Wilayat-e-Faqih Part2

The following describes the standard of justice for an Islamic government.  During Hazrat Ali’s (peace be upon him) reign (control), the Imam saw that a Christian had his armour.  He went to the judge and said, “So-and-so Christian has my armour (weapon).  I request the court (of justice) to return it to me.”  The judge sought (hunted) out the Christian and requested witnesses from the Commander of the Faithful.  The Commander of the Faithful replied, “There are no witnesses.”  Therefore, the judge gave the armour back to the Christian.  The Christian took the armour and left, but then returned, became a Muslim, and implored (begged), “Master!  This armour really is yours.  I stole it from a camel in the Battle of Siffin.  Master, I observed your justice, that even if the Caliph of the time does not have a witness, then his claim is not accepted.  I have never seen such fairness anywhere except in Islam.  I am becoming a Muslim (after) witnessing such justice and fairness.”  This is the justice of an Islamic ruler, and the Master of this Islamic system and justice is only Allah.  The apparent ruler is not the Master or ruler.  Therefore, in an Islamic system, it is not permissible for a human being to rule over another human being.  On the contrary, the ruler is only Allah and the apparent ruler is His representative.  In an Islamic government, there are two types of apparent rulers: 

1) Be appointed by Allah as stated in the text of the Koran. 

2) The attributes and characteristics which the Koran has described are essential for an Islamic ruler.  He is not a ruler if he is not a ruler according to the text of the Koran, and those attributes which the Koran has described are not found in him; rather, he is rebellious (rejecting authority) and one who will ruin and destroy society, as the Koran points out,

 “She said:  Surely the kings, when they enter a town, ruin it” (An-Naml: 34).

Again the Koran declares,

 “And Firon proclaimed amongst his people:  O my people!  Is not the kingdom of Egypt mine?  And these rivers flow beneath me; do you not then see?” (Al-Zukhruf:51). 

        Pharaoh said to his people that am I not the Master of Egypt?  When any ruler considers himself Master, he leaves the law of Allah and makes laws according to his own selfish desires.  Every ruler who abandons (deserts) the law of Allah and makes laws according to his own will is Pharaoh whether he is a Pharaoh of the present or of the past.  It does not make a difference.

 

The Government of the Jurisprudent in the Koran To whom the Koran has given the right of government?

“O Apostle!  Deliver what has been revealed to you from your Lord; and if you do it not, then you have not delivered His message, and Allah will protect you from the people” (Al-Maidah: 67).

When this verse was revealed, the Apostle of Allah raised Hazrat Ali’s (peace be upon him) arm and declared, “Of whomsoever I am Master (Maula) (this) Ali (as) is his Master (Maula).”

        Thus, the Imamate (leadership) of Hazrat Ali (as) was proclaimed.  However, the question arises that Hazrat Ali was not superior to the Apostle of Allah.  He himself states, “I am a slave from among the slaves of the Apostle of Allah.”  Then, why was such a severe command given in this verse, that if you do not convey this message, then you have not done any work of Prophet-hood.  A great matter is surely hidden behind this severe command.  It is clearly evident that the Apostle of Allah bore many hardships and difficulties in order to deliver the religion and establish an Islamic government.  Moreover, the Holy Koran was revealed in the capacity of a complete code for all human beings to live by.  Now, even after believing in the Apostle of Allah, if someone or some person does not establish this law, then it means that every single effort of the Apostle of Allah will be wasted.  Hence, it is clear that this severe command came because, “My beloved, if before leaving you did not appoint the ones who will establish Divine Order, and then it is as if you accomplished (attained) nothing.”  This verse is in the Koran even today.  “You (have not) delivered anything (His message).”  “O Ali, if you did not appoint anyone as your successor before leaving, then it is as if you accomplished nothing.”  Therefore, Imam Ali (peace be upon him) appointed Imam Hassan (peace be upon him) to establish the Divine Order.  Likewise, this verse goes from Imam Hassan (peace be upon him) and reaches the Twelfth Imam.  Moreover, if, before going into occultation (hidden), the Twelfth Imam did not appoint anyone to establish the Divine Order, then it is as if he accomplished nothing.  Thus, before going, the Imam of the Time also gave the order to follow (taqlid) the most pious and virtuous scholars.  He states, “Whoever followed our righteous scholars, followed us, and whoever rejected their works it is as if he rejected the Ahlul Bait[1].”  Thus, following (taqlid) is also ascertained from this verse.  This verse is commanding the scholars of the Muslims that if you did not establish the Divine Order or the law of Allah on Allah’s earth under the leadership of pious and virtuous scholars, then it is as if you did not do any work of Islam.  This is also the reality; in the countries where the government is not established under the leadership of the righteous scholar, every type of different god and various laws are openly practiced against Islam. Consequently, alcohol, bribery, theft, nakedness, and thousands of other such crimes and thousands of types of slavery and humiliation are the fate of the Muslims.  If we examine the interpretation of the verse, “then you have not delivered His message”, the Prophet’s Prophet-hood does not exist where there is no one to establish the Divine Order.  Those may be Muslims by name, but, in practice, all those evils exist that are found in unbelievers.  Even worse, these Muslims are in the service of un-believers and Jews.  The unbelievers make the policies of these countries.  Subsequently, the government of the jurisprudent (wilayat-e-faqih) means freeing oneself from every slavery and from every humiliation; hence, manifesting the pleasure of Allah under the guardianship (one who has custody) of the pious jurisprudent by establishing an illuminated society.          

