Mouood Mouood English Edition
B. Justice and Piety (Taqwa)
The leader and the head of the Islamic government must have the faculty of “Justice”
Some of the Ahadith supporting the need for this requirement are the following:
“Do not trust the unjust (whether he is unjust to himself or to others), because if you do so you shall be touched by the fires of Hell…. (11:113)
To trust an unjust and corrupt ruler would set the community on the road to evil.
The Holy Prophet (a.s) said: “The leadership of the Ummah is not proper for a man unless he has three characteristics.” One of which is piety (wara’) which would keep him from committing acts that God has forbidden.”al-Kafi, vol. 1, p. 407).
Imam Ali (a.s) said: “And I feared lest the affairs of this Ummah would fall into the hands of its corrupt and ignorant members”. (Nahj al-balaghah, epistle 62)
“The control of government, the implementation of judicial decrees and establishing Friday congregations is not legitimate without a just leader (Imam ‘adil)”. Al-Kafi, vol I, p. 314)
Al-Imam al-Husayn (a.s) said: “The Imam is one who judges according to the
Book of God, upholds justice, follows the religion of God and gives priority to the wishes of God over his own wishes.” al-Shaykh al-Mufid, Kitab al-Irshad, p. 210).
Apart from the above-mentioned Ahadith, it should be pointed out that in Islam to maintain ‘justice’ is the duty of the whole society. It is one of the requirements for witnesses testifying in courts of law. A divorce must take place before just witnesses. The leaders of congregational and Friday-prayers, judges and so on must be just people (‘adil, a ‘just’ person in the specific sense according to Islamic Laws). How is it possible then that it should not be required of the leader and the head of the government and ruler of the society? There are many Ahadith to the effect that the Wali should be one who establishes the practice of the Prophet’s Sunnah and implements all the laws of the Divine Shari’ah, puts an end to innovations in the faith and purges it of heresies.
C. Administrative Capabilities and Courage
The head of the government must have Administrative Capabilities and Courage
The Ahadith to establish this requirement are as follows:
(I)… “Is he who leads to the truth more proper to be followed or he who can not find the way unless he (himself) is guided?” (10:35)
This verse states that he who does not have the ability to manage and to lead has no right to occupy the post of the Wilayat and the people should obey and follow an individual who possesses these two capabilities.
(II) We may again quote what Imam Ali (a.s) has said: “And I feared lest the affairs of this Ummah should fall into the hands of its corrupt and ignorant members.” (Nahj al-balaghah, epistle 62)
(III) “No one should take on the responsibility of establishing God’s government and rule except he who neither compromises, nor yields to humiliation nor follows his own temptations.” (Nahj al-Balaghah, Saying No. 110)
The qualities described in the above sayings of Imam Ali (a.s) particularly in the word “‘adl” indicate the necessity of courage and strength of character in the ruler.
(iv) The Prophet (a.s) said: “The Imamah (i.e. the leadership of Muslims) is improper for people except one who possesses three qualities… (One of which is) a benevolent ruler who has the authority and act like a kind and compassionate father.” (a.s) Al-Kulayni, al-Kafi, vol. 1, p. 407)
(v) Imam ‘Ali (a.s) said: “O people, the most deserving of persons for this matter (i.e. the caliphate, leadership) is the one who is most competent in discharging its functions and duties and the one who knows best Allah’s commands applicable to it.” (Nahj al-Balaghah, sermon 173)
D. Social and Political Insight
The head of the government must have Social and Political Insight
The necessity of this requirement can be inferred from some of the Ahadith cited in support of the requirement of ‘ilm (knowledge). The social and political insight is only one aspect of the knowledge essential for effective leadership. Thus in all cases when the term ‘knowledge’ is used in a special context and in reference to a specific duty of wide social significance, the specific kind of knowledge relating to social and political awareness is essentially implied. This applies to all such statements where the term ‘ilm is used in relation to leadership.
In addition, to entrust the post of Wilayat to an incompetent individual lacking political insight or awareness would be contrary to the statement of Imam Ali (a.s) that said: “It is your duty to be pious before God and manage your affairs in an orderly manner.”
From the Ahadith cited above in support of Wilayat al-Faqih and others like them, one may also infer the necessity for certain other conditions. Of such conditions are acting according to the commands of the Divine Scripture; having command over one’s self and freedom from such vices as stinginess, indifference towards people, tendencies toward seclusion, misappropriation of public property, taking of bribes and so on. Some of these traits are part of the quality of justice, while others are desirable merits and characteristic of perfection.
The existence of a quality and trait whose absence may cause disruption in the process of carrying out the duties and tasks of the leadership of the community is necessary and essential.
3. The Scope and Limits of Wilayat, authority of al-Faqih
As said earlier, the important factor in Wilayat al-faqih is the scope of this particular form of Wilayat. It is smaller in scope than the Wilayat of an infallible Imam but it has a wider scope than the other forms of Wilayat previously mentioned.
The domain of the Wilayat of the faqih can be divided into two levels. The domain of one level of this Wilayat is mainly accepted by all Muslim scholars of Fiqh including the Shi’ah Muslims. This level involve such powers as the authority to take into custody the property of individuals who are incapable of managing and safeguarding their assets such as minors, people with mental conditions, or those who are absent. Other examples are the authority over property as laqit (property found), the awqaf (endowments) and wa sa’ya’(bequests) without trustees. The authority to arrange the funeral of those who die without an heir; the authority and duty to make reluctant individuals yield to other people’s legitimate claims; and such other cases and instances, which are abundant in Islamic jurisprudence. All these instances posit a relatively extensive authority for the faqih.
The second level of the domain of the Wilayat of the Faqih, scholar of Fiqh, is far more extensive and universal. It involves the establishment and organization of an Islamic State and government to administer the Muslim community or a society including Muslims and non-Muslims, undertaking all the duties of the functions of the State and guardianship of a society, with a population exceeding tens of millions of individuals as members.
