The Wilayah al-Faqih System’s Superiority over Other Systems

By: Ayatullah Professor Muhammad Taqi Misbah Yazdi
In current systems in the world measures have been taken to save the country from a crisis as a result of interference in one another’s affairs, but none of these measures or solutions is sufficient, and the problem or difficulty remains as before. However, in the wilayah al-faqih system—which is unfortunately presented as reactionary by some biased writers—such situations have been taken into account. Whenever the country faces a crisis, he guides the nation, solves the crisis with prudence and astuteness, and does not allow the country to plunge into perdition.
Like other countries, we also have executive power headed by the president and judicial and legislative powers which are separate from each other. But they are powers of the same system and join together on top of the political pyramid. All these powers converge at one point. The central and main point of the system at the top of the pyramid is the wali al-faqih who unifies all the powers and brings them together.
In contrast to other systems which either do not have the coordinating agency or unifying factor, or if there is any it is very weak and feeble, in the wilayah al-faqih system the three powers are under the leadership and supervision of the focal point of the system, viz. the wali al-faqih. He is also the protector of the Constitution. He sees to it that Islamic laws, values, objectives and ideals of the Revolution are not violated. He also serves as the coordinating agency between the three powers, inviting all to camaraderie, unity, amity, and understanding. If the country happens to face any serious tensions, he eases them and saves the country from the brink of disaster.
In the course of more than twenty years after the victory of the Islamic Revolution,[46] whether during the time of the eminent Imam (q) or that of the Supreme Leader (may Allah prolong his sublime presence), in numerous cases the country experienced intense crises caused by particular disputes and tensions that willy-nilly happened in society. If it were not because of the sagacious management of the Leader, our country would have succumbed to crises that countries like Turkey, Pakistan, Bangladesh, and Afghanistan are experiencing today. Fortunately, by the grace of the presence of this holy personality and position, and the love and affectionate relationship between him and the people, such crises were undermined.
By comparing the Islamic system of our country to the democratic systems in the world that are presently known as the most advanced government systems, it is worth enumerating the distinctions of the Islamic systems:

1. Internal cohesion
The first distinction of our system is its internal cohesion. We have shown a sample of the internal contradictions of those systems, saying that no power is supposed to interfere in another’s affairs but in actuality we do not know of any system in which the three powers are totally independent and do not interfere in one another’s affairs, and in which the law has not sanctioned a certain extent of interference in one another’s affairs, not to mention the illegal interferences, violations and pressures exerted by one power over another.
We can actually observe one branch of the government enjoying authority and exerting pressure on others. Once the military and disciplinary forces, economic and financial means, and the budget of a nation are at the disposal of the executive, in practice all instruments of pressure are at its disposal, and whenever the chief executive wants, he can abuse his power.
So, a sort of internal contradiction can be observed in the democratic systems in the world. In our system, however, that contradiction does not exist in spite of the fact that the three powers are separate from one another and each of them has independent discretions. It is because in our system there is the coordinating and unifying element called the wali al-faqih who, by virtue of his authority over the three branches of government, coordinates and brings them together.
As the pivot of the system, he prevents the emergence of any crisis. We have even witnessed how in many instances the Supreme Leader has prevented the emergence of tension among officials of the three powers. Whenever there was a crisis, the chief executive officially asked him to solve it by exercising the power vested in him, which he did. The wali al-faqih is directly not the head of any of the three powers but he designates the head of each of these powers and in the expression of the constitution, he confirms [tanfidh] the vote of the people. By virtue of his confirmation or designation, the position and function of each of the heads of the three powers acquire legitimacy and official status.

