Shia Political Thought

Maqbula of Umar ibn Hanzala
According to the science of ahadith, the â€کmaqbula’ is a narration that has been accepted by fuqaha as a valid tradition without examining the authenticity or weakness of its chain of transmission. In other words, even though some of those who appear as its transmitters may be weak and unreliable, some evidences that support the soundness of the text compel the fuqaha to ignore such weakness.
Umar ibn Hanzala, who was a disciple of Imam as-Sadiq (A.S.) said 1: I asked Imam Sadiq (A.S.) whether it was permissible for two of the Shi’a who had a disagreement concerning a debt or an inheritance to seek the verdict of the ruler or judge. He replied: 'anyone who has recourse to taghut [i.e. The illegitimate ruling power], whatever he obtains as a result of their verdict, he will have obtained by forbidden means, even if he has a proven right to it. For he will have obtained it through the verdict and judgment of the taghut, the power that almighty God has commanded him to disbelieve in.
“They wish to seek justice from illegitimate powers, even though they have been commanded to disbelieve thereinâ€‌. [Al-Qur’an, Chapter 4, Verse 60]
Umar ibn Hanzala then asked what was the correct action for two the Shi’a to take under such circumstances. Imam Sadiq replied: They must seek out one of you who narrates our traditions, who is versed in what is permissible and what is forbidden, who is well acquainted with our laws and ordinances, and accept him as judge and arbiter, for I appoint him as hakim [judge]2.
No Imami jurist disputes that this tradition firmly establishes the authority of a faqih with regards to the administration of justice (Wilayat al-qada). However, many leading scholars such as Mirza al-Nayini, Sayyid Mohammad Reza Gulpaayigani, Shaykh al-Ansari9 and Imam Khomeini believe that the text does not confine the authority of a faqih to Wilayat al-qada. They assert that the Imam designated the faqih as trustees of universal authority (Wilayat al-amma) when he said: “I appoint him [faqih] as hakim [judge]â€‌.
However, a judge's role is not limited to merely resolving disagreements amongst the people; their conflicts and disagreements compel them to not only recourse to judges, but also to possessors of political power. The tradition of Imam Sadiq (A.S.) unconditionally prohibits any referral to illegitimate authorities (taghut) and there is no reason to assume that the Imam (A.S.) solely commanded his followers not to refer to judges appointed by an illegitimate government, while allowing them to recourse to the same government for the regulation of their affairs. By appointing the faqih as hakim, the Imam made it incumbent upon all Shi’a to refuse any kind of recourse to illegitimate authority. Hence in all aspects of disagreement it is necessary for them to refer to a faqih, whether it is in a governmental or judicial capacity.
There are no problems surrounding this hadith’s chain of transmission. All of the transmitters (Muhammad ibn Yahya, Muhammad ibn al-Hussain, Muhammad ibn Isa, Safvan ibn Yahya and Dawood ibn al-Husayn) are reliable. And although there is no specific confirmation that Umar ibn Hanzala himself existed, fuqaha generally accept this and other transmissions from him.

