JOURNAL OF RELIGIOUS THOUGHT: (A QUARTERLY OF seaZ UNIVERSITY Examining the Views of ‘Allimah Majlis on ‘Legitimate Political Authority (Saltanat-i Mashra’al) and the Guardianship of the Jurist (Wiliyat-i Faqhih) ‘Yasuyuki Matsunaga’ Abstract “sane seg. and vine tof alae vat mea) See ‘Betoun of te jo Coa ina yna 1. Tntroduetion Al“Allinsh Muhammad Bagir al-Mailist (1037- 1110/1627-1699) is called an_ unprecedented influential author in the word of Imami Shi‘ism. Although best known as the author of his encyclopedic hadith collection, Bihdr al-anvdr, ‘Allimah Majlisi was also a very powertal religi-poltical figure in his capacity as Shaikh al-Islam of the Safavid capital Isfahan during the reigns of Shih ‘Sulayman (¢. 1656-1694) and Shih Sultin-Hiusayn(r.1694- 1722), In addition to his determined campaign agsinst Sufism and Sunnism, he has heen credited for propegsting Imai Shi'sm among the mass of the people of Ian, and for the fist time, truly capturing their minds and souls T ps PreGame, Non Uns4 Journal of Religious Thought ‘rough his telling naration ofthe lives and sayings of the Prophet and the Imams. ‘This article has two objective. Inthe fist place, Iwill review ‘Allimah Majlis writings in order to re-examine the contemporary scholarly views on the question ofthe legitimate temporal political “autborty (mas ‘alah-yi sultanat- mashri’a) in Imami Shi'sm. In dealing with Majlisi, the contemporary Wester scholarship has long set fn eye for a Persian book entiled ‘Ayn al-hayét for his views toward temporal. politcal authority. However, it has so far filed to connect its findings in this regard tothe general theory of Jndmah.the comerstone of bot Imami theology and jurisprudence-and, in particular, its evelopment after the occultation of the last Imam inthe field of political jurisprudence (gh sivas). 1 will attempt to fill this gap by rereading the relevant passages of 4) ‘l-hayat and other relevant passages of Majis's writings. ‘Secondly, I will review the views of "Allimab Majlis ot. the guardianship of the jurist (widyatt fagih) and its parameters. Since the 1979 Islamic Revoluion in Ian and the establishment of the fayii-headed Islamic, Republic there, the issue of the guardianship of the jurists has apparently gained sudden practical importance. While & tendency exists which emphasizes the innovative character in the arguments made by Ayatollih Ruhollah Msavi- ‘homeint (1902-1989) on this subject, its also important to recognize that the matterhas been dealt with by mami scholars ever since the occultation ofthe last Iman in the 9th century, A.D. and that the views expressed by diferent jurists, in part reflet the concrete historical socio-political conditions of the. time in which they lived. In this conte reviewing the viows of ‘Allimah Majlis on this subject will shed some light on the historical development of the doctrine of wilavoti fai in Tram political juisprodence ‘Examining the Views of Allamah Majlist 5 2. The Problematic In the Wester scholarship on Imami Shi‘sm, there are ‘wo distinct views relating to the Imami attitudes toward political authority during the occultation of the infallible Imam (ghaibat-i Indi main. The first view emphasizes the core of the Imami teachings thatthe infallible Imam is the sole legitimate suthorty, both in religious and political matters. From this, it concludes, all de facto temporal political rulers are usuzpers of the authority rightly belonging tothe infallible Imam (ghisibin- wilat-i Iméin-i mast). It does not consider that the situation in this regard has esteatilly changed afer the occultation ofthe Twelth Imam. Among, the scholars who hold this view are, notably, Ann Lambton, sand Norman Calder (Calder, 3-20). For example, Lambton While te conception of the imam as the inmpter aod exeetor ofthe dine law and the tcoeptanc of the bel that the divine Hake was ‘resent in ie