WILAYAT AL FAQIH (taken from AL-IMAM AL-MAHDI-THE JUST LEADER OF HUMANITY -author- ayatollah amini , member of the majlise khubargan) will help us to know wilayate faqih as a concept. Islamic Governance after the Prophet Following his death, the prophethood and the revelation were terminated. But the ordinances and laws of religion, including the Islamic social-political programs, remained with Muslims as the directives of Islam. Here one should raise an important question: Did the end of the Prophethood mean that the governance of the community also was to be terminated? Did the Prophet himself conceive of the future of his community? Did he not leave any directives to ensure that his legacy would continue after him? Or, did he simply leave the entire issue of the leadership to the community to do as it pleased? The Shia believe that the Prophet of Islam was also the statesman and ruler over the affairs of the community. He effected the programs that were revealed to him. He understood fully the critical importance of leadership for the umma. In order for Muslims to continue as a community they needed governance under a qualified leader who would implement the Islamic goals for humanity. The Prophet himself was aware that his community could not survive without a just government to carry on his mission. It was for this reason that from the beginning of his mission, as the opportunity presented itself, and in accordance with the instructions received from God, the Prophet introduced Ali b. Abi Talib as his caliph and the Imam of the community after him. The books written by both the Sunni and the Shii scholars have recorded several occasions when Ali b. Abi Talib was introduced as the vicegerent of the Prophet. Among these occasions is the monumental speech of the Prophet during the Farewell Pilgrimage, in the Ghadir Khumm, when he stood in the midst of his community, including the major figures of early Islam, and said: O people who is more worthy (awla) [in the eyes of] the believers than their ownselves? They said: God and His Messenger know better. He said: God is my Master and I am the Master of the Believers and I am worthier in their eyes than their ownselves. Whoever has me for his Master has `Ali for his Master. He said it thrice, and according to Ahmad, the Imam of the Hanbalis, four times.[21] The above proclamation at the Ghadir Khumm regarding the leadership of Imam Ali b. Abi Talib occurred in the last year of the Prophets life (10 AH/632 CE). Following the proclamation Umar b. al-Khattab met Ali and congratulated him saying: O son of Abu Talib, congratulations for attaining the new position. From now on you are my master and the master of all believing men and women. There are far too many such reports in the sources to mention. However, they all establish the fact that the Prophet made sure that his position as the ruler of the community would continue in Ali b. Abi Talib. He prepared him for this day on many occasions by giving him the necessary information about the responsibility he had. Moreover, he knew that Ali was endowed with infallibility and it was with the designation from God that he had acquired the position of the Imam after him. Ali too was aware of the great responsibility that was placed upon his shoulders. He was the protector of the Islamic ordinances and their executor. As such, the event at Ghadir Khumm was the culmination of a process that had begun in the early days of the Prophets mission. In fact, Umars statement while congratulating Ali indicates that he understood the meaning of the word mawla in its proper signification of a master. Other Muslims also understood the Prophets statement: Whoever has me for his Master has `Ali for his Master, as a statement of designation and, therefore, they paid their allegiance and remained loyal to him. Had the statement had any other than a political meaning, there would have been no need to pay allegiance. Ali b. Abi Talib, the Designated Caliph of the Prophet of God Although the Prophet had ensured that his right to governance would continue through Ali b. Abi Talibs designation to the Imamate, after his death a number of his close companions decided to acquire the caliphate for themselves. Taking advantage of the ignorance and weakness of the people they usurped the legitimate right of Ali to rule. This marked the deviation of Islamic governance from its true path. His refusal to pay allegiance to those who came to power and his several orations in which he critically evaluated the situation after the death of the Prophet, indicate that Ali b. Abi Talib clearly saw the rupture between the ideal Islamic governance and the one that was pursued by the companions. Moreover, these orations show the importance that was attached to the question of the comprehensive governance of the community, and not simply its religious and spiritual dimensions. The caliphs had not usurped the religious and spiritual authority of Ali, to whom they referred all their problems in those areas; rather, they had usurped his political power, the power to effect the laws of Islam. When, finally, he assumed the caliphate in 35 AH/656 CE, he shouldered the comprehensive power which included everything that the Prophet had done as the ruler. When Talha and Zubayr opposed his caliphate, they opposed this comprehensive aspect of his governance. They never opposed his religious and spiritual authority per se. Muawiya had disputed Imam Ali not in the matter of interpretation of an ordinance; rather he disputed him on his right of governance and his position as a comprehensive leader of the community. From all this discussion it is possible to conclude that Islamic governance did not come to an end with the death of the Prophet. On the contrary, by appointing Ali, the Prophet ensured its perpetuity for posterity. It also demonstrates that the lawgiver of Islam never conceived of a system for the people which could do without governing the communitys social-political structure. In other words, Islamic governance should be a permanent part of Muslim life in general throughout history. Imam Ali b. Abi Talib designated his son Hasan to follow him in his position as the Imam of the Muslims. In turn, Imam Hasan appointed his brother Husayn to succeed him in the Imamate. From Imam Husayn the Imamate went to his son Zayn al-Abidin and in this way it continued until the line reached the last Imam, Hujjat b. al-Hasan (peace be upon him). All these twelve Imams, besides