Political Perspectives

Political Perspectives
Author: Mohammad Reza Nokonam (b. 1327)

Publication Information:

• Published by Sobhe Farda Publications, Islamshahr, 1393.
• Physical details: 72 pages, 11×21 cm.
• Series: Collected Works; No. 32.
• ISBN: 978-600-7347-43-0.
• Price: 30,000 IRR.

Catalogue Status: FAPA
Subject Areas:

• Guardianship of the Islamic Jurist (Velayat-e Faqih)
• Islamic Taxation
• Iran – History – Islamic Republic, 1979–
• Iran – Politics and Government – Post-1979

Library of Congress Classification: DSR1570/N8N6 1393
Dewey Decimal Classification: 955/084
National Bibliography Number: 3681749

Preface

The justification of the legitimacy, rightfulness, and effectiveness of any political system is one of the key concerns for those who believe in and shape such systems, as these three elements are essential for the sustainability of any regime. In the article “Legitimacy, Rightfulness, and Effectiveness of a System”, the author revisits the different types of legitimacy and rightfulness in political philosophy and explores the relationship between legitimacy, rightfulness, and the effectiveness of a political system. He examines the impact of effectiveness on the rightfulness and legitimacy of a regime, while identifying the factors influencing the emergence of the Islamic Revolution of Iran and its subsequent phases. He also outlines the consequences and challenges of interpreting the legitimacy of the system through the lens of “Guardianship of the Islamic Jurist” (Velayat-e Faqih), and in conclusion, presents the structural issues and types of factors that reduce the system’s legitimacy and provides suggestions for overcoming this crisis.

The article “Major Social Issues in Iran” identifies the primary causes of religious disaffection among the masses, which can lead to their defiance of religious practices. The article highlights the danger of hidden hypocrisy and those with dual personalities, calling for a serious rethinking of religious practice. The article suggests that the greatest challenge facing the system today is the “lack of theoretical innovation” and the “insufficient issuing of authoritative legal opinions (fatwas)” regarding the most pressing and general issues of the present era.

The article “Religious Government (Velayat), Religious Authority, and Leadership” argues that jurisprudence (faqah) is the eternal key to ensuring the vitality and action of a religious society. It stresses that the leadership position, in its most basic form, must be free of any weaknesses such as old age, ignorance, or selfish desires. The article emphasizes that, in the presence of the necessary leadership conditions, should the people turn away from their actions or the divine decrees of the leader, they would fall into deviation and sin.

In this article, the author underscores that the legitimacy of the Islamic Jurist’s leadership is not contingent upon public acceptance. Rather, he argues that public acceptance only affects the external realization of the leader’s influence, not the legitimacy or religious validity of their position. The leadership position is an inherently divine, real, and personal one and cannot be perceived as a collective or shared position. The article also investigates the extent of the jurisdiction and power of multiple, overlapping jurists.

The fifth article examines the role of taxation within the broader structure of society, focusing on the necessity of securing resources for the administration of public affairs. It distinguishes between government and religious taxes, analysing their differences and their respective legal and ethical implications. The author asserts that merely being a complete jurist does not entitle an individual to collect religious dues; instead, the capacity to use these funds effectively and with the necessary authority is also required. This condition is linked to the contemporary challenges in the management of religious funds.

The first article of this collection provides an outline of the method used in presenting religious culture and the organization of the research and writings that the author has produced. The texts, due to a lack of resources, have not been presented to the academic community. However, the author believes these writings can address the “lack of theoretical innovation,” which is one of the most significant challenges facing the system today.

The main goal of this project is to impart true knowledge, understand religious teachings, and achieve spiritual closeness to the divine.

Methodology of Presenting Religious Culture

Method and Objective of the Project:

a. The author has written over one hundred pieces on various topics, which must be studied with great attention by scholars. Each topic should be separated into individual sections ranging from a line to a few pages, and then organised through the use of computer software for categorization and indexing. Once these texts are digitized and tagged, they can be printed for further review. For instance, in psychology, all related materials should be extracted and classified according to their internal relationships or aligned with established theories in scientific psychology.

b. Initially, existing theories in psychology should be structured and explored. For example, in the theory of personality, one might investigate Freudian psychoanalysis, descriptive approaches, or humanistic behavioural theories. These structures should be sampled and mapped out for further discussion to determine whether they present a coherent framework or exhibit significant differences. The final results should be presented with attention to detail to ensure previously unexplored or unaddressed topics are fully acknowledged.

c. Constructing and diagramming various theories across disciplines depends on a deep understanding and the identification of essential questions. Scholars should classify and present diverse ideas, particularly those that initially seem disconnected, into a cohesive, well-organised body of work.