howe of “AL provided fr he Possibly of ange the spparetly greter Fexbility of the Shr poston was aso leet when the divine ight bese stitonay wit the Sleapenrnce ofthe last imam in 260873 Since tht te pli asthrity is eld by the Sia to be sped, whether iti exerci By Sunnis of by Shite Legal and just goverment woud 0, hey aliewed, be reestablished tl mame ae wil ‘ere ied in one person Lambion, 240-1). For his part, Calder argues that Imam juristic iterstare of the pre-Qajae period was premised on the principle that, the actual govemnment during the occultation of the Imam is, legitimate ( jticizatim) (Calder 3-5. It should be pointed cout that the thrust of Calder's arguments that the [mami jurists were in pursuit of what he calls accommodation, or6 Journal of Religious Thought ‘modus vivendi, visd-vis de facto powers in spite of their acknowiedged illegitimacy. Yet the fact remains that he is categorically firm on his interpretation that the actual ‘temporal rulers were considered de ure illegitimate. ‘The alternative view, while adhering to the same ‘comerstone of the Imam teachings, sees some flexibility in interpreting the dictum during the occultation ofthe lat Imam. Contrary. to the first groups categorical view onthe impossibility of legitimate temporal political authority in the absence of the infallible Imam, the holders of thi socond view emphasize the following two developments: fist, the unavailability ofthe imam during his oceultation and the vital importance of government for safeguarding the inerests of the Muslim community; and second, the appearance of professing Imami temporal rulers. These new ‘developments, holds the second view, has created anew environment in which a legitimate temporal ruler (sultér-i ‘mashri’) has become a possibilty. This altemative ‘approach to the Imami attudes toward political authority hhas also beon proposed by some Western scholars. For ‘example, Wilferd Madelung hae stated: 1s the all goverment in the abseace of the ‘nam inescapahy legitimate, as has sometines eer mainttined by west schol? Ta the rteace ofthe imams tehsil caliphate was Isceserilyegimate aod unjust (ar, ence i ‘urged thoi psiton and efisod to reogaze thie tig Th oly way forthe eaipsto restaejusice ‘wou Have Bont tam ovr the een to teins In the haya, this is ot posable. A roler or goverment ts does uot wp the poon of tbe fam if hoor it secognins he lint soveriaty ofthe imam, pepe io dliver the rl to in 08 Ii. appesrance ad ies to govem in tecordarce vith the wl of the mums embodied i I Ins Madling 17), “Examining the Views of ‘Allémah Majlist 1 ‘While seemingly much more nuanced in interpreting the implication ofthe abtence of the infallible Imam, Madelung, has alo added that the Imami jurists have “filed to develop this rodimentary concspt into a clear-cut, practicable doctrine of just and. legitimate goverment in the absence of the imam” (bid, 170-1). On this point, however, Abdulaziz Abdulhustein Sachedina has argued that we must bear in mind that these Imam jurists wore witing under rather precarious political conditions. He states: In the Imanite jrisredencs, the chapters on maki, mare paisa owe eating ts ely sf woking for te calpal sutoriy, sem to hare teen wien undertone, because ti inthe shapers tht the Inunite docs we unet prewre 1 nce, however ambiguously, thir ‘pinion shout inane palisal aubory drag he (rataton, tilde in desovering their ‘lit epision ooh question ofthe egy of Inmmite temporal aul) in the Pood of (rotaton ta a elt ones opinions among, Wessm scl regadig the unsigheausess of fay govemmett pending the rem of the wel Inna ching, 9, Now, while one must be careful not to over-schematize the differences described above, it seems worthwhile re- ‘examining the writings of'Allimah Majlis in light ofthis alternative view. 3. The Life and Works of Muhammad Bair Majlis ‘Mulla Muhammad Bigir al-Msjist was bor into a istnguished clerical family in the Safavid capital Isfahan in 1037/1627 during the last years ofthe eign of Shth “Abbas the Great (4. 