Traditional Evidences for Wilayat al-Faqih
Traditional Evidences for Wilayat al-Faqih
Traditional Evidences for Wilayat al-Faqih: Imami jurists usually refer to a set of reports from the Prophet Muhammad and the Imams to establish Wilayat al- amma for the fuqaha. We shall examine a few of them here.
A Signet Letter (Tuqih)[63]from the Absent Imam
One of the most reliable traditions adduced by scholars[64] for the purpose of this discussion is a report from the twelfth and absent Imam (May God hasten his reappearance). Shaykh al-Sadiq transmits in his book ‘Ikmal al-Deen wa itmam an-Ni\’ma’ that Ishaq ibn Yaqub wrote a letter to the absent Imam asking him about some concerns that he had. The Imam\’s deputy (Muhammad ibn Uthman al-Umari) conveyed the letter to him. The Imam replied:
As for events that may occur (al-hawadith al-waqi\’a) [when you may need guidance] refer to the transmitters (ruwat) of our teachings who are my Hujjah (proof) to you and I am the proof of God (Hujjatullah) to you all[65].
Shaykh al-Tusi also transmits the narration in the book ‘al- Qayba’[66] and other collections of Imami ahadith report the tradition from the books mentioned above.
Advocates of Wilayat al-Faqih often refer to the second part of the tradition, namely, “they are my proof to you, and I am the proof of God to you all” to establish the authority of the fuqaha. However, some scholars (such as Imam Khomeini) maintain that the first part of the hadith may also be used to establish the authority of the faqih. The first section of this narration encourages people to ask those who relate the traditions of the Imams (peace be upon them) about any new occurrences that they encounter. It is highly unlikely that Ishaq ibn Yaqub asked the Imam about what was to be done regarding religious questions; even ordinary Shi’a would know that in these cases of fiqh (jurisprudence) one should refer to the fuqaha (jurists). In fact, according to some narrations, people would recourse to the students of an Imam during his lifetime. Therefore, Ishaq must have been referring to something other than this by his question about ‘al-hawadith al-waqi’a’, Imam Khomeini says:
What is meant by hawadith al-waqi\’a is rather the newly arising problems that affect the people and Muslims. The question Ishaq ibn Yaqub 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?[67]
It is necessary to establish what the Imam meant by ‘ruwat’ (narrators), when he commands his followers to refer to the narrators of traditions with respect to these new circumstances. After all, it is self evident that people who merely transmit traditions and narrate what they have seen and heard, without a comprehensive understanding of the science of ahadith or jurisprudence, are not qualified to undertake this duty. Therefore the Imam must have been referring to the fuqaha (jurists) who are experts in the interpretation and explanation of Islamic sources.
We mentioned earlier that most Imami jurists usually refer to the second part of this tradition to establish the guardianship of the jurists. The statement makes clear that fuqaha (ruwat) act as the proof (Hujjah) of the Imam in all matters in which the Imam acts as the proof of Allah. Imam Khomeini describes a ‘proof of God’ (or Hujjah) as someone who God has designated to conduct affairs; all his deeds, actions and sayings constitute a proof for the Muslims. If the proof commands you to perform a certain act and you fail to obey him, or if despite the existence of the proof, you turn to oppressive authorities for the solution of your affairs, then God almighty will advance a proof against you on the Day of Judgment[68].
In summary, being a hujjat implies the authority of one over his followers, and hence the injunctions of the holder of such a status must be complied with. Since the Imam as God\’s hujjat (the ‘proof’ that Allah will not accept any excuses for disobeying) has designated the fuqaha as his Hujjah, the commands and directives of the fuqaha are as those of the Imam.
With regards to its chain of transmission (sanad), the only issue that arises is the existence of Ishaq ibn Yaqub. There is no particular attestation of him found in the Imami books of biography (Ela al-Rejal). Hence the question may be raised, how can we be certain that the letter was really issued by the Imam and that Ibn Yaqub received the letter? There is a difference between reporting an ordinary transmission and the claim that one has received a special letter from the Imam in the era of the minor occultation, during which, access to him is only possible through his appointed deputy. The key point, however, is that many great Imami scholars such as Shaykh Sadiq, Shaykh Tusi and specially Shaykh Kolayni, who were alive during the era of the minor occultation (and were experts in ahadith) mention the tradition as ‘tuqih’ which is sufficient evidence for a valid chain of transmission[69].
