Guardianship of the Islamic Jurist

Arabic and Persian Arabic language phrases associated with Guardianship of the Jurist, such as Wilāyat al-Faqīh, Wali al-Faqīh, are widely used, Arabic being the original language of Islamic sources such as the Quran, hadith, and much other literature. The Persian language translations, such as Velayat-e Faqih and Vali-e-faqih, are also commonly used in discussion about the concept and practice in Iran, which is both the largest Shi'i majority country, and as the Islamic Republic of Iran, is also the one country in the world where Wilāyat al-Faqīh is part of the structure of government. Definitions Wilāyat al-Faqīh/velayat-e faqih is often used to mean Ayatollah Khomeini's vision of velayat-e faqih as essential to Islamic government, giving no further qualification, with those supporting limited non-governmental guardianship of faqih, being described as "rejecting" velayat-e faqih. This is common particularly outside of scholarly and religious discussion, and among supporters (e.g. Muhammad Taqi Misbah Yazdi). In more religious, scholarly, and precise discussion, terminology becomes more involved. Wilayat conveys several meanings which are involved in Twelver Islamic history. Morphologically, Wilāyat is derived from the Arabic verbal root "w-l-y", Wilaya, meaning not only "to be in charge", but “to be near or close to someone or something", Synonyms include rule, supremacy, sovereignty, guardianship, authority, mandate, governance, rulership, governorship and province. In another sense, it means friendship and loyalty. (see Wali). In Islam, jurists or experts in Islamic jurisprudence are Faqīh, (plural Fuquaha). (Shaykh Murtadha al-Ansari and Abu al-Qasim al-Khoei, for example, would talk of the "guardianship of the jurisprudent", not "the mandate of the jurisprudent".) • it has also been used (by Iranian conservatives circa 2010) to mean that at least in the case of the Islamic Republic of Iran, the head faqih has "the absolute right to make decisions for the state", notwithstanding the desires of any elected office holders or institutions or the general public. It is a "new term", applied by Khomeini "publicly", and "enshrined in the constitution of Islamic Iran" in 1990. • Wilayat al-Muqayada ("conditional" authority" of the faqih/jurisprudent) "restricts the right of the faqih for issuing governmental orders" to "permissibility cases" (mubahat), which must not be "in opposition" to "obligatory Islamic laws. • Wilayat at-Tashri‘iyyah (legislative guardianship) Also a term used by Muhammad Taqi Misbah Yazdi, is guardianship involving the "management of society", "which concerns the Prophet (S) and the infallible Imams (‘a)" and with Khomeini's system the ruling guardian jurist. ==History==

Early Islam A foundational belief of Twelver Shi'ism is that the spiritual and political successors of Muhammad are not caliphs (as Sunni Muslims believe), but the "Imams"—a line starting with Muhammad's cousin, son-in-law and companion, Ali (died 661 CE), and continuing with his male descendants. Imams were almost never in a position to rule territory, but did have the loyalty of their followers and delegated some of their functions, to "qualified members" of their community, "particularly in the judicial sphere". One firm supporter of governance by jurist – Mohammad-Taqi Mesbah-Yazdi—describes the arrival of rule of jurist in Iran as a "revolution" after fourteen centuries of "lamentable" governance in the Islamic world. Other supporters (Ahmed Vaezi) insist that the idea that the governance by jurist is "new", is erroneous. Vaezi maintains it is the logical conclusion of arguments made by high-level Shia faqih of medieval times who argued that high-level Shia faqih be given authority, although their use of Taqiya (precautionary dissimulation) prevents this from being obvious to us. A significant event in Islamic and especially Shia history was the rise of the Safavid dynasty (1501–1702), which at its height ruled a vast area including modern day Iran and beyond. The Safavids forcibly converting Iran's population to the state religion of Twelver Shi'ism, (which continues to be the religion of a large majority of its population). According to Hamid Algar, (a convert to Islam and supporter of Ruhollah Khomeini), under the Safavids, the general deputyship "occasionally was interpreted to include all the prerogatives of rule that in principle had belonged to the imams, but no special emphasis was placed on this." And in the nineteenth century, velayat-e faqih began "to be discussed as a distinct legal topic". more than a century earlier than Khomeini, Ahmad Naraqi insisted on the absolute guardianship of the jurist over all aspects of a believer's personal life, but he did not claim jurist's authority over public affairs nor present Islam as a modern political or state system. Nor did he pose any challenge to Fath Ali Shah Qajar, obediently declaring jihad against Russia for the Russo-Persian War (1826–1828), which Iran lost. According to Moojan Momen, "the most" that Naraqi or any Shi'i prior to Khomeini "have claimed is that kings and rulers should be guided in their actions and politics by the Shi'i faqih ..." Naraqi's concept was not passed on by his most famous student, the great Shi'ite jurist Ayatullah Shaykh Murtaza Ansari, who argued against absolute authority of the jurist over all affairs of a believer's life. According to John Esposito in The Oxford Dictionary of Islam, the first Islamic scholar to advance the theory of the Guardianship of the Islamic Jurist (and who "developed a notion of 'rule of the jurist'") came much later -- Morteza Ansari (~1781–1864). Mohamad Bazzi dates "the concept of wilayat al-faqih" as a model "of political rule" from "the early nineteenth century". A doctrinal change in most of Twelver Shiism (and particularly Iran) in the late 18th century that gave Shi'i ulama the power to use of ijtihad (i.e., reasoning) in the creation of new rules of fiqh, exclude hadith they considered unreliable, and declaring it obligatory to for non-faqih Muslims (i.e. almost all Muslims) to obey a mujtahid when seeking to determine Islamically correct behavior; was the triumph of the Usuli school of doctrine over the Akhbari school. But along with this doctrinal power came political, economic and social power—control by the ulama over activities left to the government in modern states — the clergy "directly collected and dispersed" the zakat and khums taxes, had "huge" waqf mortmains (religious foundations) as well as personal properties, "controlled most of the dispensing of justice", were "the primary educators, oversaw social welfare, and were frequently courted and even paid by rulers" — but meant that as the nineteenth century progressed "important ulama" and their