Islamic government does not correspond to any of the existing forms of government. For example, it is not a tyranny, where the head of state can deal arbitrarily with the property and lives of the people, making use of them as he wills, putting to death anyone he wishes, and enriching anyone he wishes by granting landed estates and distributing the property and holdings of the people. The Most Noble Messenger (s), the Commander of the Faithful (‘a), and the other caliphs did not have such powers. Islamic government is neither tyrannical nor absolute, but constitutional. It is not constitutional in the current sense of the word, i.e., based on the approval of laws in accordance with the opinion of the majority. It is constitutional in the sense that the rulers are subject to a certain set of conditions in governing and administering the country, conditions that are set forth in the Noble Qur’an and the Sunnah of the Most Noble Messenger (s). It is the laws and ordinances of Islam comprising this set of conditions that must be observed and practiced. Islamic government may therefore be defined as the rule of divine law over men.
The fundamental difference between Islamic government, on the one hand, and constitutional monarchies and republics, on the other, is this: whereas the representatives of the people or the monarch in such regimes engage in legislation, in Islam the legislative power and competence to establish laws belongs exclusively to God Almighty. The Sacred Legislator of Islam is the sole legislative power. No one has the right to legislate and no law may be executed except the law of the Divine Legislator. It is for this reason that in an Islamic government, a simple planning body takes the place of the legislative assembly that is one of the three branches of government. This body draws up programs for the different ministries in the light of the ordinances of Islam and thereby determines how public services are to be provided across the country.
The body of Islamic laws that exist in the Qur’an and Sunnah has been accepted by the Muslims and recognized by them as worthy of obedience. This consent and acceptance facilitates the task of government and makes it truly belong to the people. In contrast, in a republic or a constitutional monarchy, most of those claiming to be representatives of the majority of people approve anything they wish as law and then impose it on the entire population.
Islamic government is a government of law. In this form of government, sovereignty belongs to God alone and law is His decree and command. The law of Islam, divine command, has absolute authority over all individuals and the Islamic government. Everyone, including the Most Noble Messenger (s) and his successors, is subject to law and will remain so for all eternity—the law that has been revealed by God, Almighty and Exalted, and expounded by the tongue of the Qur’an and the Most Noble Messenger (s). If the Prophet (s) assumed the task of divine viceregency upon earth, it was in accordance with divine command. God, Almighty and Exalted, appointed him as His viceregent, “the viceregent of God upon earth”; he did not establish a government on his own initiative in order to be leader of the Muslims. Similarly, when it became apparent that disagreements would probably arise among the Muslims because their acquaintance with the faith was recent and limited, God Almighty charged the Prophet (s), by way of revelation, to clarify the question of succession immediately, there in the middle of the desert. Then the Most Noble Messenger (s), nominated the Commander of the Faithful (‘a) as his successor, in conformity and obedience to the law, not because he was his own son-in-law or had performed certain services, but because, he was acting in obedience to God’s law, as its executor.[91]
In Islam, then, government has the sense of adherence to law; it is law alone that rules over society. Even the limited powers given to the Most Noble Messenger (s) and those exercising rule after him have been conferred upon them by God. Whenever the Prophet (s) expounded a certain matter or promulgated a certain injunction, he did so in obedience to divine law, a law that everyone without exception must obey and adhere to. Divine law obtains both for the leader and the led; the sole law that is valid and imperative to apply is the law of God. Obedience to the Prophet (s) also takes place in accordance with divine decree, for God says: “And obey the Messenger”(Qur’an, 4:59). Obedience to those entrusted with authority is also on the basis of divine decree: “And obey the holders of authority from among you”(Qur’an, 4:59). Individual opinion, even if it be that of the Prophet (s) himself, cannot intervene in matters of divine law; here, all are subject to the will of God.
Islamic government is not a form of monarchy, especially not an imperial one. In that type of government, the rulers are empowered over the property and persons of those they rule and may dispose of them entirely as they wish. Islam has not the slightest connection with this form and method of government. For this reason, we find that in Islamic government, unlike monarchial and imperial regimes, there is not the slightest trace of vast palaces, opulent buildings, servants and retainers, private equerries, adjutants to the heir apparent, and all the other appurtenances of monarchy that consume as much as half of the national budget. You all know how the Prophet (s) lived, the Prophet who was the head of the Islamic state and its ruler. The same mode of life was preserved until the beginning of the Umayyad period. The first two [caliphs] adhered to the Prophet’s (s) example in the outer conduct of their personal lives, even though in other affairs they acted to the contrary, which led to the grave deviations that appeared in the time of ‘Uthmān, the same deviations that have inflicted on us these misfortunes of the present day.[92] In the time of the Commander of the Faithful (‘a), the system of government was corrected and a proper form and method of rule were followed. Even though that excellent man ruled over a vast realm that included Iran, Egypt, Hijāz[93] and the Yemen among its provinces, he lived more frugally than the most impoverished of our clergy students. According to tradition, he once bought two tunics, and finding one of them better than the other, he gave the better one to his servant Qanbar. The other he kept for himself, and since its sleeves were too long for him, he tore off the extra portion.[94] In this torn garment, the ruler of a great, populous, and prosperous realm clothed himself.
If this mode of conduct had been preserved, and government had retained its Islamic form, there would have been no monarchy and no empire, no usurpation of the lives and property of the people, no oppression and plunder, no encroachment on the public treasury, no vice and abomination. Most forms of corruption originate with the ruling " href="http://www.al-islam.org/islamicgovernment/6.htm#_ftn95" name="_ftnref95" title="">[95]
If it were not for these profligate royal ceremonies,[96] this reckless spending, this constant embezzlement, there would never be any deficit in the national budget forcing us to bow in submission before America and Britain and request aid or a loan from them. Our country has become needy on account of this reckless spending, this endless embezzlement, for are we lacking in oil? Do we have no minerals, no natural resources? We have everything, but this parasitism, this embezzlement, this profligacy—all at the expense of the people and the public treasury—have reduced us to a wretched state. Otherwise he [the Shāh] would not need to go all the way to America and bow down before that ruffian’s desk, begging for help.
In addition, superfluous bureaucracies and the system of file-keeping and paper-shuffling that is enforced in them, all of which are totally alien to Islam, impose further expenditures on our national budget not less in quantity than the illicit expenditures of the first category. This administrative system has nothing to do with Islam. These superfluous formalities, which cause our people nothing but expense, trouble, and delay, have no place in Islam. For example, the method established by Islam for enforcing people’s rights, adjudicating disputes, and executing judgments is at once simple, practical, and swift. When the juridical methods of Islam were applied, the sharī‘ah judge in each town, assisted only by two bailiffs and with only a pen and inkpot at his disposal, would swiftly resolve disputes among people and send them about their business. But now the bureaucratic organization of the Ministry of Justice has attained unimaginable proportions, and is, in addition, quite incapable of producing results.
It is things like these that make our country needy and produce nothing but expense and delay.
The qualifications essential for the ruler drive directly from the nature and form of Islamic government. In addition to general qualifications like intelligence and administrative ability, there are two other essential qualifications: knowledge of the law and justice.[97]
After the death of the Prophet (s), difference arose concerning the identity of the person who was to succeed him, but all the Muslims were in agreement that his successor should be someone knowledgeable and accomplished; there was disagreement only about his identity.
