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concerning performance of funeral rites of the deceased person or the wilayah that the
avenger of blood possesses, none correspond with governing the community. It is
not relevant to this holy verse at all: "Verily,
your guardian is (none else but) Allah and His Apostle (Muhammad) and those who believe, - those
who establish prayer and pay the poor-rate, while they be
(even) bowing down (in prayer)." (Quran: V, 57) Because
this wilayah
means: ruling and supervision (/administration).
If the message of the above verse is that your guardians and
supervisors are the Holy Prophet and Imam Ali (the Commander of the Faithful),
then this wilayah
is addressed to the elite, the faithful, the scholars, the sage people, and not
the mad persons.
Therefore, both in genetic and legislative systems the wilayah having
the meaning of supervision and administration belongs to Allah essentially
since Allah said: "...
But Allah, He is the Guardian."
(Quran: XLII, 9) and said: "
It is exclusively for Allah to be a waali and genetic supervisor and
administrator. This is the exclusion of the absolute wila' (wilayah) for Allah the Exalted,
both from genetic and legislative aspects. Allah said: "There is no judgment but Allah's
" (Quran: XII, 40)
So it has been clear that if one states that there is no wilayahs
indicating/ defining supervision and administration, it will be a false
statement. While if one declares that wilayah with the meaning of the mandate of the interdicted
is not respective to our community (Iranian community), it will be a true
statement because, those who hold the doctrine of wilayat
al-faqih, do not state that the wilayah composed/compiled for the
faqih in the constitution (of the Islamic Republic of
Iran) is of the kind of wilayah
concerning the interdicted or relating to the ritual bathing of a Moslem's
corpse, or the wilayah
of blood vengeance (qisas),
blood-money (diyah),
and punishments (hudoud),
because none of them is relevant to supervising the community. The concept of wilayah mentioned
in the holy verse (Quran: V, 57) is the supervision of the
community, that the wilayat al-faqih
is the manifest of which, that administrates the community in accordance with
the scales /measures of injunctions and the intellectual and transmitted
sagacity and expediency.
Role of the people
for electing a wali-e faqih
It is occasionally said that wilayat
al-faqih is one of the insolvable problems of the
Islamic Republic since its existence necessitates its non-existence! In the other words, if wilayat al-faqih exists, then wilayat al-faqih does not exist, and vice-versa.
Because from one hand in the Islamic Republic, the people have elected,
directly or indirectly, a person as their leader, therefore, the people have
vote, and subsequently they are not interdicted and do not need a guardian (wali). From the other hand if the jurisprudent (faqih) is the guardian/ trustee (wali) of the people, so the
people do not have vote. That is why no one noticed this insolvable problem
that is reconciling the wilayat al-faqih with people's vote and acceptance. Because the people
have voted not to have vote!
This doubt originates from the point that they have
restricted the wilayah
in that of the part "interdiction", while if wilayah is
defined as the supervision/trusteeship upon the elite, the wise and the men
possessed of minds like what is dealt with in the verse "Verily, your guardian is (none
else but) Allah and His Apostle (Muhammad) and those who believe, - those
who establish prayer and pay the poor-rate, while they be (even) bowing down (in prayer)."
(Quran: V, 57) and
also the Event of Ghadir and the holy verse
believers that they have on their own selves " (Quran:
XXXIII, 6), then the above doubt will be solved. Was the wilayah of Imam
Ali (the Commander of the Faithful) in the Event of Ghadir
as the guardianship upon the interdicted or it was as trusteeship upon the men
of understanding (ulul albab)?
Waali does not mean the guardian
of the interdicted; rather it means the trustee (supervisor/ administrator)
concerning the affairs of the elite of the society.
Such a wali or ruler/governor is
either completely well known for the people, or not in case he is not well
known the people refer to the experts and ask them for information in this
regard.
Like when the Holy Prophet asked first for the approval (and
acknowledgement) of the audience (in Ghadir Event)
saying: "Have
I communicated you what (the mission) I was responsible for and I should
communicate you or not?" -"Yes",
the audience replied. Then the Holy Prophet asked: "Do you approve that I have
a greater claim on you than you have on yourselves?" (See: Al-Kafi, the
Book of the Divine Proof
[Kitab al-Hujjah])
they replied. Then the Holy Prophet said:
the authority and guide Ali is also his guide and authority." And
the people accepted.
Can we declare that this is a fact that the existence of
which necessitates its non-existence and vice-versa?
(It is true that) if the meaning of wilayah is restricted in the
guardianship upon the mad persons (for instance), then the wilayah may not be compatible
with the people's vote, because the wilayah of the wali is proved by
the vote of the interdicted, while the interdicted person has not vote!
The Prophet himself propounded the Islamic republic and
holding a referendum and said that the regime should be Islamic,
it is based on the revelation. It must be democratic. It is based on the
acceptance of the people. He said that he has been living for forty years among
the community and has taken his (social) examinations successfully.
"I lived among
you an edge before it; What! Then (yet) ye understand
not?" (Quran: X, 16)
After taking a lifetime examination, aren't you wise enough
to understand? If not, then accept my demonstration since I am your trustee.