Suggestions

1. This research should be undertaken with the necessary resources, ensuring the shortest path to the desired outcome.
2. New materials in fields such as human sciences, experimental sciences, Islamic studies, and beliefs should be collected and critically examined to form comprehensive reference books with innovative approaches.
3. Findings from each field should be presented in two forms: general and specialized, especially in the form of academic textbooks.
4. Updated editions of reference books and encyclopaedias on the relevant sciences should be compiled.
5. New findings should be analysed and reviewed by contemporary academic leaders for further refinement.
6. The research produced should be categorized and indexed by topics, and its usefulness should be assessed to ensure it meets academic needs.
7. A team of qualified individuals should be appointed to oversee this project, ensuring the research is reviewed, critically analysed, and synthesized in an academically rigorous manner.
8. Time should be allocated to introduce individuals to the results of individual or group research findings, fostering an academic culture of reflection and critique.

Thematic Organisation of Sciences

1. New areas of human sciences should be integrated with Islamic discussions. This includes examining the interrelationship between humanistic studies, especially ethics and social sciences, within an Islamic framework.
2. The discipline of human sciences should be divided into epistemological, applied, and social categories, each with its own focus and educational approach.
3. Applied sciences such as law and linguistics should have social relevance and practical application, while social sciences such as politics, economics, and international relations should be considered as foundational areas of study.
4. These subjects should be carefully structured and presented in a systematic, detailed manner to ensure clarity and coherence.

(27)

The focus of this discourse is to examine the components that contribute to the stability of the Islamic Republic system, which include legitimacy, justice, and efficiency. This writing, by recalling the various types of justice and legitimacy in political philosophy, explores the relationship between legitimacy, justice, and the efficiency of the political system. It investigates the impact of efficiency on the justice and legitimacy of the system and discusses the consequences and risks of interpreting the legitimacy of the system as related to the Guardianship of the Jurisprudent (Wilayat al-Faqih). Finally, it presents the structural problems and propositions that affect the reduction of legitimacy and offers methods for overcoming this crisis.

The Islamic Republic System Arises from the Muslim People

(28)

The Islamic Republic system arises from the Muslim people, those who are loyal to the leadership and love the noble family of the Prophet (Ahl al-Bayt). The people are considered the true owners of this system. These people are committed to their religion, believe in divine sovereignty, and accept divine leadership. They have entrusted the management of Islamic society and the leadership of the system to religious experts and scholars (Fuqaha). To support and establish necessary conditions, they have established civil institutions and actively participated in all aspects of the system, including defense and elections. In return, they expect the government to implement and enforce the teachings of Shariah, to be accountable for its actions, to respect individual freedoms as long as they do not conflict with law and religion, and not to impose anything outside the scope of Sharia on them. They also expect the government to organize and regulate the country’s economy in alignment with religious goals and teachings, even if this requires intervention in their private economy. The people consider the legitimacy and justice of this system to be dependent on the system’s efficiency in fulfilling these objectives.

The Nation’s Belief in the Guardianship of the Jurisprudent

(29)

The nation holds a heartfelt belief in the Guardianship of the Jurisprudent and cherishes it. They adhere to the majority vote while preserving all citizens’ rights and regard the efficiency of the system as an influencing factor on its legitimacy and justice. These three elements form the foundation of the system’s stability and its legitimate standing.

Legitimacy and Efficiency of the Islamic Republic

Justice, Legitimacy, and Efficiency

Justice, in its philosophical meaning, is a concept that applies to political matters, particularly governance over the people. In other words, a system is just if it is philosophically reasonable and rational.

In political philosophy, legitimacy may be religious, philosophical, or democratic. Religious legitimacy asserts that, for instance, the right to rule belongs to the infallible Imam, or, as in the case of medieval Christianity, to the church, which holds the right to govern.

