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[Thread] A brief overview of the political theories held by contemporary Shi’i jurists, including wilayat al faqih.
Wilayat Al Faqih (WF) is obviously the most well-known and controversial Shi’i political theory in contemporary times. It literally means the ‘authority of the jurist’. It is a popular mistake to believe that Ayatollah Khomeini (d. 1989) was the innovator of this theory.
All Shi’i scholars believe that a jurist has authority; however, they disagree over how vast and wide this authority is. Some believe that a jurist’s only authority is to issue fatwas and act as a judge, should any disputes or disagreements arise in his community.
The majority, however, believe that his authority is to supervise over monetary issues: khums and zakat, general endowments and religious shrines, money that belongs to orphans, money that has no apparent owner. These are called ‘umoor hisbiya’. Ayat. Khu’i also held this opinion
A minority of Shi’i scholars accept the complete and total authority of a jurist. Basically, it means that a jurist has the same exact authority and power that Prophet Mohammad and his successors (imams) enjoyed. That total authority is referred to as ‘wilaya mutlaqa’.
The first to press this notion was Mula Ahmad Naraqi (d. 1829) in his book Awaed Al Ayyam. Naraqi, originally from Naraq and residing in Kashan, was a prominent Shi’i jurist. Among his students was the famous Shaykh Mortadha al Ansari (d. 1864).
In the 1970s, Ayat. Khomeini delivered a series of lectures in Najaf titled ‘WF and Islamic Government’. He declared his support for the Naqari version of WF. Khomeini’s main proof for WF included a famous tradition by Imam Sadiq (6th Shi’i Imam) known as Maqboolat Ibn Handhala.
Ayatollah Sistani also accepts the wider meaning of WF. Sistani believes that a jurist has wide authorities that are not confined to monetary issues. However, in order for a jurist to enjoy complete authority he must be accepted by the majority of people. https://www.sistani.org/arabic/qa/0755/
The most detailed theoretical study of WF and its application is written by Ayatollah Hossein Montazeri (d. 2009), published in 4 volumes. He goes into detail regarding religious justifications and proof for WF and resources that the jurist may benefit from once he’s in authority
In his memoirs, Montazeri says that Khomeini initially believed that it was impermissible to form an Islamic government during the absence of the twelve Imam. Montazeri says that it was he and Muttahari who suggested the idea of WF to Khomeini during their days of tutelage in Qom
In the 1980s, Ayatollah Mohammad Shirazi (d. 2001) introduced his theory of ‘shura al fuqaha’, literally meaning a council of jurists. Instead of granting one jurist full authority, a body of jurists may share authority together and govern through the rule of majority.
Ayatollah Baqir Sadr’s (d. 1980) political vision evolved over time. First, he accepted the concept of shura, meaning a government formed by a democratic process. Then, towards the later years of his life, he seems to have been influenced by Ayatollah Khomeini and accepted WF.
Shamsuldeen (d. 2001) rejected the wider meaning of WF. He believed that Muslim community had authority over itself (wilayat al ummah ala nafsiha); no one else held authority over the community. They can democratically choose their government without the intervention of clerics.
To stop the thread from being too long and boring, I will stop here. Hope you have enjoyed reading it.