2. Internal and external executive guarantee
The second distinction of our system is the internal and external executive guarantee that exists in the people. This internal executive guarantee arises from the sense of religious responsibility in observing laws and ordinances of this Islamic state. Such an internal guarantee or control does not exist in other systems. In almost all other systems laws are imposed upon the people by force and violence. Whenever people sense more freedom and less control over them, they avoid being subjected to the laws.
It can be heard frequently that some people talk about the observance of law and order in European countries. They claim, for instance, that in Western or European countries the people spontaneously and instinctively act upon laws and ordinances and pay taxes. This outward discipline and order is due to an advanced system of control which compels people to observe laws and pay taxes. Because of it, only a few can violate laws.
The system of tax collection there, because of many centuries of experience especially in the last half century has a complex, yet accurate, mechanism. On this basis, taxes are collected from people in different ways and the masses willingly pay their taxes. However, by collaborating with national officials and establishing connection with power-holders, giant companies are trying to evade paying taxes.
At this point, I deem it necessary to tell those who are infatuated with the West that their talk about order, discipline and high-level culture is nothing but empty rhetoric and far from the truth. For example, it is claimed that in Western countries drivers observe traffic rules faithfully and maintain exemplary order and discipline. This claim is not true. I will mention an instance that refutes this claim.
I was invited to deliver a speech at the University of Philadelphia in the United States. In order to see the cities and towns along the way, I took a car from New York to Philadelphia. Along the way, I noticed that the car driver used to place a devise in front and remove it after a while. He repeated it many times. This incited my sense of curiosity and I asked him about the utility of the devise.
He said that in America the speed limit was 90 miles per hour. In order to detect any violation the police had installed radar along the highways. Since the traffic and speed of vehicles is monitored by radar the devise in question is used to undermine it. This devise can easily be sold and bought in the market. Knowing this, policemen are stationed along the highways to stop and fine drivers who, by using the devise undermine the police radar, and drive beyond the speed limit. As such, by installing the said devise they can drive at whatever speed they like. Whenever they approach a policeman, they hide it, and install it again afterwards!
You can see that in order to circumvent the rules and render futile the law-enforcers’ monitoring devise, they invented a counter-devise which was sold abundantly in the open market. Yet, we imagine that the Americans have such a progressive culture that they willingly and cheerfully obey ordinances and maintain order and discipline. Criminal cases reportedly happening there everyday have a long story. An acquaintance who returned to Iran after many years of residence in America said that there was no high school in America without armed policemen. Yet, every now and then we witness killing in those schools. For example, an armed student recently shot his classmates and teacher, killing them! This is an example of order and discipline in that country!
The main factor that prompts people in the West to abide by law is an external factor—fear of fine, imprisonment or physical punishment. If they were not only afraid of this deterrence and could render ineffective the monitoring devise of law-enforcers, most of them would not hesitate to violate laws. In the Islamic system, however, apart from this external deterring factor which exists, there is a more important factor which if cultivated among people has great potential to solve social problems. It is the internal deterrence which makes people obey ordinances and laws.
This factor stems from faith in the necessity of abiding by laws and ordinances of the Islamic state. In reality, people regard obedience to laws as part of their religious duties. If the Islamic system or state had not established and the Imam as leader and source of emulation [marjaâ€ک at-taqlid] had not declare obedience to laws of the Islamic state as religiously obligatory, people would have obeyed the laws only in order to be immune from physical punishment or fine.
Nowadays, in obedience to the wali al-amr al-muslimin the religious and revolutionary people of Iran act upon the laws and ordinances of the state although, in certain cases, they know that those laws are not in their favor. This internal executive guarantee which stems from the faith of people and is a very important and valuable factor in persuading people to abide by the laws exists in our society and we do not fully comprehend its value.
This factor makes people consider laws of the Islamic state as laws of God and obeying them as pleasing to Him, and thus, having a sense of religious and divine responsibility they follow them and regard their violation a sin. Of course, we do not deny that there are also cases of law violation in our system but compared to the cases of obedience to laws these violations are insignificant. If the percentage of violations was greater than that of obedience, there could no longer be progress and the system would disintegrate.