If a government is based on the principles of ethical philosophy and seeks to institutionalize moral goals in society, it holds philosophical legitimacy. This type of government naturally leads to the rule of capable elites.

(30)

When the right to rule is solely considered the people’s, democratic legitimacy is established. Legitimacy refers to the approval of the people, and this concept ties to how the people perceive the government. Based on this, the number and nature of people who accept the political system influences the nature of legitimacy, which can be categorized into three general types: traditional, rational, and democratic legitimacy. Traditional legitimacy arises when the people accept a government due to social beliefs, traditions, or the personal power and charisma of an individual whom they consider a competent leader. Rational legitimacy, on the other hand, is based on the people’s rational beliefs, while democratic legitimacy occurs when the people themselves directly or indirectly take on governance.

However, efficiency refers to the practical ability to achieve the objectives for which the government is formed. In this sense, efficiency is entirely dependent on the government’s performance, whereas legitimacy relies on the people’s perceptions and beliefs.

(31)

Independence, security, stability, welfare, social justice, freedom, and the fundamental values of a society that align with its native culture and traditions are considered key indicators of the efficiency of any political system.

Additionally, when assessing the efficiency of a system, attention must be given to how, when, and to what effect large-scale policies are implemented and overseen in terms of planning and execution.

From what has been discussed, it can be concluded that efficiency and justice affect legitimacy, but legitimacy is not entirely dependent on these two indicators. For example, while the government of Imam Ali (AS) had both justice and efficiency, it did not have legitimacy. Similarly, during the Iran-Iraq War, the Islamic Republic had legitimacy but lacked efficiency. If an Islamic system fails to address the material needs of society, or to foster the growth of religious belief, it may lose its justice, which will, in turn, lead to a loss of legitimacy. Therefore, efficiency directly affects both the justice and legitimacy of a political system.

(32)

During the period of dictatorship under the Shah, the royal regime was unable to achieve independence or reduce foreign influence on the country’s fate, nor could it create religious security or protect its religious practices. These deficiencies were among the main motivations for the revolution led by Imam Khomeini. As a result, a massive public movement arose against the regime, which eventually led to its downfall. Despite the monarchy’s traditional and authoritarian legitimacy, the inefficiency of the government and the cultural advancement and communications revolution brought about by Imam Khomeini’s rise as an exceptional political figure stripped the regime of both its justice and legitimacy. Imam Khomeini, regarded as a religious authority, gained the loyalty and obedience of the public, thus, before the concept of the Guardianship of the Jurisprudent became institutionalized, the legitimacy and justice of the leadership were attributed to him, laying the foundations for the Islamic Republic and its institutions to support his leadership.

(33)

A system that includes religious leadership, a belief in meritocracy, and the active participation of the people gains democratic legitimacy.

Assessing the Efficiency of the Islamic Republic System

As previously stated, efficiency directly influences the legitimacy and justice of the political system. With this in mind, the efficiency of the Islamic system is assessed post-establishment of the Islamic Republic.

After the Islamic Revolution, the primary focus of the system’s authorities was on removing non-aligned groups and factions. This policy created fear among the country’s experts and specialists, leading to the phenomenon of “brain drain.” In its initial stages, this policy lacked comprehensive organization, specific guidelines, and a legal framework and was therefore used as a means to eliminate competing political factions.

Furthermore, the theorists and intellectuals of the revolution interpreted the justice of the revolution in terms of the political system of absolute rule by the jurist (Wilayat al-Faqih). In terms of legitimacy, the ideas and actions of certain religious elites, especially after the death of Imam Khomeini, revolved around emphasizing the role of jurisprudence in legitimizing and ensuring the efficiency of the system, while opposing meritocracy and the democratic nature of Iran’s political system. This policy led some intellectuals and people who lacked strong religious beliefs to lose their confidence in the system’s justice. This gave rise to critiques of the doctrinal foundations of the jurisprudential theory of the Guardianship of the Jurisprudent, weakening its legitimacy, which in turn negatively impacted the system’s efficiency and, consequently, its legitimacy.

Additionally, the absence of a systematic model for the relationship between the system’s institutions, the contradictions and ambiguities between them, or between these institutions and the people, or the constitution, and the lack of a guiding institution for the people beyond political leadership contributed to the erosion of legitimacy and justice.

