important scholarly,historical dialogue on Wilayat e Faqih Ahmad Javaid, Zair Abbasولایت فقیہ مکالمہ

An important scholarly and historical dialogue on Wilayat al-Faqih.
Between the well-known intellectual Ahmed Javaid and the teacher of Hoza Elmiya Qom, Allama Syed Zair Abbas
ولایت فقیہ پر ایک اہم علمی اور تاریخی مکالمہ۔
معروف دانشور احمد جاوید اور حوزہ علمیہ قم کے استاد علامہ سید زائر عباس کے درمیان
The doctrine of Wilayat al-Faqih forms the central axis of contemporary Shi’a political thought. It advocates a guardianship-based political system, which relies upon a just and capable jurist (faqih) to assume the leadership of the government in the absence of an infallible Imam. However, although the guardianship of a high-ranking religious scholar is universally accepted amongst all Shi’a theories of governance, any disagreement is focused on the details such as the role of the jurist and the scope of his authority.

Because the theory of Wilayat al-Faqih has emerged from Imamate - which constitutes a cornerstone of Shi’ism – it is necessary to understand this political doctrine within the context of this concept of leadership. By comparing it to the tradition political theory of Sunni jurists – the doctrine of caliphate – and characterizing it’s major features, we will be able to better understand and appreciate the doctrine of Wilayat al-Faqih.

In order to overcome the ambiguities surrounding the relationship between Wilayat al-Faqih and the position of an Islamic jurist as a source of guidance and imitation (Marja’a e-taqleed), it is necessary to discuss the various dimensions of guardianship in the absence of the infallible Imam. Also in order to respond to those who suppose that this doctrine is an entirely new thesis, which has only recently appeared in Shi’a jurisprudence, and argue that it opposes the traditional position of scholars and jurists, it is vital to briefly explain the historical background of Wilayat al-Faqih amongst the Imami Shi’a School of Islamic thought.

The Concept of Imamate
The political status of the Imams is an essential component of Imami Shi’ism. They are considered to be the true successors of the most noble Prophet Muhammad (pbuh), and those who subscribe to this Islamic perspective believe that any successor must be appointed by Allah, through his Prophet. However, there are those who attempt to reduce Imamism to a merely political attitude, a party that supports Imam Ali (pbuh) and his family as the sole legitimate successor to the Holy Prophet. Hence many Sunni scholars define Shi’ism as follows:

Shi’a are those who especially follow Ali and maintain his leadership and succession of the Prophet by his appointment (nass) and testament openly (publicly) or privately, and also believe that Ali’s authority (awla) never goes out of his descendants1.

But the political authority of the Imams does not imply that their role and status are restricted to governance or leadership. For their followers, the Imams represent the highest level of piety and they embody the same qualities as exemplified by the most noble Messenger of God. As Anthony Black describes them:

The twelve Imams themselves, and above all the present twelfth or hidden Imam, were held to be necessary to the constitution of the Universe and of true religion. The Imam is God’s proof (Hujjah: guarantee), he is the pillar of the Universe, the ‘gate’ through whom God is approached. Knowledge of revelation depends upon him2.

Some of the qualities attributed to the Imams, such as “proof of God” (Hujjah) and “the guardian” (Wali), which are discussed later, refer to their great authority and are essential to understanding Shi’a political thought. Ayatollah Khomeini described “proof of God” as follows:

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 someone commits an offence, will be made 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, zakat, and sadaqa in a certain manner and if you fail to obey him in any of these respects, then God Almighty will advance a ‘proof’ against you on the day of Judgment3.

The Imams are considered to be the successors of the Prophet (pbuh) and the rightful recipients of his authority. This is not because they are from his family; rather, it is because they are pious, obedient to Allah and embody characteristics that are pre-required for this level of religious-political leadership. Equally so, they are not appointed by any popular consensus; Imamate is instituted by divine installation (nasb); only Allah truly knows who possesses the qualities required to fulfil this duty, therefore only He is capable of appointing them. Shi’a considers Imamate, like Prophethood, to be a fundamental belief, and obedience to the authority of their Imam a religious obligation. Other than receiving divine