Since Islamic government is a government of law, knowledge of the law is necessary for the ruler, as has been laid down in tradition. Indeed such knowledge is necessary not only for the ruler, but also for anyone holding a post or exercising some government function. The ruler, however, must surpass all others in knowledge. In laying claim to the Imamate, our Imāms also argued that the ruler must be more learned than everyone else.[98] The objections raised by the Shī‘i ‘ulamā are also to the same effect. A certain person asked the caliph a point of law and he was unable to answer; he was therefore unfit for the position of leader and successor to the Prophet (s). Or again, a certain act he performed was contrary to the laws of Islam; hence he was unworthy for his high post.[99]
Knowledge of the law and justice, then, constitute fundamental qualifications in the view of the Muslims. Other matters have no importance or relevance in this connection. Knowledge of the nature of the angels, for example, or of the attributes of the Creator, Exalted and Almighty, is of no relevance to the question of leadership. In the same vein, one who knows all the natural sciences, uncovers all the secrets of nature, or has a good knowledge of music, does not thereby qualify for leadership or acquire any priority in the matter of exercising government over those who know the laws of Islam and are just. The sole matters relevant to rule, those that were mentioned and discussed in the time of the Most Noble Messenger (s), and our Imāms (‘a), and were, in addition, unanimously accepted by the Muslims, are: (1) the knowledgeability of the ruler or caliph, i.e., his knowledge of the provisions and ordinances of Islam; and (2) his justice, i.e., his excellence in belief and morals.
Reason also dictates the necessity for these qualities, because Islamic government is a government of law, not the arbitrary rule of an individual over the people or the domination of a group of individuals over the whole people. If the ruler is unacquainted with the contents of the law, he is not fit to rule; for if he follows the legal pronouncements of others his power to govern will be impaired, but if, on the other hand, he does not follow such guidance, he will be unable to rule correctly and implement the laws of Islam. It is an established principle that “the faqīh has authority over the ruler.”[100] If the ruler adheres to Islam, he must necessarily submit to the faqīh, asking him about the laws and ordinances of Islam in order to implement them. This being the case, the true rulers are the fuqahā[101]themselves, and rulership ought officially to be theirs, to apply to them, not to those who are obliged to follow the guidance of the fuqahā on account of their own ignorance of the law.
Of course, it is not necessary for all officials, provincial governors, and administrators to know all the laws of Islam and be fuqahā; it is enough that they should know the laws pertaining to their functions and duties. Such was the case in the time of the Prophet (s), and the Commander of the Faithful (‘a). The highest authority must possess the two qualities mentioned—comprehensive knowledge and justice—but his assistants, officials and those sent to the provinces need know only the laws relevant to their own tasks; on other matters they must consult the ruler.
The ruler must also possess excellence in morals and belief; he must be just and untainted by major sins. Anyone who wishes to enact the penalties provided by Islam (i.e., to implement the penal code), to supervise the public treasury and the income and expenditures of the state, and to have God assign to him the power to administer the affairs of His creatures must not be a sinner. God says in the Qur’an: “my vow does not embrace the wrongdoer” (2:124);[102] therefore, He will not assign such functions to an oppressor or sinner.
If the ruler is not just in granting the Muslims their rights, he will not conduct himself equitably in levying taxes and spending them correctly and in implementing the penal code. It becomes possible then for his assistants, helpers, and confidants to impose their will on society, diverting the public treasury to personal and frivolous use.
Thus, the view of the Shī‘ah concerning government and the nature of the persons who should assume rule was clear from the time following the death of the Prophet (s) down to the beginning of the Occultation.[103] It is specified that the ruler should be foremost in knowledge of the laws and ordinances of Islam, and just in their implementation.
Now that we are in the time of the Occultation of the Imām (‘a), it is still necessary that the ordinances of Islam relating to government be preserved and maintained, and that anarchy be prevented. Therefore, the establishment of government is still a necessity.
Reason also dictates that we establish a government in order to be able to ward off aggression and to defend the honor of the Muslims in case of attack. The sharī‘ah, for its part, instructs us to be constantly ready to defend ourselves against those who wish to attack us. Government, with its judicial and executive organs, is also necessary to prevent individuals from encroaching on each other’s rights. None of these purposes can be fulfilled by themselves; it is necessary for a government to be established. Since the establishment of a government and the administration of society necessitate, in turn, a budget and taxation, the Sacred Legislator has specified the nature of the budget and the taxes that are to be levied, such as kharāj, khums, zakāt, and so forth.
Now that no particular individual has been appointed by God, Exalted and Almighty, to assume the function of government in the time of Occultation, what must be done? Are we to abandon Islam? Do we no longer need it? Was Islam valid for only two hundred years? Or is it that Islam has clarified our duties in other respects but not with respect to government?
Not to have an Islamic government means leaving our boundaries unguarded. Can we afford to sit nonchalantly on our hands while our enemies do whatever they want? Even if we do put our signatures to what they do as an endorsement, still are failing to make an effective response. Is that the way it should be? Or is it rather that government is necessary, and that the function of government that existed from the beginning of Islam down to the time of the Twelfth Imām (‘a) is still enjoined upon us by God after the Occultation even though He has appointed no particular individuals to the function?
The two qualities of knowledge of the law and justice are present in countless fuqahā of the present age. If they come together, they could establish a government of universal justice in the world.
If a worthy individual possessing these two qualities arises and establishes a government, he will posses the same authority as the Most Noble Messenger (‘a) in the administration of society, and it will be the duty of all people to obey him.
The idea that the governmental power of the Most Noble Messenger (s) were greater than those of the Commander of the Faithful (‘a), or that those of the Commander of the Faithful (‘a) were greater than those of the faqīh, is false and erroneous. Naturally, the virtues of the Most Noble Messenger (s) were greater than those of the rest of mankind, and after him, the Commander of the Faithful was the most virtuous person in the world. But superiority with respect to spiritual virtues does not confer increased governmental powers. God has conferred upon government in the present age the same powers and authority that were held by the Most Noble Messenger and the Imāms (‘a), with respect to equipping and mobilizing armies, appointing governors and officials, and levying taxes and expending them for the welfare of the Muslims. Now, however, it is no longer a question of a particular person; government devolves instead upon one who possesses the qualities of knowledge and justice.
When we say that after the Occultation, the just faqīh has the same authority that the Most Noble Messenger and the Imāms (‘a) had, do not imagine that the status of the faqīh is identical to that of the Imāms and the Prophet (‘a). For here we are not speaking of status, but rather of function. By “authority” we mean government, the administration of the country, and the implementation of the sacred laws of the sharī‘ah. These constitute a serious, difficult duty but do not earn anyone extraordinary status or raise him above the level of common humanity. In other words, authority here has the meaning of government, administration, and execution of law; contrary to what many people believe, it is not a privilege, but a grave responsibility. The governance of the faqīh is a rational and extrinsic[104] matter; it exists only as a type of appointment, like the appointment of a guardian for a minor. With respect to duty and position, there is indeed no difference between the guardian of a nation and the guardian of a minor. It is as if the Imām were to appoint someone to the guardianship of a minor, to the governorship of a province, or to some other post. In cases like these, it is not reasonable that there would be a difference between the Prophet and the Imāms (‘a), on the one hand, and the just faqīh, on the other.
For example, one of the concerns that the faqīh must attend to is the application of the penal provisions of Islam. Can there be any distinction in this respect between the Most Noble Messenger (s), the Imāms, and the faqīh? Will the faqīh inflict fewer lashes because his rank is lower? Now, the penalty for the fornicator is one hundred lashes. If the Prophet (s) applies the penalty, is he to inflict one hundred fifty lashes, the Commander of the Faithful (‘a) one hundred, and, the faqīh fifty? The ruler supervises the executive power and has the duty of implementing God’s laws; it makes no difference if he is the Most Noble Messenger (s), the Commander of the Faithful (‘a) or the representative or judge he appointed to Basrah or Kūfah, or a faqīh in the present age.
