoul al-Kafi, Vol.
I, p. 462).
To justify their aloofness from the ruling and guardianship
some people assume that wilayah means the belief in the Imamate of the
Imams and the affection to this family. (As denotes the holy verse:
Our Apostle Muhammad): " I demand not of you any
recompense for it (the toils of the
Apostleship), save the love of my relatives" Quran:
XLII, 23) But Zurarah asked the Imam the predominant.
After the Imam underscored Wilayah as the
predominant, then added: "Because it acts as the key
for them (i.e. the five pillars) and the waali is the guide towards
them". It means the waali (namely the
ruler) is discussed.
Thus, it has been clear that the wilayah means guardianship, a
guardianship upon the elite and not upon the mad persons. If one analyzes
properly, he will find out that the waali has both a
real personality that is mukallaf to the divine
commandments, at the same time he has a legal personality that is appointed
(granted) by Allah. That real personality is the subset of the legal one. In
this case there will not be any privileges for him. Which act has been
obligatory for the Prophet but not for the community? Which sin is forbidden for the community and
not for them (the prophets)? Which fatwa is
obligatory for the community and not for them? Which judgment and wilayee verdict violating of which is forbidden
for the community and not for them? So, it is clear that they are responsible
persons (mukallaf)
as we are. We can conclude that wilayah is a legislative (tashrii) matter and it means to
protect and supervise the wise human society.
The Role of the
Assembly of Experts in Wilayah issue
Where is the position of the Assembly of Experts? This
assembly specifies a full-authorized jurisprudent according to the constitution
and then introduces him to the public. The people consider him as wali and not attorney. While the
constitution was being edited for the first time, some members of the Assembly
suggested the phrase "the people select him" but at the very place it
was amended as "the people accept him". Some asked the difference
between the two phrases, I replayed that to appoint an attorney (tawkil) differs
from accepting the guardianship (tawalli).
The wali should possess some privileges that
refer to his theoretical and practical theosophy. While he is wali, at the same
time his is equal to the individuals in front of the law.
In fact this is his jurisprudence and justice that governs;
but the issue that which person is the wali, is not a scientific issue, rather it is a matter of
subject that must be recognized by the Assembly of the Experts.
It is probable that in your point of view a certain person
is fully authorized while in my viewpoint another person is fully authorized.
The Necessity of waali from the intellectual point of view
In the recent discussion of Religion and Development, some
have stated that there are no discussions of development, management and
leadership in the religion; rather this is the responsibility of science and
wisdom. They assume that wisdom contradicts the religion, while the wisdom and
the tradition act as the two eyes of the religion. All the books that deal with
the principles of the jurisprudence (usoul al-fiqh) stipulate that the rich sources of the
jurisprudence are the Book, Sunnah, consensus and
wisdom. The consensus refers to the Sunnah, while the wisdom is independent. For instance,
planning for the development and the improvement of the country, and also
regulating the local and foreign policies if are done through the common sense
and away from the carnal desires, then they are attributed to the religion.
Since all matters and details have not been mentioned through traditions, then
the other eye of the religion that is wisdom will complete it.
Their misunderstanding is that they have summarized the
religion exclusively in the Holy Quran and the
tradition, and hence have put the scientific management opposite to the
jurisprudential one, and conclude that the religion is incomplete! While the religion recognizes whatever the wisdom finds out.
As the traditional reason introduces some of the affairs as the inherent
obligation and introduces some others as the prior obligation, the rational
reason has the two kinds of obligations.
The issue of leadership and management of the community are
a rational one. Let us suppose that a clear injunction had not come in the
verses of Quran or the tradition, the common sense
judges clearly, and this rational judgment is the Command of Allah.
All the jurisprudents that thought of the philosophy of
jurisprudence have obviously understood the necessity of the "waali". In
this regard one can refer to the statements of such great jurisprudents as
Ayatollah Hasan Najafi (d
1900, the compiler of the book Jawahir al-Kalam) and Imam Khomeini.
While propounding the issue of war and enjoining right
conduct and forbidding indecency in his great book Jawahir
al-Kalam, Ayatollah Najafi
said:
"This fact becomes clear by deliberation in the texts
and observing the status of the Shiites specially the Shiite scholars.
The decree (tawqi) of Imam
Mahdi towards Shaykh Mufid
declaring respect and honor for Mufid is a good
instance. Had not there been the generality of wilayah, a great deal of the
affairs respective to the Shiites would have remained idle. It is strange that
somebody doubt to accept, as if they have not savored the taste of the
jurisprudence at all!" (See: Jawahir al-Kalam, vol. 21, p 397)
What this honorable jurisprudent underscores on is an
intellectual issue. After deliberating on a dense amount of commandments in
different fields, he concluded that such great amount of commandments and
orders definitely need an executer or an administrator otherwise, the affairs
respective to the Shiites in the occultation period of Imam Mahdi would have
remain idle. He finally reaches to this conclusion that whosoever ... in the
issue of wilayat-e faqih, it
seems as if he has not tasted the savor of the jurisprudence (fiqh) and has not
found out the mystery of the words of the Infallible Imams (a.s).
He even has proceeded to the point that holds: " It is improbable that a fully qualified jurisprudent
(faqih)
does not possess the authority to summon for primary jihad (contrary to
defensive jihad).
The late Imam Khomeini had not reached this lofty position
at the beginning and held that the primary jihad is not authorized for the
jurisprudent (faqih), but later in Najaf, he too reached that level and recognized the primary
jihad with its own conditions one of the authorities of the fully qualified faqih.
Wilayah and Politics
It is occasionally said that wilayah does not correspond with
government, ruling, and politics, because wilayah defined as guardianship
is always concerning the individual and not the society and the procedures of
ruling a country.
The answer is that the wilayah as it is defined as the
guardianship upon the interdicted discussed in "Interdiction" (hajr) part of the
jurisprudence (fiqh),
and the wilayah