This statement of the Holy Prophet that is
among you an edge before it;" is the republic aspect of the Islamic
regime; it means that you accept the fact that all the affairs have been
provided from Allah's side: The revelation has sent down, my position has been
determined, the prophetic mission, the prophethood,
the wilayah
and the trusteeship have been provided all, what remained is your acceptance
and act accordingly. Then added: "Demonstrate, this is my miracle."...
Such a thing contains no paradox within itself. In the other
words, what is relevant to the law and the commentators of it - that is the Ahl al-Bayt themselves- and what
is defined as the explainer and teacher of the Book and Wisdom and the purifier
of the souls and what is as the executer of the punishment laws, all have been
provided within this religion. Only the acceptance of the people has remained.
This acceptance is related to as to be the wali of
the people and not the client/lawyer of them. Never there will be
contradiction/contradiction with the acceptance of the people. All the posts
are approved for the Infallible but to take affect such posts needs the
people's vote. Such a commentary on the wilayah is free from the injury of dreaming the
contradiction.
Alteration of the
posts and the necessity to the experts
Since
the true posts are perfection, therefore, the false posts are countless
contrary to it. The range of it oscillates from the Lordship to the faith. Some
instances are presented below so that it clears that opposite a truth there is
a falsehood that claims being truth. Concerning the lordship that means that
Allah is the Lord of the worlds and there is no lords but He, some attempted
first to struggle/fight against the notion of lordship from its basis, but when
they found out that the man is in need of the Lord at last, then they declared
that yes, the man is in need of the lord, and the lord exists but it is not
Allah, rather we are the lords! "
XXVIII, 38). Pharaoh
did not say this at first, but after refusing the notion of Lordship and not
taking a good result of it declared: "I agree that the society is in need of a
Lord, but the Lord is me and not whoever you claim."
After the lordship, the prophethood
may be dealt with. While the prophets were sent from Allah, the Exalted, the
heads of oppression and blasphemy fought against the notion of prophecy and
prophetic mission, but since they did not get a good result, reacted that the prophethood is true. It is true that certain individuals
(prophets) are appointed by God and are sent from Him to guide the people, but
"A" is the prophet and not "B".
In case of advent of a true prophet, many false
prophets appeared in contrary.
When certain heads of the Ignorance
were asked: "Why didn't you believe in the Prophet in spite of all his
miracles, but you have approved the statements of Musaylimah,
the liar instead?"
"Because he is a member of our tribe",
they replied.
Caliphate and Imamate were the same as this. At
first they said that the Prophet has not appointed anybody as his successor, a
guardian and a leader for the community. Then they concluded that it was
impossible that the Prophet has declared everything (of lesser importance) but
has neglected the most important part of the religion that is, the leadership.
Then they claimed and quoted plenty of the virtues for the others and announced
(publicized) false and faked hadiths concerning the
caliphate of some of them.
At the next step the clergymen and the scholars
were dealt with. The oppressor countries struggled with the scholars and the
religious intellects, but when they realized their popularity in the society
and that the clergy is a genuine and popular institution, then they established
court clergymen to issue verdict to satisfy their wills.
In the fifth phase we confront the populace and
observe the process of faith among them. The hypocrites fought the faith as far
as possible at the first step, but when they realized that the faith is a
welcomed fact among the community, pretended to be faithful.
"And when they meet with those who believe, they say,
"we believe" but when they go apart to their devils, they say,
mock." (Quran, II, 14)
It has been clear so far that (in a range) from
the "Lordship" to the "Faith" and from the faith to the
"divinity" there always has been a false and fake process contrary to
the true and genuine one.
In case the offices are being altered, and the
truth and untruth are being mistaken how the people can distinguish between the
truth and the falsehood (that is the true person and the false one)?
People's vote is for the very same reason that
they think and select the truth, therefore, it necessitates to refer to the
experts and it becomes compulsory to establish the Assembly of Experts.
The
Paradox Between Wilayat
al faqih and People's Election
It is said that wilayat al-faqih contradicts the ruling, democracy, liberty of the
individuals, elections, and establishing the Assembly of Experts, etc.
Therefore, a regime that is based on wilayat al-faqih is false, and consequently all contracts whether
national or international signed with such a regime is invalid and void
according to the religious rites, and thus the latter party of the contract can
vindicate his/her own rights.
They propound two evidences:
1. Since the term 'wilayah'
means guardianship upon the interdicted, so it contradicts the people's vote,
election for the Assembly of Experts and the like.
That is whether the people directly elect the
jurisprudent (faqih) or empower someone to elect the
guardian (wali) for them, indicates in the
both cases that from the one hand the people are wise and sagacious, and have
the vote, and consequently do not need a guardian, from the other hand if the
jurisprudent is a guardian (wali) upon the
people, then the people do not have vote.
Considering the contradiction available in the
regime based on wilayat al-faqih
indicates that such a regime is a paradoxical one!
2.
Considering the general sense of the contracts, any kind of conditions that
opposes and contradicts the text and purport of the contract, will cause the
contract to be invalid and void.
The examples below may make the matter clearer:
The content of the contract is divided in four categories:
- Ownership of the
essence/substance (ayn)
- Ownership of the
benefit/profit (manfaah)
- Ownership of the exploitation
(intifa')
- The right of receiving
enjoyment (istimta)
Instances:
1. Such as the (act of) purchase and sale