1629), He grew up during the reigns of Shah Safi (¢. 1629-1642) and Shah "Abbas TI (t. 1612-8 Journal of Religious Thought 1666), the period knowm for the flourishing ofthe fit philosophical school in the Persian capital. Among those Sulamé’ who were favoced by Shah Abbas I was his own father, Mulla Muhammad Tsgi Mallsi (4. 1070/1659). 1. was apparently during the final years of Shih Abbis I's reign thatthe younger Misi desided to shun the dominant infant approach end devote himself instead to collecting a massive numberof hadihe which eventually was published under the tile Bikér al-amdr. During the same period, Majlist also took up wating a series of books in the Persian language in which he quoted numerous hdeihs in an effort to propagate the cental Imam teschings among the mass of the people. Thus, it was also during the reign of Shih “AbbIs I~ in 1074-/1664~ that Majlst composed his renowned ‘dyn al-hayi, a 600-page commentary on & testament given by the Prophet to Aba Dhar al-Chatii ‘The practical impact of Mella Majlis, however, bogaa to be felt much later, that is, during the reign of Shih Sulaymn (¢. 1666-1694). In 1090/1679 (or 1098/1687, the Shah appointed him Shaikh al-[lém of Isfehn, the office fof the highest religious authority and 2 source of great practical influence over the Shih himself as well asthe ‘administration of his empire. twas during this period that, Mulla Majlsi began his campsign against the Sufs the “ifn ‘lama’, the Sunnis and non-Muslim minorities. His political prominence was about to peak in 1106/1694 when he was asked to administer the coronation ceremony ofthe young Shih Suiti-Hlusayn who had came under the influence of his teacher, te Shaikh al-Islam, in his harem. Until his death in 1110/1699, Mulla Majlis was said to be {he most powerful political figure jn the Capital. In addition to the encyclopedic Bihdral-ammdr, Malis has writen his commentaries on two of the four early canonical hadith collections: al-Kafi of Mubammad al- Kelaint (4, 328/939) and Tahdhib al-ahkam of Shaikh Examining the Views of “Allamah Mallist 9 ‘Muhammad al-Tist, leo knowm as Shaikh al-TAitah(@, 460/1067). As for his views on the doctrine of Imamah, one ‘would like to consult the as-yet unedited volume 3 of his Persian work, Haydt alsgulib, in addition tothe relevant sections of his inescapably important Bihéral-amsdr and ‘90 hadith commentaries, 4."Allimah Majlis views on Temporal Political ‘Authority The sections of '4ym alhaydt ia which Majlist has pondered on the rulers (oldtn) and thee justice Cad) nd injustice (Jawr) ave long caught the attention of the scholars writing inthe Westem languages and bave also been the almost singular sours fr identifying his politcal views! (Maile, 135: 487-508)? line with the fst view inthe above onthe Imam atitudes toward temporal politcal authority, the dominant interpretation nthe West doesnot consider that Majist was breaking new grouod ven he preached the need to pay respect for the ighs ofthe ings (hugigr pdashdhdr) Thus, Abdul- Hal Fa tts: ne of Miss fundamental teachings is that ‘te Shi should ave fil eapet forthe es. He rmgataly nam tat anyone "who despises the inp wil ser ataseren he ay atone wo oe ot obey the Kings, ns et ait obeyed Go THe sl reminds hs audence tht Meher of the Kings and thowe of all and ae inthe tans of Gadi one mast fave regard forall ranma kings td other oppressor, tnd itis ven compulsory © reise dasimulaton before them, to peveat [onsel) fom tir hare, and not To expose [ones tothe wath i, 1087, For her pact, in reviewing the relevant sections of 4ym al-haydt, Lambion states, "Mahammad Baqir Majlis, while10 Journal of Religious Thought Examining the Views of ‘Allémah Majlist u ‘accepting the existence of