allies in the bazaar (the traditional commercial and banking sector) came into conflict with the secular authorities, specifically the shah. Colonial and post-colonial era In the late 19th and early 20th centuries, there were two major instances of jurist involvement in politics in Iran, (which continued to be the largest Shia-majority state and went on to be a major petroleum exporter). • A fatwa in 1891 by Mirza Shirazi declaring tobacco forbidden, successfully undermining the overly generous 1890 tobacco concession granted to British imperialists by the monarch of Persia; and • the support by Marja' Muhammad Kazim Khurasani (see below), for the democratic Persian Constitutional Revolution of 1905–1911. The Tobacco Protest and Constitutional Revolution (and not the Islamic revolution), have been described both as • exceptions to apolitical stance of leading Shia jurists (Ervand Abrahamian); and as • the beginning of the end of a 1000 years of quietism among Shi'i, a "real shift in Shiite political thought", "when Shiites began to see the possibility of freely experimenting with politics", (Khalid bin Sulieman Addadh). Ayatollah Sheikh Fazlollah Nouri who fought against a democratic law-making parliament in the 1905–1911 Iranian Constitutional Revolution (), predating Khomeini in supporting rule by sharia and opposing Western ideas in Iran. Khomeini and Guardianship of the Islamic jurist as Islamic government In the 1960s, Ayatollah Ruhollah Khomeini was the leading cleric fighting the monarch (Shah) of the secularist Pahlavi dynasty. In early 1970, when he was exiled to the holy Shia city of Najaf, he gave a series of lectures on how "Islamic Government" required Wilayat Al Faqih. Leading up to the revolution, a book based on the lectures (''The Jurist's Guardianship, Islamic Government'') was spread widely among his network of followers in Iran. As a faqih, Khomeini was an expert on Islamic jurisprudence, and had originally supported an interpretation of Velayat-e faqih limited to "legal rulings, religious judgments, and intervention to protect the property of minors and the weak", even when "rulers are oppressive". In his 1941/1943 book Secrets Revealed; he specifically stated "we do not say that government must be in the hands of the faqih". But in his 1970 book he argued that Faqih should get involved in politics not just in special situations, but that they must rule the state and society, and that monarchy or any other sort of non-Faqih government are "systems of unbelief ... all traces" of which it is the duty of Muslims to "destroy". In a true Islamic state (he maintained) only those who have knowledge of Sharia should hold government posts, and the country's ruler should be the faqih (a guardian jurist, Vali-ye faqih), of the top rank—known as a Marjaʿ—who "surpasses all others in knowledge" of Islamic law and justice — as well as having intelligence and administrative ability. Not only is the rule of Islamic jurists and obedience toward them an obligation of Islam, it is as important a religious obligation as any a Muslim has. "Our obeying holders of authority", like Islamic jurists, "is actually an expression of obedience to God." Preserving Islam — for which Wilāyat al-Faqīh is necessary — "is more necessary even than prayer and fasting". The necessity of a Jurist leader to serve the people as "a vigilant trustee", enforcing "law and order", is not an ideal to strive for, but a matter of survival for Islam and Muslims. Without him, Islam will fall victim "to obsolescence and decay", as heretics, "atheists and unbelievers" add and subtract rites, institutions, and ordinances from the religion; Muslim society will stay divided "into two groups: oppressors and oppressed"; Muslim government(s) will continue to be infested with corruption, "constant embezzlement"; not just lacking in competence and virtue, but actively serving as agents of imperialist Western powers. Their goal is Khomeini, Islamic Government, 1981: p. 34 Guardianship of the Islamic jurist and the revolution Though in exile, Khomeini, had an extensive network of capable loyalists operating in Iran. As the monarch of Iran lost popularity and revolutionary fervour spread, Khomeini became not only the undisputed leader of the Revolution that overthrew the Shah, but one treated with great reverence, even awe. While he often emphasized that Iran would become an Islamic state, he "never specified precisely what he meant by that term". When asked, Khomeini repeatedly denied Islamic clerics "want to rule" (August 18, 1979), "administer the state" (October 25, 1978), "hold power in the government" (26 October 1978), or that he himself would "occupy a post in the new government" (7 November 1978). In fact, he could become indignant at the suggestion – "those who pretend that religious dignitaries should not rule, poison the atmosphere and combat against Iran's interests" (August 18, 1979). As his supporters finalized a new post-revolutionary constitution and it became clear religious dignitaries (and specifically Khomeini) very much were going to rule, it came as shock to moderate and secular Muslims who had been within the fold of his broad movement, but by then he had solidified his hold on power. adopted by referendum on 2 and 3 December 1979. It established the first country (and so far only) in history to apply the principal of velayat-e faqih to government. The jurist who surpassed all others in learning and justice as well as having intelligence and administrative ability, was Khomeini himself. "The plan of the Islamic government" is "based upon wilayat al-faqih, as proposed by Imam Khumaynî [i.e. Khomeini]", according to the constitution, which was drafted by an assembly made up primarily by disciples of Khomeini. While the constitution made concessions to popular sovereignty—including an elected president and parliament—"the Leader" was given "authority to dismiss the president, appoint the main military commanders, declare war and peace, and name senior clerics to the Guardian Council", (a powerful body which can veto legislation and disqualify candidates for office). Hezbollah of Lebanon Khomeini's concept of wilayat al-faqih was to be universal and not to be limited to Iran. In one of his speeches, he declared: We shall export our revolution to the whole world. Until the cry 'There is no god but Allah' resounds over the whole world, there will be struggle. In the early 1980s, Ayatollah Khomeini sent some of his followers, including 1500 Iranian Islamic Revolutionary Guard Corps (pasdaran) instructors, to Lebanon to form Hezbollah, a Shia Islamist political party and militant group, committed to bringing Islamic revolution and rule of wilayat al-faqih in Lebanon. A large fraction of Lebanon's population was Shia, and they had grown to become