Maqbula of Umar ibn Hanzala
According to the science of ahadith, the ‘maqbula’ is a narration that has been accepted by fuqaha as a valid tradition without examining the authenticity or weakness of its chain of transmission. In other words, even though some of those who appear as its transmitters may be weak and unreliable, some evidences that support the soundness of the text compel the fuqaha to ignore such weakness.
Umar ibn Hanzala, who was a disciple of Imam as-Sadiq (pbuh) said[70]:
I asked Imam Sadiq whether it was permissible for two of the Shi’a who had a disagreement concerning a debt or an inheritance to seek the verdict of the ruler or judge. He replied: \’anyone who has recourse to taghut [i.e. The illegitimate ruling power], whatever he obtains as a result of their verdict, he will have obtained by forbidden means, even if he has a proven right to it. For he will have obtained it through the verdict and judgment of the taghut, the power that almighty God has commanded him to disbelieve in.
“They wish to seek justice from illegitimate powers, even though they have been commanded to disbelieve therein”. [Al-Qur’an, Chapter 4, Verse 60]
Umar ibn Hanzala then asked what was the correct action for two the Shi’a to take under such circumstances. Imam Sadiq replied:
They must seek out one of you who narrates our traditions, who is versed in what is permissible and what is forbidden, who is well acquainted with our laws and ordinances, and accept him as judge and arbiter, for I appoint him as hakim [judge][71].
No Imami jurist disputes that this tradition firmly establishes the authority of a faqih with regards to the administration of justice (Wilayat al-qada). However, many leading scholars such as Mirza al-Nayini, Sayyid Mohammad Reza Gulpaayigani, Shaykh al-Ansari[72]and Imam Khomeini believe that the text does not confine the authority of a faqih to Wilayat al-qada. They assert that the Imam designated the faqih as trustees of universal authority (Wilayat al-amma) when he said: “I appoint him [faqih] as hakim [judge]”.
However, a judge\’s role is not limited to merely resolving disagreements amongst the people; their conflicts and disagreements compel them to not only recourse to judges, but also to possessors of political power. The tradition of Imam Sadiq (pbuh) unconditionally prohibits any referral to illegitimate authorities (taghut) and there is no reason to assume that the Imam solely commanded his followers not to refer to judges appointed by an illegitimate government, while allowing them to recourse to the same government for the regulation of their affairs. By appointing the faqih as hakim, the Imam made it incumbent upon all Shi’a to refuse any kind of recourse to illegitimate authority. Hence in all aspects of disagreement it is necessary for them to refer to a faqih, whether it is in a governmental or judicial capacity.
There are no problems surrounding this hadith’s chain of transmission. All of the transmitters (Muhammad ibn Yahya, Muhammad ibn al-Hussain, Muhammad ibn Isa, Safvan ibn Yahya and Dawood ibn al-Husayn) are reliable. And although there is no specific confirmation that Umar ibn Hanzala himself existed, fuqaha generally accept this and other transmissions from him.
The Tradition of Abu Khadija
Fuqaha such as Imam Khomeini and Shaykh Muhammad Hassan[73] appeal to a famous transmission that was narrated by Abu Khadija (who was one of Imam Sadiq\’s companions), to argue in favor of Wilayat al-amma. The tradition is mentioned by Shaykh Tusi, Shaykh Sadiq, and Shaykh Kolayni. According to them, Abu Khadija said:
I was commanded by the Imam [Ja\’far as-Sadiq (pbuh)] to convey the following message to our friends [Shi’a]: \’when enmity and dispute arise among you, or you disagree concerning the receipt or payment of a sum of money, be sure not to refer the matter to one of these malefactors for judgment. Designate as judge and arbiter someone amongst you who is acquainted with our junctions concerning what is permitted and what is prohibited, for I appoint such a man as judge over you. Let none of you take your complaint against another of you to the tyrannical ruling power[74].
