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Trusteeship and Leadership
By: Allamah Sayyid Muhammad Husayn at-Tabataba'i
We human beings have taken up residence on the earth for ages; we procreate and we live out our lives. Due to the fact that we have chosen social life as a requisite of our own nature, we help each other as much as possible, perform collective endeavors, and pile up the fruits of our pooled toils and each of us benefits from them to the extent of their social weight and character.
Of course, such a method cannot come about without the loss of absolute individual freedom. Persons who become part of a community, take up the method of cooperation and collaboration, and amalgamate their choices with the choices of others cannot be completely free and do whatever they desire.
Even so, human life is not possible without a degree of individual autonomy. Human personalities are the substance of the community and society is its form. The human personality relies on individual volitions and passions and with their dissipation it would surely be destroyed. In consequence, the cornerstone of the society—any type of society imaginable—would be eradicated and its pillars would fall to ruin.
Individual autonomy
While every human being lives in a social fold—advanced or savage—they each use their intellect in their individual endeavors and make suitable choices through their personal volition.
However, it is common for the individual personality, which manages life using its intellect and volition, to become incapable so that it cannot carry the burden of life to its destination self-reliantly—such as among people with dementia or those with less than adequate understanding and volition. Naturally, others must manage the lives of such persons.
Moreover, the same holds for infants and children until they reach maturity. Others, meaning their elders, must manage their livelihoods and gradually draw them level with mature men and women through education and edification.
Also, in every human society there may be some advantages and benefits that are not under the charge of specific persons and naturally do not have a custodian, such as general mortmain [awqāf-e ‘āmmah] and similar issues.
Above all this is safeguarding and supporting the society that has come into being from a collective of human beings. Because no imaginable society can continue to exist without a series of rules and norms that all or the majority of the people follow, respect, and sanctify. For instance, if in a transaction between two people neither the buyer nor seller is bound by the effects and conditions of the transaction, no sane person would be found performing such a deal.
Equally, there are innumerable other issues with which social humankind organizes its livelihood and regarding these, all or a majority of the society must acknowledge a set of rules and regulations, and sanction their validity. Thus, no society may continue its existence without a series of norms, rules, traditions, and regulations.
Accordingly, having only a series of norms and regulations can never be enough for the continuance of a society because as it has been shown no two humans are similar in their existential constitution—hence, in their intellect, volition, and methods.
Therefore, even though human individuals may be united in their general thoughts, they are unquestionably at variance in details and would surely not make the same choices. As a result of this certain dissimilitude, at the first step each person tends to rush in a different direction bringing about the collapse of common laws and norms.
In addition, as far as the history of human life shows and observation of various human societies with varying methods of government confirms, survival of every society requires an individual or an office whose intellect and volition governs and controls the intellects and volitions of the citizenry and guards and supports the governmental system that has been implemented in the society.
These conditions are manifest in all societies without exception. Humankind, with its God-given make-up [fitrah], is not ignorant of them and does not remain inactive. Willing or unwilling, the people of each society elect an individual or office to oversee them and administrate their affairs.
They ask their chosen—just as a guardian that is the custodian of an orphan, the head of the family, and responsible for managing the affairs of the young family members—to rule over the people as a king or president.
We name this office, according to which an individual or office becomes in charge of the affairs of others and manages their lives, like a real individual, trusteeship [wilāyat]. It has almost the same meaning that we understand from the words leadership and guardianship.
This is the meaning that is addressed in this discourse and the opinion of the holy religion of Islam will be explicated regarding this matter. However, this matter will be discussed from the viewpoint of the social philosophy of Islam, not in the method of Islamic jurisprudential discussion specific to Shī‘ah jurisprudence.
Those, who are well-versed in Shī‘ah jurisprudence will see that the methods of reasoning in this discourse are significantly different from jurisprudential ratiocination in canon laws [ahkām-e shar‘].
Domain of trusteeship and leadership
As we have explained, the domain of trusteeship [wilāyat] consists of a series of necessary affairs that are not specific to a certain individual in the society and that of which no person is normally in charge.