the largest confessional group in Lebanon, but had traditionally been subservient to Lebanese Christians and Sunni Muslims. Over time Hezbollah's para-military wing grew to be considered stronger than the Lebanese army, and Hezbollah to become described as a "state within a state". By 2008, the goal of transforming Lebanon into somewhere like Iran had been abandoned in favor of "a more inclusive approach". Under the Islamic Republic The establishment of the Islamic Republic and Wilayat al-faqih rule was not without conflict. In his manifesto Islamic Government, Khomeini had warned sternly about measures that Islam will take with "troublesome" groups that damage "Islam and the Islamic state", and noted that Muhammad had "eliminated" one "troublesome group" (i.e. the tribe Bani Qurayza whose men were all executed and women and children enslaved after the tribe collaborated with Muhammad's enemies and later refuse to convert to Islam). In revolutionary Iran, more than 7900 political prisoners were executed between 1981 and 1985. In addition, the prison system was "drastically expanded" and prison conditions made "drastically worse" under the Islamic Republic. Press freedom was also tightened, with the international group the Reporters Without Borders declaring Iran one of the world's most repressive countries for journalists" for the first 40 years after the revolution (1980–2020). In the world of Shi'i Islam, inside and outside of Iran, "the velayat-e faqih thesis was rejected by almost the entire dozen grand ayatollahs living" in the first years of the revolution. (despite the fact that his 1970 book insists that "in Islam the legislative power and competence to establish laws belongs exclusively to God Almighty"). The new theory was instigated by the need "to break the stalemate" within the Islamic Government on "controversial items of social and economic legislation". In the same month, Khomeini's officially designated successor, Hussein-Ali Montazeri, was ousted, after he called for "an open assessment of failures" of the Revolution and an end to efforts to export it. The Iranian constitution called for the Leader/Wali Al Faqih to be a marja', and Montazeri was the only marjaʿ al-taqlid beside Khomeini who had been part of Khomeini's movement, and the only senior cleric (formerly) trusted by Khomeini's network. In the 21st century, many have noted a severe loss of prestige in Iran for the fuqaha (Islamic jurists) and for the concept of Wilayat al-faqih. "In the early 1980s, clerics were generally treated with elaborate courtesy." 20 years later, "clerics are sometimes insulted by school children and taxi drivers and they quite often put on normal clothes when venturing outside Qom." Chants of ‘Death to the dictator’ (Marg Bar Diktator, dictator a reference to the Supreme Leader), and “Death to velayat-e faqih”, have been heard during protests in Iran, which have become serious enough to see as many as 1,500 protesters killed by security forces (in one series of protests in late 2019 and early 2020). In Iraq, another Shia-majority country that is smaller and less stable than Iran and shares a border with it, sentiment against Iranian influence in 2019 led to demonstrations and attacks with Molotov cocktails against the Iranian Consulate in Karbala. Political forces alleged to be under the control of Iran there have sometimes been disparagingly referred to as "the arms of Wilayat al-Faqih." The previous Supreme Leader, Ali Khamenei (who was killed during the 2026 Iran war) is thought to have taken some pain "to ensure that after his death Iran maintains an anti-American line and regime clerics continues to have "control of important state institutions". To this end, he initiated a "massive purge" of "all but the most reliable and obedient members" of the political class, and worked to eliminate the government's generous consumer subsidies that while very popular drain the treasury. According to Ray Takeyh of the Council on Foreign Relations, the choice of the next Supreme Leader was likely not going to be deliberated by the body designed to do that—the Assembly of Experts—but be made in a Khamenei's son, Mojtaba Khamenei, was elected Supreme Leader in 2026 after his father's death. There had been rumours that he was a possible successor before his father was killed, ==Velayat-e Faqih in the Iranian constitution==

According to the constitution of Iran, Islamic republic is defined as a state ruled by Islamic jurists (Fuqaha). Article Five reads "During the Occultation of the ''Walial-'Asr [Lord of the Age, i.e. the Hidden Imam] (may God hasten his reappearance), the wilayah and leadership of the Ummah [nation] devolve upon the just [ʿadil] and pious [muttaqi''] faqih, who is fully aware of the circumstances of his age; courageous, resourceful, and possessed of administrative ability, will assume the responsibilities of this office in accordance with Article 107. (Other articles—107 to 112—specify the procedure for selecting the leader and list his constitutional functions.) Articles 57 and 110 delineate the power of the ruling jurist. Article 57 states that there are other bodies/branches in the government but they are all under the control/supervision of the Leader. The power of government in the Islamic Republic are vested in the legislature, the judiciary, and the executive powers, functioning under the supervision of the absolute religious leader and the leadership of the ummah. The constitution quotes many verses of the Quran (21:92, 7:157, 21:105, 3:28, 28:5) On the basis of the principles of the trusteeship and the permanent Imamate, rule is counted as a function of jurists. Ruling jurists must hold the religious office of "source of imitation" and be considered qualified to deliver independent judgments on religious general principles (fatwas). Furthermore, they must be upright, pious, committed experts on Islam, informed about the issues of the times, and known as God-fearing, brave and qualified for leadership. In chapter one of the constitution, where fundamental principles are expressed, article 2, section 6a, states that "continuous ijtihad of the fuqaha [jurists] possessing necessary qualifications, exercised on the basis of the Qur'an and the Sunnah" is a principle in Islamic government. ==Varieties of viewpoints==