Another one of the concerns of the Most Noble Messenger (s) and the Commander of the Faithful (‘a) was the levying of taxes—khums, zakāt, jizyah and kharāj on taxable lands.[105] Now when the Prophet (s) levied zakāt, how much did he levy? One-tenth in one place and one-twentieth elsewhere? And how did the Commander of the Faithful (‘a) proceed when he became the ruler? And what now, if one of us becomes the foremost faqīh of the age and is able to enforce his authority? In these matters, can there be any difference in the authority of the Most Noble Messenger (s), that of ‘Ali (‘a), and that of the faqīh? God Almighty appointed the Prophet (s) in authority over all the Muslims; as long as he was alive, his authority extended over even ‘Ali (‘a). Afterwards, the Imām (‘a) had authority over all the Muslims, even his own successor as Imām (‘a); his commands relating to government were valid for everyone, and he could appoint and dismiss judges and governors.
The authority that the Prophet and the Imām (‘a) had in establishing a government, executing laws, and administering affairs, exists also for the faqīh. But the fuqahā do not have absolute authority in the sense of having authority over all other fuqahā of their own time, being able to appoint or dismiss them. There is no hierarchy ranking one faqīh higher than another or endowing one with more authority than another.
Now that this much has been demonstrated, it is necessary that the fuqahā proceed, collectively or individually, to establish a government in order to implement the laws of Islam and protect its territory. If this task falls within the capabilities of a single person, he has personally incumbent upon him the duty to fulfill it; otherwise, it is a duty that devolves upon the fuqahā as a whole. Even if it is impossible to fulfill the task, the authority vested in the fuqahā is not voided, because it has been vested in them by God. If they can, they must collect taxes, such as zakāt, khums, and kharāj, spend them for the welfare of the Muslims, and also enact the penalties of the law. The fact that we are presently unable to establish a complete and comprehensive form of government does not mean that we should sit idle. Instead, we should perform, to whatever extent we can, the tasks that are needed by the Muslims and that pertain to the functions an Islamic government must assume.
To prove that government and authority belong to the Imām (‘a) is not to imply that the Imām (‘a) has no spiritual status. The Imām (‘a) does indeed possess certain spiritual dimensions that are unconnected with their function as a ruler. The spiritual status of the Imām (‘a) is a universal divine viceregency that is sometimes mentioned by the Imāms (‘a). It is a viceregency pertaining to the whole of creation, by virtue of which all the atoms in the universe humble themselves before the holder of authority. It is one of the essential beliefs of our Shī‘i school that no one can attain the spiritual status of the Imāms, not even the cherubim or the prophets.[106] In fact, according to the traditions that have been handed down to us, the Most Noble Messenger and the Imāms (‘a) existed before the creation of the world in the form of lights situated beneath the divine throne; they were superior to other men even in the sperm from which they grow and in their physical composition.[107] Their exalted station is limited only by the divine will, as indicated by the saying of Jibrā’īl (‘a) recorded in the traditions on the mi‘rāj: “Were I to draw closer by as much as the breadth of a finger, surely I would burn.”[108] The Prophet (s) himself said: “We have states with God that are beyond the reach of the cherubim and the prophets.”[109] It is a part of our belief that the Imāms too enjoy similar states, before the question of government even arises. For example, Fātimah (‘a) also possessed these states, even though she was not a ruler, a judge, or a governor.[110] These states are quite distinct from the function of government. So when we say that Fātimah (‘a) was neither a judge nor a ruler, this does not mean that she was like you and me, or that she has no spiritual superiority over us. Similarly, if someone says, in accordance with the Qur’an, that “The Prophet (s) has higher claims on the believers than their own selves” (33:6), he has attributed to him something more exalted than his right to govern the believers. We will not examine these matters further here, for they belong to the area of another science.
To assume the function of government does not in itself carry any particular merit or status; rather, it is a means for fulfilling the duty of implementing the law and establishing the Islamic order of justice. The Commander of the Faithful (‘a) said to Ibn ‘Abbās[111] concerning the nature of government and command: “How much is this shoe worth?” Ibn ‘Abbās replied: “Nothing”. The Commander of Faithful (‘a) then said: “Command over you is worth still less in my eyes, except for this: by means of ruling and commanding you I may be able to establish the right”—i.e., the laws and institutions of Islam—“and destroy the wrong”[112]—i.e., all impermissible and oppressive laws and institutions.
Rule and command, then, are in themselves only a means, and if this means is not employed for the good and for attaining noble aims, it has no value in the eyes of the men of God. Thus the Commander of the Faithful (‘a) says in his sermon in Nahj al- Balāghah: “Were it not for the obligation imposed on me, forcing me to take up this task of government, I would abandon it.”[113] It is evident, then, that to assume the function of government is to acquire a means, and not a spiritual station, for if government were spiritual station, nobody would be able to either usurp it or abandon it. Government and the exercise of command acquire value only when they become the means for implementing the law of Islam and establishing the just Islamic order; then the person in charge of government may also earn some additional virtue and merit.
Some people, whose eyes have been dazzled by the things of this world, imagine that leadership and government represented in themselves dignity and high station for the Imāms, so that if others come to exercise power, the world will collapse. Now the Soviet ruler, the British Prime Minister, and the American President all exercise power, and they are all unbelievers. They are unbelievers, but they have political power and influence, which they use to execute anti-human laws and policies for the sake of their own interests.
It is the duty of the Imāms and the just fuqahā to use government institutions to execute divine law, to establish the just Islamic system, and serve mankind. Government in itself represents nothing but pain and trouble for them, but what are they to do? They have been given a duty, a mission to fulfill; the governance of the faqīh is nothing but the performance of a duty.
When explaining why he assumed the tasks of government and rule, the Commander of the Faithful (‘a) declared that he did so for the sake of certain exalted aims, namely the establishment of justice and the abolition of injustice. He said, in effect: “O God, You know that it is not our purpose to acquire position and power, but rather to deliver the oppressed from the hands of the unjust. What impelled me to accept the task of command and rule over the people was this: God, Almighty and Exalted, has exacted a pledge from the scholars of religion and assigned the duty of not remaining silent in the face of the gluttony and self-indulgence of the unjust and the oppressor on the one hand, and the wasting hunger of the oppressed, on the other.”[114] He also said: “O God! You know well that the struggle we have waged has not been for the sake of winning political power, nor for seeking worldly goods and overflowing wealth.” He went directly on to explain the goal for the sake of which he and his companions had been struggling and exerting themselves: “Rather it was our aim to restore and implement the luminous principles of Your religion and to reform the conduct of affairs in Your land, so that Your downtrodden servants might gain security and Your laws, which have remained unfulfilled and in abeyance, might be established and executed.”[115]
The ruler who, by means of the organs of government and the power of command that are at his disposal, desires to attain the exalted aims of Islam, the same aims set forth by the Commander of the Faithful (‘a), must possess the essential qualities to which we have already referred; that is, he must know the law and be just. The Commander of the Faithful (‘a) mentions next the qualities essential in a ruler immediately after he has specified the aims of government: “O God! I was the first person that turned toward You by accepting Your religion as soon as I heard your Messenger (s) declare it. No one preceded me in prayer except the Messenger (s) himself. And you, O people! You know well that it is not fitting that one who is greedy and parsimonious should attain rule and authority over the honor, lives, and income of the Muslims, and the laws and ordinances enforced among them, and also leadership of them.