being endowed with divine protection in the form of infallibility and profound knowledge of Islamic revelation, were also granted the wisdom to govern and rule in accordance with the divine laws and scales of justice. Hence, the Imamate of the community and the governance of the infallible leader are indispensable aspects of the ideal Muslim public order. And yet, apart from the short time of the governance by Ali b. Abi Talib, no other had been given the opportunity to rule in accordance with the laws of God and to restore a true direction to and generate confidence in Islamic public order. Islamic Governance during the Period of Occultation Now the question arises about the status of Islamic social-political programs during the occultation. What should the Muslims do when they do not have access to the Imam, the rightful ruler? Who should take charge of leading the community to its divinely ordained goal? Should the faithful simply abandon the idea of following the tradition of the Prophet in matters of governance? Were the directives given by the Prophet relevant only during his own short period of earthly life, and will they again be implemented only when the Mahdi appears? Must the majority of Gods ordinances dealing with social-political-legal matters remain in abeyance during this period of the invisible presence of the twelfth Imam? In other words, are we to read these verses of the Quran and discuss them in the light of the hadith-reports in order to enlighten ourselves without trying to effect them in our contemporary social and political existence? Doubtless a Muslim ought not regard these Islamic ideals and directives as in abeyance until a qualified leader like the Imam himself assumes the governance. In particular, no scholar would ever concede that these ideals were given to the Prophet so that later generations should merely discuss them, dispute about them and ultimately write them down for the future generations. If this is so, then one has no choice but to agree that neither the Prophet nor the Imams left all these directives for an Islamic governance only in the future age of the Mahdi. Under no circumstance can one say that Islam came to provide the community with ordinances and social-political legislation without providing it the means for executing these ideals through the executor of the divine will, the leader, the Imam. The Obligations of Muslims during the Occultation It is true that the Prophet and the infallible Imam were appointed by God to undertake the governance of the community affairs as their rulers, and that the Prophet and the Imam should exert themselves to execute the divine will in this regard. Nevertheless, the essential obligation lies on the shoulders of the people who should provide the critical support needed by the Prophet and the Imam to attain the power and use it for advancing the purposes of God. As long as the people do not show their loyalty and obedience to these divinely designated leaders, it is simply unthinkable to see the ideal governance being effected. By the same token, during the absence of the Imam, as in our own times, Muslims have the responsibility to seriously work for the establishment of the Islamic form of government. Islam, even under present conditions, has not suspended the duty of Muslims to implement and to follow its directives. In fact, many Islamic rulings are directed towards the generality of the Muslim community: Go forth, light and heavy! Struggle in Gods way with your possessions and your selves; that is better for you, did you know. (Tawba [9], 41) Struggle in the way of God with your possessions and your selves. (Saff [61], 11) And fight in the way of God with those who fight with you, but aggress not. (Baqara [2], 190) As to the thief, male and female, cut off the hands of both, as a recompense for what they have earned, and a punishment exemplary from God; God is All-mighty, All-wise. (Maida [5], 38) The fornicatress and the fornicator -- scourge each one of them a hundred stripes, and in the matter of Gods religion let no tenderness for them seize you . . . (Nur [24], 2) O believers, be you securers of justice, witnesses for God, even though it be against yourselves, or your parents and kinsmen, whether the man be rich or poor. (Nisa [4], 135) All these verses are addressed to the generality of the Muslims and demand from them that they respond to their social obligations that are related to the betterment of Islamic public order. It is evident that carrying out these social injunctions cannot be possible without an authority who can ensure its fair execution. The nature of injunctions dealing with public order inevitably requires a governing body invested with executive powers to effectuate Islamic ordinances. In other words, the comprehensive realization of an Islamic public order with all its spiritual, moral and legal dimensions is impossible without a government invested with executive powers. To practice Islam in all its dimensions necessarily requires the existence of a government that is committed to do its bidding. Thus the Quran says: He has laid down for you as religion that He charged Noah with, and that We have revealed to thee, and that We charged Abraham with, Moses and Jesus: Perform religion, and scatter not regarding it. (Shura [42], 13.) It is possible to conclude from these general addresses of the Quran to all believing Muslims and the provisions made by the Prophet for giving permanence to the governance of Islamic public order through Islams social-political-legal-moral teachings that during the occultation of the twelfth Imam Muslims have the obligation to work seriously towards the implementation of Islamic ideals in their everyday personal and social lives. As long as we believe that Islam came to provide happiness in this and the next world and, therefore, it legislated laws to cover every aspect of God-human and human interpersonal relationships, then we must maintain the necessity of managing our affairs in accordance with these laws. This conclusion becomes even more pertinent if we remind ourselves that we also believe that these laws were not given for the short period of the Prophets life only; they will be with us until God resurrects us for the Final Judgement. Hence, our endeavors to effect these norms today assume some urgency. Muslims must resolve to prepare themselves to be worthy of supporting the final revolution of the Mahdi by constantly evaluating their shortcomings and reforming