There is a wide spectrum of viewpoints among Ja'fari (the Twelver Shia school of law) scholars about how much power wilāyat al-faqīh should have. At the minimal end, scholars • restrict the scope of the doctrine to non-litigious matters (al-omour al-hesbiah), such as mediating disputes; At the other extreme of the jurisprudence spectrum, is • the "absolute authority of the jurist" (velayat-e motlaqaye faqih), over all public matters, where the mandate of the ruling jurisprudent/jurist/faqih is "among the primary ordinances of Islam". Here the ruling faqih has control over all public matters including governance of states; has such power over religious affairs that he can (temporary) suspend religious obligations, such as the salat prayer or hajj; • those (such as the late Ayatollah Hussein-Ali Montazeri) who believe that the leader exercising velayat-e-faqih should be a "religious-ideological guardian", not chief executive, and subject to democratic constraints such as direct elections, term limits, etc.; and • those (such as conservatives like Mohammad-Taqi Mesbah-Yazdi and vigilantes who attack reformers), who believe in "absolute" velayat-e faqih, and think those who do not are "betraying Khomeini and the Islamic Revolution". ==Limited role for Guardianship==

Traditionally Shi'i jurists have tended to this interpretation, and for most Muslims wilayat al-faqih "meant no more than legal guardianship of senior clerics over those deemed incapable of looking after their own interests — minors, widows, and the insane" (known as ‘mawla alayh’, one who is need of a guardian). Marjaʿ receive tithes from their followers and issue fatwa to them, but unlike Wali al-Faqih, it is the individual Muslim who chooses the marjaʿ, and the marja' do not have the power of the state or of militias to enforce their commands. A minority view was that senior faqih had the right to enter political disputes "but only temporarily and when the monarch endangered the whole community". (An example being the December 1891 fatwa by Mirza Shirazi declaring tobacco forbidden, a successful effort to undermine the 1890 tobacco concession granted to the United Kingdom by Nasir al-Din Shah of Persia, giving British control over growth, sale and export of tobacco.) Scriptural basis The basis of wilayah/guardianship over mentally sound people (not just minors and mentally disabled) by God, Muhammad, and the Imams, which appears in principles of faith and kalam can be interpreted from verse 5:55 in the Quran. According to Ahmed Vaezi, "Imami [Twelver Shi'i] theologians refer to the Qur’an (especially Chapter 5, Verse 55) and prophetic traditions to support the exclusive authority (i.e. exclusive Wilayat) of the Imams". In Q.5:55, "those who believe”, may sound like it refers to Muslim believers in general, but (according to Ahmed Vaezi) Shi’a commentators have interpreted "those who believe” to mean the Shi'i Imams. (Sunni Muslims do not believe "those who believe" refers to the Imams.) ==Role of ruler for Guardian==

Khomeini Evolution of views In an early work, Kashf al-Asrar, (Secrets Revealed, published in the 1940s), Khomeini had made ambiguous statements, arguing that “the state must be administered with the divine law, which defines the interests of the country and the people, and this cannot be achieved without clerical supervision (nezarat-e rouhanı)”, but had not called for Jurists to rule or for them to replace monarchs – "we do not say that government must be in the hands of the faqih". Shortly before he died, Khomeini gave perhaps his strongest statement about the power of the wilayat al-faqih in a letter to Ayatollah Ali Khamenei (later the second Supreme Leader of Iran: The government or the absolute guardianship (al-wilayat al-mutlaqa) that is delegated to the noblest messenger of Allah is the most important divine law and has priority over all other ordinances of the [divine] law. If the powers of the government were restricted to the framework of ordinances of the law then the delegation of the authority to the Prophet would be a senseless phenomenon. I have to say that government is a branch of the Prophet's absolute Wilayat and one of the primary (first order) rules of Islam that has priority over all ordinances of the law even praying, fasting and Hajj…The Islamic State could prevent implementation of everything – devotional and non- devotional – that so long as it seems against Islam's interests. Scriptural basis for guardian being ruler Khomeini's arguments While there are no sacred texts of Shia (or Sunni) Islam that include a straightforward statement that the Muslim community should or must be ruled over by Islamic jurists, Khomeini maintained there were "numerous traditions [hadith] that indicate the scholars of Islam are to exercise rule during the Occultation". The first one he offered as proof was a saying addressed to a corrupt, but well-connected judge in early Islam, attributed to the first Imam, 'Ali – • "The seat you are occupying is filled by someone who is a prophet, the legatee of a prophet, or else a sinful wretch" :B) Since trained jurists are neither sinful wretches nor prophets, by process of elimination "we deduce from the tradition" not that Ali is shaming the judge for being a sinful wretch when he should be emulating the virtue and wisdom of the prophet, but that Ali is declaring "that the fuqaha (jurists) are the legatees," • The twelfth Imam had preached that future generations should obey those who knew his teachings since those people were his representatives among the people in the same way as he was God's representative among believers. The Sound Transmission of Qadah Other supporters have offered more hadith. Ahmed Vaezi cites a narration by Imam Ja'far al-Sadiq, according to whom Muhammad said: • "The superiority of the learned man over the mere worshipper is like that of the full moon over the stars. Truly the religious scholars (ulema) are the heirs of the Prophet (pbuh); the prophets bequeathed not gold (dinar) and silver (dirham) instead they bequeathed knowledge, and whoever acquires it has indeed acquired a generous portion of their legacy According to Vaezi, the meaning of this is not just that the knowledge the ulema have about Islam is more valuable than precious metals, but that being "the heirs of the Prophet", العلماء ورثة الأنبياء , they have inherited not just his knowledge but "all the attributes and responsibilities that Allah designated for him", including his authority "as the guardian and leader of the ummah" (Islamic community), which includes the power to rule. and Baqir Sharif al-Qurashi) cites a hadith known as "the maqbulah of ‘Umar ibn Hanzalah", where this Umar asks the 6th Imam (Ja'far al-Sadiq) whether it is permissible when two Shi‘ah have a dispute over a debt or a legacy to go to a judge or ruler for mediation/arbitration. The Imam replies that the mediator they use should be a Muslim who knows the hadith and rulings of the Shi'i Imams or Infallibles ("a person among you who narrates from us, is versed in the lawful and the unlawful"), i.e. who knows Shi'i fiqh; and that a "ruler or judge" who doesn't have this knowledge is of taghut ("illegitimate ruling power"). Furthermore, to reject use or ruling of experts in Shi'i fiqh is equivalent to