 

Rule of the Creator or the created

        In Islam the right of governing rests only with Allah.  However, according to Allah’s permission, believing and pious individuals can enforce Allah’s judgement.  In the Holy Koran, the word judgement (hukm) has come only for Allah.  So, wherever the word judgement refers to other than Allah, it is in accordance (agreement) with Allah’s permission or the conditions set down by Allah.  The following are among the verses in which judgement is for Allah, 

“Judgement is only Allah’s” (Yusuf: 40).

 

“The judgement is only Allah’s; He relates the truth and He is the best of deciders” (Al-Anam: 57).

 

“Now surely His is the judgement and He is swiftest in taking account” (Al-Anam: 62).

 

“So judgement belongs to Allah, the High, the Great” (Al-Momin: 12).

        All of these verses are about the judgement of Allah.  The word judgement has been used for other than Allah in the following,

“O Dawood!  Surely We have made you a ruler in the land; so judge between men with justice” (Suad: 26).

Hazrat Dawood is the ruler; for, he has permission and also (fulfils) the conditions.  The Koran states about the Apostle of Allah,

“And that you should judge between them by what Allah has revealed, and do not follow their low desires, and be cautious of them” (Al-Maidah: 49).

        It is established from the discussion in these verses that in an Islamic government the actual ruler is only Allah and the apparent ruler is Allah’s representative.  Most of these verses are about the prophets.  A Prophet does not have the right to leave the command of the Koran and rule according to his will.  When Allah, the Most High, does not give this right to His Infallible Prophet, then how can a sinful person be permitted to abandon the Koran and run the government according to some other system?

        The government of a Prophet or Imam is 100% the government of Allah. However, where the Prophet or Imam is not apparently present, the public should make, in the light of Koran and Tradition (Sunnah), such a person their ruler who is pious, a scholar, against lust and greed (hawa o haus), and in whom the conditions the Koran has delineated (described) are present.  If a person is eligible according to the laws of Islam then he has the right to be a leader. Only the votes of people are not sufficient.  A government which comes into existence only because of the people’s votes and the one who sits as ruler by winning the public vote are not considered Islamic as long as the selection of ruler is not according to the regulations and laws mentioned in the Koran.

Should one devoted (faithful) to his desires or one devoted to Allah rule?

        Due to the sense of justice in the public, the majority of the people are sometimes affected by propaganda and elect those people as their representatives who are oppressors, betrayers (kha’in - deceivers), agents of the superpowers, and enemies of Allah and the Prophet.  They win the election due to the force of propaganda.  An Islamic government is both Allah’s government and the people’s government. We do not want just a people’s government.  Rather, we want a government that is first Allah’s and then the people’s; hence, not just a republic, but an Islamic republic government.  It is in the Holy Koran,

“(As for) that future abode, We assign it to those who have no desire to exalt themselves in the earth nor to make mischief and the good end is for those who guard (against evil)” (Al-Qasas: 83).

