Issues

Monday, March 11, 2013

al-Khoei opinion on Wilayah al-Faqih

When I was a teenager, I’ve always believed that the Shia scholars in Najaf, Iraq had a very pessimistic political outlook. Back then, I couldn’t understand why they would not wholly and fully embraced Khomeini’s political thoughts/ideology…

One of the most influential Shia scholars who didn't believe in Khomeini's Wilayah al-Faqih political system was al-Khoei. He lived in Iraq for the most of his life. He died in 1992.

Khomeini spent some time in Iraq before he was asked to leave by the Iraqi Bathist party.

I personally felt al-Khoei’s opinions about Wilayah al-Faqih political system invaluable. al-Khoei was acquainted with Khomeini's political ideas.

I remember my earliest discussion in mid 90s with an extremely religious family originally from Southern Iraq who knew al-Khoei. They were very reluctant to talk about politics. The brutal Iraqi dictator was still alive and they still had family members living under the dictator. But we did talk a little bit about it.

Nope, they didn’t bash Khomeini at all. I even recall a number of positive things that were said about him. I sense back then, most Iraqis in general didn’t like the Iranians that much. Iran-Iraq war was still fresh in their mind, and almost every family has lost family members or friends to the war. So, I didn’t expect them to be so level headed.

I'm unable to reconstruct the whole conversation. But here’s the gist of it, anyway

al-Khoei strongly rejected Khomeini’s Wilayah al-Faqih system in its entirety. His main disagreement was not that he agreed with some parts of the system and disagreed with the rest. He completely dismissed the concept of political rule by Islamic jurist or Faqihs (religious scholars).
Al-Khoei’s views may seem quite revolutionary by the current standard, but it is very much in line with the core Shia belief. Since we completely lack any textual sources or evidences that could provide some legitimacy to the Wilayah al-Faqih political system, so why should anyone feel obligated to support, participate or even promote it?

You should be able to find proper references from his writings if you search for “al-Khoei views on wilayah al faqih. I’m leaving you a link here, but feel free to carry out your own independent research.

Ayatullah Khu`i in his book 'rejects' Wilayat al-Faqih by saying:

Translation: : In the time of Ghayba there is absolutely no evidence that proves the Wilayah of the Fuqahah. Wilayah is only the prerogative of the Prophet and Imams. The Fuqahah not only don't have Wilayah in general affairs, but they also do not have any legal Wilayah in non-litigious affairs. (Reference to the discussion topic)

3 comments:

  1. Question :
    What is Grand Ayatollah Sistani's opinion about Wilayat-e Faqih (governance of jurist)?
    Answer :
    Every jurisprudent (Faqih) has wilayah (guardianship) over non-litigious affairs. Non-litigious affairs are called "al-omour al-hesbiah". As for general affairs to which social order is linked, wilayah of a Faqih and enforcement of wilayah depend on certain conditions one of which is popularity of Faqih among majority of momeneen.

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  2. Sistani's opinions about WF seems to be vague. He doesn't talk a lot about it. The few times we have seen his fatwa, they seems rather politically correct. But it lacks real substance. This opens quite a bit a room for various interpretation. And I guess you are free to spin it anyway you want to.

    Here's a discussion topic about Sistani's WF
    http://www.shiachat.com/forum/index.php?/topic/46648-ayatollah-al-udhma-sistani-on-wilayah-of-faqih/

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  3. 1 Imam Khoei's (rh) statements in Minhaj Al-Saliheen page 366 :

    " Offensive Jihad is obligatory in time of occultation."

    "The Muslims, if they possess the readiness equipment and power, then indeed Jihad against the faithfulness to call them to religion is obligatory upon them."

    "Indeed acting upon this important order in the open requires a leader and a commander who the Muslim ses as an authority upon them."

    "So most certainly is assigned to the jurist who fulfills the required conditions"

    "He conducts this important role through the issue of Hisba, on the basis that somebody else taking such a role would result in chaos and disorder."

    2 In his another statements of another books he says : because al-omour al-hesbiah are everything that falls into protecting the stability of life, it is indeed a requirement of Islamic Law, and because it has not been assigned to a specific person, therefore, this Wilaya is a provision assigned to the jurist who fulfills the conditions. [Al-Tanqih, volume 1, Al mustanad, volume 2]

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