shirk, i.e. polytheism (a grave sin). • “If there is a person among you who narrates from us, is versed in the lawful and the unlawful, and is well acquainted with our laws and ordinances, accept him as judge [qaḍi] and arbiter, for I have appointed him as a ruler [hakim] over you. So, if he rules according to our law and you reject his ruling, you will belittle Allah’s law and oppose us, and to oppose us means to oppose Allah, and opposing Him is tantamount to associating partners with Him.” Ahmed Vaezi interprets this to mean that the order/hukm of the guardian/wali jurist/faqih "is binding upon all Muslims"—including other faqih and including Muslims outside of the political jurisdiction of the wali (i.e. outside Iran). This is because the wali is a "the just and capable jurist ... appointed as hakim", To those who claim that the hadith is only an order to Shi‘ah not to use the courts of the usurping ‘Abbasid government when they have legal disputes, Misbah Yazdi replies that the hadith says "... I have appointed him as a ruler over you..." translating hakim as ruler, not judge. (But in another work – Islamic Political Theory (Legislation): Volume 2 – Mesbah-Yazdi translates hakim as judge.){{NoteTag|In his Islamic Political Theory, Mesbah-Yazdi quotes a different translation of the relevant part of the Maqbulah of ‘Umar ibn Hanzalah’ where Imam Jafar talks not about a ruler but a judge: • “…For I appoint him as judge over you. Anyone who rejects his judgment is as if he belittles the judgment of Allah and rejects us, and anyone who rejects us is as if he rejects Allah, and rejection of Him is tantamount to associating partners with Him.” and in another chapter of his book he also claims, "the faqih enjoys all the prerogatives which the infallible Imam (‘a) as the holder of authority of the Islamic society has." Arguments of Taqi Yazdi and Ahmed Vaezi Clerics connected to the Islamic Republic — Ayatollah, Muhammad Taqi Misbah Yazdi (1935–2021) and Iranian Shi'i cleric and academic Ahmed Vaezi (b. 1963) — have also defended Khomeini's theory of government by the Faqih and the principle of the universal and absolute guardianship of the Guardian Faqih. (Misbah Yazdi in particular was “perhaps the most prominent and vocal proponent of absolute velayat-e faghih [faqih]" and that the vali-e faghi ruler possesses "all the prerogatives" of the infallible Imam (‘a) "as the holder of authority of the Islamic society".) At least as of the early 21st century, their defenses of Khomeini's concept tended to be replies to criticisms. Misbah Yazdi (in his work, A Cursory Glance at the Theory of Wilayat al-Faqih), emphasizes the many dangers to defend against, warning the faithful of: "intellectual and ideological threats", “satanic hands" and "propaganda" spreading "incorrect" and "groundless" thoughts", In addition, there is the danger of the influence of "the prevailing intellectual atmosphere", Defenses Some of the criticism of Wilayat al-Faqih that they reply to, include: • that there is no straightforward statement in scripture that faqih clerics should rule over the people. Those concerned over whether Islam supports the concept of wilayat al-faqih, should note that (according to Mesbah Yazdi), the "overwhelmingly dominant opinion" of Shi'ah jurisprudents, (based on "the available views and opinions") is that "a duly competent jurist" (who is "appointed according to the general descriptions ... that the Imam has set") should rule over the people during the occultation of the Imam. Unfortunately, preventing a consensus among jurisprudents on this point are "one or two" contemporary Shi'ah jurists, who insist that for a government to be legitimate, it must be "decided by the people". In addition there are two "Intellectual proofs" (using reason rather than scripture) substantiating wilayat al-faqih: Proof #1 • Everyone needs a government for order and welfare; • the best government is that run by the infallible imam; • since we can't have that at present, we need one resembling it as much as possible; • rule by the Islamic jurist provides that, since the jurist provides "absolute immunity from any kind of corruption, error, sin, selfishness", and "comprehensive and perfect insight and competence in social conditions". Proof #2 • God possesses the exclusive "right to exercise authority over the properties, honor and lives of the people", • a right he bestowed first on "the Holy Prophet (S)" Muhammad and then on the infallibles; • these are now gone, but God couldn't have "abandoned His purpose", namely, "man’s attainment of bliss and perfection", the reason sharia was created; • so he must have "given permission to the most appropriate person to implement them"; • and that person is a "competent jurist" who possesses fear of God and "expertise in governing society and ensuring its welfare". This also explains why giving a faqih general powers over the public does not put sane adults in the same category as minors and those without the power of reason. The powers of God, Muhammad and the Imams were total, despite the fact their subjects possessed maturity (bulugh) and ability to reason (ʿaql). (and so outside the bounds of understanding from individual study). • that in Shi'a Islam, all believers already have a religious scholar to provide them with guidance—the "source of emulation (maraji‘ at-taqlid)" that each Shi'i chooses (as of 2022 there were several dozen to choose from, mostly located in Iraq and Iran), and they were not punished by the state if they failed to obey their source. Why do they then need a wilayat? And what happens when he disagrees with a marja'? (there have been differences of opinion between the Supreme leader and other Marjas over issues such as the permissibility in Islam of chess playing, listening to music, or whether to continue fighting a war with Iraq, presenting challenges for the velayat-e faqih system in Iran.) Will the wilayat supersede the marja'? Mesbah Yazdi and Ahmed Vaezi claim that the maraji‘ at-taqlid and wilayat al-faqih have two different roles. One gives fatwa; the other decrees (hukm). answering religious questions on practical matters in Islam by making deductions from their religious knowledge; and the other (wilayat) enacts and implements laws and regulations, not only contradicts "Khomeini's previous promises but also the norms of the sacred law" (Freedom Movement of Iran of Mehdi Bazargan). :About nine years after its founding, a "stalemate" developed within the Islamic Government between Islamic radicals trying to push through "controversial items of social and economic legislation" (labor laws, income tax), Similarly, Ahmed Vaezi states that commands to reverse sacred law are only temporary commands applicable when some "significant damage, distress and constriction or