Shi'ism and the Democratisation Process in Iran

With a Focus on Wilayat Al-Faqih

Ibrahim Moussawi

• Publisher: Saqi Books
• Year: 2012
• Print ISBN: 9780863564703
• eBook ISBN: 9780863568312
• Topic: Politics & International Relations
• Subtopic: Political Ideologies
• Index: Politics & International Relations

Since its emergence in 1979, the Islamic Republic of Iran has remained a conundrum for observers, particularly in the West. Shi'ism and the Democratisation Process in Iran examines the fundaments of Iran's Islamic governance and asks the pivotal question: can democracy and Islam cohere? Addressing Wilayat al-Faqih, or rule by the jurisprudent - the theory upon which the Islamic Republic was constructed - he asserts that the system upholds both individual and communal rights, and provides scope for citizens to express their interests. Moussawi draws on the history and theological underpinnings of Shi'i Islam to argue that in today's Iran, politics and religion are neither rigid nor in diametric opposition. Exhaustively researched, Shi'ism and the Democratisation Process in Iran marks an invaluable addition to the growing oeuvre of books on Iran.

CHAPTER ONE

Principles in Shi‘i Islam

INTRODUCTION

An analysis of the doctrinal foundations of Shi‘ism reveals several important shifts in theological interpretation that resulted in changes in Shi‘i political culture. This dynamism in the conceptualisation of the faith suggests that there is ample space for democratisation to take place within the context of Shi‘i Islam, and indeed wilayat al-faqih. This chapter will examine the basic principles of Shi‘i Islam, the evolving interpretation of these principles in various eras and the coinciding evolution of political culture. A discussion of the periods of Lesser Occultation and Greater Occultation will show that while the prior was characterised by political quietism, the latter has seen the emergence of political activism. Finally, this chapter will explore the making and choosing of the Marja’, a process which is not based on privilege, inheritance, nepotism or cronyism, but rather is firmly rooted in meritocracy, demonstrated ability, intelligence and competence.

FOUR SOURCES OF ISLAMIC LAW

Shi‘i Islam, like Sunni Islam, acknowledges four sources of Islamic Law, or Shari‘a. In Sunni Islam, Shari‘a is based upon the Qur’an, the Sunna of the Prophet (Traditions), the consensus (ijma’) of the umma, and analogical reasoning (qiyas). However, Twelver or Imami Shi‘ism is based upon the following four sacred sources of Islamic legislation: the Qur’an, the Sunna of the Prophet and the Hadiths of the Twelve Imams, the consensus (ijma’) of the jurists (fuqaha), and reason (al-‘aql).

1. The Qur’an

Like the Sunnis, Shi‘is consider the Qur’an the primary source of legislation, the infallible and impeccable revelation from Allah to his Prophet Muhammad. Both sects view the Qur’an as hujja (an apodictic proof), since it is the revealed word of God to the Prophet. Most of the fatwas or religious edicts that are based on the Qur’an are binding on the whole Muslim population, unless there is a difference in interpretation over the Qur’anic verse in question.

There are two types of verses in the Qur’an: ayat muhkamat or ‘verses that are unequivocal in meaning’, and ayat mutashabihat, ‘verses that require allegorical interpretation’. Only God and erudite Muslim scholars are capable of rendering a hermeneutic interpretation of Qur’anic verses. In both Shi‘i and Sunni jurisprudence, there is a consensus that the ayat muhkamat are those that state the clear Islamic injunctions (ayat al-ahkam) in subjects such as prayer, fasting, pilgrimage, alms giving, and personal status, etc.¹ These verses do not exceed 500.²

Both Shi‘is and Sunnis view the Qur’an as the foundational and uncontested text in Islam, which abrogates any other text in cases of conflict. The Sixth Imam, Ja‘afar al-Sadiq, advised that ‘If the community of believers are faced with two different Hadiths, then they should juxtapose these to the Qur’an. Those that are in conformity with the Qur’an should be accepted and those which are in contradiction to it should be rejected or abrogated.’ ³ In another account, al-Sadiq affirms that the final recourse is always God’s book and his Traditions, and every Hadith that is not in conformity with the Qur’an should be abrogated.⁴

