Sayyid Ruhollah Musavi Khomeini

Author: Mohammadkazam HghaniFazl

• abstract

Ayatollah Seyyed Ruhollah Musavi Khomeini (in persian: سید روح‌الله موسوی خمینی) (1902-1989), commonly known as Imam Khomeini, was a distinguished jurist (Faqih), scholar in Usul, and a leading teacher of rational sciences. He played a pivotal role as the leader of the Iranian revolutionary movement during the 1960s and 1970s and was the founder of the Islamic Republic of Iran. Due to his significant position as the leader of a religious system, his fatwas and opinions have had a considerable impact on contemporary jurisprudential approaches in Iran. The theory of absolute authority of the jurist, the compatibility of the republic system with Islam, the incorporation of the Islamic system's interests in legal rulings, the emphasis on the role of time and place in ijtihad, permitting gender transition for transgender persons, and establishing consistency in judicial rulings are among his notable contributions in the contemporary jurisprudence. He also supported gender reassignment for transgender individuals and advocated for uniformity in judicial rulings. Although he did not author a specific book or article on contemporary jurisprudence, his views and principles can be explored through his legal texts, fatwas, messages, and speeches.

A brief introduction

Seyyed Ruhollah Musavi Khomeini, known as Imam Khomeini, is a notable Shia religious leader (marja') in the 14th and 15th centuries of the Islamic calendar. He is celebrated as the leader and founder of the Islamic Republic of Iran. With over 25 years of religious authority, he is among the select few marja's who was followed by numerous Shia Muslims around the world.

Significance and position

Seyyed Ruhollah Musavi Khomeini is recognized for his exceptional contributions to the history of Shia jurisprudence. He was among the first generation of scholars at the Qom seminary, having studied under its founder. His lifetime coincided with the emergence of modernity and the constitutional revolution in Iran. Imam Khomeini led a major revolutionary movement and later established a new government based on Shia doctrines. The challenges faced by this newly formed government in a modern context required innovative jurisprudential strategies. Thus, his legal perspectives have had a considerable influence in the years after his death. Even if he had not held a political leadership role, his position as a religious authority (marja') in the modern era compelled him to provide insights on newly-emerged phenomena and their legal rulings. Imam Khomeini firmly believed in the relevance and effectiveness of Islamic jurisprudence in all times. In his response to a letter from one of the scholars of the Qom seminary, he emphasized that certain interpretations of Islamic law could lead to the decline of modern civilization and a regression of people to a life in deserts and huts. He believed that Shia jurisprudence has the capacity to govern the world and cautioned against any interpretation that might suggest Islam's inability to manage the modern society.

Biography

Seyyed Ruhollah Musavi Khomeini was born in 1902 in Khomein. He completed his religious studies in Arak and Qom. His most significant teachers included Abdul Karim Haeri Yazdi in jurisprudence, Mohammad Reza Isfahani Masjed-Shahi in the science of Usul, and Mohammad Ali Shah Abadi in mysticism. He gained recognition as a significant teacher in the seminary from the 1940s and became a notable religious leader (marja') after the death of Seyyed Hossein Tabatabai Borujerdi in the early 1960s. After the death of Ayatollah Borujerdi and beginning of his religious authority, he initiated an open resistance against the ruling monarchy in Iran. Due to these activities, he was exiled to Turkey in 1964 and subsequently to Najaf in Iraq. From 1965 to 1978, he led the opposition against the Pahlavi regime while also engaging in religious leadership and teaching at the seminary in Najaf. In February 1979, after a stay of less than three months in Paris, he returned to Iran. On February 11 of the same year, the monarchy in Iran was overthrown, and shortly thereafter, the Islamic Republic was established through a referendum. Following the establishment of the Islamic Republic in Iran, he assumed leadership of the system. His prominence increased significantly during this era, with many Shia adherents worldwide choosing to emulate him. He passed away on June 4, 1989, aligning with the 9th of Shawwal, 1409 AH, and was buried after a monumental funeral procession in Tehran attended by ten million people.