“Furthermore, he should not be ignorant and unaware of the law, lest in his ignorance he mislead the people. He must not be unjust and harsh, causing the people to cease all traffic and dealing with him because of his oppressiveness. Nor must he fear states, so that he seeks the friendship of some and treats others with enmity. He must refrain from accepting bribes when he sits in judgment, so that the rights of men are trampled underfoot and the claimant does not receive his due. He must not leave the practice of the Prophet (s) and law in abeyance, so that the community falls into misguidance and peril.”[116]
Notice how this discourse revolves around two points, knowledge and justice, and how the Commander of the Faithful (‘a) regards them as necessary qualities of the ruler. In the expression: “He should not be ignorant and unaware of the law, lest in his ignorance he mislead the people,” the emphasis is upon knowledge, while in the remaining sentences the emphasis is upon justice, in its true sense. The true sense of justice is that the ruler should conduct himself like the Commander of the Faithful (‘a) in his dealings with other states, in his relations and transactions with the people, in passing sentence and giving judgment, and in distributing the public income. To put it differently, the ruler should adhere to the program of rule that the Commander of the Faithful (‘a) assigned to Mālik Ashtar[117]—in reality, to all rulers and governors, for it is something like a circular addressed to all who exercise rule. If the fuqahā become rulers, they too should consider it as their set of instructions.
Here is a narration totally without ambiguity. The Commander of the Faithful (‘a) relates that the Most Noble Messenger (s) said: “O God! Have mercy on those that succeed me.” He repeated this thrice and was then asked: “O Messenger of God, who are those that succeed you?” He replied: “They are those that come after me, transmit my traditions and practice, and teach them to the people after me.”
Shaykh Sadūq[118] (may God’s mercy be upon him) has related this narration with five chains of transmission (actually four, since two of them are similar in certain respects) in the following books: Jamī‘al-Akhbār, ‘Uyūn Akhbār ar-Ridhā, and Al-Majālis.[119]
Among the cases where this tradition has been designated as musnad,[120] in one instance we find the words “and teach them,” and in other instances we find, “and teach them to the people.” Whenever the tradition is designated as mursal,[121] we find only the beginning of the sentence, with the phrase “and teach them to the people after me” completely omitted.
We can make either of two assumptions with respect to this tradition. First, it is the only instance of the tradition, and the phrase beginning “and teach them” either was later added to the end, or was indeed a part of the tradition but was later omitted in certain versions. The second alternative is more probable. For if the phrase were added, we could not say that it was as the result of mistake or error, given that the tradition was handed down by several chain of transmission and the respective narrators lived at great distances from each other—one in Balkh, another in Nishābūr, and still another elsewhere. Nor is it possible that this phrase was deliberately added; it is highly unlikely that it would have occurred to each of several people living far apart from each other to add such a sentence to the tradition. Therefore, if it is a single narration, we can assert with certainly that either the phrase beginning, “and teach them” was omitted from one of the versions recorded by Shaykh Sadūq (or overlooked by the copyists who wrote down his work), or Shaykh Sadūq himself failed to mention it for some other reason.
The second assumption would be that there are two separate traditions; one without the phrase “and teach them…” and the other with it. If the phrase is part of the tradition, it certainly does not apply to those whose task is simply the narration of tradition and who are not competent to express an independent juridical opinion or judgment. There are certain scholars of tradition who do not understand hadīth at all; as implied in the saying: ”Many a scholar of law falls short of being a faqīh,” they are merely a vehicle for the recording, collecting and writing down of traditions and narrations and for placing them at the disposal of the people. It cannot be said of such scholars that they are the successors of the Prophet, teaching the sciences of Islam.[122] Their efforts on behalf of Islam and the Muslims are of course most valuable, and many scholars of tradition have indeed also been fuqahā, competent to express an independent opinion; e.g., Kulayni,[123] Shaykh Sadūq,[124] and his father (God’s mercy on all of them). These three were fuqahā, and they taught the ordinances and sciences of Islam to the people. When we say that Shaykh Sadūq differed from Shaykh Mufīd,[125] we do not mean that Shaykh Sadūq was unlearned in fiqh,[126] or that he was less learned than Shaykh Mufīd. Shaykh Sadūq was, after all, the person who elucidated all the principles and secondaries of religion in a single sitting. He differed from Shaykh Mufīd and others like him in that they were mujtahids who brought their own reasoning to bear on traditions and narrations, while Shaykh Sadūq was a faqīh who did not have recourse to his own reasoning, or did so only rarely.
The phrase we are discussing applies to those who expound the sciences of Islam, who expound the ordinances of Islam, and who educate the people in Islam, preparing them to instruct others in turn. In the same way, the Most Noble Messenger (s), and the Imāms (‘a) proclaimed and expounded the ordinances of Islam; they had teaching circles where they gave the benefit of their learning to several thousand people, whose duty it was, in turn, to teach others. That is the meaning implied in the phrase “and teach the people…”: disseminating the knowledge of Islam among the people and conveying to them the ordinances of Islam. If we believe that Islam is for all the people in the world, it becomes obvious to every rational mind that the Muslims, and particularly the scholars among them, have the duty of disseminating knowledge of Islam and its ordinances and acquainting the people of the world with them.
If we suppose that the phrase “and teach them to the people” does not belong to the end of the hadīth, then we must see what the Prophet (s) might have meant in his saying: “O God! Have mercy on those that succeed me: those that come after me and transmit my traditions and practice.” The tradition, even in this form, still would not apply to those who merely relate traditions without being fuqahā. For the divine practices and norms constituting the totality of the ordinances of Islam are known as the practice of the Prophet (s) by virtue of the fact that they were revealed to him. So anyone who wishes to disseminate the practices of the Most Noble Messenger (s) must know all the ordinances of God; he must be able to distinguish the authentic from the false, those of absolute from those of limited application, and the general from the specific. Further, he must be able to discern rational categories, distinguish between traditions originating in circumstances of taqiyyah[127] and those originating otherwise, and be fully conversant with all the necessary criteria that have been specified. Traditionists who have not attained the level of ijtihād[128] and who merely transmit hadith know nothing about all this; hence, they are incapable of discerning the true practice of the Messenger of God (s). Mere transmission could have no value in the eyes of the Messenger, and it was certainly not his desire that phrases like: “The Messenger of God said,” or “It is related on the authority of the Messenger of God” should gain currency among the people, if the sentences prefaced by these phrases were counterfeited and not his. What he desired instead was that his true practice should be disseminated among the people and the real ordinances of Islam spread among them. The tradition: “Whoever preserves for my people forty traditions will be resurrected by God as a faqīh”[129] and similar traditions praising the dissemination of hadith do not pertain to traditionists who have no concept of the nature of tradition. They pertain to those who are able to distinguish the true narration of the Most Noble Messenger (s) in accordance with the true ordinances of Islam. Such persons are none other than the mujtahids and the fuqahā; they are the ones able to assess all different aspects and implications of a ruling, and to deduce the true ordinances of Islam on the basis of the criteria they have inherited from the Imāms (‘a). They are the successors of the Most Noble Messenger (s), disseminating the divine ordinances and instructing men in the sciences of Islam. It is for them that the Prophet (s) prayed when he said, “O God! Have mercy on my successors.”
