IMAM KHOMEINI’S “ISLAMIC GOVERNMENT: GOVERNANCE OF THE JURIST” AND “JIHAD AL-AKBAR”
Part IV: The concepts of trustee, legatee, faqih
Allah SWT decreed that Imam Ali became the first legatee after Prophet Muhammad
“The immediate legatee of the Most Noble Messenger (S) was of course the Commander of the Faithful (A), who was followed by the other Imams (A).” 1 Imam Ali (A) was appointed by Prophet Muhammad (S) as his successor, upon the command by Allah SWT.
Governance is central to Islam, as “Islam came in order to establish order in society; leadership and government are for the sake of ordering the affairs of society.” 1 A legatee is also a trustee, an individual who performs a specific duty. Just as the Commander of the Faithful (A) was appointed the legatee of the Holy Prophet (S) at Ghadir Khumm, so each Imam succeeding the previous Imam is the legatee of his predecessor.
As Islam is a comprehensive system of laws, and these laws have to be executed for all time, the Messenger of God (S), and the twelve Imams, were appointed as executors of the laws, a particular duty which did not take away from their spiritual status. “The Messenger of God (S) was an executor of the law. The successor to the Prophet (S) must do the same; his task is not legislation, but the implementation of the divine laws that the Prophet (S) has promulgated.” 2 Khomeini explains that this is the reason for the necessity of the formation of a government and that the establishment of executive organs are necessary.
The eleven Imams following the Commander of the Faithful were legatees
The concept of the legatee itself concerns the function of an individual, the duties he must bear, and does not of itself confer on the title holder a special spiritual status. The Imams however, had upon decree by Allah SWT also a special spiritual status. “The spiritual status of the Imam (A) is a universal divine viceregency that is sometimes mentioned by the Imams (A).” 2 The special status of the infallible Imams and the Messenger of Allah (S) is a given, but it is their “function” in their governing capacity that relates to the attributes of a trustee, a legatee, and therewith also the faqih.
Without the divine decree that first passed trusteeship of Islamic governance from the Holy Prophet (S) to the Commander of the Faithful (A), and thereafter to the other Imams, there would be no precedent, tradition, or decree for the trusteeship to be passed to the faqih, the ‘just ruler’, during the occultation. This trusteeship is essential for the Islamic society to be governed according to the sharia. Khomeini emphasizes by referencing the Qur’anic text that obedience to the Prophet (S) takes place in accordance with divine decree, as God says: “And obey the Messenger” (Qur’an 4:59), and that obedience to those entrusted with authority is also on the basis of this divine decree: “And obey the holders of authority from among you.” (Qur’an 4:59)
The role of the legatee continues during the occultation
The Commander of the Faithful (A) related that the Most Noble Messenger (S) said that “the fuqaha are the trustees of the prophets (A).” 1 Very importantly, during the occultation the legatee (or just faqih) has the same authority that the Holy Prophet (S) and the Imams (A) had, but the status of the faqih is not identical to that of the Prophet (S) and the Imams. Although the body of laws require an executor, during the occultation this will be the faqih, and “the governance of the faqih is nothing but the performance of a duty.” 2 The faqih, who is also a trustee, a legatee, does not necessarily obtain special spiritual status through performing this duty, nor is it a requirement for the faqih that in order for him to be able to execute his duties properly, he should have the spiritual status of the Imams.
The faqih must carry out all the same tasks that the prophets carried out; “all the tasks entrusted to the prophets (A) must also be fulfilled by the just fuqaha as a matter of duty.” 1 These tasks include collection of the various taxes and donations and the expenditure of these monies in accordance with public interest, implementation of the penal code of the law, enactment of retribution, protection of borders, and public order.
Khomeini specifically lists the attributes for the “just ruler”, “general qualifications: intelligence and administrative ability” and “essential qualifications: knowledge of the law and justice.” 2 Although the fuqaha do not possess the special spiritual status of the Imamate, the “faqih has authority over the ruler”, and “the true rulers are the fuqaha.” 2