The explanation of the argument here is similar to the previous narration. Even though the Imam says: “I appoint such a man as judge”, a statement that explicitly concerns Wilayat al-qada, it is essential to recognize that the final section of this transmission is not merely a repetition. Rather it is a prohibition of recourse to tyrannical authorities in matters relating to the executive. In the first instance, the Imam has commanded his followers to turn away from illegitimate judges, while in the second he has prohibited them from referring to other illegitimate powers with regard to non-judicial issues. This indicates that the appointment of a faqih is necessary in all matters of judgment and of government.
Many experts in the field of biography (Elm al-Rejal) testify that Abu Khadija is a trustworthy narrator. In addition, the hadith is well known amongst the fuqaha and classified as mashureh (famous), consequently there is no problem regarding its chain of transmission.
One might suppose that the designations issued by Imam Sadiq in the previous two traditions are temporal and limited to his lifetime. This possibility is based on the assumption that his successors may have dismissed the fuqaha from authority, just as the successors of a ruler may dismiss his previous commands. However, this supposition obviously overlooks the status of Imams within Imami Shi’ism; their commands and instructions are not equitable to those of an average ruler and their orders must be obeyed both during their lifetime and after their death. Furthermore, Imam as- Sadiq referred to a verse of the Qur’an (4:60), which ordains disbelief in taghut (oppressive authority) and prohibits any recourse to illegitimate government as a ground for his designation of the fuqaha as ‘hakim’. This is a strong indication that his edict is not restricted to a specific time, and that it is forever obligatory for people to turn away from tyrannical authorities.
These three traditions are considered reliable and act as solid foundations for the establishment of Wilayat al-amma. Nevertheless there are some disagreements amongst Imami jurists pertaining to the transmission and interpretation of the texts. Most critics maintain that the above-mentioned traditions confirm little more than the administration of justice (Wilayat al-qada) by the fuqaha.
Aside from the three aforementioned traditions, advocates of Wilayat al-amma also appeal to a set of transmissions that, although too weak to prove the universal guardianship of the faqih by themselves, certainly reinforce and verify the doctrine.
The First Tradition: The Sound Transmission of Qadah
Ali bin Ibrahim, from his father, from Hamad bin Eisa from Qadah (Abd al-Allah bin Maimun) from Imam Sadiq (pbuh), who narrated the Prophet (pbuh) as saying:
The superiority of the learned man over the mere worshipper is like that of the full moon over the stars. Truly the ulema (scholars) are the heirs of the Prophet (pbuh); the prophets bequeathed not gold (dinar) and silver (dirham) instead they bequeathed knowledge, and whoever acquires it has indeed acquired a generous portion of their legacy[75].
According to this tradition, the just and pious religious scholars (ulema) are the heirs of the Prophet; consequently, they must fulfil all the attributes and responsibilities that Allah designated for him (aside from receiving the divine revelation). Hence they are entrusted with maintaining his authority (Wilayat) and the integrity of Islam. And, as has become clear from previous discussions, the Prophet has been appointed as the guardian and leader of the ummah. As the Qur’an says:
The Prophet has higher claims over the believers than their own selves. [Chapter 33, Verse 6]
So his right to rule and govern over the believers is also entrusted to the scholars.
Critics believe that the tradition discusses the knowledge rather than the status of the prophets. So the scholars are the heirs of the Prophet in the field of knowledge. The hadiths’ chain of transmission is sound and the fuqaha usually accept it.
The Second Tradition: Saduqs’ Morsala[76]
Shaykh Saduq in several of his many books mentions the following hadith:
Imam Ali narrated the Prophet (pbuh) saying: “O God! Have mercy on those that succeed me” [Kholaphayi]. He repeated this twice and was then asked: “O Messenger of Allah, who are these 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[77].”
The interpretation of this tradition is similar to the previous one. Those who are successors of the Prophet (pbuh) should have his status (in all areas apart from those such as receiving divine revelation), as Imam Khomeini says:
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 not less than what is implied by the sentence: ‘Ali is my successor’, since the meaning of successorship is the same in both cases[78].
The Third Tradition: The Fuqaha are the Trustees of the Prophets
Shaykh Kolayni mentions the following hadith from the Prophet (pbuh): The fuqaha are the trustees of the Prophets, as long as they do not concern themselves with the world (dunya). The Prophet was asked: ‘what is the sign with their concern to this world?’ He replied: ‘By seeing whether they follow Kings (sultans). If they do that, then fear for your religion’[79].
