Alhassanain(p) Network for Heritage and Islamic Thought

Shia Political Thought

Author(s): Ahmed Vaezi

Publisher(s): Islamic Centre of England

www.alhassanain.org/english

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This work is published on behalf of www.alhassanain.org/english

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Table of Contents

Introduction 6

Islam and Politics 9

What is a “Religious Government”? 9

Rejection of Islamic Government 10

The First Argument 11

Second Argument 14

The Third Argument 16

Categorizing Social Alterations 17

Flexibility of the Islamic Legal System 18

Rational Management versus Juristic Management 20

Objectives of an Islamic State 21

Implementation of the Shari’ah 22

To Enjoin the Good and Forbid the Evil 22

To Protect True Freedom of Human Beings 24

Spheres of Islamic Political Thought 27

i) Political Theology 27

ii) Political Philosophy 28

iii) Political Ethics 28

iv) Political Jurisprudence 28

Notes 29

What is Wilayat al-Faqih? 31

The Concept of Imamate 31

Imam as “Wali” 32

The Theory of Caliphate 34

The Meaning of Wilayat al-Faqih 37

1. Wilayat al-Qaraba 37

2. Wilayat al-qada’ 37

3. Wilayat al-Hakim 37

4. Wilayat al-Mutlaqa (The Absolute Authority) 37

5. Wilayat al-Usuba 37

i) Making a Decree (Al-Ifta) 38

ii) To Judge (Al-Qada) 38

Hisbiya Affairs (Al-Umur al-Hisbiya) 38

1- Political- Devotional (Ibady) Orders and Prayers 39

2-Legal Punishment (Hudud) 39

3 - Islamic Taxes 40

4 - Jihad (Holy War) and Defense 40

Some Misconceptions 41

The Historical Background 42

Multiplicity in Wilayat 46

The Dominion of the Wali al-Faqih 47

Al-Wilayat al-Mutlaqa 49

i) Divine Laws (Al-Hukm as-Shari’) 49

ii) The Judge's Command (Al-Hukm al-Qadi) 50

iii) Governmental Orders (Al-Hukm al-Wilai) 50

iv) Al-Hukm al-Awaly and al-Hukm al-Sanavy 50

Wilayat al-Faqih and other Ideas of Guardianship 52

Notes 53

Why Wilayat al-Faqih? 56

Traditional Evidences for Wilayat al-Faqih 56

A Signet Letter (Tuqih)63 from the Absent Imam 56

Maqbula of Umar ibn Hanzala 58

The Tradition of Abu Khadija 59

The First Tradition: The Sound Transmission of Qadah 60

The Third Tradition: The Fuqaha are the Trustees of the Prophets 61

The Fourth Tradition: The Ulema are the Rulers 61

The Fifth Tradition: Imam Hussain’s Sermon 61

The Sixth Hadith: The Fuqaha are the Fortress of Islam 61

Wilayat al-amma as Hisbah 62

The Rational Argument 63

The Characteristics of Wali al-Faqih and the Problem of ‘A‘lamiya’ 65

Ijtihad (Proficiency in Islamic Jurisprudence) 65

Justice 65

Prudence, Trustworthiness, Administrative Facilities, and Courage 66

Knowledge 66

The External Justification 67

Criticism of Guardianship 71

Notes 74

Islam and Democracy 76

What is Democracy? 77

Democracy and Liberalism 79

Benefits of Democracy 81

Foundations of Democracy 81

Intrinsic Equality 82

Priority of the Will of the Majority over Rightness 83

General Freedom 85

Limited Democracy versus Pure Democracy 87

What is the Conception of a ‘Religious Democracy’? 89

Smoothing the Path to Religious Democracy 90

Religious Democracy is Paradoxical 94

Usurpation of God's Sovereignty 95

The Problem of Legal Equality 100

Reconciling Islam and Liberal Democracy 101

Notes 107

Final Word 110

Notes 111

Bibliography 112

A comprehensive outline of Shi’a political thought in general, and the modern incarnation of this political thought, which is embodied in the constitution of the Islamic Republic of Iran. The focus of the book is on explaining the political system of Wilayat al-Faqih and it's comparision with other political systems like liberal democracy.

Introduction

Contemporary discourse concerning the political role and application of Islam is deeply influenced by the west, as it is largely considered as either a positive or negative reaction to the western way of life. Confronted by the emerging technical and military superiority, economic achievements and apparent affluence of western society, Muslims have been forced to address the challenge of modernity and the various dimensions that accompany it. As a result, the need to review and redefine the Islamic position has become necessary, a discussion which has established two main streams of political thought amongst Muslim scholars and intellectuals.

