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Towards an Understanding of the Shiite Authoritative Sources

By Dr. Mohamed Al-Saeed Abdul Mo'men*

Translated by Abdelazim R. Abdelazim

10/09/2003

Religious School in the Holy City of Qom

The assassination of the great Shiite Ayatollah Muhammad Baqir Al-Hakim, leader of the Supreme Council for Islamic Revolution in Iraq, raised many questions about the Shiite leadership in Iraq and Iran, the Shiite religious system with its complex institution, the future of this institution, and the odds of its endurance.

The concept of a religious institution has long been related to Shiism. Seminaries, or hawzat `ilmiyyah, were formed by uniting the juridical schools headed by the Shiite authoritative Sources (ayatollahs). Such seminaries have been sustained by the notion of the imamate (imamiyyah)** which entitles every Shiite to imitate in religious and mundane matters a legal jurist (faqeeh) who represents a link between the ordinary people and the Imam. According to Shiite belief, whoever dies without following an Imam dies in ignorance. These creeds created the pressing need to constantly educate jurists, paved the way to juristic reasoning (ijtihad), and put Shiite Sources in a position to collect zakah  (obligatory charity), gifts, and war spoils in the form of the right to a fifth, which is part of the spoils of war allocated to the Prophet during his lifetime, and to his kith and kin after him. According to Sunni scholars, the right to a fifth was exclusive only to the Prophet (peace and blessings be upon him), lost effect by his death, and was not inherited. The Shiites believe that it is still one of the rights of the Imam, who may empower deputies or Sources to collect it during his absence. This financial support led to the establishment of a powerful Shiite religious institution independent of any ruler who would interfere in its affairs, and nurtured the theory of clerical rule or the "guardianship of the jurist."

By the beginning of the tenth Hijri century, the Shiites of Iran managed to form the first religious government, which was run by the Safawite Dynasty. Al-Muhaqiq Al-Karki, also known as Al-Muhaqiq the Second, who had spent a long period of his life in Al-Hula and Al-Atabat Al-Muqadasa (Sacred Thresholds) in Iraq, managed to found a powerful seminary in Asfahan. After his death, Mullah `Abdullah At-Tasaturi worked hard to support, develop and expand the seminary, introducing mundane sciences beside the religious ones. A considerable number of Shiite scholars at the time specialized in philosophy, Sufism, and mathematics. Mullah Muhammad Baqir Al-Majlisi then authored the first encyclopedia of Shiite jurisprudence, titled Bihar Al-Anwaar (Oceans of Light). Many other Shiite seminaries competed with the one in Asfahan, such as those in An-Najaf, Jabal Aamal and Al-Bahrain, each consisting of a number of religious schools of more than 1700 students, in addition to the girls’ schools.

Hakim's Death Fuels Anti-Occupation Sentiments

The seminary of An-Najaf flourished in jurisprudence and science during the thirteenth Hijri century when great scholars lived. These included Sheikh At-Tusi, who founded Dar Al-`Ilm (House of Knowledge); Sheikh Murtada Al-Ansari; Akhund Al-Khorasani; Muhammad Hassan Al-Shirazi; Sayid Abul-Hassan Al-Asfahani; and Muhammad Hassan An-Najafi. The seminary became the largest religious academic center for Shiites in the time of Muhammad Hussain Kashif Al-Ghitaa. Research centers, institutes and scientific societies were established, such as the Society of Publishing Forum, founded by Sheikh Muhammad Rida Mudhafar, and the College of Fiqh (Jurisprudence), established by the Society of the Sacred Thresholds Scholars, which put out the Najaf Magazine and the Students Magazine.

Classes to train religious orators were held as well. Muhammad Hussein Kashif Al-Ghitaa and his colleagues, afterwards, set up the Society of Cultural Emancipation within the seminary of An-Najaf, which contributed to the development of the seminary by introducing new modern sciences. It was Ayatollah `Abdul-Karim Al-Haeri who founded the seminary of Qum, introducing into it scientific specialization and foreign language teaching.