        This verse confirms that only he can be an Islamic ruler whose purpose is not “to exalt (praise) themselves in the earth”; meaning he is not proud or mischievous.  Establishing the Divine Order should be his utmost (extreme) priority (importance).

“Surely We offered the trust to the heavens and the earth and the mountains, but they refused to be unfaithful to it and feared from it, and man has turned unfaithful to it; surely he is unjust, ignorant”  (Al-Ahzab:72).

        The trust which was discussed in connection with the authority of the jurisprudent confirms that government is a trust which is only the right of the virtuous (morally good). In “Khutba-e-Shaqshaqiyya” of the Nahj-ul-Balagha, Hazrat Ali has clearly indicated toward the matter of the government of the jurisprudent, meaning the government of the scholar.  The characteristics of an Islamic government have been mentioned.

“And Allah will by no means give the unbelievers a way against the believers” (An-Nisa: 141).

        This brief sentence of the Koran possesses several types of meanings.  One of them is that an unbeliever cannot become a ruler over the believers.  According to the Koran, an unbeliever cannot run an Islamic government.  Furthermore, every ruler is an unbeliever if he rules against the commands of the Koran.  The Koran clearly states,   

“And whoever did not judge by what Allah revealed, those are they that are the unjust” (Al-Maidah: 45).

      These two verses prove that the believers will never accept a government that is against the Koran and Tradition (Sunnah). Rulers of non-Islamic parties remove us from faith and man does not remain Muslim.  This is (due to) the public’s lack of knowledge of Islamic politics; the people do not possess correct Islamic political wisdom.  Because of this reason, although they are Muslim, they support transgressing and corrupt rulers.  Imam Sadiq (as) states, “Any nation which acts quickly without unawareness moves away quickly from its goal”  The purpose of the Infallible’s statement is that some people act with sincere hearts, but because of lack of wisdom they do not achieve results. 

 

The Government of the Jurisprudent

        The Apostle of Allah states, “There are two groups in my nation (ummah); if they correct themselves, then the entire nation will correct themselves, and if these two groups rebel (rise up), then the entire nation will become rebellious.”  It was asked, “O Apostle of Allah!  Who are they?”  He replied, “The scholars (fuqaha) and the wealthy.” 

        If a scholar fears false powers, then the nation can never be guided.  Therefore, all the sins that are committed in society are because of false religious scholars or because of the wealthy people.  Because the scholars do not enjoin good, sins are committed in society; thus, all of the sins of society will be hung (past of hang) around the necks of the scholars.  They should enjoin good, criticize oppressive rulers, and also arouse the public.  The Apostle of Allah (peace be upon him and his progeny) declares, “If someone becomes the leader of the nation while there is a greater scholar than him present amongst the people (i.e. one who knows jurisprudence) then the Resurrection (revival) of that nation will be evil; moreover, until the Day of Judgement[2] that nation will be caught in the claws (paws) of immoral people.”  (Mahas Barqi,)

        Thus, the responsibility of the people and the scholar is to come in to the battlefield against oppression.  If the scholar does not enter the battlefield, on the Day of Judgement[3] he will be resurrected as a criminal and Hell will be his abode (home).  Furthermore, if the public does not enter the battlefield against oppression, then that nation will also go to Hell.  Imam Hussain (peace be upon him) has said, “The right of government is only with scholars for Allah (divine scholars), who are trustworthy and know what is permitted and what is forbidden.” (Mubani Hukumat Islami) 

        One purpose of Imam Hussain’s (peace be upon him) sacrifice was that the message should reach the people that the right of government is not for a person with Yazid’s characteristics.  Rather, this authority rests with the rightful, pious scholars.

 

Conditions of an Islamic government

Whenever, anyone requested the Apostle of Allah “O Apostle of Allah!  Appoint me as a governor”, he replied, “I swear by Allah that I will not appoint such a person as governor who seeks governorship or has greed for it.”

