Mouood Mouood English Edition
The Authority or the Wilayat of the faqih of this level is to exercise control over the lives and the property of the members of society in all essential aspects of social life. This takes place through the establishment and organization of a State to meet the present and future needs of the society. Of such needs are the cultural, political, judicial, military and other such needs that according to the society’s changing conditions and transitions in national and international relations may arise. The appointment and dismissal of the Friday-prayer leaders, the enforcement of al-‘amr bil-Ma’ruf wa al-Nahy ‘an al-Munkar at the highest level, and other such issues may also fall within the scope of such authority.
In this discussion on the Wilayat al-faqih the task is to prove that this Wilayat comes with the second level of authority. There are two reasons to substantiate such authority as legitimate part of it. Firstly, it comes from the position of the faqih as the deputy (na’ib) of the Twelfth, Imam (a.s). This inference is based on the seven aforementioned Ahadith as well as independent reason.
Secondly, a careful examination of the decree contained in the letter of Imam ‘Ali (a.s) to Malik al-Ashtar (whom he had appointed as governor of Egypt) clearly indicates that Malik al-‘Ashtar was given all the powers and privileges normally reserved for the head of an independent government. This is very much like the case of members of a federation, although legally affiliated with a central government, are still somewhat independent. It must be admitted that more than a thousand years ago, the Islamic State gave a capable provincial governor such powers, organizational means and budget, for which few parallels can be found in political history.
Alongside defining the scope and limits of the Wilayat of the faqih, it would be helpful to examine the nature of powers given to Malik al-‘Ash as a deputy of the Imam of his time. In the case of Wilayat of the faqih, however, different circumstances, needs, and relationships of that age and the present must be taken into consideration.
A Glance at Imam Ali’s Decree
This decree was in a letter of Imam Ali (a.s) to his governor in Egypt, Malik al-Ashtar.
In his letter to Malik al-Ashtar, Amirul-Mu’minin ‘Ali (a.s) has pointed out, explicitly or implicitly, a number of issues. Some of these issues concern the governor himself, and others concern the State officials. Still a third group deals with the issue of his government’s budget, and finally the fourth group is related to the people and society under his sovereignty. The following points are worthwhile to note:
1. The Wilayat and governance of society belongs to the infallible Imam or his appointed representatives:
“O Malik, you are guardian over the people and the Wali al-‘amr is guardian over you, and God is over the Wali al-’amr who has appointed you to the post of Wilayat (governor over the people), considering you competent to administer their affairs properly.
2. Concerning the selection of ministers and the formation of ministries:
The worst and the most incompetent of your (would be) ministers are those who have served as ministers to the previous evil political system.
It is clear from this statement that the Wali al-‘amr must have a number of ministers and implicitly a number of ministries along with their related departments.
After this Amir al-Mu’minin (a.s) has described the qualifications necessary for every minister.
3. Concerning formation of the army:
“And know that the army constitutes one of the social classes. It is the fortification, by God’s permission, for the defense of the people, an ornament for the administration and the glory of the Islamic system. It is the instrument of security of the country. No society survives without an army.
4. Concerning the establishment of the judiciary with the needed personnel, and the appointment and dismissal of judges:
” . . . And choose those whom you think are best qualified as judges from among the people.”
Imam ‘Ali (a.s) then has described thirteen requirements and qualifications relating to the selection of judges. These requirements are comprehensively treated in the sections of the Islamic laws dealing with the judges. In the Islamic system certain conditions and qualifications for judges are essential while others are desirable, the like of which are found in none of other systems.
5. Concerning the organization of the law enforcing personnel or the security forces to maintaining internal law and order:
Imam ‘Ali (a.s) has commanded that whenever petitioners come for an audience with the governor, he should not allow his guards, companions, or police, to interfere with them. The word “shurtah ” refers to the police forces that maintain internal law and order. It is also sometimes used to refer to soldiers stationed at frontiers.
6. Intelligence Agency:
“O Malik, only those of your scribes and secretaries who are the most pious, must handle those letters which contain secret instructions, or deal with critical security matters..
And about overseeing the functioning of all governmental departments the Imam (a.s) has said,
“Inspect the activities of the offices of government through setting up intelligent agents, who must be loyal men of honesty and integrity….Because secret supervision over the work of the different departments causes them to be diligent and faithful in carrying out their duties.
About the treachery of some of the governmental personnel, the Imam (a.s) has said,
“Whenever any official of your government commits an act of treason and his having done so is testified to by a number of your intelligent agents, consider their testimony to be sufficient evidence and enforce the law in his case (for his treason).”
It should be kept in mind that the duties of the Islamic government’s intelligence organization are not limited to the supervision of the activities of judges, or officials of the different governmental departments. The activities referred to in the above instructions or in similar Ahadith are of a more general nature.
7. Organizing consultative bodies or councils of different kinds on various levels in accordance with the needs of the society:
“… And do not include misers, cowards, or greedy persons in your council….”
Imam ‘Ali (a.s) has set the rules in decision-making about social and political affairs through a process of consultation and for this reason he has mentioned the qualifications necessary for members of such councils. He has advised the Islamic ruler against miserly, cowardly, greedy and ambitious individuals who may find ways into such councils. Validity of consultation as a principle is based on such verses as the following:
… “Their affairs is by counsel among them (42: 38)
…And (O Prophet) consult them in affairs” (3:159).
There are also a number of Ahadith that encourage the faithful to consult with one another and describe the necessary requirements of one who consults and the consulted. Councils must be formed to decide about all-important matters that require consultation. This covers all kinds of councils whose formation has been approved by the Constitution (of the Islamic Republic) and indeed embraces a wider range of issues.