3. The Leader possessing the highest degree of piety and merit
The third distinction of our system in comparison to other systems is that the Supreme Leader must possess the highest level of piety, moral integrity, and personal standing because he is the deputy of the Prophet (s) and the Imam of the Time (â€کa). The people recognize him as the manifestation and embodiment of the personality of the Imam of the Time (â€کa). As such, they also extend to him their love and affection for the Prophet (s) and the Imam of the Time (may Allah, the Exalted, expedite his glorious advent).
If the Supreme Leader, who holds the highest post and exercises all political powers, commits a violation or sin that leads to debauchery and injustice, he shall be automatically dismissed from the station of wilayah over the Muslims, and there will be no need for a court hearing or trial to prove the offense, just dismissal. The fact that he commits an offense, God forbid, makes him lose his justice and stand dismissed. The only function of the Assembly of Experts is to declare his incompetence because his dismissal results from his losing his sense of justice!
There is no political system in the world in which the high-ranking officials have the moral integrity that the Leader in our system has. In fact, the leaders of some countries are openly involved in moral corruption and sin. For instance, in the U.S. of America, one of the so-called greatest, civilized and progressive countries of the world, the president was accused of moral and sexual corruption.[47] Certain witnesses bore testimony to his debauchery and offense and he himself made a confession. However, when the issue of his impeachment was brought up in Congress and then moved to the Senate, a majority of Senators acquitted him of the charge.
Thus, he remained in power as president until the end of his term and no problem emerged thereafter.[48] All people of the world knew that he committed adultery and perjury but due to the political collaboration of some Senators the required number of votes to impeach the president was not reached, and that embodiment of moral corruption remained in his position! There are many similar cases about senior officials who openly violated their own laws and were even convicted in a court, but remained in their posts thanks to their political connections. They have also been elected for another term sometimes.
According to Islam if the Leader lacks even a single qualification and commits an offense, he is dismissed from his post because by committing a major sin he falls from justice and becomes a transgressor. Hence, he is not competent to lead the Muslims. There is no more need for any trial or the vote of the Assembly of Experts to prove his offense. No system in the world has shown such severity with respect to national officials, especially the highest official, i.e. the Leader.

4. Observance of the spiritual and real interests of human beings
Finally, one of the most important distinctions of our system is the observance of the real interests of human beings. As Muslims we believe that God knows best the interests of human beings, and we want those interests to be realized in society. This important pursuit cannot succeed except by acting upon religious laws and decrees. On this earth, it is only the Islamic Republic of Iran whose constitution (Article 4) has stipulated that all current laws and ordinances of the country should be ratified and implemented on the basis of Islamic standards. If a law or ratified bill is against the general principles of religion, it is of no legal value. Therefore, the only country whose laws guarantee the real interests of human beings is our country.
Everybody knows that this system achieved and accomplished its goals because of the sacrifices of our people and the blood of martyrs especially that of the Tir 7 martyrs.[49] By sacrificing their lives and offering their valuable blood to the Revolution, they gave us honor, nobility and lofty values. We must be vigilant not to ungratefully lose those values. Today, hands are at work to besmirch the essence of Islam, wilayah al-faqih, the system, and the Islamic principles because these values are like thorns in their flesh. They have been trying their best to destroy them, and render them a blow, using all their ability, skill and artfulness.
Sometimes, they question the essence of Islam and Islamic laws in their speeches and newspapers with wide circulation, saying: “Today, it is no longer the time for us to talk about wajib and haram. We have to set the people free to decide for themselves and elect what they like!â€‌ They also dare to insult wilayah al-faqih. Had the high cultural officials not been highly tolerant, they would be legally prosecuted and punished. But these officials are not taking necessary action.
It is here that as revolutionary Muslims and followers of the Imam and the Supreme Leader, we have the duty to identify these impudent and insolent elements and not allow the sacred religion of Islam, Shiâ€کism and values that are the means of our felicity in this world and the next to be sold at a meager and miserable price in the trade fair of deceitful politicians and identity-less culture effacers, and this would bring nothing to us but ignominy, disgrace and the curse of God, the Apostle (s), the angels and the future generations. Let it not be.