(34)

The policy of focusing on the role of jurisprudence in the legitimacy and efficiency of the system also made the burden of governance more difficult for the masses who lacked firm religious convictions. This caused the rate of opposition among intellectuals and the public to increase, paving the way for some political figures to misuse the system by attributing their actions to sacred matters and the Guardianship of the Jurisprudent. This approach is, in fact, a form of intellectual stagnation and opposition to meritocracy.

However, several events temporarily improved the legitimacy of the system, such as during certain periods of the Iran-Iraq War, the beginning of the reconstruction phase, and the Second Khordad elections. Although these events could not overshadow the systemic structural problems.

The most effective way for the Islamic system to achieve legitimacy is to present a vision of government characterized by desirable traits that align with the expectations of the nation at the beginning of the revolution. This vision can be realized through consistent effort and by keeping the system grounded in philosophical and political thought, avoiding unnecessary entanglement in legal debates, and emphasizing fundamental concepts that have been overlooked due to structural contradictions or individual and factional opportunism. The system must address all criticisms and reformist arguments or criticisms of the Guardianship of the Jurisprudent, while using innovation in thought, knowledge, and jurisprudence to protect itself.

The Position and Reciprocal Rights of the People and Government

From the above, it is concluded that:

• The nation is the founder of the state and the rightful owner of the government; thus, a decrease in the people’s commitment to religion leads to the collapse of the system.
• The people believe that sovereignty belongs to God and accept divine leadership, entrusting the governance of society to committed religious experts.
• The people establish civil institutions to support the government and ensure it adheres to religious principles.
• The government is obligated to enforce the commands and goals of religion, even if they conflict with personal and social rights, as the nation has accepted the teachings of Islam.
• The government must be accountable to the people for all its actions, and its activities should align with religious objectives. The public’s role in this process is through civil institutions, participation in elections, and other avenues where people are expected to engage.
• The state is responsible for removing barriers to the growth of society and its people, and it does not have the right to impose anything beyond the Sharia and law. The people are free in their private affairs.
• The government must create an economic system aligned with religious objectives, even if this requires intervention in the private sector.
• The government must respect the freedom of the people unless their personal freedoms conflict with the law, religious practice, or societal growth.
• The nation interacts with the system in two ways:
  1. With allegiance based on belief and love.
  2. With commitment to the majority vote while preserving citizens’ rights.

Three Key Factors for the Stability of the Islamic System

(38)

The three key factors for the stability of the Islamic system are:

• Justice;
• Legitimacy;
• Efficiency.

Justice raises the question of who has the right to govern and its philosophical and theoretical meaning.

• The concept of legitimacy asks whether the people recognize the right of the system to govern. It is possible for a religious system to have justice but not legitimacy, or to have legitimacy but not justice, such as in the case of the British and Japanese monarchies, or democratic regimes.
• The concept of efficiency questions whether the system has the ability to achieve its goals.

Two important indicators that affect legitimacy are:

• The quantity of people who accept the government;
• The quality of those who believe in the system.

(39)

The difference between efficiency and legitimacy is that legitimacy is based solely on the people’s perceptions, while efficiency is entirely dependent on the system’s performance.

Indicators of the system’s efficiency include: independence, security, welfare, stability, social justice, freedom, and the fundamental values of society. These indicators are evaluated in accordance with the culture and native beliefs of the society.

Types of Justice in Political Philosophy

As previously mentioned, justice can take three forms:

• Religious justice: The right to rule, as confirmed by religion, such as the governance of the Church in the Middle Ages, Zionism, Islamic government, the Prophet’s governance, the Caliphs, and the leadership of the infallible Imam.
• Philosophical justice: The right to rule belongs to the system that realizes ethical goals in society and must be based on ethical philosophy, naturally leading to the governance of capable elites.
• Democratic justice: The right to rule belongs to the people.

(40)

The traditional and ideological foundations of authoritarian and monarchical regimes were not discussed here.

Types of Legitimacy in Political Philosophy

Legitimacy also exists in three forms:

• Traditional legitimacy: People accept a government based on social traditions and the personal power or charisma of a leader.
• Rational legitimacy: People accept a government based on reason.
• Democratic legitimacy: The community governs itself directly or indirectly.

