Scholar in the Islamic Seminary of Qom:

Legitimacy of the validation of president’s rulings comes from Wali al-Faqih

Rasa – Hujjat al-Islam Aref Ebrahimi has referred to the legal and juridical aspects of the issue of the validation of the rulings of the president of the Islamic Republic of Iran and said, “The legitimacy of the validation of president’s rulings is due to the Wali al-Faqih.”

News ID: 431388

Date: 02 August 2017 - 16:30

RNA – Hujjat al-Islam Aref Ebrahimi, a researcher and scholar in the Islamic Seminary of Qom, has explored the status of “tanfīdh” or “validation” in Islam and jurisprudence in the following essay.

The Meaning of “Tanfīdh”:

The term “tanfīdh” means:

1. To influence

2. To apply and execute a command

3. To sign and send a verdict or letter

If tanfīdh means “the validation of a sentence,” in the case of an injunction and judgement, it will have an application and a meaning.

Validation in jurisprudence and law means “accreditation to legal action which can be revoked.”

Validation in the Constitution

In article 110 of the constitution of the Islamic Republic of Iran, adopted in the year 1368 AH/1989 CE, the Supreme Leader is responsible for signing a presidential decree, and in paragraph 9 of this article it is written that one of the duties and powers of the Supreme Leader is: “Signing the decree formalizing the election of the President of the Republic by the people. The suitability of candidates for the Presidency of the Republic, with respect to the qualifications specified in the Constitution, must be confirmed before elections take place by the Guardian Council; and, in the case of the first term [of the Presidency], by the Leadership.”

In response to the possible question regarding the use of the word “validation” instead of “signature” in the validation of presidential decrees, it should be said that, semantically and in essence the two words do not differ substantially from each other.

For example, one of the smallest differences from the point of view of Arabic grammar, is that “imḍā,” meaning “signature,” is the infinitive of bāb al-afaʻāl and “tanfīdh” is the infinitive of bāb al-tafaʻīl.

A Review of the Powers and Responsibilities of the Supreme Leader

In article 110 of the Constitution of the Islamic Republic of Iran, the legislators have identified the duties and powers of the person who is the steersman of the leadership of the Islamic Republic of Iran in 11 articles, but the fundamental question is whether the powers of the Walī al-Faqīh (Guardian-Jurisprudent) are limited to the constitution or go beyond it.

In the definition of Wilāyat al-Faqīh [Guardianship of the Jurisprudent), the Supreme Leader of the Islamic Revolution, Ayatullāh Sayyid ‘Ali Khāmene’i, wrote: “Wilāyat al-Faqīh means the rule of the fully qualified mujtahid in the time of the occultation of the Twelfth Imām, Muḥammad al-Mahdī, and is a branch of the wilāyah (guardianship) of the Infallible Imāms which is same as the wilāyah of the Prophet Muḥammad.”

Based on this definition, Wilāyat al-Faqīh is a type of authority which a fully qualified mujtahid is responsible for. This fully qualified ruler has a series of duties from God which are referred to in the books of jurisprudence and also has a series of duties from the perspective of the Iranian constitution which has been written based on Islamic law.

Thus, in addition to the validation of Islamic law, the Walī al-Faqīh must adhere to the constitution which is authentic, accurate and confirmed by Islam and never see himself as beyond and separate from the law.

The late founder of Iran’s Islamic Revolution, Imām Sayyid Rūhullāh Khomayni and Ayatullāh Khāmene'i have repeatedly emphasized on the validation and adherence to the constitution in their statements on various issues.

Although the practice of Islamic law and adherence to the law is duty of every human being, including the Walī al-Faqīh, validation is under the authority of the Leader and no one can compel him to execute or reject a presidential decree. On this basis, the affairs of execution in governance are the authority of the Leader of the Islamic community such that, if this issue is not realized, it is considered a former ruling and/or an issue which is lacking in credibility and legitimacy.

Conflict Between the People’s Choice and Validation

Although the people, with their passionate presence in the presidential elections and the election of the most suitable candidate, elect their president, but without the conditional and explicit validation of the Supreme Leader of the Islamic Republic of Iran, the elected president does not have the authority to hold the executive branch.

Conditional validation occurs before the holding of an election and the objective of this is the selection of six of the jurists of the Guardian Council who perform tasks such as qualifying candidates, monitoring and approving the outcome of the elections regarding the acceptance by the majority of the people.

According to the traditions of the Infallibles and the scholars of Islam, the Leader can inquire through various ways, such as holding a referendum, elections, consulting with scholars and experts and can also inquire from the point of view of the perspective of advisers and sections of the people regarding specific issues. Regarding consultation with others, it is not necessary to obey the statements of the advisors and it is up to the Leader himself to make the appropriate decision whether to act in favour of or against the advisers.

The statements of the people in the government of the Islamic Republic of Iran have a very important role to play such that the context and subject of the validation and appointment of a decree by the president can be secured by the Walī al-Faqīh. Also, the people can vote the president out of power due to a lack of competence, just as the Supreme Court and the Islamic Consultative Assembly can do in the event of a violation of the law by the president.

Revocation of Validation

According to the constitution, validation has a beginning and an end time.

The time of the beginning of the validation is made at the time of the granting of the executed verdict by the Walī al-Faqīh to the elected president and the termination of the executed verdict, in accordance with Article 110 of the constitution, is that in the event of obtaining a lack of competence, the Supreme Court and the Islamic Consultative Assembly have the power to revoke the validation of a verdict and in reality, reinstate the presidential decree.

It is worth noting that the Supreme Leader of the Revolution, by executing a presidential decree, has a supervisory role until the end of the presidential term and in the case of the deviation of the president from the designated principles or if he goes astray from the original and correct Islam, he can be dismissed.

Result

In opposition to the viewpoint of most political science experts, the issue of validation is not a ceremonial issue or a symbolic endorsement, but rather the Supreme Leader of the Islamic Revolution, by relying on the constitution, Islamic jurisprudence and the duties of a fully qualified Walī al-Faqīh, can execute the decree of the elected president or in other words, he can legitimize or reject such decrees.

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