Works

Based on the information provided by the Imam Khomeini portal, he has authored or compiled over 80 volumes concerning both analytical jurisprudence and fatwa jurisprudence. However, it is noteworthy that there are no independent works or articles specifically addressing contemporary jurisprudential issues among these works. His views and theories can be traced through his fatwas, messages, governmental directives and speeches. For instance, the theory of the role of time and place in ijtihad was first introduced in a letter to the members of the Expediency Discernment Council and later reiterated in a message to clerics across the nation. Or, the theory of the guardianship of the jurist was elucidated during his advanced lessons (Kharij). Furthermore, the theory asserting the precedence of the powers of the guardianship of the jurist over other primary rulings is explicitly stated in his letter to Ayatollah Seyyed Ali Khamenei.

Views and ideas in the Field of Contemporary Jurisprudence

The role of time and place in ijtihad

Template:Main In various speeches and messages, Imam Khomeini has articulated the importance of time and place in ijtihad. He considered the traditional ijtihad practiced in seminaries to be inadequate and acknowledged that, despite his endorsement of Jafari jurisprudence, time and place are essential components in ijtihad. Nonetheless, his jurisprudential works do not provide detailed explanations on how these two factors may influence ijtihad. In his renowned message known as the Charter of Clergy, he emphasized that a legal issue may not have undergone any apparent change over time, yet a precise understanding of its economic, social and political contexts could transform it into a new subject. To clarify the nature of this influence, a multitude of books, articles, and interviews have been produced by Islamic jurists and researchers. In 1995, a scientific conference was convened on this subject, and the resulting articles were compiled into a 15-volume series titled "The Collection of Articles from the Congress on the Jurisprudential Foundations of Imam Khomeini." See also: the study sources on the role of time and place in ijtihad.

The republic nature of a political system

Template:Main It can be stated that prior to the rise of the Islamic Revolution in December and January of 1978-1979, and the introduction of the concept of an Islamic Republic, none of the Shia scholars explicitly defended the idea of republicanism within the context of a religious government. In his interviews in Paris, Imam Khomeini declared that the system in Iran would be based on republican principles. After his return to Iran and before the nationwide referendum, he affirmed his support for the Islamic Republic.

The absolute authority of the jurist" (Velayat-e Motlaqeye Faqih)

The absolute authority of the jurist is a theory that Imam Khomeini is recognized as its foremost theorist. This principle entails the authority of the jurist to intervene in all social and political matters, even in instances where there exists an initial religious ruling. In his book "Al-Bay' (The Sale)," he he repeatedly asserts that the powers of the jurist are equivalent to those of the Prophet and the Imams. It can be argued that Imam Khomeini's most explicit statements on this subject are found in his letter to Ayatollah Seyyed Ali Khamenei. In this letter, Imam Khomeini clarifies that the authority of the jurist is not confined to the boundaries of initial rulings, asserting that the scope of the jurist's authority is as extensive as that of the Messenger of God. The author of the article on the process of the secularization of Shia jurisprudence considers this theory to be one of the most significant foundational elements of modern state thought. From this perspective, the influence of this theory on contemporary jurisprudence becomes evident.

The precedence of the interests of the Islamic system over primary rulings

One of the most critical legal opinions of Imam Khomeini is the assertion that the interests of the Islamic system take precedence over other fundamental religious laws. The challenges faced by legislative bodies in the early years of the Islamic Republic set the stage for Imam Khomeini to present this theory. This viewpoint maintains that when the interests of the Islamic government call for the enactment of a specific law that is at odds with primary religious principles, the interests of the system are to be prioritized. The government is obliged to adhere to that law as long as the necessity remains, and once the necessity is resolved, it must revert to the implementation of primary religious rulings. To resolve the potential conflicts between the Islamic Consultative Assembly (Iranian parliament) and the Guardian Council, which is responsible for ensuring that laws comply with Islamic principles, Imam Khomeini, allowed, for the first time, that if a law passed by the parliament was deemed contrary to Islamic law, it could still be enacted if two-thirds of the legislators deemed it necessary. Subsequently, in February 1988, he established a group known as the Expediency Discernment Council to arbitrate disputes between the parliament and the Guardian Council, granting them the authority to approve measures they deemed expedient, even if they conflicted with fundamental Islamic rulings or the Constitution.