kingship, makes no attempt to validate it (Lambion, 283)" and eoncludes Malis mado n0 ral advance on th work of sacar wir. He resnpites, ike oes bloe Bi the necessity of coneive power and permits eo- ‘opcation wih temporal rues wih witout the Pracice of tau, Like many writers before bi, od Sin and SH, he dt to iurdpendence of elgion ard kingship: bat by pemiting the ever to co-operate wit an waft goverment ‘wl pectsig fg enables hm to avid any responsibly for is scons and canoaises the Sreponsity of govenment. Boi inthe return af the imam reed the expectation of bleers 10 the fire and svn fon tho preset The tr king ves the Hidden Ina but here wasn nation of When ‘be would retem dake up his power. [Mecawle the reign of supe was tobe endured ‘nti echt abe woul tun (td, 286). is, however, possible to read the same passages of 4yr1 al-hayat according to the alternative view on the Imimi atiudes toward temporal political authority a expressed by Madelung. Although, to my knowledge, he has not used Majlis's works to demonstrate his thesis, the three conditions Medelung has cited to qualify as a legitimate political ruler during the occultation ofthe infallible Imam fare readily applicable here. Again, in is interpretation, a ruler or government can be considered legitimate, if(1) he or itrecognizes the ultimate sovereignty ofthe Imam, (2) is prepared to deliver the ruleto him on his appearance, and (@) ties to gover in aceordance with the will of the Imams 88 embodied in Imam law. Similac conditions have been formulated by a ‘contemporary Shi'i religious scholar, According to Mohsen Kadivar, the conditions for qualifying 25 “legitimate political ruler" (culzan-i mashr’) areas follows: (0) being Mastin: 2) beng ¢ fllower ofthe sthoiy of the progny af Propet Maan (Gott bth war ah bay) posessing might fd cspacly hour a ir) necessary foe ‘managing a Isimic kinglom nd. defending Most. ogins the outsides; (2) having ermal respct forthe Islands lw (eowdhied shar ré Imuaram icra), and (5) being courteous to religious scholar and oflcally acknowledging the hort of the joss in shar masters (wpa Sogn dar sharia (Kader 9), In the section of ym al-haydt entitled “the elucidation on the modality of association with the holders of commanding authority (baydn-i kaifiatsi mu'ésharat-i arbi hul),” Majlst declares. that God has given each person in the world a portion of sovereignty (eltamat) Kings have sovereignty over their subjects, he states, just as parents over ther children and each person over his senses and body parts. He then states that there is no one inthe ‘world who does not possess some portion of authority and re (ilar va hukimat) (Majlesi, 1333: 491-2) With regard to the kings, in particular, he states the following in the beginning of the section entitled “on the rights of ‘kings, heeding them, praying for their moral probity, and not disputing their authority (satwat):” Know tit Kings who follow the te religion dave many sighs upon the subjects (ean kh Dar dnt hagy Bishan shar Bar aya hg ‘spr at), fo the kngs guard and defend then sd repel the enemies of religion fom tem. Kings [serve and protect ter elgg, If propery, and Boor Henee people init pray for em end cogsize thir Fights special when ty act with Sse i 86).12 Journal of Religious Thought Examining the Views of ‘Allamah Majlist B “The above passage is one of the clear indications that ‘Majlis believed that holders of temporal political autherty, such at Safavid. shahs, could be legitimate. If these professing Imami kings are illegitimate (ghair-i mash, cone has to wonder how they could be argued as having “legitimate rights” (hupig) over their subjects? This interpretation is confirmed by Mohsen Kadivar who further cites some indications to this effect from Majliss Bi al ‘anwar (Kadivat, 64-5). "Now, given the above passage one might be tempted to auld to the lists ofthe conditions