The argument is that the fuqaha are trustees of the Prophet not merely with respect to deducing Islamic laws, but with all the duties and functions of the Prophet (pbuh) and this encompasses the establishment of a religious government and a just social system.
The Fourth Tradition: The Ulema are the Rulers
Amody transmits a tradition from the Commander of the faithful, Ali (pbuh): The ulema [scholars] are the rulers [hakim] over people[80].
The meaning of this tradition explicitly supports Wilayat al- amma, but the chain of transmission is weak.
The Fifth Tradition: Imam Hussain’s Sermon
During a sermon about enjoining good and forbidding evil, Imam Hussein (pbuh) addressed the scholars and said:
…The disaster that has befallen you is greater than what has befallen others, for the true rank and degree ulema has been taken away from you. The administration of the country and the issuing of orders should actually be entrusted to religious scholars (ulema) who are guardians of the rights of God and knowledgeable about Gods ordinances concerning what is permitted and what is forbidden. But your position has been usurped from you, for no other reason than you have abandoned the pivot of truth and have disagreed about the nature of the sunnah, despite the existence of clear proofs. If you were strong in the face of torturing and suffering and prepared to endure hardship for God’s sake, then all proposed regulations would be brought to you for your approval and for you to issue[81].
If it were not for the weakness of its chain of transmission, the tradition would have been the most explicit verification Wilayat al-amma.
The Sixth Hadith: The Fuqaha are the Fortress of Islam
Shaykh Kolayni mentions the tradition from Imam Kazim (pbuh):
Believers who are fuqaha are the fortresses of Islam, like the encircling walls that protect a city[82].
The statement, which is that the fuqaha are the fortresses of Islam, means that fuqaha have a duty to protect Islam. They must do whatever is necessary to fulfil that duty hence they need to follow the Prophet as a good example for every believer. The Qur’an says:
Certainly there is for you in them a good example, for him who fears Allah and the last day. [Chapter 60, Verse 6]
The Prophet (pbuh) as the fortress of Islam did not restrict himself for training and teaching to protect Islam, rather he undertook socio-political duties and functions as well, hence all the tasks entrusted to the Prophet Muhammad must also be fulfilled by the well qualified fuqaha, as a matter of duty to become the true fortresses of Islam.
Wilayat al-amma as Hisbah
By referring to textual evidences (the Qur’an and ahadith), advocates of universal authority (Wilayat al-amma) intend to illustrate that well qualified fuqaha not only have priority over others to govern the believers, but are also explicitly designated as guardians (Wali) of the Muslim community. However, some Imami jurists maintain that even when you overlook the traditional proofs of Wilayat al-Faqih, one can establish the same authority for the faqih by considering ‘hisbah’. Although this method of reasoning cannot confirm the designation of the faqih as Wali, it does emphasize the priority of the fuqaha to undertake these social duties and makes clear that their authority is legitimate.
‘Hisbah’ as a word literally means reward or spiritual wage, and it is usually applied to deeds that are done to please God and seek heavenly reward (thawab). In Islamic jurisprudence, this term refers to something that God is not willing to ignore or overlook. For instance, there are people who are minors or suffer from insanity, who are unable to discharge their own affairs and need someone to take care of them. If they have no father or grandfather, someone else should undertake their responsibilities and since these who prepare themselves to be in charge of their affairs do that for the sake of God, it is called ‘hisbah’.
There is an important difference between ‘hisbah’ and what is referred to as sufficient necessity (wajib al-kefai). Sufficient necessity is an obligation that everyone one can fulfil, but if undertaken by a sufficient number of individuals, other people are relieved of their duty, whereas ‘hisbah’ should be undertaken by the faqih. If a qualified jurist is not available, then only the just believers (mumineen adil) have the right to be in charge of such affairs.
Having clarified the meaning of ‘hisbah’, we will now examine an argument that presupposes the extension of its denotation. People who adopt this line of reasoning argue that ‘hisbah’ is not restricted to its traditional examples such as in the case of minors and the insane. Rather, the philosophy and reasoning behind such a role demand its extension to social and political affairs. This argument has two major premises:
(a) Muslims are obliged to observe the instructions and prohibitions of Islam in all areas of their personal and social lives, and some of these realistically require the authority and apparatus of a state in order to be practically implemented. Furthermore, it is impermissible for the believers to allow illegitimate and unjust rulers to govern their society, while they have the potential to manage their own affairs independently. From a juridical perspective, this premise is universally accepted.
