The Wilayat, authority, of the Faqih

Of Imam Ali’s (a.s) Sayings
“It is Imamah (leadership) which gives order to the affairs of the Ummah (Muslim community). (Ghurar al-hikam, vol. I, p. 36) He also says,“Mankind cannot do without a leader, good or bad. [with law and order] by his rule, the believer performs his acts [of righteousness] and the unbeliever attains his [worldly] enjoyments. In it God eases things to reach their ultimate destinations. Through it tribute is collected, the enemy is halted, the security of the travelers and roads is maintained and the rights of the weak are exacted from the strong ones.” … (Nahj al-Balaghah, sermon 40)
Al-lmam al-Rida (a.s) has said: “We do not find any community or nation living and surviving without a leader and chief; they cannot deal without him with their religious affairs. God, the Wise, does not leave mankind without a leader; He knows that they cannot do without him and they do not have any support except from him. With his help they can halt their enemy, equitably distribute their gains, establish their prayer in congregation on Fridays and other days and protect the rights of the weak from being violated by the strong ones.
It is worthwhile to note that the Ahadith cited above repudiate the allegations that Islam has been silent on the question of State and government. Rather they affirm that the Islamic system has specified the identity and qualifications of the ruler in addition to outlining the objectives of his government. More details are available in the texts of theHadith of the holy Prophet (s.a) and the Imams (a.s) and in case they would not cover certain issues, we must turn to reason to find a solution.
(c) Al-Imam al-Husayn (a.s) Says
“The administration of all affairs of the society is in the hands of men of Divine knowledge, who are faithful custodians of His commandments and instructions about lawful and unlawful matters (Halal) and what is (Haram). (Tuhaf al-‘uqal). The expression al-‘umur, (affairs) that must be administered by the trustworthy scholars, refers to the general affairs of society, which include all aspects, major and minor matters of its management. The above Hadith is only one out of many that speak of the matters of government and its various functions.
(d) The Following Hadith
The following Hadith has been quoted by al-Shaykh al-‘anrsari in his works al-Makasib (the chapter on Wilayat al-Faqih):
“The Muslim scholars are trustees of the prophets.”
What is meant here is that the ‘ulama’ are responsible both for the propagation of the Divine laws as well as the administration of the affairs of society.”
(e) Another Hadith
The following Hadith has also been quoted in the above mentioned works of al-Shaykh al-Ansari:
“The scholars of my Ummah are like the prophets of Bani Israel.”
When we say that two things are like each other, our judgement that they are similar must be based on a comparison of apparent and observable characteristics. The prophets of Bani Israel, such as Joseph (a.s), Moses (a.s), Aaron, (a.s) David (a.s), Solomon (a.s) and others, rose up against the tyrants of their times. They opposed them both by words and deeds and most of them established governments and took on themselves the responsibility of managing the affairs of their society. So, when it is said that the scholars of Islam are like the prophets of Bani Israel, it means that they also must fulfil the same duties and functions. Obviously, the Hadith does not intend to compare the Muslim scholars with the Israeli prophets in all conditions. It does not require exactly the same conditions the individuals experienced like the imprisonment of Joseph (a.s) or Moses’ (a.s) being a shepherd, with David (a.s) in his skill in making coats of mail or with Solomon (a.s) in the weaving of baskets and so on.
(f) The well-known Hadith
There is the well-known Hadith reported by ‘Amr Ibn Hanzalah considered reliable by most and by some scholars as authentic (Hadith), to the effect that when he asked al-Imam al-Sadiq (a.s) about the permissibility of taking disputes before judges appointed by the tyrannical governments of the time, the Imam replied:
“The two parties to the dispute should look for someone who narrates our Hadith, supports our standpoint regarding the permissible and the forbidden and our views regarding the Divine Commands. (Having found such a person), they should honor his judgements; because I have given him authority over you.”
Although the question asked concerns litigation and taking of disputes before a Muslim judge, however, according to the statement: “I have given him authority over you” such a judge is appointed as the head and ruler of the community. Among his other duties is the enforcement of rules of justice, directly or indirectly through judicial agents. The statement is also indicative of, apparently, the fact that the narrators of Hadith, who should also be an expert in the field of Ijtihad and knowledgeable in Divine laws and theAhadith of the Ahlul Bayt (a.s). Moreover, the phrase “Ja’altu“, appointed him, uttered by the Imam (a.s) who enjoyed absolute Wilayat or authority, serves to clarify the meaning ofal-Wilayat al-‘insha’iyyah (i.e. Wilayat conferred through a decree).
(g) The Statement of the Twelfth Imam (a.s)
There is the following statement of the Twelfth Imam (a.s) which is part of the reply to a query by Ishaq Ibn Ya’qub and has been handed down to us as a Hadith’ “… As to the emerging cases, you should refer to those who are narrators of our Ahadith, since they are my authorized representatives among you, and I am God’s representative . . .” (al-Shaykh al-Ansari, al-Makasib; al-Shaykh al-Saduq, Ikmal al-Din wa Itmam al-ni’mah.
Mulla Ahmad al-Naraqi, after stating the traditional grounds in support of his concept ofWilayat al-Faqih, says: “A prophet at the time of his demise or the moment of leave-taking while leaving on a journey tells his ummah that so and so will perform my functions in my absence. He shall be my vicegerent and trustee, my representative and authority among you. He will be the authority that you should refer to in all events and cases. He would handle all your affairs and will take care of the affairs of my nation and ummah. Would all those who listen to the prophet not realize that the individual thus introduced shall have all the authority and responsibilities that the Prophet has today? Would it not be as such not only in the realm of spiritual and moral leadership, but also in supervising the social life of the community in all its various aspects?”
Indeed, no one would doubt it and very well has al-Naraqi expressed it. May God bestow blessings on him.

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