|
 The
role of the supreme religious leader
Question:
Twenty years have passed since the Islamic revolution, but Iranian
society has not yet reached a single interpretation of the form
the Islamic Republic should take. What is your view regarding
the role that the vali-e-faqih [supreme religious leader, currently
Ayatollah Ali Khamenei] should aspire to in the Islamic Republic?
What are the attributes that the vali-e-faqih should have? How
should the supreme leader be chosen? By the Council of Experts
[the 86-member body which elects, supervises and can sack the
supreme leader and can amend the constitution], or by the citizens
themselves?
Montazeri: A
just and stable regime of government is achieved by the people
electing and accepting such a regime.
The purpose of the
concept of vali-e-faqih is for Islamic teachings to be implemented,
either directly or via the supervision of the executive authority
and the other authorities for which the Iranian Constitution provides.
In reality, vali-e-faqih means the faqih supervising the administration
of the country’s affairs and ensuring, via the jurisprudents
on the Guardian Council [a body that supervises elections in Iran
and which is controlled by conservatives], that the laws issued
by parliament are of an Islamic nature.
| “The
[supreme religious leader] has no right to exercise absolute
power.” |
The vali-e-faqih is
elected by the people, his duties and powers are specified in
Article 110 of the Constitution, and the people’s direct
and indirect verdict on him is based on his compliance with the
Constitution and the country’s laws.
In any case, the vali-e-faqih
has no right to exercise absolute power. Article 107 states that
the vali-e-faqih is equal to all citizens before the law, and
that he is not above the law and cannot interfere in all matters,
especially those outside his area of expertise like complex economic
matters, foreign policy, and international relations.
In short, the task
of the vali-e-faqih in the Islamic Republic is only to supervise
the country’s affairs in terms of compliance with Islamic
principles. Those entitled to assume that post must be specialized
and expert in Islamic matters, enjoy the qualities of justice,
capability and wisdom, and not be covetous or greedy. If more
than one jurisprudent is available in whom these qualities are
found, the best and most senior should be chosen.
Supreme religious
leader should be elected
Although some senior
officials believe that the vali-e-faqih is appointed by the infallible
imams, I have disputed this theory in detail... It is certain
that the legitimacy of this post is acquired by popular election.
In reality, there is
a social contract between the people and the vali-e-faqih, and
the Constitution was drafted on that basis. Accordingly, his term
may be limited and temporary, like that of the president or a
member of parliament. And given that the vali-e-faqih is accorded
responsibility by the people, he is not infallible. He must accept
criticism and be responsible for his actions.
Because of his expertise
in jurisprudence and Islamic matters, the direct concerns of the
vali-e-faqih are confined only to supervising the administration
of the country to ensure it is in accordance with Islamic principles,
and ensuring via the Guardian Council that the laws passed by
parliament are of an Islamic nature.
But the amendments
made to Article 110 of the Constitution spell out the tasks and
powers of the vali-e-faqih in detail. That led to all powers coming
under his control, and to the government being stripped of responsibility
for implementing the Constitution and managing the country’s
domestic and foreign policies. This is one of the main problems
of the Constitution.
Limited powers
of the presidency
Article 113 of the
Constitution stipulates that the president of the republic is
responsible for implementing the Constitution and heading the
executive authority, yet the armed forces and police and security
forces are not under his control!! Moreover, the legislative and
judicial authorities are not in harmony with the president of
the republic.
| “How
can the president of the republic perform [his] functions
when there are no forces under his control?” |
Article 121 of the
Constitution stipulates that the president must take an oath to
uphold the Constitution, support that which is right, promote
justice, protect the freedom and inviolability of citizens, back
the people’s rights, and do his utmost to safeguard the country’s
borders and its political, economic and cultural independence.
How can the president
of the republic perform such functions when there are no forces
under his control?
All the dreams and
hopes of society are turned on him, and he receives a flood of
letters, petitions and complaints to which he is answerable. Yet
the armed forces and all the other agencies are under the command
of the [supreme] leader, who considers himself above the law and
unanswerable.
The people elect the
members of parliament and the president directly by voting. As
for selecting religious leaders, citizens choose, purely of their
own accord, one or more individuals as sources of emulation in
religious matters, opting for the most erudite and knowledgeable
of jurisprudents. In this regard, it would be best if the religious
authorities called on three well-known religious scholars from
each major city to consult with them in order to formally appoint
the vali-e-faqih. It might be best to nominate a number of candidates,
one of whom would be appointed for a specified number of years
via a general popular referendum — while senior religious
authorities and the people would have the right to monitor the
actions and behavior of the vali-e-faqih.