There is no doubt, therefore, that the tradition: “O God! Have mercy on my successors” does not relate to the transmitters of tradition who are mere scribes; a scribe cannot be a successor to the Prophet (s). The successors are the fuqahā of Islam. Dissemination of the ordinances of Islam, as well as the teaching and instruction of the people, is the duty of fuqahā who are just. For if they are not just, they will be like those who forged traditions harmful to Islam, like Samūrah ibn Jundab,[130] who forged traditions hostile to the Commander of the Faithful (‘a). And if they are not fuqahā, they cannot comprehend the nature of fiqh and the ordinances of Islam, and they may disseminate thousands of traditions in praise of kings that have been forged by the agents of the oppressors and pseudo-scholars attached to royal courts. It is easy to see what results they obtained on the basis of the two weak traditions that they set up against the Qur’an, with its insistent commands to rise up against kings and its injunctions to Moses to rebel against the Pharaoh.[131] Quite apart from the Glorious Qur’an, there are numerous traditions exhorting men to struggle against tyrants and those who pervert religion.[132] Lazy people among us have laid these aside and, relying on these two weak hadīths that may well have been forged by court preachers, tell us we must make peace with kings and give our allegiance to the court. If they were truly acquainted with tradition and knowledgeable about religion, they would act instead in accordance with the numerous traditions that denounce the oppressors. If it happens that they are acquainted with tradition, then we must conclude that, they do not have the quality of justice. For, not being just and failing to eschew sin, they overlook the Qur’an and all the narration that condemn the oppressor, and concentrate instead on those two weak hadith. It is the appetites of their stomachs that cause them to cling to them, not knowledge. Appetite and ambition make men subservient to royal courts; true tradition does not.
In any event, the dissemination of the sciences of Islam and the proclamation of its ordinances are the task of the just fuqahā—those who are able to distinguish the true ordinances from the false, and the traditions of the Imāms (‘a) arising in conditions of taqiyyah from those originating otherwise. For we know that our Imāms were sometimes subjected to conditions that prevented them from pronouncing a true ordinance; they were exposed to tyrannical and oppressive rulers who imposed taqiyyah and fear upon them. Naturally, their fear was for religion not themselves, and if they had not observed taqiyyah in certain circumstances, oppressive rulers would have entirely rooted out true religion.
There cannot be the least doubt that the tradition we have been discussing refers to the governance of the faqih, for to be a successor means to succeed to all the functions of prophethood. In this respect what is implied by the sentence: “O God! Have mercy on my successors” is no less than what is implied by the sentence: “ ‘Ali is my successor,” since the meaning of successorship is the same in both cases. The phrase “who come after me and transmit my traditions” serves to designate the successors, not to define succession, for succession was a well-known concept in the first age of Islam and did not require elucidation. Moreover, the person who asked the Prophet (s), whom he meant by his successors was not enquiring after the meaning of successorship; he was requesting the Prophet (s) to specify those whom he meant, as he indeed did in his reply. It is remarkable that nobody has taken the phrase: “ ‘Ali is my successor,” or “the Imāms are my successors,” as referring to the simple task of issuing juridical opinions; instead they derive the tasks of successorship and government from them, whereas they hesitated to draw the same conclusion from the words “my successors” in the tradition under consideration. This is solely because they have imagined that succession to the position of the Most Noble Messenger (s) has been limited or restricted to certain people, and that since each of the Imāms was a successor, the religious scholars cannot act as successors, rulers, and governors. The result is that Islam must be without any leader to care for it, the ordinances of Islam must be in abeyance, the frontiers of Islam must be at the mercy of the enemies of religion, and various kinds of perversion that have nothing to do with Islam are gaining currency.
Muhammad ibn Yahyā relates, on the authority of Ahmad ibn Muhammad, who heard it from Ibn Mahbūb, who was informed of it by ‘Ali ibn Abi Hamzah, that the Imām Abu ‘l-Hasan, son of Ja‘far,[133] (‘a) said: “whenever a believer dies, the angels weep, together with the ground where he engaged in the worship of God and the gates of heaven that he would enter by means of his good deeds. A crack will appear in the fortress of Islam, that naught can repair, for believers who are fuqahā are the fortresses of Islam, like the encircling walls that protect a city.”[134]
In the same chapter of Al-Kāfi, is another version of this tradition, which reads: “Whenever a believer who is a faqih…” instead of “Whenever a believer…” In contrast, at the beginning of the version we have cited, the expression “who is a faqih” is missing. Later in the second version, however, when the cause for the angels’ weeping is adduced, the expression “believers who are fuqahā” does occur. This makes it clear that the word faqih was omitted at the beginning of the tradition, particularly since the concepts “fortress of Islam” and “encircling walls” and the like are fully appropriate to the faqih.
The saying of the Imām (‘a) that “believers who are fuqaha are the fortresses of Islam” actually ascribes to the fuqahā the duty of being guardians of the beliefs, ordinances, and institutions of Islam. It is clear that these words of the Imām (‘a) are not an expression of ceremonial courtesy, like the words we sometimes exchange with each other (I call you “Support of the Sharī‘ah,” and you bestow the same title on me in return!). Nor do they have any similarity to the titles we use in addressing a letter to someone: “His Noble Excellency, the Proof of Islam.”
If a faqīh sits in the corner of his dwelling and does not intervene in any of the affairs of society, neither preserving the laws of Islam and disseminating its ordinances, nor in any way participating in the affairs of the Muslims or having any care for them, can he be called “the fortress of Islam” or the protector of Islam?
If the leader of a government tells an official or a commander, “Go and guard such-and–such an area,” will the duty of guarding that he has assumed permit him to go home and sleep, allowing the enemy to come and ravage that area? Or should he, on the contrary, strive to protect that area in whatever way he can?
Now if you say that we are preserving at least some of the ordinances of Islam, let me ask you this question. Are you implementing the penal law of Islam and the sanctions it provides? You will have to answer no.
So a crack has appeared in the protective wall surrounding Islam, despite your supposedly being its guardians.
Then I ask you: Are you guarding the frontiers of Islam and the territorial integrity of the Islamic homeland? To this, your answer may be: “No, our task is only to pray!”
This means that a piece of the wall has collapsed.
Now I ask you: Are you taking from the rich what they owe the poor and passing it on to them? For that is your Islamic duty, to take from the rich and give to the poor. Your answer may be, in effect: “No, this is none of our concern! God willing, others will come and perform this task.”
Then another part of the wall will have collapsed, and your situation will be like that of Shāh Sultān Husayn waiting for the fall of Isfahan.[135]
What kind of fortress is this? Each of the corners is occupied by some “pillar of Islam,” but all he can do is offer excuses when put to the test. Is that what we mean by “fortress”?
The meaning of the statement of the Imām (‘a) that the fuqahā are the fortresses of Islam is that they have a duty to protect Islam and that they must do whatever is necessary to fulfill that duty. It is one of the most important duties and, moreover, an absolute duty, not a conditional one. It is an issue to which the fuqahā of Islam must pay particular attention. The religious teaching institution must give due thought to the matter and equip itself with the means and strength necessary to protect Islam in the fullest possible sense, just as the Most Noble Messenger (s) and the Imāms (‘a) were the guardians of Islam, protecting its beliefs, ordinances and institutions in the most comprehensive manner.
We have abandoned almost all aspects of our duty, restricting ourselves to passing on, from one generation to the next; certain parts of Islamic law and discussing them among ourselves. Many of the ordinances of Islam have virtually become part of the occult sciences, and Islam itself has become a stranger;[136] only its name has survived.