Consistency in judicial rulings

Template:Main According to Shia jurisprudence, discretionary punishments are imposed at the discretion of the Islamic judge, who is a qualified jurist (Mujtahid). During the Islamic Republic, due to a shortage of qualified mujtahid judges, non-jurists have also been permitted to adjudicate, issuing rulings based on statutory laws and, in some instances, according to the opinions of religious scholars. In response to an inquiry from the officials of the judiciary branch then, Imam Khomeini deemed it permissible to maintain consistency in similar cases, as long as there were not fully qualified judges. Given that the Guardian Council insisted on determining discretionary punishments based on the judge's opinion, Imam Khomeini reiterated his approval of uniformity in judicial rulings in a letter to the Judicial Commission of the Iranian parliament, assigning a group to define discretionary punishments.

Legal Addresses

Legal addresses provide a framework for understanding how laws are established and obligations are assigned to those who are bound by them. This issue is discussed in jurisprudential principles, under the topics of opposite and ordering. The theory aims to resolve the complexities associated with conflicting duties. Some scholars suggest that the application of Legal addresses paves the way for addressing society and government as a whole, rather than merely targeting individuals. They claim that such an approach would not have been feasible in the absence of the legal addresses. Furthermore, Davud Feirahi, a researcher in political jurisprudence, believes that legal addresses significantly influence the jurisprudence of governance and contribute to a more democratic interpretation of Islamic Jurisprudence.

The permission for gender transition

Template:Main It seems that Imam Khomeini was the first Shia jurist to issue a fatwa permitting gender transition in the 1960s. In his book "Tahrir al-Wasilah," he outlines several legal considerations regarding the unrestricted allowance of gender change, particularly for individuals who experience challenges in establishing their sexual identity. See also: Study sources on gender transition

Permission for playing chess and the buying and selling musical instruments

In response to a query concerning the game of chess in 1988, Imam Khomeini stated that it is permissible as long as the game is not associated with gambling and players do not intend to win or lose. He deemed the game permissible under the conditions outlined in the question. In the same letter, he also permitted the sale and purchase of musical instruments for lawful purposes. A few days later, he provided additional clarification regarding his ruling in response to a letter from a scholar at the Qom seminary. It is significant to note that many Shia jurists consider chess to be forbidden to play, even without the intention of winning or losing. Following the issuance of this ruling, chess was officially recognized, leading to the establishment of federations and formal competitions.

Study sources

1. A scholarly session on the fundamental innovations of Imam Khomeini held at the Fahim Institute, with presentations by Kazem Ghazizadeh and Abolqasem Moghimi. See the report of the session here.
2. "The Jurisprudential-Political Innovations of Imam Khomeini", Ghodratollah Iffati, Pegah Hawzah journal, issue 255, 2009. The article can be accessed here.
3. "The Jurisprudential Foundations of Imam Khomeini's Specific Opinions", Zahra Govahi, Tehran, Uruj Printing and Publishing Institute, 2003.

References

1. Imam Khomeini Portal.
2. Hajjarian, Saeed, Az Shahid Qudsi Ta Shahid Bazari, Tehran, Tarh-e No, 2001.
3. Khalafkhani, Ali, RaGHebi, Mohammad Ali, Alavi vothuqi, Seyyed Yusef, The Theory of Legal Addresses and Its Role in Social Jurisprudence, Journal of Jurisprudential and Principles Studies, Issue 20, 2020.
4. Imam Khomeini, Seyyed Ruhollah, Tahrir al-Wasila, Institute for the Compilation and Publication of Imam Khomeini's Works, Tehran, 2013.
5. Imam Khomeini, Seyyed Ruhollah, Sahifeh Imam, Institute for the Compilation and Publication of Imam Khomeini's Works, Tehran, 1999.
6. Imam Khomeini, Seyyed Ruhollah, Kitab al-Bay' (The Book of Sale), Institute for the Compilation and Publication of Imam Khomeini's Works, Tehran, 2009.
7. Imam Khomeini, Seyyed Ruhollah, Velayat-e Faqih, Institute for the Compilation and Publication of Imam Khomeini's Works, Tehran, 2015.
8. Feirahi, Davud, Jurisprudence and Politics in Iran: The Transformation of Governance and Islamic Jurisprudence, Tehran, Nashr-e Ney, 2014.