The religious seminary has since been a cradle for producing scholars, thinkers and academics in many fields: jurisprudence, tafseer (Qur’anic explication), philosophy, Sufism, history and mathematics. Scores of imitators, knowledge-seekers and students were attracted to the seminaries of Najaf, Samaraa, Karbala, Jabal Aamal, Qum and Mashhad. The seminary scholars taught in mosques and held religious and scientific discussion forums at their houses, which later on became centers for administrating financial transactions and the seminary resources, that is, gifts, zakah, alms, and the right of the fifth.

The seminary is characterized by paying special attention to its students. It does not issue certificates or licenses but is keen on developing the students' research skills and mental capacities; on increasing their cultural, juridical and philosophical information; and on providing them with a scientific and political attitude. A student, thus, assimilates from very early the ijtihad methodology as he assumes religious ranks: preacher then mujtahid, hujjat Al-Islam, and then hujjat Al-Islam wa Al-Muslimeen until he becomes a Source or ayatollah, and thereafter the great ayatollah or ayatollah al-`uzma.

This gradual process contributes to the continuous renewal of Shiite thought, religious speech, and the organization of the seminary itself. Some seminary scholars, however, suggested issuing scholastic certificates, conferring academic degrees, and applying a credit system in the seminary schools. A wide section of other scholars fiercely opposed these suggestions as being of Western origin and different from the Islamic culture and the cultural identity of the Shiite religious communities. Many expressed their fear of stagnancy as the cultural and scientific level would be molded into fossilized formal systems and inflexible examination methods that would belittle abler non-certificate-holders. This would in turn cause dangerous morale troubles that would destroy the community as a whole. 

In an age of emancipation, revolutionary thinking was introduced into the seminary on the background that Islam itself is a revolution. The idea that time and place influence ijtihad was also introduced, in addition to the study of foreign languages, contemporary philosophies, the media and how it can help in da`wah (calling to Islam). It is clear that the role of the Source (ayatollah) in the seminary depends on his charisma, which attracts colleagues, students and imitators who show interest in his ideas and theories.

As some religious scholars assumed the position of Source of imitation, their roles entitled them to provide political and economic guidance along with religious and social guidance. The seminary, for example, led the Iraqi sociopolitical movement during the 1917 Eshreen Revolution, orchestrated by Sayyid Muhammad Taqiy Ash-Shirazi against the British who occupied the country. The Shiites, both Sources and imitators, fought against colonization. Ash-Shirazi also declared tobacco prohibited in his speech delivered in Samaraa as the scholars of An-Najaf issued a fatwa declaring general mobilization. The seminary of Qum supported the nationalization of the oil industry, the struggle against the British, and the opposition against the removal of the hijab (women’s veil) and naturalization of relations with Israel. 

The theory of absolute clerical rule or the "guardianship of the jurist," upon which the religious government in Iran is based, depends on four main cornerstones: 

Guardianship: This is the capacity to attend to others’ needs, viewing the ordinary person as socially incompetent, incapacitated and always in need of a juristic sponsor. In other words, every public act requires a pre-permission or approval before being done. Being a Jurist Guardian is like being a custodian for the people, who have nothing to do with appointing or ousting the Jurist Guardian or the acts of guardianship. Public states derive their legitimacy from being under the supervision of the Jurist Guardian, and the people are legislatively entitled to submissively follow and obey his orders. This kind of guardianship is compulsory, everlasting, unconditional, and applies to all.

Appointment: As the Imam is absent, the jurists decide the appointment of the person they believe is qualified for government. The Jurist Guardian shall not decide his selection according to the will of people because the Jurist Guardian is the source of jurisprudence and justice. As he is directly responsible before Allah, he could remove himself from power, or Allah removes him.

Absolutism: The Jurist Guardian’s domain of power covers issues of public life and government alike because his authoritative powers are the same as those of the Prophet (peace and blessings be upon him) and the Imams. These powers are not restricted to issues related to the four cornerstones of divine rule but apply as well to political and government issues. The people have to comply willingly with these legislative decisions.

The Shiites, both Sources and imitators, fought against colonization through the years

Jurisprudence: This is one of the most important criteria to manage society because jurisprudence plays an essential role in molding it and its administrative styles. Every political organization must be established on juridical foundations, as the Jurist Guardian has the capacity to resolve all the world’s political, economic and military problems by his guidance.