All the penal provisions of Islam, which represent the best penal code ever devised for humanity, have been completely forgotten; nothing but their name has survived. As for the Qur’anic verses stipulating penalties and sanctions, “Nothing remains of them but their recitation.”[137] For example, we recite the verse: “Administer to the adulterer and the adulteress a hundred lashes each”(24:2), but we do not know what to do when confronted with a case of adultery. We merely recite the verse in order to improve the quality of our recitation and to give each sound its full value. The actual situation prevailing in our society, the present state of the Islamic community, the prevalence of lewdness and corruption, the protection and support extended by our governments to adultery—none of this concern us! It is enough that we understand what penalties have been provided for the adulterer and adulteress without attempting to secure their implementation or otherwise struggling against the existence of adultery in our society!
I ask you, is that the way the Most Noble Messenger (s) conduct himself? Did he content himself with reciting the Qur’an, then lay it aside and neglect to ensure the implementation of its penal provisions? Was it the practice of the successors of the Prophet (s) to entrust matters to the people and tell them, “I have no further concern with you”? Or, on the contrary, did they decree penalties for various " href="http://www.al-islam.org/islamicgovernment/6.htm#_ftn138" name="_ftnref138" title="">[138] and government are for the sake of ordering the affairs of society.
It is our duty to preserve Islam. This duty is one of the most important obligations incumbent upon us; it is more necessary even than prayer and fasting. It is for the sake of fulfilling this duty that blood must sometimes be shed. There is no blood more precious than that of Imām Husayn (‘a), yet it was shed for the sake of Islam, because of the precious nature of Islam. We must understand this matter well and convey it to others. You can be the true successors to the Prophet (s) as the guardians of Islam only if you teach Islam to the people; do not say, “We will wait until the coming of the Imām of the Age (‘a).” Would you consider postponing your prayer until the coming of the Imām? The preservation of Islam is even more important than prayer. Do not follow the logic of the governor of Khumayn[139] who used to say, “We must promote sin so that the Imām of the Age (‘a) will come. If sin does not prevail, he will not manifest himself!”[140] Do not sit here simply debating among yourselves. Study all the ordinances of Islam and propagate all aspects of the truth by writing and publishing pamphlets. It cannot fail to have an effect, as my own experience testifies.
‘Ali relates, on the authority of his father, from an-Nawfali, who had it from as-Sukūni, who was told it by Abu ‘Abdullāh (‘a), that the Most Noble Messenger (s) said, “The fuqahā are the trustees of the prophets (‘a), as long as they do not concern themselves with the illicit desires, pleasures, and wealth of the world.” The Prophet (s) was then asked: “O Messenger of God! How may we know if they do so concern themselves?” He replied: “By seeing whether they follow the ruling power. If they do that, fear for your religion and shun them.”[141] Examination of the whole of this hadith would involve us in a lengthy discussion. We will speak only about the phrase: “The fuqahā are the trustees of the prophets (‘a),” since it is what interests us here because of its relevance to the topic of the governance of faqīh.
First, we must see what duties, powers, and functions the prophets (‘a) had in order to discover what the duties of the fuqahā, the trustees and successors of the prophets (‘a), are in turn.
In accordance with both wisdom and the essential nature of religion, the purpose in sending the prophets (‘a) and the task of the prophets (‘a) cannot be simply the delivery of judgments concerning a particular problem or the expounding of the ordinances of religion. These judgments and ordinances were not revealed to the Prophet (s) in order for him and the Imāms (‘a) to convey them truthfully to the people as series of divinely appointed muftis,[142] and then to pass this trust on in turn to the fuqahā, so that they might likewise convey them to the people without any distortion. The meaning of the expression: “The fuqahā are the trustees of the prophets (‘a)” is not that the fuqahā are the trustees simply with respect to the giving of juridical opinions. For in fact the most important function of the prophets (‘a) is the establishment of a just social system through the implementation of laws and ordinances (which is naturally accompanied by the exposition and dissemination of the divine teachings and beliefs). This emerges clearly from the following Qur’anic verse: “Verily We have sent Our messengers with clear signs, and sent down with them the Book and the Balance, in order that men might live in equity” (57:25). The general purpose for the sending of prophets (‘a), then, is so that men’s lives may be ordered and arranged on the basis of just social relations and true humanity may be established among men. This is possible only by establishing government and implementing laws, whether this is accomplished by the prophet himself, as was the case with the Most Noble Messenger (s), or by the followers who come after him.
God Almighty says concerning the khums: “Know that of whatever booty you capture, a fifth belongs to God and His Messenger and to your kinsmen”(8:41). Concerning zak āt He says: “Levy a tax on their property”(9:103). There are also other divine commands concerning other forms of taxation. Now the Most Noble Messenger (s) had the duty not only of expounding these ordinances, but also of implementing them; just as he was to proclaim them to the people, he was also to put them into practice. He was to levy taxes, such as khums, zakāt and kharāj, and spend the resulting income for the benefit of the Muslims; establish justice among peoples and among the members of the community; implement the laws and protect the frontiers and independence of the country; and prevent anyone from misusing or embezzling the finances of the Islamic state.
Now God Almighty appointed the Most Noble Messenger (s) head of the community and made it a duty for men to obey him: “Obey God and obey the Messenger and the holders of authority from among you” (4:59). The purpose for this was not so that we would accept and conform to whatever judgment the Prophet (s) delivered. Conformity to the ordinances of religion is obedience to God; all activities that are conducted in accordance with divine ordinances, whether or not they are ritual functions, are a form of obedience to God. Following the Most Noble Messenger (s), then, is not conforming to divine ordinances; it is something else. Of course, obeying the Most Noble Messenger (s) is, in a certain sense, obeying God; we obey the Prophet (s) because God has commanded us to do so. But if, for example, the Prophet (s), in his capacity as leader and guide of Islamic society, orders everybody to join the army of Usāmah,[143] so that no one has the right to hold back, it is the command of the Prophet (s), not the command of God. God has entrusted to him the task of government and command, and accordingly, in conformity with the interests of the Muslims, he arranges for the equipping and mobilization of the army, and appoints or dismisses governors and judges.
This being the case, the principle: “The fuqahā are the trustees of the prophets (‘a)” means that all of the tasks entrusted to the prophets (‘a) must also be fulfilled by the just fuqahā as a matter of duty. Justice, it is true; is a more comprehensive concept than trustworthiness and it is possible that someone may be trustworthy with respect to financial affairs, but not just in a more general sense.[144] However, those designated in the principle: “The fuqahā are the trustees of the prophets (‘a)” are those who do not fail to observe any ordinances of the law, and who are pure and unsullied, as is implied by the conditional statement: “as long as they do not concern themselves with the illicit desires, pleasures, and wealth of this world”---that is, as long as they do not sink into the morass of worldly ambition. If a faqīh has as his aim the accumulation of worldly wealth, he is longer just and cannot be the trustee of the Most Noble Messenger (‘a) and the executor of the ordinances of Islam. It is only the just fuqahā who may correctly implement the ordinances of Islam and firmly establish its institutions, executing the penal provisions of Islamic law and preserving the boundaries and territorial integrity of the Islamic homeland. In short, implementation of all laws relating to government devolves upon the fuqahā: the collection of khums, zakāt, sadaqah, jizyah, and kharāj and the expenditure of the money thus collected in accordance with the public interest; the implementation of the penal provisions of the law and the enactment of retribution (which must take place under the direct supervision of the ruler, failing which the next-of-kin of the murdered person has no authority to act); the guarding of the frontiers; and the securing of public order.