(b) A just faqih must undertake the duty of social and political guardianship for two reasons: either that the traditional evidences supporting Wilayat al-amma are sound, or the just faqih has priority over others to undertake this duty. The reason behind this is that no one has the right to establish his authority over another unless they are qualified to undertake the duty of ‘hisbah’ (guardianship). And the protection of Islam and Islamic society is an instance of ‘hisbah’, which means God is not willing to ignore or overlook it, consequently well-qualified fuqaha have priority over ordinary people to bear this responsibility. In other words, necessarily someone has to undertake the function. We have two options; either to delegate the authority to those who have no professional knowledge about Islam or approve the authority of a just faqih. We have natural misgivings about the former when the later is feasible. Therefore, the fuqaha have a duty and a right to fulfil it[83].
Despite the traditional arguments illustrating that the fuqaha have been designated as Wali, this argument merely establishes the priority of a faqih to be in charge of governmental affairs similar to other cases of hisbah.
Notes:
[63] Tuqih as a word means seal and signature and in Islamic historical books and in the history of Hadith the term applies to the letters issued by Imams especially letters and decrees of the absent Imam declared through his four particular deputies.
[64] For example, Shaikh Muhammad Hassan in Jawaher al-Kalam, Volume 15, p. 422, Shaikh Morteza Ansari in al-Aada wa al-Shahadat, p. 46, Shaikh Morteza Haeri in Salat al-Jum’a, p. 154, Kashif al-Qeta in al- Ferdus al-A’la, p. 54.
[65] Shaikh al-Saduq, Ikmal al-Din, Ali Akbar al-Qafari (ed), Qom, 1405AH, Volume 2, Chapter 45, p. 483.
[66] Muhammad ibn Hassan al-Tusi, Kitab al-Qayba, Qom, 1411AH, p. 290.
[67] Imam Khomeini, Islam and Revolution, p. 85.
[68] Imam Khomeini, Islam and Revolution, p. 86.
[69] Seyed Kazim Haeri, Wilayat al-Amr fi asr al-Qayba, Qom, Majma al- Fikr al-Islami, 1415AH, pp. 123-124.
[70] Shaikh al-Kolayni reports the tradition in Al-Kafi, Kitab al-Fazl al-Elm, Chapter of Ekhtelaf al-Hadith, Volume 1, p. 67 also Al-Tusi, Tahzib al- Ahkam , Kitab al-Qada, Volume 6, p. 218, Hadith 514.
[71] Translated in Islam and Revolution, p. 93.
[72] In Kitab al-Qada wa al-Shahadat, p. 48.
[73] In Jawaher al-Kalam, Volume 21, p. 395 and Volume 40, p. 17.
[74] Al-Kolayni, Al-Foru’ men al-Kafi, Kitab al-Qada, Volume 7, p. 412; Al-Tusi, Al-Tahzib, Kitab al-Qada, Volume 6, p. 303; Shaikh al-Saduq, Man la Yahzoruhu al-Faqih, Volume 3, p. 2.
[75] Shaikh al-Kolayni, Al-Kafi, The Book of Virtue of Knowledge, Volume 1, p. 34.
[76] In the study of hadith the terminology for a transmission in which the name of the first transmitter or a number of them has not been mentioned is called ‘morsal’.
[77] Uyun al-Akhbar al-Reda, volume 2, chapter, 31, p. 37 also Ma‘ani al- Akhbar, p. 374 also Man la Yahzurohu al-Faqih, Volume 4, p. 420.
[78] Imam Khomeini, Islam and Revolution, p. 72.
[79] Kolayni, al-Kafi, Volume 1, p. 46.
[80] Amodi, Qorar al-Hekam, Volume 1, p. 137, 506.
[81] Harrani Iibn Shobeh, Tohaf al-Huqul, Qom, 1404 A.H. Volume 1, p.238.
[82] Al-Kolayni, Al-Kafi, Volume 1, p. 38.
[83] Seyed Kazim Haeri, Wilayat al-Amr fi Asr al-Qayba, p. 96.