On that basis, the
ruling regime would remain under religious authority in terms
of its compliance with Islamic teachings. That would bring an
end to the contradiction between the religious authority and the
vali-e-faqih, and turn the Shiite marja’aiya into a legal
entity as well as retaining its traditional nature.
Islam does not oppose
the idea of separation of powers or of decentralization, because
the accumulation of power in the hands of someone who is not infallible
and is prone to making mistakes is incompatible with reason and
wisdom.
The proper role
of religious officials
| “[Men
of religion should] intervene in affairs of government when
necessity requires.” |
Question: After
the success of the Islamic revolution, the clergy were given every
opportunity to become prominent in society and in the institutions
of government in Iran. Now that the regime has become stable,
what is the right role that clerics should play? Should they have
a strong presence in the organizational structure of the ruling
regime, whether in the legislature, executive or judiciary? Or
should they perform their traditional role as government advisors
and suffice with moral and spiritual supervision and monitoring?
Having tried directly controlling the centers of power in recent
years, do you think the traditional role of the religious scholars
is threatened or changing?
Montazeri: The
main and principal role of men of religion is to provide intellectual
and moral guidance to the people and clarification of the teachings
of Islamic shari’a — to attempt to guide society towards
moral rectitude and to promote social justice. They [should] intervene
in affairs of government when necessity requires. If officials
in the regime do their work properly and apply the law and Islamic
shari’a, there should be no need for the clerics to intervene.
It is worth mentioning
that the clerics who had no experience in [public] administration
and the affairs of government did not achieve success in the posts
which they occupied after the victory of the revolution. Lack
of experience and other reasons, which I will refrain from mentioning
now, led to the weakening of the moral stature of the clergy among
the citizens to a great extent.
Limits on the Guardian
Council
Question: You
were among the authors of the Constitution. Do you believe its
clauses have been implemented? If not, in what areas have the
intentions of those who drafted the Constitution not been fulfilled?
For example, in the past you criticized the Guardian Council for
not abiding by its oversight role and disqualifying from elections
candidates affiliated to the reform movement. Can you provide
further clarification of this issue or similar matters?
Montazeri: The
right of oversight which the Guardian Council uses to reject the
candidacy of advocates of reform or opponents of the regime is
a right which conflicts with the text of the Constitution. The
formation of the special court for clerics is also at variance
with the Constitution.
Iran belongs to all
its people, virtually all of whom participated in the revolution
and have the country’s fate at heart. It is this unity, solidarity
and harmony which led to the victory of the revolution. But now,
regrettably, some have been overcome by a monopolistic and hegemonic
spirit. They strive to expel from the scene honorable elements
who are committed to Islam and the revolution, on the pretext
of defending Islam.
The people must
be consulted
Question:
Religious scholars say that shoura [consultation] is the basis
of the Islamic republican system, but the word shoura has two
different interpretations. Some say shoura is implemented by civic
institutions like the parliament and the presidency when they
consult scholars and jurisprudents. Others believe that even the
vali-e-faqih must consult the people. The question is, which of
these two interpretations is closer to the truth?
Montazeri: The
second interpretation is correct. All officials, even the vali-e-faqih,
must consult with specialists before making their decisions. Shoura
in Islam is not just a norm and a moral issue, but a religious
duty. In the Koran, God commands the Prophet of Islam to consult
with the faithful. Shoura is a prominent attribute of the faithful.
In the Koran, God commanded them to consult among themselves.
House arrest
Question:
What circumstances do you live in under the house arrest imposed
on you?
| “I
am pained and saddened when I see members of martyrs’
families and pioneers of the struggle subjected to torture
because of their support for me.” |
Montazeri: I
have always been interested in reading books and scholarly works,
and I thank God for the opportunity He has given me. I am regretful
because Islamic society refuses to listen to different ideas and
beliefs, because children of the revolution are thrown into jail
every day, and because Islam, the revolution, and the late leader
have been turned into means exploited by some for their own purposes.
I have said repeatedly
that I seek no post, but my religious duty obliges me to say the
truth and to defend the people and the revolution. I will not
shirk from defending the legitimate rights and freedoms of the
people.
I am not dismayed about
the house arrest imposed on me, but I am pained and saddened when
I see members of martyrs’ families and pioneers of the struggle
subjected to torture because of their support for me.
Question:
Do you know when your house arrest will be lifted? If that
happens, what role will you aspire to in future?
Montazeri: I
do not think at all about having my house arrest lifted, but I
do think about the duty I should perform. I am now under house
arrest, so I do my religious duty, I read books, I reply to the
questions directed at me, and I read newspapers and magazines.
If my house arrest is lifted one day, then I will take the decision
appropriate to the time and circumstances.
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