(41)

The Relationship Between Legitimacy, Justice, and Efficiency

Justice and efficiency are key factors that affect legitimacy. However, legitimacy is not entirely dependent on these two indicators. For instance, the government of Imam Ali (AS) had justice and efficiency but lacked legitimacy, while the Iranian society during the Iran-Iraq War lacked efficiency but had legitimacy. Fascist regimes in Germany and Baathist Iraq lacked both justice and legitimacy.

Situations Related to System Efficiency

The efficiency of the system is assessed by the following components:

1. Large-scale policymaking;
2. Planning;
3. Execution;
4. High-level supervision.

To assess the system’s efficiency, one must first consider the quality, timing, and impact of the policies, and then monitor their execution.

(42)

The Impact of System Efficiency on Justice and Legitimacy

If the Islamic system fails to meet society’s material needs or develop the quantity and quality of religious faith, the divine law may deem such a system unnecessary, meaning that the system loses its justice and consequently its legitimacy.

Major Factors Leading to the Islamic Revolution

Two main factors contributed to the emergence of the Islamic Revolution and the downfall of the monarchical system:

1. The creation of social forces against the monarchy regime;
2. The absence of effective defenders of the monarchy regime.

Furthermore, the two significant factors leading to the creation of anti-regime forces are as follows:

1. The inability of the monarchical system to secure independence and the influence of foreign powers over the country’s fate.
2. The failure of the monarchical system to ensure religious security and the threat to the fundamental principles of Islam and religion due to certain actions of the government.

Stages of the Formation of the Islamic Revolution

The stages of the formation of the Islamic Revolution can be outlined as follows:

A) The monarchical regime in Iran enjoyed a form of traditional legitimacy and autocracy.

B) With the advancement of intellectual and cultural development, the lack of legitimacy of the monarchical regime became more prominent.

C) Cultural and economic Westernisation, along with the influx of oil revenues, played an influential role in the revolution, although it was not decisive.

D) The religious devotion and traditional loyalty of the masses to the clergy and acceptance of their leadership were crucial, even though the theory of Velayat-e-Faqih (Guardianship of the Jurisprudent) by Ayatollah Khomeini had not yet been fully explained or institutionalised in society.

E) The public perception of the establishment of the Islamic Republic was that of a complete system, where the leadership was religious, and belief in the legitimacy of merit-based rule and widespread popular participation rendered the system both legitimate and popular.

F) After the success of the revolution, the main efforts of the clergy were focused on two key objectives:

1. Eliminating non-aligned groups and movements;
2. Clarifying the legitimacy of the system based on the theory of Velayat-e-Faqih.

Two negative consequences of the incorrect execution of eliminating non-aligned groups were:

1. Creating a climate of fear among experts and intellectuals, leading to a brain drain due to the failure to properly articulate the relationship between religion and politics.
2. The exclusion of various factions and groups due to a lack of organisation and systematic criteria, resulting in actions based on personal preferences.

Two consequences of the perception of Velayat-e-Faqih in establishing the legitimacy of the system can be summarised as:

1. A segment of intellectuals and people, who lacked strong religious belief, gradually lost faith in the legitimacy of the system.
2. The emergence of critiques of the doctrinal foundations of Velayat-e-Faqih, which led to a weakening of belief in the theory.

From the above, it becomes clear that the most effective approach to maintaining the legitimacy of the Islamic system is to present a vision of governance with desirable characteristics that align with the expectations of the people at the time of the revolution. Additionally, it is important to address the criticisms of the system in a principled, scientific, and systematic manner.

Major Societal Issues in Iran

Religion: A Guiding Truth, Not Foundational

Religion is a guiding truth; its primary aim is to enlighten the human soul and reveal the truth inherent in all divine religions. Religion aims to awaken the innate and true nature within all humans. It removes veils and brings forth clarity, much like light that dispels darkness, allowing objects to be seen. Religion dispels darkness and ignorance, thereby unveiling the innate truths.

Similarly, the awaited Mahdi (the twelfth Imam) plays a central role in this process. According to Islamic traditions, when the Imam returns, the divine light will unite human thoughts that are scattered and fragmented during his absence. The presence of the Imam will harmonise the community and guide people to unity and truth.