Absolute guardianship, in turn, led to the idea of restricted guardianship, which is subject to elections, superintending the jurist, and selection by the popular leadership. This kind of guardianship was the outcome of the many theoretical and practical problems of the theory of absolute guardianship. Jurists attempted to bring the four elements of such a theory into harmony with the popular leadership by applying modifications to them. The first attempt was made by Mirzay Na’eni in the last century. He declared the possibility of establishing a constitutional government under the supervision of jurists, maintaining their general guardianship, but without imposing their authority on the people.

Sayyid Muhammad Baqir Sadr made the second attempt when he proposed his theory of the popular caliphate supervised by the religious authoritative Source. The theory holds that the people’s political rights should be officially independent of the jurists and that the status of the jurists should be more liable to superintendence. On the executive level, the religious Source is selected by traditional methods, not by democratic elections.

The jurists of Qum, in a third attempt, declared their theory of election-based guardianship, finalized by Ayatollah Hussein Ali Najaf Abadi. The theory modifies three cornerstones of the absolute guardianship theory and pays special attention to the element of jurisprudence. It holds that the more knowledge of jurisprudence a jurist has, the more qualified he is for the position of juridical guardianship. After a 25-year research on the experience of the guardianship of the jurist, the theory produced an attempt to reduce the Jurist Guardian’s authority of supervision and executive power. It is clear, however, that religious supervision is but the “guardianship of the jurist,” based on his religious empowerment.

The elements of popular leadership in this theory are as follows:

  • All participants in the public service, including the First Man, are selected by public elections, as the people have the right to select them.

  • The popular right in the social arena shall be dealt with as one of the contracting parties, and all popular leadership concepts shall be approved.

  • The public has the right to participate in law-giving, a right essential to the realization of popular leadership.

In fact, this theory can be called the theory of popular and religious leadership, attaining its Islamic identity from the supreme guardianship of the jurist as society is being governed by its popular leadership.

Finally, the great majority of, even all, jurists accept the theory of the guardianship of the jurist, though it is still a controversial juridical issue. The theory represents political power for the jurist. Perfect religion, one of the jurists declares, can only be attained through a consistent pattern of political action because the aim of religion is to apply the provisions of the Shari`ah, and only jurists have the qualification to fulfill this aim. Hence, the establishment of a religious government headed by the Jurist Guardian is self-evident, prompting the scholars of Jabal Aamal in Lebanon to establish Hizbullah and the scholars of Najaf to found the Supreme Council for Islamic Revolution in Iraq.

Thousands of Iraqis mourn Ayatollah Muhammad Baqir Al-Hakim

The leadership of the great Ayatollah Mohsen At-Tabtaba’e Al-Hakim, father of Ayatollah Muhammad Baqir Al-Hakim, and his influence on the Shiite tribes and the social and cultural milieus of Iraq, stems from his repudiation of the personal status code issued by the Iraqi Council of Revolution. Ayatollah Al-Hakim declared in a statement the illegitimacy of the code, which contained mostly secular articles. The statement resulted in fierce confrontations between the religious seminary of An-Najaf and Saddam’s Baathist regime. The Baathists closed many seminary schools, dismissed their teachers and students, terrorized the people at the Sacred Thresholds, and annoyed Ayatollah Mohsen Al-Hakim so that he would give up politics. They even wrongly accused his son, Mahdi Sayyid Al-Hakim, of espionage and executed him. Deeply moved by this horrible incident, Al-Hakim remained the rest of his life secluded in his house in Kufa. His son, Muhammad Baqir Al-Hakim, escaped to Iran and formed the Badr Brigade to fight the Iraqi Baathist regime. It is ironic that the first real test the Brigade underwent was the assassination of its leader, Ayatollah Al-Hakim, upon which its soldiers poured into Iraq to protect the Shiite Sources and avenge the murder of the holy man.


* Dr.Mohamed Al-Saeed Abdul Mo'men, Egyptian author and academic, Professor of Iranian Studies, ` Ain Shams University , Cairo , Egypt .

** “The Imam is regarded by Shi'ites not merely as a political leader but as a metaphysical being, one who is without sin, whose doctrinal pronouncements are infallible and who bestows true knowledge on humanity.” http://philtar.ucsm.ac.uk/encyclopedia/islam/shia/shia.html



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