Notice how greedy (the people are) in the system of election that this present government has enforced.  Voters are given money and bribes of jobs.  Besides this, hundreds of thousands of rupees are spent in order to become a Prime Minister or (Wazir-e-Ala).  Furthermore, Members of the Assembly are given money. This entire system is like the Pharaoh’s (Fironi); it is founded upon oppression and, in addition, this system opposes the law and declaration of the Prophets. 

There are two groups of scholars.  One group has become victim to the conspiracy (plan) of the evil powers and does not raise against evil (taghuti) satanic governments; they have been brainwashed that religion and politics are separate (from each other).  The second group is of the scholar of the court whose religion and faith are both for worldly fame.  Hence, the Apostle of Allah has stated, “Whoever attains knowledge so that he can acquire wealth through its means, then, although alive, he is dead.”

The scholars of the third group understand the rightness in rising against evil powers, but they are unaware of their worth and value due to fear and ignorance.  In the above tradition, the Commander of the Faithful has informed these fearful scholars and believers about commanding good and the greatness of those who rise against oppressors.  He said that all worship (Prayers, Fasting, Hajj, Zakat and even Jihad) can not be compared to Nahiya anil Munkir and Amr Bil Mahroof. All the worship is equal to one glass of water compared to Nahiya anil Munkir and Amr Bil Mahroof which is equal to the water of the ocean. Therefore, raising the voice of truth against oppression and rising against un-Islamic governments is a great worship. 

Imam Ali states, “Whoever does not raise his voice against evil in his heart, or by his tongue, he is dead, even though among the alive.”

Yet, what is enjoining good?  The Master of the Universe says, “Verily (Truly) enjoining good is inviting toward Islam and against the oppressor and his oppression.”

The Apostle of Allah states, “Whoever goes toward an oppressor or assists him, while aware that he is an oppressor, then he has left Islam.”

The matter in question now is how to recognize an oppressor.  The Koran describes the signs of an oppressor in many places. 

“And whoever did not judge by what Allah revealed, those are they that are the transgressors” (Al-Maidah: 47).

Whether he is ruling or desires to rule, he is an oppressor, and unbeliever, and a corrupt person.  The Apostle of Allah has said "Whoever goes toward an oppressor is also an oppressor.”  For example, those who support political parties are oppressive and non-Islamic (those who vote for them). They are also involved in all their Satanic acts. All Satanic acts exist in the country due to ignorance of the people. They do not know that giving their vote is a great responsibility and trust (amanat). Supporting and voting un-pious people and people who are ignorant of Islamic Laws (Sharia). These are all the corruption caused in the country, like bribery, injustice, theft, alcoholism, because they do not have knowledge of the religion of Islam. The public assists the oppressors.  They vote for them, giving them the right to rule.  The government of the oppressor does not solve our affairs in this world, nor do we attain salvation in the Hereafter.  Rather, Hell becomes our fate. 

        Imam Ali swears and declares, “The right to rule rests (lies) with that person who rules according to the Koran and establishes justice and fairness and is bound to the inner and outer of the religion of Islam.”  Imam Hussain’s (peace be upon him) stand was for this reason, that Yazid did not have the right to rule.  The Imam’s rise was a stand against everyone who possesses a character like Yazid.

        A person possesses a character like Yazid if his rule opposes the Koran.  Safwan Jamal was one of Imam Musa Kazim’s companions.  He used to give out camels for rent.  The Imam said to him, “You have given the oppressor Harun Rashid camels on rent.”  The companion replied, “Yes I have rented them out, but only for the morning.”  The Imam then declared, “When you rented the camels out, did he give the entire amount of money or half?”  Safwan said, “Half.”  The Imam said, “Now you do supplications for him with the intention that he returns safely so that you can receive your money.”  He said, “Yes, Master.  I do this supplication.”  Then the Imam stated, “This supplication of yours amounts to being included in the oppression of this oppressor.”  Thus, according to the Imam’s statement, just hoping in one’s heart that he returns safely is equal to participating in the oppression of the oppressor.  Therefore, if we give our vote and thus openly assist the oppressor, then undoubtedly on the Day of Judgement we will be resurrected with that oppressive ruler.

        The Apostle of Allah states, “Whoever bows (humbles himself before) an oppressive ruler will go to Hell with that oppressor.”

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