2. The Sunna

Unlike the Qur’an, the Sunna, which literally translates as the ‘trodden path’, has been a domain of contestation among Muslims. Though Shi‘is and Sunnis agree on the saliency of the Hadith as an irrefutable source of legislation, they differ over which Hadith ought to be included within the abode of Sunna. While Sunnis only acknowledge the Hadiths of the Prophet and his four rightly guided Caliphs, the Shi‘is include the Hadith of the Twelve Imams, starting from the Fourth Caliph Imam ‘Ali, and his eleven descendants, beginning with Imam Hassan and ending with Imam al-Mahdi. This is the case because Shi‘is consider the Twelve Imams infallible and impeccable. The only difference, in their view, between the Imams and the Prophet is that the latter received the revelation from Archangel Gabriel and the miracle of the Qur’an. According to Etan Kohlberg, ‘the belief that Muhammad was the seal (that is the last) of the prophets is common to Imamis and Sunnis; but in contrast to the Sunnis, the Imamis in their law give the Imam a status identical to that of the Prophet. In other words, while both Sunnis and Imamis regard the Prophet’s utterances and actions as the second source of Islamic law (after the Qur’an which is the word of God), the Imamis add to this source the utterances and actions of the Imams.’⁵

This difference in interpretation stems from the fact that Shi‘is and Sunnis disagree on the centrality in Islam of ahl al-bayt, or literally ‘the people of the house’ or household of the Prophet Muhammad. The focal point of the dis- agreement emanates from a certain Hadith, hadith al-thaqalayyn, attributed to the Prophet Muhammad about the issue. Shi‘is narrate the Hadith as saying: ‘I order you after my death to adhere to two principles: The book of God (Qur’an) and my successors (itra), ahl al-bayt.’ Sunnis narrate the Hadith the same way save one vital difference: the Sunnis replace ahl al-bayt with ‘Sunna’, or tradition.

In Twelver Shi‘ism, the traditions of the Prophet and the Twelve Imams are considered as hujja or evidence. Traditions entail both the sayings and the deeds of the Prophet and the Imams. Shi‘i jurists rely on these to derive maqasid al-shari‘a (purposes of the Shari‘a) and to come out with their injunctions. The Shi‘i Hadith are compiled in four authoritative books, which contain the jurisprudential stipulations in different eras. These are: Al-Kafi, Man La Yahdurhu Al-Faqih, Al-Tahdhib, and Al-Istibsar. The Sixth Imam, Ja‘afar al-Sadiq, enjoined the believers not to accept a Hadith unless it conforms to the book and traditions and falls in concordance with an earlier Hadith uttered by him or the previous five Imams.⁶ Thus, he urged that it should be in conformity with the Qur’an and the Hadith.

3. Ijma’

Both Sunnis and Shi‘is view ijma’ as a source of Islamic legislation. In Sunni Islam, ijma’ refers to the consensus of the ulama, or Islamic scholars. This argument is based on the Hadith of Muhammad that says: ‘It is second to impossible that my umma agrees on aberration,’ although traditionally, ‘umma’ has been narrowly interpreted to include only the ulama. In Shi‘i Islam, ijma’ is confined to the jurisprudents (fuqaha) and not the lay people who are not well versed in interpreting the Divine truth. This view is based on the centrality of the doctrine of ahl al-bayt in Shi‘i Islam.

In Twelver Shi‘ism the Imam, who is a direct descendant of the Prophet Muhammad and ‘Ali, the first Imam, is considered ‘both sinless and absolutely infallible in his pronouncements on dogma and, indeed, in all matters.’⁷ According to the late Ayatollah Murtaza Mutahhari, the wilayat or leadership of the Imam has four dimensions, stemming from the Qu’ranic verse 42:23⁸ which states...

Table of contents

• Cover
• Title
• Copyright
• Contents
• Introduction
• 1. Principles in Shi‘i Islam
• 2. Basic Principles: Wilayat al-Faqih and Shi‘i Jurisprudence
• 3. Democratisation Processes in the Islamic Republic of Iran: The Role of shura in the Democratisation Process
• 4. Islamic Principles Applied in the Islamic Republic
• 5. Does Wilayat al-Faqih Lead to Tyranny?
• 6. Islamism and Republicanism
• 7. Democratisation in the Islamic Republic of Iran and the Emergence of the Iranian Reform Movement
• Postscript: The 2009 Election and its Aftermath
• Acknowledgments
• Bibliography
• Index