Religion is inherently a guiding truth, not a foundational one. In some instances, it may establish laws in areas where human understanding is limited, such as specific external details.

Religion: Descriptive, Not Prescriptive

Religion, as conveyed through divine revelation and the Qur’an, is descriptive rather than prescriptive. It depicts truths, showing what ought to be, rather than commanding rigid “do’s and don’ts”. While the teachings of religion sometimes present commandments (such as “pray” and the reasoning behind it), the overall nature of religious teachings is analytical, rooted in understanding, and conveying truths in a descriptive form.

Reasons for Secularisation

Unfortunately, over the past millennium, the Arab caliphs and Persian monarchs transformed religion into a prescriptive system, leading to its rejection by the public. A religion that is imposed by threats of punishment and fear of hell cannot inspire love or genuine belief. If religion had remained as a guiding truth, it would have fostered love and compassion.

From a psychological and sociological standpoint, the presentation and propagation of religion have often been flawed, resulting in a view of religion full of prohibitions and restrictions, with little practical guidance. This has led to a societal shift towards secularism and rejection of religious teachings.

The main issue in contemporary religious thought, especially among the youth, is the poor promotion and understanding of religion. This has led to societal resistance, arrogance, and conflict, and has resulted in hidden hypocrisy which poses a greater threat than open disbelief.

Social Religion

Religion is either individualistic or social. It cannot be solely individualistic because humans exist in a collective framework. Society, as a whole, demands certain principles that must be acknowledged. In an Islamic society, the framework and principles of the system must be aligned with religious guidelines, ensuring justice and absence of corruption.

Shortcomings in Theoretical Frameworks: A Major Challenge for the System

Many of the issues within contemporary Iranian society are not solely due to the people or the government, but also stem from religious scholars and theorists. There is a lack of sufficient fatwas (juridical opinions) on various contemporary issues, which poses a significant problem for the system. Theoretical wisdom underpins practical wisdom, and every issue in society manifests due to underlying theoretical deficiencies.

The Role of Jurisprudence in Maintaining the Faith

In times of absence of the infallible Imam, the role of jurisprudence and the scholar becomes essential. The system of governance and management in Islamic societies must be based on divine guidance, and the application of these principles ensures the continuity and longevity of the faith.

Fuqahā’ (Islamic Jurisprudents) and the Conditions for Leadership

Fuqahā’ are not just experts in jurisprudence, but must possess moral integrity, social leadership capabilities, and authority. Their role extends beyond theoretical knowledge to the practice of justice, leadership, and social cohesion. Only those who meet these criteria are qualified for religious leadership.

In sum, the legitimacy of religious leadership (Velāyat-e-Faqih) is not based solely on theoretical knowledge but also on the practical application of these teachings in governance, social issues, and leadership.

Owners of Religious Knowledge

Although the term “Fiqh” and “Faqih” are commonly used in society to refer to those knowledgeable about religious ordinances and practical duties, this is not entirely accurate. In reality, “Tafaqquh” (deep understanding) refers to religious knowledge in all scientific fields, whether pertaining to rulings and actions or thoughts and views on other subjects. Based on this, the title of “Faqih” applies to all individuals who possess religious knowledge, although it is necessary to respect and observe its limits. Every field of study and practice in the Islamic government has a universal, permanent, and global character, and is not restricted to a specific time or region. The realization of this within the realm of possibilities, particularly its practical implementation, is obligatory for all Muslims, especially for the knowledgeable, thinkers, and religious scholars. Any delay or negligence in realizing it is considered a major sin.

Harming the aspects of Islam’s religious affairs, Islamic governance, or the sanctity of the Muslim community is forbidden and regarded as a major sin. The practical consequences and damages resulting from such actions are subject to legal responsibility, and repentance from them is only possible through compensating the harm done.

The Time-Consciousness of a Faqih

A Faqih must be farsighted and pragmatic in presenting the rulings of religion, considering the practicality and feasibility of their implementation. They must avoid rigidness, unrealistic thinking, and disruptions to individual or societal harmony, ensuring that religion takes on social reality and gains popular acceptance, bringing with it productivity, happiness, and prosperity.

A Faqih should avoid using religion to fulfill personal desires or non-religious interpretations, making reason the guiding light for religious knowledge rather than polluting religion with human-made constructs.

