Welāyat-e Faqih

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With Welāyat-e Faqih ( Persian ولایت فقیه, DMG welāyat-e faqīh , 'Lieutenancy of the legal scholar', from Arabic ولاية الفقيه, DMG wilāyat al-faqīh ) or Hokumat-e Eslāmi (حكومت اسلامى, DMG ḥokūmat-e eslāmī , 'Islamic Rule') is the name given to the government system of the Islamic Republic of Iran . This system of government was first described in 1971 in the book with this title. The book is based on student transcripts of a series of lectures given by Ayatollah Ruhollah al-Musawi Khomeini in exile in the Hawza in Najaf from January 21 to February 8, 1970 .

history

The topic “Welāyat-e Faqīh” first appeared as a separate chapter in Shiite legal compendia in the 1830s, but at this point in time it was merely a summary of the powers of legal scholars, as previously discussed under individual legal problems.

Under the Safavids (1501–1722), the powers of legal scholars did not yet play a role. They had introduced the Shia in Persia, created the Shiite clergy of Iran and had the legitimation as religious leader, which the Shah visibly underlined by regular pilgrimages to the Safavid shrine in Ardabil .

The subsequent rulers lacked this legitimacy and the clergy began to expand their powers. Khomeini expanded this to a general governor of the most learned faqīh, awaiting the return of the secret twelfth imam , Muhammad al-Mahdī . Many other theologians counter this thesis with a substantial objection: Faqīh, however learned, lacks an essential quality of the hidden Imam, namely infallibility.

meaning

The importance of the work lies in its influence on the political system of Iran . The 1979 constitution is based on it, but so is political practice:

“Whoever rules Muslims and human society must always keep the general aspects and interests in mind; personal considerations and inclinations must not play a role.

For this reason, Islam has sacrificed many people for the interests of society; many people were eliminated in the interests of humanity.

Islam has exterminated many tribes because they were doomed and harmful to society. "

- Ruhollah al-Musawi Khomeini : The Islamic State

The dismissal of Ayatollah Montazeri as Khomeini's successor after Montazeri had spoken out against human rights violations and mass executions was only logical against this background.

content

The actual text, which is divided into three sections, is preceded by a foreword, which is not yet available in the first edition.

Preface

Khomeini attacks the Jews as the oldest enemies of Islam, as well as the colonialists, including the orientalists, who played into their hands and distorted Islam. Of course, the “ Shah regime ” with its excesses and the theologians who believed that Islam only had to deal with the rules of bleeding .

The basic idea of ​​the treatise is also addressed: Islamic law is the best possible because it is of divine origin, and in the ideal times of the prophet and the first imam there was no separation of state and religion.

Reasons for the need to create an Islamic state

According to Khomeini, a set of laws is not enough to improve society; one needs an executive to do that. Mohamed founded a state, concluded treaties, waged wars, pronounced and enforced justice and he had appointed a successor to continue all government business. Even in the time of the 12th Imam's concealment, observance of the law is necessary so that the umma does not fall into chaos.

The Islamic tax system requires an organization to ensure confiscation and fair use, national defense laws must be applied and the hadd penalties enforced.

Khomeini calls for revolution and calls for the unity of Islam. All important questions of human life are already regulated in the Koran and Sunna .

According to Khomeini, the rights of the oppressed and needy people must be defended against the colonialists and their oppressive economic system; this is best done by the fundamentally just Islamic state.

The Islamic way of government

In this chapter, Khomeini explains the theological foundations of the Welāyat-e Faqih , which is mainly based on Quran 4:59:

“Oh you believers! Obey God and the Messenger and those of you who have to command (or are responsible). "

According to the prophet, this authority is held by the twelve imams, especially the last, hidden imam. Until the return of the hidden Imam as Mahdi, who is to represent him? Jafar as-Sādiq is said to have said:

"You have to see who of you has passed on our Aḥādī,, has studied what is permitted and what is forbidden [...] I have appointed him to rule you [...]"

From this and several other corresponding traditions of the Imams and Mohameds, Khomeini derives a comprehensive power of representation of the hidden Imam by the legal scholar. It is only limited in one point: it does not apply to other legal scholars who may not be appointed or dismissed by him.

Certain conditions are placed on the person of the governor of the hidden imam: he must be learned, knowledgeable of the law, be perfect from the standpoint of faith and morality, must have a sense of justice and must not sin.

Khomeini forbids Muslims to use the facilities of the tyrannical Shah regime on legal issues. He calls for a wave of an-nahy ʿani-l-munkar (forbidding the reprehensible), which, should the illegitimate power oppose it with armed force , should lead to the start of armed jihad .

Combat program to create an Islamic state

Here Khomeinei warns again urgently of the danger that would arise to Islam from colonialists, from the Jews with their "foreign accomplices" and those ulamas who believed their whisperings.

As a first step, he recommends propaganda and education of the population in the true Islamic principles. He calls for the Friday sermon to be used for propaganda purposes:

“Troops were mobilized in Friday sermons. They went into the field from the mosque; and whoever goes into the field from the mosque does not fear death and misfortune, he only fears God. An army made up of such men wins. "

The people from the street, workers, farmers and students should be turned into vigilant fighters. The "pseudo-religious" should be awakened, if they could not be converted, one had to behave "differently" towards them. The theological seminars should also be purged of quietists and “Hofachonds”.

The tyrannical government must ultimately be overthrown with the following measures:

  1. Break off all contacts with state institutions
  2. Rejection of any cooperation
  3. Failure to provide any assistance
  4. Establishing own legal, financial, economic, cultural and political institutions.

literature

Footnotes

  1. Ruhollah al-Musawi Khomeini: Islamic Government. Governance of the Jurist. Retrieved July 16, 2015 (English, translated by Hamid Algar ).
  2. On the difficulties in fixing the original text, see Werner Ende's review of the translation by Nader Hassan and Ilse Itscherenska in: Die Welt des Islam , Vol. 26, 1986. pp. 183–185.
  3. Ruhollah al-Musawi Khomeini: The Islamic State . Schwarz, Berlin 1983, ISBN 3-922968-21-X . P. 98.
  4. See Ghadīr Chumm .
  5. This applies from the qualification for ijtihād .
  6. Persian آخوند Ā ch ond , DMG Āḫūnd denotes low clergy in Iran and is derogatory here.