Just as the Most Noble Messenger (s) was entrusted with the implementation of divine ordinances and the establishment of the institutions of Islam, and just as God Almighty set him up over the Muslims as their leader and ruler, making obedience to him obligatory, so, too, the just fuqahā must be leaders and rulers, implementing divine ordinances and establishing the institutions of Islam.
Since Islamic government is a government of law, those acquainted with the law, or more precisely, with religion—i.e., the fuqahā—must supervise its functioning. It is they who supervise all executive and administrative affairs of the country, together with all planning.
The fuqahā are the trustees who implement the divine ordinances in levying taxes, guarding the frontiers, and executing the penal provisions of the law. They must not allow the laws of Islam to remain in abeyance, or their operation to be effected by either defect or excess. If a faqīh wishes to punish an adulterer, he must give him one hundred lashes in the presence of the people, in the exact manner that has been specified. He does not have the right to inflict one additional lash, to curse the offender, to slap him, or to imprison him for a single day. Similarly, when it comes to the levying of taxes, he must act in accordance with the criteria and the laws of Islam; he does not have the right to tax even a shāhi[145] in excess of what the law provides. He must not let disorder enter the affairs of the public treasury or even so much as a shāhi be lost. If a faqīh acts in contradiction to the criteria of Islam (God forbid!), then he will automatically be dismissed from his post, since he will have forfeited his quality of trustee.
Law is actually the ruler; the security for all is guaranteed by law, and law is their refuge. Muslims and the people in general are free within the limits laid down by the law; when they are acting in accordance with the provisions of the law, no one has the right to tell them, “Sit here,” or “Go there.” An Islamic government does not resemble states where the people are deprived of all security and everyone sits at home trembling for fear of a sudden raid or attack by the agents of the state. It was that way under Mu‘āwiyah[146] and similar rulers: people had no security, and they were killed or banished, or imprisoned for lengthy periods, on the strength of an accusation or a mere suspicion, because the government was not Islamic. When an Islamic government is established, all will live with complete security under the protection of the law, and no ruler will have the right to take any step contrary to the provisions and laws of the immaculate sharī‘ah.
The meaning of “trustee,” then, is that the fuqahā execute as a trust all the affairs for which Islam has legislated—not that they simply offer legal judgments on given questions. Was that the function of the Imām (‘a)? Did he merely expound the law? Was it the function of the prophets (‘a) from whom the fuqahā have inherited it as a trust? To offer judgment on a question of law or to expound the laws in general is, of course, one of the dimensions of fiqh. But Islam regards law as a tool, not as an end in itself. Law is a tool and an instrument for the establishment of justice in society, a means for man’s intellectual and moral reform and his purification. Law exists to be implemented for the sake of establishing a just society that will morally and spiritually nourishrefined human beings. The most significant duty of the prophets (‘a) was the implementation of divine ordinances, and this necessarily involved supervision and rule.
There is a tradition of Imām Ridā (‘a) in which he says approximately the following: “An upright, protecting, and trustworthy imām is necessary for the community in order to preserve it from decline,” and then reasserts that the fuqahā are the trustees of the prophets (‘a). Combining the two halves of the tradition, we reach the conclusion that the fuqahā must be the leaders of the people in order to prevent Islam from falling into decline and its ordinances from falling into abeyance.
Indeed it is precisely because the just fuqahā have not had executive power in the lands inhabited by Muslims and their governance has not been established that Islam has declined and its ordinances have fallen into abeyance. The words of Imām Ridā have fulfilled themselves; experience has demonstrated their truth.
Has Islam not declined? Have the laws of Islam not fallen into disused in the Islamic countries? The penal provisions of the law are not implemented; the ordinances of Islam are not enforced; the institutions of Islam have disappeared; chaos, anarchy, and confusion prevail—does not all this mean that Islam has declined? Is Islam simply something to be written down in books like al-Kāfi[147] and then laid aside? If the ordinances of Islam are not applied and the penal provisions of the law are not implemented in the external world—so that the thief, the plunderer, the oppressor, and the embezzler all go unpunished while we content ourselves with preserving the books of law, kissing them and laying them aside (even treating the Qur’an this way), and reciting Yā-Sin on Thursday nights[148]—can say that Islam has been preserved?
Since many of us did not really believe that Islamic society must be administered and ordered by an Islamic government matters have now reached such a state that in the Muslim countries, not only does the Islamic order not obtain, with corrupt and oppressive laws being implemented instead of the laws of Islam, but the provisions of Islam appear archaic even to the ‘ulamā. So when the subject is raised, they say that the tradition: “The fuqahā are trustees of the prophets” refers only to the issuing of juridical opinions. Ignoring the verses of the Qur’an, they distort in the same way all the numerous traditions that the scholars of Islam are to exercise rule during the Occultation. But can trusteeship be in this manner? Is the trustee not obliged to prevent the ordinances of Islam from falling into abeyance and criminals from going unpunished? To prevent the revenue and income of the country from being squandered, embezzled or misdirected?
It is obvious that all of these tasks require the existence of trustees, and that it is the duty of the fuqahā to assume the trust bequeathed to them, to fulfill it in a just and trustworthy manner.
The Commander of the Faithful (‘a) said to Shurayh[149]: “The seat [of judge] you are occupying is filled by someone who is a prophet (‘a), the legatee of a prophet, or else a sinful wretch.”[150] Now since Shurayh was neither a prophet nor the legatee of a prophet, it follows that he was a sinful wretch occupying the position of judge. Shurayh was a person who occupied the position of judge in Kūfah for about fifty or sixty years. Closely associated with the party of Mu‘āwiyah, Shurayh spoke and issued fatwās[151] in a sense favorable to him, and he ended up rising in revolt against the Islamic state. The Commander of the Faithful (‘a) was unable to dismiss Shurayh during his rule, because certain powerful figures protected him on the grounds that Abu Bakr and ‘Umar had appointed him and that their action was not to be controverted. Shurayh was thus imposed upon the Commander of the Faithful (‘a), who did, however, succeed in ensuring that he abided by the law in his judgment.
It is clear from the foregoing tradition that the position of judgment may be exercised only by a prophet (‘a) or by the legatee of a prophet. No one would dispute the fact that the function of judge belongs to the just fuqahā, in accordance with their appointment by the Imāms (‘a). This unanimity contrasts with the questions of the governance of the faqīh: some scholars, such as Narāqi,[152] or among more recent figures, Nā’ini,[153] regard all of the extrinsic functions and tasks of the Imāms (‘a) as devolving upon the faqih, while other scholars do not. But there can be no doubt that the function of judging belongs to the just fuqahā; this is virtually self-evident.
Considering the fact that the fuqahā do not have the rank of prophethood, and they are indubitably not “wretched sinners,” we conclude that, in the light of the tradition quoted above, they must be the legatees or successors of the Most Noble Messenger (s). Since, however, the expression “legatee of a prophet” is generally assumed to refer to his immediate successors, this tradition and others similar to it are only rarely cited as evidence for the successorship of the fuqahā. The concept “legatee of a prophet” is a broad one, however, and includes the fuqahā. The immediate legatee of the Most Noble Messenger (s) was of course the Commander of the Faithful (‘a), who was followed by the other Imāms (‘a), and the affairs of the people were entrusted to them. But no one should imagine that the function of governing or sitting in judgment was a form of privilege for the Imāms. Rule was entrusted to them only because they were best able to establish a just government and implement social justice among the people. The spiritual stations of the Imāms, which far transcend human comprehension, had no connection with their naming and appointing officials. If the Most Noble Messenger (s) had not appointed the Commander of the Faithful to be his successor, he would still have possessed the same sublime spiritual qualities. It is not that the exercise and function of government bestow spiritual rank and privilege on a man; on the contrary, spiritual rank and privilege qualify a man for the assumption of government and social responsibilities.