disorder" occurs; ‘first order’ laws (al-ahkam al-awaly) remain intact. He explains that under the "revolutionary view" of Ayatollah Khomeini, "Shari’ah … is not the ultimate goal". Islamic laws are only a means to an end, "the protection of Islam and the extension of Justice". For Khomeini "the Islamic State is not merely one part of Islam amongst others, but it is Islam itself". — after Khomeini died the Assembly of Experts amended the constitution to remove scholarly seniority from the qualifications of the leader, accommodating the appointment of a "mid-ranking" but loyal cleric (Ali Khamenei), to be Leader. • that the people deserve to choose who rules over them; Mesbah Yazdi argues that it is a common misconception to hold that in order to have legitimacy, government must represent the people. Since "the entire universe and whatever is in it belongs to God", humans have no more right to choose/elect someone to rule themselves, than they would have to take someone else's property ("house, car, shoes, clothes, etc.") and use it without that person's permission. This does not mean the people do not have a vital role to play in the system of wilayat al-faqih, for by their acceptance of Islamic government, the people secure the actual establishment and stability of divine government. • that Absolute Guardianship of the jurist may lead to, has led to, or will lead to despotic government or dictatorship; Mesbah-Yazdi raises this doubt, Because of the corruption of power, if you "want your religion to remain safe and the Qur’an and Islam be respected" you must keep "religion away from the political scene. Just as you would use professors of mathematics to select the best professor of mathematics, so you use experts on the subject of fiqh—and not public opinion—to pick the best expert on fiqh. Mesbah Yazdi wrote that ''bay'ah'' (oath of allegiance) is only "a means of expressing readiness to assist and cooperate" with the leader, and "has nothing to do with giving legitimacy and granting the right" to rule over them. • Currently there is a "problem of circularity" in selecting a Guardian Jurist/Supreme Leader in the Islamic Republic, preventing the people of Iran from having input in choosing Iran's most powerful official Misbah Yazdi defends the allegedly circular selection process of the Guardian Council, Assembly of Experts, Supreme Leader by noting it is "stipulated in the Constitution" or Iran, that the approval of candidates for the Council of Guardians is the "prerogative" of wali al-faqih's (who as previously demonstrated is God's ruler). He further points out that in all modern so-called democracies there is always a first election to vote members of some body of representatives (such as a constitutional assembly to write a constitution) and that body comes "into existence as a result of an election based on a certain set of rules and regulations" which were not "enacted and approved by any popularly-elected cabinet and parliament" (such as who gets to vote—how old do they must be, whether only men can vote, etc.; who gets to be elected to the body, voting system—first past the post, ranked choice, proportional representation, etc..) because it's the first election! But this "is nothing but the circular relationship to which we have referred at the beginning". So we see that (according to Mesbah Yazdi) just because there is "circularity" in the wilayat al-faqih system should not disqualify it; otherwise, we would "have to reject all the past, present and future democratic governments and systems in the world." But despite his confidence in the support of the people for rule by Sharia via jurists, in public proclamations "during the revolution" and before the overthrow of the monarchy, Khomeini made "no mention" of velayat-e faqih. It is a complaint that some continue to make. The goals of ending poverty, corruption, national debt, or compelling un-Islamic government to capitulate before the Islamic government's armies, have not been met; nor have even more modest and basic goals like downsizing the government bureaucracy, using only senior religious jurists or [marja]s for the post of faqih guardian/Supreme Leader, Opposition among scholars to guardian as ruler According to Olivier Roy, at the time Khomeini was consolidating power in Iran, According to Ali Mamouri, writing in 2013, the Islamic Republic of Iran, "has never been able to establish a stable and harmonious relationship between the Shiite seminaries of Qom and Najaf". "Most" of the "spiritual references", aka marjaʿ, in Qom (at least in 2013) do not supporting the regime's position on velayat-e faqih, even though it has led to a number of them being placed under house arrest and barred "from expressing their views and ideas or continuing their teaching and religious duties". and a large segment of the clerical Shia community in general does not accept the theory of velayat-e-faqih and believes the clergy should stay away from politics. The majority of Shi'a accepted the late Grand Ayatollah Seyyed Hossein Borujerdi (1875–1961) as their Marja' al Taqlid (source of emulation), including his student, Ayatollah Ruhollah Khomeini. Throughout his life, Borujerdi, who was a quietist and therefore refrained from taking political stances, forbid his student Khomeini from engaging in non-religious matters. It was only after Borujerdi's death that Khomeini published his first political and social treatise in which he explicitly called for active participation in political matters. Regarding Guardianship, several senior faqih have written on the exclusivity of the authority of the Imams, the limits of the authority of faqih, and the dangers to faqih and to Islam of the corruption of power. Persecution of Islamic scholars In his 1970 lectures and book on Islamic Government, Khomeini took time to express his outrage at clerics who had supported his enemy, the shah of Iran, and exasperation that they had not been "stripped of their turbans": "Those persons are not Muslim fuqaha [Islamic legal scholars], they are people whom SAVAK [the shah's Iranian security service] has issued a turban and told to pray"; and stated that "our youth must strip them of their turbans. I am not saying they should be killed ... But take off their turbans!". After the revolution a Special Clerical Court was established in the Islamic Republic for prosecuting Islamic clerics and scholars, and punishing them by defrocking and disbaring, giving sentences of imprisonment, corporal punishment, execution, etc. The court system eventually evolved into an apparatus with its own security and prison systems, and many features unique from the rest of Iran's courts (direct control by the Supreme Leader rather than the judiciary system of the Islamic Republic as per the Constitution of Iran, trials that