Firstly, there are those who advocate a “liberal” interpretation of Islam and strive to demonstrate its compatibility with the underlying values of modernism and, more precisely, the western political system. Supporters of this stream see their interests and objectives in secular terms; many adopt ideologies such as nationalism, pan-Arabism, socialism and Marxism, frequently disconnecting themselves from classical Islamic political thought.

The second stream of thought, often categorised as revivalism or fundamentalism, embody an extreme reaction to the spread of western ideas throughout the Muslim world. Its followers totally reject parliamentary liberalism, amongst other western ideologies, and advocate the comprehensive adoption of the sources of divine revelation as a means to end the West’s hegemony, whilst overcoming present difficulties faced by Muslim societies.

The reflexive nature of these two streams offers little beyond a positive or negative reaction to modernism and the western way of life (specifically in the political field). Followers of the former adopt a secular approach; providing an optimistic analysis of western political values, either endorsing them or assuming them as Islamic concepts. In short, this attitude provides no potential for the development or evolution of Islamic political heritage.

On the other hand, despite strong aspirations to establish a pure Islamic society and government, revivalism and fundamentalism fail to provide a complete or unambiguous model for this ideal society. Many revivalists have attempted to reform the political theory of traditional Sunni jurist’s (i.e. the theory of Khilafah or Caliphate) whilst other, more excessive versions of fundamentalism (such as the Taliban movement) present an aggressive, oppressive and backward image of the Islamic model.

Born amidst shallow and ultimately reactionary Islamic political ideologies, the theory of “Wilayat al-Faqih” constituted an entirely new direction and mode of thinking. This conception of Islamic governance, formally embodied in the constitution of the Islamic Republic of Iran, is distinguished by its close connection to Shi’a political doctrine and the successful amalgamation of Shari’ah and democracy. It composes the authority of an Islamic legal system, the political guardianship of a just and capable Mujtahid (jurist) and the democratic role of the people in the distribution of political power. Within the framework of the traditional Shi’a doctrine of Imamat, this political doctrine reconciles the authority of religion and the authority of the people.

There are many misunderstandings concerning the theory of Wilayat al-Faqih, its historical background and political justification, the role of people and what separates it from other Islamic political theories (such as that of the Caliphate). The primary function of this book is to clarify these different dimensions and dispel any ambiguities surrounding this version of the Islamic state.

The Wilayat al-Faqih (guardianship of the scholars) is a religious model of government. It is therefore essential to discuss why we are in need of a ‘religious state’ and to take full account of the implications and justifications of this model in the contemporary world. Chapter one addresses the definition of a ‘religious government’ and explores the relationship between Islam and politics. It also assesses the principal arguments presented by various Muslim thinkers, particularly those who are opposed to the concept of an Islamic government.

Chapter two intends to clarify the doctrine of Wilayat al-faqih, its historical background, what distinguishes it from other political theories, and its connection to the traditional religious authority of the Islamic jurists (Marja’a Taqleed), to whom ordinary Shi’a refer to and whose decrees they follow on religious affairs. All scholars and jurists accept that the Marja’a has a duty to act as vicegerent on behalf of the absent, infallible Imam. However, it is the scope of authority in this vicegerency that is contentious. The second chapter aims to expound and develop this discussion, thereby explicating the role of a jurist in the model of Wilayat al-Faqih.

As a political theory of state, Wilayat al-Faqih maintains the collective vicegerency of the faqih adil (a just or trustworthy jurist), which is the maximum scope of his authority. The third chapter will discuss the justifications of this theory and expound some of the traditional evidence provided by high- ranking jurists who support the doctrine of Wilayat al-Faqih.

Liberal democracy remains the prevalent political theory of our time. The final chapter of this book will deal with the dichotomy that arises between the concept of Islamic democracy, embodied in the theory of Wilayat al-Faqih, and the liberal interpretation of the democratic system, which exists in the majority of western countries today.

It is my hope that these four chapters will provide the reader with a comprehensive outline of Shi’a political thought in general, and the modern incarnation of this political thought, which is embodied in the constitution of the Islamic Republic of Iran, in particular.

At the end I would like to thank Dr: Seyyed Muhammad Marandi who encouraged me for writing the book and kindly undertook the final editing. I am grateful to Eskandar Khalili for typing and editing the manuscript of chapters three and four. Thanks also to Yasmin Merchant and Jondab who typed chapters one and two. I am grateful to all my friends and colleagues in Islamic center of England especially Shaikh Muhsen Araki and Shaikh Hamid Hadji Haidar for encouragement and offering helpful advice

Ahmad Vaezi

Cambridge University

February 2004