fora legitimate temporal ruler one additional condition, that is, being. just did) However, it must be clearly recognized that being legitimate and being just isnot one and the same thing. One ‘must remember thatthe key erterion for judging whether a ‘temporal ruler is legitimate or not is whether he has usurped the authority of the Hidden Imam. On this point, Majlis explicily states: 1 lied that he Commande ofthe Fit (AS) si, “Be on_ guard fo ou religion agaist = possessor of Kinghip who imagines tht obeying im is obeying God and disobeying him is diuobeying God His ng, or bee inthe ist of wshing bu disbeience toward i Crestor, anit EE sot acne to obey someone who Siaebeys God. Okeienoe i only mandatory toward God, the Messenger, and thos in aor al ta) who roth nile es (Unde nn) D467). ‘his passage clearly indicates that, in Malls belie, Kings could possess sovereign authority (sultanat) only in nonreligious, secular (‘urf) maters. Therefore, no temporal political auhocty could inskinge on the divine authority of the infallible Imam. The important point for us Js, however, that this does not make it impossible fora professing king to be a legitimate temporal rer, nonetheless if only during the occultation ofthe infallible Imam, 5 "Allimah Majlis views on Wiiyat4Fagih Tn the passages cited” above, Majlis clearly ‘ireumseibed the authority of temporal. oles within the limits of wfi mates and appears to be content with the de fact and de jac division of athorty between the kings and jst Gaga), Thats, the temporal rulers ae responsible for Keeping the bodes secure and meintaining order inthe Kingdom, wile the fagahd’ exercise their religious leadership and authori. By the ime of Allimah Malis, the sucessve Imam jurists had developed thelist of shar, ct ish, matters tat come unde thet authority (wld). One of such contemporary formulations cite the flowing 1. Issuing juridical opinions and. propagating divine condinances (twa tablightahkdne! shar; 2. Being the ultimate authority in enjoining good and feeding ev (mardi maha’ yi am bib maria aly az marker 3. Lealing Friday and collective prayers (igdmaleyt Juma wa ami’); “Handing down uridical judgment and executing legal punishment (gidawat wa lawdsimeé im az gabil- rd ‘hd wa tain) 5. Collecting the legally collectable alms (jam'dvariyi iligsehdeyt shar; 6. Administering public. endowments and being the gamrdian of those without guardian (drat augaft “anm wa srparat afr bsarparast) (id 58) ‘Wihile that Majlis was among those jurists who upheld the poston ofthe guardianship ofthe jurists in shar? imate ean be known from his commeatary on the ofcited hadith of tim Sidiq nated by ‘Umar b, Hanalah14 Journal of Religious Thought ‘which appears in Mire al-ugi, his commentary on al- Kolaint's al-K@ft(pp:221-7))the following citation of a hadith of the Prophet which appears inhi ‘Ayn al-hayde ‘may be an indication that Majlis considered sanctioned the ‘du jure division between the king and the jurists: The Messenger (AS) bas been quoted by 2 telale chan of nazatos as saying” if hep ce ‘pright and. worthy, my community wil be uit 1 they are comp my commun wl so become ‘ums. He was asked, "Oh Messenger of God, vo se they” He replied, "Tey arr (gah) ad omamanders (omar) (Male, 332: 992)" ‘A farther question remains, however. Was Malis in tagiyah when he stated the above and was his true heart with the government by fagih? For, not only is he considered a supporter of wiléva-fagihin shar’ mater, Ihe was also an exemplary who actully exercised strong jumidical wildyah in is capacity asthe powerful Shaikh al- Islém under the reigns of Shihs Sulsymin and ‘SultinTusayn, Was he very close to declare the goverament by jurists? (On this question, the same commentary on the hadith narrated. by ‘Umar b. Hanzalah in his Mirae algal is insightful. There, writing in Arabic, he probably fet less Pressure, if