The Tradition of Abu Khadija
Fuqaha such as Imam Khomeini and Shaykh Muhammad Hassan 3 appeal to a famous transmission that was narrated by Abu Khadija (who was one of Imam Sadiq's companions), to argue in favor of Wilayat al-amma. The tradition is mentioned by Shaykh Tusi, Shaykh Sadiq, and Shaykh Kulayni. According to them, Abu Khadija said: I was commanded by the Imam [Ja'far as-Sadiq (A.S.)] to convey the following message to our friends [Shi’a]: 'when enmity and dispute arise among you, or you disagree concerning the receipt or payment of a sum of money, be sure not to refer the matter to one of these malefactors for judgment. Designate as judge and arbiter someone amongst you who is acquainted with our junctions concerning what is permitted and what is prohibited, for I appoint such a man as judge over you. Let none of you take your complaint against another of you to the tyrannical ruling power 4.
The explanation of the argument here is similar to the previous narration. Even though the Imam says: “I appoint such a man as judgeâ€‌, a statement that explicitly concerns Wilayat al-qada, it is essential to recognize that the final section of this transmission is not merely a repetition. Rather it is a prohibition of recourse to tyrannical authorities in matters relating to the executive. In the first instance, the Imam (A.S.) has commanded his followers to turn away from illegitimate judges, while in the second he has prohibited them from referring to other illegitimate powers with regard to non-judicial issues. This indicates that the appointment of a faqih is necessary in all matters of judgment and of government.
Many experts in the field of biography (Elm al-Rejal) testify that Abu Khadija is a trustworthy narrator. In addition, the hadith is well known amongst the fuqaha and classified as mashureh (famous), consequently there is no problem regarding its chain of transmission.
One might suppose that the designations issued by Imam Sadiq (A.S.) in the previous two traditions are temporal and limited to his lifetime. This possibility is based on the assumption that his successors may have dismissed the fuqaha from authority, just as the successors of a ruler may dismiss his previous commands. However, this supposition obviously overlooks the status of Imams (A.S.) within Imami Shi’ism; their commands and instructions are not equitable to those of an average ruler and their orders must be obeyed both during their lifetime and after their death. Furthermore, Imam as- Sadiq (A.S.) referred to a verse of the Qur’an (4:60), which ordains disbelief in taghut (oppressive authority) and prohibits any recourse to illegitimate government as a ground for his designation of the fuqaha as â€کhakim’. This is a strong indication that his edict is not restricted to a specific time, and that it is forever obligatory for people to turn away from tyrannical authorities.
These three traditions are considered reliable and act as solid foundations for the establishment of Wilayat al-amma. Nevertheless there are some disagreements amongst Imami jurists pertaining to the transmission and interpretation of the texts. Most critics maintain that the above-mentioned traditions confirm little more than the administration of justice (Wilayat al-qada) by the fuqaha.
Aside from the three aforementioned traditions, advocates of Wilayat al-amma also appeal to a set of transmissions that, although too weak to prove the universal guardianship of the faqih by themselves, certainly reinforce and verify the doctrine.

The First Tradition: The Sound Transmission of Qadah
Ali bin Ibrahim, from his father, from Hamad bin Eisa from Qadah (Abd al-Allah bin Maimun) from Imam Sadiq (A.S.), who narrated the Holy Prophet (S.A.W.A.) as saying: The superiority of the learned man over the mere worshipper is like that of the full moon over the stars. Truly the ulema (scholars) are the heirs of the Prophet (A.S.); the prophets bequeathed not gold (dinar) and silver (dirham) instead they bequeathed knowledge, and whoever acquires it has indeed acquired a generous portion of their legacy 6.
According to this tradition, the just and pious religious scholars (ulema) are the heirs of the Prophet; consequently, they must fulfil all the attributes and responsibilities that Allah designated for him (aside from receiving the divine revelation). Hence they are entrusted with maintaining his authority (Wilayat) and the integrity of Islam. And, as has become clear from previous discussions, the Prophet has been appointed as the guardian and leader of the ummah. As the Holy Qur’an says: The Prophet has higher claims over the believers than their own selves. [Chapter 33, Verse 6]
So his right to rule and govern over the believers is also entrusted to the scholars.
Critics believe that the tradition discusses the knowledge rather than the status of the prophets. So the scholars are the heirs of the Prophet in the field of knowledge. The hadiths’ chain of transmission is sound and the fuqaha usually accept it.
Notes:
1. Shaikh al-Kolayni reports the tradition in Al-Kafi, Kitab al-Fazl al-Elm, Chapter of Ekhtelaf al-Hadith, Volume 1, p. 67 also Al-Tusi, Tahzib al- Ahkam , Kitab al-Qada, Volume 6, p. 218, Hadith 514.
2. Translated in Islam and Revolution, p. 93.
3. In Kitab al-Qada wa al-Shahadat, p. 48.
4. In Jawaher al-Kalam, Volume 21, p. 395 and Volume 40, p. 17.
5. Al-Kolayni, Al-Foru’ men al-Kafi, Kitab al-Qada, Volume 7, p. 412; Al-Tusi, Al-Tahzib, Kitab al-Qada, Volume 6, p. 303; Shaikh al-Saduq, Man la Yahzoruhu al-Faqih, Volume 3, p. 2.
6. Shaikh al-Kolayni, Al-Kafi, The Book of Virtue of Knowledge, Volume 1, p. 34.