Intelligence, foresight, and religious awareness should deepen the understanding of religious rulings, not lead to the dismissal of religion or Islamic laws from society under the guise of seemingly rational or scientific arguments.

Religious Leaders

In the Islamic realm, religious leadership is confined to the infallible Imams and just individuals. Leadership over the Islamic community cannot be entrusted to those who lack these attributes or other necessary conditions, especially in the realm of leading other Faqihs and religious figures.

Thus, during the Occultation (Ghaybah), leadership is the responsibility of worthy and just individuals. Oppressors and unqualified people do not possess the legitimacy to assume leadership, especially over the leadership of other Faqihs and religious leaders. This is why leadership remains free from any breach, ensuring popular trust.

Differences in Legislative and Ontological Authority

A Faqih must possess the required conditions; otherwise, their rulings have no religious validity and will not be followed by the people. A Faqih, who possesses the necessary qualifications, has legislative authority over Muslims in terms of their religious obligations, legal status, and social matters, but they do not have ontological or cosmic authority. Ontological authority is exclusive to the spiritually elite, and it may not always be apparent in the outward appearance of a Faqih.

Public Acceptance of a Faqih

If the required conditions are met, the people’s referring to a Faqih and obeying them is obligatory, and turning away from them leads to shortcomings, deviation, and misguidance. A Mujtahid and Faqih do not create or legislate religious laws; they are merely interpreters of the Shari’ah, translating the correct understanding of the Qur’an and Sunnah.

Public adherence is required only in religious matters that need scholarly judgment, reasoning, and evidence. Referring to a Faqih in matters that are obvious or widely known is not necessary.

A complete Mujtahid must be well-versed in the practical actions of the people, the characteristics of divine rulings, the issues they address, and the criteria for religious judgments. Merely being aware of the rulings is not enough for shouldering this responsibility.

Religious scholarship entails the leadership of both the intellectual and practical aspects of society. Any deficiency in either the intellectual or practical aspects would lead to doubt regarding its legitimacy and render popular adherence null.

The Appointment of the Supreme Leader (Wilāyat al-Faqih)

The foundation of Wilāyat al-Faqih and the necessity for the people to refer to it is based on religious principles and proofs. Popular acceptance does not affect its legitimacy, as public approval only determines its social reach and external effectiveness. If a Faqih does not possess the necessary religious qualifications, their election and popular acceptance do not make it legitimate. On the other hand, if the conditions are met, a lack of popular acceptance does not endanger the religious validity of their rulings. However, refusing to accept the Faqih without legitimate reasons is a sin for the community.

The Wilāyat al-Faqih is an appointed position, and its social realization comes through the people’s submission and adherence. All divine roles, such as Prophethood and Imamate, share the same nature—appointed by the Divine, not elected or determined through social consensus.

The Multiplicity of Faqihs and Their Jurisdiction

The existence of multiple qualified Faqihs and religious scholars contributes to the prosperity of the Islamic community and does not lead to conflict or interference within each other’s domain. Establishing different religious areas or regional governments is permissible if it strengthens the religion. However, a Faqih must never interfere in the jurisdiction of another Faqih, as this is religiously forbidden. The different Faqihs should only support one another in strengthening the faith, even though unity within the Islamic community is an intellectual blessing.

A Faqih is allowed to establish a religious domain for strengthening Islam, but interfering in or undermining the domain of another Faqih is forbidden and would lead to the loss of their religious qualifications.

Leadership, a Divine, Genuine, and Personal Role

Wilāyat al-Faqih is different from monarchy, despotism, and populist rule in its essence, and its unique qualities must not be overlooked. Leadership in Islam, and other divine religions, is a divine, personal, and genuine role, not a legal or collective one. A leader is appointed by the Divine, just as God is a singular truth and not a legal title. Prophets, Imams, judges, prayer leaders, and other divine leaders hold their positions personally and individually, not through elections or collective decisions, even though public consultation and elections play a role in bringing their leadership to fruition.

An Islamic government and the legitimacy of Wilāyat al-Faqih must provide a well-defined and applicable management style. A Faqih must present concrete and organized principles regarding governance and provide plans for the future of society.