any, toward concealing his tue viewpoints In. his rather long. word-by-word elucidation ofthe hah, he ‘comments on the meaning of the term hdkim in the key Sentence of the hadith “I have appointed him hakim over you (fa-innt gad joaltchu ‘ala-hum hakiman).” While he ‘makes reference to possible different interpretations, he is quite firm in declaring thatthe explicit meaning of the featence is that Imim Sédiq appointed the ‘alin among the Shah tothe position of judge (al-qde) to whom the people Examining the Views of ‘Allamah Majlist Is sare obliged to take thir case for shar’ judgment (Majlest, 1368: pp. 223-4) 6.Conclusion I have examined the views of “Allimsh Majlist on legitimate temporal authority and the guardianship ofthe jurist. In the above, [have submitted that‘Allamah Majlst believed the possibility of a legitimate temporal political ruler during the period of the occultation ofthe infalible Imam. Thave also suggested that Majlis also considered the de facto division between the temporal political rler (he king) and the Imam jurists sanctioned, thereby making the de facto division ade jure one as well. In concluding, it seems intportant to emphasize thatthe views of “Allamah Majlst reviewed in the above were ‘apparent reflections of the time and historical environment in which he lived, ‘The de fact and de jure separation of religious and political authority was practicable only as Tong as a legitimate temporal ruler was considered a ral possibilty. Theological arguments may last long once they are formulated; juridical arguments, by contrast, may find themselves much more malleable according to the changing socio-political circumstances. It is in this sense that these ‘views of “Allamah Majist constitute part ofthe dynamic processes of the development of Shi’! political jurisprudence. Notes ‘The eriginal ves of earl was presented atthe Intemational Congress Commenoratog ‘Alina Malis, bald in [sian Tan, em 19 end 20 Janiry, 2000 under the tle Sulina Masi‘ah wa Wilt fgh sz Dipl Mast” thane the. Clute dInamlc Relations Organization of the IR or ening ‘neo potas inte suid Congest [Wheres the of-ited sutor Sayyid “Abd abHusayn Khdtan- ‘sei repors at the sppointmen was made in 1098, asl Joes16 Journal of Religious Taovght ‘lies in ir reoowned book the year 1090 fom Sayld Namath Sadi, See ie Dir wa Spt dor Darah Sao (Qom:Anses, 1310), 9.97. 2 The passages have been wanted iso English by William Chick under th tite "e tid spring onthe explication ofa fw of the station of riers and commander on seocating wit them and (thi justize ed injustice” Soe "Two Seventeenth Canary Pein ‘iacts on Kingip and Rules," inAuhorip and Poi! Cale i ‘Shlom, ed Sad Anis Asjmand (Albay? SUNY Pres, 988, pp. 257-303. Se also long tation from the sections conceaed fa Lambton: Ste and Goverinat, pp. 243-86. A now eden has rece, been published in Qom, which hi suor as ean an at doesnot caret have a copy st hand, ey i ne an uty of hh (be doctn of aabpof the jars tht ig th of af hse dvd yA Roh na Biblography 1+ Calder, Norm, (1982), “Accommedaton and Revolution ia Tinant Shy Fursprodence:Khoniat and Clasial Train” Mile Bat Sues, 181. 2 Tl, Abdel. -Had), “Males, Mohamad Bige’, rolopoedia lam 09 edton, Vo. 5 & Kadir, Mohsen, (1376, Nasarvah- fs yf Doula dr Fight ‘Siok Tehran, Nasr Nei 4 Lamon, K. 8, (198), Site and Government n Medea lam, London, Oxdrd Universi Press. 5° Madelung, Wile, (1982), * Autory ia Twelve his inte ‘Absence of Ina’, Sa Le nation awrite aw Moyen Age, 68.6 [Malis Pas, Poses Univers de France, © Malls, Mobsmmad Béger(1333,nol- hoy, Tehn: ‘itbfrast 9 Mast ‘Tt. 7. Males, Mohan Blger,(1392 AH, Bihiro- nw, 110 Voi, ‘Teh, 3 Malt, Mohamed Bg (1363), Mr -Ul, Teean: Dic a- Kot a linyah, Vo 9» Sched, Abalns Abdubusein, (1988), The Jet Rader in Site lam: he Conprcensive Auborty ofthe Het in inane Jerspadence, Nw Yok, Onford University Pres.