themselves to undertake the great responsibility of making the Islamic public order the only viable order that can guarantee peace with justice and harmony on the earth. Two Evidences (1) The need to establish a government and to endeavor to make it stable is a rational need upon which all reasonable persons agree. Islam has not only not rejected this rational deduction, it has actually sanctioned it. During the Battle of Uhud in the early days of Islam, when the false news about the Prophet having been killed was spread among the Muslims, the consequence of such a story was the demoralization of Muslim soldiers who immediately abandoned their positions and were scattered. That moment has been captured in the following verse of the Quran: Muhammad is naught but a Messenger; Messengers have passed away before him. Why, if he should die or is slain, will you turn about on your heels? (Al Imran, 144) Does it mean that after the Prophet dies Muslims should revert to their old habits? In other words, Islam is a reality that will remain even after the Prophet dies. Consequently, Muslims should assess their loyalty to the teachings of Islam and should work for its implementation without interruption. No explicit duty imposed by the Quran becomes invalidated by the death of the Prophet or the occultation of the Imam. (2) The second evidence is provided by the Muslims during the early history in the aftermath of the Prophets death. The companions had gathered in the Thaqifa of Banu Saida, all in agreement that the governance of the Muslim polity had to continue through a new leader, the caliph. The disagreement touched upon the question of who that leader would be, not upon the need for the leadership itself. The Ansar maintained that the leader had to be one of their group; the Muhajirun disputed them and contended that the leadership actually belonged to the Meccans. The compromise that was proposed suggested a caliph from one and a commander from the other group. However, no one ever said that there was no need for a leader and that they could continue an umma (community) without anyone directing their social and political life. More importantly, even Ali b. Abi Talib, who disagreed with the outcome of the Thaqifa deliberations and opposed their decision, knowing very well that he was being denied his right to lead the community at its most critical stage, did not even for a moment dispute the fundamental need for someone to continue to provide governance to the nascent Islamic polity. The caliphate, as it emerged after the Thaqifa was, in Ali b. Abi Talibs opinion, a deviation from its original goal, but it was still a necessary instrument for the continuation of the social-political life of the umma. It was for this reason that he never attempted to undermine the caliphate. On the contrary, realizing the danger that was posed by the political turmoil to Islam, he never refrained from offering the best advice for Islams preservation. Moreover, he never prevented his most loyal supporters and family members from accepting official assignments under the caliphs. He was fully committed to the principle of governance for the continuation of Islamic public order in the future. In his dispute with the Khawarij, who seceded from his army in rebellion, and who had misused the Quranic verse: The judgement is Gods alone to rebel against Alis authority, he refuted their interpretation by pointing out: The statement is in itself a truth, but they infer an erroneous conclusion out of it. Indeed, there can be no judgement except that it belongs to God. However, they are implying that there should be no governance except that exercised by God. People necessarily need a ruler, whether he be godly or unjust, so that under his government a believer may be able to continue doing what he does, and an unbeliever may continue enjoying [his life] in it, until Gods decree reaches its final decision in their regard. [Moreover, the need to have the governance is underscored by the fact that] under his governance taxes can be collected and the enemy can be fought, and the highways kept secure and safe. [In addition,] the rights of the weak can be exacted from the strong, so that a godly person can live in peace and remain immune from the harm of a wicked person.[22] Accordingly, one should not doubt the principle that establishment and continuation of the government is among the necessary things. Moreover, this responsibility has been laid on the shoulders of the people. When the Prophet or the Imam is accessible, the people should support and help him to manage the affairs of the nation; when the Imam is in occultation, the people should search for and elect a well qualified jurist (faqih), knowledgeable in the detail of the laws of Islam, fully experienced in the social and political realm, and endowed with political insight to administer the Muslim public order. The justification for electing a qualified jurist to govern the Muslim polity is found in the hadith of the Imams who not only accepted the jurists governance in the absence of the twelfth Imam, but even recommended that their followers seek such leaders among themselves. Such a person is capable of leading the Muslim umma and of executing the Islamic social and political program. It is relevant to point out that the debate about Islamic government and its relation to the `governance of the jurist (wilayat-i faqih) is intricate and needs a detailed exposition which we cannot undertake at this point in our discussion about the twelfth Imam (peace be upon him). Nevertheless, we will briefly treat the subject and conclude our discussion. Our purpose in going through all these details about the necessity of Islamic governance during the occultation is to make you aware that when we consider traditions that object to any active involvement in social and political movements prior to the advent of the Mahdi, we should be aware that all those obligations are classified as part of the collective duties -- such as warfare, defence, institution of penalties, administration of justice, and so on and therefore are among the required matters of Islamic juridical tradition. Accordingly, one can not doubt about their execution in a Muslim public order. In order to do so effectively, there ought to be a Muslim authority invested with the power to execute the social and political agenda of Islam.
Posted on: Wed, 21 Jan 2015 13:56:50 +0000
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