Guardianship of the Islamic Jurist
The Guardianship of the Islamic Jurist (Persian: ولایت فقیه, romanized: Velâyat-e Faqih, also Velayat-e Faghih; Arabic: وِلاَيَةُ ٱلْفَقِيهِ, romanized: Wilāyat al-Faqīh) is a concept in Twelver Shia Islamic law which holds that until the reappearance of the "infallible Imam" (sometime before Judgement Day), at least some of the religious and social affairs of the Muslim world should be administered by righteous Shi'i jurists (Faqīh).[1] The nature of these affairs are disputed.[2]
"Vilayat faqih" redirects here. For other uses, see Vilayat-e Faqih (disambiguation).
Wilāyat al-Faqīh is associated in particular with Ruhollah Khomeini[3] and the Islamic Republic of Iran.
In a series of lectures in 1970, Khomeini advanced the idea of guardianship in its "absolute" form as rule of the state and society. This version of guardianship now forms the basis of the Constitution of the Islamic Republic of Iran, which calls for a Guardian Jurist (Vali-ye Faqih, Arabic: وَلِيُّةُ فَقِيهٌ, romanized: Waliy Faqīh), to serve as the Supreme Leader of that country.[4][5] Currently, this role is held by Ayatollah Khamenei.
Under the "absolute authority of the jurist" (Velayat-e Motlaqaye Faqih), the jurist/faqih has control over all public matters including governance of states, all religious affairs including the temporary suspension of religious obligations such as the salat prayer or hajj pilgrimage.[6][3] Obedience to him is more important (according to proponents) than performing those religious obligations.[7]
Other Shi'i Islamic scholars disagree, with some limiting guardianship to a much narrower scope[2]—things like mediating disputes,[8] and providing guardianship for orphaned children, the mentally incapable, and others lacking someone to protect their interests.[9]
There is also disagreement over how widely supported Khomeini's doctrine is; that is, whether "the absolute authority and guardianship" of a high-ranking Islamic jurist is "universally accepted amongst all Shi’a theories of governance" and forms "a central pillar of Imami [Shi'i] political thought" (Ahmed Vaezi, Mohammad-Taqi Mesbah-Yazdi),[10] or whether there is no consensus in favor of the model of the Islamic Republic of Iran, neither among the public in Iran (Alireza Nader, David E Thaler, S. R. Bohandy),[11] nor among most religious leaders[12] in the leading centers of Shia thought (i.e. Qom and Najaf), (Ali Mamouri).[13]
Terminology[edit]
Arabic and Persian[edit]
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, 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[edit]
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.[14][note 1] This is common particularly outside of scholarly and religious discussion, and among supporters (e.g. Muhammad Taqi Misbah Yazdi).[15]
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",[10] to be a friend, etc.[16]
Synonyms include rule, supremacy, sovereignty, guardianship, authority,[17] mandate, governance, rulership,[note 2] governorship and province.[25] In another sense, it means friendship and loyalty. (see Wali).[26][note 3]
In Islam, jurists or experts in Islamic jurisprudence are Faqīh, (plural Fuquaha).[1]
For those who support a government based on rule of a faqih, Wilāyat al-Faqīh has been translated as "rule of the jurisconsult," "mandate of the jurist," "governance of the jurist", "the discretionary authority of the jurist".[29] More ambiguous translations are "guardianship of the jurist", "trusteeship of the jurist".[30] (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".)[29]
Some definitions of uses of the term “Wilayat” (not necessarily involving jurists) in Islamic jurisprudence (fiqh) terminology (or at least Twelver terminology) are:
According to the constitution of Iran, Islamic republic is defined as a state ruled by Islamic jurists (Fuqaha). Article Five reads
(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.
According to article 110, the supervisory powers of the
Supreme Leader as a Vali-e-faqih are:
The constitution quotes many verses of the Quran (21:92, 7:157, 21:105, 3:28, 28:5)[131] in support of its aims and goals.
In support of "the continuation of the Revolution at home and abroad. ... [and working with] other Islamic and popular movements to prepare the way for the formation of a single world community", and "to assure the continuation of the struggle for the liberation of all deprived and oppressed peoples in the world."[131] it quotes Q.21:92:
In support of "the righteous" assuming "the responsibility of governing and administering the country" it quotes Quranic verse Q.21:105:
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" [note 18] 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.[132]
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.[133]
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
At the other extreme of the jurisprudence spectrum, is
As of 2011, (at least according to authors Alireza Nader, David E. Thaler and S. R. Bohandy), those in Iran who believe in velayat-e faqih tend to fall into one of three categories listed below (the first and last roughly matching the two categories above, plus a middle view between the other two):