This can be instances where the “proprietor” does not have the ability to manage its affairs—such as charge of the assets of orphans and affairs of the mentally ill, the interdicted, and similar cases—or where the matter is not essentially related to a specific individual, such as general social affairs related to government (public goods); in other words, the type of affairs that are forsaken due to having no one in charge but are necessary and cannot be set aside.
As we have explained, no previous or present human society, advanced or savage, great or small, was ever ignorant of such affairs. Every society endeavors upon this matter in proportion with its situation and establishes wilāyat and leadership. This is the best testimony to the fact that the issue of wilāyat is spiritually innate.
All human beings understand through their God-given fitrah that for every necessary thing that does not have a commissioner, a supervisor must be chosen.
Also, Islam, which is a natural [fitrī] religion and its laws and precepts are based upon creation, has not neglected the issue of wilāyat and leadership—which is an innate or fitrī issue. By ratifying it, Islam has signed and put into circulation an innate human principle. God, the Almighty, has stated in His divine Book: “So set thy face to the pure religion of Allah; this is the fitrah (nature) upon which Allah has created humankind. The creation of Allah is immutable. This is the eternal religion, but most people do not know.”(Sūrat al-Rūm 30:30).
Explanation: With its awesome vastness and magnitude the wide universe of existence, as it is stated in various holy verses, forms a unitary whole. Its diverse components and aspects from the tiniest particle to the greatest celestial body, and the most multifarious group of stars that form tremendous galaxies all are existentially related and influence each other.
Hence, in every coming into existence or evolution of a phenomenon, whether enormous or minuscule, each and every component of the world of existence has a share. Of course, humankind is also a part of the world and is not apart from the rest.
Like a raindrop that trickles into an immense river, it is consigned to the effervescence and currents of the river and does not retain in itself any individual autonomy or distinguished drive.
Creation leads its elements toward perfection
With its general endeavors and movements and dynamism on the course of its existence, this extensive universal organization brings about general evolutions. Moreover, it delivers each of the variety of creatures to the perfection of their beings and leads them to the aims of their existence.
As we can see, through their creation and genesis, every one of these varieties is equipped with a series of abilities and instruments that are perfectly suited to their existential aims and life goals. Only by activities that utilize these abilities and resources may they resolve their existential needs and transform their flaws into perfections.
The best verification of this issue may be found as a general statement in the following verses: “He said: Our Lord is He who gave to each thing its creation and then guided it.” (Sūrat Tā Hā 20:50).
“He who has created then given order; and who has determined then guided.”(Sūrat al-A‘lā 87:2-3).
From here we can deduce that humans must perpetually know good and evil and their profit and loss through genetic apprehension and existential guidance. This is because humans are non-independent elements inseparable from general creation, and the general nature of creation conveys and leads each of its constituents to its appropriate existential purpose and perfection.
Due to the fact that humankind is a variety that travels towards its life goals and perfection using its intellect and volition, perforce its aforementioned genetic guidance and apprehension manifests in the form of knowledge and thoughts. This has been stated in the following holy verse: “By the soul and He who (created it and) gave it order; then, inspired it (with consciousness of) wrong and right. Truly saved are those who purify it. And surely lost are those who corrupt it.” (Sūrat al-Shams 91:7-10).
It is clear from the foregoing discussion that through genetic inspiration and the guidance of fitrah and constitution, humans are equipped with an array of information and thoughts that guarantee their bliss throughout life endeavors.
By utilizing these thoughts and knowledge, humans attain harmony with the system of creation and do not conflict or clash with the general and perfectionist movement of the universe—which would precipitate the demise of their own perfectionist system. This is the concept that God, the Glorified, has disclosed in the preceding verse, “So set thy face to the pure religion of Allah…”, and affirms that: First, because the bliss and beatitude of humankind is a genetic reality in their lives, an order must reign over the people that stems from the general creation of the universe and the exclusive creation of humanity.
Second, because the system of creation is constant and established, the perfect religion and lifestyle that springs from it must also be constant and established. It must not be dependent upon passions and desires, change color everyday, and draw it through every cesspool of vileness and adversity and thus afflict humankind with wrong even though it knows the correct path by its God-given nature. In another verse, Allah declares: “Did you see the person who took his (or her) desire as his god and Allah led him astray in knowledge (that he was not worthy of guidance)…” (Sūrat al-Jāthiyah 45:23).