In any event, we deduce from the tradition quoted above that the fuqahā are the legatees, at one remove, of the Most Noble Messenger (s) and that all the tasks he entrusted to the Imāms (‘a) are also incumbent on the fuqahā; all the tasks that Messenger (s) performed, they too must perform, just as the Commander of the Faithful (‘a) did.
There is another tradition that may serve as proof or support for our thesis, one that is, indeed, preferable with respect to both its chain of transmission and its meaning. One chain of transmission for it, that passing through Kulayni, is weak, but the other, mentioned by Sadūq and passing through Sulaymān ibn Khālid[154] is authentic and reliable. This is the text of the tradition. Imām Ja‘far as-Sādiq[155] (‘a) said: “Refrain from judging, because judging is reserved for an imām who is knowledgeable of the law and legal procedures and who behaves justly toward all the Muslims; it is reserved for a prophet (‘a) or the legatee of a prophet.”
Notice that the person who wishes to sit in judgment must, first of all, be an imām. What is meant here by imām is the common lexical meaning of the word, “leader” or “guide,” not its specific technical sense. In this context the Prophet (s) himself counts as an imām. If the technical meaning of imām[156] were intended, the specification of the attributes of justice and knowledge in the tradition would be superfluous. Second, the person who wishes to exercise the function of a judge must possess the necessary knowledge. If he is an imām, but unlearned in matters of law and juridical procedure, he does not have the right to be a judge. Third, he must be just. The position of judge, then, is reserved for those who posses these three qualifications—being a leader, and being knowledgeable and just. The tradition proceeds to clarify that these three qualifications can be found only in a prophet (‘a) or the trustee of a prophet.
I stated earlier that the function of judge belongs exclusively to the just faqīh; this is a fundamental aspect of fiqh, which is not a matter of dispute. Let us now see whether the three-fold qualifications for exercising the function of judge are present in the faqīh. Obviously we are concerned here only with the just faqīh, not with any faqīh. The faqīh is, by definition, learned in matters pertaining to the function of judge, since the term faqīh is applied to one who is learned not only in the laws and judicial procedure of Islam, but also in the doctrines, institutions, and ethics of the faith—the faqīh is, in short, a religious expert in the full sense of the word. If, in addition, the faqīh is just, he will be found to have two of the necessary qualifications. The third qualification is that he should be an imām, in the sense of leader. Now we have already stated that the just faqīh occupies a position of guidance and leadership with respect to judging, in accordance with his appointment by the Imām (‘a). Further, the Imām has specified that the three necessary qualifications are not to be found in anyone except a prophet (‘a) or the legatee of a prophet. Since the fuqahā are not prophets (‘a) they must be legatees or successors of the prophets (‘a). Therefore, we come to the conclusion that the faqīh is the legatee of the Most Noble Messenger (s), and in addition, during the Occultation of the Imām (‘a), he is the leader of the Muslims and the chief of the community. He alone may exercise the function of judge and no one else has the right to occupy the position of judgeship.
To whom should we recourse in social circumstances?
The third tradition relates to a signed decree of the Imām from which certain conclusions may be deduced, as I propose to do.
It is related in the bookIkmāl ad-DīnwaItmām an-Ni‘mah[157]that Ishāq ibn Ya‘qūb wrote a letter to the Imām of the Age[158] (may God hasten his renewed manifestation) asking him for guidance in certain problems that had arisen, and Muhammad ibn ‘Uthmān al-‘Umari,[159] the deputy of the Imām (‘a), conveyed the letter to him. A response was issued, written in the blessed hand of the Imam (‘a), saying: “In case of newly occurring social circumstances, you should turn for guidance to those who relate our traditions, for they are my proof to you, as I am God’s proof.”
What is meant here by the phrase “newly occurring social circumstances” (hawādith-i wāqi‘ah) is not legal cases and ordinances. The writer of the letter did not wish to ask what was to be done in the case of legal issues that were without precedent. For the answer to that question would have been self-evident according to the Shī‘i school, and unanimously accepted traditions specify that one should have recourse to the fuqahā in such cases. Indeed people had recourse to the fuqahā and made enquiries of them even during the lifetime of the Imāms (‘a). A person living in the time of the Lesser Occultation and in communication with the four deputies of the Imam (‘a), who wrote a letter to him and received an answer, must have known whom to refer to for the solution of legal cases. What is meant by hawādith-i wāqi‘ah is rather the newly arising situations and problems that affect the people and the Muslims. The question Ishāq ibn Ya‘qūb was implicitly posing was this: “Now that we no longer have access to you, what should we do with respect to social problems? What is our duty?” Or, he may have mentioned certain specific events and then asked: “To whom should we have recourse for guidance in these matters?” But it seems that his question was general in intent and that the Imām (‘a) responded in correspondingly general fashion, saying, “With respect to such occurrences and problems, you should refer to those who narrate our traditions, i.e., the fuqahā. They are my proofs to you, and I am God’s proof to you.”
What is the meaning of “God’s proof”?[160] What do you understand by this term? Can a single tradition count as a proof? If Zurārah[161] related a tradition, would that make him a proof? Is the Imām of the Age (‘a) comparable in authority to Zurārah, whom we follow in the sense that we act upon a tradition of the Most Noble Messenger (s) that Zurārah has narrated? When it is said that the holder of authority is the proof of God, does it mean that he is a “proof” purely with respect to details of the law, with the duty of giving legal opinions? The Most Noble Messenger (s) said: “I am now departing, and the Commander of the Faithful (‘a) will be my proof to you.” Do you deduce from this that after the Prophet (s) departed all tasks came to an end except delivering legal opinions, and that this was all that was left for the Commander of the Faithful (‘a)? Or on the contrary, does the term “proof of God” mean that just as the Most Noble Messenger (s) was the proof and authoritative guide of all the people, just as God had appointed him to guide people in matters, so too the fuqahā are responsible for all affairs and are the authoritative guides of the people?
A “proof of God” is one whom God has designated to conduct affairs; all his deeds, actions, and sayings constitute a proof for the Muslims. If some one commits an offense, reference will be to the “proof” for adducing evidence and formulating the charge. If the “proof” commands you to perform a certain act, to implement the penal provisions of the law in a certain way, or to spend the income derived from booty, zakāt, and sadaqah[162] in a certain manner, and you fail to obey him in any of these respects, then God Almighty will advance a “proof” against you on the Day of Judgment. If, despite the existence of the “proof,” you turn to oppressive authorities for the solution of your affairs, again God Almighty will refer to the “proof” as an argument against you on the Day of Judgment, saying: “I established a proof for you; why did you turn instead to the oppressors and the judicial system of the wrongdoers?” Similarly, God designates the Commander of the Faithful (‘a) as a “proof” against those who disobeyed him and followed false paths. Again, against those who assumed the caliphate, against Mu‘āwiyah and the Umayyad caliphs, against the Abbasid caliphs, and those who acted in accordance with their desires, a proof and argument is established: “Why did you illicitly assume rule over the Muslims? Why did you usurp the caliphate and government, despite your unworthiness?”
God calls to account all oppressive rulers
