http://weekly.ahram.org.eg/2009/932/op22.htm

29 January - 4 February 2009
Issue No. 932
Published in Cairo by AL-AHRAM established in 1875

Who wants rule by scholars?
Those who think that Iran's rising regional profile is no matter of concern are 
not looking closely enough, writes Galal Nassar 

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"The absolute velayat-e faqih [rule by the scholar] is a byword for 
polytheism," one of the founders of the Iranian republic and a top Shia scholar 
recently said. Ayatollah Hussein Ali Montazeri was the heir apparent of 
Ayatollah Khomeini until he was ousted from that position shortly before the 
death of Khomeini. Montazeri was then placed under house arrest because he 
objected to the appointment of Ayatollah Ali Khamenei as supreme guide of the 
revolution.

On Monday 22 December 2008, Montazeri was having a meeting with Ibrahim Yazdi, 
leader of the opposition Iran Freedom Movement ( Nezhat-e Azadi ) and the first 
foreign minister of post-revolutionary Iran. During that meeting, Montazeri 
said he opposed the idea of an absolute velayat-e faqih, saying that, "the 
opinion of the faqih supersedes the views of others in Sharia [Islamic law] 
interpretation only. As for matters related to political affairs and 
maintaining relations with other countries, this is not the domain of the 
vali-faqih [scholar- ruler] and must be left to the specialists."

"When the Iranian constitution was revised in the mid- 1980s, I opposed the 
enlargement of the vali-faqih powers and the transfer of these powers into 
absolute rule, for I believe that Prophet Mohamed himself was not a supporter 
of absolute rule. The Quran told the prophet to govern according to Islamic 
law, not according to his own views. So the belief in the absolute velayat-e 
faqih is a byword for polytheism," Montazeri stated.

This was Montazeri's answer to those who support the absolute power of Iran's 
supreme guide, Ayatollah Ali Khamenei. The latter take their cue from the late 
supreme guide Khomeini, who once said that "the formation of government and its 
running is part of the absolute velayet of the prophet and one of the primary 
tenets that outranks all other tenets, including prayer, fasting and 
pilgrimage."

The phrase "absolute velayet-e faqih " was used by Khomeini for the first time 
in 1982, three years after the ousting of the shah, and right after the mullahs 
finished liquidating all the political allies who helped stage the revolution. 
Two years after Khomeini espoused velayat-e faqih, the idea became enshrined in 
the Iranian constitution against the objections of Shia clerics and 
politicians, who saw it as a threat to Iranian political life. Their biggest 
fear was that velayat-e faqih would lead to the abolition of the constitution 
and the introduction of emergency measures by the vali-faqih, which is 
happening now.

It was the Shia scholar Mohamed bin Makki Al-Amili (born in Jazzin in south 
Lebanon in 725 AH, killed in Damascus in 786 AH, and often referred to as "the 
first martyr") who gave birth to the concept of velayat-e faqih. He proceeded 
to name himself a deputy for the hidden imam. Al-Amili coined the term " 
al-faqih al-jamie lil sharaet ", or the scholar holding all the reins. He was 
the first to order tithes to be paid to the faqih and it was his opinion that 
Friday Prayers should be cancelled until the return of the hidden imam. His 
views on velayat-e faqih were briefly discussed in his books Al-Lamaah 
Al-Damashqiyah (The Damascene Glow) published 782 AH as well Dhikra Al-Shia 
(Shiism Remembered) published 784 AH.

Having studied in Iraq, Al-Amili returned to Jazzin in 760 AH and started 
propagating his ideas, gaining many followers. He soon formed an armed gang to 
seek power. Some of his supporters turned against him as a result, accusing him 
of extremism. He retaliated with fatwas, or decrees, sanctioning their murder.

One of the men killed by decree was called Mohamed Al-Yalushi. The followers of 
Al-Yalushi, led by Taqieddin Al-Khyami, collaborated with the Mameluke rulers 
of Damascus and had Al-Amili arrested. The Mameluke authorities collected the 
signatures of 70 of Al-Amili's followers as well as those of hundreds of 
scholars, all testifying that the man was an apostate. He was tried for 
apostasy and insurrection. 

As was the custom, according to the Shaffite doctrine, an apostate or a heretic 
was condemned to one year in prison before execution, to give him a chance to 
repent and be pardoned. Al-Amili was first given this privilege by the Damascus 
qadi (jurist). But the qadi al-qodah (supreme jurist) ordered his execution. 
The first Shia cleric to advocate velayat-e faqih was thus executed in 786 AH.

This incident is described in Shia books as Hijrat Ulamaa al-Shiaa min Jabal 
Amil ila Iran fi al-Asr al-Safawi (The Emigration of Shia scholars from Jabal 
Amil to Iran in Safavid Times) by Mahdi Ferhani. According to Ferhani, Al-Amili 
wasn't just another Shia scholar giving a theological opinion, but a man bent 
on seizing power by force. Most mainstream Shia scholars ignored Al-Amili's 
theory since his death, concluding that it violated the true tenets of the 
faith.

Khomeini was the one to revive the concept in modern times. He actually based 
his ideas about exporting the revolution on that concept. And the Iranian 
regime tried accordingly to establish organisations and parties in Arab and 
Islamic countries to promote the idea of velayat-e faqih. 

Hizbullah's Hassan Nasrallah admitted it during the fighting in Beirut in May 
2008: "They imagine that they insult us when they refer to the party of 
velayat-e faqih. I am proud to be a member of the party of velayat-e faqih," he 
said. Again, this indicates that velayat-e faqih is not a theological matter, 
but a political party prepared to achieve its goals at all costs. And yet, 
certain individuals who claim to oppose sectarianism now advocate velayat-e 
faqih openly. 

In an interview with the Kuwaiti newspaper Al-Nahar, published Wednesday 24 
December, Mahdi Akef, supreme guide of the outlawed Muslim Brotherhood, was 
asked about the expansion of Shia influence in the region. "I have nothing 
against it. We have 56 Sunni countries in the Organisation of the Islamic 
Conference, so why be afraid of Iran, when it is the only Shia country in the 
world," he replied.

What the Muslim Brotherhood supreme guide forgets is that Iranian Shiism is not 
mainstream Shiism. Iran is propagating the party of the absolute velayat-e 
faqih. Iran is propagating ideas borrowed from a man executed for heresy. 
Unfortunately, Mahdi Akef is not alone. There is a long line of pro-Iranian 
writers who naively sympathise with the Brotherhood's ideas, apparently to 
spite the Egyptian regime.

Theirs is a risky game. I simply fail to understand why a group with such a 
long history of suffering, apparently in defence of Islam and Muslims, 
subscribes to the concept of velayat-e faqih. Cannot they see that all Iran 
wants is to establish sectarian governments everywhere and use them as 
satellites of a revived Persian Empire? Haven't we learned anything from the 
events in Iraq, Lebanon and Gaza?

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