Also, in many verses God notifies that humans must abide by righteousness in their lifestyle not passions and desires. They must accept the judgment of sound reason not the verdict of carnal impulses and sentiments: “…So what is there after truth save error?” (Sūrat Yūnus 10:32).
Third, because defying the laws and precepts of fitrah is in reality opposition and resistance to the universal system of creation and this great system with its awesome power inevitably contends with these minuscule opposing humans, it shall, like it or not, straighten them upon the conforming path by either destroying or dominating them. Humans opposing religion and fitrah must anticipate a terrible juncture and painful retribution—as is indicated in the verses subsequent to verse 30 of Sūrat al-Rūm.
Necessity of wilāyat and leadership
According to the general principle that “Islam is based upon fitrah”, concepts essential to fitrah are endorsed in Islam and one of the necessities and clear tenets of fitrah, in the manner we have defined, is the matter of wilāyat and leadership.
It was due to the clarity of the issue that at the time of the Holy Prophet (S) and especially after the hijrah, even though all aspects of wilāyat and leadership were practiced, (such as administration of people’s affairs, appointment of governors and judges, management of charity and mortmain, general education and edification, dispatching missionaries, etc.)
Muslims did not ask regarding the necessity of this principle even though many less important things were asked about including menstruation and donation. There are verses in the Holy Qur’an regarding these issues and the “Saqīfah incident” is the best testimony to this fact.
On the day of the Prophet’s (S) death, before the blessed body of the Prophet (S) was interred, several of the muhājirīn, ansār and sahābah left the body and gathered at Saqīfah banī Sā‘idah to choose a caliph. They made many suggestions, one saying the caliph must be chosen from the ansār and another saying from the muhājirīn.
Others would say one caliph from the ansār and one from the muhājirīn. Among this group no one came forward to say that there was no need to appoint a caliph or that there was any reason that caliphate was not necessary. This was because by their fitrah everyone understood that the wheel of the Islamic society could not rotate without a spinner and that the religion of Islam has validated the fact that there must be a government among Muslims.
Another attestation to this fact is the following holy verse: “And Muhammad is naught but a messenger. Messengers have passed away before him. If he dies or is slain will you turn on your heels? And whoever turns back on their heels will do no harm to Allah and Allah will soon reward the thankful.”(Sūrat Āl ‘Imrān 3:144).
This verse says: Muhammad (S) is a messenger like the messengers that came before him, propagated the religion, and passed away. He is also temporary and will not remain among you forever. The religion is God’s religion not Muhammad’s. It will not terminate with his passing. He has the function of mediation and messengership. If one day he dies or is killed, will you turn on the religion?
It is evident that this holy verse was revealed with reference to the battle of Uhud and the defeat of the Muslims due to the sudden injury that the Holy Prophet (S) received from the enemy when it was rumored that Muhammad (S) had been killed.
Subsequent to this rumor, except for a select few, the army of Islam stopped fighting and retreated with the excuse that after the death of the Holy Prophet (S) there is no reason to continue the battle.
God, the Almighty, revealed this holy verse in regard with this incident and addressed Muslims and reproached and rebuked them due to their flight.
It is evident that they did not return to worshiping idols or repudiate prayer or fasting. The only thing they said, after the death of the Holy Prophet (S), was why one should continue fighting? In other words, they decided to abandon a religious duty that needed an administrator (i.e. the Prophet (S)) after his death.
God rebukes them in this regard and speaks not only of the situation of being killed but also of the condition of natural death and declares: After the death of the Prophet (S), whether by natural death or killing, the tradition that has been created with his appointment must be absolutely preserved and must under no conditions be abandoned because he is no more than a messenger and religion belongs to God and as long as God is God, religion shall remain His.
After the Holy Prophet (S), the system of wilāyat and leadership must endure until the Day of Judgment. The Islamic society must have a standing government. Departments of education, propagation, economy, defense, judicature, etc. must all continue their work.
