Iran, Concept of Rahbar, Vilayat e Faqih

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OUTLINE

I. Introduction
II. Islamic Reasoning
III. Core Theory
IV. Philosophical Context of Guardianship of the Jurist
V. Incorporation in the Constitution
VI. Functions and Responsibilities

I. Introduction
o Rahbar is the Supreme Leader in Iran

o Head of the State


o Highest ranking political and religious authority
II. Islamic Reasoning
 The doctrinal basis of the Guardianship of the Islamic Jurist comes at least in part from the
hadith where Islamic Prophet Muhammad (P.B.U.H) is reputed to have said:
o “The Ulema are the inheritors of the prophets.”
III. Core Theory
o It is a post-occultation theory in Shia Islam which holds that Islam gives a faqih (Islamic
jurist) custodianship over people.
o Acc to John Esposito in The Oxford Dictionary of Islam, Morteza Ansari (1781-1864)
was the first Islamic scholar to advance the theory of the Guardianship of the Islamic
Jurist.
o The idea of the Absolute Guardianship of the Islamic Jurist gained influence with the
success of Ayatollah Khomeini’s leadership of the Iranian Revolution. Earlier, Khomeini
had expanded on it in his book Islamic Government: Governance of the Jurist. He
presented the concept as necessary to protect and preserve Islam during the
Occultation of the Imam.
o According to Khomeini, society should be governed by those who are the most
knowledgeable about Islamic Law. (Shariah)
IV. Philosophical Context – Guardianship of the Islamic Jurist
o Post of Supreme Leader was established by the Constitution in accordance with the
concept of Guardianship of the Jurist.
o All three branches of government under the absolute guardianship of the Rahbar.
o Book of Grand Ayatollah Ruhollah Khomeini, Islamic Government: Government of the
Jurist
 I) Economic division of the society
 Ii) Innovation in Islam and approvals by sham Parliaments
 Iii) Influence of foreign powers in Islamic lands
 Iv) Islamic order
o Vali Nasr identified the influences on creation of this post.
 I. Plato’s Republic – A specially educated guardianship class lead by Philosopher
King.
 ii. Farabi’s The Principles of the People of Virtuous City (Muslim version of
Plato’s Republic)
 iii. Ali Shariati’s Vilayat-e-Faqih, abolition of monarchy and economic divisions
of the “oppressor and oppressed”.
V. Incorporation in the Constitution
o 1979
 Article 4: All civic, penal, financial, economic, administrative, cultural, military,
political, and other laws and regulations must be based on Islamic criteria and
under watch of Fuaqaha.
 Article 5: During the absence of the 12th Imam, the leadership and government
belong to the rightful, pious, legal scholar (Faqih) who is recognized and
acknowledged by majority of population.
 Article 107: Praised Supreme Leader as the most learned and talented leader
for emulation. (Marja’I Taqlid)
o 1989
 Article 109:
 Stipulated that the leader be Marja’i Taqlid.
 Article was revised on the direction of SL.
 Assembly of Experts was authorized to choose the next Supreme leader
rather than direct election.
 Shortly before his death, there was a fall out between him and his successor
Hussein Ali Montazeri.
 Revised Article 109 made a relatively lower ranking member of the clergy Ali
Khamenei the next Supreme Leader of Iran.
VI. Functions and Responsibilities
o Article 110:
 1. Determining the overall politics of the Islamic Republic system of Iran after
consultation with the Expediency Council
 2. Supervising the proper implementation of the general policies of the system;
 3. Issuing referendums;
 4. Commanding the armed forces;
 5. Declaring war, peace, and mobilizing forces.
 6. Issuing appointments, dismissals, and accepting the resignation of:
 A) The jurisprudents of the Guardian Council.
 B) The highest position of the judiciary power
 C) The president of the mass media
 D) The chief of the general staff
 E) The commander-in-chief of the IRGC
 F) The Supreme C-in-C of the security and armed forces.
 G) The head of the Quds Force (Article 110)
 7. Coordinating the relationship among the three branches of the government
and resolving any conflict among them.
 8. Resolving issues in the system that cannot be settled by ordinary means
through his own appointed Expediency Council.
 9. Signing the appointment of the President of the Republic, after his election by
the public.
 10. Dismissing the President of the Republic after either the Supreme Court’s
decision or the Parliament’s no confidence vote.
 11. Pardoning or reducing the sentences of convicts, within the framework of
Islamic criteria.

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