The Faqih should not only focus on their own Wilāyat and its religious validity but also engage in providing solutions and strategies for the people and the community across various fields, such as individual, social, legal, political, economic, moral, scientific, and cultural aspects. Their focus must not be limited to running a government but should extend to addressing fundamental societal issues.

Given the multiplicity and diversity of qualified Faqihs, policy-making should involve collaboration, mutual understanding, and intellectual exchange, which the Faqih should not shy away from.

The slogan “Religion is politics” is an eloquent and suitable phrase, but it requires deeper reflection and cultural discussion regarding the nature of religion, politics, and the general structures that shape each.

Taxation and its Forms

The concept of taxation is universally recognized, whether in primitive, civil, or religious societies. It is essential for the management of societal needs. The government should collect taxes based on fairness and should not create disproportionate burdens on the people or the community’s development. Tax collectors must be qualified individuals who are honest and just, and they must be held accountable for any misconduct.

Taxes must be assessed and allocated according to clear and established rules. Moreover, a yearly report on the tax system should be provided to the public, allowing them to make informed decisions when paying their taxes.

Religious Tax (Khums, Zakat, etc.)

Religious taxes are distinct from governmental taxes, and their purposes and uses are different. Religious taxes, such as Khums, Zakat, and others, are for specific religious and charitable purposes, while governmental taxes serve broader social and civic needs. Both systems of taxation do not overlap, as the funds from each are used for different purposes. Therefore, paying both religious and governmental taxes does not cause harm to the public, provided each is used for its designated purpose.

Religious taxes must be systematically managed and distributed according to religious laws. The individuals who collect and distribute these taxes must meet the necessary qualifications, including scholarly competence and moral integrity.

On Representatives Who Receive Religious Alms (Khojajāt)

Representatives who collect religious alms (Khojajāt) may, according to the opinion of the Mujtahid and when necessary, distribute part of it; however, it should not be done without a set fee or in an unjust manner.

The role of a representative in the domain of religious alms should not become a profession or occupation to the extent that some benefit while many others are deprived of it.

In matters of expenditure, the opinion of the Mujtahid must be specifically followed. While the opinion of the Mujtahid is to be respected, if it does not align with religious issues or his own fatwa, it lacks practical value, and in some cases, it may lead to the loss of the Mujtahid’s justice and the invalidation of his religious authority.

Awareness and Competence in the Use of Religious Alms

Knowledge and awareness of issues of inference and understanding the reasons and principles of religious alms are distinct from the knowledge or competence in the use of those alms. A Mujtahid may be fully proficient in issuing fatwas, but he might not possess the necessary knowledge, competence, or authority to manage the expenditure of religious alms. Therefore, in addition to complete ijtihad, the Mujtahid must possess comprehensive knowledge and the requisite authority and capability in handling the distribution of religious alms.

Hence, if a Mujtahid is fully qualified in ijtihad but lacks the necessary awareness or ability to manage the alms appropriately, he cannot accept religious alms. Therefore, mere proficiency in legal rulings does not entail an understanding of social needs, just as knowledge of a fatwa or the recognition of general needs does not imply the ability to execute and implement it correctly.

A Mujtahid, due to lacking social awareness or the proper management of religious alms in an unhealthy manner, or due to a lack of capability in fulfilling the necessary duties, may lose his religious authority, which diminishes his ability to be followed in matters of obedience. Many of the current problems in the realm of religious alms stem from such issues.

The expenditure of religious alms must, in all cases and contexts, be based on justice and fairness, in accordance with the importance of the need, and should be free from wastefulness, extravagance, narrow-mindedness, or miserliness. However, attention to the deprived is essential in this area. Religious alms should not be used for personal matters, worldly desires, or anything associated with selfishness. It should not be spent as personal wealth or as a windfall. The Mujtahid’s associates can also play a role in accordance with the fatwa and justice, but they should not interfere inappropriately in this matter.

In any case, for whatever reason, the sin and responsibility of any deviation in this matter rests with the recipient of the alms. Even if the surrounding individuals are at fault, it does not diminish the responsibility of the Mujtahid, who must answer for it.

Despite the Mujtahid’s ownership of the religious alms under these circumstances, and the immunity from liability in relation to proper expenditures, these alms do not constitute personal property of the Mujtahid, nor can anyone inherit it from him. Furthermore, it should not be used in non-essential religious matters.