are not open to the public and do not allow the accused to choose their own defense counsel, and whose verdict cannot be appealed to the Supreme Court of Iran, as per the Constitution of Iran, etc.). It has been suggested (by scholar Mirjam Künkler) that the courts existence, size and scope can be explained by the unique problem that dissident clerics pose for the principle of velāyat-e faqih — that non-clerical opposition forces lacking religious cachet and knowledge of the intricacies Islamic law would not. "Dissident theologians who prove the extent to which the velāyat-e faqih is inconsistent with Shiʿi traditions and the extent to which it is a theological novelty whose primary function is to justify the exercise of authoritarian rule", are a danger to the Guardian ruler. Al-Shaykh Al-Mufid Unlike Sunnis who believe in appointment of the Islamic Caliph through Ijm'a or Shura, Imamiyya Shia say that the Imam and the legitimate Caliph of the Islamic nation must only be appointed by God; that appointment may be known through the declaration of Muhammad or the preceding Imam. Corresponding to the godly decree of Quran in the following holy verses: Behold, thy Lord said to the angels: "I will appoint a Caliph on earth." [2:30] Thy Lord does create and choose as He pleases: no choice they do have. [28:68] Divine authority to rule an Islamic State, traditional Shia believe, is vested exclusively with the Infallible Imams of Ahlulbayt, making no exceptions for rule by jurists in their absence. In the words of Al-Shaykh Al-Mufid: سلطان الإسلام المنصوب من قبل الله تعالى، وهم أئمة الهدى من آل محمد عليهم السلام “The Islamic Ruler is he who is appointed divinely by the Almighty Allah and they are the Imams of Guidance from the Progeny of Muhammad, peace be upon them all.” Al-Sistani One of the most senior scholars in Shia Islam, reportedly the leading Marja' in Najaf and a former student of Ayatollah Abu al-Qasim al-Khoei is Ali al-Husayni al-Sistani. Perhaps because of his considerable influence, sources disagree on his stand on Wilayat al-Faqih. Al-Sistani has inserted himself in post-2003 invasion Iraqi crisises several times—issuing a call for Iraqis to take up arms and push back Da'ish (Islamic State), pressuring the United States to hold elections sooner than it wanted, demanding Iraqi political leaders push ahead with anti-corruption reforms in 2015—but sees himself as a unifier, above politics and has had no "role in executive or administrative arms of the state". The Ahl Bayt Islamic Mission, which warns of that "the West-based campaign ... to disrupt Islamic unity, ... and separate Iraq from even the bare idea of Islamic Revolution", preventing it from and following the model of "the Islamic Revolution of Iran", has "for decades ... manipulated the Shi’i public opinion ... and "spread false notions like ... the existence of a quietist and apolitical tradition of Shi’ism among the jurists"; emphasizes al-Sistani opposes secularism, and maintains that his position is close to the Iranian doctrine of Wilayat al-Faqih. Other sources (Hayder Al-Khoei), insist that "al-Sistani, like the vast majority of Shia clerics based in the city of Najaf, is well-known for his opposition to Wilayat al-Faqih", despite the efforts of "many pro-Iran propaganda campaigns" in that holy city. Guardianship of the Islamic Juristmeans every jurisprudent (Faqih) has guardianship (wilayah) over non-litigious affairs. Non-litigious affairs are technically called al-omour al-hesbiah. As for general affairs with which social order is linked, wilayah of a Faqih and enforcement of wilayah depend on certain conditions one of which is popularity of acceptability of Faqih among majority of faithful (momeneen). Notwithstanding his "indirect but decisive role" in most major Iraqi political decisions, Grand Ayatollah Ali Sistani has often been identified with the quietist school of thought, which seeks to keep religion out of the political sphere until the return of the Imam of the Age (the Mahdi). He has "explicitly called for a 'civil state' in Iraq rather than a religious state". Al-Sistani's argument al-Sistani in his own advanced lectures of dars al-kharij (i.e. the highest level of theological education related to jurisprudence in the form of lectures, beyond the limited boundaries of textbooks) in the Shi'i seminary of Najaf summing up his opinion regarding Wilayat al-Faqih stated:فليس الطاغوت عبارة عن السلاطين و الأمراء كما قيل, إذ لم يكن في زمن النبي (ص) في جزيرة العرب سلطان و أمير حتى يقال بأنه القدر المتيقن منه من يحكم بالجور او ما ينسب إليه الحكم كالأصنام, مضافا إلى انه لم يكن للطاغوط قوة تنفيذية "al-Taghut (a term that is specifically used to denounce everything that is worshiped instead or besides Allah) is not an expression concerning kings or governors as stated by some (i.e. Khomeini), since kings and governors did not exist during the times of the Apostle until it can be said to the extent of certainty that they are addressed as Taghut, in fact certainly Taghut is who is unjust in passing judgement or to whom the judgement is attributed like the idols, moreover Taghut back in time did not have the power of enforcement." He further added:ان مستفاد من بعض الروايات هو دخالة الإنتخاب في المسألة, فلا بد أن يكون القاضي منتخباً من المسلمين, و ذلك لقوله (ع): في مقبولة عمر بن حنظلة, و على هذا الاحتمال لا بد ا أن يكون المتصدي لهذه الأمور ممثلا للمسلمين "It is deduced from some narrations, the involvement of election in this issue; so the Qadhi (i.e. well-qualified jurist exercising authority as a Judge) must be elected by muslims and this is in accordance to the saying of the Imam "appoint among yourselves" in the acceptable report of Omar bin Hanzalah, based on this prospect he must be addressing the affairs representing muslims (as a judge)."As his concluding remark on the subject al-Sistani said:فتحصل مما ذكرنا: ان الأدلة غير وافية و الإجماع مخدوش, و الدليل العقلي يناقش فيه بما ذكر و غير ما ذكر, و لا بد للمثبت من دفع جميع الشبهات,و أني له ذلك, لعل لأجل دقة الموقف قال المحقق النائني و المحقق الإصفهاني: (فيه تزلزل عظيم) و صلى الله على سيدنا محمد آله الطاهرين. "The proofs are insufficient, the scholarly consensus is depleted, the rational proof is disputative between what's been mentioned and what's not. The verifier must repel all the suspicions (surrounding the scriptural and rational speculations on topic) and how can he do that? Perhaps, due to the delicacy of the situation muhaqqiq al-Naini and muhaqqiq al-Isfahani have stated - There is extreme quake (uncertainty) about wilayat al-faqih! [''fiihe tazalzalun 'aziim''] - May blessings of Allah be upon our master Muhammad and his pure Progeny"According to Sistani's official website, unlike Khamenei he is skeptical of inflicting physical harm for the purpose of enjoining good and forbidding