The problem of “Velayat-e faqeeh” in the Islamic Republic of Iran

Abstract

The idea of giving faqih (Islamic jurist) state governance authority was put forward by Iranian theologians. Following this, theories concerninggovernment in the Islamic republic began to appear on the pages of Ruhollah Khomeini’s book.Khomeini, based on the idea that “Islam is not merely adhering to the conventional norms of the Islamic Sharia”, summoned fuqaha (Islamic jurists) to actively intervene in the political process in the country.
In the creation process of Islamic government bodies, Islamic teachings and consistency of those government bodies with decrees of the Quran were in the first place. This, in itself, was pre-venting the establishment of democratic governing bodies in the country, and meant centralizing the functions of the system of governmentunder domination of the faqihs. The concept of “velayat-e faqeeh” was the theoretical basis of the government and was defining the legislative, executive and legal essence as well as activity of the state bodies.
The legal nature of the “velayat-e faqeeh” was explained, in a broad sense, as the supreme au-thority of the Islamic jurist by Shiah Islam. That is to say, religious government, constitutinga basis for the doctrine of “velayat-e faqeeh” with custodianship over people, represents both religious and secular authority.