Clearly this holy verse by necessity gives Muslims authority to carry on their social activities in the same manner as at the time of the Prophet (S). That is to say, the trustee or vicegerent must execute the immutable precepts of religion (which are termed the religious law [sharī‘ah] of Islam), punish offenders in accordance with clear religious instructions, and manage social affairs of the Islamic society remaining true to the best interests of Islam and Muslims by issuing decrees regarding matters that vary according to circumstance.
Variable and immutable precepts
As it is clear from the preceding discussion, rules and precepts that are carried out in the Islamic society are of two types: immutable precepts and variable precepts.
In explanation, we may imagine a man with a specific nationality. He is the head of a household and is responsible to advance the small familial system he has started toward life goals as per his social status. He can, observing prudence, utilize his national rights in the shadow of the inviolable laws of his country, make decisions and enact them.
He can appoint a duty for each of the members of his family or release them from those duties. He can give specific instructions regarding food, clothing, habitation, etc. or cancel them according to expedience. He can call a day off or double the work hours.
He can defend himself and his family against those who infringe upon their property or dignity or he may sit calmly and determine that not engaging in defense is more advantageous, etc. However, he may never violate the mandatory laws of the country nor shirk his legal responsibilities.
Undoubtedly, the rules and precepts that are observed in this small social organization are of two types: first, the mandatory laws of the country that are immutable, modification of which is completely beyond the authority of this organization; and second, mandatory laws that stem from the head and vicegerent of the family, which may be changed according to expedience and the will of the head of the family.
The relation of the office of vicegerent and Islamic government to the religious organization and Islamic society is the same as the relation of the aforementioned head of family regarding the familial organization and members of the family.
The divine Islamic rules and precepts that have been sent down to the Prophet (S) through revelation and that we call Islamic sharī‘ah and precepts of Allah are immutable laws on the authority of the Book and Tradition. They are unalterable laws and their execution and the punishment of transgressors is the duty of the office of Islamic wilāyat, vicegerent, trustee, or leader.
In the shelter of and compliance to the laws of sharī‘ah, the vicegerent may make a series of decisions and legislations based on expedience and execute them. Such laws would be mandatory and have similar credence to the sharī‘ah with the difference that divine laws are immutable and unalterable whereas persistence of legislated laws is dependent upon the expedience that caused them to arise.
Due to the fact that the life of human societies is in continual transition and evolution, these regulations will gradually change and lead to better ones.
Several points may be understood from the preceding discourse, which will be explained in turn:
Point one
As we made clear, Islamic regulations are of two types: The first type is divine precepts or laws of the sharī‘ah, which are constant and immutable. They are a series of precepts that have divinely been inspired upon the Holy Prophet (S) as an irrevocable fitrī religion that must be carried out for all time—as indicated in the preceding sūrat (Sūrat al-Rūm 30:30) and also in the Tradition [sunnah]: The halāl (permissible) of Muhammad is halāl unto the Day of Resurrection and the harām (forbidden) of Muhammad is harām unto the Day of Resurrection.
Of course, is has occurred to many modern thinkers  ) that in accordance with the laws of nature and evolution, the human populace is continually changing and so generally, standing regulations must also change with the advancement of civilization.
A detailed response to this criticism and elaboration on the eternal soul of each of the articles of the Islamic sharī‘ah is beyond the scope of this discourse. However, in short, we must note that regardless of what or how civil laws are, they are nevertheless based on the genetic and real needs of humankind. It is self-evident that all human needs are not variable; rather, we possess a series of real and constant needs.
Among these civil laws there are many instances of constant items such as the necessity of social life, defense of sanctities, personal ownership, necessity of government, and so on. Thus, in every imaginable social order there will always be a series of constants and the constant laws and items recognized by Islam are precepts that are collectively called the sharī‘ah.
The second type consists of regulations that arise from the office of vicegerency and are legislated and executed in accordance with present expedience. It is evident that the continuance or collapse of these regulations is contingent upon current means and exigencies and will assuredly alter with the advancement of civilization and variation of benefit and detriment. Indeed, the principle of wilāyat and leadership of the society, because it is a divine precept of the sharī‘ah, is immutable.
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