evil with certain established legal exceptions and subscribes to the traditional view on declaring Jihad being only the prerogative of the Infallible Imam or his direct representative (naib al-khaas). Al-Khoei Similarly, Sistani's mentor the late Grand Ayatollah Sayyid Abul Qasim al-Musawi al-Khoei (1899–1992), (also transliterated Khuʾi) the leading Shia ayatollah at the time Khomeini's book on his theory of Wilayat al-Faqih was published, rejected Khomeini's argument on the grounds that • The authority of faqih — is limited to the guardianship of widows and orphans — could not be extended by human beings to the political sphere. Al-Khoei is deemed to be one of the most vocal modern day jurists against the innate nature of Wilayat al-Faqih. In contrasting one-sentence mottos, Khomeini, preached that “only a good society can create good believers”, while Khoei, who championed the theory of a “civil state”, argued “only good men can create a good society.” Al-Khoei restricted the scope of Wilayat al-Faqih to the jurist's authority in terms of wakalah (i.e. protection, delegation, or authorization often agreed to in a legal contract) alone while dismissing the notion of the jurist inheriting the intrinsic authority to rule of the Infallibles (Imams). Al-Khoei wrote: إن الولاية لم تثبت للفقيه في عصر الغيبة بدليل، وإنما هي مختصة بالنبي والأئمة المعصومين (عليهم السلام)، بل الثابت حسبما يستفاد من الروايات أمران: نفوذ قضائه، وحجّية فتواه. وليس له التصرف في أموال القصّر أو غير ذلك مما هو من شؤون الولاية، إلاّ في الأمر الحسبي، فإن الفقيه له الولاية في ذلك لا بالمعنى المدعى “Wilayah for the faqih in the age of ghaybah [occultation, i.e. from 939 CE until the coming of the Mahdi] is not approved by any evidence whatsoever'' – and it's only the prerogative of the Messenger and the Imams peace be upon them all, rather the established fact according to the narrations lies in two affairs: 1. him exercising the role of a judge and 2. his fatwa being a proof – and he holds no authority over the property of a child or others which is from the affairs of wilayah except in the hisbi sense (wakalah), i.e. the faqih holds wilayah in this sense not in the sense of being the claimant (al mudda'ee'').” Furthermore, al-Khoei elaborates on the role of a well-qualified Islamic Jurist in the age of occultation of the Infallible Imam which has been traditionally endorsed by the Shia scholarship as follows: أما الولاية على الأمور الحسبية كحفظ أموال الغائب واليتيم إذا لم يكن من يتصدى لحفظها كالولي أو نحوه، فهي ثابتة للفقيه الجامع للشرائط وكذا الموقوفات التي ليس لها متولي من قبل الواقف والمرافعات، فإن فصل الخصومة فيها بيد الفقيه وأمثال ذلك، وأما الزائد على ذلك فالمشهور بين الفقهاء على عدم الثبوت، والله العال "As for wilayah (guardianship) of omour al-hesbiah (non-litigious affairs) such as the maintenance of properties of the missing and the orphans, if they are not addressed to preservation by a wali (guardian) or so, it is proven for the faqih ''jame'a li-sharaet and likewise waqf properties that do not have a mutawalli (trustee) on behalf of waqif (donor of waqf) and continuance pleadings, the judgement regarding litigation is in his hand and similar authorities, but with regards to the excess of that (guardianship) the most popular (opinion) among the jurists is on absence of its evidence, Allah knows best."'' Nawishta-e-Akhoond Muhammad Kazim Khurasani (1839–1911), commonly known as Akhund Khurasani, was a Shi'i Marja'. based in Najaf who was the main clerical supporter and legitimizing force for the Persian Constitutional Revolution, Iran's democratic revolution of 1905–1911. Traditional Shia scholarship has been historically critical with regard to the clergy relinquishing the role of advisory for the State and taking over absolute charge of the State affairs firsthand instead. Khurasani made a set of prudent observations in his famous Nawishta about the inevitable hazards that will arise owing to the hypothesis proposing clergymen employ religion to legitimize their rule. Some of these predictions are as follows (Persian followed by translation): • چون مردم ما را نایبان امام زمان می دانند انتظار دارند حکومت دینی هم همان شرایط را ایجاد کند و وقتی نتوانیم در آن سطح عدالت را برقرار کنیم نسبت به امام زمان و دین سست عقیده می شون "Since the people consider the clergymen to be deputies of Imam al-Zaman, they will expect the religious government to create an exemplary system (closely matching the one supposed to be established by the Infallible Imam) and when they can not establish justice at that level, the Shia masses will become weak in their faith about Imam al-Zaman and religion." • وقتی روحانیون پا به حکومت بگذارند دیگر نمی توانند عیوب خود را ببینند و توجیه می کنند و فسادها را نادیده میگیرند "When the clergymen will come to power, they could no longer see their faults and justify and ignore corruption." • آمال وآرزوی ما تبعیت حکومت از دین است در حالیکه اگر حکومت را در دست گیریم، به تبعیت دین از حکومت دچار خواهیم شد "The clergy's aspiration is government's obedience to religion, while if the clergymen took over the charge of government, they are more likely to make religion subservient to the government." • اکنون که مناصب حکومتی نداریم ، اینهمه اختلاف نظر وجود دارد . اگر به حکومت برسیم این اختلاف نظر باعث چندپارگی دین و ایجاد فرقه های جدید و آسیب به دین می شود "At the time when clergymen do not have government positions, yet there exists so much disagreement. If they come to power, this disagreement will cause further division in religion and creation of new sects and hence cause damage to religion." • ذات حکومت کردن دروغ گفتن است و نمی شود حکومت با اخلاق داشت . لذا در شان روحانیت نیست که دروغ بگوید و دامن دین را بیالاید "The essence of fallible governance is to spew lies and it is technically impossible to govern morally. Therefore, it is against the moral character of clergymen to lie and thus defame religion." Muhammad Hussain Naini Muhammad Hussain Naini, an aide to Akhund Khurasani, argued that while the ideal government is the rule of the divinely inspired and infallible leader of the community of believers, i.e. the Imam, this ideal form of government is unavailable during the occultation. Consequently, the choices available are between "despotic" and "constitutional" government. Despotism being tyranny, it is constitutional government that diverges "least from the ideal government of the Imam", and is "therefore the best type of government during the occultation ==Books==

• Vilayat-e Faqih, Ruhollah Khomeini • Vilayat-e Faqih, Ahmad Azari Qomi • Vilayat-e Faqih, Hussein-Ali Montazeri • Vilayat-e Faqih, Hasan Ali Nejabat Shirazi • Vilayat-e Faqih, Javadi Amoli • Vilayat-e Faqih, Kazem al-Haeri ==See also==

• • • • • • • • • • (from Kashf Al-Asrar by Rullah Khomeini, 1941, p. 221–224) • • • • • • • • • • • • • • ==External links==